Revitalization Commission Agenda and Packet 2010 01 04 Joint Meeting

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Gifts and Nepotism If the complaint is against an elected or appointed The Code of Ethics, as well as state law, regulates official, it is forwarded to an independent judge the receipt of gifts. City officials and employees may who appoints a special, independent prosecutor for not solicit or accept a present or future gift, favor, purposes of investigation and appropriate action. If discount, service or other thing of value from a party against an employee, the City prosecutor will inves- to a City contract, or from a person seeking to influ- tigate the complaint and take appropriate action. In ence an official action. There is an exception for the all cases, the person who is subject to the complaint "occasional nonpecuniary gift" of $15 or less, but is given the opportunity to provide information con - this exception does not apply if the gift, no matter cerning the complaint. how small, may be associated with the official's or employee's official action, whether concerning a Finally, the Code allows persons who are subject to contract or some other matter. The gift ban also ex- the Code to request an advisory opinion if they are tends to independent contractors who may exercise uncertain as to applicability of the Code to a particu- official actions on behalf of the City. lar situation, or as to the definition of terms used in the Code. Such requests are handled by an advisory The Code of Ethics also prohibits common forms judge, selected from a panel of independent, disin- of nepotism. For example, no officer, public body terested judges who have agreed to provide their member, or employee shall be responsible for em- services. This device allows persons who are subject ployment matters concerning a relative. Nor can he to the Code to resolve uncertainty before acting, so or she influence compensation paid to a relative, and that a proper course of conduct can be identified. a relative of a current officer, public body member or Any person who requests and acts in accordance employee cannot be hired unless certain personnel with an advisory opinion issued by an advisory judge rules are followed. is not subject to City penalty, unless material facts were omitted or misstated in the request. Advisory Other Ethics Rules of Interest opinions are posted for public inspection; the advi- Like state law, Louisville's Code of Ethics prohibits the soryjudge may order a delay in posting if the judge use of non - public information for personal or private determines the delay is in the City's best interest. gain. It also prohibits acts of advantage or favoritism and, in that regard, prohibits special considerations, Citizens are encouraged to direct to the City Man - use of employee time for personal or private reasons, ager's Office any questions they may have about the and use of City vehicles or equipment, except in City's Code of Ethics. A copy of the Code is available same manner as available to any other person (or in on -line at the City's web site at www.LouisvilleCo.gov manner that will substantially benefit City). The City and also available at the Offices of the City Manager also has a "revolving door" rule that prohibits elected and City Clerk. officials from becoming City employees either dur- ing their time in office or for two years after leaving Other Laws on Citizen Participation office. These and other rules of conduct are found in Section 5 -9 of the Code of Ethics. in Government 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 proce- dures for its enforcement. Complaints of violations may be filed with the City prosecutor; the complaint must be a detailed written and verified statement. precedin 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 process. 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 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 9 -7-