Revitalization Commission Agenda and Packet 2012 01 09

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Gin's and Nepotism The Code of Ethics, as well as state Iaw, regulates the re i t of gifts. City official and employees may not solicit or accept a present or future gift, favor, discount, service or other thi of value from a party to a City contract, or from a person seeking to influ- ence an official action. There is an exception for the "occasional nonpecuniary gift" of $15 or less, but this exception does not apply if the gift, no matter how small, may be associated with the official's or em- ployee's official action, whether concerning a contract or some other rnatter. The gift ban also extends to independent contractors who may exercise official ac- tions on behalf of the City. The Code of Ethics also prohibits common forms of nepotism. For example, no officer, public body mem- ber, or employee shall be responsible for employment matters concerning a relative. Nor can he or she influ- ence compensation paid to a relative, and a relative of a current officer, public body inember or employee cannot be hired unless certain personnel rules are followed. Other Ethics Rules ofInterest Like state Iaw, Louisville's Code of Ethics prohibits the use of non-public information for personal or private gai n. It lso prohibits acts of advantage or fa- voritism and, in that regard, prohibits special consid- crabonu,uuuo[cnployectine6orperxonalorprivate reasons, and use of City vehicles or equipment, except in same manner as available to any other person (or in manner that will substantially benefit City). The City also has a "revolving door" rule that prohibits elected officials from becoming City employees either during their time in office or for two years after leav- ing office. These and other rules of conduct are found in Section 5-9 of the Code of Ethics. Disclosure, Enforcement, and Advisory Opinions The Code of Ethics requires thotthooe holding or running for City Council file a financial disclosure statement with the City Clerk. The statement must include, among other information, the person's em- ployer and occupation, sources of income, and a list of business and property holdings. The Code of Ethics provides fair and certain proce- dures forhmeoforcezueot.Cozup]uiotuofviolatiooa may be filed with the City prosecutor; the complaint must be a detailed written and verified statement. If the complaint is against an elected or appointed of- ficial, it is forwarded to an independent judge who ap points a special, independent prosecutor for purposes of inves i tion and appropriate achoo.I[ against an employee, the(i/vprooecutorvvilliove i te the complaint and take app i te action. In all cases, the person who is subject to the cornplaint is given the opportunity to provide information concerning the complaint. Finally, the Code aliows persons who are subject to the Code to request an advisory opinion if they are uucertaivaatoopp]icabilityo{theCodetoopardcu- laraituadou'oraotothedebuih000[termauuediu the Code. Such requests are handled by an advisory judge, selected from a panel of independent, dis- interested judges who have agreed to provide their services. This device aliows persons who are subject to the Code to resolve uncertainty before acting, so that a proper course of conduct inay be identified. Any person who requests and acts in accordance with an advisory opinion issued by an advisory judge is not subject to City penalty, unless material facts were omitted or misstated in the request. Advisory opin- ions are posted for public inspection; the advisory judge may order a delay in posting if the judge deter- mines the delay is in the City's best interest. Citizens are encouraged to contact the City Man- ager's Office with any questions about the City's Code of Ethics. A copy of the Code is available at the City's web site at www.LouisvilleCO.gov, and also from the Offices of the City Manager and City Clerk. Other Laws �� w��J��.�� on Citizen Participation ° �° ° Government ��m��n�� � Dreceding sections of this pamphlet describe Louisville's own practices intended to fur- ther citizen participation in government. Those practices are generally intended to further dis- semination of information and participation in the governing process. Some other laws of interest regarding citizen participation include: /no/ntixeond Referendum The right to petition for municipal legislation is reserved to the citizens by the Colorado Constitu- tion and the City Charter. An initiative is a petition for legislation brought directly by the citizens; a referendum is a petition brought by the citizens to refer to the voters a piece of Iegislation that has been approved by the City Council. In addition to these two petitioning procedures, the City Council may -7-