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<br />conduct departs from his fiduciary duty is liable to the
<br />people of the state as a trustee of property and shall
<br />suffer such other liabilities as a private fiduciary would
<br />suffer for abuse of his trust. The district attorney of the
<br />district where the trust is violated may bring appropriate
<br />judicial proceedings on behalf of the people. Any
<br />moneys collected in such actions shall be paid to the
<br />general fund of the state or local government. Judicial
<br />proceedings pursuant to this section shall be in addition
<br />to any criminal action which may be brought against
<br />such public officer, member ofthe general assembly,
<br />local government official, or employee.
<br />
<br />24-18-104. Rules of conduct for all public officers,
<br />members of the general assembly, local government
<br />officials, and employees. (1) Proof beyond a reasonable
<br />doubt of commission of any act enumerated in this
<br />section is proof that the actor has breached his fiduciary
<br />duty and the public trust. A public officer, a member of
<br />the general assembly, a local government official, or an
<br />employee shall not:
<br />(a) Disclose or use confidential information
<br />acquired in the course of his official duties in order to
<br />further substantially his personal fmancial interests; or
<br />(b) Accept a gift of substantial value or a
<br />substantial economic benefit tantamount to a gift of
<br />substantial value:
<br />(I) Which would tend improperly to influence
<br />a reasonable person in his position to depart from the
<br />faithful and impartial discharge of his public duties; or
<br />(II) Which he knows or which a reasonable
<br />person in his position should know under the
<br />circumstances is primarily for the purpose of rewarding
<br />him for official action he has taken.
<br />(2) An economic benefit tantamount to a gift
<br />of substantial value includes without limitation a loan at
<br />a rate of interest substantially lower than the
<br />commercial rate then currently prevalent for similar
<br />loans and compensation received for private services
<br />rendered at a rate substantially exceeding the fair market
<br />value of such services.
<br />(3) The following shall not be considered gifts
<br />of substantial value or gifts of substantial economic
<br />benefit tantamount to gifts of substantial value for
<br />purposes of this section:
<br />(a) Campaign contributions and contributions
<br />in kind reported as required by section 1-45-108,
<br />C.R.S.;
<br />(b) An occasional nonpecuniary gift,
<br />insignificant in value;
<br />(c) A nonpecuniary award publicly presented
<br />by a nonprofit organization in recognition of public
<br />service;
<br />(d) Payment of or reimbursement for actual
<br />and necessary expenditures for travel and subsistence
<br />for attendance at a convention or other meeting at which
<br />such public officer, member of the general assembly,
<br />local government official, or employee is scheduled to
<br />participate;
<br />
<br />(e) Reimbursement for or acceptance of an
<br />opportunity to participate in a social function or meeting
<br />which is offered to such public officer, member of the
<br />general assembly, local government official, or
<br />employee which is not extraordinary when viewed in
<br />light of the position held by such public officer, member
<br />of the general assembly, local government official, or
<br />employee;
<br />(f) Items of perishable or nonpermanent value,
<br />including, but not limited to, meals, lodging, travel
<br />expenses, or tickets to sporting, recreational,
<br />educational, or cultural events;
<br />(g) Payment for speeches, appearances, or
<br />publications reported pursuant to section 24-6-203;
<br />(h) Payment of salary from employment,
<br />including other government employment, in addition to
<br />that earned from being a member of the general
<br />assembly or by reason of service in other public office.
<br />(4) The provisions of this section are distinct
<br />from and in addition to the reporting requirements of
<br />section 1-45-108, C.R.S., and section 24-6-203, and do
<br />not relieve an incumbent in or elected candidate to
<br />public office from reporting an item described in
<br />subsection (3) ofthis section, if such reporting
<br />provisions apply.
<br />
<br />24-18-108. Rules of conduct for public officers and
<br />state employees. (1) Proof beyond a reasonable doubt
<br />of commission of any act enumerated in this section is
<br />proof that the actor has breached his fiduciary duty.
<br />(2) A public officer or a state employee shall
<br />
<br />not:
<br />
<br />(a) Engage in a substantial fmancial
<br />transaction for his private business purposes with a
<br />person whom he inspects, regulates, or supervises in the
<br />course of his official duties;
<br />(b) Assist any person for a fee or other
<br />compensation in obtaining any contract, claim, license,
<br />or other economic benefit from his agency;
<br />(c) Assist any person for a contingent fee in
<br />obtaining any contract, claim, license, or other
<br />economic benefit from any state agency; or
<br />(d) Perform an official act directly and
<br />substantially affecting to its economic benefit a business
<br />or other undertaking in which he either has a substantial
<br />financial interest or is engaged as counsel, consultant,
<br />representative, or agent.
<br />(3) A head of a principal department or a
<br />member of a quasi-judicial or rule-making agency may
<br />perform an official act notwithstanding paragraph (d) of
<br />subsection (2) of this section ifhis participation is
<br />necessary to the administration of a statute and if he
<br />complies with the voluntary disclosure procedures under
<br />section 24-18-110.
<br />(4) Repealed.
<br />
<br />24-18-108.5. Rules of conduct for members of boards
<br />and commissions. (1) Proof beyond a reasonable doubt
<br />of commission of any act enumerated in this section is
<br />proof that the actor has breached his fiduciary duty.
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