Board Of Ethics Annual Report 2015 - Denver
Denver Board Of EthicsWebb Municipal Building201 West Colfax, 2nd Floor - (2.H-13)Department 703 (for U.S. Mail)Denver, CO 80202-5330p: 720.865.8412f: 720.865.8419Email: sDENVER BOARD OF ETHICSI.INTRODUCTION2015 ANNUAL REPORTSubmitted: February 15, 2016The Denver Board of Ethics hereby submits its fifteenth annual report to the Mayor and City Council, asrequired by Section 2-66 of the Denver Code of Ethics.The mission of the Board of Ethics is:To encourage and guide city officers, officials and employees to adhere to high levels of ethicalconduct so that the public will have confidence that persons in positions of public responsibilityare acting for the benefit of the public.Brief biographies of the 2015 members of the Denver Board of Ethics are given below in Appendix A.The Board expresses appreciation to all City elected officials, employees, board and commission membersand citizens who requested ethics advice or help in 2015.The Board held twelve monthly meetings in 2015. This report is a summary of the work accomplished bythe Board during that time.II. ADVISORY OPINIONS, WAIVERS, COMPLAINTSIn 2015 the Board received and handled a total of 44 written formal cases - as compared with: 35 cases in 2014 28 cases in 2013 62 in 2012 60 in 2011 61 in 2010 66 in 2009 73 in 2008 47 in 2007 46 in 2006Executive DirectorL. Michael HenryBoard MembersBrian J. Spano– ChairSylvia Smith – Vice ChairRoy V. WoodAndrew S. ArmatasJane Feldman
46 in 200548 in 200447 in 200350 in 200231 in 2001Twenty-four of the 2015 formal cases were requests for advisory opinions, while twenty were complaints.A digest of the Board’s 2015 opinions is printed below as Appendix B and is posted on the Board ofEthics website at www.denvergov.org/ethics.Between the passage of the new Denver Code of Ethics in January 2001 and December 31, 2015, theBoard of Ethics has received a total of 745 written formal cases, consisting of 414 requests for advisoryopinions and/or waivers and 331 complaints alleging possible violations of the Code of Ethics. The Boarddismissed all of the complaints that it considered in 2015 after preliminary screening, due to lack ofjurisdiction over the subject matters and/or lack of evidence of any violations of the Code of Ethics and/orthe minor nature of any violation.Most of the complaints were dismissed because the allegations related to subjects and/or persons notcovered by the Code of Ethics. Examples of such dismissed complaints alleged that police officers madeimproper arrests or searches or that deputy sheriffs used excessive force. In such cases, the Boardencourages the complaining parties to submit their complaints to the Internal Affairs Bureaus of the Policeor Sheriff Departments and/or the Office of Independent Monitor. Other dismissed complaints dealt withnon-city personnel or rude behavior by city personnel (not covered by the Denver Code of Ethics). Otherdismissed complaints did not present sufficient evidence of unethical conduct.The subjects of the requests for formal advisory opinions or waivers during the entire 2001-2015 periodbreak down as follows, with the 2015 cases in parentheses: conflicts of interest – 143 (13) gifts – 110 (4) travel expenses and lodging – 50 (1) outside employment or outside business activity– 110 (9) hiring of relatives – 8 (0) supervision of relatives – 24 (0) subsequent employment – 67 (4) use of public office for private gain – 17 (0) prior employment – 4 (0) use of confidential information or records - 9 (1) other or no jurisdiction – 256 (9)(Some requests involved more than one subject.)-2-
In addition to the written formal complaints and requests for advisory opinions and waivers, the Board’sExecutive Director in 2015 received approximately 225 telephone, e-mail or in-person requests forunofficial, informal consultation about the Code of Ethics or other ethics issues, as compared with: 249 in 2014223 in 2013275 in 2012309 in 2011249 in 2010260 in 2009277 in 2008277 in 2007254 in 2006266 in 2005249 in 2004192 in 2003130 in 200250 in 2001For a total of 3,481 since January 2001.The Board and its Executive Director take pride in responding to all requests or complaints as promptlyas possible, usually within one day for unofficial requests and within one month for official requests foradvice or complaints.III.ETHICS HANDBOOKThe 2008 edition of the Ethics Handbook was distributed to all city officers and employees and, for thefirst time, to all on-call city employees. In 2010, 2011 and 2012, the Ethics Handbook was distributed toall new city employees. In 2013 budget funding was obtained to print an updated handbook for newemployees, which includes new significant Board of Ethics decisions and amendments to the Code ofEthics made by City Council since 2008. The 2015 handbook can be found at www.denvergov.org/ethics.Permanent funding is now available since 2014 to print updated ethics handbooks for new city employees.IV.ETHICS TRAININGThe Board of Ethics believes that excellent, consistent ethics training is critically important to thesuccessful implementation of the citywide ethics program. All city employees, officers and officialsshould be trained to recognize ethical issues and to take appropriate steps to avoid unethical conduct.From 2002 through the end of November 2015 all new city employees and officers subject to the Code ofEthics received 3 hours of ethics training either in a classroom or one-on-one with the Board’s ExecutiveDirector. In 2006, with support from the Board of Ethics, the Career Service Authority Board amendedCareer Service Rule 6 to require that new CSA employees, including Deputy Sheriffs, must receive ethics-3-
training before they can pass their probationary period, which significantly increased compliance with theethics training requirement of section 2-65 of the Code of Ethics. In addition, new recruits in the Fire andPolice Departments receive ethics training from the Executive Director of the Board of Ethics.The Board’s Executive Director gave ethics training in 2015 to several new Mayoral appointees andelected officials and also gave refresher ethics training to staff at some departments and agencies. TheOffice of Human Resources continued to manage three-hour ethics training for new CSA employees, inwhich the Board’s Executive Director took part. In 2015, ethics training was given to approximately 1271(compared to 1270 in 2014) new city employees. Of those, 158 took the training online through a newCity University course in Ethics and Public Accountability, developed by the Board of Ethics and theTraining and Organizational Development Practice of the Office of Human Resources. For 2016 andfuture years, online training will be the primary method of ethics training for new employees.In 2014 the Board of Ethics and the Office of Human Resources began to consider whether and howrefresher ethics training can be provided to some or all city personnel at regular intervals. This discussionwill continue in 2016. Refresher ethics training is provided or required at a large percentage of private andgovernmental organizations. The current plan is to develop refresher ethics training to be required of allemployees at 3-year intervals, beginning in mid-2016.The Board expresses great appreciation to Janice Cornell of the Community Planning and DevelopmentDepartment, who served as the primary instructor for most of the CSA/OHR ethics training classes fornew employees for the last 12 years. In addition, the Board expresses its continued appreciation to theTraining and Organizational Development Practice of the Office of Human Resources and agency headswho have made this ethics training effort successful.V.OTHER MATTERSBUDGETThe adopted 2016 budget for the Board of Ethics is 129,721 as compared to: 125,300 for 2015 120,900 for 2014 111,700 for 2013 105,600 for 2012 104,100 for 2011 102,500 for 2010 105,800 for 2009 94,600 for 2008 97,600 for 2007 86,700 for 2006 86,000 for 2005 82,600 for 2004 96,000 for 2003 87,300 for 2002.-4-
STAFFMichael Henry, the Executive Director of the Board of Ethics, is the sole employee of the Board. TheBoard encourages citizens and city employees, officers and officials to contact him at 720-865-8412 ormichael.henry@denvergov.org.OTHER 2015 ACTIVITIESIn 2015 the Board continued to consider several improvements to the Denver Code of Ethics torecommend to City Council for approval. The last amendments to the Code were made in 2012. This effortwill continue in 2016.The Board’s Executive Director has quarterly meetings with the Mayor’s Chief of Staff, the City Attorneyand the Executive Director of the Office of Human Resources in order to maintain regular communicationwith city leadership.On April 24, 2015, the Board hosted a lunchtime Ethics Forum to which all city employees were invitedto discuss ethics issues.VI. 2016 GOALS FOR BOARD OF ETHICSA. Continue to implement and improve ethics trainingThe Board of Ethics, in cooperation with the Office of Human Resources, oversees the delivery ofethics training for all Denver officers, officials and employees. The Board will in 2016 continueto pursue this goal by encouraging accuracy, consistency and high quality of the ethics trainingwith cooperation from OHR and city departments. The Board will monitor the evaluations fromnew city employees who have taken the new online ethics training through City University andmake continuous improvements. The Board will continue to encourage city departments andagencies to devote time at staff meetings for refresher ethics discussions. As mentioned above, theBoard will also work with OHR to implement refresher ethics training for city personnel every 3years.B. Continue to receive, review and promptly decide requests for advisory opinions,requests for waivers and complaints alleging misconductC. Improve public information about Code of Ethicsa)b)Develop articles about Code/Board of Ethics to submit to city departmental newslettersand the city employee bulletins or newsletters.Organize and publicize at least one city-wide and/or departmental informationallunchtime or after-work discussion of ethics issues per year. Seek public comments atthe meetings and otherwise about ethics concerns of citizens.-5-
c)Study improved public information through social media (Facebook, Twitter, etc.) andthrough other ethics-related organizations.Make online digests of Board of Ethics opinions searchable by users.d)D. Improve implementation of Executive Order 134 regarding gifts to the citya)Work with City Clerk’s and Mayor’s Offices to ensure that gifts to the city over 2500 are reported by agencies and departments and are posted on a website by theCity Clerk pursuant to Executive Order 134.b)Work with City Clerk’s and Mayor’s offices to develop a uniform reporting formfor Executive Order 134.E. Analyze ethics-related responses to the 2015 Denver Employee Survey and work withOffice of Human Resources to assist departments and agencies if survey indicates needto improve ethical cultureF. Study Code of Ethics in light of the Board’s experience, research Codes of Ethics fromother jurisdictions and propose improvements to City Council, following collaborationwith other stakeholdersG. Improve communications about ethics issues with City Council, the Mayor’s Office andCity departmentsH. Work with the City Clerk’s Office on possible change to Financial Disclosure Ordinanceto transfer responsibility for receiving annual financial disclosures by City officers fromClerk and Recorder’s Office to Board of Ethics.VII. HOW THE BOARD OF ETHICS HELPS TO ACCOMPLISH THE CITY’S GOALSThe Mayor’s Vision: We will deliver a world-class City where everyone matters. The Board of Ethics works todevelop an ethical culture at all levels of Denver government for the benefit of City personneland citizens.The Hancock Administration’s City Goals are: Driving private-sector economic growth and job creation. Improving education and opportunities for all kids. Strengthening our safety net and public confidence in the police department.The goal of the Board of Ethics is to establish public confidence in all city departments and agencies.The Administration’s two core values to achieve these goals are: Improving sustainability. The Board minimizes use of paper communications.-6-
Improving customer service. The Board of Ethics and its Executive Director respond promptlyto all questions and complaints from the public and City personnel and encourage alldepartments and City personnel to act ethically for the benefit of the public.VIII. CONCLUSIONThe Board of Ethics believes that, with help from the Mayor, City Council, the City Attorney’s Office,the Office of Human Resources and the great majority of managers and employees of the City and Countyof Denver, it made continued progress in 2015 to establish ethics as a recognized core value and tocultivate public confidence in city government.Respectfully submitted on behalf of the Denver Board of Ethics,Brian J. SpanoChair-7-
APPENDIX ADenver Board of EthicsBoard Members as of December 2015Brian J. Spano earned his B.A. from the University of Michigan and his J.D. from the University of IllinoisCollege of Law. He has been with the law firm now known as Lewis, Roca Rothgerber since 1987 and specializesin insurance and commercial litigation matters. He was appointed by City Council to a term ending April 20, 2017.He was elected Vice-Chair of the Board of Ethics in May 2013 and in May 2014 and Chair in May 2015.Sylvia S. Smith has been employed with the City and County of Denver in a variety of capacities - from Directorof Policy and Research in the Auditor’s Office to her current position as a Program Specialist for the Denver Officeof Economic Development, where she manages neighborhood service and facility improvement projects, as well ascontracts. She holds a B. A. in Political Science from the University of Colorado at Denver. She has been active inmany organizations including the Colorado Black Women for Political Action, Single Mothers of Color, Inc.,National Council of Negro Women, Inc., Denver Section and Colorado Common Cause. She currently serves as aCommissioner for the Denver Asian-Pacific American Commission. Appointed by the Mayor and City Council toa term ending June 24, 2017, she was elected Vice-Chair of the Board in May 2015.Roy V. Wood earned his B.A, M.A. and Ph.D. from the University of Denver. He was a Professor and Dean of theSchool of Communications at Northwestern University from 1972 to 1988. In 1989 he became the first Provost ofthe University of Denver. In 2006 he chaired a blue-ribbon panel on ethics for the Colorado House ofRepresentatives. The Speaker of the Colorado House appointed him as a member of the first Colorado IndependentEthics Commission and he completed that term in June 2011. He taught classes at D.U. in communications ethicsand dialogue and directed dissertations, most of which concerned ethics in organizations and public service. Heretired from D.U. in mod-2015. Reappointed by the Mayor. Term expires 4-30-2019. He served as Vice-Chair ofthe Board of Ethics in 2012 - 2014.Andrew S. Armatas earned his. B. A. at the University of Colorado at Boulder and his. J. D. from the Universityof Denver. He served as a Denver Assistant City Attorney, a partner in a Denver law firm, City Attorney forBroomfield and a Denver County Court Judge, retiring in January 2013 after 23 years of service on the bench.During 7 of those years, he served as Presiding Judge of the Denver County Court. He was appointed by the Mayorto a term ending April 30, 2017.Jane T. Feldman was the Executive Director of the Colorado Independent Ethics Commission for nearly six years.Prior to that, she was a First Assistant Attorney General in the Natural Resources Section of the Colorado AttorneyGeneral’s Office, and an Assistant Attorney General in the Criminal Enforcement Section. She began her legalcareer in the New York County District Attorney’s Office in New York City. She is a magna cum laude graduateof the Benjamin N. Cardozo School of Law. She is an active member of the Colorado Bar Association, and servedas President of the Council on Government Ethics Laws (COGEL). She resigned from the Board of Ethics effectiveDecember 31, 2015, because she was hired to be the Executive Director for Ethics and Compliance for the Assemblyof the New York state legislature. Her successor will be named by City Council in early 2016.-8-
APPENDIX BDENVER BOARD OF ETHICSDIGEST OF SELECTED OPINIONSJanuary 1– December 31, 2015PLEASE NOTE: This is a selected set of summarized opinions given by the Denver Board of Ethics between January1 and December 31, 2015 in response to fact-specific requests for advisory opinions or complaints.These opinions should not be used as conclusive guidance for situations where the facts may differ. Please contactthe Board of Ethics to discuss any specific issues you may have.Case 15-1 (gifts)A former City Councilwoman requested an advisory opinion. She wished to host a reception for severaloutgoing City Council members and the outgoing Auditor following the municipal election. She is not acurrent City employee and, as a result, her conduct is not governed by the Denver Code of Ethics.However, she wished to know whether the honorees and other City personnel would violate the Code ofEthics by attending the reception.She advised the Board of Ethics that she would ask for sponsorship funds for the reception, includingrefreshments, program, invitations, awards, etc. from the Downtown Denver Partnership and Visit Denverand from others who would make in-kind contributions such as printing and photography. She indicatedthat the budgeted cost of the reception would be 10,000. Several hundred people will probably attend thereception in addition to the honorees, including City employees, family members of the honorees,lobbyists and representatives of businesses that do business with the City.There is no current City contract with Visit Denver or the Downtown Denver Partnership.Gifts to City personnel are regulated by Section 2-60 of the Code of Ethics:Sec. 2-60. Gifts to officers, officials, and employees.The purpose of this section is to avoid special influence by those who give gifts to city officers,employees or officials.(a)Except when acceptance is permitted by paragraph (b) below, it shall be aviolation of this code of ethics for any officers, officials, or employees, any member of theirimmediate families to solicit or to accept any of the following items if (1) the officer, official,or employee is in a position to take direct official action with regard to the donor; and (2) thecity has an existing, ongoing, or pending contract, business, or regulatory relationship withthe donor:(1)Any money, property, service, or thing of value that is given to a person withoutadequate and lawful compensation; (b)Officers, officials, and employees and the members of their immediate familymay accept the following even if the officer, official, or employee is in a position to take directofficial action with regard to the donor, or, if the donor is a lobbyist or representative, thedonor's client: (3)Nonpecuniary awards that are publicly presented by an organization inrecognition of public service if the award is not extraordinary when viewed inlight of the position held by the recipient;(4)The donation of meals, tickets to events for which admission is charged, or free-9-
or reduced price admission to events for which a fee is charged, but only underthe following conditions:a.No more than a total of four meals, tickets, or free or reduced price admissionsmay be accepted from the same donor in any calendar year, regardlessof the value;b.A donation from an employee of a business or entity shall be counted as a gift f
DENVER BOARD OF ETHICS . 2015 ANNUAL REPORT Submitted: February 15, 2016 . I. INTRODUCTION . The Denver Board of Ethics hereby submits its fifteenth annual report to the Mayor and City Council, as required by Section 2-66 of the Denver Code of Ethics
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