24-18-108.5. Rules of conduct for members of boards and commissions.

Statute 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.

(2) A member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which such member has a direct or substantial financial interest.

History

Source: L. 91: Entire section added, p. 837, 3, effective March 29.

Annotations

 

ANNOTATION

Annotations

Because this section applies only to an "official act", a member of the county planning commission may speak to the board of county commissioners as a member of the public because, in doing so, they would not be exercising the use of discretionary authority as a member of the planning commission. Indep. Ethics Comm'n Letter Ruling 22-02.

Similarly, close physical proximity of a county commissioner's property to a short-term rental, the regulation of which was a matter before the board of county commissioners, would not pose a disqualifying conflict of interest because it is unlikely to confer a "direct economic benefit" on a business in which the commissioner has a "direct or substantial financial interest" unless the commissioner has a direct or substantial financial interest in a business that directly benefits from short-term rentals. Indep. Ethics Comm'n Letter Ruling 22-02.

Annotations