Adopted June 15, 2001, with amendments through November 20, 2013
It is the intention of the Denver Board of Ethics in these Rules of Procedure to establish procedures that are timely and that are fair to officers, officials and employees of the City and County of Denver and also to citizens who wish to report possible violations of the Code of Ethics. These Rules of Procedure are intended to set forth the procedures to implement the requirements of Chapter 2, Article IV of the Denver Revised Municipal Code (Code of Ethics) enacted by the Denver City Council on January 29, 2001, signed by the Mayor of Denver on January 31, 2001 and effective upon February 2, 2001, and any amendments thereto.
Board of Ethics (or Board) – The Board appointed by the Mayor and the City Council of the City and County of Denver, State of Colorado, pursuant to Article IV of Chapter 2 of the Denver Revised Municipal Code.
Code of Ethics (or code) – Article IV of Chapter 2 of the Denver Revised Municipal Code, as it may be amended from time to time.
Employee – any person in the employ of the city or of any of its agencies or departments.
Officer – any of the following: the Mayor, the Auditor, the members of City Council, the Clerk and Recorder, the Manager of Public Works, the Manager of Parks and Recreation, the Manager of Finance, the Manager of Environmental Health, the Manager of General Services, the Manager of Safety, the City Attorney, the Manager of Human Services, the Manager of Aviation and the Manager of Community Planning and Development.
Case numbers shall be assigned chronologically for each written request for advisory opinion, request for waiver and inquiry, with a new sequence to commence on the first day of each calendar year. The calendar year shall be the first two digits of the case number followed by a hyphen (for example, 01-1 designates the first case filed in 2001).
A copy of the Board’s meeting agenda shall be posted at the location of the meeting and at any other appropriate locations and on the Board’s website.
The parliamentary rules contained in Robert’s Rules of Order, latest revision, shall govern in all cases to which they are applicable, except as modified by these Rules of Procedure.
Any member or employee of the board of ethics shall disqualify himself or herself from participating in any matter before the board in which his or her impartiality might reasonably be questioned, including, but not limited to, instances where he or she has a personal bias or prejudice concerning a party or personal knowledge of or involvement in disputed evidentiary facts concerning the matter. In the event that an employee of the board of ethics receives a request for an advisory opinion, a request for a waiver or an inquiry from which the employee is disqualified, and the employee has recused himself or herself, the board shall request a designee of the city attorney or a member of the board to perform all functions the employee would otherwise perform.
A person who is the subject of an inquiry who is subsequently exonerated may apply to the City Attorney for reimbursement of reasonable legal expenses from the “Liability Claims” appropriations. The City Attorney shall promptly provide reimbursement subject to the limitations of this section. As used in this section, the term “legal expenses” shall include reasonable attorney fees, witness fees, stenographer fees, investigator fees, and other direct costs in connection with the answer to an inquiry. The person applying for reimbursement shall submit his or her application for reimbursement to the City Attorney within fourteen days of the Board’s decision. The City Attorney, or in the case of a conflict, a designee of the City Attorney, shall determine, in his or her sole discretion, the reasonableness of the legal expenses. The exonerated person may not appeal or challenge the City Attorney’s determination with the Board or any other entity. The maximum reimbursement from the City shall not exceed the sum of seven thousand five hundred dollars ($7500.00).
All requests for advisory opinions, citizen inquiries or complaints must be submitted either by email or in writing to:
L. Michael Henry
201 West Colfax Avenue # 2H13
Dept 703 (for U.S. mail)
Denver, CO 80202
How to Request Ethical AdviceThe Board of Ethics, if requested, gives official written advisory opinions to city employees, elected officers and board and commission members about Code of Ethics issues... Learn more