Historical Commission Agenda and Packet 2014 01 15

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either during their time in office or for two years after Other Laws on leaving office. These and other rules of conduct are Citizen Participation in found in Section 5-9 of the Code of Ethics. Government Disclosure, Enforcement, and Advisory Opinions P The Code of Ethics requires that those holding or receding sections of this pamphlet describe running for City Council file a financial disclosure Louisvilles own practices intended to further statement with the City Clerk. The statement must citizen participation in government. Those practices include, among other information, the persons em- are generally intended to further dissemination of ployer and occupation, sources of income, and a list information and participation in the governing pro- of business and property holdings. cess. Some other laws of interest regarding citizen The Code of Ethics provides fair and certain pro- participation include: cedures for its enforcement. Complaints of violations may be filed with the City prosecutor; the complaint Initiative and Referendum must be a detailed written and verified statement. The right to petition for municipal legislation is If the complaint is against an elected or appointed reserved to the citizens by the Colorado Constitution official, it is forwarded to an independent judge and the City Charter. An initiative is a petition for leg- who appoints a special, independent prosecutor for islation brought directly by the citizens; a referendum purposes of investigation and appropriate action. If is a petition brought by the citizens to refer to the against an employee, the City prosecutor will investi- voters a piece of legislation that has been approved gate the complaint and take appropriate action. In by the City Council. In addition to these two petition- all cases, the person who is subject to the complaint ing procedures, the City Council may refer matters is given the opportunity to provide information con- directly to the voters in the absence of any petition. cerning the complaint. Initiative and referendum petitions must concern Finally, the Code allows persons who are subject to municipal legislationas opposed to administrative the Code to request an advisory opinion if they are or other non-legislative matters. By law the City Clerk uncertain as to applicability of the Code to a par- is the official responsible for many of the activities ticular situation, or as to the definition of terms used in related to a petition process, such as approval of the Code. Such requests are handled by an advisory the petition forms, review of the signed petitions, and judge, selected from a panel of independent, dis- consideration of protests and other matters. There are interested judges who have agreed to provide their minimum signature requirements for petitions to be services. This device allows persons who are subject moved to the ballot; in Louisville, an initiative petition to the Code to resolve uncertainty before acting, so must be signed by at least five percent of the total that a proper course of conduct may be identified. number of registered electors. A referendum petition Any person who requests and acts in accordance must be signed by at least two and one-half percent with an advisory opinion issued by an advisory judge of the registered electors. is not subject to City penalty, unless material facts were omitted or misstated in the request. Advisory Public Hearings opinions are posted for public inspection; the advi- In addition to the opportunity afforded at each sory judge may order a delay in posting if the judge regular City Council meeting to comment on items determines the delay is in the Citys best interest. not on the agenda, most City Council actions pro- Citizens are encouraged to contact the City Man- vide opportunity for public comment through a agers Office with any questions about the Citys public hearing process. For example, the City Charter Code of Ethics. A copy of the Code is available at provides that a public hearing shall be held on every the Citys web site (www.LouisvilleCO.gov) and also ordinance before its adoption. This includes opportu- from the Offices of the City Manager and City Clerk. nities for public comment prior to initial City Council discussion of the ordinance, as well as after Councils initial discussion but before action. Many actions of the City are required to be taken by ordinance, and thus this device allows for citizen public hearing com- ments on matters ranging from zoning ordinances to ordinances establishing offenses that are subject to enforcement through the municipal court.