HomeMy WebLinkAboutDetermination 001-2008 7-2//7>/24 ric of yen- 2-DOr
DETERMINATION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY OF AN ALLEGATION OF CONFLICT OF INTEREST ON THE PART OF
COMMISSIONER DOROTHEA FARRIS
Recitals
1. On May 27, 2008, the Board of County Commissioners through its Chairman
received an allegation of a conflict of interest on the part of Dorothea Fan-is presented as
a"Complaint Petition".
2. Pursuant to Home Rule Charter 8.6.3 III C 1, the BOCC has placed this matter on
its next regularly scheduled meeting of May 28, 2008.
3. The entirety of the written allegation is incorporated by reference into this
determination of the BOCC and attached as Exhibit A.
4. The allegation of conflict of interest centers on Commissioner Fan-is' participation
in a meeting of the Crystal River Caucus which occurred on April 24, 2008, in Redstone.
The topic of discussion at this meeting involved a proposed management plan for the
Pitkin County Open Space parcel known as Filoha Meadows.
5. Particularly, the"Complaint Petition" alleges as follows:
"Commissioner Dorothea Faris used her official position as a Pitkin County
Commissioner to prosper a personal [sic] agenda concerning an issue that is
currently pending and proposed before the Crystal River Caucus and the Pitkin
County Board of County Commissioners (BOCC)".
Additionally, it is alleged that Commissioner Farris interacted with the Caucus
Board of Directors and participated in activities of the caucus.
Regarding a statement made by Commissioner Faris, the "Complaint Petition"
alleges that although Commissioner Fan-is stated she was presenting an opinion as
a "resident", not as a county commissioner, the reference was a "direct inference
to her position as county commissioner".
As a consequence, the "Complaint Petition" states that Commissioner Faris'
actions have "irrevocably compromised" her"objectivity and impartiality" and
"exuded a significant bias and the prejudice of the influence of her statements
cannot be denied."
6. Section 8.6 of the Home Rule Charter addresses conflicts of interest for county
policy makers, which includes county commissioners.
"A conflict of interest is a disparity between the private interests and the official
responsibilities of an individual in a position of trust in government."
Home Rule Charter § 8.6.1 I C
"No current County policy maker shall vote on or otherwise participate or attempt
to influence or communicate directly with any County staff member or other
elected or appointed County official on any pending or proposed matter in which
he/she has personal, financial, possessory, ownership or beneficial interest other
than the common public interest."
Home Rule Charter § 8.6.2 II A
" No current or former County policy maker shall appear in a representative
capacity before the Board of County Commissioners, the Board of Equalization or
the Planning and Zoning Commission for two (2) years following his/her
departure from office or employment concerning any application regarding any
specific piece of real property which was also the subject of any application
process in which the individual participated in during that individual's term of
office or appointment. No County policy maker shall appear as a representative
for any person and/or entity before the Board of County Commissioners, the
Board of Equalization or the Planning and Zoning Board, or any volunteer board
of Pitkin County whose members are appointed by the Board of County
Commissioners on any issue for one (1) year following his/her departure from
office or County employment."
Home Rule Charter § 8.6.2 II B
"No County policy maker shall vote or otherwise participate in a decision making
process which affects any entity in which he/she has a financial interest or which
any member of his/her family has a financial interest."
Home Rule Charter § 8.6.2 II C
In Consideration of the "Complaint Petition" and the controlling law of Pitkin
County concerning Conflicts of Interest, the Board of County Commissioners makes the
following determinations:
1. Commissioner Farris has no personal, financial, possessory,
ownership or beneficial interest in the matter of Filoha Meadows other than
the common public interest.
2. Commissioner Farris was clear that her participation in the Crystal River
Caucus meeting was of a personal nature and not on behalf of the BOCC.
3. Commissioner Farris did not appear before a volunteer board of Pitkin
County whose members are appointed by the BOCC.
4. Commissioner Fan-is did not appear in a representative capacity before any
County Board.
5. The ultimate disposition of the Filoha Meadows Management Plan will be
decided by an action of the Pitkin County Open Space and Trails Board pursuant
to Title 12 of Pitkin County Code. There is no appeal of this action to the BOCC
and given the parameters of the proposed elements of the management plan, it is
not anticipated that the BOCC will participate other than to make a
recommendation to the Open Space and Trails Board.
6. Should the matter of the Filoha Meadows Management Plan reach the
BOCC in a currently unanticipated matter, Commissioner Farris' comments
regarding the proposed Filoha Meadows Management Plan do not of themselves
constitute a conflict of interest.
7. "There is a presumption of integrity, honesty, and impartiality in favor of
those serving in a quasi-judicial capacity... an adjudicatory hearing will be held to
have been conducted impartially in the absence of a personal, financial, or official
stake in the decision evidencing a conflict of interest on the part of a decision
maker."
Mt. States TeL & TeL Co. v. PUC 763 P2d at 1028 (Colo. 1988)
Opinions expressed by commissioners regarding matters of public concern
do not evidence a bias that would prohibit participation in a public hearing to take
action based upon facts presented at such a hearing. Participation in public debate
and discussions with citizens does not rebut the presumption of integrity, honesty
and impartiality on the part of public officials.
Mt States Tel. & TeL Co v. PUC 763 P2d at 1020 (Colo. 1988)
8. Pitkin County citizens expect their public officials to be informed and
intelligent citizens. Presuming that County Commissioners must remove
themselves from a public dialogue on issues concerning our citizens would only
foster isolation of elected officials from the citizens they serve.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the Board of County
Commissioners finds there is no basis for a Conflict of Interest on the part of Commissioner
Farris and that there has been no basis for a conclusion that a conflict of interest exists on the part
of Commissioner Farris for her actions related to the May 27, 2008 "Complaint Petition".
•
DATED THIS 28th DAY OF MAY, 2008.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
- 4 /AL I / 711,f4
Jea •tte Jones Jack,:tfield, Chairma
De t ty Clerk /
Date: V7/0
APPROVED AS TO FORM: MANAGER APPROVAL:
la( \‘,1•E/tIr
Joh,M. Ely Hilary Flet r
Coun • • ttorney County M ger
I/reso/determination of the bocc conflict of interestdoc
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May 27, 2008
•
COMPLAINT
PETITION
RE: Dorothea Farris, Pitkin County Commissioner
Violation of: Home Rule Charter
Violation of: County Code, Title 2 Administration and Personnel
Violation of: Pitkin County Governance Policies
Violation of: Standard of Conduct for Pitkin County Public Officials
POLICY:
HOME RULE CHARTER
Adopted by Election March 21, 1978
Includes 1978 thru 2002 Amendments
ARTICLE: Article VIII MISCELLANEOUS
SECTION: 8.6 Conflicts of Interest
SUBSECTION(s): 8.6.1 I. Policy, Paragraphs A, B, & C
8.6.2 II. Prohibition of Conduct Paragraphs A & E
8.6.3 III. Determination of Violation Paragraph B
"Allegation of Conflict"
COUNTY CODE TITLE 2 ADMINISTRATION AND PERSONNEL
CHAPTER: 2.04 Board of County commissioners
CHAPTER: 2.10 Standard of Conduct for Public Officials
SECTIONS: 2.10.020 Preamble A, B, & C
2.10.030 Act in the Public Interest
2.10.040 Conduct of Public Officials
2.10.060 Conduct of Public Meetings
2.10.080 Conflict of Interest
2.10.130 Advocacy
2.10.150 Independence of Boards and Hearing Officers
PITKIN COUNTY GOVERNANCE POLICIES ADOPTED BY RESOLUTION 173-04
SECTION: 2.11 Standard of Conduct
STANDARD OF CONDUCT FOR PITKIN COUNTY PUBLIC OFFICIALS
Ordinance: 28-02
Ordinance: 002-2005
Ordinance: 044-2005
Ex,\,;,, k-\--
c
Complaint Petition May 27, 2008
FACTS: •
On April 24, 2008, a Special Meeting of "The Crystal River Caucus" was called to order by the
"Chair" Tom McBrayer at 7:14 p.m. at the Church at Redstone. The meeting was called as an
official meeting of the Crystal River Caucus for the purpose of allowing Pitkin County Open
Space & Trails' (OST) and others to make formal presentations to the Caucus concerning
OST's Filoha Meadows Land Management Plan and to address other issues pending before the
Caucus.
In attendance at this meeting was the Board of Directors of the Crystal River Caucus,
Commissioner Dorothea Farris, and Bill Hanks Crystal River Caucus Wildlife Task Force
Coordinator, members of the Crystal River Caucus, non-members of the Crystal River Caucus
and additional invited quests that included:
Dale Will — Pitco OS&T
Gary Tennenbaum— Pitco OS&T
Tom Newland-. Newland Resources
Steve Zelaznik— KDNK Radio
Casual Guests:.9
At the onset of the meeting notices were announced. Commissioner Dorothea Farris requested
the floor and was recognized by the "Chair" as Commissioner Farris. It was understood by all
present that Commissioner Farris was conducting herself in the capacity of that of a "County
Commissioner"
Commissioner Farris announced that Pitkin County had received a $25,000 grant from the
National Parks for Coke Oven restoration work.
Commissioner Farris then introduced Mr. George Newman, who chaired the Emma Caucus for
5 years, as a candidate for Pitkin County Commissioner for District 5, which includes the Crystal
River Caucus area.
With her recognition by the "Chair, her acknowledgment of the "Chair's" recognition of her, and
her subsequent statements, Commissioner Farris very clearly set the tenor that her appearance
before the Crystal River Caucus was that of"County Commissioner".
Well into the meeting a Caucus member, Mr. John Emerick, made a motion to introduce a
signed petition to the Crystal River Caucus which in language, called for restricted access to
Filoha Meadows to guided-only tours. The petition was signed by 426 individuals, 314 of whom
are residents of Pitkin County, mostly living in the "Crystal River Valley" Mr. Emerick asked that
the petition be endorsed and adopted by the Crystal River Caucus.
Mr. Emerick's motion received a 2nd and the motion was on the floor. Commissioner Farris
asked for the floor. Commissioner Farris was recognized by the "Chair". Commissioner Farris
stated, "I would like to make a comment in response to that and it has to do with the entire
issue"... "I find this somewhat premature to make this motion before everyone has a chance to
comment"... "I am commenting on this as a resident, not as a County Commissioner and as an
educator... "I am going to read it because obviously I am emotional about this"..., and then
Commissioner Farris began to read from a prepared statement.
The context of Commissioner Farris' prepared statement is not at issue in this complaint. The
credibility of the statement or the lack of is a matter to be determined in another forum.
2 6
Complaint Petition May 27, 2008
VIOLATIONS:
Public Officials should be independent, impartial and fair in their judgments and actions.
Recognizing that stewardship of the public trust must be their primary concern, public officials
will work for the common good of all the people of Pitkin County.
A "Conflict of Interest" is a disparity between the private interest and the official responsibilities
of an individual in a position of trust in government.
No current County policy maker shall vote or otherwise participate or attempt to influence or
communicate directly with any County staff member or other elected or appointed county official
on any pending or proposed matter in which he/she has a personal or beneficial interest other
than the common public interest.
When presenting their individual opinions and positions, board members shall explicitly state
they do not represent their body or Pitkin County nor will they allow the inference that they do.
Because of the value of independent advice of Volunteer Citizen Boards and County Hearing
Officers to the public decision-making process, members of the Board of County
Commissioners shall refrain form using their position to unduly influence the deliberations or
outcomes of appointed board or hearing officer proceedings.
SUMMARY:
CCommissioner Dorothea Farris used her official position as a Pitkin County Commissioner to
prosper a perrsonal agenda concerning an issue that is currently pending and proposed before
the Crystal River Caucus and the Pitkin County Board of County Commissioners (BOCC)]
Prior to reading her "prepared statement' on the issue of Filoha Meadows to the Crystal River
Caucus, Commissioner Farris participated in formal governmental activities interacting with the
Crystal River Caucus Board of Directors and caucus members on official matters before the
board, relating to common public interest/good, and her official duties and the as County
Commissioner.
Commissioner Farris being a reasonable and prudent individual should have at a minimum
reasonably known and believed that her stature as a County Commissioner in a position of trust,
her participation in formal County activities at a formal County function, and her actions relevant
to the presentation of her personal views could and would place undue influence upon members
of the Crystal River Caucus.
Commissioner Farris' statement, "I find this somewhat premature to make this motion (referring
to Mr. Emerick's motion) before everyone has a chance to comment", attached the significant
influence of a County Commissioner's import and authority to give the affect as to impeach a
standing motion that was on the floor of a caucus. This action was well beyond the scope of her
official responsibilities, and conduct. Commissioner Farris compromised her dutiful requirement
to be independent, impartial, and fair in her judgment and actions.
Commissioner Farris's statement, "I am commenting on this as a resident, not as a County
Commissioner and as an educator" was in fact a direct inference to her position as County
Commissioner. This statement was woefully inadequate to demonstrate and to explicitly state
3
Complaint Petition May 27, 2008
the level of recusal necessary to emancipate her from her recognized position as a County
Commissioner appearing at an officially sanctioned County function.
Commissioner Farris's prepared statement did not constitute a spontaneous utterance or
statement, but rater was a pre-conceived, (with considerable forethought and development),
well prepared, and comprehensive dialog in written document form stating her personal views
on the matter of Filoha Meadows.
Public officials are the stewards of the public trust and must present an unbiased and
unprejudiced position when they represent matters of government to their constituents in a
public forum in order to preserve the precept of the public good. Commissioner Farris'
emotional presentation of a personal position regardless of its sincerity exuded a significant bias
and the prejudice of the influence of her statements cannot be denied.
Commissioner Farris' statements on the issues of Filoha Meadows have had a very chilling
effect upon members of the Crystal River Caucus.
Commissioner Farris' objectivity and impartiality on all issues are necessary and required for the
preservation of the "Common Good" of her constituents. As demonstrated by her statements
related to Filoha Meadows, her objectivity and impartiality on this matter is irrevocably
compromised.
Commissioner Farris' prepared statement predicates a personal position that is openly in.
contradiction to the majority will of the. members of the Crystal River Caucus and has openly
violated the position of trust demanded of her by her position as a County Commissioner.
RESOLUTION:
Pursuant to the Home Rule Charter, Article VIII Miscellaneous, Section 8.6 "Conflict of Interest"
Subsection 8.6.3, a "Determination of Violation" must be exercised.
Upon receipt of the "Allegation of Conflict" by either the Board of County Commissioners or a
Conflict Committee, Commissioner Farris should voluntarily recuse herself from further
participation in matters involving Filoha Meadows so as to preclude any further perception of
personal biases, to prohibit further proliferation of personal views, to terminate the exercise of
undue influence, and to restore the position of trust in her that the citizens of Pitkin County are
entitled to.
In the event that Commissioner Farris declines to voluntarily recuse herself from all matters
involving Filoha Meadows during the period of the finding of fact by either the Board of County
Commissioners or a Conflict Committee, then the Board of County Commissioners in the
interest of the "Public Good" must preclude Commissioner Farris from involvement in all matters
concerning Filoha Meadows until such a time as the "Allegation of Conflict" is sustained or
dismissed.
The Board of County Commissioners may impose sanctions on Commissioners whose conduct
does not comply with the County's ethical standards. The signatories of this complaint are not
seeking retaliation, retribution, or punishment but rather rectification of the conduct that is the
foundation of this complaint.
4 f
Complaint Petition May 27, 2008
EVIDENTIARY MATERIALS:
Audiotape: Commissioner Farris' Prepared Statement (Available upon
Request)
News Paper Article: Aspen Daily News April 27, 2008, "To walk through nature", Staff
Writer Brent Gardner-Smith
Witnesses: Caucus meeting attendees.
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