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

2. 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

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

4. 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”

5. Sunshine and Ethics Laws

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

7. 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

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

9. Colorado Open Records Act (CORA)

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

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

15. Colorado Open Records Act (CORA)
Cell Phone Records

16. Colorado Open Records Act (CORA)

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

18. 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

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

20. Proprietary Fundraising Information
Does not protect fundraising expenditures

21. Open Meetings Law…

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

23. 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

24. 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

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

26. Exceptions to Gift Ban
EMPLOYMENT

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

28. State Ethics Statutes and CU Conflict of Interest Policy

29. 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

30. 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

31. 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.

32. 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.

33. 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.

35. Employment Law and Civil Rights

36. 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

38. Privacy Laws

39. 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

40. 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

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

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

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

44. Federal & State Lobbying
Office of Government Relations
Phone:

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

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

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

48. Personal Political Activities Employees should refrain from:
Sending s from their University 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.

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

50. Office of University Counsel

51. Anschutz Medical Campus
Office of University Counsel: Contact Information
Boulder, CO
UCB Counsel
924 Broadway
(303) Main
(303) Fax
013 UCB
1380 Lawrence Street, Ste. 1450
Denver, CO (Mail)
PO Box , 183 UCD
UC Denver Counsel
(303) Main
Denver, CO 80204
(303) Fax
Anschutz Medical Campus
(303) Main
(303) Fax
Room C 1011-B
Building 500
1800 Grant Street, Suite 700
Denver, CO
Litigation Counsel
(303) Main
(303) Fax
014 UCA
1800 Grant Street, Suite 800
Denver, CO
System Counsel
(303) Main
(303) Fax
035 UCA
1420 Austin Bluffs Parkway
Colorado Springs, CO 80918
(719) Main
UCCS Counsel
(719) Fax