(a) Definitions.
The following definitions apply to this
section:
Advisory
as used herein shall mean a body with advisory powers and
duties only.
The following entities are examples of primarily “advisory”:
(1)
Commission on Arts and Culture;
(2)
Parks and Recreation Advisory Board;
(5)
Visitor and Convention Bureau Board of Directors;
(6)
Other ad hoc committees.
Advisory groups shall also include those entities that normally
act through a City employee or other City group(s).
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Authoritative
as used herein shall refer to boards, commissions, committees,
groups and similar entities which have one or more of the following
powers, duties or opportunities:
(1)
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Spend money;
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(2)
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Adopt a budget;
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(3)
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Buy or sell property;
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(4)
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Act for or bind the City;
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(5)
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Sue and be sued;
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(6)
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Hire/fire and supervise employee(s);
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(7)
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Make land use decisions, including zoning and/or variances;
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(8)
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Issue and regulate City licenses, including the power to suspend
or revoke a right or privilege to do business within the City;
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(9)
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Make or recommend decisions affecting criminal defendants in
Municipal Court.
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The following entities are by virtue of their powers and functions
“authoritative” entities:
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(1)
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Building Code Board of Appeals;
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(2)
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Colorado State Leasing Authority;
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(3)
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Downtown Grand Junction Business Improvement District;
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(4)
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Grand Junction Downtown Development Authority;
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(5)
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Grand Junction Forestry Board;
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(6)
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Grand Junction Housing Authority;
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(7)
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Grand Junction Planning Commission;
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(8)
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Grand Junction Regional Airport Authority (for the three City
appointees);
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(9)
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Grand Junction Zoning Board of Appeals;
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(10)
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Historic Preservation Board;
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(11)
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Horizon Drive Association Business Improvement District;
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(12)
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Parks Improvement Advisory Board (for the City’s appointee);
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(13)
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Public Finance Corporation;
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(14)
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Riverview Technology Corporation;
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(15)
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Ridges Architectural Control Committee.
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Business associate(s)
as used herein shall mean a person who is (1) an owner of
10 percent or more of a firm, corporation, limited liability company,
partnership or other legal entity; and/or (2) an officer or director
of a corporation; a manager or general manager of a member of a limited
liability company; a partner of a partnership or a similar position
of authority in another entity.
Disclosure or disclose
shall mean to provide all pertinent information in writing
to each member of the respective board or groups, and to send a copy
to the Mayor and to the City Attorney.
Family member
means husband, wife, son, daughter, mother, father, stepson,
stepdaughter, stepmother, stepfather, grandmother, grandfather, grandchildren,
brother, sister, and domestic partner, and shall include any minor
children for whom the person or his or her domestic partner provides
day-to-day care and financial support. A domestic partner is an unmarried adult, unrelated by blood, with whom an unmarried
member has an exclusive committed relationship, maintains a mutual
residence and shares basic living expenses.
Member(s)
as used herein shall mean any person(s) appointed to a board,
commission, committee or similar group or entity by the City Council
or by one or more City officials.
(b) The
rules established by this section supplement state and other applicable
law, including but not limited to pertinent provisions of Article
18 of Title
24 of the Colorado Revised Statutes and Section
101 of the City Charter.
(c) Members
are encouraged to seek advisory opinions from the City Attorney regarding
ethics questions. The City Attorney will respond to requests for ethics
opinions within a time and in a form which is reasonable under the
circumstances. The City Attorney will deliver a copy of all disclosures
and/or inquiries along with any advisory opinion that is made available
to the public to the City Clerk who will keep a public record of all
such disclosures. Board members are encouraged to use these advisory
opinions as information resources.
(d) Authoritative
entities are subject to higher scrutiny than advisory entities because
of their decision-making functions. Members of authoritative entities
should strive to avoid not only actual impropriety, but situations
which create the appearance of impropriety. Members of authoritative
entities shall observe the following rules:
(1) With regard to the board or group on which the member serves, it
is not allowed for the member or family member or business associate
of the member to contract with or have a business relationship with
such member’s board or group.
(2) It is not allowed for a member to act or be involved in a decision
or situation in which it could be reasonably perceived that the member’s
personal or financial interests could influence the decision-making.
(3) Regarding the board or group on which a member serves, a member shall
not act, influence or be involved in a decision or situation in which
a family member or business associate is involved.
(4) Regarding the board or group on which the member serves, it is not
allowed for a family member or business associate to do business with
the board or group.
(5) Each member must disclose any conflict or situation which creates
an appearance of impropriety (including the potential of either) as
soon as possible.
(6) If a conflict exists, the member must remove him or herself from
further involvement in the decision or the process.
(7) If the situation creates an appearance of impropriety, the member
may remove him/herself or may seek the guidance of the other members
of the board or group.
(8) If either a conflict or the appearance thereof reasonably exists,
the member may not attempt to influence any decision-maker.
(e) Advisory
boards and members are not subject to the rules that apply to authoritative
boards or groups, except that a member of an advisory board or group
must as soon as possible disclose any conflict or situation which
creates the appearance of impropriety (including the potential of
either), and such member must abstain from participation in and/or
from exercising influence regarding the matter.
(f) No
conflict or impropriety exists for any member if the matter does not
involve the board or group on which the member serves.
(Res. 46-13 § 1, 7-3-13; Res. 79-06 §§ 1 –
6, 7-5-06)
The following oath or affirmation shall be completed by each
new City-appointed member of the City boards, committees and commissions.
Board or Commission Volunteer Oath or Affirmation
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I, ______________ , solemnly swear or affirm that I will support
the Constitution of the United States, the Constitution of the State
of Colorado, the Charter and Ordinances of the City of Grand Junction
and will faithfully perform, according to law the duties of ______________
(board or commission) for the City of Grand Junction, for which I
have volunteered and been appointed.
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I will fully, faithfully and lawfully perform those duties and
do swear or affirm that I will strive to serve the public and to protect
the health, safety and welfare of the people of the City of Grand
Junction.
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I acknowledge that my work for the City of Grand Junction is
purely voluntary. Notwithstanding that I may be compensated by the
Board, my duty shall be first and foremost to protect and advance
the best interests of the City.
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I acknowledge that any violation of this oath may result in
my being removed from the ______________ (board or commission).
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I do hereby waive, relinquish, release, discharge and hold harmless
the City of Grand Junction and its officer and employees from any
and all liability for any physical or mental injury or aggravation
of any pre-existing illness or handicap or any other harm or loss
of any nature whatsoever which may be sustained by me due to my volunteer
work with the City of Grand Junction.
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(Res. 117-07, 8-1-07)