City Charter - Chapter V
General Provisions Regarding Officers and Personnel of the City
Section 5.1. Eligibility for Office and Employment in City.
(a) No person shall hold any elective office of the City unless he or she has been a resident of the City for at least one (1) year immediately prior to the last day for filing original petitions for such office or prior to the time of appointment to fill a vacancy. No person shall hold any elective office unless he or she is a qualified and registered elector of the city on such last day for filing or at such time of appointment and throughout tenure of office. (Amended 11-05-96)
(b) No person shall be eligible for any elective or appointive City office who is in default to the City or to any other governmental unit of the State. The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof by the Council or unless such person shall in good faith be contesting the liability for such default.
(c) Each candidate for elective office shall file with his or her petition his or her affidavit that the candidate possesses the qualifications for such office provided in this section. Failure to file such affidavit shall invalidate the petition. (Amended 11-05-96)
(d) At the time a candidate submits a petition for elected office, or an applicant submits an application for appointment to a Board or Commission, such person shall also submit an affidavit indicating whether he or she has been convicted of a felony under the laws of the State of Colorado or in another jurisdiction. The report of the felony shall include the type of offense, the date of the offense, and may include the circumstances and any evidence of rehabilitation. Each candidate or applicant shall also give written permission for a criminal background investigation by the Westminster Police Department. The Police Department shall report to the City Clerk any felony convictions of a candidate or applicant found in its investigation. The City Clerk shall maintain the report in a file available to the public. (Added 11-05-96)
(e) Each member of a City board or commission created by, or pursuant to, this Charter shall have been a resident of the City for at least one (1) year immediately prior to the day of appointment and shall be a qualified and registered elector of the City on such day and throughout tenure of office. (Amended 11-05-96)
(f) All officers of the City shall be United States citizens.
(g) No elective officer, under this Charter, may be appointed to any City office or be employed by the City during the term of office for which he or she was elected or for two (2) years thereafter, provided that after the expiration of the term of office the person may be appointed as a member of an independent board or commission or fill a vacancy in the position of Councilman. (Amended 11-05-96)
(h) The Council may by ordinance require residence in the City of Westminster as a condition of employment of full-time appointive officers.
Section 5.2. Vacancies in Elective Office.
Any elective City office shall be declared vacant by the Council upon occurrence of any of the following events before the expiration of the term of such office:
(a)For any reason specified by statute or by this Charter as creating a vacancy in office;
(b)If no person is elected to, or qualifies for, the office at the election at which such office is to be filled;
(c)If the officer shall be found guilty by a competent court of the State of Colorado or any act constituting misconduct in office under the provisions of this Charter;
(d)If the officer shall be convicted of crime involving moral turpitude;
(e)If the officer shall absent himself continuously from the city for more than thirty (30) consecutive days in any one (1) year without permission of the Council;
(f)In the case of any members of the Council, if such officer shall miss four (4) consecutive regular meetings of the Council or twenty-five (25) percent of such meetings in any fiscal year of the City, unless such absences shall be excused by the Council and the reason therefor entered in the proceedings of the Council at the time of such absence;
(g)If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.
Section 5.3. Vacancies in Boards and Commissions.
The office of any member of any board or commission created by, or pursuant to, this Charter shall be declared vacant by the Council:
(a)For any reason specified by statute or by this Charter as creating a vacancy in office;
(b)If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter;
(c)If such officer shall miss four (4) consecutive regular meetings of such board or commission, or twenty-five (25) percent of such meetings in any fiscal year of the City, unless such absences shall be excused by such board or commission at the time of each absence;
(d)If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.
Section 5.4. Removals From Office.
Removals by the Council of elective officers or of members of boards or commissions shall be made for either of the following reasons: (a) for any reason specified by statute for removal of city officers, (b) for any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after hearing, of which such officer has been given notice in writing by the Clerk at least ten (10) days in advance, either personally or by delivering the same at his last-known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Council in office at the time, exclusive of any member whose removal is being considered, shall be required for any such removal.
Section 5.5. Resignations. Resignations of elective officers and members of boards and commissions shall be made in writing and filed with the Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.
Section 5.6. Filling Vacancies in Appointive Offices Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.
Section 5.7. Filling Vacancies in Elective Offices.
(a) Any vacancy which occurs in the Council shall be filled within thirty (30) days by a majority vote of the remaining members of the Council, said appointee to hold office for any balance of the unexpired term. (Amended 11-7-02)
(b) If any vacancy in the office of Councilman which the Council is authorized to fill is not so filled within thirty (30) days after such vacancy occurs, or if three (3) or more vacancies exist simultaneously in the office of Councilman, such vacancies shall be filled for the respective unexpired terms at a special election.
Section 5.8. Change in Term of Office or Compensation.
Except by procedures provided in this Charter, the terms of office of the elective officers and of members of boards and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the City shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected and has qualified. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered except under terms agreed to prior to the rendering of the service.
Section 5.9. Oath of Office and Bond.
Every officer, elected or appointed, before entering upon the duties of his office, shall take the oath of office prescribed by Section 7, of Article XII of the Constitution of the State and shall file the same with the Clerk, together with any bond required by this Charter, or by the Council. In case of failure to comply with the provisions of this section within ten (10) days from the date of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by resolution, extend the time in which such officer may qualify as above set forth.
Section 5.10. Surety Bonds.
Except as otherwise provided in this Charter, all officers of the City whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council shall, before they enter upon the duties of their respective offices, file with the City an official bond, in such form and amount as the Council shall direct and approve. Such official bond of every officer and employee shall be conditioned that the officer or employee will faithfully perform the duties of the office, and will on demand deliver over to the successor in office, or other proper officer or an agent of the City, all books, papers, monies, effects and property belonging thereto, or appertaining to the office, which may be in the custody of the officer or employee; and such bonds may be further conditioned as the Council shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that the officer will, on demand, pay over or account for to the City, or any proper officer or agent thereof, all monies received by the officer or employee. The requirements of this paragraph may be met by the purchase of one (1) or more appropriate blanket surety bonds covering all, or a group of, City employees and officers, or by comparable coverage under the City Insurance Program. (Amended 11-7-95)
All official bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the City. The Clerk shall be custodian of all bonds of all officers or employees, except that the Finance Director shall be custodian of any bonds pertaining solely to the Clerk. (Amended 11-7-95)
Section 5.11. Delivery of Office.
Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall, within five (5) days, or sooner on demand, deliver to his successor in office or to his superior all books, papers, monies and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under the Statute. Any employee found guilty by a competent tribunal of violating this provision may be punished by fine or imprisonment, or both, as determined by the court.
Section 5.12. Pecuniary Interest Prohibited.
(a) Except as permitted by this section, no contract or purchase involving an amount in excess of one hundred dollars ($100.00) shall be made by the City in which any elective or appointive officer or any member of his family has any pecuniary interest, direct or indirect. A "contract" shall for the purposes of this section include any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the City for a valuable consideration to be paid by the City or sold or transferred by the City, except the furnishings of personal services as an officer or employee of the City; and the term "member of his family" shall include spouse, children, and the spouse of any of them.
(b) Without limiting the generality of paragraph (a) of this section, an officer shall be deemed to have a pecuniary interest in a contract if he or any member of his family is an employee, partner, officer, director or sales representative of the person, firm or corporation with which such contract is made or of a sales representative of such person, firm or corporation. Ownership, individually or in a fiduciary capacity, by an officer or member of his family, of securities, or of any beneficial interest in securities, of any corporation with which a contract is made, shall not be deemed to create a pecuniary interest in such contract unless the aggregate amount of such securities, or interest in such securities, so owned by such officer and the members of his family, shall amount to ten (10) percent of any class of securities of such corporation then outstanding.
(c) A contract in which an officer or member of his family has a pecuniary interest may be made by the City if the members of the Council in office at the time having no such interest shall unanimously determine that the best interests of the City shall be served by the making of such contract and if either such contract is made after comparative prices are obtained or if the members of the Council having no interest shall unanimously determine that the obtaining of comparative prices is not feasible in such particular case. Any Council member may evidence his participation in either determination required by this paragraph by vote at a Council meeting or by written instrument filed with the Clerk.
(d) Any officer who knowingly permits the City to enter into any contract in which he has a pecuniary interest without disclosing such interest to the Council prior to the action of the Council in authorizing such contract shall be guilty of misconduct in office. Except in the instances specified in paragraph (c) of this section, the unanimous determination (by vote or written instrument) of all members of the Council that in a particular case an officer or member of his family will not have a pecuniary interest in any contract or purchase to be entered into by the City shall be final and conclusive in the absence of fraud or misrepresentation.
Section 5.12.1 Conflicts Based on Prior Pecuniary Benefits. (Entire section added 11-05-96)
(a) The acceptance or receipt by any Councillor or member of that Councillor's immediate family, or an organization formed to support the candidacy of that Councillor, of any thing of value in excess of one-hundred dollars ($100) from any person, organization, or agent of such person or organization, shall create a conflict of interest with regard to that Councillor's vote on any issue or matter coming before the Council involving a benefit to the contributing person, organization, or agent, unless such interests are merely incidental to an issue or question involving the common public good.
(i) Should a conflict of interest arise for any Councillor under this subsection (a), the Councillor shall state the grounds for the conflict of interest on the record immediately prior to Council's vote, withdraw from debate on the issue, and abstain from voting on the matter, notwithstanding any duty to vote provided for elsewhere in this Charter.
(ii) In the event a quorum cannot be obtained because of any issue or matter to be acted on by Council because of abstentions pursuant to subsection (i) above, any abstaining Councillor or Councillors may vote as long as the abstaining Councillor or Councillors has disclosed the nature of the conflicting interest, including the amount of financial interest, the purpose and duration of any employment provided or services rendered and compensation therefore, and such other information as may be necessary to describe the interest.
(iii) Any Councillor may challenge the existence of a conflict of interest pursuant to this subsection (a) prior to Council's vote, but not thereafter. In the event such challenge is raised, the challenge shall be decided by a majority vote of the remaining members of Council with no alleged conflict, and such determination shall be deemed to be final and conclusive.
(b) For purposes of this Section, the following terms shall be defined as:
(i) "Thing of value" means money, employment, goods, services, or objects with any intrinsic value, including but not limited to, campaign contributions, loans, offsets to expenditures, contributions in kind, and independent expenditures by any person or organization on behalf of the candidacy of a Councillor, provided that such thing of value was received during the Councillor's current term of office or anytime within six (6) months prior to the commencement of the Councillor's current term of office.
(ii) "Immediate family" means the spouse, children, and the spouse of any child of any Councillor or candidate for Councillor.
(iii) "Councillor" includes the Mayor.
(c) A knowing violation of this Section shall be deemed to be misconduct in office.
Section 5.13. Compensation of Employees and Officers.
(a) The compensation of all employees and officers of the City whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Council.
(b) The respective salaries and compensation of officers and employees, as fixed by, or pursuant to, this Charter shall be in full for all official services of such officers or employees and shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services. Such fees, commissions and compensations shall belong to the City and shall be collected and accounted for by such officers or employees, and be paid into the City Treasury and a statement thereof filed periodically with the City Manager.
(c) Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the City.
Section 5.14. Anti-Nepotism.
The following relatives and their spouses (a) of any elective official or of his spouse, or (b) of the City Manager or of his spouse, are disqualified from holding any appointive office or employment during the term for which said elective official was elected or during the tenure of office of the City Manager, respectively: child, grandchild, parent, grandparent, brother, sister, half brother and half sister. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the City at the time of the election of said elective official or the appointment of said City Manager.