HomeMy WebLinkAbout10.22.18 PRAB Retreat Packet
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
2018 Parks and Recreation Advisory Board Retreat
October 22, 2018 and October 26, 2018
Purpose:
Once a year, members of the PRAB participate in a retreat to develop a work plan and
priorities to share with staff and City Council. The retreat offers an opportunity to
celebrate successes, make course corrections in work plans and chart the course
ahead.
PRAB Board Retreat (Part 1) – October 22, 2018
City Council Chambers
PRAB Business Meeting - Matters from the Board/Retreat Item
PRAB Roles, Responsibilities and Meeting Management
a. Review City Charter and PRAB roles
b. Discuss meeting management (PowerPoint presentation)
c. Review of presentation guidelines
d. Public meetings, open records, Boulder’s Code of Conduct
e. Mentoring and onboarding
PRAB Board Retreat (Part 2) – October 26, 2018
Columbia Cemetery/West Boulder Senior Center
2:30 p.m. – 3:45 p.m. – Tour of Columbia Cemetery (meet at Cemetery) with Caitlin
Berube-Smith
4:00 p.m. - 4:30 p.m.- State of the Work (West Boulder Senior Center)
a. Discussion of 2020 milestones
b. Review of Master Plan progress
c. Review of 2018 PRAB Action Plan and accomplishments
4:30 p.m. - 6:00p.m. – Working Session
a. Development of 2019 priorities and initiatives
b. Prepare letter for Council Retreat
Questions? Additional items for direction or to help you be effective?
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
ATTACHMENTS
Attachment A: PRAB Handbook
Attachment B: PRAB Procedural Rules
Attachment C: Power Point Presentation – Meeting Management
Attachment D: PRAB Presentation Guidelines
Attachment E: CAO Memo: Public Meetings; Open Records; Boulder’s Code of Conduct
Attachment F: PRAB 2017 Action Plan
Attachment G: Board and Commission Retreat Letters (instructions)
Attachment H: 2017 PRAB Letter to Council
Page 1 of 41
CITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD HANDBOOK
(Presented by the Rules Subcommittee to PRAB
for its review at the February 25, 2008 Board meeting)
Attachment A
Page 2 of 41
SCOPE ...................................................................................................................................................................................................... 3
RECOMMENDED READING ............................................................................................................................................................... 3
PART ONE: LEGAL CONTEXT .......................................................................................................................................................... 4
I. COLORADO REVISED STATUTES ........................................................................................................................................................ 4
A. Open Meetings ............................................................................................................................................................................ 4
II. CHARTER OF THE CITY OF BOULDER, COLORADO ......................................................................................................................... 4
A. The People of Boulder and Colorado’s Constitution ................................................................................................................. 4
B. City Council ................................................................................................................................................................................ 5
C. City Manager .............................................................................................................................................................................. 5
D. PRAB ........................................................................................................................................................................................... 6
III. CITY OF BOULDER REVISED CODE .............................................................................................................................................. 11
A. Boards and Commissions General Procedures ........................................................................................................................ 11
B. Parks and Recreation Advisory Board ..................................................................................................................................... 11
PART TWO: PRAB RULES ................................................................................................................................................................ 12
I. BASIC PRINCIPLES ............................................................................................................................................................................ 12
II. OFFICERS ........................................................................................................................................................................................ 12
III. CONDUCT ....................................................................................................................................................................................... 12
IV. COMMUNICATIONS TO CITY COUNCIL ......................................................................................................................................... 12
V. AGENDA FOR MONTHLY BUSINESS MEETINGS.............................................................................................................................. 13
A. Overview .................................................................................................................................................................................... 13
B. Notes on Specific Agenda Item Categories .............................................................................................................................. 13
C. Agenda Committee .................................................................................................................................................................... 14
D. The Parks and Recreation Department .................................................................................................................................... 14
VI. COMMON MODES OF PRAB OPERATIONS ................................................................................................................................... 15
A. PRAB Requests to the Department ........................................................................................................................................... 15
B. PRAB Informal Discussion ...................................................................................................................................................... 15
C. PRAB Action ............................................................................................................................................................................. 15
VII. RULES OF MEETING PROCEDURE ............................................................................................................................................... 15
A. Prior to a Meeting .................................................................................................................................................................... 15
B. Meeting Time and Place ........................................................................................................................................................... 15
C. Required Officers ...................................................................................................................................................................... 16
D. Duties of the Presiding Officer ................................................................................................................................................. 16
E. Rights of Members .................................................................................................................................................................... 16
F. Appeal ........................................................................................................................................................................................ 16
G. Quorum ..................................................................................................................................................................................... 17
H. Assignment of the Floor ........................................................................................................................................................... 17
I. Rules of Speaking ...................................................................................................................................................................... 17
J. The Handling of a Main Motion ............................................................................................................................................... 17
K. Other Useful Motions ............................................................................................................................................................... 19
L. Improper Motions ..................................................................................................................................................................... 19
M. Principal Rules Governing Motions ........................................................................................................................................ 19
N. Voting ........................................................................................................................................................................................ 20
VIII. OTHER MEETINGS ...................................................................................................................................................................... 20
IX. PARLIAMENTARY PROCEDURE ..................................................................................................................................................... 20
X. AMENDMENT ................................................................................................................................................................................... 20
XI. REVIEW .......................................................................................................................................................................................... 20
PART THREE: APPENDIX ................................................................................................................................................................. 22
I. BRC CODE OF CONDUCT ................................................................................................................................................................. 22
II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD
MEMBERS AND COMMISSIONERS ................................................................................................................................................. 32
Page 3 of 41
SCOPE
Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended
to be an authoritative source of the law and should be updated when laws change.
Part one is intended to provide an overview of the most important legal information relating to PRAB and to
provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s
Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office
to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and
ordinances of the City of Boulder.”
Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one
is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from
http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken
on January 16, 2008). For the Colorado Revised Statutes, the text was taken from
http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007.
Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by
PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of
Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an
affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no
further force or effect.
Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set
forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of
PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review
and update this document, but that work is to be done by PRAB.
This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney.
RECOMMENDED READING
PRAB members are advised to read and familiarize themselves with the following:
Parks and Recreation Master Plan.
BRC 2-7 Code of Conduct. Included in part I of the appendix to this document.
City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board
Members and Commissioners” Included in part II of the appendix to this document.
The Standard Code of Parliamentary Procedure (2001).
Page 4 of 41
PART ONE: LEGAL CONTEXT
I. COLORADO REVISED STATUTES
A. Open Meetings
PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of
the Colorado Revised Statutes, which reads in part:
(2) (a) All meetings of two or more members of any state public body at which any public
business is discussed or at which any formal action may be taken are declared to be public
meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is
fewer, at which any public business is discussed or at which any formal action may be taken are
declared to be public meetings open to the public at all times.
(c) Any meetings at which the adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs or at which a majority or quorum of the body is in
attendance, or is expected to be in attendance, shall be held only after full and timely notice to
the public. In addition to any other means of full and timely notice, a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated
public place within the boundaries of the local public body no less than twenty-four hours prior
to the holding of the meeting. The public place or places for posting such notice shall be
designated annually at the local public body's first regular meeting of each calendar year. The
posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and
such records shall be open to public inspection. The minutes of a meeting during which an
executive session authorized under subsection (3) of this section is held shall reflect the topic of
the discussion at the executive session.
(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and
promptly recorded, and such records shall be open to public inspection. The minutes of a
meeting during which an executive session authorized under subsection (4) of this section is held
shall reflect the topic of the discussion at the executive session.
(III) If elected officials use electronic mail to discuss pending legislation or other public business
among themselves, the electronic mail shall be subject to the requirements of this section.
Electronic mail communication among elected officials that does not relate to pending
legislation or other public business shall not be considered a "meeting" within the meaning of
this section.
II. CHARTER OF THE CITY OF BOULDER, COLORADO
A. The People of Boulder and Colorado’s Constitution
The preamble to the city charter reads:
Page 5 of 41
We, the people of the City of Boulder, under the authority of the constitution of the State of
Colorado, do ordain and establish this charter for the municipal government of the City of
Boulder, Colorado.
B. City Council
1. Specific duties of council
The specific duties of council are given in Article II section 12 of the city charter, which reads:
The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an
auditor for such independent audits as are in this charter required or authorized to be made by
order of the council, and such advisory boards or commissions as may be desired or are
elsewhere provided for by this charter; but no member of the council shall act or be chosen as
manager.
The council shall cause to be made at least annually, and at such other times as it may deem
necessary, an audit of all financial accounts of the city.
The council shall consider all recommendations and reports from time to time presented by the
city manager, or by any of the advisory commissions or the departments of planning and parks,
and shall accept or reject the same within thirty days from the date of filing thereof with the
council.
2. Powers expressly withheld from council
Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads:
Except for purposes of inquiry, the council shall deal with the administrative service solely and
directly through the city manager, and neither council, its members, nor committees shall either
dictate the appointment, retention or removal or direct or interfere with the work of any officer
or employee under the city manager. Any such dictation, attempted direction, or interference on
the part of any member of the council shall be punishable in the manner deemed appropriate by
the other members of the council, which may include removal from office. (Amended by Ord. No.
6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No.
6009 (1998), § 2, adopted by electorate on November 3, 1998.)
C. City Manager
1. The city manager defined
Boulder Revised Code 1-2-1(b) states:
"City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized
representative.
2. The city manager’s role
Page 6 of 41
The city manager’s role is given in Article V section 63 of the city charter, which reads, in part:
The city manager shall be the chief executive and administrative officer of the city. As such, the
manager shall possess, have, and exercise all the executive and administrative powers vested in
the city.
3. The city manager’s powers and duties
The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of
Article V section 64 reads:
To exercise control and supervision over all departments herein created, except as otherwise in
this charter provided;
4. The city manager and the department of parks and recreation
The relationship between the department of parks and recreation and the city manager as well as the functions
of the department of parks and recreation are given in Article XI section 155 of the city charter, which
reads:
Under the direction, supervision and control of the city manager, the department of parks and
recreation:
(a) Shall supervise, administer, and maintain all park property and recreation facilities.
(b) Shall supervise, administer, and execute all park and recreation programs, plans, functions,
and activities of the city.
(c) Shall prepare and submit to the parks and recreation advisory board written
recommendations on those matters where this article requires a recommendation from said
board prior to council or department action.
(d) May, at the request of the parks and recreation advisory board, prepare and submit to the
board information and recommendations on such park and recreation matters as are not
provided for by (c) above.
(e) May request advice on any park and recreation matter from the parks and recreation
advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)
D. PRAB
1. General provisions
General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which
reads:
At any time after the organization of the council elected under the provisions of this charter, the
council by ordinance may create and provide for such advisory commissions as it may deem
advisable; provided, that a library commission is hereby created, and the council shall, within
ninety days from its organization, appoint the members thereof.
Page 7 of 41
Each of such commissions, including the library commission, shall be composed of five electors,
appointed by the council, not all of one sex, well known for their ability, probity, public spirit,
and particular fitness to serve on such respective commissions. When first constituted, the
council shall designate the terms for which each member is appointed so that the term of one
commissioner shall expire on December 31 of each year; and thereafter the council shall by
March of each year appoint one member to serve for a term of five years. The council shall have
the power to remove any commissioner for non-attendance to duties or for cause. All vacancies
shall be filled by the council. When first appointed and annually thereafter following the
council's appointment of the commissioner, each commission shall organize by appointing a
chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the
secretary of any commission, if not a member, may receive a salary to be fixed by the council;
any commission shall have power to make rules for the conduct of its business. All
commissioners shall serve until their successors are appointed.
All commissions shall hold regular monthly meetings. Special meetings may be called at any
time upon due notice by three members. Three members shall constitute a quorum, and the
affirmative vote of at least three members shall be necessary to authorize any action by the
commission.
All commissions shall keep accounts and records of their respective transactions, and at the end
of each quarter or more often, if requested by the council, and at the end of each fiscal year shall
furnish to the council a detailed report of receipts and expenditures and a statement of other
business transacted.
The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge,
and deliver for the commission all contracts and writings of every kind required or authorized to
be signed or delivered by the commission. The signature of the chair shall be attested by the
secretary.
The commissions shall have the right to the floor of the council to speak on plans and
expenditures proposed or to appeal for a decision in a failure to agree with another commission
or the manager.
Wherever there shall be suitable accommodations in the city building, the offices of the
commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by
electorate on November 3, 1998.)*
2. Creation of PRAB
PRAB is created by Article XI, section 157 of the city charter, which reads:
There shall be a parks and recreation advisory board consisting of seven members appointed by
the city council. The members of the board shall be residents of the city, shall not hold any other
office in the city, and shall serve without pay. The council may appoint such ex-officio members
to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
Page 8 of 41
3. PRAB office
PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which
reads:
The term of each board member shall be five years, provided, however, that in appointing the
original members of the board, the city council shall designate one member to serve until
December 31, 1961, two members to serve until December 31, 1962, one member to serve until
December 31, 1963, two members to serve until December 31, 1964, and one member to serve
until December 31, 1965.
The council may remove any board member who displays lack of interest or who fails to attend
board meetings for three consecutive months without formal leave of absence.
The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961.)
4. Organization and procedure of PRAB
Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads:
The board shall choose a chair and a secretary. The director of parks and recreation may be
designated as secretary by the board.
The board shall have regular meetings once a month. Special meetings may be called at any time
by three members of the board upon giving of at least twenty-four hours' notice of said special
meeting to the board members.
Four members of the board shall constitute a quorum. Unless otherwise expressly provided
herein, an affirmative vote of a majority of the members present shall be necessary to authorize
any action by the board.
The board shall keep minutes and records of its meetings and transactions.
Except for such provisions as are herein expressly provided for, the board shall have power to
make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1,
adopted by electorate on January 31, 1961.)*
5. Functions of PRAB
Functions of PRAB are given by Article XI, section 160 of the city charter, which reads:
The parks and recreation advisory board shall not perform any administrative functions unless
expressly provided in this charter. The board:
(a) Shall make recommendations to the council concerning the disposal of park lands pursuant
to Section 162 of this charter.
Page 9 of 41
(b) Shall make recommendations to the council concerning any expenditure or appropriation
from the permanent park and recreation fund pursuant to Section 161 of this charter.
(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 manager's proposed annual budget as it relates to park and recreation
matters and submit its recommendations concerning said budget to the council.
(e) May, at the request of the council or the department of parks and recreation, prepare and
submit to the council, city manager, or the department recommendations on such park and
recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above.
(f) May request information and recommendations from the department pursuant to the
provisions of Section 155(d) above.
The city council and the parks and recreation department shall not act on any of the matters set
forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the
board as above provided; however, the council and department may act on the matters set forth
in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its
recommendation to the council within thirty days after request therefor is made by the council.
The board's recommendation shall not be binding upon the city council unless expressly
provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January
31, 1961.)
6. Permanent park and recreation fund
The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter,
which reads:
There shall be a permanent park and recreation fund. This fund shall consist of the following:
(a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable
property within the city.
(b) Gifts and donations to the fund.
(c) Proceeds of the sale of any park or recreation property or equipment whether real, personal,
or mixed.
(d) Appropriations made to the fund by the city council.
Expenditures from this fund shall be made only upon the favorable recommendation of the parks
and recreation advisory board and appropriation by the council. Said fund shall not be used for
any purpose other than the acquisition of park land or the permanent improvement of park and
recreation facilities.
Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event
be converted into the general fund nor be subject to appropriation for general purposes. Money
Page 10 of 41
appropriated from the fund which is not expended in whole or in part shall be returned to the
fund and shall not be subject to appropriation for general purposes. Money appropriated from
the general fund for park or recreational purposes which is not expended for the purpose
designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
7. Disposal of park properties
The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads:
Park lands may be disposed of by the city council, but only upon the affirmative vote of at least
four members of the parks and recreation advisory board. An advisory recommendation, which
shall not be binding on the council, shall be obtained from the planning board prior to the
disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on
November 2, 1993.)
8. Acquisition of park land
The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads:
The council may acquire park land for the city, provided that the council shall not make any
expenditure of money for the purpose of acquiring park lands without first securing a
recommendation from the planning board and the parks and recreation advisory board.
Provided, however, that the council can act without such recommendations if said boards fail to
submit their recommendation to the council within thirty days after request therefor is made by
the council. The recommendations of the said boards shall not be binding on the council except
that the recommendation of the parks and recreation advisory board concerning expenditures
from the permanent park and recreation fund shall be binding on the council pursuant to Section
161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)
9. Franchises, leases, permits, and licenses in parks
Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter,
which reads:
No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying
electors in accordance with the provisions of article VIII of the charter of the city.
The council may by motion grant leases, permits, or licenses in or on park lands, but only upon
the affirmative vote of at least four members of the parks and recreation advisory board. The
council may, by ordinance, delegate all or any part of this authority to the parks and recreation
advisory board to approve such leases, permits, or licenses. The parks and recreation advisory
board may, by motion, subdelegate all or any part of its delegated authority to approve such
leases, permits, or licenses to the city manager. The city manager may enter into standard
Page 11 of 41
commercial licensing agreements for automatic food vending machines on park lands without
the approval of the parks and recreation advisory board or the council.
The term of any license or permit granted hereunder shall not exceed five years, and any such
license or permit so granted shall be revocable by the council at its pleasure at any time,
whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No.
2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993),
§ 1, adopted by electorate on November 2, 1993.)
III. CITY OF BOULDER REVISED CODE
A. Boards and Commissions General Procedures
1. Rules of meeting procedure
Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall:
Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or
commission adopts other rules of meeting procedure
2. Open meetings
Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall:
Hold all meetings open to the public, after full and timely notice of date, time, place, and subject
matter of the meeting, and provide an opportunity for public comment at the meeting
3. Procedures
Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to:
Adopt rules interpreting its legislative duties under this code and establishing procedures in aid
of its functions
4. Voting
Title 2, chapter 3, section 1, subsection d, part f states:
If a member of a city board or commission is present at a meeting and refuses to vote, the
member's vote shall be recorded in the affirmative. No member is excused from voting except on
approving minutes of a meeting that the member did not attend or on a matter creating a conflict
of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such
member's conduct in the business of the board or commission.
B. Parks and Recreation Advisory Board
1. Subpoenas
Title 2, chapter 3, section 10, subsection e, states:
The board is not authorized to issue subpoenas.
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PART TWO: PRAB RULES
I. BASIC PRINCIPLES
The basic principles of parliamentary procedure that PRAB shall strive to uphold:
A. Rules should facilitate the transaction of business and promote cooperation and harmony.
B. All members are equal; officers only have additional duties.
C. The majority vote decides.
D. The rights of the minority must be protected.
E. Full and free discussion of propositions presented for decision is a right of members; balanced with the
chair’s duty to move thru the agenda in addressing time management issues.
F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect.
G. Meetings should be characterized by fairness and good faith.
II. OFFICERS
PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members
chosen by majority vote of PRAB at its first business meeting following the annual City Council board
appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or
vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the
vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the
city manager’s authorized representative. The secretary does not have authority to vote.
III. CONDUCT
PRAB members shall
A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back
to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as
representatives of PRAB but not as spokespersons for PRAB)
B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking
in public forums other than PRAB meetings, including but not limited to city council meetings
C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own
interests as to that particular matter before city council
D. conduct themselves in all interactions with one another, city council, city staff, and the public in a
professional and courteous manner
E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications
IV. COMMUNICATIONS TO CITY COUNCIL
The complete text of any motion presented to City Council shall be in writing. PRAB may designate a
PRAB member to present the motion to City Council during the period of public comment or, if
requested by the City Council, the City Manager, or the Department, during the Council meeting. The
PRAB member authorized to present the motion shall provide written copies of the motion to City
Council and request to read the complete text of the motion to City Council.
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V. AGENDA FOR MONTHLY BUSINESS MEETINGS
A. Overview
The agenda is generally set by the department as most matters arise from the department for consideration by
PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for
consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described
below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under
‘matters from board members’ or ‘matters for discussion/information.’
B. Notes on Specific Agenda Item Categories
1. Public Comment
Following public comments, the chair shall recognize a representative of the Department, usually the
Director, to provide the Department an opportunity to respond directly to the public.
2. Items for Action
(a) Items for action are those items for which a motion and vote are anticipated. Usually, such items
should have been discussed at a previous PRAB meeting under ‘items for
discussion/information’. Items on which the Department and/or Council requests PRAB advice
shall generally be presented initially under ‘items for discussion/information’ and then at the
following business meeting under ‘items for action.’
(b) Items for action are usually preceded by a staff presentation regarding the item and the question or
questions for which the staff is seeking the advice of PRAB. The staff presentation may be
followed by questions from PRAB.
(c) Public hearings are discretionary for PRAB. However, in the interests of openness and
accountability, PRAB shall hold public hearings prior to action on items arising under sections
160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of
public comment may not have provided the public an appropriate opportunity for input.
(d) PRAB usually has a period of informal discussion following the close of the public hearing, which
should result in a motion.
(e) PRAB then debates the motion.
(f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in
the minutes.
3. Matters from the Department
Matters from the Department may include a summary of upcoming work, events, and/or collaborative
activities of which the staff would like PRAB to be aware.
4. Matters from Board Members
Matters from Board members may include ideas regarding information or recommendations to request
from the department, reports from individual PRAB members on sub-committees or other PRAB-
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related activities to which less than a quorum of PRAB has been assigned, or PRAB-related
activities which are not agenda items that an individual PRAB member wishes to bring to the
attention of PRAB as a whole.
C. Agenda Committee
1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation
Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can
not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda
committee member by the PRAB member who can not attend.
2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting.
3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which
reflects charter-mandated actions and items on which the Department and/or Council requests PRAB
advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter.
4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole;
therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas
or points of view or to limit or constrain other points of view.
5. The agenda committee determines how to present each item to PRAB, works to balance content with
time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during
the board meeting).
D. The Parks and Recreation Department
1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent
documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on
which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the
PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting,
such as formulating any pertinent motion, discussion points, and questions.
2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and
Recreation Department is requested to provide PRAB with objective information. When analyzing
alternative courses of action, it is requested that the Department present and analyze a range of realistic
alternatives, including those proposed by PRAB members and members of the public, and present the
Department’s preferred alternative.
3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the
Wednesday prior to a Monday board meeting.
4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3-
1(b)(5).
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VI. COMMON MODES OF PRAB OPERATIONS
A. PRAB Requests to the Department
PRAB may request information and recommendations from the department under Article XI, Section 160(f)
via passing a motion that makes that request. The usual process for making such a request is to introduce an
idea during the ‘approval of agenda’ portion of the meeting and then have an initial discussion of it under
either the ‘matters for discussion/information’ or ‘matters from board members’ portion of the meeting.
Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda
for the next business meeting for further work, or to make another motion that actually spells out the request
of the department.
B. PRAB Informal Discussion
Items that a PRAB member wishes to discuss with PRAB should be raised by that member in the form of a
motion for informal consideration. If the motion carries, then an informal discussion can take place either
under the ‘matters from board members’ portion of the current meeting or under another portion of the current
meeting as specified in the motion approved. An informal discussion is started by a motion but does not
center on a motion, so the rules for handling motions and debate do not apply during the period of informal
discussion. Following informal discussion, a PRAB member may make a motion to include the item for
action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current
meeting agenda is approved, then any PRAB member may make a motion on that item.
C. PRAB Action
PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the
board to take immediate action on an item, that member should raise the item during the ‘approval of agenda’
portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated
during the ‘items for action’ portion of the current meeting.
VII. RULES OF MEETING PROCEDURE
A. Prior to a Meeting
1. PRAB members should review their meeting packets and come to the meeting prepared to address the
agenda without undue delay.
2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the
PRAB member may address the question to the Department Director. If time permits, staff may respond
to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The
inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the
question and the chair shall provide the Department an opportunity to speak to the question.
B. Meeting Time and Place
1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City
Council chambers; however, the time and place may be changed upon adequate prior notice to the
public, PRAB, and the department.
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C. Required Officers
1. Presiding Officer
The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the
vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of
PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB
members present as chair pro tem and shall serve as the presiding officer.
2. Secretary
In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members
present.
D. Duties of the Presiding Officer
The presiding officer shall:
Determine the presence of a quorum
Call the meeting to order
Move through the agenda while monitoring the time
Ensure that all persons speaking during public participation have provided the appropriate written
information to PRAB
Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue
State and put to vote all motions
Announce the result of each vote
Enforce the rules relating to procedure and decorum
Refuse to recognize dilatory or improper motions
Announce the basis or reason for ruling any motion improper
E. Rights of Members
Members’ rights include:
Make motions
Speak in debate on motions
Vote
Require a retake of a voice vote of which the result is doubted by the member
Make a point of order to insist on the enforcement of the rules if the member notices a breach of the
rules that the presiding officer has not corrected
Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on
which a point of order can be made
F. Appeal
Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any
two members can require him to submit a ruling to the vote of PRAB by moving and seconding an
appeal immediately after the presiding officer has made a ruling. By one member making the appeal
and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final
decision.
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G. Quorum
1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159.
2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to
order. An announcement is not required.
3. The only actions that can be taken in the absence of a quorum are:
Fix a time at which to adjourn
Adjourn
Recess
Take measures to obtain a quorum
H. Assignment of the Floor
1. Before speaking, a member must claim the floor by raising their hand. The chair will recognize a
member by nodding or announcing.
2. While a motion is open to debate, if the member who made the motion claims the floor and has not
already spoken on the question, then she or he is entitled to be recognized first.
I. Rules of Speaking
At all times, members shall
Maintain a courteous tone
Avoid repetition to the greatest extent possible
Not engage in personal attacks
Confine their statements to 5 minutes, unless permission has been obtained from PRAB to exceed that
limit
J. The Handling of a Main Motion
1. Making a motion
A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few
words of explanation, which must not become a statement, or a member can first request information
or can indicate briefly what he wishes to propose and request the chair or another member to assist
with appropriate wording. A resolution or a long or complicated motion should be prepared in
advance of the meeting, if possible, and should be put in writing before it is offered.
2. Seconding a motion
Another member can second the motion to indicate that the motion should come before PRAB for
consideration. The seconder may speak and vote against the motion. If there is no second, the chair
shall not recognize the motion.
3. Stating the motion
The chair formally places the motion before PRAB by stating the exact motion and announcing it is
open to debate. The chair may require any motion to be in writing before she or he states it. Note
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that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the
chair has stated it, the motion can be withdrawn only by permission of PRAB.
4. Debate
(a) The presiding officer can enter into the debate on the pending motion.
(b) The assignment of the floor in section VI H above applies.
(c) The speaker’s position on the motion should be stated directly, such as “I support this motion
because…” or “I oppose this motion because…”
(d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply:
i. Members shall confine remarks to the merits of the pending question – discussion that departs
from the subject is out of order
ii. Members shall refrain from attacking a member’s motives
iii. Members shall not disturb PRAB during debate
iv. Members who are interested and informed on the subject may speak several times providing that
members who have not already spoken are not seeking recognition.
v. Merely asking a question or making a brief suggestion is not considered a statement in debate.
vi. After each member has had the opportunity to be heard in each round of debate, the chair shall
ask if there is any further discussion. If not, the motion is put to a vote.
(e) Amendments
i. An amendment must always be closely related to or have bearing upon the subject of the motion to
be amended. No new subject can be introduced under the pretext of an amendment but an
amendment can be hostile to or defeat the spirit of the original motion.
ii. Amendments may
a) insert or add words or paragraphs
b) strike out words or paragraphs
c) strike out and insert words
d) substitute words, from one word to the entire text of the motion
iii. Handling of amendments
a) A member obtains the floor during debate on a motion
b) The member moves to amend
c) Another member seconds
d) The presiding officer states the proposed amended form of the motion
e) Debate on the amendment
f) The presiding officer puts the amendment to a vote
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5. Putting the motion to a vote
(a) The presiding officer asks “Is there any further discussion?” If no one claims the floor, then the
chair announces the exact motion. If there is any possibility of confusion, the chair should explain
the effect of a yes vote and the effect of a no vote.
(b) The presiding officer announces the form of the vote, in accordance with section L below.
(c) The presiding officer calls for the affirmative vote
(d) The presiding officer calls for the negative vote
(e) The presiding officer announces the result of the vote
K. Other Useful Motions
Motions other than main motions are available and members are encouraged to consult The Standard Code of
Parliamentary Procedure (2001) for further information. Some of the more useful motions available are
summarized in the table appearing in part II of the appendix.
L. Improper Motions
1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law.
2. A motion is out of order if it proposes action outside the legal scope of PRAB.
3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated
by the existing parliamentary situation or if it is absurd in substance.
M. Principal Rules Governing Motions
The following chart is adopted from The Standard Code of Parliamentary Procedure (2001):
category precedence motion interrupt second vote
Privileged
1 Adjourn no yes majority
2 Recess no yes majority
3 Question of privilege yes no none
Subsidiary
4
Postpone temporarily
(table) no yes
majority, 2/3 if suppresses debate on the
motion
5 Close debate no yes 2/3
6 Limit debate no yes 2/3
7 Postpone to a certain time no yes majority
8 Refer to committee no yes majority
9 Amend no yes majority
Main
10 Main motion no yes majority
10 Amend a previous action no yes majority
10 Ratify no yes majority
10 Reconsider yes yes majority
10 Rescind no yes majority
10 Resume consideration no yes majority
Incidental
Motions
NA Appeal yes yes majority
NA Suspend rules no yes 2/3
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NA Consider informally no yes majority
Incidental
Requests
NA Point of order yes no none
NA Parliamentary inquiry yes no none
NA Withdraw a motion yes no none
N. Voting
1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to:
disposal of park lands
expenditure or appropriation from the permanent park and recreation fund
grant or denial of any license or permit in or on park lands
review of the budget
recommendations on the budget
2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis
of the roll as determined by the presiding officer subject to appeal.
3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the
members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section
159.
4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a
show of hands.
5. If a PRAB member is present and refuses to vote, the member’s vote shall be recorded in the affirmative.
No member is excused from voting except on approving minutes of a meeting that the member did not
attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f).
VIII. OTHER MEETINGS
PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB
by a majority vote on a motion – the motion shall include the time and place of the meeting. Such meetings
are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be
study meetings with city staff, PRAB working meetings without staff, or other forms as needed.
IX. PARLIAMENTARY PROCEDURE
Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by The
Standard Code of Parliamentary Procedure (2001).
X. AMENDMENT
Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to
the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended
by PRAB by an affirmative vote of four members.
XI. REVIEW
At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of
PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules,
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and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory
quotations, should also be made by PRAB in cooperation with the City Attorney’s Office at that time.
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PART THREE: APPENDIX
I. BRC CODE OF CONDUCT
Chapter 2-7: Code of Conduct
2-7-1 Purpose, Legislative Intent and Findings.
(a) Purpose: The purpose of this chapter is to protect the integrity of city government by:
(1) Defining and forbidding certain conflicts of interest that if left unchecked tend to compromise
the ability of elected and appointed public officials and public employees to perform their duties
without improper financial influence.
(2) Defining and discouraging certain actions that may create an appearance of impropriety that
undermines public trust in the accountability and loyalty of elected and appointed public
officials and employees.
(3) Protecting the integrity of city government by providing standards of conduct and guidelines
for elected and appointed public officials and public employees to follow when their private
interests as residents conflict with their public duties.
(4) Fostering public trust by defining standards of honest government and prohibiting the use of
public office for private gain.
(b) Legislative Intent: It is the intent of the city council to:
(1) Prohibit public officials and public employees from acting on any matter in which he or she
may have a conflict of interest.
(2) Establish aspirational guidelines to encourage public officials and public employees to avoid
any appearance of impropriety.
(3) Require adherence to any provision of state or federal law that imposes a higher standard of
conduct than this chapter.
(c) Findings: The city council finds and determines that this chapter is necessary to protect the
public health, safety, and welfare of the residents of Boulder.
2-7-2 Conflicts of Interest Prohibited.
(a) Conflicts Prohibited: No public official or public employee shall make or participate in the
making of any official action in which he or she knows or should have known that he or she
would have a conflict of interest.
(b) Disclosure Required: Each public official or public employee shall disclose any conflict of
interest and disqualify him or herself from participating in the relevant action as provided in
section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
2-7-3 Use of Public Office or Confidential Information for Financial Gain.
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(a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a
city board, commission, task force or similar body shall use his or her public office or position
for financial gain.
(b) Use Of Confidential Information For Financial Gain Prohibited: No city council member,
employee, or appointee to a city board, commission, task force or similar body shall use or
disclose confidential information obtained as a result of holding his or her public office or
position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of
any property or entity in which the official or employee has a substantial interest; or gain for
any person or for any entity with whom the official or employee is negotiating for or has any
arrangement concerning prospective employment.
2-7-4 Duty to Maintain the Confidentiality of Privileged Information.
(a) Duty Of A Member Of City Council, Board, Commission, Task Force Or Similar Body: No
city council member or appointee to a city board, commission, task force or similar body shall
disclose privileged or confidential information without a public majority vote granting the
permission of the council or similar body that holds the privilege. The sanction for a member of
the city council, board, commission, task force or similar body shall be censure of the body,
reached by a majority vote of the body, not including the member charged with disclosing such
confidential information.
(b) Duty Of A City Employee: No city employee shall disclose privileged or confidential
information, obtained as a result of holding his or her public office or position, unless the
employee has first received approval by the city manager acting upon the advice of the city
attorney.
2-7-5 Gifts to Officials and Employees.
(a) Gifts Prohibited: No city council member or appointee to a city board, commission, task
force or similar body, or city employee, or relative of such employee or official shall accept
anything of value including, without limitation, a gift, a favor, or a promise of future employment
if:
(1) The official or employee is in a position to take official action with regard to the donor; or
(2) The city has or is known to be likely to have a transactional, business, or regulatory
relationship with the donor.
(b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for
purposes of this section, and it shall not be a violation of this chapter for a person to accept the
same:
(1) Campaign contributions as permitted by law;
(2) An unsolicited, occasional non-pecuniary gift of a maximum amount of $50.00 or less in
value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to
reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the
Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All
Goods, or its successor index;
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(3) A gift from a relative;
(4) An award, publicly presented, in recognition of public service;
(5) Reasonable expenses paid by other governments or governmentally related organizations for
attendance at a convention, fact-finding mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city;
(6) Items which are similarly available to all employees of the city or to the general public on the
same terms and conditions; and
(7) A single unsolicited ticket given to a city council member and valued at not in excess of
$150.00 to attend events open to the public on behalf of the city, such as awards dinners,
nonprofit organization banquets and seminars, provided that:
(A) The ticket is offered only to the council member and has no resale value; and
(B) The ticket is not offered by a commercial vendor who sells or wishes to sell services or
products to the city; and
(C) The ticket is not for a sporting event.
2-7-6 Prior Employment, Outside Employment, and Subsequent Employment.
(a) Prior Employment: No person shall be disqualified from service with the city as an official or
employee solely because of his or her prior employment. Officials and employees shall not take
official action with respect to their former employers for a period of six months from the date of
termination of the prior employment.
(b) Disclosure Of Employment And Other Business Activities: All officials and employees, other
than elected officials, shall report existing or proposed outside employment or other outside
business interests that may affect their responsibilities to the city in writing to their appointing
authorities prior to being appointed or hired. After being appointed or hired, all such people
shall report any changes of employment or changes to outside business interests that may affect
the person's responsibilities to the city, within thirty days after accepting the same. An employee
that has received permission from the city manager may engage in outside employment or
outside business interests.
(c) Disclosure By City Council Members: Members of the city council shall report any change in
their employment status that could give rise to a conflict of interest under this chapter.
(d) Activities That Occur After Termination Of Employment Or Office: No former official or
employee shall seek or obtain employment concerning matters upon which he or she took official
action during his or her service with the city for six months following termination of office or
employment. This provision may be waived by the city council or the city manager.
(e) Participation Of Former Officials Or Employees: No former official or employee shall
appear before, or participate in, a city board, commission, task force or similar body on which
he or she was a member or served directly as an employee concerning any matter or on which he
or she took official action during his or her service with the city for twelve months following
termination of office or employment. This prohibition may be waived by the city council by
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appointment or vote. This prohibition shall not apply to persons who appear before the city in
their capacity as an elected official following termination of their office or employment with the
city.
(f) Participation In Litigation After Termination: No former official shall engage in any action or
litigation in which the city is involved on behalf of any other person or entity, if the action or
litigation involves a matter upon which the person took official action during his or her service
with the city for twelve months following termination of service with the city.
2-7-7 Employment of Relatives.
(a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city
any person who is his or her relative. In the event that an employee is concerned that the
employee's decision to appoint, hire or advocate the appointment or hiring by the city a person
who is the employee's relative may cause an appearance of violating this section, the employee
may request that the city manager make such decision on the employee's behalf. Council-
appointed officers may request the city council to make such an appointment or hiring decision
on their behalf.
(b) The city may enter into transactions with companies, corporations or other business
organizations that employ a relative of a city official or employee, provided that:
(1) The official or employee does not participate in the decision making that leads to hiring the
company, corporation, or other business organization that employs his or her relative; or
(2) The business organization is a publicly-traded corporation that provides its services or
products to the city on nondiscriminatory terms justified by the market facts and circumstances
of each transaction; or
(3) The company, corporation, or business organization has been doing business with the city for
at least one year prior to the date the city official's or employee's relative became employed by
the company, corporation or other business organization, and the city official's or employee's
relative is not directly employed upon matters involving the city and does not have his or her
compensation tied in any manner to the success of the company, corporation, or other business
organization, or its ability to obtain business or earn compensation from the city.
2-7-8 Representing Others Before the City Prohibited.
(a) City Council Members Barred From Representing Others: No city council member shall
appear on behalf of himself or herself, or another person, before the city council or any city
board, commission, task force or similar body. A city council member may be affiliated with a
firm appearing on behalf of or employed by another person concerning any transaction with the
city before such a body if the council member discloses the situation and recuses himself or
herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
(b) Board, Commission Or Task Force Members Barred From Representing Others: An
appointee to a city board, commission, task force or similar body may appear or be affiliated
with a firm appearing concerning any transaction with the city under the following
circumstances:
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(1) An appointee may appear on his or her own behalf before the body of which he or she is a
member to represent his or her personal interests, if the appointee discloses the situation and
recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure,"
B.R.C. 1981, or before the city council;
(2) An appointee may appear on behalf of another person before any city body except the city
council or the body of which the appointee is a member;
(3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by
another person concerning any transaction before the body of which the appointee is a member
unless the appointee discloses the situation and recuses himself or herself pursuant to Section 2-
7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.
(c) City Employees Barred From Representing Others: No city employee shall appear on behalf
of or be employed by another person concerning any transaction with the city or before the city
council or any city board, commission, task force or similar body. An employee may appear
before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or
child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing
additional policies and regulations to prevent conflicts of interest between city employees and
the city.
(d) City Council Members And Municipal Court: No city council member who is an attorney
shall appear on behalf of or be employed by another person or be affiliated with a firm
appearing on behalf of or employed by another person concerning any matter before the
municipal court.
(e) City Employees And Municipal Court: No city employee who is an attorney shall appear on
behalf of or be employed by another person or be affiliated with a firm that appears on behalf of
or is employed by another person concerning any matter before the municipal court. A non-
attorney employee may appear before the municipal court on his or her own behalf, and an
employee other than a municipal court judge may appear on behalf of such employee's spouse,
parent, or child to the extent otherwise allowed by law. This authority is intended to allow
employees to assist family members in matters before the municipal court to the extent permitted
by law but not to promote the unauthorized practice of law.
(f) Board, Commission, Or Task Force Member And Municipal Court: An appointee to a city
board, commission, task force or similar body may appear before the municipal court and may
be affiliated with a firm appearing before the municipal court.
(g) Consent To Sue: No city council member or appointee to any city board, commission, task
force or similar body shall be a party or by himself or herself or as an affiliate of a firm appear
on behalf of a party in a civil law suit in which the city is an adverse party, unless the member or
appointee first obtains the consent of the city council.
Ordinance No. 7517 (2007)
2-7-9 Appearances of Impropriety Discouraged.
(a) These guidelines are intended to establish ethical goals and principles to help city council
members, employees, and appointees to a city board, commission, task force or similar body to
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determine if their actions may cause an appearance of impropriety that will undermine the
public's trust in local government.
(b) Violations of this section shall not constitute a violation of this chapter. Compliance with this
section will not constitute a defense for violation of another subsection or section of this chapter.
(c) A city council member, employee, or appointee to a city board, commission, task force or
similar body who determines that his or her actions may cause an appearance of impropriety
should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10,
"Disclosure and Recusal Procedure," B.R.C. 1981, in the following circumstances:
(1) If the person is an employee of a state or federal government entity with a substantial interest
in any transaction with the city;
(2) If the person has a close friend with a substantial interest in any transaction with the city,
and the council member, appointee, or employee believes that the friendship would prevent such
person from acting impartially with regard to the particular transaction;
(3) If the person has an interest in any transaction with the city that is personal or private in
nature that would cause a reasonable person in the community to question the objectivity of the
city council member, employee, or appointee to a city board, or commission;
(4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of
the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or
(5) If the person owns or leases real property within six hundred feet from a parcel of property
that is the subject of a transaction with the city upon which he or she must make a decision, and
is not required to receive official notice of a quasi-judicial action of the city. (Ordinance No.
7453 (2006))
2-7-10 Disclosure and Recusal Procedure.
(a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7-
2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail
to give written notice of the interest described in such subsection to the city council or the city
board, commission, task force or similar body of which the person is a member and the city
manager as soon as reasonably possible after the interest has arisen. However, no written notice
is required if such person discloses the conflict of interest on the record of a public meeting of
the city council or the city board, commission, task force or similar body of which the person is a
member. The interested council member, employee, or appointee shall thereafter:
(1) Refrain from voting upon or otherwise acting in an official capacity in such transaction;
(2) Physically absent himself or herself from the room in which a matter related to such
transaction is being considered; and
(3) Not discuss any matter related to such transaction with any other member of the council,
board, commission, task force, or similar body of which the person is a member.
(b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council
and any city board, commission, task force or similar body may order recusal of one of its
Page 28 of 41
members if that member has an obligation to do so under this chapter and has failed to do so.
Such an order is valid if reached after majority vote of the members of the body, not including
the member whose recusal is sought, based on competent evidence.
2-7-11 Enforcement.
(a) Violations Prohibited: No person shall violate the requirements of this chapter.
(b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the
following:
(1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city
attorney may initiate an investigation of any city employee, other than those directly reporting to
the city council, if facts are alleged to the city manager in any form that, if true, would constitute
a violation of the provisions of this chapter.
(2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city
employee may initiate an investigation of any city council member, employee, or appointee to a
city board, commission, task force or similar body by filing a sworn statement with the city clerk
setting forth facts which, if true, would constitute a violation of a provision of this chapter.
(3) Complaints Initiated By The City Council: The city council may initiate an investigation of
any of its employees, and of any city council member or appointee to a city board, commission,
task force or similar body if facts are alleged to the council that, if true, would constitute a
violation of the provisions of this chapter.
(c) Investigation Of A Complaint: The city manager (for city employees) or the city council (for
all others) shall request the city attorney to conduct an investigation regarding a violation of this
chapter. The city attorney may request that the city council appoint special counsel to investigate
and prosecute any case that may cause the city attorney to have a conflict of interest or may
cause an appearance of impropriety under the provisions of this chapter, or may violate any rule
regarding professional responsibility.
(d) Response To All Complaints Required: A public official or body, or appointee thereof,
conducting an investigation pursuant to subsection (b) of this section shall prepare written
findings of fact and conclusions of law in response to all complaints that shall be made available
to the public upon completion of the investigation. The response may include a finding that the
complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment.
(e) Limitations: No action may be taken on any complaint that is filed later than twelve months
after discovery of the facts supporting an allegation that a violation of this chapter occurred.
2-7-12 Sanctions and Remedies for Violation.
(a) Transactions Voidable: If a transaction including but not limited to a contract or sale is
consummated contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council
may void the transaction.
Page 29 of 41
(b) Removal By City Council: The city council may remove any of its employees and any member
of a city board, commission, task force or similar body that it finds has willfully violated any
provision of this chapter.
(c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7-
11, "Enforcement," B.R.C. 1981, finds that a city council member or an appointee to a city
board, commission, task force or similar body, or employee has violated any provision of this
chapter, the investigator shall provide its findings and recommendations to the city manager or
city council, as appropriate, who or which in turn may take any of the following actions:
(1) In the case of a city council member, a motion of censure;
(2) In the case of a city employee, a motion for censure or a recommendation that the employee's
appointing authority consider disciplining or discharging the employee;
(3) Removal as provided in subsection (b) of this section; or
(4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve
that any person or entity causing, inducing, or soliciting a public official or public employee to
violate this chapter may not be involved in any transaction with the city, including but not
limited to the award of any city contract, grant, loan or any other thing of value for a period of
twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or
forfeited.
(d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the
District Court in and for the County of Boulder for equitable relief to enforce the provisions of
this chapter upon a showing of willful violation of any provision of this chapter. Before filing
such an action, the person shall present the claim to the city attorney to investigate in
accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special
council shall have sixty days to act thereon. No civil action in district court pursuant to this
subsection may be commenced later than twelve months after a violation of this chapter is
alleged to have occurred.
(e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the
city attorney, acting on behalf of the people of the city, may prosecute any violation of this
chapter in municipal court in the same manner that other municipal offenses are prosecuted.
(f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council
member, employee, or appointee to a city board, commission, task force or similar body obtained
an advisory opinion pursuant to section 2-7-13, "Advisory Opinions and Outside Counsel
Appointment," B.R.C. 1981, and was acting in accordance with the advice provided thereby.
2-7-13 Advisory Opinions and Outside Counsel Appointment.
(a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or
appointee to a city board, commission, task force or similar body may request an advisory
opinion of the city attorney whenever a question arises as to the applicability of this chapter to a
particular situation. The city attorney's advisory opinion may provide a specific defense from
prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation," B.R.C. 1981.
Page 30 of 41
(b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the
city attorney may appoint a neutral outside counsel to assist in resolving the issue.
2-7-14 Exemptions From Chapter.
Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board,
commission, task force or similar body who appears before any such body to urge action on a
policy or issue of a general civic nature or to the relationship between the city council, the city,
and a general improvement district. Participation in an improvement district shall not, in and of
itself, constitute a conflict of interest for a city council or improvement district advisory
committee decision concerning the district.
2-7-15 Definitions.
"Affiliated with" means an employee, partner, agent, stockholder, joint venturer, or corporate
director of any business organization or a person who shares office space with such
organization.
"Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support or
oppose the position of another person.
"Conflict of interest" shall mean any situation in which a city council member, an appointee to a
city board, commission, task force or similar body, or a city employee:
(a) Has a substantial interest in any transaction with the city;
(b) Has a relative with a substantial interest in any transaction with the city;
(c) Has a substantial interest as an affiliate of a firm with a substantial interest in any
transaction with the city;
(d) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a
person with a substantial interest in any transaction with the city;
(e) Is an officer of an organization that has taken an official position on any transaction with the
city;
(f) Is on the board of directors of an organization that is substantially affected by a transaction
with the city;
(g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial
interest in any transaction with the city; or
(h) Is required to receive official notice of a quasi-judicial action from the city.
"Employment" means providing personal services as an employee or an independent contractor,
with or without consideration.
"Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing
of value, rendering or deposit of money, which is transferred to a donee directly or in trust for
his or her benefit. "Gift" shall not include campaign contributions as permitted by law.
Page 31 of 41
"Official action" means any legislative, administrative, or quasi-judicial act of any public
official or employee including, without limitation, participation in, or influence of, the decision-
making process leading up to a vote or final determination.
"Public employee" or "employee" means any person holding any paid position of employment
with the city, but shall not include consultants or contractors who have independent control over
their work product.
"Public official" or "official" means any person holding a position with the city by election and
any person holding a position as an appointee of the city council or the city manager serving on
any city board, commission, task force or similar body.
"Relative" means any person related to a public official or an employee by blood, marriage or
adoption, through the second degree of consanguinity, including, without limitation, the
following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters,
brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and
nieces. A separation between spouses shall not be deemed to terminate relationships described
above which exist only because of marriage.
"Substantial interest" means a situation, including, without limitation, a financial stake in the
outcome of a decision in which, considering all of the circumstances, would tend to influence the
decision of a reasonable person faced with making the same decision.
"Transaction" means a contract of any kind; any sale or lease of any interest in land, material,
supplies, or services; or any granting of a development right, any planning, zoning or land use
or review process that may precede granting of a development right, license, permit, or
application. A transaction does not include any decision which is legislative in nature that
affects the entire membership of a class or a significant segment of the community in the same
manner as the affected official or employee.
Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived from
Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442.
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II. City Attorney’s March 30,2007 Report entitled “Summary of Important Legal Responsibilities for
Board Members and Commissioners
March 30, 2007
CITY BOARDS AND COMMISSIONS
Boulder, Colorado
RE: Summary of Important Legal Responsibilities for Board
Members and Commissioners
Dear City Board Members and Commissioners:
I would like to offer my personal thanks for your willingness to
serve the Boulder community. Public service in Boulder’s form of “home
rule” local government can be very rewarding. It can be challenging as
well. Robust public engagement in civic affairs is an essential hallmark
of Boulder. The Colorado pioneers who created home rule had a deep and
abiding mistrust of distant, secretive government because of the
corruption often bred in that environment. As a result, the City of
Boulder conducts all of its business in the bright sunshine of public and
media scrutiny. Our behavior as public officials, public employees, and
board and commission appointees becomes the example by which the quality
and character of Boulder's local governance is judged. I have great pride
in this city’s commitment to open, ethical, and responsive government. I
know you will join me in feeling a sense of stewardship for the qualities
that make Boulder one of the truly great American cities.
This report summarizes some important city and state laws that
govern how you must conduct yourself as a Boulder board or commission
appointee. These laws create rules to protect the public’s trust in local
government. But they are more than rules – these laws truly define the
essentials of responsive and effective local governance.
Page 33 of 41
This report is organized into six sections which discuss the
following topics:
The Basics of Colorado “Home Rule” Government
Voting Rules for Boards and Commissions
Boulder’s Conflict of Interest Law
Sunshine Laws: Open Meetings and Open Records
Special Constitutional Rules for Quasi-Judicial Hearings
Rules on Removal from Board or Commission Positions
A final caveat is necessary. This report is meant as a brief
summary of some very complex issues. You should not treat this report as
authoritative legal advice that is binding upon the city. If you have
additional questions, please feel welcome to contact me or your board’s or
commission’s assigned assistant city attorney for further information at
(303) 441-3020. Please recognize, however, that the City Attorney’s
Office represents the city as a corporate entity. We are not able to
represent you as an individual in a confidential attorney-client
relationship. We can and do, however, provide legal advice to the
Council, city staff, and boards and commissions on city business.
Moreover, you are entitled to receive non-confidential individual advice
from this office on conflict of interest matters that arise during your
service with the city.
Respectfully submitted,
ARIEL PIERRE CALONNE
City Attorney
APC:lh
cc: City Council
Frank W. Bruno, City Manager
Page 34 of 41
1. The Basics of Colorado “Home Rule” Government.
“The powerful corporate interests engaged in the
exploitation of municipal franchises are securely
entrenched behind a series of constitutional and legal
checks on the majority which makes it extremely
difficult for public opinion to exercise any effective
control over them.”1
Between the Civil War and the early twentieth century, municipal
governments were considered “creatures” of the state. Cities had only
those few and limited powers that were granted by state legislation.
During the same period, the Fourteenth Amendment – which was intended to
assure Constitutional protection for freed slaves – was interpreted to
extend a wide array of rights to corporations. It is perhaps not
coincidental that several leading jurists of the day (and the leading
municipal law scholar) were former railroad corporation lawyers.2
Powerful railroads and weak cities lead to widespread
legislative corruption. In an attempt to control cutthroat and
monopolistic railroad business practices, Colorado established a Railroad
Commissioner in 1885. The legislature promptly failed to fund the office,
and it was abolished in 1893. A three member Railroad Commission (the
precursor to today’s Public Utilities Commission) was established in 1907,
but didn’t begin its work until 1910 as a result of extensive railroad
litigation.3
Finally, in 1904, Colorado dramatically changed the balance of
power between cities and the state by giving the City of Denver “home
rule” authority. Home rule powers are developed by and founded upon the
will of municipal voters. The voters organize their municipal corporation
around a “charter” which describes and limits the powers of the city
government. Rather than being a “creature” of the state, a home rule
city’s power over “local affairs” is paramount to state law. Boulder
adopted its first charter in 1917.
Today, Colorado home rule cities remain vigilant to protect home
rule power from intrusion by the state legislature. Areas such as zoning,
control of streets and wildlife, and public finance face regular
1 J. Allen Smith, LL.B., Ph.D., The Spirit of American Government, p.289
(1911); The Chautauqua Press, Chautauqua, New York.
2 In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F.
Dillon authored “Dillon’s Rule.” This rule held that cities have only
those powers expressly granted by the state or necessarily implied as
essential to the purposes declared by the state.
3 The CoPUC website has a nicely done history at
http://www.dora.state.co.us/puc/about/AboutHistory.htm
Page 35 of 41
challenges from interest groups which would prefer to have uniform state
control. Home rule power must also be protected for the people who have
vested local control in Boulder’s city government. Many of the laws
discussed below are aimed at maintaining the open and ethical foundation
of Boulder’s home rule powers.
2. Voting Rules for Boards and Commissions.
Boulder’s general rules concerning boards and commissions are in
Chapter 2-3 of the Boulder Revised Code 4. The first important rule is that
three affirmative votes are required for any action of a board or
commission of five members. There a few major exceptions: Four
affirmative votes are required for any action of the Planning Board and
for any action of the Parks and Recreation Advisory Board to dispose of
park land or to appropriate funds from the Permanent Parks and Recreation
Fund. If members are absent, it may be necessary to re-hear a matter so
that it is possible for the entire board or commission to vote. This
makes it particularly critical that board and commission members attend
every meeting if possible, in order to give applicants a fair opportunity
for a timely decision.
Board members and commissioners are not permitted to abstain
from voting. An “abstention” is a refusal to vote, despite being present
and qualified to do so. Section 2-3-1(f), B.R.C. 1981 states that if a
member is present but refuses to vote, the member’s vote: “Shall be
recorded in the affirmative.” The only exceptions are approval of minutes
of a meeting that the member did not attend or if the member was excused
under Chapter 2-7-2 “Conflicts of Interest Prohibited,” B.R.C.1981, or on
consideration of such member’s conduct in the business of the board or
commission.
The general provisions of the code, reflecting Section 130 of
the Charter, provide for election of officers of each board and commission
by the board or commission, minutes and summaries, taping of meetings,
application of Robert’s Rules of Order, Newly Revised (1990), unless the
board or commission adopts other rules of the procedure.
4 We cite references to the Boulder Revised Code as “B.R.C. 1981” which
signifies that last major revision and reorganization of the code back in
1981. A searchable version of the code is available online at
http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=3
30&Itemid=204
Page 36 of 41
3. Boulder’s Conflict of Interest Law.
Conflicts of interest are prohibited in Chapter 2-7-2 B.R.C.
1981.5 Basically, the code requires public officials and employees not to
participate in any decision which could affect them or a member of their
immediate family financially. The law works by defining city
“transactions” in which an official or employee might have a “substantial
interest.” A “substantial interest” means:
“. . . a situation, including, without limitation, a financial
stake in the outcome of a decision in which, considering all of
the circumstances, would tend to influence the decision of a
reasonable person faced with making the same decision.” Section
2-7-15, B.R.C. 1981.
Although the rule creates an objective standard (“reasonable person”),
there is no set dollar amount that determines when a conflict arises.
Thus, in interpreting the law the City Attorney’s Office evaluates all of
the facts and circumstances surrounding the decision. Legal advice is
only binding with respect to the facts upon which it is based. This means
that board members or commissioners are required to disclose personal
financial information when a conflict issue arises. This can include
sources of income, investments, real estate interests, debts, and loans.
While this kind of disclosure is admittedly intrusive, it is necessary for
legal advice and required by the municipal code.
When a conflict exists, the board or commission member must
“disclose and recuse.” This is the process of publicly declaring the
nature of the conflict and refraining from voting or otherwise
participating in the decision making process in any manner. The process
of public disclosure may be uncomfortable for some people, but it is
required because it provides explicit reassurance to the community that
corrupting influences are not at work. The actual code describes the
“disclose and recuse” rules as follows:
“a) Disclosure and Recusal: No person with a conflict of
interest . . . shall fail to give written notice of the
interest described in such subsection to the city council or the
city board, commission, task force or similar body of which the
person is a member and the city manager as soon as reasonably
5 The city is exempt from the requirements of the recently-approved
initiative known as “Amendment 41,” which would be codified in a new
Article XXIX of the Colorado Constitution. Section 7 of Amendment 41
states: “The requirements of this article shall not apply to home rule
counties or home rule municipalities that have adopted charters,
ordinances, or resolutions that address the matters covered by this
article.”
Page 37 of 41
possible after the interest has arisen. However, no written
notice is required if such person discloses the conflict of
interest on the record of a public meeting of the city council
or the city board, commission, task force or similar body of
which the person is a member. The interested councilmember,
employee, or appointee shall thereafter:
(1) Refrain from voting upon or otherwise acting in an official
capacity in such transaction;
(2) Physically absent himself or herself from the room in which
a matter related to such transaction is being considered; and
(3) Not discuss any matter related to such transaction with any
other member of the council, board, commission, task force, or
similar body of which the person is a member.” Section 2-7-
10(a), B.R.C. 1981.
If a board or commission member is unsure about whether or not a
conflict of interest exists, the board or commission member is entitled to
consult with a member of the City Attorney’s Office and to request an
advisory opinion on the conflict of interest rules to a particular
situation. Section 2-7-13, B.R.C. 1981. Complying with the City
Attorney’s advice provides a defense from prosecution for violation of the
code. Section 2-7-12(f), B.R.C. 1981.
The city’s conflict of interest law also provides non-binding
ethical guidelines to address the appearance of impropriety that could
arise in some situations. While violation of these rules is not a crime,
the public’s trust can be undermined if these principals are not upheld.
Specifically, the code calls for voluntary recusal in the following
situations:
“(1) If the person is an employee of a state or federal
government entity with a substantial interest in any transaction
with the city;
(2) If the person has a close friend with a substantial interest
in any transaction with the city, and the councilmember,
appointee, or employee believes that the friendship would
prevent such person from acting impartially with regard to the
particular transaction;
(3) If the person has an interest in any transaction with the
city that is personal or private in nature that would cause a
reasonable person in the community to question the objectivity
of the city councilmember, employee, or appointee to a city
board, or commission;
(4) If the person is called upon to act in a quasi-judicial
capacity in a decision regarding any of the situations described
in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or
Page 38 of 41
(5) If the person owns or leases real property within six
hundred linear feet from a parcel of property that is the
subject of a transaction with the city upon which he or she must
make a decision, and is not required to receive official notice
of a quasi-judicial action of the city.” Section 2-7-9, B.R.C.
1981.
4. Sunshine Laws: Open Meetings and Open Records.
Sunshine laws are the tools by which a skeptical public retains
control of the government it has created.6 These laws are monikered
“sunshine” because they were designed to let the sun shine into the
legendary smoke-filled back rooms of government decision-making.
In this context, we use the intentionally provocative term
secret to make clear how the press and public view government actions that
take place in private settings. Secret government decision-making is
problematic for many reasons, most of which are well beyond the scope of
this report. Public decisions help make sure that the voters have a clear
and accurate view of the actions and values of their local elected and
appointed officials. The voters cannot be expected to make wise decisions
on Election Day if they cannot fully evaluate the skills and values of
their elected representatives. Thus, secret decisions fundamentally
undermine the democratic process. These laws also protect the public’s
ability to participate meaningfully in government decision making.
Sunshine laws fall into two major categories: Open meetings,
and open records (or “Freedom of Information”). Boulder is highly unusual
in that the charter has been interpreted to forbid any closed or executive
session of the Council, or any board or commission. This demonstrates the
paramount importance of open government in Boulder.
Notice of Meetings is Required
Section 2-3-1(b)(5), B.R.C. 1981 requires each board or
commission to: “Hold all meetings open to the public, after notice of the
date, time, place, and subject matter of the meeting, and provide an
opportunity for public comment at the meeting.” This requires at a
minimum that boards and commissions provide twenty-four hour specific
notice of each meeting by posting a copy of the meeting agenda in the
6 While the rules discussed in this report are designed to protect the
public’s ability to trust local government, it is important to recognize
that skepticism about government is not necessarily an indicator of
failure. Indeed, skepticism should be respected as it is a measure of the
public’s engagement in their civic affairs. As public officials, we
answer skepticism by openness, honesty, hard work, and demonstrated
competence. Public trust is earned by daily dedication to these core
values.
Page 39 of 41
lobby of the Municipal Building and electronically. Agendas for regular
board and commission meeting are published in the Daily Camera as well.
Avoid Private Discussions and Casual Meetings
The state open meetings laws, as well as our consistent
interpretation of Section 2-3-1, B.R.C. 1981, require that if three or
more members of a board or commission meet at any time and discuss public
business, notice must be given of such meeting, and the meeting must be
open to the public. If a chance meeting occurs, such as at a social
event, the members of the board or commission must not discuss public
business. One-on-one communication about public business between members
of a board or commission is permitted.
It is important to recognize that a meeting of three or more
members may not necessarily have to happen in the same time and place. In
other words, a face-to-face meeting is only one way for potentially
unlawful action to occur. “Serial” meetings in which decisions are made
as one official garners support and commitment for certain actions from
several of his or her colleagues, one-by-one, are problematic as well.
State law specifies that three or more elected officials
communicating by e-mail constitutes a public meeting, and all such
communications are to be copied to the Hotline e-mail address. While not
explicitly required by the state law, we advise similar caution for boards
and commissions because a court could find such an electronic
communication to constitute an illegal meeting. Use of one-on-one
telephone or fax communications is a better idea, since the risk of
forwarding is much less, and thus the risk of an illegal meeting can be
more easily avoided.
5. Special Constitutional Rules for Quasi-Judicial Hearings.
The Constitution requires certain city decision-making processes
to follow court-like procedures. These procedures assure a fair and
thoughtful decision that protects the individual rights involved. The
procedures also assure that affected persons have notice of the potential
action and an opportunity to be heard before the decision is made. These
are called “quasi-judicial” hearings.
A quasi-judicial hearing calls for a determination of facts
based upon evidence presented during a hearing. Chapter 1-3, “Quasi-
Judicial Hearings,” B.R.C. 1981, specifies all of the details of handling
procedural and evidentiary issues at such hearings. Special notice
requirements apply, and particular notice requirements are imposed for
certain matters, such as land use and liquor license proceedings. Quasi-
judicial hearings may give rise to an appeal to district court.
Page 40 of 41
Board members and commissioners should be aware that the city’s
quasi-judicial procedures include the following requirements:
Specific, mandatory rules for advance notice by mail or
publication;
Testimony must be taken under oath or by affirmation;
Oral and documentary evidence are allowed;
Cross-examination is allowed if requested;
Some evidentiary rules (although less stringent than those
used in court); and
Written findings of fact and conclusions of law.
No Ex Parte Contacts
A fair hearing requires the decision to be made upon the basis
of evidence that all have heard, and all have had a chance to challenge.
This means that the substance of all material contacts (conversations,
site visits, etc.) outside of the hearing, dealing with the subject matter
of the decision, must be disclosed on the hearing record, and that an
opportunity be given for comment at the hearing if the material is to be
considered in any way by the board or commission. The City Attorney’s Office recommends that board and commission members avoid all such ex
parte discussions outside of the hearing in order to avoid problems of
disclosure under Section 1-3-6 (“Ex Parte Contacts,”) B.R.C. 1981. In the
alternative, whenever an ex parte contact cannot be avoided, we recommend
that careful notes be kept of any communications so that they can be
disclosed in detail. We also advise that such disclosure be made whether
or not the board or commission member intends to actually rely upon the
communication, so that no allegation to the contrary can ever be made.
Board and commission members should also avoid site visits guided by an
applicant or other interested party whenever possible, to avoid any chance
of improper influence on a decision. The easiest way to disclose
information is to compare what was said to the written agenda materials
and then to disclose anything that was said that is not contained in the
agenda materials.
6. Rules on Removal from Board or Commission Positions.
The Charter provisions concerning boards and commissions
generally are contained in Section 130, “General Provisions Concerning
Advisory Commissions.” Section 130 provides that: “The Council shall have
the power to remove any commissioner for non-attendance to duties or for
cause.” “Non-attendance to duties” clearly includes unexcused meeting
absences, and can include other kinds of failures to attend to duties.
The Council has relatively broad authority to address inappropriate
conduct by board members and commissioners.
Page 41 of 41
The Charter contains more specific provisions dealing with
specific boards. The provisions concerning the Planning Board, contained
in Section 74, are slightly more detailed with regard to removal by the
council for cause: “The Council shall remove any appointed member who
displays lack of interest, or fails, upon due notice, and continuously for
three months, to attend meetings of the board without formal leave of
absence.”
The provisions for the Parks and Recreation Advisory Board
contained in Section 158 are similar: “The Council may remove any board
member who displays lack of interest or who fails to attend board meetings
for three consecutive months without formal leave of absence.”
Finally, the provisions concerning the Open Space Board of
Trustees are quite general. Section 173 provides only that: “Five members
of the Council may remove any board member for cause.”
Council has codified the absence rule at Section 2-3-1, B.R.C.
1981: Failure to attend three consecutive regularly scheduled meetings
without a leave approved by a majority of the board is grounds for Council
to remove a member.
To summarize, any unexcused period of absence in excess of three
regularly scheduled meetings can result in termination of membership on a
board or commission. However, the Council retains the power to remove a
board or commission member for absences of a shorter period and for causes
other than absence from board or commission meetings.
◊◊◊◊◊
1
PROCEDURAL RULES
OF THE
PARKS AND RECREATION ADVISORY BOARD OF THE
CITY OF BOULDER, COLORADO
Adopted on April 8, 1996
(amended July 2000)
Pursuant to the provision of Section 159 of the Charter of the City of Boulder and Section
2-3-1, B.R.C. 1981, the Parks and Recreation Advisory Board of the City of Boulder adopts the
following rules governing the general conduct of its business.
In handling routine business the Board may, by general consent, use more informal
procedure than that set forth in these rules. Any rule may be suspended at any time by an
affirmative vote of four members of the Board taken at a meeting open to the public.
I. SCOPE OF RULES
A. PROCEDURES GOVERNED. These rules govern the procedures of the Parks
and Recreation Advisory Board of the City of Boulder, Colorado, with respect to
all matters entrusted to the Board by the City Charter, the City Council, or by
ordinance or resolution of the City of Boulder. These matters include, but are not
limited to, recommendations to City Council concerning disposal of park land,
expenditures or appropriations from the Permanent Parks and Recreation Fund,
grant or denial of any license or permit in or on park lands, protection and
maintenance of park lands, the parks and recreation proposed budget, and any
additional parks and recreation matters upon which our Board=s advice or
approval is requested.
Sec. 162 and 163 of the Charter of the City of Boulder address more
specifically the binding nature of the Parks and Recreation Advisory Board’s
recommendation regarding disposal and acquisition of park properties.
B.EFFECTIVE DATE. These rules shall take effect on July 24, 2000, and thereafter
Attachment B
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all prior rules or regulations of the Board in conflict therewith shall be repealed
and of no further force or effect. A copy of these rules shall be placed on file in
the central file of the City and shall be available to the public.
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II. OFFICERS OF THE BOARD
A. OFFICERS. The Board shall select a Chair and a Vice Chair from among its
members to serve for one year. The Director or the Director’s designee shall be
Secretary to the Board.
B. DUTIES OF THE CHAIR. The Chair is responsible for conducting the Board’s
meetings in an orderly and fair manner and assuring that minority opinion may be
expressed and that the majority is allowed to rule. The Chair shall decide all
points of order or issues of procedure unless otherwise directed by a majority of
the Board in session at that time. The Chair shall determine items to be placed on
the agenda of any regular meeting after consultation with the Director.
C. DUTIES OF THE VICE CHAIR. The Vice Chair shall preside in the absence of
the Chair and shall assume all the duties of the Chair. In the event that both the
Chair and the Vice Chair are absent at a meeting, an acting Chair shall be selected
by a majority vote of those members present at the meeting.
D. DUTIES OF THE PARKS AND RECREATION DIRECTOR. The Parks and
Recreation Director or designee shall serve as Secretary to the Board and shall be
the regular technical advisor of the Board and shall present all agenda items to the
Board, and shall generally supervise the clerical work of the Board.
The Secretary shall prepare the Agenda, keep or cause to be kept a full and
true record of all meetings of the Board; shall be the custodian of all documents
and written materials belonging to the Board, and shall issue notices of meetings
and calls for special meetings as previously provided.
E. NOMINATIONS AND ELECTIONS. Nominations for Chair and Vice Chair are
made each year at the first meeting following City Council appointments to the
Board. The Chair will be elected prior to nominations for Vice Chair.
Nominations are made orally. No second is required, but the consent of the
nominee shall have been obtained in advance. Any person so nominated may
withdraw his or her name from nomination. Silence by a nominee shall be
interpreted as acceptance of candidacy. A motion shall be made and seconded to
4
close the nominations and acted upon as any motion. The voting is accomplished
by the raising of hands unless there is only one nomination and a unanimous vote
for the candidate. The names shall be called in alphabetical order or reverse
alphabetical order depending upon a flip of a coin by the Secretary, who shall
thereafter alternate the order for all further election ballots during the same
meeting. The first candidate for each position receiving four or more votes is
elected. In case a vacancy shall occur in any of the offices, an election to fill the
vacancy may be held at the next regular meeting.
CONDUCT OF BOARD MEETINGS
MEETINGS
A. REGULAR MEETING. The regular meeting shall be held monthly, generally the
fourth Monday of the month, in Council Chambers. Additional meetings to be
scheduled are board tours, study sessions and subcommittee meetings. Any
meeting involving three or more board members must be publicized in
advance.
B. SPECIAL MEETINGS. Special meetings may be called at any time by three
members of the Board. This is done by submitting a written request to the
Director stating the reason for the special meeting at least 48 hours in advance of
the proposed meeting. The Director will notify the Board members, giving them
the 24-hour notice required in the Charter and will provide as much public notice
as practicable under the circumstances.
C. QUORUM. A quorum shall be four members of the Board.
AGENDA
The printed agenda is distributed to Board members no later than four days preceding the Board
meetings, whether regular, special or continued meetings. Notice shall be given of all agenda
items by publication of the title or a general description thereof in the Boulder Daily Camera on
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the weekend preceding the Board meeting. Notice shall not be necessary when items are adopted
by emergency. A majority of the Board present at a meeting by motion and vote may determine
that an item qualifies as an emergency. Items for the Board agenda may be submitted by Board
members, City Council members, the City Manager’s office, department heads of the City and
by citizens. Items to be considered must be submitted in writing to the office of the Director by
noon Monday no later than two weeks prior to the regular meeting. The Chair shall determine the
items to be placed on the Agenda of any regular meeting after consultation with the Director.
The Agendas of special meetings shall be set by those members of the Board calling the meeting.
Additionally, by concurrence of four or more members of the Board, the Board may direct
preparation of a matter for the Agenda or may request staff to expend substantial time on any
matter. The Chair sets the order of the Agenda, which shall generally be as follows:
I. APPROVAL OF THE AGENDA (6 p.m.). Items will generally not be added but may be
added or deleted with the consent of the Chair
II. APPROVAL OF MINUTES Minutes of the previous meeting must either be read and
approved or approved as made available beforehand. Opportunity must be given in either
case to correct the minutes before approval, and the approval is then as corrected.
III. CITIZEN PARTICIPATION The Board’s goal is to start Citizen Participation at 6:05
p.m. sharp. In any event Citizen Participation will not be closed prior to 6:15 p.m. This
portion of the meeting is provided for citizens to communicate ideas or concerns to the
Board regarding parks and recreation issues which are not related to Items for Action.
IV. ITEMS FROM THE DIRECTOR
V. ITEMS FROM THE BOARD
VI. ITEMS FOR ACTION
VII. RECESS At any time during the Agenda, the Chair may declare a recess until a specified
time.
VIII. ITEMS FOR DISCUSSION/INFORMATION No final decision may be made under this
item, or under A or B below until after an allowance for citizen participation is made.
Proposed decisions are announced by the Chair prior to opening Citizen Participation to
allow for public testimony, board questions, staff response, board motion, consideration
and debate and an informed final decision.
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IX. UPCOMING BOARD MEETINGS AND DATES
X. NEXT BOARD MEETING
XI. ADJOURNMENT The Board’s goal is that all meetings be adjourned by 8:30 p.m. An
agenda check will be conducted at or about 8 p.m., and generally, absent a deadline
which the Board cannot affect, no new substantial item will be addressed after 8:30 p.m.
III. RULES OF SPEAKING
A. To obtain the floor, a Board member or staff member shall address the Chair.
B. To assign the floor, the Chair recognizes by calling out the person’s name. Only
one person may have the floor at a time. A person shall not speak while another
has the floor. The Chair generally next recognizes the person who first asks for
the floor after it has been relinquished.
C. During citizen participation or public hearings, members of the public are
recognized by the Chair. No person shall make a presentation (not including
Board questions) of more than three minutes, unless given permission by the
Chair before beginning to speak.
D. Each speaker is requested to direct remarks to the Board action which is being
requested. The Chair shall have the authority to interrupt any speaker digressing
from the subject and may ask that points already presented not be repeated.
IV. PROCEDURE IN HANDLING MOTIONS
A. A Board member, after obtaining the floor, makes a motion. (If long or involved,
it should be in writing). The Board member may state reasons briefly before
making the motion; but may argue the motion only after it has been seconded;
and having spoken once may not speak again until everyone who wishes to be
heard has had the opportunity to speak, except to answer questions asked by other
Board members. Having made a motion, a Board member may neither speak
against it nor vote against it.
B. Another Board member seconds the motion. All motions require a second, to
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indicate ", “I am opposed to the motion because..”, etc. Remarks should be
addressed to the Chair.
C. The Chair restates the motion and puts the question. Negative as well as
affirmative votes are taken.
1. If the Chair is in doubt of the result of a voice vote, the Chair may call for
raising of hands or a roll call vote.
2. If any Board member is in doubt of the result of a voice vote, the Board
member may obtain a vote by raising of hands or by roll call by calling for
it (without need to be recognized by the Chair).
3. In case of a tie vote, the motion is lost.
D. The Chair announces the result. The motion is not completed until the result is
announced.
V. VOTING
Voting ultimately decides all questions. A roll call vote is required for any matter
relating to the acquisition or disposal of land and the adoption of the Capital
Improvements Program budget. For other items, the Board may use any one of the following
ways of voting:
A. Voice Vote. All in favor say “aye”, and all opposed say “no”. The Chair rules
on whether the “ayes” or the “nos” predominate, and the question is so decided.
B. Raising of Hands. All in favor raise their hands, and then all opposed raise their
hands. The Chair decides which predominates and notes dissents for the record.
C. Roll Call. The Secretary calls the roll of the Board members, and each member
present votes “aye” and “no” as each name is called. The roll is called in
alphabetical order, with the following special provision: on the first roll call vote
for the meeting, the Secretary shall begin with the first name on the list; on the
second vote, the Secretary shall begin with the second and end with the first; and
so on, continuing thus to rotate the order. This rotation shall continue from
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meeting to meeting.
VI. STUDY SESSIONS
Materials for study sessions generally will be made available to the Board and the public
at least ten days before the date of the study session. Notice will be given as for other Board
meetings. Written comments received by staff prior to study sessions will be forwarded to all
Board members at the study session. Testimony of persons other than staff is not permitted at
study sessions unless a majority of members present vote to suspend this rule. The Board shall
give direction to staff at study sessions for the presentation of action items at future regular Board
meetings. In regard to public notice and minutes of the study session, they shall be handled in the
same manner as regular meetings.
VII. PARLIAMENTARY PROCEDURE
Except as otherwise provided herein, all matters of procedure are governed by Robert’s
Rules of Order Newly Revised (1981).
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
PRAB Meeting Procedures
and Expectations
October 22
Attachment C
•Purpose: To
familiarize the Bard
with the types of
items that appear on
the PRAB agenda and
the expectations
associated with those
items
•Key Takeaways:
•Chair/Vice-Chair manages
meeting/questions/commen
ts
•Staff is present in a support
and resource role
Overview of a PRAB Meeting
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 1 and 2: Call to Order, Approval of the Agenda, Approval of
the Minutes, Future Board Items and
Tours
•Purpose: To officially begin
the meeting, review the
agenda and make any
necessary changes to
accommodate guests or
meeting flow; review
significant upcoming
meetings, items or tours
•Key Takeaways:
–Housekeeping items
addressed
–Approval of minutes
requires formal motion
second and vote (see
handbook page 6)
–~ 5 mins
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 3: Public Participation
•Purpose: To provide an
opportunity for the public
to comment on agenda
items not being addressed
as public hearing items later
in the agenda
•Key Takeaways:
–Allow first amendment rights of all speakers
–Limit conversation to 3 minutes per speaker/or five minutes for pooled minutes for 2 speakers
–Speakers may provide handouts
–PRAB is not required to address speakers but may ask follow-up questions of speakers and staff
–“Blurb” on the agenda is read by Chair to clarify expectations
–~ 30 minutes
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 4: Consent Agenda
•Purpose:To review and
approve the minutes
from the previous PRAB
meeting; and provide the
Board a written update
on department projects
and initiatives
•Key Takeaways:
–Items are present “on consent”
without verbal presentation to
Board
–Approval of the minutes requires
motion to approve, second and
vote
–Ability of Board to ask clarifying
questions of staff
–Board members can request that
item be “called up” and
addressed in more detail
–~ 5-7 minutes
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 5: Action Items
•Purpose: To formally
consider items that
require the PRAB’s
action, per charter
requirements
•Key Takeaways:
–Most formal of PRAB processes
–Staff presentation
–Board asks clarifying questions
–Public hearing requirement
–Motion, second (refer to
handbook page 6)
–Board discussion
–Vote (refer to handbook page
7)
–~ 15 to 35 mins
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 6: Discussion/Information
Items
•Purpose: To address
substantive items being
brought to the Board;
Before items are brought
to the Board for action
they are reviewed as
discussion/information
items
•Key Takeaways:
–Most substantive part of the
Board agenda
–Accompanied by detailed written
material in Board packet
–Detailed presentation by
department or city staff
–All presentations must follow
PRAB presentation guidelines
–Question and comment period
–Next steps discussed
–~ 1 hour
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 7: Matters from the
Department
•Purpose: To address
items of importance or
interest to the Board
that are less detailed in
scope than
discussion/information
items but more detailed
than consent items
•Key Takeaways:
–Materials presented in
PRAB packet
–Brief staff presentation
or overview of material
–Question and comment
period
–~ 1 hour
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 8: Matters from the Board
•Purpose: To provide the
Board an opportunity to
address Board business;
provide updates on
Board work plan; and
review community
engagement
opportunities
•Key Takeaways:
–Board initiated discussion
–Limited written materials
provided
–Opportunity for Board
members to bring up
items
–Provide Board updates on
liaison or other work
–~ 5 to 15 minutes
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
Agenda Item 9 and 10: Next Board
Meeting and Adjourn
•Purpose: To review dates
for upcoming meetings;
and close the business
meeting
•Key Takeaways:
–Updates need no action
–Directing staff to do
new work may require
a nod of 3 or 5,
depending on level of
work
–~ 5 mins
Ali Rhodes/Deputy Director
October 22, 2018 –PRAB Retreat
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
STAFF PRESENTATIONS TO THE CITY OF BOULDER’S PARKS AND
RECREATION ADVISORY BOARD
Thank you for your interest in speaking to the City of Boulder’s Parks and Recreation
Advisory Board (PRAB). As Advisory Board members, we welcome the opportunity to hear
from city staff regarding matters from other departments that impact Boulder’s parks and
recreational system and services (including the city’s tree canopy) or relate to the health and
well-being of the community. The following guidance is intended to ensure we make the best
use of the time available.
When preparing to make a presentation to the PRAB, we ask the following:
Submit materials in advance. Submit materials to be included in the PRAB packet no later than
5 pm on the Monday of the week prior to the date of the meeting. For more information about
packet deadlines, please contact Sarah DeSouza at desouzas@bouldercolorado.gov.
Cover Page. Please include a single cover page identifying in summary fashion:
•Nature of the Presentation. Whether you have specific questions for the PRAB or whether
this is a courtesy/informational visit. It would also be helpful to know what other Boards and
Commissions are being solicited for input.
•Impact. The Parks and Recreation facilities, services, or programs (including the city’s tree
canopy) that are impacted by your matter and the nature of that impact.
•Key Themes. Identify which, if any, of the Parks and Recreation Department’s key themes
are relevant to your matter: Community Health and Wellness, Taking Care of What We
Have; Financial Sustainability; Building Community and Relationships; Youth Engagement
and Activity; and Organizational Readiness. Please consult a Parks and Recreation staff
member if you are unsure of what these mean.
•Questions for PRAB (if applicable).
•Timeframe. What are the next steps in the matter and by when do you need input or a
decision from the PRAB (if applicable).
Spoken Presentation. Please limit your spoken presentation to 10 minutes. Please assume we
have read the materials provided and focus the presentation on the portions that are relevant to
the PRAB. If there are various options under consideration, please identify the trade-offs as they
relate to parks and recreation facilities, services or programs. Brief introductory remarks will
enable more time for questions and discussion.
The Parks & Recreation Advisory Board members look forward to meeting with you.
Attachment D
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
K:\CCAD\Orientation Memo for New Members.MCI.doc
1
C I T Y O F B O U L D E R, C O L O R A D O
Office of the City Attorney
Municipal Building
1777 Broadway
Post Office Box 791
Boulder, Colorado 80306
Telephone (303) 441-3020
Facsimile (303) 441-3859
MEMORANDUM
FROM: Tom Carr, City Attorney
TO: Board and Commission Members
DATE: April 12, 2018
SUBJECT: Public Meetings; Open Records; Boulder’s Code of Conduct
Introduction
The City of Boulder relies heavily upon the members of the community who volunteer to
work on its boards and commissions. Those who devote their time to service on these bodies are
much appreciated. However, even though board and commission members are volunteers, they
are also appointed city officials. As a result, a number of state and local laws apply to them and
violation of those laws can have serious consequences. This memorandum attempts to
summarize important provisions of those laws.
Role of Boards and Commissions
Boards and Commissions serve an important role advising the City Council. It is
important to remember that the council is charged with making policy. The role of Boards and
Commissions is to provide expertise and background on areas with their scope of responsibility.
Council members pay close attention to the views expressed by the various Boards and
Commissions. It is the City Council, however, that makes policy. Boards and Commissions are
not expected to initiate policy changes, but to advise the City Council. Some Boards and
Commissions have additional responsibilities beyond the advisory role that are described in City
Charter and the Boulder Revised Code. They include delegated decision-making authority over
specific governmental decisions.
Open Meetings Law
The Open Meetings Law requires that all meetings of public bodies be open to the public.
“Meetings” are defined to include “any kind of gathering convened to discuss public business, in
person, by telephone, electronically, or by other means of communication.” § 24-6-402(1)(b),
C.R.S.
Attachment E
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Whenever three or more members (or a quorum of the members, if fewer than three) of
the “local public body” get together and public business is discussed or formal action may be
taken, the gathering is a “meeting” and open to the public.
• Notice for Public Meetings
Members of the public cannot exercise their right to attend open meetings unless they
know that meetings will occur. Therefore, the Open Meetings Law requires that the public
must receive “full and timely notice” of any upcoming meeting. The statute prescribes the
notice requirement as follows:
Any meetings at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or at
which a majority or quorum of the body is in attendance, or is
expected to be in attendance, shall be held only after full and timely
notice to the public.…
The statute does not explicitly limit the kind of notice that is legally sufficient.
However, it approves the practice of posting notice in a designated public place at least twenty-
four hours before the meeting. In practice, the city usually publishes meeting dates in the local
newspaper.
• Public Meetings and Electronic Mail
Sometimes an exchange of email messages can violate the Open Meetings Law. That is
because if board or commission members engage in an electronic email discussion, a court may
rule that they have engaged in a non-noticed public meeting.
Usually, no open meetings problem exists if only two board or commission members
communicate by email. Under state law, a meeting occurs when more than two members of a
public body discuss the public’s business. However, email presents dangers even when a board
or commission member intends an email message to be received by only one other board or
commission member. Because it is so easy to forward electronic mail, or copy and paste it into a
new message, an email author can never be certain that the circulation of his or her message will
stop with the original addressee.
The easiest way to deal with this issue is to do business at regularly scheduled and
noticed traditional public meetings. Electronic communications are convenient, but without
advance planning and a great deal of care, they may run up against the legislative prohibition on
the formulating of public policy in private.
When a member of a board or commission desires to communicate by email with another
board or commission member, a practical step might be to prominently post within the
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communication a request that it not be forwarded to any other person. That may help insulate the
sender from any alleged violation of the Open Meetings Law. However, it is doubtful that such a
technique would have any impact upon the issue of whether the message would be subject to
disclosure pursuant to the Open Records Act, which is briefly described in the next section.
Colorado Open Records Act
The Colorado Open Records Act requires that most documents generated during the
course of the governmental process be made available for public inspection upon request. The
state statute defines “public records” very broadly. They include “all writings made, maintained,
or kept” by agencies of government – including city government.
Electronic files (including email) are specifically included as “documents” under the law.
As a result, almost all messages and documents created by officials during the course of
government process are considered public documents. In fact, there is a specific provision in
state law which mandates that if officials use electronic mail to discuss pending legislation or
other public business among themselves, the electronic mail is subject to the law. § 24-6-
402(2)(d)(III), C.R.S
On the other hand, not every email produced by a board or commission member is a
public document. Private messages that are not related to municipal business are not covered by
the disclosure law. Also, some documents may be confidential by virtue of legal privileges. For
example, some communications with the City Attorney’s Office might be covered by the
attorney/client privilege.
• Open Records and Home Computers
Under some circumstances, email exchanged between board or commission members
over private email networks may also be subject to disclosure pursuant to the Open Records Act.
If municipal officials exchange email messages from their home computers that discuss
official city business or that are intended to influence the work of the board or commission, there
is a good chance that those messages will be covered by the law. That means that if a member of
the public requests them, the messages may have to be disclosed. If this kind of situation was
presented to a court for resolution, the ultimate decision would probably turn on the nature and
purpose of the messages rather than upon which computer system was used to produce or receive
the messages.
Code of Conduct
City staff and members of the city’s many boards and commissions are governed by the
provisions of the city’s Code of Conduct. Those provisions are found in Chapter 2-7, sections 2-
7-1 through 2-7-15 of the Boulder Revised Code (B.R.C.). In 2014, Council made significant
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4
changes to the Code of Conduct. Council’s goal was to make the code more accessible and
easier to understand.
The purpose of this part of the code is to protect the integrity of city government. The
idea is to prohibit public officials from acting on matters in which they have conflicts of interest
and to establish guidelines that encourage them to avoid any appearance of impropriety. The
Code of Conduct promotes trust in government.
This memorandum summarizes important provisions of the Code of Conduct. However,
board and commission members should read the entire Code of Conduct chapter. Obviously, if
there is any inconsistency between this memorandum and the actual Code of Conduct language,
the Code of Conduct language controls.
• Prohibited Acts
The code provides criminal sanctions for three violations. These are accepting bribes,
profiteering, or using confidential information. These prohibitions appear in section 2-7-2.
• Expectations
The code of conduct establishes ten expectations for city officials and employees. These
expectations can be found in section 2-7-8. These expectations are broken into ten affirmative
requirements and eighteen prohibitions. Section 2-7-8(e) requires officials and employees to
behave as follows:
(1) Strive at all times to serve the best interests of the city regardless of his or her
personal interest.
(2) Perform duties with honesty, care, diligence, professionalism, impartiality and
integrity.
(3) Strive for the highest ethical standards to sustain the trust and confidence of the
public they serve, not just the minimum required to meet legal or procedural
requirements.
(4) Use sound judgment to make the best possible decisions for the city, taking into
consideration all available information, circumstances and resources.
(5) Act within the boundaries of his or her authority as defined by the city charter and
code.
(6) Treat colleagues and members of the public professionally and with courtesy.
Members of City Boards and Commissions
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(7) Disclose personal or professional relationships with any company or individual
who has or is seeking to have a business relationship with the city, if the official
or employee has any authority to exercise discretion over the business
relationship.
(8) Disclose any benefit he or she will receive from any matter requiring the exercise
of discretion by the officer or employee.
(9) Use city resources, facilities and equipment only for city purposes, except for
reasonable incidental personal use that does not interfere with city business.
(10) Disclose waste, fraud, abuse and corruption to appropriate authorities.
As you can see, council has incorporated some of the general concepts from the conflict
of interest rules into the expectations section. That is, there is now an expectation that the
official or employee will disclose relationships or benefits arising from a transaction. Section 2-
7-8(f) prohibits officials or employees from doing any of the following:
(1) Advocate or support any action or activity that violates a law or regulatory
requirement.
(2) Use his or her position or decision-making authority for his or her benefit.
(3) Expend city funds for his or her personal use or benefit.
(4) Misrepresent known facts in any issue involving city business.
(5) Exercise authority or discretion in any matter in which he or she will benefit as a
result of that exercise of authority or discretion.
(6) Use city resources, facilities or equipment for personal profit, for outside business
interests or to access any inappropriate material, except if viewing such material
is a necessary and proper part of their duties.
(7) Participate in any decision to appoint, hire, promote, discipline or discharge a
relative for any position with the city.
(8) Supervise a relative in the performance of the relative's official powers or duties.
(9) Compel or induce a subordinate municipal officer or employee to make, or
promise to make, any political contribution, whether by gift of money, service or
other thing of value.
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(10) Act or decline to act in relation to appointing, hiring or promoting, discharging,
disciplining, or in any manner changing the official rank, status or compensation
of any employee, or an applicant for a position, including appointment to a board
or commission, on the basis of the giving or withholding or neglecting to make
any contribution of money or service or any other valuable thing for any political
purpose.
(11) Solicit or accept anything of value from anyone doing business with the city.
(12) Solicit or accept employment from anyone doing business with the city, unless the
official or employee completely withdraws from city activity regarding the party
offering employment.
(13) Use his or her public position to obtain a benefit for the official or employee, a
family member, or anyone with whom the official or employee has a business or
employment relationship.
(14) Vote, authorize, recommend, or in any other way use his or her position to secure
approval of a contract (including employment or personal services) in which the
official or employee, a family member, or anyone with whom the official or
employee has a business or employment relationship, has an interest.
(15) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in a manner that suggests impropriety, favoritism, or bias by the city or
the official or employee.
(16) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in a manner that suggests or implies that the city supports or opposes a
candidate or ballot measure, except that public officials may identify themselves
and their position as public officials supporting or opposing candidates or ballot
measures.
(17) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in for personal profit or advantage.
(18) Use city resources, facilities or equipment to support or oppose any political
candidate or ballot measure.
It is important to note that the code formerly prohibited board and commission members from
identifying themselves as such in political endorsements. Council decided to remove this
prohibition. Section 2-7-8(f)(16) is the relevant section, which is quoted as number 16 above.
Members of City Boards and Commissions
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April 12, 2018
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7
• Limitations on Accepting Gifts
The code provision about gifts appears in section 2-7-4.
The basic rule for board and commission members is that an appointee (or any relative of
such an official) may not accept anything of value if:
(1) The official is in a position to take official action with regard to the
donor; or
(2) The city has or is known to be likely to have a transactional, business,
or regulatory relationship with the donor.
Questions that arise in this area generally involve a list of items that are not considered
gifts for purposes of the code. Section 2-7-5 (b) contains the list as follows:
(1) Campaign contributions permitted by law;
(2) An unsolicited, occasional non-pecuniary gift of a maximum amount
of $53.00 or less in value;
(3) A gift from a relative;
(4) An award, publicly presented, in recognition of public service;
(5) Reasonable expenses for attendance at a convention, fact-finding
mission or trip, or other meeting if the person is scheduled to deliver a
speech, make a presentation, participate in a panel, or represent the city
provided that if travel expenses are paid:
(A) The travel is for a legitimate city purpose;
(B) The travel arrangements are appropriate to that purpose;
(C) The expenses paid are for a time period that is no longer than
reasonabl y necessary to accomplish the business that is its purpose;
(D) The public official or public employee who will be traveling is not
currently, was not in the recent past, and will not in the reasonably
foreseeable future, be in a position to take direct official action
with respect to the donor;
Members of City Boards and Commissions
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April 12, 2018
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8
(E) Prior to travelling, the public official informs the city council or
the employee informs the city manager of the name of the party
paying for the travel expenses and the reason for the travel; and
(F) After completing the travel, the public official reports compliance
of the first four conditions to the city council and the public
employee reports compliance with the first four conditions to the
city manager.;
(6) Items which are similarly available to all employees of the city or to
the general public on the same terms and conditions; and
…
The obvious intent of these provisions is to avoid actual graft or the appearance that special
treatment from our local government can be purchased. Accepting gifts by government officials
can be very problematic and it is strongly suggested that board and commission members who
have any questions in this area contact the City Attorney’s Office for specific feedback and
suggestions.
• Conflicts and Outside Employment
Section 2-7-5 sets out some rules about outside employment. Under those rules, board
and commission members are not to take official action with respect to a former employer for at
least six months after they leave the job in which they worked for that employer.
Also, board and commission members are supposed to report existing or proposed
outside employment or business interests that may affect their responsibilities. This notice must
be in writing to the City Council.
Within thirty days after accepting a new job or business opportunity, board and
commission members are to report any changes of employment or changes to outside business
interests that may affect their responsibilities to the city.
• Limitations on the Participation of Former Officials
For twelve months following termination of office or employment, no former official
may appear before, or participate in, the proceedings of a city board or commission on which he
or she was a member. However, this limitation may be waived by the City Council by
appointment or vote.
Members of City Boards and Commissions
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9
• Limitations on Litigation by Former Appointed Officials
No former official may bring a lawsuit against the city, or participate in a lawsuit in
which the city is involved on behalf of any other person or entity, if the litigation involves a
matter upon which the person took official action during his or her service. This rule applies for
twelve months following termination of service with the city.
• Employment of Relatives
Generally, a board or commission member may not advocate for the appointment or
hiring by the city of someone who is his or her relative. However, board and commission
members may request the City Council to make such an appointment or hiring decision.
Also, it is permitted for the city to enter into transactions with companies, corporations or
other business organizations that employ a relative of a city official if:
(a) The board or commission member does not participate in the hiring decision;
(b) Any business organization involved is a publicly-traded corporation that provides its
services to the city on nondiscriminatory terms justified by the market facts and
circumstances of each transaction; or
(c) The business organization has been doing business with the city for at least one year
prior to the date the city official’s relative became employed by it and the board or
commission member’s relative is not directly employed to work on matters involving the
city and his or her compensation is not tied to the success of the outside business
organization in obtaining business from the city.
• Prohibition on Representing Others Before the City
The general rule is that members of boards and commissions are not allowed to represent
others in front of the board or commission on which they serve or before the City Council. It
may, under some circumstances, also be improper for members of boards and commissions to
represent others in front of other city groups or bodies. This is an important rule and if it is
violated, violators may be removed from their board or commission or could even be criminally
prosecuted.
Because this rule can be somewhat complicated in application, members of boards and
commissions are urged to seek guidance from the City Attorney’s Office before they represent
another party before a city entity.
Members of City Boards and Commissions
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10
• The Manner in Which a Board or Commission Member is Supposed to Remove Him or
Herself from Consideration of a Matter
There is a formal procedure that a board or commission member should use when that
member feels that he or she has a conflict of interest or that there would be an appearance of
impropriety if he or she participated in a particular decision. § 2-7-10, B.R.C.
Under these circumstances, the board or commission member should either provide
written notice of the conflict or disclose the conflict of interest on the record of a public meeting
of the board or commission on which the person is a member. Then, the board or commission
member must:
(a) Refrain from voting upon or otherwise acting in an official capacity with regard to the
transaction giving rise to the conflict or appearance of impropriety;
(b) Physically absent himself or herself from the room in which the matter is being
considered; and
(c) Not discuss any matter related to such transaction with any other member of the
council, board, commission, task force, or similar body of which the person is a member.
Conclusion
As noted earlier, some of the issues discussed in this summary can get a bit complex in
specific situations. Therefore, new board and commission members are invited to set up an
appointment with representatives of the City Attorney’s Office to discuss these and related
matters in more depth.
Attachment: Chapter 2-7, Boulder Revised Code
PRAB 2018 Action Plan
The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.
Category PRAB Goal Action Items Notes
1)Building
Community
and
Relationships
•Enhance PRAB Community
Outreach and Accessibility
•Enhance and Reinforce
Opportunities in P&R
•Attend on average two P&R community
activities per quarter
•Promote P&R through social media of your
choice
•Attend site tours as scheduled in advanced of
PRAB discussions/decisions
•Support the department in an advisory
capacity on partnership initiatives
•Consider increasing PRAB visibility and
engagement by dovetailing with other
initiatives and social media efforts
•Report out on parks and
recreation-related
outreach efforts at
monthly meetings
•Staff to share
communication
methods (such as social
media accounts and
hashtags)
2)Community
Engagement
•Providing Welcoming and
Accessible Community
Involvement
•Continue annual information sessions on
service reach and access (e.g. related to
services for youth, underserved, etc.).
•Identify ways for PRAB to support engagement
and outreach efforts
•Consider attending department events such as
volunteer days to promote volunteerism and
involvement in city boards and commissions.
•Consider becoming involved in related
volunteer boards such as the PLAY Foundation
after PRAB term expires
•Implement best
practices for
communication
materials to reach a
broad audience.
3)Organizational
Readiness
•Capacity Building of PRAB
Members
•Assign new PRAB members a PRAB mentor to
help them understand board culture, working
agreements, packet contents, agenda setting
process, etc.
•Onboard new PRAB members (department
structure, CIP funding/process) in a slow and
methodical format
•Appreciation of PRAB’s
role related to Council
communication, joint
board conversations,
and citywide initiatives.
Attachment F
PRAB 2018 Action Plan
The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.
Category PRAB Goal Action Items Notes
• Communicate clear understanding of “charge”
of the PRAB and responsibilities of Board
membership
• Continue to recognize each PRAB member’s
role as representative of all community
interests
1777 Broadway, Boulder CO 80302 | bouldercolorado.gov | O: 303‐441‐3002
City of Boulder
City Council
Mayor Suzanne Jones Mayor Pro Tem Aaron Brockett
Council Members: Cindy Carlisle, Jill Grano, Liza Morzel, Mirabai
Kuk Nagle, Sam Weaver, Bob Yates, Mary Young
October 12, 2018
Dear Boulder Board & Commission Members:
At the end of each year, the Boulder City Council asks members of the city's boards and
commissions to provide input regarding Council priorities. This information helps inform
Council’s work plan discussion at the January City Council retreat.
This year, we are in the middle of a Council term and are in the position of reviewing our current
2018-19 work plan rather than developing a new one. In order to maintain the momentum of our
current efforts, and to keep from overloading and overwhelming the community, we have
focused this year’s questions more narrowly. Attached is a list of Council’s 14 priorities for
2018 and 2019. We seek your input on whether there are other projects that you think our
community might see as higher priorities in 2019.
Please see the questions below. You need not limit your responses to the area of expertise of
your board/commission. Your entire board/commission may provide a single set of responses or,
if you prefer, each member can provide his or her own responses (if the latter, please submit all
of the member responses in a single packet). So that Council may have the benefit of your views
before its pre-retreat Study Session on January 8, please deliver your responses to your board
secretary no later than the close of business on Friday, December 21.
Thank you for your service to our community.
Sincerely,
Mary Young
Bob Yates
Council Retreat Committee
1.How well do you believe Council has done over the last two years in incorporating the priorities of
your board/commission?
2.Taking into account the current work plan and your board/commission feedback from last
year, what additional priorities do you think Council should focus on, over and above the 14
on the attached list?
Attachment G
1777 Broadway, Boulder CO 80302 | bouldercolorado.gov | O: 303‐441‐3002
Boulder City Council 2018-19 Priorities
Boulder Electric Utility Broadband Climate Commitment Commercial Linkage Fees
Community Benefit Housing Advisory Board Large Lots Manufactured Housing Strategy
North Central Boulder Subcommunity Plan & Alpine-Balsam Area Plan Open Space Master Plan
Shared Equity Middle Income Program Transportation Master Plan
Use Tables and Site Review Criteria Updates Vision Zero