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24-18-104. Rules of conduct for all public officers, members of the general assembly, local government officials, and employees

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. 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) 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; or

(b) The acceptance by a public officer, a member of the general assembly, a local government official, or an employee of 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 state or a local government under a contract or other means by which the person receives payment or other compensation from the state or local government, as applicable, for which the officer, member, official, or employee serves, 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 officer, member, 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) The following are not 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 unsolicited item of trivial value;

(b.5) A gift with a fair market value of fifty-three dollars or less that is given to the public officer, member of the general assembly, local government official, or employee by a person other than a professional lobbyist.

(c) An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution;

(c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the public officer, member of the general assembly, local government official, or employee;

(d) Payment of or reimbursement for reasonable expenses paid by a nonprofit organization or state and local government in connection with attendance at a convention, fact-finding mission or trip, or other meeting as permitted in accordance with the provisions of section 3 (3)(f) of article XXIX of the state constitution;

(e) Payment of or reimbursement for admission to, and the cost of food or beverages consumed at, a reception, meal, or meeting that may be accepted or received in accordance with the provisions of section 3 (3)(e) of article XXIX of the state constitution;

(f) A gift given by an individual who is a relative or personal friend of the public officer, member of the general assembly, local government official, or employee on a special occasion.

(g) Payment for speeches, appearances, or publications that may be accepted or received by the public officer, member of the general assembly, local government official, or employee in accordance with the provisions of section 3 of article XXIX of the state constitution that are reported pursuant to section 24-6-203 (3)(d);

(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;

(i) A component of the compensation paid or other incentive given to the public officer, member of the general assembly, local government official, or employee in the normal course of employment; and

(j) Any other gift or thing of value a public officer, member of the general assembly, local government official, or employee is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, the acceptance of which is not otherwise prohibited by law.

(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.

(5) The amount of the gift limit specified in paragraph (b.5) of subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.

History

History.
Source: L. 88: Entire article added, p. 901, 1, effective July 1. L. 92: (3)(g) and (3)(h) amended, p. 874, 103, effective January 1, 1993. L. 94: (3) amended and (4) added, p. 1827, 4, effective January 1, 1995. L. 2012: (2) amended, (SB 12-146), ch. 93, p. 306, 1, effective April 12; (3) amended and (5) added, (HB 12-1070), ch. 167, p. 584, 4, effective August 8.

Annotations

ANNOTATION

It is a violation of this section for a clerk and recorders office to accept a gift box from the Denver Broncos the motivation for which was likely to thank the office for providing individual players with private appointments for official services and with a private entrance policy not available to the general public. Indep. Ethics Commn Advisory Opinion 14-01.

Drivers license examiners would likely know that gifts from partner nonprofit organ procurement organization are given in return for official action taken, such as asking drivers license applicants for a monetary donation, designating an organ donor by putting a Y on the drivers license, or educating applicants who choose to be donors, and therefore would violate subsection (1)(b)(II). Indep. Ethics Commn Advisory Opinion 14-08.

Employment opportunities sought by compliance investigator in the financial unit of the marijuana enforcement division of the department of revenue present a potential conflict of interest and a potential violation of the public trust and could inhibit compliance investigators ability to carry out regulatory duties in an impartial manner for the benefit of the state. Indep. Ethics Commn Advisory Opinion 19-05.

There is no conflict or appearance of impropriety created by the president of History Colorado paying fair market value from his personal funds to fly on the personal plane of one of History Colorados largest donors to participate in a trip to Washington, D.C. Indep. Ethics Commn Advisory Opinion 13-09.