(1) A public servant commits failing to disclose a conflict of interest if he exercises any substantial discretionary function in connection with a government contract, purchase, payment, or other pecuniary transaction without having given seventy-two hours' actual advance written notice to the secretary of state and to the governing body of the government which employs the public servant of the existence of a known potential conflicting interest of the public servant in the transaction with reference to which he is about to act in his official capacity.
(2) A "potential conflicting interest" exists when the public servant is a director, president, general manager, or similar executive officer or owns or controls directly or indirectly a substantial interest in any nongovernmental entity participating in the transaction.
(3) Failing to disclose a conflict of interest is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-308. L. 79: (1) amended, p. 744, § 1, effective July 1.
PART 4
ABUSE OF PUBLIC OFFICE
Notes of Decisions
Ruiz v. Hope for Child., Inc., 2013 COA 91, 352 P.3d 983.
· cites it 2× “, § 18-8-308(2), C.R.S.2012 (limiting "potential conflicting interest" to situations in which a public servant, among other things, owns or controls a substantial interest in any nongovernmental entity participating in a pecuniary transaction with which the public servant is…”
Denver West Metro. Dist. v. Geudner, 786 P.2d 434 (Colo. Ct. App. 1989).
· cites it 2× “” Here, the District’s officers properly disclosed the conflict of interest arising from their positions with DWP; therefore, they were authorized under § 32-1-902(3) to participate in making the decision whether to condemn Geudner’s property.”
People v. Tucker, 676 P.2d 680 (Colo. 1983).
· cites it 3× “8), and the misdemeanor offense of failure to disclose a conflict of interest, in violation of section 18-8-308, C.R.S.1973 (1978 Repl.Vol.”
Colo. Rev. Stat. § 18-8-308(2): 1 case
Ruiz v. Hope for Child., Inc., 2013 COA 91, 352 P.3d 983.
“, § 18-8-308(2), C.R.S.2012 (limiting "potential conflicting interest" to situations in which a public servant, among other things, owns or controls a substantial interest in any nongovernmental entity participating in a pecuniary transaction with which the public servant is…”
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