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HomeMy WebLinkAboutstandard.conduct FIRST READING - ORDINANCE ADOPTING A STANDARD OF CONDUCT FOR MEMBERS OF THE BOARD, MEMBERS OF VOLUNTEER CITIZEN BOARDS, COUNTY HEARING OFFICERS AND CERTAIN COUNTY STAFF AGENDA ITEM SUMMARY REGULAR MEETING DATE: October 23, 2002 AGENDA ITEM TITLE: First Reading and Set for Public Hearing an Ordinance adopting a Standard of Conduct for the BOCC, Citizen Board Members, and Certain County Staff STAFF RESPONSIBLE: Debbie Quinn— DESCRIPTION OF ISSUE: The attached Ordinance and Standard of Conduct is the culmination of an effort commenced June 19, 2001, when Fred Rainguet, Associate Dean of the Graduate School of Public Affairs at the University of Colorado- Colorado Springs, presented an ethics and leadership discussion at a work session of the Board. At Board direction, staff and Section Leaders worked on language for a Standard of Conduct, and the BOCC and Section Leaders discussed a draft at the BOCC retreat in April of 2002. Thereafter, Commissioner Farris worked with Hilary Smith, Debbie Quinn, and Susan Murphy to develop the draft that was presented at work session on July 9. The Board then directed staff to circulate the draft to all citizen boards, for their review and comment. Some boards requested staff attendance, some had the draft circulated among members and others considered it as a group and took action on it. The feedback from the specific citizen boards (with their staff or other liaison indicated in parentheses) was as follows: ➢ Board of Adjustment (Joanna Schaffner): No problem. Already drafting by- laws. ➢ P & Z ( Lance Clarke): HFS and DQ met with them on 8/20; they recommended several clarifying changes and unanimously endorsed its adoption. ➢ Board of Appeals (Tony Fusaro): This Board has an equal number of city and county appointed members. No comments. FAB (Debe Nelson): distributed before 8/21 meeting, okay with it as drafted. ➢ Library Board (Kathy Chandler): considered 9/18, Bob Nix raised issues relating to conflicts between state law and Home Rule Charter, which he has already discussed with the County Attorney. Other members had no comments. ➢ Election Commission (Silvia Davis): distributed, no comments. ➢ RFTA (Phyllis Kenny): sent as information only, RFTA is not a citizen board; no comments. ➢ Housing Board (Cindy Christensen): distributed, no comments. Translator Board (Terri Newland): considered at 8/12 meeting and voted unanimously to endorse. ➢ Retirement Board (Tom Oken): only 2 of 5 members are BOCC appointed-no comments. ➢ Senior Board (Marty Ames): DQ attended 8/21 meeting-no problem with it overall, but comments included: who do citizen board members contact if they have a question about whether or not their anticipated conduct falls within the standard? Can we create a short reference list for citizen boards, since standard is too long to read? Can we send this to Congress? ➢ Basalt Regional Library Board (Jean Winkler): Board agreed at 8/12 meeting to respond individually. Jean Winkler supports, as it clarifies responsibilities and should build public confidence in government. No other comments. ➢ Redstone HPC (Suzannah Reid): The Redstone HPC supports the standard of conduct. ➢ Open Space &Trails (Dale Will): Suggested one minor language change, which has been incorporated. ➢ Weed Advisory Board (Miles Stott): DQ attended 9/12 meeting; very favorable comments, including that it was easy to read and understand. The Board voted unanimously to endorse. ➢ Conflict of Interest Board (no staff liaison): Nick McGrath circulated the draft in July, received no comments back. Based upon the feedback, certain non-substantive language changes were made in the final draft that is attached with the Ordinance. In addition, a clarifying sentence was added to Section 5 on communications, to emphasize the desire to avoid ex parte (meaning outside of a regular or special meeting) communications in connection with quasi-judicial matters, such as certain land use matters. Also, staff added county hearing officers as persons who are subject to the Standard. The Ordinance adopting the Standard of Conduct is attached. Recommended action: Approve on first reading and set for second reading and public hearing on November 6, 2002. Attachments: Ordinance Adopting a Standard of Conduct Exhibit A to Ordinance, the Standard of Conduct AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, OF PITKIN COUNTY, COLOR-ADO ADOPTING A STANDARD OF CONDUCT FOR MEMBERS OF THE BOARD, MEMBERS OF VOLUNTEER CITIZEN BOARDS, COUNTY HEARING OFFICERS AND CERTAIN COUNTY STAFF Ordinance# , 02 Recitals 1 The Board of County Commissioners of Pitkin County, Colorado ("BOCC") believes that citizens of the County are entitled to fair and ethical conduct from its public officials, and wishes to adopt a standard of conduct to apply to public officials, as a commitment to the citizens of the County to further develop public trust and confidence in public officials. 2. The Pitkin County Home Rule Charter provides that the BOCC appoints all members of all Citizen Boards, and members of such advisory boards as it deems necessary. The Charter further provides that members of any citizen board may be removed by the BOCC for violation of standards of conduct adopted by the BOCC through ordinance. 3. The County employs Hearing Officers to adjudicate certain issues, including, but not limited to, certain land use matters, violations of airport rules and regulations, assessment issues, and personnel matters. The BOCC wishes to adopt a standard of conduct applicable to these Hearing Officers. 3. The BOCC believes that as the elected leaders for the County, they should abide by the same standards of conduct as they expect from their citizen board members. In addition, certain County staff have leadership positions within the organization and the BOCC believes that the following staff members should also abide by the same standard of conduct expected of citizen board members: county manager, county attorney, assistant county manager, aviation director, community development director, human resources/risk management director, public works director, community relations/human services director, open space and trails director, finance director, county librarian, office/records manager, and administrative services director. Together, the BOCC, citizen board members, County Hearing Officers, and these County staff are collectively referred to as "Public Officials." 4. The BOCC has reviewed the Standard of Conduct attached as Exhibit A to this Ordinance, and desires that it apply to the Public Officials referenced above. 5. County citizen board members have had the opportunity to review and comment on the Standard of Conduct, as have the affected County staff members, the current County Hearing Officer, and the BOCC. Ordinance# 02 Page 3 6. The Home Rule Charter also provides that the BOCC may establish attendance policies for citizen boards or delegate that function to citizen boards. The BOCC finds that citizen boards have a variety of tasks and functions, and that each board should recommend its own attendance policy, through by-laws that are approved by the BOCC. The Standard of Conduct affirms this BOCC direction. 5. The BOCC believes it is in the best interest of the public and the County to adopt this Standard of Conduct. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that the Board adopts the Standard of Conduct attached as Exhibit A, applicable to those Public Officials identified above and in the Standards of Conduct. It is further ordained that attendance policies for each citizen board be included in each board's by-laws, and that such by-laws be submitted to the BOCC for approval no later than one year from the effective date of this Ordinance. This Ordinance and the attachment, Exhibit A, the Standard of Conduct, shall be available for public inspection during normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse Annex, 530 E. Main, Aspen, Colorado. INTRODUCED, FIRST READ, AND SET FOR SECOND READING AND PUBLIC HEARING, OCTOBER 23, 2002. PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY OF 2002. APPROVED AND ADOPTED UPON SECOND READING AND PUBLIC HEARING ON THE 6TH DAY OF NOVEMBER, 2002. PUBLISHED, AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE—DAY OF 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: By Jeanette Jones Date: Patti Kay-Clapper, Chair Date: Deputy Clerk & Recorder Ordinance# -02 Page 3 APPROVED AS TO FORM: MANAGER A TIPROVAL: John E Date: HilarylF. Smith ate: /D•(!,•vZ t orney County anager Exhibit A to Ordinance -02 STANDARD OF CONDUCT FOR PITKIN COUNTY PUBLIC OFFICIALS Applicability - The standards contained herein apply to the following: A. Board Members, which include: 1. Members elected to the Board of County Commissioners 2. Members appointed to Volunteer Citizen Boards by the Board of County Commissioners B. Section Leaders appointed by the County Manager C. The County Manager, the Open Space and Trails Director, and the County Attorney D. County Hearing Officers The term "Public Officials," when used in this document, refers to Section Leaders appointed by the County Manager, Board Members, the County Manager, the Open Space and Trails Director, the County Attorney, and County Hearing Officers. Preamble The citizens of Pitkin County are entitled to fair, ethical and accountable local government that earns the public's confidence in the integrity of Public Officials. In keeping with Pitkin County's commitment to the public trust, the effective functioning of democratic government therefore requires that: • Public Officials respect the laws and policies affecting the operations of government; • Public Officials be independent, impartial and fair in their judgment and actions; • Public office be used for the public good, not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. The primary responsibility of the members of the Board of County Commissioners is to establish the overall policies for the County and to exercise the powers, duties, and functions of the County in compliance with applicable law 1 and the Home Rule Charter, through action at regular and special meetings and other job-related duties and functions. The primary responsibility of the members of the various Citizen Boards is to_ exercise the duties and responsibilities vested in each board through formal action of that Citizen Board at regular and special meetings. The primary responsibility of County Section Leaders is to develop, communicate, and implement organizational policies, to recommend public and budgetary policies to the Board of County Commissioners and to implement policies of the Board of County Commissioners. The primary responsibility of County Hearing Officers is to provide contract services to the County to conduct judicial or quasi-judicial proceedings on various County matters. All Public Officials must understand, respect, and value the job, the organization, the employees, the citizens, and the common public interest. To this end, the Pitkin County Board of County Commissioners has adopted a Standard of Conduct for Public Officials to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Public Officials will work for the common good of all the people of Pitkin County, and will assure fair and equal treatment of all persons, claims and transactions coming before Pitkin County Boards. 2. Conduct of Public Officials The professional conduct of Public Officials must be of the highest standard. Public Officials shall be dedicated to the highest ideals of honor and integrity in order to merit the respect and confidence of the public. Public Officials shall comply with the laws of the United States, the State of Colorado and Pitkin County in the performance of their public duties. These laws include, but are not limited to: The United States and Colorado constitutions; the Pitkin County Home Rule Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open processes of government; and County ordinances and policies. 3. Respect for Process 2 �( Public Officials shall perform their duties in accordance with the processes and rules of order established by the County Commissioners governing the deliberation of public policy issues, with meaningful involvement of the public, and through implementation of policy decisions of the Board of County Commissioners by staff. 4. Conduct of Public Meetings Public Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Public Officials shall base their decisions on the merits and substance of the matter before them. 5. Communication Public Officials shall publicly share all information regarding a matter under consideration that they may have received from sources outside the public decision-making process. Board Members and County Hearing Officers involved in quasi-judicial land use decisions or other judicial or quasi-judicial decisions shall strive to avoid communications outside of the hearing or public meeting process on pending matters, and shall disclose any such communications at the public hearing or public meeting. 6. Conflict of Interest The following public officials are subject to the conflict of interest provisions in the Pitkin County Home Rule Charter: County Commissioners, County Manager, Assistant County Manager, Community Development Director, County Attorneys and the Open Space and Trails Director. For other Section Leaders not subject to the Home Rule Charter provisions and for Volunteer Citizen Board members and County Hearing Officers the following conflict of interest policy shall apply. 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. This policy is intended to prevent conflicts of interest without obstructing fair and speedy resolution of issues that come before the County. No Section Leader, Citizen Board Member, or County Hearing Officer shall vote or otherwise participate in a decision making process which affects any property, asset, or entity in which he/she has a known significant financial interest or in which any member of his/her family has a known significant financial interest. Family is defined as spouse, parent, brother, sister, grandparent, child, grandchild, step-child, step-parent, step-grandparent, mother-in-law, father-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law, or any individual who is a part of the Section 3 C/ Leader's, Citizen Board Member's, or County Hearing Officer's immediate household. Any Section Leader or Citizen Board Member otherwise barred from participating in a discussion pursuant to this section may, if requested by their respective Board or the County Manager, give information about the issue in which they have a financial interest. A County Hearing Officer may not hear a matter in which he/she or his/her family has a financial interest. This prohibition shall not prevent Section Leaders from performing their work for the County, so long as any financial interest held by a Section Leader is not in conflict with the common public interest, and is disclosed to the County Manager or, in the case of the County Manager, to the Board of County Commissioners. The County Manager has the discretion to direct a Section Leader to refrain from participation when a conflict exists. If an issue arises in which a Volunteer Board Member believes he/she may have a conflict of interest, he/she must divulge that potential conflict of interest to their respective board and the County Attorney for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before him/her, he/she will refrain from participation as a Board Member in the decision-making process or voting on that issue. A Board Member may vote on an issue notwithstanding the conflict only if his/her participation is necessary to obtain a quorum or otherwise enable the board to act. If an issue arises in which a Section Leader believes he/she may have a conflict of interest, he/she must divulge that potential conflict of interest to the County Manager for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before him/her, he/she will refrain from participation in the decision-making process or voting on that issue. If an issue arises in which a County Hearing Officer believes he/she may have a conflict of interest, he/she must divulge that potential conflict of interest to the County Attorney for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before him/her, he/she will be disqualified from acting as Hearing Officer on that matter. 7. Gifts and Favors Public Officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. Acceptance of nominal gifts in keeping with special occasions, meals and refreshments in the ordinary course of business, or social courtesies, which promote good public relations and encourage participation in community events, is permitted. 4 �c/ 8. Confidential Information Public officials have a duty and obligation to promote what should be public and a duty and obligation to protect what should be confidential. Public Officials shall respect that certain information concerning the property, personnel or affairs of the County is confidential. They shall neither disclose confidential information, nor use such information to advance their personal, financial or other private interests without prior authorization from their respective boards. 9. Use of Public Resources Public Officials shall not use public resources not available to the public in general, such as County staff time, equipment, supplies or facilities, for personal gain. 10. Representation of Private Interests In keeping with their role as stewards of the public interest, Board Members shall not appear before their own boards or before the Commissioners on behalf of the private interests of third parties on matters related to the areas of service of their boards. 11. Advocacy Board Members shall represent the official policies or positions of their Board to the best of their ability when designated as delegates for this purpose. 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. 12. Policy Role of Public Officials Public Officials shall respect and adhere to the Board-Manager structure of Pitkin County government as outlined by the Home Rule Charter. In this structure, the Board of County Commissioners determines the policies of the County with the advice, information and analysis provided by the public, boards and commissions, and County staff. 13. Independence of Boards and Hearing Officers Because of the value of the independent advice of Volunteer Citizen Boards and County Hearing Officers to the public decision-making process, members of 5 / /r/ Board of County Commissioners shall refrain from using their position to unduly influence the deliberations or outcomes of appointed board or hearing officer proceedings. 14. Positive Work Place Environment Public Officials shall support a positive and constructive work place environment for County employees and for citizens and businesses dealing with the County. Any single Board Member should not give direction to staff, but after a decision of the majority of the Board, the request can then be forwarded to the County Manager, or to the applicable staff liaison for Citizen Boards, to give staff direction. However, individual board members may seek information directly from staff, which will then be distributed to all board members. If a Board Member has a request that is of a magnitude that disrupts the normal workflow of a County employee, the request shall go through the County Manager. 15. Bylaws All Volunteer Citizen Boards shall adopt bylaws. These bylaws must be approved by ordinance by the Board of County Commissioners. 16. Absenteeism Members of the Board of County Commissioners shall make every effort to attend all scheduled meetings. If they are unable to attend any meeting they shall advise the County Manager. Each Volunteer Citizen Board shall recommend its own absenteeism policy and include this policy in its bylaws. All Citizen Board members shall comply with their respective Board's absenteeism policy. 17. Implementation The Pitkin County Standard of Conduct is intended to be self-enforcing and shall be included in the regular orientations for new board members, and newly elected and appointed officials and Section Leaders. In addition, the Standard of Conduct shall be reviewed by the Board of County Commissioners to consider recommendations and to update it as necessary. 18. Compliance and Enforcement The Pitkin County Standard of Conduct expresses standards of ethical conduct expected for members of the Pitkin County Commissioners, Volunteer Citizen Boards and Section Leaders. Public Officials themselves have the primary responsibility to assure that ethical standards are understood and met, and that 6 �� the public can continue to have full confidence in the integrity of government. The Chairs of Boards have the responsibility to intervene when actions that appear to be in violation of the Standard of Conduct are brought to their attention. The Board of County Commissioners may impose sanctions on Commissioners whose conduct does not comply with the County's ethical standards, such as reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. The Board of County Commissioners may impose sanctions, up to and including removal of members of Volunteer Citizen Boards and County Hearing Officers from office, for violation of this Standard of Conduct. Section Leaders may be subject to disciplinary action by their supervisor, up to and including termination of employment for violation of this Standard of Conduct. Except as provided in the Home Rule Charter, a violation of this Standard of Conduct shall not be considered a basis for challenging the validity of a County Commissioner, Volunteer Citizen Board, or County Hearing Officer decision, and shall not create any legal rights for a private citizen. This section on sanctions does not supercede the provisions on the Home Rule Charter, and in the event of any conflicts between this Standard of Conduct and the Home Rule Charter, the Home Rule Charter prevails. 13