So, you work for the government Here’s what you need to know

Legal Origins of the University Established by first territorial legislature in 1861 UCB established as a “state institution” in original constitution UCD and UCCS added in 1972

Legal Origins of the University Colo. Const. provides for nine elected Regents and the President—1 of only 4 states

Legal Origins of the University Separate from State Gov Colo. Const gives Regents “general supervision” of the university and “exclusive control and direction of all funds of and appropriations to” the institution, “unless otherwise provided by law”

Sunshine and Ethics Laws

Sunshine and Ethics Laws Open Records Act Open Meetings Act (CORA) Amendment 41 Public Official Ethics and Disclosures University Conflict of Interest Policies

Colorado Open Records Act (CORA) CORA applies to all records made, maintained or kept by CU that are related to the performance of public functions or the receipt or expenditure of public funds

Colorado Open Records Act (CORA) Best practice  common sense

Colorado Open Records Act (CORA)

Colorado Open Records Act (CORA) University Hosted Email De minimus personal use policy Limited employee right of privacy

Colorado Open Records Act (CORA) University Hosted Email De minimus personal use policy Limited employee right of privacy

Colorado Open Records Act (CORA) Cell Phone Records

Colorado Open Records Act (CORA)

Important Exceptions to CORA Personnel files Third party trade secrets Student and patient records Identity of donors Proprietary fundraising information

Donor Identity Any record that could lead to the identity of a donor or the terms of a gift agreement Whether maintained by CU or CUF

Proprietary Fundraising Information Business or financial information which, if released, would put the owner at competitive disadvantage

Proprietary Fundraising Information Does not protect fundraising expenditures

Open Meetings Law…

Amendment 41 (Gift Ban) Government employees may not receive a gift over $53 Gift = anything of value (loan discounts, in-kind) Applies to spouses

Exceptions to Gift Ban Admission and cost of food at an event where you are scheduled speak or answer questions as part of a scheduled program

Exceptions to Gift Ban Travel and expenses where you are part of the program paid by a non-profit — i.e., less than 5% of funding from for-profit

Exceptions to Gift Ban Personal friend or family on a special occasion

Exceptions to Gift Ban EMPLOYMENT

Exceptions to Gift Ban Travel and other expenses where University would otherwise pay . . . maybe

State Ethics Statutes and CU Conflict of Interest Policy

C.R.S. 24-18-108 State employees may not: Perform an official act that substantially benefits an enterprise in which the employee has a financial interest Assist a person in obtaining a state contract or benefit for a fee Criminal penalties

Regent Policy 1: Principles of Ethical Behavior University employees are expected to avoid actual and perceived conflicts of interest Conflicts must be appropriately disclosed in accordance with university conflict of interest and conflict of commitment policies

Regent Policy 3.B: Conflict of Interest – University Community No employee shall derive private gain from his or her association with the university except as provided by Regent or university policies.

System APS – Conflicts of Interest and Commitment Outside activities or financial interests that conflict or appear to conflict with commitment to university duties or exercise of professional responsibilities must be disclosed and managed.

System APS – Conflict of Interest through Amorous Relationships Romantic or sexual relationships between employees or employee and student where a direct evaluative relationship exists must be disclosed and managed.

Employment Law and Civil Rights

Employment Law and Civil Rights Title VI – racial discrimination in federally funded programs Title VII – racial and gender discrimination and harassment in the workplace Title IX – gender discrimination in educational programs Americans with Disabilities Act and Family Medical Leave Act Age Discrimination in Employment Act

Privacy Laws

Family Educational Records Protection Act (FERPA) Student educational records may not be disclosed without student’s consent An educational record is any information directly relates to a student and is maintained by the University as part of the educational process

Health Insurance Portability and Accountability Act (HIPAA) Individually identifiable health information is anything that relates to: physical or mental health or condition, providing of health care, or payment for health care and that identifies the individual patient

Political Activities Campaign related activities Federal and state lobbying Personal political expression

IRS Rules: 501(c)(3) cannot participate or intervene in campaign for public office

Campaign Related Activities Fair Campaign Practices Act prohibits use of university resources to benefit campaigns for elected office and statewide ballot issues

Federal & State Lobbying Office of Government Relations Phone: 303-831-6192

State Lobbying Communicating with legislators, other elected executive branch officials or staff about pending legislation or regulation.

Federal Lobbying Communication with Congressional members or staff or certain executive branch officials about any federal legislation or program

Personal Political Activities First Amendment expression is protected, but limited for public employees

Personal Political Activities Employees should refrain from: Sending emails from their University email accounts in support of or in opposition to candidates or ballot initiatives; Using University office supplies (including computers, copiers, and fax machines) to create campaign materials; Making calls on University phones in support of or opposition to a political candidate or ballot initiatives; Using University Internet connections to make monetary contributions to political campaigns.

Office of University Counsel When in doubt, seek legal advice.

Office of University Counsel

Anschutz Medical Campus Office of University Counsel: Contact Information Boulder, CO 80309-0013 UCB Counsel 924 Broadway (303) 492-7481 Main (303) 492-4086 Fax 013 UCB 1380 Lawrence Street, Ste. 1450 Denver, CO 80217-3364 (Mail) PO Box 173364, 183 UCD UC Denver Counsel (303) 315-6617 Main Denver, CO 80204 (303) 315-4446 Fax Anschutz Medical Campus (303) 724-5534 Main (303) 724-4738 Fax Room C 1011-B Building 500 1800 Grant Street, Suite 700 Denver, CO 80203-1125 Litigation Counsel (303) 860-5691 Main (303) 860-5650 Fax 014 UCA 1800 Grant Street, Suite 800 Denver, CO 80203-1187 System Counsel (303) 860-5686 Main (303) 860-5690 Fax 035 UCA 1420 Austin Bluffs Parkway Colorado Springs, CO 80918 (719) 255-3820 Main UCCS Counsel (719) 255-3511 Fax