May 23, 2002

Board of Ethics
May 23, 2002


I. Chair Harry MacLean called the meeting to order at 1:35 pm. Members Christopher Weimer, Charles Savage and Carolyn Lievers were also present. Denise Maes was absent.

II. Christopher Weimer moved and Charles Savage seconded to approve the draft minutes of the April 18, 2002 meeting.

III. Jim Nimmer, the Manager of Training and Organizational Development at Career Service Authority, updated the Board on the plans for giving 3 hours of ethics training to all of the rank and file City employees by December 31, 2002. He and Board of Ethics Staff Director Michael Henry reported that ethics training consultant June Twinam has just completed the last of the 20 4-hour sessions for mid-level managers (a total of 550 participants) in addition to the 8-hour sessions given to 110 top-level managers in January, 2002. Jim Nimmer indicated that 25 City employees have been certified to deliver the 3-hour ethics training and 13-14 others are in the process of being trained to deliver the training.

IV. Harry MacLean introduced Jim McIntyre, the Denver Deputy Director of Purchasing, who had been invited to inform the Board about the City’s general purchasing procedures. Mr. McIntyre said that almost all City agencies are required to use the purchasing procedures established by the Purchasing Division of the Department of General Services, but that some independent agencies, the cultural institutions

and the City Council have their own purchasing procedures. He said that the Purchasing Division has 9 buyers who have an area of commodity expertise, such as vehicles or software. He explained that purchases under $5000 can be made on the open market, purchases from $5000 to $25,000 can be made by informal bid (requiring at least 3 bids, but not required to be legally advertised) and purchases over $25,000 must be done by formal bids (requiring legal advertising and a public bid-opening). Pre-bid conferences are optional. Agencies must approve requisitions before they are submitted to Purchasing and they must also be reviewed by the Budget and Management Office. Sometimes agencies include a suggested vendor on the requisition; however that is not necessarily approved by Purchasing. Sometimes Purchasing will establish a committee of representatives from different agencies to review bids. Purchasing approves a contract with a specific vendor. After an agency obtains the ordered products, the agency submits the invoice and a request for payment (voucher) to the Auditor’s office for payment.

Mr. McIntyre explained that the City’s purchasing rules are set out in Section A-12 of the Charter and Sections 20-61 through 20-69 of the Revised Municipal Code. He said that the Purchasing Division does not usually deal with “professional services” contracts and that all contracts over $500,000 must be approved by a vote of City Council.

IV. Eileen Stamm, the Business Manager of the Mayor’s Office of Employee Assistance gave the Board a description of the City’s Performance Evaluation Plan and Performance Evaluation Plan Review process for employees and indicated that she would be glad to assist the Board’s Staff Director and the Board in understanding the process.

VI. Chair Harry MacLean reported that he and Michael Henry met with the Deputy Manager of Safety, Tracy Howard, to review data developed by the Department regarding how many persons in the Fire, Police and Sheriff’s Departments are supervising members of their immediate families within the two levels of “direct line of supervision.” The data

generated by the Department indicates that only one person currently supervises an immediate family member within the “direct line of supervision” and that person has already received a waiver from the Board of Ethics.

VII. Harry MacLean announced that the Board’s Rules of Procedure require that a chair and vice-chair of the Board should be elected at this meeting. Charles Savage moved and Christopher Weimer seconded that Harry MacLean should be elected as chair for a one-year term. Harry MacLean indicated that he would be willing to serve only for one additional term. He indicated that he was proud that the Board has accomplished almost all of its first-year goals, specifically 1) promptly deliberating on and deciding inquiries and requests for advisory opinions and waivers; 2) establishing the Board of Ethics as an independent entity in City government; 3) publishing and distributing a high-quality ethics handbook; and 4) initiating an excellent ethics training program for all City officers, officials and employees. The motion passed unanimously. Carolyn Lievers moved and Christopher Weimer seconded that Charles Savage be elected vice-chair for a one-year term. The motion passed unanimously.