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Draft version of city ethics code unveiled

Durango residents said councilors had conflict of interests

The city of Durango has released a draft version of the city’s ethics and conduct code, but accountability may be lacking in the initial attempt.

The draft document says part of the mission of the ethics guidelines is to assure government is conducted openly, so residents can make informed judgments and hold city officials accountable.

The code would cover all elected and appointed officers, officials, independent contractors, volunteers and former officers, employees, officials, independent contractors and volunteers for six months after termination as an elected or appointed official.

The city’s lack of a code of ethics was raised by residents during a controversial decision on vacation rentals. Durango City Councilor Keith Brant admitted last week to renting his primary residence in the city as a vacation rental last year, violating zoning rules. Brant and Councilor Christina Rinderle have faced criticism from some residents who have said their work in real estate or managing vacation rentals is a conflict of interest, and they should recuse themselves from votes on the issue.

Under the draft code, the Board of Ethics would include the city manager, city attorney and the presiding municipal judge and have the authority to accept an ethics complaint or start its own ethics investigation and to decide if someone is guilty of a violation. There’s little detail about how the board is accountable to the public and how board members would handle judging city staff with whom they may have a long working relationship.

The draft document doesn’t address what the public is allowed to know about a person accused and any alleged violations. It also doesn’t discuss whether the investigation or an ethics hearing is open under Colorado’s “sunshine laws.” It also says city officials can violate the code of conduct by sharing information to any person, including friends, spouses or city residents, that is not discussed in the open Durango City Council meetings.

The consequences can range in severity from a private warning to a penalty deemed appropriate by the city manager. The majority of the City Council can approve discipline for other elected officials and appointees to boards and commissions. Penalties can include remedial training, public warning, removal from position and public censure.

Penalties for appointed city officers, who comprise the Board of Ethics, would be referred to their professional organizations.

According to the charter, the City Council can remove the manager by a majority vote. The city attorney also serves by council approval. Consequences for ethics violations for employees, independent contractors and volunteers would be up to the city manager.

smueller@durangoherald.com

If you go

The city will host two public workshops on the draft-ethics policy at noon and from 4:30 p.m. to 5:30 p.m. July 28 in Council Chambers at City Hall, 949 East Second Avenue. The draft is available on the city’s website at www.durangogov.org/draftcode.



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