el paso county 2016 code of ethics

8/2/2019 El Paso County 2016 Code of Ethics

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AMENDED APPENDIX TO BOARD OF COUNTY COMMISSIONERS RULES

Introduction. This Appendix is divided into four (4) parts. Part I is the voter approved

amendment to the Colorado Constitution, which amendment is commonly referred to as,

"Amendment

41

", although the actual amendment is Article XXIV

of

the Colorado

Constitution.

Part

II provides an adaptation from the Colorado Revised Statutes, 2004, as amended, of

the standards

of

conduct prescribed by the Colorado General Assembly for officers and

employees at the county-level.

Part III includes standards

of

conduct prescribed by the Board

of

County Commissioners

specifically for officers and employees

of El

Paso County.

Part IV provides an adaptation from that part of the Colorado Revised Statutes popularly

referred to as the Open Meetings Laws, which prescribe the requirements for conducting

open and public meetings at the county level.

Notes on Use. The statutes cited in this Appendix are adaptations only. In the interest

of

developing an appendix that is specific to

El

Paso County, Colorado, it was necessary in

some instances to combine parts

of

sentences by deleting inapplicable words. In some

instances it was necessary to add article adjectives. In some instances t was necessary to

add a word, for example, to add the word "County" before "Attorney" in Part III. In

making changes great care was exercised to assure that the meaning

of

the statute was not

changed. the user of this Appendix desires the exact language of any statute, the user is

advised to consult the exact statute. The Colorado Revised Statutes are typically

available in most public libraries and can be accessed on the internet by visiting the web

site

of

the Colorado General Assembly, www.leg.state.co.us/.

Additional Rules and Policies Concerning Conduct for El Paso County Officers and

Employees: Nothing in this Appendix precludes the Board of County Commissioners

from adopting additional rules and policies concerning conduct for El Paso County

Officers and Employees, provided that any such rule or policy is not contrary to the law

of

the State

of

Colorado.

Part I. Article XXIX - Ethics in Government

Enacted by the People

of

the State

of

Colorado in November 2006. The Constitution of

the State of Colorado is amended by the addition of a New Article, Article XXIX.

Section

1

Purposes and findings.

l) The People

of

the State

of

Colorado hereby find and declare that:

(a) The conduct of public officers, members

of

the general assembly,

local government officials, and government employees must hold

the respect and confidence

of

the people;

(b) They shall carry out their duties for the benefit

of

the People

of

the

State;

(c) They shall, therefore, avoid conduct that is in violation of

their

public trust or that creates a justifiable impression among members

of

the public that such trust is being violated;

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http:///reader/full/www.leg.state.co.ushttp:///reader/full/www.leg.state.co.us


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(d) Any effort to realize personal financial gain through public office

other than compensation provided by law is a violation of that

trust; and

(e) To ensure propriety and to preserve public confidence, they must

have the benefit of specific standards to guide their conduct, and of

a penalty mechanism to enforce those standards.

(2) The People of the State of Colorado also find and declare that there are

certain costs associated with holding public office and that to ensure the

integrity of the office, such costs

of

a reasonable and necessary nature

should be borne by the state or local government.

Section 2. Definitions. As used in this Article, unless the context otherwise

reqUIres

(1) "Government Employee" means any employee, including independent

contractors,

of

the state executive branch, the state legislative branch, a

state agency, a public institution

of

higher education, or any local

government, except a member of the general assembly or a public officer.

(2) "Local Government" means county or municipality.

(3) "Local Government Official" means an elected or appointed official of a

local government but does not include an employee of a local government.

(4) "Person" means any individual, corporation, business trust, estate, trust,

limited liability company, partnership, labor organization, association,

political party, committee, or other legal entity.

(5) "Professional Lobbyist" means any individual who engages himself or

herself or is engaged by any other person for p yor for any consideration

for lobbying. "Professional Lobbyist" does not include any volunteer

lobbyist, any state official or employee acting in his or her official

capacity, except those designated

as

lobbyists

as

provided by law, any

elected public official acting

in

his or her official capacity, or any

individual who appears as

counselor

advisor in an adjudicatory

proceeding.

(6) "Public Officer" means any elected officer, including all statewide elected

officeholders, the head of any department

of

the executive branch, and

elected and appointed members of state boards and commissions. "Public

Officer" does not include a member of the general assembly, a member of

the judiciary, any local government official, or any member

of

a board,

commission, councilor committee who receives no compensation other

than a per diem allowance or necessary and reasonable expenses.

Section

3.

Gift ban.

(1)

No public officer, member

of

the general assembly, local government

official, or government employee shall accept or receive any money,

forbearance, or forgiveness

of

indebtedness from any person without such

person receiving lawful consideration

of

equal or greater value in return

from the public officer, member of the general assembly, local

government official, or government employee who accepted or received

the money, forbearance or forgiveness of indebtedness.

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(2) No public officer, member

of

the general assembly, local government

official, or government employee, either directly or indirectly as the

beneficiary

of

a gift orthingof value given to suchperson's spouse or

dependentchild, shallsolicit, acceptorreceive anygift orotherthingof

value having eithera fair market valueor aggregate actual cost greater

thanfiftydollars ($50)inanycalendaryear, includingbutnotlimitedto,

gifts, loans, rewards, promises or negotiations

of

future employment,

favors or services, honoraria, travel, entertainment, or special discounts,

from aperson,withoutthepersonreceiving lawfulconsiderationof equal

orgreatervalue in returnfromthepublicofficer,member

of

thegeneral

assembly, local government official, or government employee who

solicited,acceptedorreceivedthegiftorotherthingof value.

(3) Theprohibitionsinsubsections

l)

and(2)

of

this sectiondonotapply

if

thegiftorthing

of

valueis:

(a) Acampaigncontributionas definedbylaw;

(b) nunsolicited item of trivial value less than fifty dollars ($50),

suchasapen, calendar,plant,book,notepadorothersimilaritem;

(c) An unsolicited token or awardof appreciation in the form of a

plaque,trophy,deskitem,wallmemento,orsimilaritem;

(d) Unsolicited informational material, publications, or subscriptions

relatedtotherecipient'sperformanceofofficialduties;

(e) Admission to, and the cost of food or beverages consumed at a

reception, meal ormeeting by an organization before whom the

recipient appears to speak or to answer questions as part

of

a

scheduledprogram;

(f)

Reasonable expenses paid by a nonprofit organization or other

state or local government for attendance at a convention, fact

findingmissionortrip,orothermeeting

if

thepersonisscheduled

to delivera speech,makeapresentation,participateonapanel,or

represent the state or local government, provided that the non

profit organization receives less than five percent (5%)

of

its

fundingfromfor-profitorganizationsorentities;

(g) Givenbyan individualwho is arelativeorpersonalfriendof the

recipientonaspecialoccasion;

(h) Acomponentof thecompensationpaidorotherincentivegivento

therecipientinthenormalcourseof employment.

(4) Notwithstanding any provisions of this section to the contrary, and

excepting campaign contributions as defined by law, no professional

lobbyist, personally or on behalf

of

any other person or entity, shall

knowinglyoffer,give,orarrangetogive, to anypublicofficer,memberof

thegeneralassembly,localgovernmentofficial,orgovernmentemployee,

or to amemberof suchperson's immediate family, any gift orthingof

value,

of

anykindornature,norknowinglypayforanymeal,beverage,or

otheritemtobeconsumedbysuchpublicofficer,memberof thegeneral

assembly, localgovernmentofficialorgovernmentemployee,whetheror

not suchgiftormeal, beverageor otheritemto be consumed is offered,

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given or paid for in the course of such lobbyist's business or in connection

with a personal or social event; provided, however, that a professional

lobbyist shall not be prohibited from offering or giving to a public officer,

member of the general assembly, local government official or government

employee who is a member

of

his or her immediate family any such gift,

thing

of

value, meal, beverage or other item.

(5) The general assembly shall make any conforming amendments to the

reporting and disclosure requirements for public officers, members of the

general assembly and professional lobbyists, as provided

by

law, to

comply with the requirements set forth in this section.

(6) The fifty-dollar ($50) limit set forth in subsection (2) of this section shall

be

adjusted by an amount based upon the percentage change over a four

year period in the United States Bureau of Labor Statistics Consumer

Price Index for Denver-Boulder-Greeley, all items, all consumers or its

successor index, rounded to the nearest lowest dollar. The first adjustment

shall be done in the first quarter of

2011

and then every four years

thereafter.

Section 4. Restrictions on representation after leaving office. A

Section 5. Independent ethics commission. A

Section 6. Penalty. Any public officer, member

of

the general assembly, local

government official or government employee who breaches the public trust for private

gain and any person or entity inducing such breach shall

be

liable to the state or local

jurisdiction for double the amount of the financial equivalent of any benefits obtained by

such actions. The manner of recovery and additional penalties may

be

provided by law.

Section

7.

Counties

and

municipalities. Any county or municipality may adopt

ordinances or charter provisions with respect

to

ethics matters that are more stringent

than any of the provisions contained in this article. The requirements of this article shall

not apply to home rule counties or home rule municipalities that have adopted charters,

ordinances, or resolutions that address the matters covered by this article.

Section 8. Conflicting provisions declared inapplicable. Any provisions in the statutes

of

the state in conflict or inconsistent with this article are hereby declared to be

preempted by this article and inapplicable to the matters covered by and provided for in

this article.

Section 9.

Legislation to facilitate article. Legislation may be enacted to facilitate the

operation of this article, but in no way shall such legislation limit or restrict the

provisions of this article or the powers herein granted.

art II. Statutory Code

of

Conduct for El Paso County Officers

and

Employees

Notes on Use. Parts of the following statutes may have been rendered obsolete or

otherwise effected as a result

of

the passage

of

the aforementioned, "Amendment 41",

which is Article XXIX

of

the Colorado Constitution. In the event of an event

of

an

apparent conflict between statutes and a constitutional provision, the general rule of

construction

is

that the constitutional provision controls.

A. olorado Statutes Applicable to ll County Officers and Employees

Adapted from Colorado Revised Statute C.R.S. 24-I8-101. The general assembly

recognizes the importance of the participation

of

the citizens of this state in all levels of

government in the state. The general assembly further recognizes that, when citizens of

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this state obtain public office, conflicts may arise between the public duty of such a

citizen and his or her private interest. The general assembly hereby declares that the

prescription of some standards of conduct common to those citizens involved with

government is beneficial

to

all residents of the state. The provisions

of

this Part I

recognizethatsomeactionsareconflictsper

se

betweenpublicdutyandprivateinterest

whileotheractions

m yor

maynotposesuchconflictsdependinguponthesurrounding

circumstances.

AdaptedfromC.R.S.24-18-102.Definitions.Asused

in

thisPartI, unlessthecontext

otherwiserequires:

(1)

"Business"meansanycorporation,limitedliabilitycompany,partnership,

soleproprietorship,trustorfoundation,orotherindividualororganization

carryingonabusiness,whetherornotoperatedforprofit.

(2) "Compensation" means any money, thing

of

value, oreconomic benefit

conferredonorreceived

by

anypersoninreturnfor servicesrenderedor

to

berenderedbyhimoranother.

(3)

"Employee" means any temporary or permanent employee of

EI

Paso

County.

(4) "Financial interest" means a substantial interest held by an individual

whichis:

a.

Anownershipinterestinabusiness;

b.

Acreditorinterestinaninsolventbusiness;

c.

An employmentor aprospectiveemploymentfor whichnegotiations

havebegun;

d. Anownershipinterestinrealorpersonalproperty;

e. Aloanoranyotherdebtorinterest;or

f

Adirectorshiporofficershipinabusiness.

(5) "Local government" means the government

of

any county, city and

county,city, town,specialdistrict,orschooldistrict.

(6) "Local governmentofficial"means an elected orappointed officialof a

localgovernmentbutdoesnotincludeanemployee of alocalgovernment.

(7) "Official act" or "official action" means any vote, decision,

recommendation, approval, disapproval, or other action, including

inaction,whichinvolvestheuse

of

discretionaryauthority.

AdaptedfromC.R.S.24-18-103.Publictrust - breach

of

fiduciaryduty.

(1)

Theholdingof public office oremployment is apublic trust, createdby

the confidence which the electorate reposes in the integrity of local

government officials, and employees. A local government official or

employeeshallcarryout

hislherdutiesforthebenefitof

thepeopleof the

state

nd

count/

(2) A local government official or employee whose conduct departs from

his/her fiduciary duty

is

liable

to

the people

of

the state

as

a trustee

of

propertyandshallsuffersuchotherliabilities

as

aprivatefiduciarywould

sufferforabuse

of

his/hertrust.Thedistrictattorneyof thedistrictwhere

the trust is violatedmaybringappropriatejudicialproceedingsonbehalf

1Added

to

the County Code of Ethics y

the

Board of County Commissioners

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of the people. Any moneys collected in such actions shall be paid to the

general fund of the local government. Judicial proceedings pursuant to this

section shall be in addition to any criminal action which may be brought

against such local government official or employee.

Adapted from C.R.S. 24-18-104. Rules of conduct

for

all local government officials

nd

employees.

(1) Proof beyond a reasonable doubt

of

the commission of any act enumerated

in this section is proof that the actor has breached hislher fiduciary duty

and the public trust. A local government official or employee shall not:

a.

Disclose or use confidential information acquired in the course

of

his/her official duties in order to further substantially hislher

personal financial interests; or

b.

Accept a gift

of

substantial value or a substantial economic benefit

tantamount to a gift

of

substantial value;

(I) Which would tend improperly to influence a reasonable

person in hislher position to depart from the faithful and

impartial discharge

of

his/her public duties; or

(II) Which he/she knows or which a reasonable person in

hislher position should know under the circumstances is

primarily for the purpose of rewarding them for official

action they have taken.

(2) An economic benefit tantamount to a gift of substantial value 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.

(3) The following shall not be considered gifts of substantial value or gifts of

substantial economic benefit tantamount to gifts

of

substantial value for

purposes of

this section:

a. Campaign contributions and contributions in kind reported as

required by section C.R.S. 1-45-108;

b. An occasional nonpecuniary gift, insignificant 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 local government

official or employee 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 local

government official or employee which is not extraordinary when

viewed in light of the position held by such local government

official or employee;

f. Items

of

perishable or nonpermanent value, including, but not

limited to, meals, lodging, travel expenses, or tickets to sporting,

recreational, educational, or cultural events;

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g. Payment for speeches, appearances, or publications reported

pursuanttoC.R.S.24-6-203;

h.

Paymentof salaryfrom employment, includingothergovernment

employment, in addition to that earned by reason of service in

otherpublicoffice.

(4) The provisions

of

this section are distinct from and in addition

to

the

reporting requirements of C.R.S. 1-45-108 and 24-6-203, and do not

relieve an incumbent in or candidate elected to public office from

reporting an item described in subsection (3) of this section,

if

such

reportingprovisionsapply.

Adapted from C.R.S. 24-18-10S. Ethical principles for local government officials

andemployees.

(1) Theprinciplesinthissectionare intendedasguidesto conductanddo not

constituteviolationsassuch of thepublictrustof officeoremploymentin

localgovernment.

(2) A local governmentofficial or employee should not acquire orhold an

interestinanybusinessorundertakingwhichhe/shehasreasontobelieve

may be directly and substantially affected to its economic benefit by

officialactiontobetakenbyanagencyoverwhichhe/shehassubstantive

authority.

(3) A local governmentofficial or employee should not, within six months

following the termination of hislher office or employment, obtain

employment in which he/she will take direct advantage, unavailable to

others,of matterswithwhichhe/shewasdirectlyinvolvedduringhislher

term of employment. These matters include rules, other than rules of

general application, which he/she actively helped to formulate, and

applications, claims, or contested cases in the consideration of

which

he/shewasanactiveparticipant.

(4) Alocalgovernmentofficialoremployeeshouldnotperformanofficialact

directlyand substantiallyaffectingabusinessor otherundertaking

to

its

economic detrimentwhenhe/she has a substantial financial interest ina

competingfirmorundertaking.

Adapted from C.R.S. 24-18-108.S. Rules

of

conductformembers

of

boardsand

commissions.

(1)

Proofbeyondareasonabledoubtof thecommissionof anyactenumerated

inthissectionisproofthattheactorhasbreachedhislherfiduciaryduty.

(2) Amemberof aboard,commission,council,orcommitteewhoreceives no

compensation other than a per diem allowance or necessary and

reasonableexpenses shall notperforman official act whichmay have a

directeconomicbenefitonabusinessorotherundertakinginwhichsuch

memberhasadirectorsubstantialfinancialinterest.

Adapted from

c R S

24-18-109. Rules

of

conduct for local governmentofficials

andemployees.

(1) Proofbeyondareasonabledoubtof thecommission

of

anyactenumerated

in this sectionis proofthat theactorhasbreachedhislherfiduciary duty

andthepublictrust.

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(2) Alocalgovernmentofficialorlocalgovernmentemployeeshallnot:

a. Engage in a substantial financial transaction for hislher private

business purposes with a person whom he/she inspects or

supervises

in

thecourseofhislherofficialduties;or

b.

Perform an official act directly and substantially affecting to its

economicbenefita businessor otherundertaking inwhichhe/she

eitherhasasubstantialfinancial interestor is engagedas counsel,

consultant,representative,oragent.

(3)

a.

Amemberof thegoverningbody

of

alocalgovernmentwhohasa

personal or private interest in any matter proposed or pending

before the governing body shall disclose such interest to the

governingbodyand shall notvote thereonand shall refrain from

attemptingto influencethedecisionsof theothermembersof the

governingbodyinvotingonthematter.

b.

Amemberof thegoverningbody

of

alocalgovernmentmayvote

notwithstanding paragraph (a)

of

this subsection (3)

if

hislher

participationis necessarytoobtaina quorumorotherwiseenable

the body to act and if he/she complies with the voluntary

disclosureproceduresundersection24-18-110.

(4) t shall notbe abreachof fiduciary duty and the public trust for a local

governmentofficialorlocalgovernmentemployeeto:

a. Use local government facilities orequipment to communicateor

correspond with a member's constituents, family members, or

businessassociates;or

b.

Accept or receive a benefit as an indirect consequence of

transactinglocalgovernmentbusiness.

Adapted from C.R.S. 24 18 110. Voluntary disclosure.

A member

of

a board,

commission,council,orcommitteewhoreceivesnocompensationotherthanaperdiem

allowance or necessary and reasonable expenses, a local government official, or an

employeemay,priortoactinginamannerwhichmayimpingeonhislherfiduciaryduty

and thepublic trust, disclose the nature

of

hislherprivate interest. These persons shall

makethedisclosureinwritingtothesecretary of state,with a copy to the other members

the Board County Commissioneri listingtheamountof hislherfinancialinterest, if

any, thepurposeandduration

of

hislherservicesrendered,

if

any, andthe compensation

received for the services or such other information as is necessary to describe hislher

interest.

f

he/shethenperformstheofficialactinvolved,he/sheshallstatefortherecord

the fact and summarynatureof the interestdisclosedat the time of performingtheact.

Suchdisclosure shallconstitutean affirmativedefenseto any civil orcriminalactionor

any

othersanction.

Adapted from C.R.S. 24 18 201. Interest

n

contracts.

(1) Local government officials or employees shall not be interested in any

contractmadebythemintheirofficialcapacityorbyanybody,agency,or

boardof whichtheyaremembersoremployees. Aformeremployeemay

2Added to the County Code of Ethics by the Board of County Commissioners

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not, withinsixmonthsfollowingthe terminationof hislheremployment,

contractwith orbe employedbyan employerwho contractswith astate

agencyoranylocalgovernmentinvolvingmatterswithwhichhe/shewas

directlyinvolvedduringhislheremployment.Forpurposes of thissection,

theterm:

(2)

a.

"Beinterestedin"doesnotincludeholdingaminorityinterestina

corporation.

b. "Contract"doesnotinclude:

(I) Contracts awarded to the lowest responsible bidderbased

oncompetitivebiddingprocedures;

(II) Merchandisesoldtothehighestbidderatpublicauctions;

(III) Investmentsordeposits in financial institutionswhichare

inthebusinessof loaningorreceivingmoneys;

(IV) A contract with an interested party if, because of

geographic restrictions, a local government could not

otherwise reasonably afford itself

of

the subject

of

the

contract.Itshallbepresumedthatalocalgovernmentcould

not otherwise reasonably afford itselfof the subject of a

contract if the additional cost to the local government is

greater than ten percent of a contract with an interested

party or if the contract is for services that must be

performed within a limited time period and no other

contractor can provide those services within that time

period.

(V) A contract with respect to which any local government

officialoremployeehas disclosed apersonal interestand

hasnotvotedthereonorwithrespecttowhichanymember

of the governing body of a local government has voted

thereoninaccordancewithsection24-18-109(3)(b)or31

4-404(3),C.R.S.Any suchdisclosureshallbemadeto the

governing body, for local government officials and

employees.

c. "Anylocalagency"includesElPasoCounty.

edfromC.R.S.24-18-202.

nterest

insalesor purchases.Localgovernmentofficials

shall notbe purchasers at any saleorvendors atanypurchase made by them in their

officialcapacity. Tothe extentnotinconsistentwiththe lawof theState of Colorado,

County Officers and Employees may participate in the El Paso County Surplus PC

Program.

AdaptedfromC.R.S.24-18-204.Dealingsin warrants and other claimsprohibited.

Countyofficers and all other local government officials, as well as their deputies and

clerks,areprohibitedfrompurchasingorsellingorinanymannerreceiving to theirown

useorbenefitortotheuseorbenefit

of

anypersonorpersonswhateveranystate,county,

cityandcounty,city,or townwarrants,scrip,orders,demands,claims,orotherevidences

of

indebtedness against the stateor any county, city and county, city, ortown thereof

exceptevidencesof indebtednessissuedtoorheldbythemforservicesrenderedassuch

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officer,deputy,orclerk, andevidenceso thefunded indebtednesso suchstate, county,

cityandcounty,city,ortown.

B.

Colorado Statutes pplicable to

ll

Elected County Officials

Adapted from C.R.S. 24 6 203. Reporting by incumbents and elected candidates.

(2) Every incumbent in or candidate elected to public county office who

receives any gift, honorarium, or other benefit listed in the following

subsection in connection with his/her public service shall file with the

countyClerkandRecorder,onorbeforeJanuary

15

o eachyear,areport

fortheprecedingcalendaryear.

No report is requiredi the incumbentor

candidatedoesnotreceiveanysuchitems.

(3) The following items shall be included in the report required in the

previoussubsection:

a.

Anymoney,includingbutnotlimitedtoaloan,pledge,advanceor

money,oraguarantee

o

aloan

o

money,withavalue

o

twenty

fivedollarsormore;

b.

Any gift

o

real or personal property, other than money, with a

value

o

fiftydollarsormore;

c.

Any loan

o

real or personal property, other than money,

i

the

value o the loan, defined as the cost saved by not borrowing,

leasing,orpurchasingcomparablepropertyfromasourceavailable

tothepublic,isfiftydollarsormore;

d.

Anypaymentforaspeech,appearance,orpublication;

e.

Tickets to sporting, recreational, educational, or cultural events

with a value o fifty dollars ormore for any single event, or a

series

o

tickets to sporting events

o

a specific team orcultural

events

o

a specific performing company or organization with a

totalvalue

o

onehundreddollarsormore;

f.

Payment

o

or reimbursement for actual and necessary expenses

for travel and lodging for attendance at a convention or other

meetingatwhichthe incumbentorelectedcandidate is scheduled

to participate,unlessthepaymentor reimbursementismade from

public funds, from the funds

o

ajoint governmental agency,

as

definedby C.R.S. 2-3-311, orfrom the funds o anyassociation

o

public officials orpublic entities whose membership includes

the incumbent'sorelectedcandidate'sofficeorthe governmental

entityinwhichsuchofficeisheld;

g.

Anygift

o

amealtoafund-raisingevent

o

apoliticalparty.

C. dditional Statutes

The statutes referenced in Parts

LA.

and

LB.

are not exclusive; any other statutory

referencestoethicalconduct

o

governmentalbusiness,whetherornotexpresslystatedin

the foregoing sections, are specifically adopted

as

part

o

this Code. Any acts

o

the

general assembly amending or adding to the statutes referenced inParts

LA.

and I.B.

shall also be adopted as part o this Code without any further action required by the

Boardo CountyCommissioners.

Part

III EI

Paso County Policies Applicable

to

the Conduct

o

County Officers and

Employees

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A Confidential Information

Commissioners shall respect the confidentiality appropriate to issues

of

a sensitive or

legal nature. Any Commissioner who discusses or distributes confidential information

publicly, including, but not limited to, attorney-client privileged materials as set forth in

Section X(E) of the Board s Legislative and Parliamentary Rules and Procedures, will be

subject to censure by the majority

of

the Board of County Commissioners.

B

Quasi Judicial Matters

If

any Commissioner receives written individual information on any matter that shall be

determined by the Board

of

County Commissioners in a quasi-judicial action, such

Commissioner shall provide a copy of the information to each Commissioner as well as

the County Attorney.

C Applicability El Paso County Personnel Policies and Procedures Manual

The standards of conduct for County employees are generally set forth in Chapters VII

and X of the I Paso County Personnel Policies and Procedures Manual. The County's

elected officials and certain other employees are generally exempt from Chapter X

of

the

Manual. However, all of the County's elected officials and employees are subject to the

provision for Chapter VII, Section 7.06, pertaining to Sexual Harassment.

D Computer Usage

The County provides computer systems for use of its elected officials and employees.

The computer systems are the property of the County and include the computer hardware;

approved, licensed software; email messages (except as otherwise provided by law); and

the data or the necessary network connections.

E Employment Relatives

A person shall not be employed or promoted if such employment will place him/her in a

position of supervising or being supervised by a member of hislher immediate family; or

if

such a position could affect an immediate family member's employment, promotion,

salary administration, and other related management or personnel transaction.

No Appointed Employee, Department Director, Assistant Department Director, or

Division Head shall appoint

or

employ any person within hislher immediate family, nor

use hislher position to influence another County employee to hire a member of hislher

immediate family.

For the purposes of this policy, immediate family is defined as wife, husband, mother,

father, brother, sister, son, daughter; mother-, father-, brother-, sister-, son-, daughter-in

law; grandmother, grandfather, grandson, granddaughter; step-mother, -father, -son,

daughter; uncle, aunt, niece,

or

nephew. These relationships include those arising from

blood, marriage, and adoption.

In addition to familial relationships, personal relationships and associations, the nature of

which would lend themselves to favoritism, are also prohibited in employment and

promotion decisions.

Part IV. Selected Provisions from the Colorado Open Meetings Act

Notes on Use. The statutes cited in this Appendix are adaptations only. In the interest of

developing an appendix that is specific to I Paso County, Colorado, it was necessary in

some instances to combine parts

of

sentences by deleting inapplicable words. In some

instances it was necessary to add article adjectives. In some instances it was necessary to

add a word, for example, to add the word "County" before "Attorney" in Part III. In

making changes great care was exercised to assure that the meaning of the statute was not

38


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changed. If the user

of

this Appendix desires the exact language of any statute, the user is

advised to consult the exact statute. The Colorado Revised Statutes are typically available

in most public libraries and can be accessed on the internet by visiting the web site of the

Colorado General Assembly, www.leg.state.co.us/.

Notes Concerning Paragraph Numbering and Lettering. The paragraph numbering and

lettering used in this Part III is consistent with the statute that is cited. There are

intentional gaps in the numbering and lettering which reflect the fact that this Appendix

deletes those parts of the Open Meetings Act that are not applicable to the County.

Adapted from

c.R.S.

24-6-401. Declaration of policy. t is declared to be a matter

of

statewide concern and the policy of this state

and the County 3

that the formation of

public policy is public business and may not be conducted in secret.

Adapted from

c.R.S.

24-6-402. Meetings - open to public.

(l) For purposes of this section:

a. "Local public body" means any board, committee, commISSIOn,

authority, or other advisory, policy-making, rule-making, or

formally constituted body of EI Paso County and any public or

private entity to which

EI

Paso County or an official thereof, has

delegated a governmental decision-making function but does not

include persons on the administrative staff. This definition

includes the County s various citizen boards, including, but not

limited to the Planning Commission, the Citizen Review Panel, the

Parks Advisory Board, and the Noxious Weeds Advisory Board.

b.

"Meeting" means any kind of gathering, convened to discuss

public business, in person, by telephone, electronically, or by other

means

of

communication.

(2)

b.

All meetings

of

a quorum or three or more members

of

any local

public body, whichever is fewer, at which any public business is

discussed or at which any formal action may be taken are declared

to be public meetings open to the public at all times.

c.

Any meetings at which the adoption of any proposed policy,

position, resolution, rule, regulation, or formal action occurs or at

which a majority or quorum of the body is in attendance, or is

expected to be in attendance, shall be held only after full and

timely notice to the public. In addition to any other means of full

and timely notice, a local public body shall be deemed

to have

given full and timely notice

if

the notice of the meeting is posted in

a designated public place within the boundaries

of

the local public

body no less than twenty-four hours prior to the holding

of

the

meeting. The public place or places for posting such notice shall

be designated annually at the local public body's first regular

3

Added by the Board of County Commissioners to this Code

4 Added by the Board of County Commissioners to this part of the Open Meetings Act

39
http:///reader/full/www.leg.state.co.ushttp:///reader/full/www.leg.state.co.us


13/16

meeting of each calendar year. The posting shall include specific

agenda information where possible.

d

(II) Minutes of any meeting of a local public body at which the

adoption of any proposed policy, position, resolution, rule,

regulation, or formal action occurs

or

could occur shall be

taken and promptly recorded, and such records shall be

open to public inspection. The minutes of a meeting during

which an executive session authorized under subsection (4)

of

this section is held shall reflect the topic of the

discussion at the executive session.

(III) If elected officials use electronic mail to discuss

pending legislation or other public business among

themselves, the electronic mail shall be subject to the

requirements of this section. Electronic mail

communication among elected officials that does not relate

to pending legislation

or

other public business shall not be

considered a "meeting" within the meaning of this section.

(d.S)

(II)

(A) Discussions that occur in an executive session of

a

local public body shall be recorded in the same

manner and media that the local public body uses to

record the minutes

of

open meetings, except that

electronic recording shall not be required for two

successive meetings of the local public body while

the regularly used electronic equipment IS

inoperable. Except as provided in sub-

subparagraph (B) of this subparagraph (II), the

record of an executive session shall reflect the

specific citation to the provision in subsection (4)

of

this section that authorizes the local public body to

meet in an executive session, the actual contents of

the discussion during the session, and a signed

statement from the chair of the executive session

attesting that any written minutes substantially

reflect the substance of the discussions during the

executive session. For purposes of this sub-

subparagraph (A), "actual contents

of

the

discussion" shall not be construed to require the

minutes of

an executive session to contain a

verbatim transcript

of

the discussion during said

executive session

(B) If, in the opinion of the County Attorney who is in

attendance at the executive session, all or a portion

of the discussion during the executive session

4


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constitutes a privileged attorney-client

communication,

no

record shall be required to be

kept o the part o the discussion that constitutes a

privileged attorney-client communication. Any

electronic record o said executive session

discussion shall reflect that

no

further record was

kept o the discussion based on the opinion

o

the

County Attorney, as stated for the record during the

executive session, that the discussion constitutes a

privileged attorney-client communication. Any

written minutes shall contain a signed statement

from the County Attorney attesting that the portion

o the executive session that was not recorded

constituted a privileged attorney-client

communication in the opinion o the attorney and a

signed statement from the chair o the executive

session attesting that the portion

o

the executive

session that was not recorded was confined to the

topic authorized for discussion in an executive

session pursuant to subsection (4)

o

this section.

(B) The record

o

an executive session

o

a local public

body recorded pursuant to sub-subparagraph (A) o

this subparagraph (II) shall be retained for at least

ninety days after the date o the executive session.

e.

This Part

IV

does not apply to any chance meeting or social

gathering at which discussion o public business is not the central

purpose.

f.

The provisions

o

paragraph (c)

o

this subsection (2) shall not be

construed to apply to the day-to-day oversight o property or

supervision o employees by county commissioners. Except as set

forth in this paragraph (t), the provisions o this paragraph (t) shall

not be interpreted to alter any requirements o paragraph (c) o this

subsection (2).

(3.5) A search committee o a local public body shall establish job search goals,

including the writing o the job description, deadlines for applications,

requirements for applicants, selection procedures, and the time frame for

appointing or employing a chief executive officer o an agency, authority,

institution, or other entity at an open meeting. The local public body shall

make public the list

o

all finalists under consideration for the position

o

chief executive officer no later than fourteen days prior to appointing or

employing one o the finalists to fill the position. No offer o appointment

or employment shall be made prior to this public notice. Records

submitted by or on behalf o a finalist for such position shall be subject to

the provisions o section 24-72-204(3)(a)(XI). As used in this subsection

(3.5), "finalist" shall have the same meaning as in section 24-72

204(3)(a)(XI). Nothing in this subsection (3.5) shall be construed to

41


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prohibit a search committee from holding an executive session to consider

appointment or employment matters not described in this subsection (3.5)

and otherwise authorized by this section.

(4) The members

o

a local public body subject to this Part IV, upon the

announcement by the local public body to the public

o

the topic for

discussion in the executive session, including specific citation to the

provision o this subsection (4) authorizing the body to meet in an

executive session and identification

o

the particular matter to be discussed

in as much detail as possible without compromising the purpose for which

the executive session is authorized, and the affirmative vote

o

two-thirds

o

the quorum present, after such announcement, may hold an executive

session only at a regular or special meeting and for the sole purpose

o

considering any

o

the following matters; except that no adoption o any

proposed policy, position, resolution, rule, regulation, or formal action,

except the review, approval, and amendment

o

the minutes

o

an

executive session recorded pursuant to subparagraph (II) o paragraph

(d.5)

o

subsection (2)

o

this section, shall occur at any executive session

that isnot open to the public:

a.

The purchase, acquisition, lease, transfer, or sale o any real,

personal, or other property interest; except that no executive

session shall be held for the purpose

o

concealing the fact that a

member

o

the local public body has a personal interest in such

purchase, acquisition, lease, transfer, or sale;

b. Conferences with an attorney for the local public body for the

purposes

o

receiving legal advice on specific legal questions.

Mere presence or participation

o

an attorney at an executive

session o the local public body is not sufficient to satisfy the

requirement

o

this subsection (4);

c. Matters required to be kept confidential by federal or state law or

rules and regulations. The local public body shall announce the

specific citation

o

the statutes or rules that are the basis for such

confidentiality before holding the executive session;

d. Specialized details

o

security arrangements or investigations,

including defenses against terrorism, both domestic and foreign,

and including where disclosure

o the matters discussed might

reveal information that could be used for the purpose

o

committing, or avoiding prosecutions for, a violation o the law;

e. Determining positions relative to matters that may be subject to

negotiations; developing strategy for negotiations; and instructing

negotiators;

f.

(I) Personnel matters except i the employee who is the subject

o

the session has requested an open meeting, or

i

the

personnel matter involves more than one employee, all

o

the employees have requested an open meeting.

42


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(II) The provisions o subparagraph

(I)

o this paragraph (f)

shall not apply to discussions concerning any member o

the local public body, any elected official, or the

appointment

o

a person to fill the office o a member

o

the local public body or an elected official, or to

discussions o personnel policies that do not require the

discussion o matters personal to particular employees.

g. Consideration o any documents protected by the mandatory

nondisclosure provisions o Part 2 o Article 72 o this title,

commonly known as the "Open Records Act"; except that all

consideration o documents or records that are work product

as

defined in section 24-72-202(6.5) or that are subject to the

governmental or deliberative process privilege shall occur in a

public meeting unless an executive session is otherwise allowed

pursuant to this subsection (4);

(6) The limitations imposed by subsections (3), (4), and (5) o this section do

not apply to matters which are covered by section 14 o Article V o the

state constitution.

(7) The secretary or clerk o each state public body or local public body shall

maintain a list

o

persons who, within the previous two years, have

requested notification o

all meetings or

o

meetings when certain

specified policies will be discussed and shall provide reasonable advance

notification o such meetings; provided, however, that unintentional

failure to provide such advance notice will not nullify actions taken at an

otherwise properly published meeting. The provisions o this subsection

(7) shall not apply to the day-to-day oversight o property or supervision

o employees by county commissioners,

as

provided in paragraph (f) o

subsection (2) o this section.

(8) No resolution, rule, regulation, ordinance, or formal action o a ... local

public body shall be valid unless taken or made at a meeting that meets the

requirements o subsection (2) o this section.

(9) In any action inwhich the court finds a violation o this section, the court

shall award the citizen prevailing in such action costs and reasonable

attorney fees.

In

the event the court does not find a violation o this

section, it shall award costs and reasonable attorney fees to the prevailing

party

i

the court finds that the action was frivolous, vexatious, or

groundless.

In the event o any inconsistency or conflict between Appendix to Board o County

Commissioners' Rules, which is attached to Resolution No. 05-244, and this Amended

Appendix, the latter shall in all respects govern and supersede the former except as

specifically provided otherwise by formal Board action.

el paso county 2016 code of ethics

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