November 15, 2001

Board of Ethics
November 15, 2001



Chair Harry MacLean called the meeting to order at 8:55 am. Present were Board members Harry MacLean, Marcelina Rivera, Carolyn Lievers and Christopher Weimer. Charles Savage was absent and excused.

It was moved, seconded and passed to approve the minutes of the meetings of the Board of Ethics of September 28, 2001 and October 18, 2001.

Budget Discussion

Dean Pride, the analyst for the Board of Ethics from the Budget and management Office, discussed the budget for the Board of Ethics and the budget-development process. He indicated that the process to develop the 2003 budget will begin in March 2002. Christopher Weimer said that he would be glad to help in the budget development process.

Mr. Pride indicated that he will send to the Board of Ethics office monthly statements indicating the status of the budget, showing the debited expenditures. He said that the Auditor’s office should also send a similar statement. Harry MacLean said that he would like a written budget report to be submitted to the Board every month and that he wants to approve every expenditure by the Board’s staff director.

Christopher Weimer recommended that a petty cash account be set up.

Marcelina Rivera and Christopher Weimer moved and seconded that the Board Chair and the staff director must approve all expenditures. The motion passed unanimously.

Case 01-27

Captain John Weber of the Denver Police Department explained the facts underlying Case 01-27, a request for an advisory opinion from Chief Gerald Whitman and Captain Steve Allison.

Chair’s Report

Harry MacLean gave his monthly chair’s report. He requested Board members to give at least one week’s notice in order to add items to the agendas for the Board meetings. He indicated that a subcommittee of the Board has completed interviewing finalists for the position of staff director for the Board of Ethics and that the Board hopes to have the selection completed within two weeks.

Interim Director’s Report

Michael Henry gave his interim director’s report. He indicated that he will be attempting to enlist assistance from other City agencies to assist the Board of Ethics office with administrative functions such as payroll administration, purchase orders, vouchers, etc. This is needed due to the fact that the Board of Ethics has only 1 ¼ full time equivalent employees. He said that he will report the results at the next Board meeting

Discussion of Open Meetings

Assistant City Attorney Stan Sharoff reported that he has reviewed the City’s Open Meetings Ordinance (2-31 et seq. Denver Revised Municipal Code) and that no existing provision of the ordinance will permit a fact-finding discussion with an applicant for an advisory opinion to be conducted in executive session. The Board members concurred and reached a consensus that if a City Officer, official or employee wishes to or is asked to address the Board during a meeting, that will need to occur during the open session of the Board meeting. Deliberation by the Board will be conducted in executive session.

Ethics Handbook and Ethics Training Update

Marcelina Rivera reported that the drafting of the Ethics Handbook has been completed and the draft has been reviewed by the members of the Ethics Training Oversight Task Force. The handbook will be typed with graphics by Central Services. Marcelina Rivera, Harry MacLean and Michael Henry will proofread the next draft.

Christopher Weimer recommended that City supervisors might be asked to help with the distribution of the handbook to employees. Michael Henry indicated that the distribution plan has not been finalized yet.

Marcelina Rivera said that the Ethics Training Oversight Task Force met on October 25, 2001 and is giving helpful comments on all aspects of the training. The next meeting is scheduled for November 20.

Executive Session

Christopher Weimer moved and Carolyn Lievers seconded to go into executive session to deliberate on two requests for advisory opinions (Cases 01-26 and 01-27) and to discuss a personnel matter. The motion passed unanimously.

Respectfully submitted,

L. Michael Henry
Interim Director

Approved by Board of Ethics December 27, 2001.