Colorado Water Conservation Handbook

• Year: 2004
• Title: CWCB Board Member Handbook
• CWCB Section: Administration
• Author: CWCB
• Description: Handbook containing phone numbers, addresses, statutes, rules, policies, straegic plans and Board member work plans.
• Publications - Doc Type: Other

(2) A member of a board, commission,
council, or committee who receives no compensation
other than a per diem allowance or necessary and
reasonable expenses shall not perform an official act
which may have a direct econornic benefit on a business
or other undertaking in which such member has a direct
or substantial financial interest.

24-18-110. Voluntary disclosure. A member ofa board,
commission, council, or committee who receives no
compensation other than a per diem allowance or
necessary and reasonable expenses, a member of the
general assembly, a public officer, a local government
official, or an employee may, prior to acting in a manner
which may impinge on his fiduciary duty and the public
trust, disclose the nature of his private interest.
Members of the general assembly shall make disclosure
as provided in the rules of the house of representatives
and the senate, and all others shall make the disclosure
in writing to the secretary of state, listing the amount of
his financial interest, if any, the purpose and duration of
his services rendered, if any, and the compensation
received for the services or such other information as is
necessary to describe his interest. If he then performs
the official act involved, he shall state for the record the
fact and summary nature of the interest disclosed at the
time of performing the act. Such disclosure shall
constitute an affirmative defense to any civil or criminal
action or any other sanction.

24-18-111. Powers of the secretary of state. (1) The
secretary of state may:
(a) Issue advisory opinions to persons subject
to the provisions of this article concerning issues
relating to the requesting person's conduct and the
provisions of this article with such deletions as are
necessary to protect the identity of the requesting party
or the party about whom the opinion is written;
(b) Keep and permit reasonable public access
to voluntary disclosure statements;
(c) Make rules for the conduct of his affairs
under this part 1.
(2) Any advisory opinion issued by the
secretary of state shall take priority over any comment
issued by the board of ethics for the executive branch
pursuant to section 24-18-112 or any opinion issued by
the board of ethics for the general assembly pursuant to
section 24-18-113 if the comment or the opinion covers
the same circumstances and the same issues as covered
by the opinion of the secretary of state and if the
comment or the opinion reached a separate conclusion
from that reached by the opinion of the secretary of
state.

24-18-112. Board of ethics for the executive branch-
created - duties. (1) There is hereby created a board of
ethics for the executive branch of state government in
the office of the governor. The board shall consist of
five members to be appointed by and serve at the
pleasure of the governor.

(2) The board of ethics for the executive
branch shall:
(a) Comment, when requested by the
governor, on each proposed gubernatorial appointment,
including the heads of the principal departments and the
senior members of the governor's office based upon the
provisions of this article;
(b) Upon written request of the governor,
review complaints of any violation of the provisions of
this article by a member of the executive branch of state
government;
(c) Make written recommendations to the
governor concerning his requests; and
(d) Review appeals brought before the board
of ethics pursuant to section 24-30-1003 (4).

PART 2 PROSCRIBED ACTS RELATED TO
CONTRACTS AND CLAIMS

24-18-201. Interests in contracts. (l) Members of the
general assembly, public officers, local government
officials, or employees shall not be interested in any
contract made by them in their official capacity or by
any body, agency, or board of which they are members
or employees. A former employee may not, within six
months following the termination of his employment,
contract or be employed by an employer who contracts
with a state agency or any local government involving
matters with which he was directly involved during his
employment. For purposes of this section, the term:
(a) "Be interested in" does not include holding
a minority interest in a corporation.
(b) "Contract" does not include:
(1) Contracts awarded to the lowest
responsible bidder based on competitive bidding
procedures;
(II) Merchandise sold to the highest bidder at
public auctions;
(III) Investments or deposits in financial
institutions which are in the business of loaning or
receiving moneys;
(IV) A contract with an interested party if,
because of geographic restrictions, a local government
could not otherwise reasonably afford itself of the
subject of the contract. It shall be presumed that a local
government could not otherwise reasonably afford itself
of the subject of a contract if the additional cost to the
local government is greater than ten percent of a
contract with an interested party or if the contract is for
services that must be performed within a limited time
period and no other contractor can provide those
services within that time period.
(V) A contract with respect to which any
member of the general assembly, public officer, local
government official, or employee has disclosed a
personal interest and has not voted thereon or with
respect to which any member of the governing body of a
local government has voted thereon in accordance with
section 24-18-109 (3) (b) or 31-4-404 (3), C.R.S. Any
such disclosure shall be made: To the governing body,

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