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Independent Counsel Says No Ethics Violation Occurred

The City of Boulder announced today that an independent investigation confirmed city staff and council members did not violate the Code of Conduct

Fort Collins City Attorney Carrie Daggett was appointed special counsel to investigate possible ethics violations alleged by Boulder resident Mark Gelband against three city employees and three council members. Daggett was assisted in her investigation by Fort Collins Assistant City Attorney Christopher Van Hall. The complaint alleged that staff violated Boulder Revised Code 2-7-8 by speaking about the city’s municipalization efforts at an event. It also alleged that council members violated the code by using their names and titles on the Empower Our Future website for fundraising purposes.

Daggett and Van Hall concluded that staff had been invited to speak about city climate initiatives, including municipalization, and did not demonstrate bias or favoritism toward Empower Our Future. Staff participation was consistent with the 100 outreach events conducted by the city’s Energy Strategy & Electric Utility Development division and the 29 climate presentations made by staff since 2015. No violation occurred.

Daggett and Van Hall also concluded council members had not misused their official titles related to the Empower Our Future website, stating that the Boulder Revised Code only applies to political candidates or ballot measures and, even then, expressly gives public officials authority to support or oppose political candidates and ballot measures. No violation occurred.

The full independent Code of Conduct Report can be found here pdf.

Published: Oct. 3, 2017

Media Contacts:
Patrick von Keyserling, Communication Director, 303-441-4959

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