§ 24-18-109 — Rules of conduct for local government officials and employees

Colorado § 24-18-109

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Standards of Conduct

Text

(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;

(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; or

(c) Accept goods or services for his or her own personal benefit offered by a
person who is at the same time providing goods or services to the local government
for which the official or employee serves, under a contract or other means by which
the person receives payment or other compensation from the local government,
unless the totality of the circumstances attendant to the acceptance of the goods
or services indicates that the transaction is legitimate, the terms are fair to both
parties, the transaction is supported by full and adequate consideration, and the
official or employee does not receive any substantial benefit resulting from his or
her official or governmental status that is unavailable to members of the public
generally.

(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.

(5) (a) Notwithstanding any other provision of this article 18, it is neither a
conflict of interest nor a breach of fiduciary duty or the public trust for a local
government official who is a member of the governing body of a local government
to serve on a board of directors of a nonprofit entity and, when serving on the
governing body, to vote on matters that may pertain to or benefit the nonprofit
entity.

(b) (I) Except as provided in subsection (5)(b)(II) of this section, a local
government official is not required to provide or file a disclosure or otherwise
comply with the requirements of subsection (3) of this section unless the local
government official has a financial interest in, or the local government official or an
immediate family member receives services from, the nonprofit entity independent
of the official's membership on the board of directors of the nonprofit entity.

(II) A local government official who serves on the board of directors of a
nonprofit entity shall publicly announce his or her relationship with the nonprofit
entity before voting on a matter that provides a direct and substantial economic
benefit to the nonprofit entity.

Legislative History

Source: L. 88: Entire article added, p. 903, � 1, effective July 1. L. 2012: (2)(c) added, (SB 12-146), ch. 93, p. 307, � 3, effective April 12. L. 2017: (5) added, (HB 17-1293), ch. 291, p. 1610, � 1, effective August 9.