City Attorney’s Office
Reference: Resolution to Appoint an Independent Ethics Counsel and Hearing Officer
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: December 6, 2024
PURPOSE
To appoint the Independent Ethics Counsel and re-appoint the Hearing Officer for a two-year period.
BACKGROUND
On October 4, 2022, City Council passed a comprehensive Ethics Code that included a process to review complaints and obtain opinions prior to taking action, Ordinance #2397. The new Ethics Code contains a process for investigation, review of complaints, and adjudication for a violation of the Ethics Code. The City of Brighton is a home rule municipality and has the authority to adopt its own process for the review of ethics complaints.
Section 2-10-100 of the Brighton Municipal Code creates the position of an “Independent Ethics Counsel” whose purpose is to oversee the complaint, investigative, and enforcement process in response to ethics complaints and to render a written recommendation for each complaint. The Independent Ethics Counsel must be appointed by a two-thirds majority of the members of City Council in office at the time the vote is taken. The Independent Ethics Counsel must be a Colorado licensed attorney in good standing. The Independent Ethics Counsel shall serve until a successor is appointed by City Council. The Resolution making the appointment sets out an initial period of two years for the appointment and allows for one renewal of another two years if the individual is willing to continue serving, without returning to City Council.
William A. Tuthill III served in the role of Independent Ethics Counsel for the past two years, and he is retiring from the practice of law. Corey Hoffman has agreed to serve in this role for the City of Brighton. Mr. Hoffman is a licensed attorney in good standing. Mr. Hoffman has 28 years of experience in local government law.
Section 2-10-140(d) states that City Council may appoint by resolution with a two-thirds vote of all the members in office at the time an independent hearing officer to preside over a hearing when the Independent Ethics Counsel recommends proceeding to a hearing. Rather than wait until there is a complaint, the Resolution before you would approve the renewal of an engagement letter with a licensed attorney to act as an independent hearing officer for ethics complaints.
Geoff Wilson of WilsonWilliams LLP has agreed to renew the engagement as an independent hearing officer for ethics complaints. His firm works and represents local governments. Mr. Wilson served as general counsel for the Colorado Municipal League for almost three decades, and he has a wealth of experience in municipal law.
STAFF RECOMMENDATION
The City Attorney recommends approval of the resolution appointing both of these individuals.
OPTIONS FOR COUNCIL CONSIDERATION
Approve the Resolution
Modify the Resolution
Deny the Resolution
ATTACHMENTS
Resolution
Power Point