C.R.S. Section 24-18-109
Rules of conduct for local government officials and employees

Mentioned in

Due Process, Ex Parte Contacts, Conflicts Of Interest, And Personal Liability

Colorado Department of Local Affairs, January 1, 2023

“Why are ex parte contacts before making a quasi-judicial decision improper? All parties are entitled to have the matter heard by an impartial person or body.”
 
Bibliographic info

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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.

Source: Section 24-18-109 — Rules of conduct for local government officials and employees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑18‑101
Legislative declaration 24‑18‑102
Definitions 24‑18‑103
Public trust - breach of fiduciary duty 24‑18‑104
Rules of conduct for all public officers, members of the general assembly, local government officials, and employees 24‑18‑105
Ethical principles for public officers, local government officials, and employees 24‑18‑106
Rules of conduct for members of the general assembly 24‑18‑107
Ethical principles for members of the general assembly 24‑18‑108
Rules of conduct for public officers and state employees 24‑18‑108.5
Rules of conduct for members of boards and commissions 24‑18‑109
Rules of conduct for local government officials and employees 24‑18‑110
Voluntary disclosure 24‑18‑112
Board of ethics for the executive branch - created - duties 24‑18‑113
Board of ethics for the general assembly - created - duties 24‑18‑201
Interests in contracts 24‑18‑202
Interest in sales or purchases 24‑18‑203
Voidable contracts 24‑18‑204
Dealings in warrants and other claims prohibited 24‑18‑205
Settlements to be withheld on affidavit 24‑18‑206
Penalty 24‑18‑301
Definitions 24‑18‑302
Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption 24‑18‑303
Use of facial recognition service - meaningful human review of certain decisions required 24‑18‑304
Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption 24‑18‑305
Use of facial recognition service - training of users required 24‑18‑306
Use of facial recognition service - record keeping required 24‑18‑307
Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants 24‑18‑308
Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants 24‑18‑309
Use of facial recognition service - applicability and exemptions
Green check means up to date. Up to date

Current through Fall 2024

§ 24-18-109’s source at colorado​.gov