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On April 23, 2024, the Longmont City Council voted to pass and adopt ordinance O-2024-28 enacting the City Council Code of Ethics that applies to members of the Longmont City Council and members of quasi-judicial City boards.

What Does the Code of Ethics Do

The Code of Ethics proscribes four categories of conduct:

  1. No Council member or quasi-judicial board or commission member (“local government official”) shall disclose or use confidential information obtained in the course of his or her official business in order to further his or her personal or financial interests;
  2. With respect to any matter regarding which a local government official has a conflict of interest, said person is prohibited from discussing with, or otherwise attempting in any capacity to influence, directly or indirectly, any City officer or employee, and from representing any person or interest before the respective public body or in dealing with any City officer or employee, subject to certain exceptions;
  3. No local government official shall request any consideration, treatment or advantage in the interpretation, administration or enforcement of the Charter, Code, any City regulation, policy or program or in the provision of public services, that is substantially different from that available to other persons similarly situated citizens in the same circumstances or having the same need; and
  4. No local government official that is a decision-making member of a current quasi-judicial proceeding who has participated or intends to participate as a member of the public is allowed to participate in that process in their role as a local government official.

How to File a Complaint

A Longmont citizen may initiate a complaint against a local government official through the online Ethics Complaint Form.

What Happens After A Complaint is Filed

The hearing officer retained by the City will first apply screening criteria to determine whether a complaint merits investigation and further action.  Such screening criteria include whether the complaint is frivolous, groundless, or brought for purposes of harassment; unlikely to be proven by the required standard of preponderance of the evidence; the person who is the subject of the complaint has admitted wrongdoing and made or committed to make sufficient redress or remedy satisfactory to City Council; and the matter has become or will become moot because the person who is the subject of the complaint is no longer a city official or will no longer be a city official prior to the conclusion of any consideration or investigation of the allegations in the complaint.

If the complaint passes the initial screening criteria, the hearing officer will have 45 days to make written recommendations to the City Council.  The 45 days may be extended if additional time is needed.  The matter will be set for consideration at a regular City Council meeting at which the complainant and subject of the complaint will have an opportunity to present facts and argument related to the complaint.  It is not required for the City Council to conduct a full public hearing and take public input on a complaint.  After consideration of facts and argument, City Council shall determine whether to adopt or modify the hearing officer’s written interpretation and/or recommendation as a final ethics opinion of the City Council.  Any Councilmember whose conduct or circumstance is the subject of the hearing officer’s recommendation shall refrain from participating in any deliberations of the City Council regarding the opinion.

If the City Council determines a violation of the Code of Ethics has occurred, the following sanctions may be imposed:

  • an oral or written reprimand;
  • monetary fine if the subject of the complaint has financially benefited;
  • censure as a formal official reprimand by the City Council;
  • prohibit the subject of the complaint from receiving future confidential information or attend executive session on a particular topic;
  • or suspend board and commission members or remove them in accordance with Charter Article VII.

File a Complaint

 

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