Colorado § 24-18-102 - Definitions.

§ 24-18-102. Definitions.

As used in this part 1, unless the context otherwise requires:

(1) "Business" means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.

(2) "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another.

(3) "Employee" means any temporary or permanent employee of a state agency or any local government, except a member of the general assembly and an employee under contract to the state.

(4) "Financial interest" means a substantial interest held by an individual which is:

(a) An ownership interest in a business;

(b) A creditor interest in an insolvent business;

(c) An employment or a prospective employment for which negotiations have begun;

(d) An ownership interest in real or personal property;

(e) A loan or any other debtor interest; or

(f) A directorship or officership in a business.

(5) "Local government" means the government of any county, city and county, city, town, special district, or school district.

(6) "Local government official" means an elected or appointed official of a local government, but does not include an employee of a local government. "Local government official" includes a member of the board of commissioners of any airport authority created pursuant to article 3 of title 41.

(7) "Official act" or "official action" means any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.

(8) "Public officer" means any elected officer, the head of a principal department of the executive branch, and any other state officer. "Public officer" does not include a member of the general assembly, a member of the judiciary, any local government official, or any member of a board, commission, council, or committee who receives no compensation other than a per diem allowance or necessary and reasonable expenses.

(9) "State agency" means the state; the general assembly and its committees; every executive department, board, commission, committee, bureau, and office; every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof; and every independent commission and other political subdivision of the state government except the courts.

Source: L. 88: Entire article added, p. 899, § 1, effective July 1. L. 90: (1) amended, p. 447, § 10, effective April 18. L. 91: (8) amended, p. 837, § 1, effective March 29. L. 2023: (6) amended, (HB 23-1156), ch. 60, p. 217, § 6, effective August 7.

ANNOTATION

Negotiations for future employment began when respondent submitted his resume to potential employer as contemplated in subsection (4)(c). Colo. Ethics Watch v. McCasky, Indep. Ethics Comm'n 11-03.

The generalized interests held by members of a county planning commission when drafting and adopting the county's master plan are insufficient to rise to the level of a "financial interest" as defined in subsection (4). Indep. Ethics Comm'n Letter Ruling 24-01.

County administrator's actions in making purchases on behalf of the county and signing the purchase order were not "official acts" as defined in subsection (7) because these routine tasks were more administrative than discretionary to effect a decision that had already been made. Matter of LeValley, Indep. Ethics Comm'n Complaint 19-25.

The county planning commission's recommendation to the board of county commissioners is an "official act" within the meaning of subsection (7). Indep. Ethics Comm'n Letter Ruling 24-01.

Acceptance of gift of season ski passes by nearby town for its employees may lead the public to conclude that the ski area has received, or its employees may receive, some benefit from the town employees in return. Public employees should avoid any conduct that may violate the public trust or appear to violate the public trust. Indep. Ethics Comm'n Advisory Opinion 14-21.