City Council Minutes 2006 01 25 SP

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City Council Special Meeting Minutes January 25, 2006 Page 6 of 8 2. Disclosure/non-participation requirements that apply to any matter in which an official/employee has an interest. Disclosure/non- participation process for such matters. (a) Don't participate in any discussion with City Council, other public body or any employee involved in the action. (b) Don't attempt to influence publicly or privately, City Council, the public body or any employee involved in the action. 3. Disclosure/non-participation requirements when the interest of a competitor of an official/employee is involved. Disclosure/non- participation process for such matters: (a) Don't participate in discussions with City Council, other public body or any employee involved in the action. (b) Don't attempt to influence publicly or privately, City Council, the public body or any employee involved in the action. Special Counsel Krob reviewed the State statute regarding disclosure and non- participation. General Rule: A member of the governing body who has a personal or private interest in any matter proposed or pending before the governing body shall not vote, and not attempt to influence the votes of other members of the governing body. C.RS. 31-4-404 (2) Exception: 1) If quorum or otherwise enable the body to act, and 2) disclosure is made pursuant to Section 24-18-110 C.RS., which requires disclosure in writing to the Secretary of State prior to taking official action. C.RS. 31-4-404 (3). QUASI-JUDICIAL PROCEEDINGS - SPECIAL ETHICAL CONSIDERATION The distinction between legislative and quasi-judicial matter: 1. Legislative matters are matter of general concern or applicability throughout a municipality or certain portions thereof. 2. Quasi-judicial matters often relate to only a specific individual or property usually involve applying specified standards to a particular circumstance. Constituent contacts relative to legislative matters is proper from an ethical standpoint. Constituent contacts relative to quasi-judicial matters is more problematic. In general, a party appearing before a quasi-judicial body is entitled to a fair and impartial tribunal, just as a party before a court would expect to receive. HYPOTHETICAL SITUATION DISCUSSION Special Counsel Krob and the attendees engaged in discussions over several hypothetical scenarios.