Business Retention and Development Committee Agenda and Packet 2011 01 11

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Gifts and Nepotism The Code of Ethics, as well as state law, regulates the receipt of gifts. City officials and employees may not solicit or accept a present or future gift, favor, discount, service or other thing 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 employee's official action, whether concerning a contract or some other matter. The gift ban also ex- tends to independent contractors who may exercise official actions on behalf of the City. The Code of Ethics also prohibits common forms of nepotism. For example, no officer, public body member, or employee shall be responsible for em- ployment matters concerning a relative. Nor can he or she influence compensation paid to a relative, and a relative of a current officer, public body member or employee cannot be hired unless certain personnel rules are followed. Other Ethics Rules of Interest Like state law, Louisville's Code of Ethics prohib- its the use of non-public information for personal or private gain. It also prohibits acts of advantage or favoritism and, in that regard, prohibits special considerations, use of employee time for personal or private reasons, and use of City vehicles or equip- ment, 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 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 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. 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 inves- tigate 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 particu- lar 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, disin- terested 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 Manag- er'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 on Citizen Participation in Government Dreading sections of this pamphlet describe Louisville's own practices intended to further citizen participation in govern- ment. Those practices are generally intended to further dissemi- nation of information and participation in the governing process. Some other laws of interest regarding citizen participation indude: 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 legislation brought directly by the citizens; a -7-