§ 2-375. Restrictions on conduct.

Commission of the following acts is prohibited by this Code and a determination that an officer has committed one or more of the following shall subject the officer to such penalty as is provided herein in accordance with the provisions of this Code.

(1)

An officer shall not knowingly disclose information which he knows or reasonably should know is confidential information regardless of the source of the information unless directed to by the city council or compelled to by operation of law.

(2)

An officer shall not knowingly use or disclose any information gained in the course of or by reason of his official position and which has not been made public to advance his financial interests or to further the financial interests of any family member.

(3)

An officer shall not perform a governmental function, participate in the discussion of, or influence or attempt to influence any officer or employee, or otherwise participate in any final action, or vote to render any final decision or determination on any matter in relation to which the officer with this provision if by reason of his participation in the enactment of any ordinance, resolution or other matter required to be voted upon, no pecuniary gain accrues to him or his family by virtue of any private or personal financial interest to any greater extent than could reasonably be expected to accrue to any other member of the general public. An officer shall not be in violation of this provision if the officer receives a personal financial benefit from the city in the course of or which is incidental to the exercise of his official duties or such benefit is authorized by the city council. This provision shall not be interpreted to prevent or hinder an official from conducting business as a private citizen with the city in the course of engaging in an occupation, profession or business provided the official does not violate subsection (12) of this section.

(4)

An officer shall not accept a gift of substantial value or economic benefit tantamount to a gift of substantial value:

a.

Which would tend to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties; or

b.

Which he knows or which a reasonable person in his position should know under the circumstances is primarily for the purpose of rewarding him for official action he has taken.

(5)

An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services.

(6)

The following shall not be considered gifts of substantial value or gifts of economic benefit for purposes of this section and it shall not be a violation of this Code for a person to accept the same:

a.

Campaign contributions required to be reported by C.R.S. § 1-45-108;

b.

An occasional nonpecuniary gift, insubstantial in value;

c.

A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service;

d.

Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such public officer, is scheduled to participate;

e.

Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to such public officer, which is not extraordinary when viewed in light of the position held by such public officer;

f.

A gift of nominal value presented to the officer by either the city or another government, domestic or foreign, in recognition or appreciation of public service or an expression of friendship;

g.

Items of a nominal value or a perishable or nonpermanent nature, including, but not limited to, meals, lodging, travel expenses, or tickets to sporting, recreational, educational, or cultural events;

h.

Payment for speeches, debates or other public events, reported as honorariums;

i.

Payment of salary from employment, including other government employment, in addition to that earned from being an officer of the city;

j.

Anything or compensation or the like approved by the city council unless the same violates a state law.

(7)

No officer on behalf of any private interest other than himself, a spouse or minor children or a business in which he has a financial interest shall appear before any board. An officer may appear before council or any board on behalf of the electorate in the course of his duties as a representative of the electorate or in the performance of public or civic duties.

(8)

No officer shall communicate information concerning a matter subject to or pending litigation in which the city is a party, which could reasonably be interpreted as an admission of liability on behalf of the city or which a reasonable person would interpret as being prejudicial to the interests of the city in the subject matter without prior authorization of the city council unless completed by legal authority.

(9)

An officer shall not knowingly use any city property or services for personal gain or profit except when such property or services are available to the general public or authorized in the furtherance of official business. No officer shall be deemed to have violated this section if their use of city property is incidental to the performance of their official business. An officer in compliance with C.R.S. § 24-18-109(4)(a) and (b) shall be deemed to be in compliance with this section. The city council may approve polices and procedures concerning the use of city services and resources in accordance with C.R.S. § 1-45-116.

(10)

When a governmental function requires an officer to act in a quasi-judicial capacity, the officer shall take reasonable precautions to avoid and prevent ex-parte communication with any party in interest or with their representative. Any officer may seek an advisory opinion from the city attorney concerning any ex parte communication received pertaining to a matter the subject of which is or may become the subject of a quasi-judicial proceeding in which the officer may perform a governmental function. If an officer receives ex parte communications regarding a matter which is before the officer for quasi-judicial action, the officer shall disclose the communication prior to the commencement of the hearing. After disclosure, the officer may participate in the hearing and vote on any action unless the officer concludes that the communication may prevent him from participating and voting thereon in an unbiased manner. If the officer concludes that the ex parte communication may prevent him from voting in an unbiased manner, he shall excuse himself and shall not participate in the discussion or vote on said matter.

(11)

An officer shall not vote on any question concerning the officer's own conduct where the board is making a determination regarding the officer under article III, chapter 2.

(12)

An officer shall not use his official position or secure a special privilege or exemption for himself or others, nor shall any officer seek or grant any special consideration, treatment or advantage to any citizen beyond that which is generally available to every other citizen regardless of the involvement of the officer. This provision shall not be interpreted to present or hinder an officer from presenting citizen concerns to the appropriate administrative official and requesting a response to the citizen concern.

(13)

An officer who in the course of his business desires to enter into a contract with the city shall disclose such contract to the city manager and, if the contract requires approval of the city council, to the city council prior to entering into the contract with the city. Provided the officer's interest is disclosed and the city's purchasing ordinance has been followed and the contract is in the best interests of the city, the officer and city may consummate the contract, and the same shall be deemed to comply with this Code. The officer shall not vote on any contract in which he has a financial interest and shall not attempt to influence the city council or city manager in the process of awarding the contract.

(Code 1981, § 2-55; Ord. No. 3088, § 2, 6-27-1994)