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Home My WebLink About8B - Board - Staff Relations~i I + J I II II I CITY OF BOULDER, COLORADO Office of the Ciry Attamey 17T/~~Hrmdwry~ Poat OfficeBmc 791 Houldc, Coloredo 80366 TetepL~e (303J 4413020 Fecdmile (303) 441-3859 MEMORe~TDUM T0: Jan Geden, Director of Parks & Recreation FROM: Saadra Llanes, Assistant City Aitomey Xl~ L~ SUB7ECT: Parks & Rxreatioa Advisory Boarii (PRAB) DATE: March 16, 2007 QDF5TIOIQ PBT~.SENTED What is the scope of PRAB's role and authority? / ~ / _~,,~~~, ~~ ~ DiSCIISSION ` The Parks and Recreation Advisory Board ("PRAB'~ consists of seven members appointed by the city cozmcil, each to five year..te~s. The members of the PRAB shall be zesidenis of the cify, shall not hold any otha affice in the city, and sball servc without pay.l The city manager serves as secretary to thc PRAB. The City of Boulda Charter and the Boulder Revised Code (BRC.) provide the legal authority for creation, retention, and scope of authority regazding all city boards. It is very specific ia regards to the autharity desi~l2tCd to the PRAB. ~ The PRAB is deiegated the authority to provide recommendations to council regarding the disposal, acquisition, protection and maintenance of pazk lands; expenditures or appropriations from the permanent parks and recreation fund; granting or denial of licenses and permits on pazks lands; and proposed annuat budget reIating to parks and recreation matters. In addirion, the PRAB may at the request of co~cil or the parks and recrearion department ("DepartmenY'} make recommeadations on other parks and recreation matters that aze not listed above.2 It may also request infoanation and recommendations from the Department on parks and recreaiaon ~ 1 Chactc Sectioa 1~7 B.RC. ~ Charter Section 160 (e); 2-3-10(d)(6), B.RC. K~PAUP~m-PRAB authoxrty.doc Jan Geden Page 2 Maroh 19, 2007 Re: PRAB matters not listed above . However, the discretion as to whether or not to provide informafion frnm the Deparlment resides with the Depaz4nent.4 Furthermore, the PRAB's recommendations aze not binding upon city council.s Some city boazds aze quasi judicial in naiure and have decision-maldng powers within their areas of expertise. The Pazks and Recreation P,dvisory Boazd , as its name implies, is advisory in nature and not a,goveming body with decision making authority. , The PRAB's authority can be found in Charter Sections 154169; and Section 2-3-10, B.R.C. Charter Section 160 mirrors Section 2-3-1,0(d), .B.R.C. but the Charter also includes a provision, that further defines the PRAB's scope of authority. It reads as follows; `°I'he pazks and recreation advisory board shall not perform any administrative functibns unless axpressly provided in trris charter".6 Administrative functions are the DeparlmenYs responsibility.~ The Department works under the.direction of the:city managa. The Department's role is seb forth in Charter Section 155 and is delegated the i'imction of administering every aspect of p~ks and recreation. VJhile thae is no definition ofthe term "8~minicfrafiVe {I$Chpn" in the Charter or code, the eommon understanding of the term is qvickly found 'm any dictionary. The term "administrative" is defined as relating to a~1**+;*+;~tion or an a**~~n+a1T'~+=on. 'It then defines~ "administration" as the .perfoffiance of executive duties; management; anii the execution of public affairs as distnguished from policy-maldag.e • Moreover, Charter Section 13 sets forth the RRAB's Iimitation of power. Charter 5ection 13 states tt~at, `~either the council, its members, nor com**!~ttees shall either dictate the agpointment, retention or removal.or direct or inter•fere with•tti'e work of any off cer or:emgloyee under the eity manager. , While the PRAB has tha authority to ~weigh in on policy matters. regazding.the, specific issues delegated to it tlirough the Charter and the Boulder Revised Code or by the request of city colmcil or the Department, it cannof direct or interfere with the work of the Deparlment or otherwise direct policy. Foi future reference, Charter Section 160 reads as follows Sec. 160. Functions of the board. The parks and recreation advisory boazd shall not perform any administative functions imless expressly provided in this charter. The boazd: ; Chatter Section 160 (fl; 2-3-10(d)(7), B.RC. ° Cl~arter Section 155 (d) 5 Charter Section 160 (~ ' 6 Charter Section 160 T Charter Section 155 e Merriam-Webster Dictionary. IC;~ppUpVm-PRA3 authortTy.doc 3an Geden Page 3 Marcfi 19, 2007 Re: PRAB (a) Shall make recommendations to the counal coacerning the disposal of pazk Iands pursuant to Section 162 of flris charttr. (b) Shall make recommendations to ffie council oonceming any expenditure or agpropriation ,from the permanent park and recreation fimd pursuant to Section 161 of this ctiarter. (c) Shall make recommendations to the council concerning the grant or denial of any license or permit in or on park lands, pursuant to Section 164 of this charter. (d) Shall review the city maaager's proposed annual budget as it relates to par~ and recreation matters aad sui~mit its recommendations ooncerning said budget to the council. (e) May, at the request of the coimcil or the departmeat of parks and recreation, PraPare and snbmit to the coimc~, city mavager, or the depaztmeat recommendations oa snch park and recreation matters aa are aot provided for by paragraphs (e), (b), (c) and (d) above. (f} May request infnrmation and recommendations from the department pursuant to the provisions of Section 155(d) above. The ciiy council and the pazks and recreation departmenf shall not act on any of flxe matters set forth in paragraphs (a), (b), (c) and (d) above x+ithouf securing a recommendation from the board as above provided; however, tlie eouacil and departmeat may act on the matters set forfh in paragraphs (c) and (d) above wifl~out a boazd recommeadation if the board fails to submit its recommendation to the co~mcil within thirty days after request therefor is made by the council. Tfie boazd's recommendation shat2 not be binding upon the city council uniess expressly provided by this chatter. Section 2-3-10(d), B.R.C. reads as foIlows: (d) The boazd's functions aze: (1) To approve or disapprove proposals conceming the disposal of park Iands and forwazd such recommendations to the city council; K~PALIP~m-PRAB authwiry.doc Jan Geden Page 4 March 19, 2007 Re: PRAB (2) Ta approve or disappr4ve exp.eaditlaes or appropriations 3rom tlie permaaeat park and recreation fund and iorwazd such recommandations to the city council; (3) To make recommendations to the crnmcil conccming the grant or denial of any Iicense or permit in or on pazk lands; (4) To make recommendations ta the co-uncil concerning pratection and mainteaanca of pazk lands; (5) To review the city manager's proposed annual budget relating to pazks and recreation mattors aad submit its recommeadations. conceraing that budget to ~the council; , (6) At the request of the council, the city manager, or the _ deparlment of pazks and recreation, ~c5 prepare and submit to the _ council> manager, or departmen~ iecommendations on any additional park. and recreation mattcts; and ~ (7) To request information aad recommendations. from the departmenx of pazks and recreation p~~~a*+t to the provisions o~ Sectian 155 of the charter. cc: Ariel Calonne K~PAUP\m-PRP.B audwrity.doc