Sec. 2-4-20. Definitions.
The following definitions shall apply to all sections of this Ethics Code except where explicitly provided to the contrary or when such application would be manifestly inconsistent with the plain intent of the Town Council:
Business means any corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.
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, herself or another.
Conflict of interest means a situation in which a Town official or employee (or anyone with whom the Town official or employee has a close personal or close business relationship) has a Personal or Financial interest in a matter involving the performance of official duties by a Town official or employee. A Town official or employee shall be deemed to have a conflict of interest if he or she (or anyone with whom the Town official or employee has a close personal or business relationship) would be adversely affected by or benefit from the performance of the official duty in a manner substantially different from the public generally. A conflict of interest shall only arise when a Personal interest or Financial interest is the origin of either: a Quasi-judicial matter; or a matter where the Town official or employee (or anyone with whom the Town official has a close personal or business relationship) would be adversely affected by or benefit from the performance of the official duty. A conflict of interest shall not arise as to any action or recommendation as to legislation of general applicability in which a Town official or employee shares the same personal or financial interest as the entire membership of a common class of citizens or residents of the Town, or owners of property in the Town, including by way of example only and not of limitation, the following classes: water, sewer and trash users; owners of property subject to general ad valorem taxes or property taxes or assessments; owners or tenants of property which is included in a residential-type zone district; and business licensees.
An economic benefit tantamount to a gift of substantial value includes a loan at a rate of interest substantially lower than the commercial rate then currently prevailing for similar loans, and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services. The following shall not be considered gifts of substantial value or economic benefits tantamount to a gift of substantial value for purposes of this Article:
(a) Campaign contribution reported, as required;
(b) An occasional nonmonetary gift, insignificant in value;
(c) A nonmonetary 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 official or employee is scheduled to participate;
(e) Reimbursement for or acceptance of an opportunity to participate in a social function, meeting or event on Town property, which is not extraordinary when viewed in light of the position held by such person; or
(f) Payment of salary from employment.
Employee means any temporary or permanent salaried employee of the Town, including those independent contractors who are subject to executive or legal privilege, and excluding the Municipal Judge. While Town employees are subject to the requirements stated herein, prosecution for violations of this Chapter shall be subject to the Town’s personnel policies.
Ex parte communication is a written or oral communication to a Town official which takes place without notice to, or opportunity to lawfully participate by, members of the entire governing body or any subcommittee thereof, and at a time and place other than a public hearing, public meeting or publicly noticed work session.
Financial interest means an interest held by an individual or by the individual’s spouse or dependent children which is:
(a) An ownership interest in a business;
(b) A creditor interest in a business;
(c) An employment relationship or a prospective employment relationship for which negotiations have begun;
(d) An ownership interest in real or personal property;
(e) A loan or any other debtor interest;
(f) A directorship or officership in a business;
(g) A close and continuing business relationship involving regular purchase or sale of goods, services or property not generally available to the public; or
(h) Ownership, or a leasehold interest in excess of three (3) years, of property within seventy five (75) feet of or which is contiguous, adjacent or diagonally adjoining to, property which is the subject of an application before the governing body.
Such distance shall be measured by excluding any intervening public rights-of-way or waterways.
Governing body means the Town Council, or any temporary or permanent Town board or commission, as the case may require.
Interested party means the applicant in a quasi-judicial matter; any person residing on or owning property within seventy five (75) feet of the property which is the subject of such matter or who resides on or owns property which is contiguous, adjacent or diagonally adjoining the subject property; any person who would be adversely affected by the performance of an official Town duty in a manner different from the public generally; or any person who has a financial interest in the performance of an official Town duty pending before the Town. Distance shall be measured without regard to public rights-of-way or waterways.
Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited partnership, association or any other legal entity.
Personal interest means close blood, family or marital relationship, or any other close personal relationship which imparts the appearance, to a reasonable person, of undue partiality or undue influence, or residency within seventy five (75) feet of property which is contiguous, adjacent or diagonally adjoining to property which is the subject of an application before the governing body. Such distance shall be measured by excluding any intervening public rights-of-way or waterways.
Quasi-judicial matters occur when the following factors exist: a) state or local law requires advance public notice of a public hearing before the governing body at which parties and interested citizens have an opportunity to be heard, present evidence and cross-examine others; and b) a state or local law that requires the governing body take official action by determining or applying competent facts of the case, as presented in the hearing, to certain criteria established by law. The following are identified, by way of example only, as quasi-judicial matters: development applications including site-specific rezonings, subdivision plats, planned unit developments, certificates of appropriateness (but excluding general rezonings or Land Use Code text amendments), appeals to or from the Planning and Zoning Commission or Historical and Architectural Review Commission, liquor license applications, appeals to the Board of Adjustment/Appeals, and certain termination and disciplinary matters.
Town means the Town of Telluride, County of San Miguel, State of Colorado; and the term includes the Town Council or its boards and commissions as the case may require.
Town official means any individual elected to any municipal office in the Town, or any individual appointed to serve on any board or commission of the Town. (Prior code 4.18.020; Ord. 1246 §1, 2006; Ord. 1288 §1, 2008; Ord. 1431, 2015)