Sustainability Advisory Board Agenda and Packet 2014 01 15

Home Browse Search

either during their time in office or for two years after leaving 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 that those 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 pro- cedures for its enforcement. Complaints of violations 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 official, it is forwarded to an independent judge who appoints a special, independent prosecutor for purposes of investigation and appropriate action. If against an employee, the City prosecutor will investi- gate the complaint and take appropriate action. In all cases, the person who is subject to the complaint is given the opportunity to provide information con- cerning the complaint. Finally, the Code allows persons who are subject to the Code to request an advisory opinion if they are uncertain as to applicability of the Code to a par- ticular situation, or as to the definition of terms used in 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 allows persons who are subject to the Code to resolve uncertainty before acting, so that a proper course of conduct may 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 opinions are posted for public inspection; the advi- sory judge may order a delay in posting if the judge determines 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 (www.LouisvilleCO.gov) and also from the Offices of the City Manager and City Clerk, Other Laws on Citizen Participation in Government preceding sections of this pamphlet describe Louisville's own practices intended to further citizen participation in government. Those practices are generally intended to further dissemination of information and participation in the governing pro- cess. Some other laws of interest regarding citizen participation include: Initiative and Referendum The right to petition for municipal legislation is reserved to the citizens by the Colorado Constitution and the City Charter. An initiative is a petition for leg- islation brought directly by the citizens; a referendum is a petition brought by the citizens to refer to the voters a piece of legislation that has been approved by the City Council. In addition to these two petition- ing procedures, the City Council may refer matters directly to the voters in the absence of any petition. Initiative and referendum petitions must concern municipal legislation —as opposed to administrative or other non - legislative matters. By law the City Clerk is the official responsible for many of the activities related to a petition process, such as approval of the petition forms, review of the signed petitions, and consideration of protests and other matters. There are minimum signature requirements for petitions to be moved to the ballot; in Louisville, an initiative petition must be signed by at least five percent of the total number of registered electors. A referendum petition must be signed by at least two and one -half percent of the registered electors. In addition to the opportunity afforded at each regular City Council meeting to comment on items not on the agenda, most City Council actions pro- vide opportunity for public comment through a public hearing process. For example, the City Charter provides that a public hearing shall be held on every ordinance before its adoption. This includes opportu- nities for public comment prior to initial City Council discussion of the ordinance, as well as after Council's 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. -7-