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CITY OF WOODLAND PARK PUBLIC NOTICE 

Public Hearing on Ordinance No. 1414, Series 2021, was held on January 20^th, 2022 at 7:00 PM. The aforesaid Ordinance was posted on the City’s website January 10, 2022 prior to the City Council meeting, passed on first reading January 6, 2022, ordered published, as required by Section 7.6 of the Charter of the City of Woodland Park. The aforesaid Ordinance was approved by City Council as presented below. 

CITY OF WOODLAND PARK, COLORADO

ORDINANCE NO. 1414

(Series of 2021)

AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF WOODLAND PARK, COLORADO SUBMITTING A BALLOT QUESTION TO THE ELECTORS OF THE CITY TO AMEND THE CITY’S CHARTER TO REPEAL AND REPLACE THE CURRENT GENERAL CONFLICT OF INTEREST PROVISION WITH A MORE DETAILED AND COMPREHENSIVE CONFLICT OF INTEREST PROVISION

WHEREAS, the City of Woodland Park (the “City”) is a home rule municipality duly organized and validly existing under the Colorado Constitution and the City Charter (the “Charter”);

WHEREAS, Article XV, Section 15.10 of the Charter provides that the Charter may be amended at any time in the manner provided by statute;

WHEREAS, Article XX, Section 5 of the Colorado Constitution and C.R.S. § 31-2-210(1)(b) provide that the City Council may submit a Charter amendment to a vote by ordinance;

WHEREAS, C.R.S. § 31-2-210(1)(b) further provides that an ordinance to submit a Charter amendment to a vote must also adopt a ballot title for the proposed amendment;

WHEREAS, the Charter’s current conflict of interest provision does not define what constitutes a conflict of interest, introduces ambiguity with respect to instances where a Council member “could potentially be construed as having a conflict of interest,” and fails to specifically identify who is considered a member of one’s immediate family;

WHEREAS, the City Council wishes to seek voter direction on whether the Charter should be amended to repeal and replace the Charter’s current general conflict of interest provision with a more detailed and comprehensive conflict of interest provision;

WHEREAS, the next municipal election is scheduled for April 5, 2022;

WHEREAS, the City Council hereby determines that it is necessary to submit to the electors of the City, at the municipal election to be held on April 5, 2022, the question of whether to repeal and replace the Charter’s current general conflict of interest provision with a more detailed and comprehensive conflict of interest provision.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOODLAND PARK, COLORADO, AS FOLLOWS:

Section 1.        Pursuant to the Charter, the Colorado Constitution, and C.R.S. § 31-2-210(1)(b), the following proposal shall be submitted to the electors of the City and shall become effective if approved by the majority of the voters at the municipal election to be held on April 5, 2022.

Section 2.        The following ballot language is hereby referred to the voters at said election:

PROPOSED BALLOT QUESTION TO AMEND THE CITY’S CHARTER TO REPEAL AND REPLACE THE CURRENT GENERAL CONFLICT OF INTEREST PROVISION WITH A MORE DETAILED AND COMPREHENSIVE CONFLICT OF INTEREST PROVISION

Section 3.        If the above question is ratified by a majority of the voters of the City at the municipal election to be held on April 5, 2022, Article III, Section 3.14 of the Charter shall be repealed and replaced to read as follows:

Section 3.14 – Conflict of Interest

(a) Purpose and intent.

(1) The City shall conduct its businesses, operations, and services in accordance with the law and the highest standards of business practices and ethics. The City is committed to complete honesty, utmost integrity, fair dealing, and ethical behavior as the basis of its businesses, operations, and services to the community.

(2) It is the intent of the City that its officers and employees adhere to the highest levels of ethical conduct so that the public will have the confidence that persons who are in positions of public responsibility act for the benefit of the public. Officers and employees should comply with the letter and spirit of this section as well as strive to avoid situations which may create impropriety or the appearance of impropriety.

(3) It is the intent of the City to establish and enforce a policy which ensures that its officers and employees are independent, impartial, and responsible to the citizens they serve and represent. Elected officials should have a general understanding of the City’s views regarding situations which create or involve conflicts of interest or the appearance of impropriety. It is the intent of this section to clarify which actions are allowed and which constitute a breach of the public trust.

(b) Definitions. For purposes of construction of this section, the following words and phrases shall have the following meanings:

Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity, or entity.

Financial interest means any interest equated with money or its equivalent. Financial interest shall not include: 

(1) the interest that an officer, employee, or member of their immediate family has as an employee of a business, or as a holder of an ownership interest in such business, in a decision of any public body, when the decision financially benefits or otherwise affects such business but entails no foreseeable, measurable financial benefit to the officer, employee, or immediate family member;

(2) the interest that an officer, employee, or member of their immediate family has as a non-salaried officer or member of a nonprofit corporation or association or of an educational, religious, charitable, fraternal, or civic organization in the holdings of such corporation, association, or organization;

(3) the interest that an officer, employee, or member of their immediate family has as a recipient of public services when such services are generally provided by the City on the same terms and conditions to all similarly situated citizens, regardless of whether such recipient is an officer, employee, or immediate family member;

(4) the interest that an officer, employee, or member of their immediate family has as a recipient of a commercially reasonable loan made in the ordinary course of business by a lending institution, in such lending institution;

(5) the interest that an officer, employee, or member of their immediate family has as a shareholder in a mutual or common investment fund in the holdings of such fund unless the shareholder actively participates in the management of such fund; 

(6) the interest that an officer, employee, or member of their immediate family has as a policyholder in an insurance company, a depositor in a duly established savings association or bank, or a similar interest-holder, unless the discretionary act of such person, as an officer or employee, could immediately, definitely, and measurably affect the value of such policy, deposit, or similar interest; 

(7) the interest that an officer, employee, or member of their immediate family has as an owner of government-issued securities unless the discretionary act of such owner, as an officer, employee, or member of their immediate family, could immediately, definitely and measurably affect the value of such securities; or 

(8) the interest that an officer or employee has in the compensation received from the City for personal services provided to the City as an officer or employee.

Immediate family means husband, wife, son, daughter, mother, father, step-son, step-daughter, step-mother, step-father, father or mother-in-law, son or daughter-in-law, brother or sister-in-law, grandmother, grandfather, grandchildren, brother, sister, domestic partner, any person with whom he or she is cohabiting, any person whom he or she is engaged to be married, and any person with whom he or she is engaged in an intimate relationship. The term includes any minor children for whom the person or his or her domestic partner provides day-to-day care and financial support. A “domestic partner” is an unmarried adult, unrelated by blood, with whom an unmarried officer or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses.

Officer or employee means any person holding a position by election, appointment, or employment in the service of the City, whether part-time or full-time, including a member of any authority, board, committee or commission of the City, other than an authority that is:

(1) established under the provisions of the Colorado Revised Statutes;

(2) governed by state statutory rules of ethical conduct; and

(3) expressly exempted from the provisions of this section by ordinance of the Council.

Personal interest means any interest (other than a financial interest) by reason of which an officer or employee, or a member of the immediate family of such officer or employee, would, in the judgment of a reasonably prudent person, realize or experience some direct and substantial benefit or detriment different in kind from that experienced by the general public. Personal interest shall not include:

(1) the interest that an officer, employee, or member of their immediate family has as a member of a board, commission, committee, or authority of another governmental entity or of a nonprofit corporation or association or of an educational, religious, charitable, fraternal, or civic organization;

(2) the interest that an officer, employee, or member of their immediate family has in the receipt of public services when such services are generally provided by the City on the same terms and conditions to all similarly situated citizens; or

(3) the interest that an officer or employee has in the compensation, benefits, or terms and conditions of his or her employment with the City. 

Public body means the Council or any authority, board, committee, commission, service area, department, or office of the City.

(c) Rules of conduct concerning conflicts of interest. 

(1) Sales to the City. No officer or employee, or member of the immediate family of such officer or employee, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services, if:

a. such officer or employee is a member of the Council;

b. such officer or employee exercises, directly or indirectly, any decision-making authority on behalf of the City concerning such sale; or

c. in the case of services, such officer or employee exercises any supervisory authority in his or her role as a City officer or employee over the services to be rendered to the City.

(2) Purchases from the City. No officer, employee, or member of their immediate family shall, directly or indirectly, purchase any real or personal property from the City, except such property as is offered for sale at an established price, and not by bid or auction, on the same terms and conditions as to all members of the general public.

(3) Interests in other decisions. Any officer, employee, or member of their immediate family who has a financial or personal interest in any matter proposed or pending before any public body of which he or she is a member, to which he or she makes recommendations, or any officer or employee who believes that their vote on the matter will, for whatever reason, have the appearance of impropriety shall, upon discovery thereof, disclose such interest to the other members of the public body, not vote on the matter, and not attempt to influence the vote of any other member of the public body. If the Mayor or any Council member fails to declare such an interest, the remaining members of the Council shall determine by a majority vote whether such interest constitutes a conflict of interest. 

(d) Employment by the City. Neither the Mayor nor any member of the Council shall be a compensated employee of the City during their term of office. 

(e) Violations. Any contract made in violation of this section shall be voidable by the City. If voided within one (1) year of the date of execution thereof, the party obtaining payment by reason of such contract shall, if required by the City, forthwith return to the City all or any designated portion of the compensation received by such individual from the City by reason of said contract, together with interest at the lawful maximum rate for interest on judgments.

Section 4.        All acts, orders, resolutions, ordinances, or parts thereof in conflict with the foregoing Charter amendment shall be repealed at the time the amendment takes effect.

Section 5.        Severability. The provisions of this ordinance are severable and the invalidity of any section, phrase, clause, or portion of the ordinance as determined by a court of competent jurisdiction shall not affect the validity or effectiveness of the remainder of the ordinance.

Section 6.        Effective Date. This ordinance shall be in full force and effect upon its publication as required by law and approval by a majority of those voting at the city election to be held on April 5, 2022.

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PASSED BY CITY COUNCIL ON SECOND AND FINAL READING FOLLOWING PUBLIC HEARING THIS ___ DAY OF ___________, 2021.

                                                                                    City of Woodland Park

                                                                                    ______________________________

                                                                                    Hilary LaBarre, Mayor Pro-Tem

ATTEST:

_____________________________

City Clerk, Suzanne Leclercq