Open Space Advisory Board Agenda and Packet 2013 01 08

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exception does not apply if the gift, no matter how the Code. Such requests are handled by an advisory small, may be associated with the officials or em-judge, selected from a panel of independent, dis- ployees official action, whether concerning a con-interested judges who have agreed to provide their tract or some other matter. The gift ban also extends services. This device allows persons who are subject to independent contractors who may exercise official to the Code to resolve uncertainty before acting, so actions on behalf of the City.that a proper course of conduct may be identified. The Code of Ethics also prohibits common forms Any person who requests and acts in accordance of nepotism. For example, no officer, public body with an advisory opinion issued by an advisory judge member, or employee shall be responsible for em-is not subject to City penalty, unless material facts ployment matters concerning a relative. Nor can were omitted or misstated in the request. Advisory he or she influence compensation paid to a rela-opinions are posted for public inspection; the advi- tive, and a relative of a current officer, public body sory judge may order a delay in posting if the judge member or employee cannot be hired unless certain determines the delay is in the Citys best interest. personnel rules are followed.Citizens are encouraged to contact the City Man- agers Office with any questions about the Citys Other Ethics Rules of Interest Code of Ethics. A copy of the Code is available at Like state law, Louisvilles Code of Ethics prohibits the Citys web site (www.LouisvilleCO.gov) and also the use of non-public information for personal or from the Offices of the City Manager and City Clerk. private gain. It also prohibits acts of advantage or fa- voritism and, in that regard, prohibits special consid- Other Laws on Citizen erations, use of employee time for personal or private reasons, and use of City vehicles or equipment, ex-Participation in Government cept in same manner as available to any other per- son (or in manner that will substantially benefit City). P receding sections of this pamphlet describe The City also has a revolving door rule that prohibits Louisvilles own practices intended to further elected officials from becoming City employees citizen participation in government. Those practices either during their time in office or for two years after are generally intended to further dissemination of leaving office. These and other rules of conduct are information and participation in the governing pro- found in Section 5-9 of the Code of Ethics. cess. Some other laws of interest regarding citizen participation include: Disclosure, Enforcement, and Advisory Opinions The Code of Ethics requires that those holding or Initiative and Referendum running for City Council file a financial disclosure The right to petition for municipal legislation is statement with the City Clerk. The statement must reserved to the citizens by the Colorado Constitution include, among other information, the persons em- and the City Charter. An initiative is a petition for leg- ployer and occupation, sources of income, and a list islation brought directly by the citizens; a referendum of business and property holdings. is a petition brought by the citizens to refer to the The Code of Ethics provides fair and certain pro- voters a piece of legislation that has been approved cedures for its enforcement. Complaints of violations by the City Council. In addition to these two petition- may be filed with the City prosecutor; the complaint ing procedures, the City Council may refer matters must be a detailed written and verified statement. directly to the voters in the absence of any petition. If the complaint is against an elected or appointed Initiative and referendum petitions must concern official, it is forwarded to an independent judge municipal legislationas opposed to administrative who appoints a special, independent prosecutor for or other non-legislative matters. By law the City Clerk purposes of investigation and appropriate action. If is the official responsible for many of the activities against an employee, the City prosecutor will investi- related to a petition process, such as approval of gate the complaint and take appropriate action. In the petition forms, review of the signed petitions, and all cases, the person who is subject to the complaint consideration of protests and other matters. There are is given the opportunity to provide information con- minimum signature requirements for petitions to be cerning the complaint. moved to the ballot; in Louisville, an initiative petition Finally, the Code allows persons who are subject to must be signed by at least five percent of the total the Code to request an advisory opinion if they are number of registered electors. A referendum petition uncertain as to applicability of the Code to a par- must be signed by at least two and one-half percent ticular situation, or as to the definition of terms used in of the registered electors. 12