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CODE OF ETHICS
24-18-101. Legislative declaration.
The general assembly recognizes the importance of the participation of the citizens of this state in all levels of government in the state. The general assembly further recognizes that, when citizens of this state obtain public office, conflicts may arise between the public duty of such a citizen and his or her private interest. The general assembly hereby declares that the prescription of some standards of conduct common to those citizens involved with government is beneficial to all residents of the state. The provisions of this part 1 recognize that some actions are conflicts per se between public duty and private interest while other actions may or may not pose such conflicts depending upon the surrounding circumstances.
24-18-102. Definitions.
As used in this part 1, unless the context otherwise requires:
(1) "Business" means any corporation, limited liability company, partnership,
sole proprietorship, trust or foundation, or other individual or organization
carrying on a business, whether or not operated for profit.
(2) "Compensation" means any money, thing of value, or economic benefit
conferred on or received by any person in return for services rendered or to
be rendered by himself or another.
(3) "Employee" means any temporary or permanent employee of a state
agency or any local government, except a member of the general assembly and
an employee under contract to the state.
(4) "Financial interest" means a substantial interest held by an individual
which is:
(a) An ownership interest in a business;
(b) A creditor interest in an insolvent business;
(c) An employment or a prospective employment for which negotiations have begun;
(d) An ownership interest in real or personal property;
(e) A loan or any other debtor interest; or
(f) A directorship or officership in a business.
(5) "Local government" means the government of any county, city and
county, city, town, special district, or school district.
(6) "Local government official" means an elected or appointed official
of a local government but does not include an employee of a local government.
(7) "Official act" or "official action" means any vote,
decision, recommendation, approval, disapproval, or other action, including
inaction, which involves the use of discretionary authority.
(8) "Public officer" means any elected officer, the head of a principal
department of the executive branch, and any other state officer. "Public
officer" does not include a member of the general assembly, a member of
the judiciary, any local government official, or any member of a board, commission,
council, or committee who receives no compensation other than a per diem allowance
or necessary and reasonable expenses.
(9) "State agency" means the state; the general assembly and its committees;
every executive department, board, commission, committee, bureau, and office;
every state institution of higher education, whether established by the state
constitution or by law, and every governing board thereof; and every independent
commission and other political subdivision of the state government except the
courts.
24-18-103. Public trust - breach of fiduciary duty.
(1) The holding of public office or employment is a public trust, created by
the confidence which the electorate reposes in the integrity of public officers,
members of the general assembly, local government officials, and employees.
A public officer, member of the general assembly, local government official,
or employee shall carry out his duties for the benefit of the people of the
state.
(2) A public officer, member of the general assembly, local government official,
or employee whose conduct departs from his fiduciary duty is liable to the people
of the state as a trustee of property and shall suffer such other liabilities
as a private fiduciary would suffer for abuse of his trust. The district attorney
of the district where the trust is violated may bring appropriate judicial proceedings
on behalf of the people. Any moneys collected in such actions shall be paid
to the general fund of the state or local government. Judicial proceedings pursuant
to this section shall be in addition to any criminal action which may be brought
against such public officer, member of the general assembly, local government
official, or employee.
24-18-104. Rules of conduct for all public officers, members of the general
assembly, local government officials, and employees.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public
trust. A public officer, a member of the general assembly, a local government
official, or an employee shall not:
(a) Disclose or use confidential information acquired in the course of his official
duties in order to further substantially his personal financial interests; or
(b) Accept a gift of substantial value or a substantial economic benefit tantamount
to a gift of substantial value:
(I) Which would tend improperly to influence a reasonable person in his position
to depart from the faithful and impartial discharge of his public duties; or
(II) Which he knows or which a reasonable person in his position should know
under the circumstances is primarily for the purpose of rewarding him for official
action he has taken.
(2) An economic benefit tantamount to a gift of substantial value includes without
limitation a loan at a rate of interest substantially lower than the commercial
rate then currently prevalent for similar loans and compensation received for
private services rendered at a rate substantially exceeding the fair market
value of such services.
(3) The following shall not be considered gifts of substantial value or gifts
of substantial economic benefit tantamount to gifts of substantial value for
purposes of this section:
(a) Campaign contributions and contributions in kind reported as required by
section 1-45-108, C.R.S.;
(b) An occasional nonpecuniary gift, insignificant in value;
(c) A nonpecuniary award publicly presented by a nonprofit organization in recognition
of public service;
(d) Payment of or reimbursement for actual and necessary expenditures for travel
and subsistence for attendance at a convention or other meeting at which such
public officer, member of the general assembly, local government official, or
employee is scheduled to participate;
(e) Reimbursement for or acceptance of an opportunity to participate in a social
function or meeting which is offered to such public officer, member of the general
assembly, local government official, or employee which is not extraordinary
when viewed in light of the position held by such public officer, member of
the general assembly, local government official, or employee;
(f) Items of perishable or nonpermanent value, including, but not limited to,
meals, lodging, travel expenses, or tickets to sporting, recreational, educational,
or cultural events;
(g) Payment for speeches, appearances, or publications reported pursuant to
section 24-6-203;
(h) Payment of salary from employment, including other government employment,
in addition to that earned from being a member of the general assembly or by
reason of service in other public office.
(4) The provisions of this section are distinct from and in addition to the
reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, and
do not relieve an incumbent in or elected candidate to public office from reporting
an item described in subsection (3) of this section, if such reporting provisions
apply.
24-18-105. Ethical principles for public officers, local government officials,
and employees.
(1) The principles in this section are intended as guides to conduct and do
not constitute violations as such of the public trust of office or employment
in state or local government.
(2) A public officer, a local government official, or an employee should not
acquire or hold an interest in any business or undertaking which he has reason
to believe may be directly and substantially affected to its economic benefit
by official action to be taken by an agency over which he has substantive authority.
(3) A public officer, a local government official, or an employee should not,
within six months following the termination of his office or employment, obtain
employment in which he will take direct advantage, unavailable to others, of
matters with which he was directly involved during his term of employment. These
matters include rules, other than rules of general application, which he actively
helped to formulate and applications, claims, or contested cases in the consideration
of which he was an active participant.
(4) A public officer, a local government official, or an employee should not
perform an official act directly and substantially affecting a business or other
undertaking to its economic detriment when he has a substantial financial interest
in a competing firm or undertaking.
24-18-106. Rules of conduct for members of the general assembly.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the member of the general assembly committing the act
has breached his fiduciary duty and the public trust. A member of the general
assembly shall not accept a fee, a contingent fee, or any other compensation,
except his official compensation provided by statute, for promoting or opposing
the passage of legislation.
(2) It shall not be a breach of fiduciary duty and the public trust for a member
of the general assembly to:
(a) Use state facilities or equipment to communicate or correspond with a member's
constituents, family members, or business associates; or
(b) Accept or receive a benefit as an indirect consequence of transacting state
business.
(3) Notwithstanding any other provision of law, no member of the general assembly
shall lobby, solicit lobbying business or contracts, or otherwise establish
a lobbying business or practice respecting issues before the general assembly
prior to the expiration of his or her term. Where the member tenders his or
her resignation prior to the expiration of his or her term, the requirements
of this subsection (3) shall apply up through the date of the member's resignation
from office.
24-18-107. Ethical principles for members of the general assembly.
(1) The principles in this section are intended only as guides to a member of
the general assembly in determining whether or not his conduct is ethical.
(2) A member of the general assembly who has a personal or private interest
in any measure or bill proposed or pending before the general assembly shall
disclose the fact to the house of which he is a member and shall not vote thereon.
In deciding whether or not he has such an interest, a member shall consider,
among other things, the following:
(a) Whether the interest impedes his independence of judgment;
(b) The effect of his participation on public confidence in the integrity of
the general assembly; and
(c) Whether his participation is likely to have any significant effect on the
disposition of the matter.
(3) An interest situation does not arise from legislation affecting the entire
membership of a class.
(4) If a member of the general assembly elects to disclose the interest, he
shall do so as provided in the rules of the house of representatives or the
senate, but in no case shall failure to disclose constitute a breach of the
public trust of legislative office.
24-18-108. Rules of conduct for public officers and state employees.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty.
(2) A public officer or a state employee shall not:
(a) Engage in a substantial financial transaction for his private business purposes
with a person whom he inspects, regulates, or supervises in the course of his
official duties;
(b) Assist any person for a fee or other compensation in obtaining any contract,
claim, license, or other economic benefit from his agency;
(c) Assist any person for a contingent fee in obtaining any contract, claim,
license, or other economic benefit from any state agency; or
(d) Perform an official act directly and substantially affecting to its economic
benefit a business or other undertaking in which he either has a substantial
financial interest or is engaged as counsel, consultant, representative, or
agent.
(3) A head of a principal department or a member of a quasi-judicial or rule-making
agency may perform an official act notwithstanding paragraph (d) of subsection
(2) of this section if his participation is necessary to the administration
of a statute and if he complies with the voluntary disclosure procedures under
section 24-18-110.
(4) Repealed.
24-18-108.5. Rules of conduct for members of boards and commissions.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty.
(2) A member of a board, commission, council, or committee who receives no compensation
other than a per diem allowance or necessary and reasonable expenses shall not
perform an official act which may have a direct economic benefit on a business
or other undertaking in which such member has a direct or substantial financial
interest.
24-18-109. Rules of conduct for local government officials and employees.
(1) Proof beyond a reasonable doubt of commission of any act enumerated in this
section is proof that the actor has breached his fiduciary duty and the public
trust.
(2) A local government official or local government employee shall not:
(a) Engage in a substantial financial transaction for his private business purposes
with a person whom he inspects or supervises in the course of his official duties;
or
(b) Perform an official act directly and substantially affecting to its economic
benefit a business or other undertaking in which he either has a substantial
financial interest or is engaged as counsel, consultant, representative, or
agent.
(3) (a) A member of the governing body of a local government who has a personal
or private interest in any matter proposed or pending before the governing body
shall disclose such interest to the governing body and shall not vote thereon
and shall refrain from attempting to influence the decisions of the other members
of the governing body in voting on the matter.
(b) A member of the governing body of a local government may vote notwithstanding
paragraph (a) of this subsection (3) if his participation is necessary to obtain
a quorum or otherwise enable the body to act and if he complies with the voluntary
disclosure procedures under section 24-18-110.
(4) It shall not be a breach of fiduciary duty and the public trust for a local
government official or local government employee to:
(a) Use local government facilities or equipment to communicate or correspond
with a member's constituents, family members, or business associates; or
(b) Accept or receive a benefit as an indirect consequence of transacting local
government business.
24-18-110. Voluntary disclosure.
A member of a board, commission, council, or committee who receives no compensation
other than a per diem allowance or necessary and reasonable expenses, a member
of the general assembly, a public officer, a local government official, or an
employee may, prior to acting in a manner which may impinge on his fiduciary
duty and the public trust, disclose the nature of his private interest. Members
of the general assembly shall make disclosure as provided in the rules of the
house of representatives and the senate, and all others shall make the disclosure
in writing to the secretary of state, listing the amount of his financial interest,
if any, the purpose and duration of his services rendered, if any, and the compensation
received for the services or such other information as is necessary to describe
his interest. If he then performs the official act involved, he shall state
for the record the fact and summary nature of the interest disclosed at the
time of performing the act. Such disclosure shall constitute an affirmative
defense to any civil or criminal action or any other sanction.
24-18-111. Powers of the secretary of state.
(1) The secretary of state may:
(a) Issue advisory opinions to persons subject to the provisions of this article
concerning issues relating to the requesting person's conduct and the provisions
of this article with such deletions as are necessary to protect the identity
of the requesting party or the party about whom the opinion is written;
(b) Keep and permit reasonable public access to voluntary disclosure statements;
(c) Make rules for the conduct of his affairs under this part 1.
(2) Any advisory opinion issued by the secretary of state shall take priority
over any comment issued by the board of ethics for the executive branch pursuant
to section 24-18-112 or any opinion issued by the board of ethics for the general
assembly pursuant to section 24-18-113 if the comment or the opinion covers
the same circumstances and the same issues as covered by the opinion of the
secretary of state and if the comment or the opinion reached a separate conclusion
from that reached by the opinion of the secretary of state.
24-18-112. Board of ethics for the executive branch - created - duties.
(1) There is hereby created a board of ethics for the executive branch of state
government in the office of the governor. The board shall consist of five members
to be appointed by and serve at the pleasure of the governor.
(2) The board of ethics for the executive branch shall:
(a) Comment, when requested by the governor, on each proposed gubernatorial
appointment, including the heads of the principal departments and the senior
members of the governor's office based upon the provisions of this article;
(b) Upon written request of the governor, review complaints of any violation
of the provisions of this article by a member of the executive branch of state
government;
(c) Make written recommendations to the governor concerning his requests; and
(d) Review appeals brought before the board of ethics pursuant to section 24-30-1003
(4).
24-18-113. Board of ethics for the general assembly - created - duties.
(1) There is hereby created a board of ethics for the general assembly. The
board shall consist of four legislative members. One member shall be appointed
by and serve at the pleasure of the majority leader of the house of representatives;
one member shall be appointed by and serve at the pleasure of the majority leader
of the senate; one member shall be appointed by and serve at the pleasure of
the minority leader of the house of representatives; and one member shall be
appointed by and serve at the pleasure of the minority leader of the senate.
(2) The board of ethics for the general assembly shall, upon written request
of a member of the general assembly, issue advisory opinions concerning issues
relating to the requesting member's conduct and the provisions of this article.
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