Ordinance amends Municipal Ethics Commission membership structure in Cañon City.

A BILL FOR ORDINANCE NO. 6, SERIES OF 2026 AN ORDINANCE OF THE CITY OF CA¥ON CITY AMENDING SECTION 2.73.050 OF THE CA¥ON CITY MUNICIPAL CODE CONCERNING MEMBERSHIP OF MUNICIPAL ETHICS COMMISSION WHEREAS, the City previously established a Municipal Ethics Commission to hear complaints and investigate alleged violation of the City's regulations concerning prohibited gifts to City officials and officers; WHEREAS, the Municipal Ethics Commission is currently composed of two members appointed by Council and the City Attorney; and WHEREAS, the City Council has determined that the City Attorney is better positioned to serve as a legal advisor to the Municipal Ethics Commission, rather than a voting member, and desires to revise the Commission's structure accordingly to promote clarity of roles, independence, and effective administration. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF CA¥ON CITY: Section 1. Section 2.73.050 of the Ca¤on City Municipal Code is amended to read as follows: A. There is hereby created a Municipal Ethics Commission to be composed of five (5) members. The purposes of the Commission shall be: to receive and review complaints; to investigate alleged violations of Section 2.73.020; to dismiss frivolous or unfounded complaints; to propose and effectuate settlements with respect to complaints that appear to be valid in appropriate cases; and to recommend the instigation of Municipal Court proceedings in appropriate circumstances. The Commission also may issue advisory opinions on ethics issues and questions arising under this chapter and may establish a local repository for disclosure statements voluntarily filed by City officials respecting permitted gifts received by them, their spouses and/or their dependent children. B. The Commission shall have authority to adopt reasonable rules that are not inconsistent with the provisions of this section which may be necessary for purposes of administering and enforcing the provisions of this section. C. City Council shall do those things necessary to provide staff assistance and the funding necessary to allow the Commission to carry out its duties pursuant to this section. Members of the Commission shall receive no compensation for their services on the Commission but may have their reasonable expenses paid or be reimbursed by the City. D. Membership on the Commission shall be established as follows: 1. The City Council shall appoint five (5) members of the Commission at a regular or special meeting of City Council. 2. The five (5) members shall be residents of the City and shall not be City officials, employees, or current contractors. 3. Public notice of the availability of positions on the Commission shall be given prior to City Council's selection and appointment of Commission members from among the several applicants. At least three members shall have experience in law, ethics, investigations, or public administration. E. The terms of the members of the Commission shall be two (2) years, except that two (2) such members initially shall be appointed to a one-year terms to achieve staggered terms. F. If a member is appointed to fill an unexpired term, that member's term shall end at the same time as the term of the person being replaced was set to expire. G. Each member shall continue to serve until a successor has been appointed, except that if a member is unable or unwilling to continue to serve until a successor has been appointed, City Council shall fill the vacancy promptly. H. Any resident of the City may file a written complaint with the Commission alleging that a City official has violated Section 2.73.020 and stating the factual basis for such claim. All complaints must be submitted under oath or affirmation and shall include specific factual allegations supported by available evidence. All complaints shall be filed within twelve (12) months of the discovery of the alleged violation. Alleged violations which have occurred prior to twelve (12) months from discovery shall not be considered by the Commission. I. The Commission shall adhere to the procedure set forth in this Subsection I when dealing with any complaint filed pursuant to Subsection H. 1. The Commission shall first determine whether the complaint: a. states a violation within the Commission's jurisdiction; b. alleges facts that, if true, would constitute a violation; and c. is supported by credible evidence. 2. If a complaint does not satisfy the criteria in subsection H(1), above, the Commission must dismiss the complaint, without further investigation. 3. Except as provided in paragraph 2 of this Subsection I, the Commission may conduct an investigation with respect to complaints that satisfy the criteria set forth in paragraph 1. 4. Following any investigation, the Commission shall determine whether there is probable cause to believe a violation has occurred. If probable cause is not found, the complaint shall be dismissed. If probable cause is found, the Commission may refer the complaint to the City's Prosecutor with its recommendation that proceedings against the City official named in the complaint be initiated, as provided for in Section 2.73.040. The Prosecutor shall do what is necessary to instigate and prosecute such proceedings unless he or she believes in good faith that sufficient evidence to support a civil judgment authorized in Section 2.73.040(C) could not be presented in a Municipal Court proceeding. 5. If the Commission's decision is to refer the complaint, the Commission, prior to such referral, shall have the right, but not the obligation, to propose to the City official named in the complaint a settlement pursuant to Subsection J of this section under which a resolution penalty would be paid in lieu of the matter proceeding to Municipal Court. 6. Except as otherwise provided in this Section, all decisions of the Commission regarding a complaint that are required or permitted shall require a majority vote of the Commission, 7. A supermajority vote of at least four (4) members shall be required to: a. authorize a full investigation; b. find probable cause; and/or c. refer a matter for prosecution. 8. To the extent permitted by law, all complaints, investigations, and proceedings shall remain confidential unless and until the Commission makes a finding of probable cause. 9. It shall be unlawful for any person to knowingly file a false complaint. Any such violation shall be subject to Chapter 1.28. The City may seek restitution for costs, including attorney fees, incurred by the City as a result of the false complaint. =. 10. Any Commission member with a conflict of interest regarding a complaint filed with the Commission, under applicable law, shall disclose such conflict on the record and recuse themselves from participation. The remaining members shall determine whether a conflict exists if disputed. For any matter in which one or more members are recused, the number of members required to constitute a quorum and to satisfy any voting threshold set forth in this Section shall be calculated based on the number of members not recused, provided that no action shall be taken without the affirmative vote of at least three (3) members. 11. During their term, no Commission member shall enter into a contract with the City for any goods or services. Upon entering into a contract, the Commission member's position on the Commission shall be deemed vacant. J. Settlement offers. 1. The Commission may propose settlements with respect to alleged violations of Section 2.73.020 to the City official named in a complaint. Such proposals shall be made in writing and shall designate the amount of a proposed resolution penalty. Settlement proposals shall be accepted or rejected in writing by the City official within twenty (20) days following the date of the offer. A failure to respond shall be deemed a rejection. 2. The proposed resolution penalty shall represent the amount that the Commission believes, based upon its investigation, is equal to twice the value of a gift or thing of value improperly solicited or accepted by the City official (or, when applicable, the City official's spouse or dependent child). 3. If a resolution penalty is proposed, accepted and paid, the name of the City official, the essential details of the alleged violation and the amount of the resolution penalty paid by the City official shall be included in a summary report prepared by the Commission and filed with the City Clerk. Such summary report shall be a public record. 4. If a proposed settlement is not accepted or if an agreed-upon resolution penalty is not paid with thirty (30) days following the acceptance of a settlement offer, the matter will be referred to the Prosecutor, who shall make the ultimate decision regarding whether Municipal Court proceedings will be instigated. 5. The Prosecutor shall do what is necessary to instigate and prosecute such proceedings unless he or she believes in good faith that sufficient evidence to support a civil judgment authorized in Section 2.73.040(C) could not be presented in a Municipal Court proceeding. If the matter is referred, the fact that a settlement proposal was made shall be kept confidential and shall not be offered or admitted as evidence at trial. 6. Resolution penalties paid by City officials shall be deposited into the City's General Fund. K. During the course of its investigations, the Commission shall have the power to request copies of documents that are relevant to the allegations in a complaint, and to interview witnesses, including but not necessarily limited to the person who filed the complaint and the accused City official. L. Any City official may submit a written request to the Commission for an advisory opinion on whether any conduct by that person would constitute a violation of Section 2.73.020. The Commission may render an advisory opinion pursuant to written rules adopted by the Commission, but in any event shall respond to such request within fifteen (15) business days of its receipt. Any City official who acts in specific reliance upon an advisory opinion shall have the right to offer a copy of the opinion as a part of his or her defense in any trial of such City official conducted pursuant to the authority granted in Section 2.73.040(B). Unless otherwise provided in the Commission's rules, requests for advisory opinions shall be filed with the City Attorney. M. Any City official or employee who is the subject of a complaint shall have the right to: a. receive written notice of the complaint and supporting evidence; b. respond in writing prior to any finding of probable cause; c. be represented by counsel; d. present evidence and witnesses; e. request a hearing before any referral for prosecution; and f. to review and respond to any report or findings prior to public release. Section 2. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 3. Effective Date. Pursuant to Article XII, Section 3 and Section 5 of the Charter, this Ordinance shall be effective five (5) days after final publication if it is published after adoption or if not so published, five (5) days after its adoption. ________________________ Phil Lund, Mayor ATTESTATION & CERTIFICATION 04-20-26 Introduced, Read by title & Passed on first reading 04-25-26 Published 05-04-26 Passed and Adopted on second reading 05-07-26 Published 05-12-26 Effective _______________________________ Cindy Foster Owens, MMC, City Clerk City of Ca¤on City (Attest) Published: Canon City Daily Record May 7, 2026 - 2168194