Rules and Regulations - Code of Ethics
RULES AND REGULATIONS OF
PUEBLO WEST METROPOLITAN DISTRICT
PUEBLO WEST, COLORADO
TITLE 3
A CODE OF ETHICS REGULATING THE CONDUCT
OF DIRECTORS, OFFICERS AND EMPLOYEES OF
THE PUEBLO WEST METROPOLITAN DISTRICT
Article 1. GENERAL PURPOSE.
3.1.1 The General Purpose of this Code of Ethics is to establish
guidelines of ethical standards of conduct for all officials and
employees of the District by setting forth those acts or actions
that are incompatible with the best interests of the District,
and by directing disclosure of such officials and employees of
private financial or other interests in matters affecting the
District.
Article 2. DEFINITIONS.
3.2.1 Business Entity. Any business, proprietorship, firm,
partnership, person in representative or fiduciary capacity,
association, venture, trust or corporation.
3.2.2 Interest. The direct or indirect pecuniary or material
benefit accruing to a public officer or employee as a result of
a contract or transaction which is or may be the subject of an
official act or action by or with the District except for such
contracts or transactions which by their terms and by the
substance of their provisions confer the opportunity and right to
realize the accrual of similar benefits to all other persons
and/or property similarly situated.
For the purpose of this Title, a public officer or employee
shall be deemed to have an interest in the affairs of:
a. Any person related to him by blood or marriage in
a degree closer than the second degree of consanguinity or
affinity (determined by the civil law method), and a divorce
or separation between spouses shall not be deemed to
terminate any such relationship;
b. Any person or business entity with whom a contractual
relationship exists with the public officer or employee;
c. Any business entity in which the public officer or
employee is an officer, director, or member having
a financial interest in, or employed by;
d. Any business entity in which the stock of, or legal or
beneficial ownership of, in excess of five percent (5%) of
the total stock or total legal and beneficial ownership, is controlled or owned directly or indirectly by the public
officer or employee.
3.2.3 Official Act or Action. Any legislative, administrative,
appointive or discretionary act of any officer or employee of the
District or any agency, board, committee or commission thereof.
3.2.4 Public Officer or Employee. Any person, officer or
employee holding a position by election, appointment or
employment in the service of the District, whether paid or
unpaid, including members of any board, committee or commission thereof.
Article 3. REQUIREMENTS.
3.3.1 General. The requirements herein set forth shall
constitute a code of ethics establishing reasonable standards and
guidelines for the ethical conduct of public officers and
employees of the District.
3.3.2 Interest in Contract or Transaction. No public officer or
employee having the power or duty to perform an official act or
action, related to a contract or transaction which is or may be
the subject of an official act or action of the District, shall
a. Have or thereafter acquire an interest in such contract
or transaction, or
b. Have an interest in any business entity representing,
advising or appearing on behalf of, whether paid or unpaid, any person involved in such contract or transaction, or
c. Have solicited or accepted present or future employment with a person or business entity involved in such contract
or transaction, or
d. Have solicited, accepted or granted a present or future
gift, favor, service or thing of value from or to a person involved in such contract or transaction, or
e. Have encouraged, made or accepted any expert or unilateral application or communication where
a determination is to be made after a public hearing and
such public employee fails to make the contents of the
communication a part of the record.
3.3.3 Exemptions. The prohibition against gifts or favors in
Article 3.3.2(d) of this title shall not apply to:
a. an occasional non-pecuniary gift, insignificant in
value, or
b. an award publicly presented in recognition of public
service, or
c. any gift which would have been offered or given to him
if he were not an official or employee.
3.3.4 Preacquisition Of Interest. No public officer or
employee, with respect to any contract or transaction which is or
may be the subject of an official act or action of the District,
shall acquire an interest in or affected by such contract or
transaction at a time when the public employee believes or has
reason to believe that it will directly or indirectly be affected
by an official act or action of the District.
3.3.5 Disclosure Of Information. No public officer or employee
with respect to any contract or transaction which is or may be
the subject of an official act or action of the District, shall,
without proper legal authorization, disclose confidential
information concerning the property, government or affairs of
the District, or use such information to advance the financial or
other private interest of himself or others.
3.3.6 Incompatible Service. No public officer or employee shall
engage in or accept private employment or render service, for
private interest, when such employment or service is incompatible
with the proper discharge of judgment or action in the
performance of his official duties, unless otherwise permitted by
law and unless disclosure is made as provided in this code.
3.3.7 Appearances. No public officer or employee shall appear
on behalf of any private person, other that himself, his spouse
or minor children, before any District agency or Board. However,
a member of the Board may appear before District agencies on
behalf of his constituents in the course of his duties as
a representative of the electorate or in the performance of
public or civic obligations.
3.3.8 Public Contracts. No public officer or employee, who in
his capacity as such officer or employee participates in the
making of a contract in which he has a private pecuniary
interest, direct or indirect, or performs in regard to that
contract some function requiring the exercise of discretion on
his part, shall enter into any contract with the District unless:
a. The contract is awarded through a process of public and
competitive bidding, or
b. The District's attorney or the Board of Directors waives
the requirement of this Section after determining that it is
in the best interest of the District to do so.
3.3.9 Special Treatment. No public officer or employee shall
grant any special consideration, treatment or advantage to any
citizen beyond that which is available to every other citizen.
3.3.10 Later Case Interest. No public officer or employee
shall, after the termination of service or employment with the
District, appear before any board, commission, committee or
agency of the District for a period of two (2) years, in relation
to any case, proceeding or application in which he personally
participated during the period of his service or employment, or
which was under his active consideration.
3.3.11 Employment of Elected Officials. No person occupying
a position as an elected official shall hold a paid District
position for a period of two (2) years subsequent to leaving
elected office.
Article 4. EXCEPTIONS
3.4.1 It shall not be deemed a violation of the standards of
this Title if the interest of a public officer or employee in
a person or business entity is a contractual obligation of less
than $500 which has not been preceded by any other obligation,
discharged or existing, between the parties, and which is not the
first in a series of two or more loans or debts which either of
the parties is under an obligation to make or incur.
3.4.2 A commercially reasonable loan made in the ordinary course
of business by an institution authorized by the laws of this
State to engage is the making of such loans shall not be deemed
to create an interest in violation of this Title.
3.4.3 A contract for a commercial retail sale, even though over
the value of $500, shall not be deemed to create an interest in
violation of this Title.
Article 5. DISCLOSURE OF INTEREST IN BOARD ACTION.
3.5.1 Any member of the Board who has a financial interest or
personal interest in any proposed action before the Board shall,
before any action is taken, disclose on the record of the Board
the nature and extent of such interest.
3.5.2 Any other official or employee who has a financial or
personal interest in any proposed Board action and who
participates in discussion with or gives an official opinion or
recommendation to the Board shall disclose on the record of the
Board and nature and extent of such interest.
Article 6. ENFORCEMENT.
3.6.1 The Board shall have the primary responsibility for the
enforcement of this Title. The Board shall have the power to
investigate any complaint, to initiate any suit, and to prosecute
any criminal or civil action on behalf of the District when
a majority of the Board determines that such action is
appropriate.
3.6.2 The Board may direct the District's attorney to
investigate any apparent violation of this Title or it may employ
or appoint any qualified attorney to investigate any violation or
series of violations by one or more persons of this Title.
3.6.3 Any person who believes that a violation of any portion of
this Title has occurred may file a complaint with the Board, who
may thereafter proceed as above provided. However, nothing in
this Title shall be construed to prevent complainants from
instituting direct legal action through the appropriate judicial
authority.
Article 7. ADVISORY OPINIONS.
3.7.1 Where any public officer or employee has a doubt as to the
applicability of any provision of this Title to a particular
situation, or as to the definition of terms used herein, he may
apply to the Board for an advisory direction and determination.
The officer or employee shall have the opportunity to present his
interpretation of the facts at issue and of the applicability of
provisions of this Title before such advisory determination is
made.
3.7.2 Such determination until amended or revoked shall be
binding on the District and the Board in any subsequent actions
concerning the public officer or employee who sought the opinion
and acted on it in good faith, unless material facts were omitted
or misstated in the request for the advisory determination. Such
advisory determination shall not be binding in any action
initiated by any private citizen.
Article 8. EXEMPTION, INJUNCTION.
3.8.1 The Board may exempt from the provisions of this Title any
conduct found to constitute a violation by a public officer or
employee, if it finds that the enforcement of this provision of
this Title with respect to such conduct is not necessarily in the
public interest.
3.8.2 Any contract or transaction which was the subject of
an official act or action of the District in which there is
an interest prohibited by this Title, or which involved the
violation of a provision of this Title, shall be voidable at the
option of the District.
3.8.3 The Board shall have the power, where a violation of the
provisions of this Title is threatened or has occurred, to bring
civil action or proceeding at law or in equity for a judgment
enjoining any violation of the provisions of this interest or the
voiding of any such contract or transactions, taking into account
the interest of the District and any third persons who may be
injured thereby. Where the Board determines that the public
interest may best be served by not voiding a contract or
transaction entered into in violation of the provisions of this
Title, such contract or transaction may be enforced and an action
or proceeding may be brought against any public officer or
employee found in violation of this Title for damages not to
exceed the damages suffered by the District or twice the profit
or gain realized by the public officer or employee, whichever is
greater.
Article 9. DISTRIBUTION OF CODE OF ETHICS.
3.9.1 The Secretary to the Board shall cause a copy of this
Title to be distributed to every public officer and employee of
the District within (30) days after enactment. Each public
officer and employee elected, appointed or engaged thereafter
shall be furnished a copy before entering upon the duties of his
office or employment.
Article 10. SEPARABILITY.
3.10.1 If any provision of this Title is found by a court of
competent jurisdiction to be invalid or unconstitutional, or if
the application of the provision of this Title to any person or
circumstances is found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the other
provisions or applications of this Title which can be given
effect without the invalid or unconstitutional provision or
application.
