Ordinance Number 210

An ordinance establishing a code of ethics for the Town officials and employees.

Now, therefore, be it ordained by the Board of Trustees of the Twon of Deer Trail, Colorado.

Section 1. Declaration of Purpose.

Those entrusted with positions in the government of the Town must commit to adhering to the letter and spirit of this Ordinance. Only when the people are confident that those in positions of public responsibility are committed to high levels of ethical and moral conduct, will they have faith that their government is acting for the good of the public. This faith in the motives of public officers and employees is critical for a harmonious and trusting relationship between these officers and the general public.
While it is critical that public officers and employees follow both the letter and the spirit of this Ordinance, it is equally important that they strive to avoid situations that may create public perceptions of violations of this Ordinance. Perceptions of such violations can have the same negative impacts of public trust as actual violations.
This Ordinance is intended to foster public trust by defining the parameters of honest government and by prohibiting the use of public office for private gain.
To the extent matters addressed in this Ordinance are also addressed in state or federal law, it is the intent of the Board of Trustees that the more restrictive provisions shall control.

Section 2. Definitions.

As used in this Ordinance, the following words shall have the following meanings:

Board or commission means any appointive board or commission established pursuant to state law or Town ordinance, or other appointive body or authority of the Town established pursuant to state law or Town ordinance.
Business entity means any of the following entities carried on for purposes of profit: business, sole proprietorship, firm, partnership, association, venture, trust, or corporation.
Contract means any arrangement or agreement pursuant to which any material, service, or other thing of value is to be furnished for a valuable consideration or is to be sold or transferred.
Interest means a pecuniary, property, or commercial benefit, or any other benefit the primary significance of which is economic gain or the avoidance of economic loss, but does not include any matter in which a similar benefit is conferred to all persons or property similarly situated nor does it include the ownership or control of shares of stock, or any beneficial interest in shares of stock, the aggregate amount of which constitutes one percent of less of the shares of stock of the business entity then outstanding. An interest of the following persons and entities shall be deemed to constitute an interest of the officer or employee for purpose of the requirements of Section 3 and 4 of this Ordinance:
- Any relative of the officer or employee; or
- Any business entity in which the officer or employee is an officer, director, employee, partner, or owner (other than stockholder); or
- Any business entity in which the officer or employee owns, or controls shares of stock, or any beneficial interest in shares of stock, the aggregate amount of which constitutes more than one percent of the shares of stock of the business entity then outstanding. For the purpose of this Ordinance, participation in a stock mutual fund shall not be considered an interest in any business entity in which the mutual fund owns, or controls shares of stock.
Official action means any legislative, administrative, or quasi-judicial act of any public officer or employee, of the Board of Trustees, or of any board or commission of the Town.
Public officer or officer means any person holding a position in the service of the Town by election, and any person holding a position as a member of any Town board or commission by appointment.
Relative means any person related to a public officer or employee by blood or marriage, in any of the following degrees: parents, spouse, children, brothers, sisters, parents-in-law, nephews, nieces, aunts, uncles, first cousins, grandparents, grandchildren, and children-in-law. A separation between spouses shall not be deemed to terminate relationships described herein.

Section 3. Code of Ethics.

The following requirements shall constitute a code of ethics establishing reasonable standards and guidelines for the ethical conduct of officers and employees.

A. No officer or employee who has the power or duty to perform, or has any influence over, an official action related to contract, shall:
- Have or acquire an interest in a contract between a business entity and the Town, unless the Town's procedures applicable to the solicitation and acceptance of such contract are followed and unless the officer or employee has complied with the provisions of Section 4 of this Ordinance.
- Have an interest in any business entity that is a party to a contract with the Town, unless the officer or employee has complied with the provisions of Section 4 of this Ordinance.
- Represent or appear before the Board of Trustees, any Town board or commission, or any other public officer or employee, on behalf of any business entity that is a party to a contract with the Town.
- Have solicited or accepted present or future employment with any business entity that is a party to a contract with the Town if the offer or acceptance of such employment is related to or results from any official action performed by the officer or employee with regard to the contract; or
- Solicit, accept, or be granted a present or future gift, favor, discount, service or thing of value from or for any person involved in a contract with the Town. Nothing in this Ordinance shall prohibit any officer or employee from accepting an occasional non-pecuniary gift of $15.00 or less in value, or from accepting an award, publicly presented, in recognition of public service. However, no officer or employee shall accept a non-pecuniary gift of any value if the gift is or may in any way be associated with a contract that is or may be one for which the officer or employee has the power or duty to perform an official action.
No officer or employee who has an interest in, or whose interest would be affected by, any proposed official action before the Board of Trustees, or any town board or commission of which the officer is a member, shall fail to follow the procedures of Section 4 of this Ordinance.
No officer or employee shall be directly responsible for the hiring, appointment, retention, or supervision of, or influence or attempt to influence the hiring, appointment, supervision, or retention by the Town of, any relative of the officer or employee.
No officer or employee shall influence or attempt to influence the compensation, benefits, or other terms and conditions of Town office or Town employment applicable to a relative of the office or employee.
No relative of an officer or employee shall be hired or appointed as an employee unless the Town's personnel procedures applicable to such employment or appointment have been followed.
No officer or employee shall use for personal or private gain, or for any other personal or private purposes, any information that is not available to the public and that is obtained by reason of his or her position with the Town or disclose any such information except as required by law or for Town purposes.
No employee shall engage in or accept any employment or service, other than employment by the Town, if such employment or service reasonably would tend to impair the employee's independence of judgment in the performance of the employee's duties. This restriction is in addition to any other restrictions on outside employment applicable to an employee and is not intended to authorize outside employment by any Town employee.
No employee shall be appointed to serve as a member of any Town board or commission.
No employee shall use his or her working time for the Town for personal or private purposes.
No officer or employee shall request, direct, or permit the personal or private use of any Town vehicle or Town equipment except in the same manner and under the same circumstance applicable to any person who is not an officer or employee, unless such use will substantially benefit the Town.
No officer or employee shall request, or grant to any person, any special consideration, treatment, or advantage beyond that which is available to every other person in similar circumstances or need.
No officer shall offer or promise to give his or her vote or influence in favor of or against any proposed official action in consideration or upon condition that any officer will promise or assent to give his vote or influence in favor of or against any other proposed official action.
No member of the Board of Trustees shall at any time within their term be a Town employee.

Section 4. Disclosure of Public Interest: Non-Participation in Discussion or Action.

A public officer who has an interest in, or whose interest would be affected by, any proposed official action before the Board of Trustees or a Town board or commission of which the officer is a member shall immediately and publicly disclose the nature and extent of the interest. The officer shall not participate in any discussion or decision concerning the proposed action.
No officer or employee shall attempt to influence publicly or privately any other officer or employee, the Board of Trustees, or any Town board or commission, with respect to any proposed official action in which the officer or employee has an interest.
No officer or employee who has an interest in any business entity shall participate in any discussion with or decision by, nor attempt to influence publicly or privately, the Board of Trustees, any Town board or commission, or any other officer or employee, on any proposed official action concerning a competitor of that business entity if the action would affect the interest of the competitor.

Section 5. Voiding of Contract.

Any contract that was the subject of any official action of the Town in which there was or is an interest prohibited by this Ordinance shall be voidable at the option of the Town, if legally permitted. Where the Town Attorney determines that the public interest may best be served by not voicing such contract, it may be enforced.

Section 6. Distribution.

The Town Clerk shall cause a copy of this Ordinance to be distributed to each officer and employee of the Town within 20 days after the enactment of this Ordinance, to each officer elected and each employee appointed or hired thereafter before entering into any duties with the Town, and to each candidate for elective office at the time the candidate obtains a nomination petition. In addition, the Town Clerk shall
cause a copy of any amendment to this Ordinance to be distributed to each officer and employee of the Town within 20 days after the enactment of the amendment.

Introduced, read, adopted, approved, and ordered published in full this 3rd day of April 2022.

Teresa Bradford, Mayor
Town of Deer Trail, Colorado

Attest: Patti K. Owens, Town Clerk

Note that this ordinance has since been repealed.