Docstoc

DENVER BOARD OF ETHICS - DOC

Document Sample
DENVER BOARD OF ETHICS - DOC Powered By Docstoc
					CITY AND COUNTY OF DENVER
BOARD MEMBERS
LORI MACK – CHAIR LESLIE M. LAWSON – VICE CHAIR ANN A.TERRY SAMUEL WILLIAMS EDGAR L. NEEL

JOHN W. HICKENLOOPER MAYOR

STAFF DIRECTOR
L. MICHAEL HENRY

DENVER BOARD OF ETHICS WEBB MUNICIPAL BUILDING 201 West Colfax, 2nd Floor - (2.H-13) Department 703 - (for U.S. Mail) Denver, CO 80202-5330 E-mail: michael.henry@denvergov.org Website: www.denvergov.org/ethics Phone: (720) 865-8412 Fax: (720) 865-8419

DENVER BOARD OF ETHICS MINUTES MEETING OF SEPTEMBER 27, 2007
Chair Lori Mack called the meeting to order at 1:35pm. Also present were Leslie Lawson, Edgar Neel and Ann Terry. Samuel Williams was absent. 1. It was moved, seconded and passed unanimously to approve the minutes of the August 23, 2007 Board of Ethics meeting. 2. Chair Lori Mack and Staff Director Michael Henry informed the Board of a training session for registered Denver lobbyists to be held on November 29, co-sponsored by the Board of Ethics, the City Attorney’s Office and the Clerk and Recorder’s Office. 3. Assistant City Attorney Christopher Lujan presented a draft of a proposed executive order regarding gifts to the city, which responded to a recommendation made by the Board of Ethics after two years of discussion. A comparison of the draft executive order and the Board of Ethics recommendation is attached below. Mr. Lujan indicated that the draft executive order was designed to be easy for city agencies to administer and to be similar to the disclosure requirements for gifts to individual city officers or employees. He said that he drafted a one-year sunset clause, which could be revisited, because it is not clear if there is a problem that needs to be addressed. He said that the administration wants to permit and not discourage anonymous gifts. 4. Professor Roy Wood of the University of Denver commented regarding the proposed executive order that anonymous gifts are not transparent to the public, $5000 is too high a threshold for the public disclosure of gifts to the city and that there should be a statement of purpose in the executive order indicating that the city’s purpose is to inspire public confidence, make the city’s dealings transparent to the public and avoid the appearance of impropriety. 5. Chantell Taylor, the director of Colorado Ethics Watch, commented that the threshold requirement of gifts that must be disclosed in the executive order should be lower; that anonymous gifts undermine the goal of public disclosure (but that allowing an independent body to grant waivers in appropriate cases would be a good compromise); that the reporting period should be quarterly rather than annually; that disclosure should be required of whether the donor has any contract or intention to contract with the city; that a website where gifts to the city are disclosed would be more transparent to the public than requiring members of the public to request

production of records through the Colorado Open Records Act; and that the executive order should be permanent, rather than sunsetted after one year, for the sake of consistency for potential donors. 6. Mr. Lujan responded to the above comments by saying that the administration does not want to lose gifts which might be given to the city and does not want to cause an undue impact on city employees. He said that the Executive Order Committee and the Mayor’s Office will consider the comments made at this meeting and any others from the public before finalizing the executive order. 7. City Councilwoman Carol Boigon, James Mejia and Pamela Harris discussed with the Board Councilwoman Boigon’s request, as a board member of the Denver Preschool Program, for an advisory opinion and/or waiver(s). The issue is whether Mr. Mejia or Ms. Harris, both city employees, could be hired as the executive director of the Denver Pre-school Program or whether either or both would be required by Section 2-64(a) of the Denver Code of Ethics to wait six months. Ms. Boigon, Mr. Mejia and Ms. Harris responded to questions from Board members. 8. Jay Connely, an employee at Denver International Airport, presented his request for an advisory opinion regarding outside employment and responded to questions from the Board. 9. Kimberly Watanabe, an employee of the Public Works Department, presented her request for an advisory opinion regarding a possible conflict of interest concerning her husband’s business and responded to questions from Board members. 10. David Ridenour, an employee of the Public Works Department, presented his request for an advisory opinion regarding a possible conflict of interest between his city job, if he were to be promoted to a management position, and his position as president of a union for city employees. He responded to questions from Board members. 11. Donald Bell, an employee of the Department of Environmental Health, presented his request for an advisory opinion regarding possible outside employment and possible conflict of interest if he were to run for elective office in another county. 12. The Board voted to go into executive session to deliberate on Cases 07-32 through 07-34, 07-36 and 07-38. 13. The Board then reconvened in public session to consider any comments that the Board wished to make to the City Attorney’s Office and the Mayor’s Office concerning the proposed executive order regarding gifts to the city. The Board decided that it would send written comments as follows: the reporting threshold of gifts to the city should be lower; anonymous gifts to the city should not be permitted unless approved by an independent body through a quick process; there should not be a one-year sunset for the executive order; that the disclosures of gifts to the city should be easily available to the public on a website and that disclosures (and website postings) should be required at least quarterly, rather than only once per year. 14. The meeting adjourned at 5:25pm Respectfully submitted, Michael Henry, Staff Director Approved by Board of Ethics on October 25, 2007

2

COMPARISON OF GIFTS TO THE CITY POLICY PROPOSED BY BOARD OF ETHICS And EXECUTIVE ORDER PROPOSED BY CITY ATTORNEY’S OFFICE September 26, 2007 TO: Board of Ethics

FROM: Michael Henry, Staff Director To assist in the discussion of this issue on September 27 at the Board of Ethics meeting, below is a comparison of the Proposed Policy re Gifts to the City dated December 14, 2006 approved by the Board of Ethics and the draft Executive Order sent to the Board of Ethics on August 18, 2007 by Assistant City Attorney Christopher Lujan. Type of Regulation Board of Ethics – ordinance City Attorney – executive order Reporting Period Board of Ethics – must be reported by agency within 15 days of receipt City Attorney – must be reported by agency once per year on January 31 Threshold Requiring Reporting Board of Ethics - $250 City Attorney - $5000 What Must Be Disclosed Board of Ethics - Disclosure should include 1) a description of the gift; 2) the intended use or purpose of the gift; 3) the amount or fair market value of each gift; 4) the name, corporate affiliation and address of the actual donor; 5) the name of the city employee, officer, official, department or agency that received the gift and 6) the date of the gift. City Attorney - The report shall include a description of the gift, the date it was given, the name of the donor, and the value of the gift. If the gift is given anonymously, the name of the donor should be left blank. Availability of Reports to Public Board of Ethics – reports shall be available for inspection by the public within 15 days after disclosure

3

City Attorney – no mention (Presumably, disclosures would be subject to Colorado Open Records Act.) Website Posting Board of Ethics – disclosures shall be posted on a website on a quarterly basis City Attorney – no website posting required Reports Made To Board of Ethics – Clerk and Recorder City Attorney – Controller Anonymous Gifts Board of Ethics – not allowed, unless a waiver is granted by Board of Ethics City Attorney – allowed Sunset Clause Board of Ethics – none City Attorney – executive order shall expire

4


				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:14
posted:12/28/2009
language:English
pages:4