§ 1-5. Rules of Conduct for Town Officials and Employees.
A. Proof beyond a reasonable doubt of commission of any act enumerated in this Section is proof that the actor has breached their fiduciary duty and the public trust. A Town official or employee shall not:
(1) Disclose or use confidential information acquired in the course of their official duties in order to further substantially their personal financial interests; or
(2) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value:
(a) Which would tend improperly to influence a reasonable person in their position to depart from the faithful and impartial discharge of their public duties; or
(b) Which they know or which a reasonable person in their position should know under the circumstances is primarily for the purpose of rewarding them for official action they have taken.
B. An economic benefit tantamount to a gift of substantial value includes without limitation:
(1) 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
(2) The acceptance by a Town official or employee of goods or services for their own personal benefit offered by a person who is at the same time providing goods or services to the Town under a contract or other means by which the person receives payment or other compensation from the Town, as applicable, for which the 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 official or employee does not receive any substantial benefit resulting from their 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 C.R.S. § 1-45-108;
(b) An unsolicited item of trivial value;
(b.5) A gift with a fair market value of sixty-five dollars ($65.00) or less that is given to the Town 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 Colorado Constitution;
(c.5) Unsolicited informational material, publications, or subscriptions related to the performance of official duties on the part of the Town 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 Colorado 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 Colorado Constitution;
(f) A gift given by an individual who is a relative or personal friend of the Town official or employee on a special occasion.
(g) Payment for speeches, appearances, or publications that may be accepted or received by Town official or employee in accordance with the provisions of Section 3 of Article XXIX of the Colorado Constitution that are reported pursuant to C.R.S. § 24-6-203(3)(d);
(h) Payment of salary from employment, including other government employment;
(i) A component of the compensation paid or other incentive given to the Town official or employee in the normal course of employment; and
(j) Any other gift or thing of value a Town official or employee is permitted to solicit, accept, or receive in accordance with the provisions of Section 3 of Article XXIX of the Colorado Constitution, the acceptance of which is not otherwise prohibited by law.
C. The provisions of this Section are distinct from and in addition to the reporting requirements of C.R.S. §§ 1-45-108 and 24-6-203, and do not relieve an incumbent in or elected candidate to public office from reporting an item described in subsection (B)(3) of this Section, if such reporting provisions apply.
D. The amount of the gift limit specified in paragraph (b.5) of subsection (B)(3) of this Section shall be identical to the amount of the gift limit under Section 3 of Article XXIX of the Colorado Constitution, which is adjusted for inflation from time to time by the Colorado Independent Ethics Commission. (Ord. No. 2022-06 §2 (Exh. A)).