Ordinance 1980-699 - Laserfiche WebLink

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2.80.060 Advisory Opinions In the event any public officer or employee is uncertain as to the applicability of any provisions of this Chapter to a particular situation, or as to the definition of terms used herein, the employee/ officer may apply to the City Prosecuting Attorney for an advisory opinion. An officer or employee shall have the opportunity to present his interpretation of the facts at issue and of the applicability of provisions of this Chapter before such advisory opinion is made. All advisory opinions shall be: A. Binding upon the City, the City Council, and the City Attorney and any subsequent actions concerning the public officer or employee who sought the opinion and acted on it in good faith, unless material facts were omitted or mis-stated in their request for the advisory opinion; B. Be open to the public and shall be publicly posted; C. If the opinion concludes that the public officer or employee involved has a financial or personal interest in any con- tract, matter or transaction before any agency, board or commission of the City, that finding may be subject to review by the City Coun- cil. If the City Attorney's advisory opinion concludes that there is no financial or personal interested involved, that opinion may be reversed by an affirmative vote of at least two-thirds of the members of the City Council. 2.80.070 Abuse of Process Any person who files a malicious complaint of an alleged vio- lation of this Chapter shall be subject to a civil action filed on behalf of the City in the Boulder County District Court for the assessment of administrative costs, including staff time expended, relative to the investigation of such complaint. 2.80.080 Penalties Any public officer or employee who willfully and knowingly violates any of the provisions of this chapter shall be guilty of the violation of this Code and shall be subject to a minimum fine of $200.00. 2.80.090 Voiding of Contract Any contract or transaction which was the subject of an official act or action of the City in which there was or is an interest pro- hibited by this Chapter shall be voidable at the option of the City. Where the City Attorney determines that the public interest may best be served by not voiding a contract or transaction entered into in violation of this Chapter, such contract or transaction may be en- forced and an action or proceeding may be brought against any public officer or employee in violation of provisions of this Chapter for damages not to exceed twice the damages suffered by the City or twice the profit or gain realized by the public officer or employee, whichever is greater. 2.80.100 Injunction The City Prosecuting Attorney shall have the power, where a vio- lation of the provisions of this Code is threatendor has occurred, to bring civil action or proceeding at law or in equity for a judge- ment enjoining any violation of the provisions of this Chapter. 2.80.110 Distribution The City Clerk shall cause a copy of this Chapter to be dis- tributed to every public officer or employee of the City within 20 days after enactment of this Chapter. Each pUblic officer appointed or elected and each employee hired thereafter shall be furnished a copy of this Chapter before entering his duties with the City. 699/4