HomeMy WebLinkAbout12.12.22 PRAB Packet
AGENDA
All agenda times are approximate
I. APPROVAL OF AGENDA (2 minutes)
II. FUTURE BOARD ITEMS AND TOURS (2 minutes)
III. PUBLIC PARTICIPATION (15-30 minutes)
A. This portion of the meeting is for members of the public to communicate ideas or
concerns to the Board regarding parks and recreation issues for which a public
hearing is not scheduled later in the meeting (this includes consent agenda). The
public is encouraged to comment on the need for parks and recreation programs
and facilities as they perceive them. All speakers are limited to three minutes.
Depending on the nature of your matter, you may or may not receive a response
from the Board after you deliver your comments. The Board is always listening to
and appreciative of community feedback.
IV. CONSENT AGENDA (5 minutes)
A. Updates from the Director of Parks and Recreation
B. Parks and Recreation Project Updates
C. Parks and Recreation Operations Updates
V. ACTION ITEMS
A. None
VI. MATTERS FOR DISCUSSION/INFORMATION
A. None
VII. MATTERS FROM THE DEPARTMENT
A. Board & Commission Inclusion (30 minutes)
B. Boulder Reservoir 2023 Operations (15 minutes)
C. Aquatic Nuisance Species 2022 Update (30 minutes)
VIII. MATTERS FROM THE BOARD
A. Hybrid Meetings (5 minutes)
B. March meeting date (5 minutes)
C. PRAB Matters (Verbal) (5 minutes)
IX. NEXT BOARD MEETING: 6:00 p.m. January 23, 2023, hybrid
X. ADJOURN
Parks & Recreation Advisory Board
Virtual Meeting
6:00 p.m., December 12, 2022
Boulder Parks & Recreation
Advisory Board Members 2022
Charles Brock
Elliott Hood
Mary Scott
Anita Speirs
Jason Unger
Sarah van der Star
Pamela Yugar
Mission Statement
BPRD will promote the health and
well- being of the entire Boulder
community by collaboratively
providing high-quality parks,
facilities and programs.
Vision Statement
We envision a community where
every member’s health and well-
being is founded on unparalleled
parks, facilities and programs.
Goals of the Master Plan
1. Community Health and Wellness
2. Taking Care of What We Have
3. Financial Sustainability
4. Building Community
5. Youth Engagement
6. Organizational Readiness
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DECEMBER JANUARY FEBRUARY MARCH
Regular
Mtg
December 12: Virtual
• Reservoir ANS Program
Update (md) (30 min)
• Reservoir 2023
Operations Review (md)
(15 min)
• Board & Commission
Inclusion (md) (30 min)
• Hybrid Board &
Commision meeting
requirements (mb)
• March mtg date (spring
break) (mb)
January 23: In Person
• Recreation Center
Strategy
process/input (d/i) 30
min
• Civic Area Project
overview (md) 20
mins
• BPR 2023 Action
Initiatives and
Workplan Highlights
(md)
February 27: In Person
• Pleasant View
Access (d/i) 20 mins
• HiPP (d/i) 20 mins
Year in Review:
(1) State of the Urban
Forest Update (md)
(2) BPR 2022 Progress
Report (md)
(3) Community
Programs summary –
EOY reporting (md)
• Violet Park Project
Overview (md) 15
min MAYBE
MARCH
March 27?: In Person
• 2022 Year End
financial review and
2023 Budget Strategy
Overview (d/i) 60 min
• PRAB Recruitment
and Orientation
Update (mb) 15 min
• Departing Board
Members (mb) 15 min
• PRAB Study Session
to discuss CIS and
project prioritization
(d/i) 60 min
Other
Mtgs or
Topics
Dec 1: International Day of
Persons with Disabilities
declaration, Mid-Term check-
in and updates (cc)
Dec 15: Shared Micromobility
Update
Feb. 9: (CC Study
Session): Family
Homelessness, Housing
our Community, and
SAMPS Semi-Annual
Update
Feb. 23: (CC Study
Session) Mid-Term
Check-in
Mar 9: (CC Study
Session) Library Funding
Reallocation
Dept
Events
& Items
of
Interest
Ongoing: Snow Much Fun
Dec 25: Christmas Day
closure
Dec 31: New Year’s Eve
limited hours/closures
Ongoing: Snow Much
Fun
New Year’s Day: North
and South Recreation
Centers closed, EBCC
New Year’s Kick-off
8am-1:30pm
January 9: Reservoir
Waterside chats 5:30pm
January 16: Closure
MLK Jr. Day
Feb 11: Sweethearts
Dance
Feb 20: Washington’s
Day Closure
February 13: Reservoir
Waterside chats 5:30pm
AGENDA SETTING
The PRAB Chair, PRAB Vice Chair and BPR staff set the agenda for the next month on the Thursday directly following the regular PRAB meeting. PRAB
members can submit agenda requests to the Chair and Vice Chair by Wednesday following the PRAB regular meeting for consideration. If time-sensitive matters
arise, PRAB Chair and Vice Chair may amend the agenda as needed.
LEGEND
Action Item (a): A public hearing item to be voted on by the Board (public comment period provided).
Procedural Item: (p): An item requiring procedural attention.
Consent Item (c): An item provided in written form for consent, not discussion by the Board; any consent item may be called up by any Board
member for discussion following the consent agenda.
Discussion/Information Item(d/i): An item likely to be a future action item (or council item) and/or that benefits from an in-depth discussion.
Matters from the Department (md): Items that will be reviewed and discussed during the meeting but not requiring as much in-depth analysis.
Matters from the Board (mb): Items initiated by the Board that will be reviewed and discussed during the meeting but not requiring as much in-
depth analysis.
City Council Item (cc)
Other Boards and Commissions (obc)
Community Engagement and/or Events (e)
Holiday/Closure (h/c)
Italics indicate a tentative date or plan.
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TO: Parks and Recreation Advisory Board
FROM: Alison Rhodes, Director of Parks and Recreation
Bryan Beary, Senior Manager, Community Building and Partnerships
Mark Davison, Senior Manager, Planning
Regina Elsner, Senior Manager, Natural Lands
Jackson Hite, Senior Manager, Business Services
Megann Lohman, Senior Manager, Recreation
Stephanie Munro, Senior Manager, Regional Facilities
Scott Schuttenberg, Deputy Director
Dennis Warrington, Senior Manager, Urban Parks
SUBJECT: Consent Agenda
DATE: December 12, 2022
A. Updates from the Director of Parks and Recreation
The following information is intended to provide the PRAB with general department updates
from the Office of the Director.
International Persons with Disabilities Day
At the December 1st City Council meeting, a declaration was made in support of International
Day of Persons with Disabilities on December 3, 2022. In addition to acknowledging the efforts
the city has taken to champion the values of equal access and equal opportunity entitled in the
1990 Americans with Disabilities Act, the declaration also highlighted the exceptional service
delivered by the EXPAND program to support the community (excerpt below):
“The City of Boulder strives to exceed the requirements set forth in the ADA and to
create a welcoming and supportive community. This is in line with the importance the
community places on being a city that supports those with disabilities, as affirmed in the
recent Parks and Recreation master plan - where 92% of respondents said that serving our
community members with disabilities is very important/essential. To that end, the city's
EXPAND program has been providing recreation and leisure activities to promote
inclusion, health, and connection since 1980. Despite the isolating nature of the COVID-
19 pandemic, EXPAND participants were able to stay connected through online
programming which provided an important space for rich company, building skills and
community, as well as promoting emotional and physical wellness. EXPAND's mission,
creating a community of all abilities through recreation, is strengthened by a strong
community of participants, athletes, parents, care providers, partner agencies, Boulder
Parks and Recreation staff, and the Boulder community, who continue to support
programs and services for people with disabilities. With over 100 programs, 3 camps and
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2000 participations in 2022, EXPAND continues to grow and change to best support the
inclusion of people with disabilities”
Council welcomed EXPAND participant Bella Larsen and her mother Lisa to receive the
declaration. In accepting the declaration from Council Member Tara Winer, Bella delivered a
heartwarming statement about the impact and importance EXPAND programming has on her
life. The meeting was hosted in-person in council chambers.
Photos: Bella Larsen and Councilmember Tara Winer),
B. Parks and Recreation Planning Update
The following information is intended to provide the PRAB with relevant updates on specific
projects as they reach major milestones. This section provides a list of current and upcoming
projects. More detail is provided in the following bullets points as major milestones are achieved.
For a complete list of all current projects and links to the project web pages, please visit
www.BoulderParkNews.org.
Planning
The following projects are currently in the planning and design process that involves research,
alternatives analysis, public involvement and development of planning documents and design
plans to guide decision making and future capital improvements.
• Planning Projects Underway: Staff, consultants, and/or contractors continue to work on
the following list of projects and will update the PRAB as major milestones are achieved.
Additional project information will be included in the following bullets as milestones are
achieved.
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o North Boulder Park (design phase)
o Pickleball (planning phase)
o Pleasantview (planning phase)
o Flatirons Golf Course (construction phase)
o Bill Bower Shade Shelter (construction phase)
• Planning Projects in Scoping: Staff are working on scoping the following projects for
2023 and will update the PRAB as projects get underway. Additional project information
will be included as more information becomes available.
o North Boulder Park (design phase)
o Violet Park Plan (working title for park)
o Civic Area Park Plan – Phase II
o Courts Level of Service System Plan
o Boulder Creek Path Plan
o Recreation Facilities Plan
o Bill Bower Memorial Donation
• Project Updates
o Bill Bower Park
Donation Overview: Bill Bower Park has received donation proposals
from several community groups in the last 3 years. The first proposal was
for a small shade shelter in the picnic area in 2019. The neighborhood was
able to raise 30% of the project with a matching funds from the
department. A second proposal was submitted by Military Officers
Association of America (MOAA) for a Bill Bower Memorial in 2022. A
shade shelter and an interpretive sign were both included on the approved
concept plan from 2014 but were not funded in the original construction.
There are additional elements included in the memorial proposal from the
MOAA that were not in the concept plan.
As PRAB is aware, staff dedicates a lot of time and resources developing a
budget and work plan each year. Some donations are offered towards
projects defined on the work plan. Recent donations such as Valmont
Pump Track and Chautauqua Park were easily incorporated into the
projects as they were developed. Other donations are for specific projects
outside of planned work. Staff and budget resources have not been
planned and/or allocated to support the donation request. These types of
donations commonly take longer than average projects since the
department needs to find the time and potentially financial resources.
The department values both types of donations and has identified the
points of frustration for the community when they are trying to support the
parks and recreation system through donations. Additionally, the
Department’s 2022 Master Plan Update identifies, as did the 2014 Master
Plan, partnership and external funding work in its policy
recommendations, goals, and initiatives as a major priority. As result, an
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External Funding Strategy was completed in August 2022 to address the
identified frustrations and respond to 2022 plan recommendations to
develop a clear and consistent approach for community partnerships,
including philanthropy.
The External Funding Strategy provides a framework and resource tools to
support staff in effective execution of this work. Staff is reviewing and
modifying the resources to best fit the current work plan process. Full
implementation of the strategy is expected in Spring of 2023, and the
PRAB will receive an overview at that time.
Shade Shelter: A proposal for the shade shelter donation was submitted
to staff in 2019 by the Hartford-Yale neighborhood. Matching department
funds were originally approved for 2020 but were then placed on hold due
to COVID. Funding for the project was re-allocated in the 2022 budget.
The neighborhood representative checked in with the neighbors to ensure
there was still support for a donation to this project. Once the donation
was received, staff was able to proceed with the project. The quote was
accepted, and the manufacturer began the engineered drawings in July.
One correction was submitted for an increased wind/snow load requiring
an edit that was reviewed and approved by BPR staff in September.
As required, staff will submit for a minor modification to Planning and
Development Services that includes the 10’ x 10’ shade shelter in the park
by the end of December. Once staff receives the approval, they will apply
for a building permit. That process is anticipated to take approximately 3
months. At that point the shelter can be delivered, and installation will be
scheduled. The shade shelter planned for the picnic area on the North side
of the park is currently anticipated to be installed by Spring of 2023.
Memorial Donation Proposal: The MOAA provided a proposal to staff
in July 2022. Since the External Funding Strategy (strategy) was almost
complete, this project provided an opportunity to pilot some of the tools.
One recommendation from the strategy was to include a group of staff in
the proposal evaluation. The staff team reviewed and commented on the
proposal. There was a verbal follow-up with MOAA to provide feedback
and recommend changes before staff approval. Unfortunately, staff did not
provide an official response in writing leading to confusion about the
status of the proposal.
Another recommendation from the strategy is to ensure there is
community support. Donor projects not aligned with a public process on
the BPR work plan should have support from the community. For
example, MOAA met with the community at their annual block party to
share the project proposal. Comments from the community were shared
verbally with staff from MOAA and several community members. The
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outcome of community engagement led to the community expressing
concerns similar to staff and provided some additional feedback.
Vegetation Beds: They had concerns regarding additional
vegetation beds when the current beds were not maintained as well
as they would like.
Interpretive Sign: There was a lot of support for an interpretive
sign. Many neighbors noted they were interested in understanding
whom the park was named after. There were also concerns
regarding the language of the draft proposal. The community
expressed a desire to focus on Bower’s community contributions.
War Memorial: Some neighbors expressed concern that this would
be interpreted as a war memorial based on the project's scale and
the proposed propeller sculpture.
The outcomes of the staff meeting also highlighted several concerns that
needed to be addressed prior to staff approval.
Vegetation Beds: The proposal included vegetation beds around
the interpretive sign. That area is currently turf and would be
converted to vegetation beds. Bill Bower Park currently has large
beds that require a high level of maintenance that cannot managed
with current staff levels. Volunteers often support this work. In
addition, horticultural plantings and trees have struggled to
establish in the soils at Bill Bower Park. Staff has requested
funding to replace the existing beds with turf to reduce the level of
maintenance needed. Therefore, staff was unable to support the
proposal for additional beds in place of turf.
Interpretive Sign: There proposal included a draft of the language
for the interpretive sign. Staff requires the final approval on the
language placed on the sign. There was a recommendation to focus
on Bill Bower's contribution as a community member rather than
the military history associated with the Doolittle Raiders.
Sensitivity to the content is related to racial equity as a priority in
the city. The park naming memo was provided to guide the
content.
Staff will follow up with written feedback and recommendations to
MOAA. MOAA will have the opportunity to amend their proposal for
staff and community approval. The strategy also recommends a cadence
for reviewing proposals and including them in the work plan and budget.
This will help communicate the process with donors and staff to diffuse
some of these frustrations. The strategy will be amended with lessons
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learned as it is put into practice and continually work to improve the
process. As community support is a priority, MOAA’s patience is
appreciated.
o Flatirons Golf Course: Staff and consultants meet in December for a final
review of the project's costs, alternates, and exceptions. Once the final review is
complete, staff will submit the final contract for attorney review and signature.
In addition, a revision for the building permit has been submitted to address
comments provided by Planning and Development Services. The building permit
and final contract completion are necessary for an anticipated ground-breaking
this spring.
C. Operations Update
The following information is intended to provide the PRAB an update on operational activities,
changes, or highlights.
Recreation Updates
• Recreation Center Usage and Promotions: The change of season and weather is
encouraging additional indoor facility usage. The three recreation centers showed an
average increase in usage from 21.6 hourly visits in October to 28 hourly visits in
November. This represents a 30% increase, month over month, and demonstrates an 83%
recovery for the month of November compared to pre-pandemic usage levels. This is
significant growth for indoor attendance, achieving the highest levels since March 2020.
Additionally, the department is promoting a “Bring a Buddy” campaign from Dec. 1-15,
which allows annual and monthly pass holders to allow a friend unlimited access for free
during the promotional period. The facilities are excited to welcome potential new
members into the centers and further build community.
• Base-Level of Services: With finals week for high schools and CU and the holiday
season approaching, many front-line staff are taking time off. With the reduction of
available staff for most of December, BPR operations will be slightly reduced. Beginning
the week of December 12, aquatics offerings will return to the department’s advertised
base-level services, with additional swim opportunities being added as feasible weekly.
The base-level services in aquatics and the most up-to-date pool schedules can be found
on the aquatics’ main webpage.
• Lap Pool Impacts: The main lap pool pump at the South Boulder Recreation Center
(SBRC) failed on the evening of November 30 and the entire pool area, including the hot
tub, will remain closed until the new pump is delivered and installed. Staff discovered an
issue with the pump after the completion of the pool repair project, attempted multiple
repairs, and were already in process of purchasing a new pump before the complete
failure occurred. Due to supply chain challenges and the age of the existing pump, which
is no longer in production, the SBRC lap pool is likely to remain closed for 6-8 weeks.
Staff will update the PRAB and community when more information is available.
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The closure of the SBRC lap pool creates an increased demand for the remaining
available swim lanes. Staff has adjusted pool schedules for the upcoming weeks to
address the impacts. Pool user groups were asked to consider relinquishing swim practice
times voluntarily if they expected lower attendance during finals and holiday weeks.
Thanks to several groups, the impact for pass holders and the lap swimming community
in the facilities will be limited. Passholders can expect some loss of total available lanes
for public swim the week of December 5 but the remaining weeks in December there will
be little to no impact on public lane availability. Staff will update the PRAB and
community as repair timelines are finalized and impacts realized for the month of
January.
• Indoor Drop-in Pickleball: Indoor drop-in Pickleball has greatly increased with the
colder weather. To accommodate high usage, especially at the North Boulder Recreation
Center, indoor drop-in times are being expanded to include 7:30-10:30 am Monday,
Wednesday, and Friday.
• Snow Champs: Staff collaborated with members of the BOCO Pickleball Club to
develop a volunteer snow removal program for the tennis and pickleball courts at the
recreation centers. There are currently 39 community members signed up through the
volunteer program to help clear snow on courts using only approved equipment by the
department. Staff have provided or are in process of providing push brooms, plastic-
edged shovels, roller squeegees, and storage cabinets at the three recreation center
locations to support this community effort.
During snow events, department staff are working hard to clear snow from roadways,
parking lots, and multi-use paths which are the priority to ensure safe travel for
community members. Engaging with community members who are passionate about
outdoor courts, even in the winter season, allows everyone in the community who might
want to play pickleball or tennis to benefit.
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TO: Parks and Recreation Advisory Board
FROM: Alison Rhodes, Director of Parks and Recreation
Bryan Beary, Senior Manager, Community Building and Partnerships
Mark Davison, Senior Manager, Planning
Regina Elsner, Senior Manager, Natural Lands
Jackson Hite, Senior Manager, Business Services
Megann Lohman, Senior Manager, Recreation
Stephanie Munro, Senior Manager, Regional Facilities
Scott Schuttenberg, Deputy Director
Dennis Warrington, Senior Manager, Urban Parks
SUBJECT: Matters from the Department
DATE: December 12, 2022
A. Board and Commission Inclusion
Since early 2021, a multi-department staff team has been working to assess the city’s
practices around board and commissions and implement incremental changes to eliminate
systemic and institutional equity in its policies and practices. Many improvements
proposed or in progress are driven by the city’s Racial Equity Plan goal 5: “The city will
eliminate barriers and create opportunities to build a diverse workforce across the depth
and breadth of local government including elected officials, boards, commissions and
working groups.” More specifically, strategy 5.1 calls for the city to support boards,
commissions and working group inclusion by:
• Collecting the demographic data of boards, commissions and working groups.
• Revamping application process, including forms, to support increased
inclusivity.
• Ensuring outreach and recruitment processes support and encourage racial
equity.
• Identifying and mitigating barriers in the operations of board, commission, and
working group meetings (times of day, frequency, locations, days of the week,
etc.).
Since the spring of 2022, board and commission project team members, secretaries, and
liaisons have been working with iProject LLC, an outside consultant, in a series of
workshops to enhance board and commission diversity, equity, and inclusion/belonging
(DEI). The lead consultant, Angela Davis, worked with city staff to host three two-part
workshops toward the goal of creating a DEI Blueprint for boards and commissions.
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Sessions one and two in April focused on Inclusion and Belonging to help liaisons and
secretaries understand the importance of creating an inclusive and belonging climate to
encourage maximum productive participation of board and commission participants,
including members, staff, and community. Workshop participants worked together to
create shared lists of welcoming, excluding, and dominating behaviors, as well as
behaviors that enhance the understanding of differing perspectives. They also worked in
small groups to create their inclusion maps detailing action plans specific to each board
and commission.
In July, sessions three and four focused on creating a diversity blueprint for each board
and commission with a goal of enhancing the development of a valuable and valued
service experience for historically excluded communities. Workshop participants worked
on understanding what qualities in a candidate would add to the culture of their
board/commission, rather than the traditional “culture fit” approach that can lead to a less
diverse group. This session also provided the opportunity to strategize and source topics
and information that are currently missing from the board and commission process.
Working with tools such as a social identity wheel and psychological safety principles,
staff teams continued working through their inclusion maps from the previous session to
determine actions to support increased diversity on boards and commissions.
The final two sessions in September illuminated past and present of inequities in
America, particularly related to political structures and policies. The recent pilot process
improvements of the Human Relations Commission that are informing current equity
needs was lifted for attendees as a case study for change. Staff teams worked to finalize
their action plans, understanding their individual and team opportunities to control,
influence and challenge existing systems within their own board/commission. Staff have
been asked to implement innovations and lift any barriers they are experiencing to the
staff committee.
From this action plan BPR staff are requesting the PRAB to review and consider the
following recommendations:
1) Ensuring adequate equity training for board members so “everyone gets it”.
i. Encouraging board participation in city offered racial equity trainings.
ii. Consider additional third-party training opportunities.
iii. Consider opportunities to further the understanding of equity and the need
for action, such as organizing viewings of reputable documentaries or
reading materials.
2) Review and consider improvements to the board recruitment strategy.
i. Review and recommend changes to the board application materials. (note
that this recommendation was supported with the PRAB’s approval of
edits to the 2023 Recruitment Questions)
ii. Inform a recruitment strategy to attract a broad representation of the
community.
iii. Review selection processes with equity in mind. Consider candidates who
may be a culture add rather than a culture fit.
3) Review the board handbook and orientation materials with equity in mind.
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i. Consider opportunities to support a welcoming environment for all and
avoid tokenism.
ii. Ensure alignment with a clear mission, vision, and values.
iii. Ensure incoming board members participate in equity trainings.
B. Boulder Reservoir 2023 Operations
The Boulder Reservoir 2023 Operation Plan is now developed. Based the 2022 After
Action Review process, that included a review of data, input from stakeholders, and the
PRAB’s feedback at the November business meeting, the below adjustments will be part
of the 2023 Operations Plan. This completes this After-Action Review (AAR) cycle and
staff will begin working on preparing for the 2023 season.
The operation adjustments will be communicated to stakeholders and the community via
email lists, the website, and through interactions with staff so that the community is
prepared for boat permit sales starting in January 2023.
Operational adjustments for 2023 include the following, with additional details
below:
1. Continue Moratorium on new Class 5 boats (ANS)
BPR will continue the moratorium on new class 5 watercraft. This includes any
new Class 5 permits for any boater and for current boaters to replace their current
class 5 watercraft. Restrictions on visiting other water bodies will remain the
same.
2. Continue to bring storage pricing closer to market rate
Continuing a 10% increase for 2023 storage pricing annually until the gravel
space rate achieves two-thirds of the market average.
Staff plan to complete a new market study for the 2023 AAR process to determine
if progress is being made, or if other storage providers have raised their prices and
maintained the gap.
3. Continue to offer 25% sustainability incentive
a. BPR will continue offering the 25% discount for gate-fee payers who
arrive by carpool, bike or on foot in 2023.
b. BPR will work with the internal marketing team to further encourage
carpooling and other sustainable means of visiting the Reservoir. c. As the South Shore trail enhancements are developed, additional free pass-
through option will be available in the peak season.
4. Offer Reservoir-only pass
BPR will introduce a promotional Reservoir- only Pass covering the full season,
available to boaters and the public.
5. Watercraft Permits: Increase of supply and price
a. BPR will increase small watercraft weekday permits to 500 additional
permits for a total of 1,500 for the 2023 operating season.
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b. BPR will maintain small watercraft season permits at a total of 1,700.
c. To encourage commitment to purchasing a permit, BPR will issue guest
entry vouchers with purchase of the reservoir only pass.
i. Small watercraft permit with purchase of the reservoir only pass
will receive 3 vouchers if purchased by the end of February 2023.
ii. Large watercraft permit with purchase of the reservoir only pass
will receive 5 vouchers if purchased by the end of February 2023.
d. Boat permit pricing will increase to the below pricing schedule for 2023.
Higher increases for under-50HP and sail boats reflect the need to correct
previous undervaluation of those permits.
Permit Type and Price for 2023
Approximate %
increase from 2022*
Resident
2023
Non-Resident
2023
Powerboat Permit: 50+HP Season 10% $580.00 $700.00
Powerboat Permit: 50+HP Weekday 10% $310.00 $370.00
Powerboat Permit: Under 50HP Season 30% $250.00 $300.00
Sailboat Permit: Season 30% $250.00 $300.00
Small Watercraft: Kayak/Canoe/SUP Season 10% $55.00 $65.00
Small Watercraft: Kayak/Canoe/SUP Weekday 10% $35.00 $40.00
6. Additional Operating Adjustments
BPR will extend the Flank Season by two weeks in April and two weeks in
October. No-Wake hours during the Flank Season start times will shift and
increase weekly No Wake time by six hours per week to maintain a consistent
15% of total lake time throughout the fee season.
Other Reservoir Updates:
Main Building Partnership: Since February of 2020, the City of Boulder has had a lease with
Landloch, LLC to operate Driftwind restaurant – a concept they designed to help BPR fulfill the
vision that inspired the new Main Building at the Boulder Reservoir. As of December 2022, this
lease will be ending upon mutual agreement.
In replacing the past its life-cycle main building at the Reservoir, Boulder Parks and Recreation
designed and built a facility based upon community input and Parks and Recreation Advisory
Board (PRAB) guidance. The aim of the lease was to work in partnership to achieve goals
established and approved by the PRAB in the Boulder Reservoir Visitor Services Center concept
plan: to extend shoulder season use, to expand programming and concessions to generate
revenue. Working together, we hoped to increase the community benefit and augment the
customer experience at the Reservoir by providing high-quality food and beverage service.
Despite incredible effort, the challenges of the pandemic and the lack of a liquor license have
made the original vision impossible to implement. To their credit, the partners at Landloch, LLC
(now doing business as Working Title Food) tried a modified plan this year and it also isn’t
viable.
BPR will spend time through the end of the year re-grouping and mapping out next steps to
fulfill the vision that guided the development of the Reservoir Main Building. Staff will continue
to work towards a partnership that will enhance experiences and provide revenue to BPR’s
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constrained budget. City Council affirmed the value of partnerships in supporting community
benefit parks and recreation in the recently and unanimously approved 2022 Parks and
Recreation Master Plan. Staff will learn from this experience and keeping working to diversify
and strengthen BPR revenue streams while providing community value.
In the short-term, given how rapidly high season 2023 is approaching, staff are working to
develop options that support a great experience next summer. There simply isn’t time for the
formal procurement process, contract negotiations, and start-up required for a successful launch
of a new operation in summer 2023. The goal is to develop options that enhance the experience
and allow BPR to test some concepts and programming that can inform the next partnership.
BPR long-term work will be guided by community’s input and policy in Council and/or PRAB
approved plans, including but not limited to the Boulder Parks and Recreation Master Plan,
Boulder Reservoir Master Plan, and Boulder South Shore Capital Strategy.
The goal is to will fulfill BPR’s commitment to operate an incredible regional park for the entire
community and to be good neighbors.
2023 User Group Agreements: At the November business meeting, the public participation
portion of the meeting included members of Boulder Reservoir user groups sharing concerns
about Reservoir fees. With the 2022 AAR process complete, staff are now shifting focus to
evaluating the outcome of the 2022 fee structure. This fee structure was negotiated with the user
groups in the spring of 2022 in attempt to balance BPR’s fiscal responsibilities with user group
concerns about fees. In January, staff will report back on User Group fees and include responses
to various concerns shared at the November meeting.
C. Aquatic Nuisance Species (ANS) 2022 Update
Boulder Reservoir, which serves as a backup City of Boulder drinking water supply and
recreational facility, is owned by the city and operated by the Northern Colorado Water
Conservancy District (Northern Water). Boulder Reservoir is part of the Colorado-Big
Thompson project, which includes a series of reservoirs, canals, and pipelines designed to
transport water from the west to the east slope of Colorado. The city’s Parks and Recreation
Department manages recreation activities on Boulder Reservoir and has been implementing an
Aquatic Nuisance Species (ANS) watercraft inspection program since 2009. Colorado Parks and
Wildlife (CPW) staff spot-check and sample for ANS in the Boulder Reservoir each year.
The Boulder Reservoir Master Plan requires annual reporting on the Boulder Reservoir ANS
program. This item summarizes outcomes from the 2022 ANS program at Boulder Reservoir and
throughout the state. City of Boulder Utilities staff is also keeping the Water Resources Advisory
Board informed given their role advising on the city’s utility infrastructure.
14
BACKGROUND
Aquatic Nuisance Species
ANS are invasive, non-native animals and plants that can be introduced to waterbodies primarily
via boating, angling, and dogs. Key ANS of concern in Colorado include zebra and quagga
mussels, New Zealand mudsnails, and Eurasian watermilfoil. Of these four, zebra and quagga
mussels are by far the most impactful to a waterbody. Once introduced, these ANS can establish,
spread rapidly, and are nearly impossible to eradicate. ANS can adversely impact utility
infrastructure and water quality, increase water treatment costs, and limit recreational uses.
City Watercraft Inspection Program
Since 2009, the City of Boulder has enacted some of the most stringent ANS procedures, above
and beyond those required by the State of Colorado. All watercraft entering Boulder Reservoir
are inspected for ANS by state-trained and certified seasonal Parks and Recreation staff.
Depending on the type of watercraft, presence/absence of a Boulder Reservoir boat tag and the
outcome of the inspection, the watercraft may also be decontaminated and quarantined. Since the
boat inspection program was first implemented in 2009, staff has made continuous
improvements to the program, which is self-funded via user fees. Since the program’s inception,
Parks and Recreation staff have intercepted two mussel-impacted boats – one in 2018 and one in
2019.
State Program
In 2022 (as of November), the state has conducted 411,497 inspections and 13,616
decontaminations, a slight decrease over 2021. The Regional Water Inspection and
Decontamination (WID) Data Sharing System is being used by many states across the country.
The System is used for data entry, viewing, editing, querying, and reporting. An included risk
assessment tool shows where boats are moving after launching in mussel infested waters and
sends an alert to the next known destination. With the benefits of data sharing proving to be
abundant, the states of Arizona, Nevada, and Utah have been using the System to send out timely
electronic alerts of watercraft leaving infested waters. This increased timely communication has
directly increased the number of infested watercraft being intercepted within the western region
before launching in un-infested waters.
Boulder Reservoir Program
Permit sales for the City of Boulder are presented in Table 1 below. At the Boulder Reservoir,
motorboat permit sales were consistent with previous years' with about200 total. In 2022, there
was a significant increase in nonmotorized permit sales due to more small watercraft permits
being offered.
As part of the Boulder Reservoir Master Plan guided Adaptive Management practices, the
Boulder Reservoir enhanced ANS protocols in 2019 by introducing a watercraft classification
system (see Table 1) and increased requirements for when a watercraft requires inspection,
decontamination, and quarantine. As a result of 2021, enhancements in the ANS program
15
protocols, only 14 decontaminations were performed at the Reservoir. This decrease in
decontaminations is a reflection of the operational adjustment of the 2022 policy that limits the
ability of a craft to visit other waters and then return to the Boulder Reservoir,
Table 1. City of Boulder’s ANS Risk classification system for watercraft and 2022 permits
sold
Class 1 Class 2 Class 3 Class 4 Class 5
Solid Stand-up
Paddle Board
(SUP)
267 Permits
Canoes,
inflatable SUPs
1,958 Permits
Open hull boats,
kayaks
515 Permits
Boats with
inboard motors,
117 Permits
Pontoon boats
and powerboats
with ballast
74 Permits
By far the greatest risk to introducing ANS is through standing water present in watercraft water,
most notably in ballast tanks, and in boats moving between bodies of water. Boats with ballasts
are considered Class 5 craft based on the Boulder Reservoir classification system and subject to
the most stringent requirements.
ANS Program Adjustments implemented in 2022
Illegal watercraft launching from the north shore of Boulder Reservoir presents a risk to
introducing ANS. Since 2021, seasonal ranger patrols the reservoir perimeter, particularly the
north shore, providing public education and enforcing rules, ordinances, and codes. The ranger is
present between April and October, and additional park ranger support is available on call during
that period as well as a result of the Safe and Managed Public Spaces urban park ranger pilot
program. The ranger presence has decreased incidences of watercraft possession and launching
on the north shore.
As discussed during the 2022 Reservoir Operations update, no new class 5 permits were issued
in 2022. Existing permit holders were offered renewal of current permits. Permit holders were
not allowed to replace their current class 5 watercraft with a new/different class 5 watercraft. In
addition, all class 5 watercraft were restricted to use at the Boulder Reservoir, and permits were
forfeited if the watercraft was used on other waterbodies.
16
Invasive Mussels in Colorado in 2022
The ANS risk for introduction in Colorado continues to increase with ANS spreading across the
western united states. Recreational boating continues to be a popular outdoor option post-
pandemic and watercraft inspections continue to be high across the state. In 2022, there were
143 interceptions of mussel-impacted watercraft across the state compared to 181 in 2021. This
is the first decrease in interceptions since 2014. Before September 2022, the state of Colorado
had been ANS mussel-free because of its widespread boat inspection program managed by
Colorado Parks and Wildlife (CPW) and local government entities such as the City of Boulder.
Most of these boats are coming from Lake Powell where quagga mussels were first introduced in
2013. Since that time, adult mussels have colonized nearly every part of Lake Powell, including
the river below the dam where veligers (larvae) passed through.
In September of 2022, Highline Lake in Loma, Colorado (immediately east of the Utah border)
was classified as suspect when mussel veligers were identified. In October 2022, that
classification was changed to infested when adult mussels were found. No motorized watercraft
with Boulder Reservoir permits has been logged in the state system as having visited Highline
Lake in 2022.
EURASIAN WATERMILFOIL DISCOVERED AT BOULDER RESERVOIR
The ANS plant and List B noxious weed under the Colorado Noxious Weed Act – Eurasian
watermilfoil (EWM) – was discovered this year in Boulder Reservoir. On August 11, 2022,
CPW’s ANS Sampling Crew identified a floating fragment of EWM in Boulder Reservoir during
its annual survey of the water. A follow-up survey in October confirmed that EWM is
established in the Reservoir (Figure 1). EWM can reproduce from a single fragment that can be
introduced through waterfowl, dogs, watercraft, boots, anglers, wind, connected waterways and
other vectors. At this time there is no evidence as to how the plant was introduced into the
Boulder Reservoir.
17
Figure 1. Map of all the survey points documented by the ANS sampling crew. The map shows
a medium concentration of rooted Eurasian watermilfoil in the western inlets that are fed by
Little Dry Creek and Dry Creek. The correlation suggests these inlets as possible contamination
sources.
Boulder Parks and Recreation (BPR)Background on EWM Potential Impacts
While EWM is established in Boulder Reservoir, plant density is currently low near the swim
beach and drinking water intake areas. In reservoirs where the plant is densely populated the
following services can be impacted:
• Swimming – Dense plant growth can limit swimming opportunities. As of now, the plant
has not been observed in the Reservoir’s swim beach area.
• Large and small watercraft – EWM can get tangled in boat propellers and engines, which
can increase its spread. Dense growth can also make paddle craft use difficult.
• Adjacent bodies of water – EWM could also spread to nearby Coot Lake which would
impact fishing (note that it is possible that it is already in Coot Lake but due to water
clarity it is difficult to assess). Since EWM is already present in Boulder Creek and
several other bodies of water in Boulder County, the impact of these is minimal.
• Drinking water – The Reservoir is a water supply jointly managed by the city and
Northern Water. EWM can cause taste and odor issues in drinking water and clog water
intakes and outlets. The Boulder Reservoir Water Treatment Plant primarily treats water
directly from Carter Lake through a pipeline. However, the Reservoir serves as a water
supply for the region and a backup water supply for the city, so Northern Water and the
city are partnering on planning and future management.
18
EWM Management and Next Steps
Currently, the city and Northern Water are not planning to make any changes to water supply
operations or recreation activities at the Reservoir. With the extent of the population observed
during the survey, eradication potential is limited. The city will continue to run its existing
watercraft inspection and decontamination program
2022 Additional Management Protocol
During the 2022 high season and following the discovery of EWM, BPR implemented the
following additional precautionary measures to minimize EWM’s spread and educate
Reservoir visitors:
• City staff inspects all watercraft exiting the Reservoir; large craft boaters receive a blue
paper receipt indicating that their boat was last inspected at an ANS-positive body of
water.
• Educate visitors about EWM.
• Possession of watercraft is not allowed on the North shore. Anyone with watercraft or a
flotation device in this area and around Coot Lake is issued a summons with a potential
fine.
• Signage about EWM has been posted around the Reservoir.
2023 Management Plan
In addition to the protocol above, next year BPR and Utilities staff will continue to collaborate
and respond as follows:
• City staff is partnering with CPW on annual vegetation surveys to assess potential spatial
and density changes in EWM.
• City staff is partnering with the Colorado Department of Agriculture and the City of
Westminster (which manages EWM in Standley Lake) to survey to see if weevils are
present in Boulder Reservoir, which preferentially eat EWM and would be beneficial for
plant management.
• Research and info gathering for Boulder Reservoir and surrounding waterbodies
• Potential future use of benthic barriers (i.e., fabric blankets that prevent or stop plant
growth in strategic locations such as in the swimming area).
• Keep PRAB up to date about future operational changes and impacts related to EWM.
19
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
TO: Parks and Recreation Advisory Board
SUBJECT: Matters from the Board
DATE: December 12, 2022
A.PRAB Hybrid Meetings
a.With the coming of hybrid board meetings, staff provide this background to
inform PRAB meeting rules.
i.Ordinance 8545 broadly permits members to attend and participate in their
board meetings virtually or in-person. There are no requirements on
attendance, virtual or in-person. PRAB could establish their own rules if
they chose, and this would require an update to the handbook. Meetings
must always be offered to the public in the Zoom format, regardless of
whether members are in person or not.
ii.Regarding attendance: Number 6 of the letter dated March 30, 2007 titled
Summary of Important Legal Responsibilities for Board Members and
Commissioners included as the last page of the PRAB handbook reminds
members that per Charter Section 158, the provisions specific for the
Parks and Recreation Advisory Board states that the “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 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.
iii.Discussion: How does the PRAB want to address hybrid
meetings/attendance?
1.Update Handbook to include hybrid approach. Attachment A:
PRAB Handbook
B.March Meeting Date (Verbal)
a.Spring Break, March 27, 2023
C.PRAB Matters (Verbal)
20
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: PRAB Handbook
21
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
Attachment A: PRAB Handbook
22
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).
Attachment A: PRAB Handbook
23
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:
Attachment A: PRAB Handbook
24
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
Attachment A: PRAB Handbook
25
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.
Attachment A: PRAB Handbook
26
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.)
Attachment A: PRAB Handbook
27
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.
Attachment A: PRAB Handbook
28
(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
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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
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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).
Attachment A: PRAB Handbook
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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.
Attachment A: PRAB Handbook
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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,
Attachment A: PRAB Handbook
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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.
Attachment A: PRAB Handbook
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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;
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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:
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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.
Attachment A: PRAB Handbook
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(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.
Attachment A: PRAB Handbook
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(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.
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"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.
Attachment A: PRAB Handbook
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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.
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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
Attachment A: PRAB Handbook
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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.”
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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
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(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.
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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.
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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.
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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.
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