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03.20.23 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.Approval of Minutes from February 27, 2023 B.Updates from the Director of Parks and Recreation C.Parks and Recreation Planning, Design and Construction Updates D.Parks and Recreation Operations Updates V.ACTION ITEMS A.None VI.MATTERS FOR DISCUSSION/INFORMATION A.2024 Budget Strategy Roadmap and Fee Policy (60 min) VII.MATTERS FROM THE DEPARTMENT A.North Boulder Park (10 min) VIII.MATTERS FROM THE BOARD A.Boulder Junction Board Liaison (5 min) B.PRAB Handbook conversation (30 minutes) C.PRAB Matters (Verbal) (5 minutes) D.PRAB Recruitment, Orientation and Departing Members (20 min) IX.NEXT BOARD MEETING: A.6:00 p.m. April 3, 2023 Study Session B.6:00 p.m. April 24, 2023, hybrid X.ADJOURN Parks & Recreation Advisory Board Hybrid Meeting 6:00 p.m., March 20, 2023 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 1 MARCH 20 APRIL 24 MAY 22 JUNE 26 Hybrid for members & staff. Public Comment remains Virtual. Hybrid for members & staff. Public Comment remains Virtual. Hybrid for members & staff. Public Comment remains Virtual. Hybrid for members & staff. Public Comment remains Virtual. Regular Mtg •North Boulder Park (md) (10 min) •2022 Year End financial review and 2024 Budget Strategy Overview (d/i) (60 min) •PRAB Recruitment, Orientation and Departing Board Members (mb) (20 min) •Boulder Junction Board Liaison (5 min) •Volunteer Month Recognition (c ) •Boulder Aeromodeling Society License Agreement Amendment (C) •HiPP (d/i) (45 min) •Pleasant View Access (md) (20 min) •Financial Strategy: 2024 Budget Strategy & Recreation Subsidy/Fee Policy (d/i) (45 min) •HiPP (a) •2024-29 CIP (2nd touch) d/i (60 min) •Summer Operations Overview © •Iris Center Mural (md) •Annual Board Email Response and Liaison roles Check- in (mb) (10 min) •Facilities Project Update (md) •SMPS Update (md) •2024-29 CIP (a) •2024 Operating Budget (md) •Summer Operations Overview (c) •Ranger Program Introduction (md) (10 min) Other Mtgs or Topics Mar 16: (CC Study Session) Library Funding Reallocation Board and Commission Appointments Mar 23: (CC Study Session) Downtown Streets as Public Spaces April 3: PRAB Study Session: (CIS) Capital Investment Strategy (60 min) Recreation Fee Policy (60 min) April 13: (CC Study Session) - Homelessness May 11: Budget Study Session, including BPR Fee Policy Volunteer Appreciation – moving to summer Dept Events & Items of Interest March 27-31: BVSD/CU Spring Break SBRC Annual Maintenance Shutdown March 25 – April 2 April 29 – Tree Giveaway at McGuckin Hardware Scott Carpenter Lap Pool Tentative Open: May 1 Scott Carpenter Leisure Open: May 27 Shelter reservations open Spruce Pool Tentative Open: June 19 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. 2 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 Resources 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: March 20, 2023 A.Approval of Minutes January 23, 2023 3 CITY OF BOULDER BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the following link: www.boulderparks-rec.org Name of Board/Commission: Parks and Recreation Advisory Board Date of Meeting: February 28, 2023 Contact Information Preparing Summary: Rosa Kougl; 303-413-7223 Board Members Present: Pam Yugar, Charles (Chuck) Brock, Mary Scott, Sunny van der Star, Anita Speirs, Elliott Hood, Jason Unger Board Members Absent: Staff Present: Ali Rhodes, Rosa Kougl, Scott Schuttenberg, Stephanie Munro, Bryan Beary, Jackson Hite, Regina Elsner, Mark Davison, Deryn Wagner, Tina Briggs, Ellen Pribyl, Jonathan Thornton Guests Present: N/A Type of Meeting: Regular Agenda Item 1: Call to Order The meeting was called to order at 6:01 p.m. A quorum was present for the conduct of business. Motion to approve agenda. First motion by Hood, second by van der Star. The motion passed 6-0. (Speirs not present for voting). Agenda Item 2: Future Board Items: Rhodes, Director of Parks and Recreation, reviewed upcoming agenda items and events. No PRAB follow up questions or comments. Agenda Item 3: Public participation: •Patrick ORourke shared input regarding a potential Civic Historic District and HiPP review. PRAB requested the process and their role •Nikki McCord shared concerns of the safety measures being taken to ensure the safety of the patrons and staff at the North Boulder Rec Center. •Larry McKeogh shared input for reservoir access and user group pricing. •Kathryn Barth shared an update from Friends of the Bandshell. Agenda Item 4: Consent Agenda A.Approval of Minutes from January 23, 2023 Business Meeting Motion to approve the minutes from the January 23, 2023, Regular PRAB meeting. First motion by Unger, second by Brock. The motion passed 6-0 (Speirs did not vote). B, C, D. Updates from the Director, Project Updates, Operations & Development PRAB had the following questions or comment: 4 •Request for an update of the February 13 Waterside Chat. •Request for how the hourly rate is calculated for access to the Boulder Reservoir being based on a fully daytime rate versus reduced costs that might apply during early opening hours with just one of two staff members present. •What is the big driver for the $100 increase per hour. Agenda Item 5: Items for Action •No items Agenda Item 6: Matters for Discussion •No items Agenda Item 7: Matters from the Department A.State of the Urban Forest Report Elsner and Pribyl presented this item. PRAB had the following questions/comments: •Do we have any sense of how this winter is going to impact the ash borer population? •How do we balance our urban canopy goals with the need to preserve and conserve water significantly over the next years? •Clarification requested regarding the Threes for trees with CU Boulder basketball teams •Regarding trees on private and public land, how do we manage our requirements when things are outside of our jurisdiction? •The 2022 Inflation Reduction Act included 1.5 billion dollars for the Forest Service community in the urban forestry program. Are there any efforts to tap into those funds? It seems like that could be a tremendous resource for people and trees and everything else we need since the Boulder’s Forestry Program seems resource constrained. B.2022 Annual Progress Report Rhodes presented this item. PRAB had the following questions/comments: •The graphics and comparisons between 2021 and 2022 make it very clear how we’ve progressed over the year. •Do we have a sense of spreading out the eligibility levels on how people might be served? •Do we have a verification system on income levels? C.Violet Park Project Intro and overview Wagner presented this item. PRAB had the following questions/comments: •When will a name be developed? 5 •Is the naming process open or is it going to reflect a historical story? •There could be concerns from the community about impacts to wildlife. •This is a very challenging site in terms of multimodal access. •It’s important to include Native Americans with blessings and insights from their perspective given that this was their land before people moved here over 100 years ago. •Would like to know more about the Community Connectors, are we looking for one that speaks English and one that speaks Spanish? •Regarding disabilities, what groups you are engaging? Have we been in touch with intellectual and developmental disabilities? •Have we reached out to the high schools that have kids from that neighborhood? D.Historic Places Plan Briggs presented this item. PRAB had the following questions/comments: •Suggestion made that PRAB meetings be tours to different places, including historic sites. E.Recreation Center Facilities Funding Strategy Briggs presented this item. PRAB had the following questions/comments: •How does the decision-making process work when you have two departments working together? •What is the process of looking at the facilities and determining prioritization? •Why are the rec centers considered separately from the other capital improvement projects? •It’s important that we think carefully about which facilities are hosting programs in terms of how it generates trips and whether is allowing more people to access programs within 15 minutes of walking from their home. •It’s important that we think outside the box for example on renting spaces for popular programs, maybe making use of the YMCA facilities. Agenda Item 8: Matters from the Board Members a.New Member Onboarding and Orientation PRAB had the following questions or comment: •The new member letter needs to be updated with current information and updated bios from the newest members. BPR staff will update with known information to share with new board members. b. PRAB handbook PRAB had the following questions or comment: 6 •All feedback will be sent to Hood by March 3. •Kougl will make the edits and share back with Hood. •The board discussed liaison roles as part of new member onboarding: •Bring back assignments of PRAB members to different city departments as a partner for a year for more personal interactions and other opportunities. We need to organize these assignments so that they can make the welcome letter for the new members to read. •Assign PRAB members to different committees, joint board work or master plan groups. •PRAB can talk about a list of assignments and involvements at the retreat. •Hood requested a list of possible potential liaison opportunities. Perhaps a page in the Handbook can talk about the roles of a PRAB member. •The month of May would be a better time to list out opportunities for PRAB member involvement, engagement opportunities and liaison roles. This will be added to the Future Board Agenda Items in the month of May. c. PRAB Matters PRAB had the following questions or comment: PRAB had the following questions or comment: PRAB Matters PRAB had the following questions or comment: •van der Star attended the Sweethearts Dance with the family and shared that it was a great event. •Brock is not able to attend the March 2nd PRAB Agenda setting meeting. Unger will attend in his place. Agenda Item 9: Next Board Meeting Next Board meeting: Monday, March 20, 2023, Hybrid Agenda Item 10: Adjourn The meeting was adjourned at 9:02 p.m. Approved by: Attested: ___________________ _____________________ Pamela Yugar Rosa Kougl Board Member BPR Staff Date: ______________ Date: _________________ 7 B.Updates from the Director of Parks and Recreation Summer Squad Update Parks and Recreation staff are gearing up for summer and have created a matrix team comprised of employees from across the department focused on recruiting and hiring seasonal staff. The summer squad matrix team is working hard to create opportunities for community members to learn about and apply for the 300+ open seasonal positions in BPR. Staff are coordinating outreach efforts with local high schools, CU Boulder, and partner organizations and passing along hiring flyers, videos, and other materials. A social media campaign is also underway. Additionally, staff held job fairs in February at the North Boulder Recreation Center and the East Boulder Community Center. These events drew strong interest from community members and resulted in several people submitting applications for employment. This includes over 20 applications for lifeguard positions with more applications and interviews happening for several other seasonal positions. Job opportunities can be found at BPRjobs.org. C. Parks and Recreation Planning, Design and Construction Update The following information is intended to provide the PRAB with relevant updates on specific projects as they reach major milestones. This section is not all inclusive of all current projects and only illustrates major project updates. For a complete list of all current projects and details, please visit www.BoulderParkNews.org. Overview of Project Status •Planning Projects Underway: Staff or contractors continue to work on the following projects and will update the PRAB as major milestones are achieved: o Bill Bower Interpretive Garden (planning phase) o Bill Bower Shade Shelter (construction phase) o Civic Area Reimagining – Phase 2 (design phase) o Flatirons Golf Course (construction phase) o HiPP (planning phase) o North Boulder Park (design phase, update in this month’s Matters from the Department) o Pleasantview (planning phase) o Recreation Facilities Plan (planning phase) o Violet Park Plan (planning phase) •Planning Projects in Scoping: Staff are working on scoping the following projects for 2023 and 2024 and will update and consult with the PRAB as appropriate and as projects get underway. o Boulder Creek Path Plan o Courts Level of Service System Plan 8 o Civic Historic District Evaluation o Pearl Street Place Making Planning • Bill Bower Interpretive Garden: Staff is working with Military Officers Association of America (MOAA) to revise the donation proposal for a Bill Bower interpretive garden. Several iterations of the sign text have been exchanged between BPR and MOAA. In addition, a refinement of the vegetation beds and proposed trees have been submitted for staff review. Once MOAA and staff have a proposal they are both comfortable with, staff will share the proposal with the community for feedback. • HiPP: Staff and consultants are reviewing and considering comments and feedback from staff, stakeholders, the community, State Historical Fund (granting agency), and the Landmarks Board to develop a final draft plan for the landmarked properties owned and managed by BPR. Staff will share the outcomes with PRAB in a discussion item scheduled for the April meeting, followed by an action item in May. • Pleasantview: Staff will provide a project update in April’s Matters from the Department • Future of Recreation Centers: Save the date for community engagement! As a follow up to the Recreation Center Facilities Funding Strategy information shared at the February 27, 2023 meeting (starting on page 24), initial community engagement will begin in April. This project is in the pre-planning phase with Facilities working on the financing explorations, and so the focus of this engagement window is informing the public of the city’s approach and starting a conversation on the topic. A webpage and brief online questionnaire are being developed to gather general feedback virtually. In addition, staff will be on-site talk with community members at each recreation center on the following dates and times. PRAB members are welcome to attend and observe. • April 12 - 4:30-6pm - Community Engagement for Future of Recreation Centers at EBCC • April 19 - 10-11:30am - Community Engagement for Future of Recreation Centers at SBRC • April 26 - 4:30-6pm - Community engagement for Future of Recreation Centers at NBRC More information will be shared on this project with PRAB later this spring. Design • North Boulder Park: update in this month’s Matters from the Department Construction The following projects are scheduled for construction, under construction or have been recently completed. For additional details please visit www.BoulderParkNews.org. 9 • Bill Bower Shade Shelter: The planned shade shelter, funded in part by contributions from neighbors last year, is expected to arrive in April. Minimal concrete work around the picnic table closest to the playground is needed to properly install the shelter. Neighbors may notice concrete and installation activity in the area this spring including temporary removal of the picnic table before re-installation under the new shelter can occur. • Flatirons Golf Course: o A building permit for the existing pro shop building renovations has been issued. Existing building renovations will occur during the lowest part of the golf season (Jan./Feb. of 2024). o Re-submission to address all previous comments for the new clubhouse building permit were submitted on February 28. Currently P&DS status shows approximately 12 weeks for review of submissions and potential building permit issue. o Demolition of the snack shack can begin before the building permit for the new clubhouse is issued, but still needs to be scheduled appropriately to minimize impact to golf course operations. Staff, consultants, and contractors are working diligently to address all needs to acquire a demolition permit for the snack shack with the intention to begin the demolition as soon as the permit can be acquired. Asset Management Following are some recent accomplishments related to the Asset Management Program. • Park Condition Assessments: Baseline conditions assessments have now been updated for East Boulder Community Park, Howard Heuston Park, Christensen Park, Frederick Law Olmstead, Jr Park, Hawthorn Community Gardens, Columbine Park, Salberg Park, Elmers 2 Mile Park, and Melody Park. This information informs daily operations as well as annual work planning. The dashboard below shows the updated condition assessment for BPR parks. 10 •Natural Lands and Forestry: Staff have developed a work management dashboard to connect work planning priorities with day-to-day operations. The dashboard below highlights the in-house Forestry Crew using weekly work planning efforts to track and ensure accurate data entry for their program. 11 D. Parks and Recreation Operations Update The following information is intended to provide the PRAB an update on operational activities, changes, or highlights. Cool Boulder Update Cool Boulder is led by the city’s Climate Initiatives department and is focused on expanding community capacity to mobilize community members around nature-based climate solutions. Climate Initiatives staff continue to foster community-based natural climate solutions through the work of the Cool Boulder campaign. In September 2022, a new staff member was hired to provide additional capacity to support the work of community partners. To date, Cool Boulder is comprised of over 30 community partners who meet monthly. Monthly themes and activities can be found on the Cool Boulder website: https://www.coolboulder.org/. In 2023, Climate Initiatives staff seek to expand the number of community partners actively participating in Cool Boulder activities and engage residents in activities supporting the three initial focus areas: Connected Canopies, Pollinator Pathways, and Absorbent Landscapes. 12 13 C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: March 20, 2023 AGENDA TITLE: 2024 Budget Strategy Roadmap and Fee Policy PRESENTERS: Alison Rhodes, Director of Parks and Recreation Scott Schuttenberg, Deputy Director of Parks and Recreation Jackson Hite, Parks & Recreation Sr. Manager – Business Services Stacie Hoffmann, Sr. Budget Analyst EXECUTIVE SUMMARY: The Parks and Recreation Advisory Board (PRAB) has formal approval for capital expenditures from the Permanent Parks and Recreation Fund and an advisory role in developing Boulder Parks and Recreation’s (BPR) annual operating budget. The intent of this item is to get the board’s feedback on the 2024 Budget Strategy, with a focus on the creation of a formal recreation Fee Policy. This memo provides information on: •BPR’s Diverse Funding Sources •2024 Budget Strategy and Analysis •General Fund Subsidy Use •Fee Categories with set Policy •Fee Categories without a set Policy This The Capital Improvement Program (CIP) budget development will follow the 3-touch approach used in years past, and this item outlines the proposal for developing the 2024 operating budget and development of a recreation fee policy. The PRAB will be consulted monthly on BPR’s operating and capital budgets from March through May, with the PRAB’s input shaping the final 2024 Operating Budget and Capital Investment Strategy (CIS). The CIS will be introduced at the study session on April 3, 2024. BACKGROUND: With the budget strategy, each month’s discussion item will build upon the information shared and discussed in the previous month. BPR’s budget includes both revenues and expenses across multiple funds described in greater detail below. The purpose of March’s conversation is to review the current state of BPR based on 2022 actual revenues and expenses, review the 2023 approved budget, and prepare for known opportunities and challenges as department staff prepares the 2024 proposed budget. 14 The PRAB will get an overview of current fee categorization where PRAB policy guidance exists; and proposed fee categorization for other types of fees where PRAB guidance does not currently exist and is requested. For 2024 budget development, BPR seeks to include the previously provided PRAB guidance to create a Fee Policy that encompasses these 3 components of fees, and also develop a department wide fee policy to capture the fee categories without a set policy as described below. The PRAB’s input will be needed to ensure that a Fee Policy provides clear guidance and direction to staff to help regularly update fees. BPR’s Diverse Funding Sources BPR benefits from diverse funding streams including dedicated taxes (sales and property), user fees, general fund support and other fund support. Understanding these varied funding sources is an important first step in the 2024 budget development process; please see Attachment A (2023 BPR Sources and Uses of Funds) for a funding overview of BPR’s primary source of revenues and use of funds (expenses) in 2023. General Fund: The city’s General Fund is supported by fees, sales, property and other taxes. General Fund dollars are managed by the Finance department and allocated each year to city departments and projects by City Council through the annual budget process. The department primarily uses its allocation to fund park and forestry operations and department administration. Permanent Parks and Recreation Fund: Funded by property and development excise taxes, the fund is dedicated for acquiring land and renovating or improving existing parks and recreational facilities. It may not be used to fund daily operations or routine maintenance. Recreation Activity Fund (RAF): The RAF is a quasi-enterprise fund used to operate the department’s many recreation, fitness and sports facilities and programs. RAF funds are largely derived from program and facility user fees with some supplemental funding from the General Fund (primarily to subsidize programs for individuals with disabilities, provide financial aid to those with low incomes and age-based discounts for youth and seniors). .25 Cent Sales Tax Fund (.25ST): The department receives voter-approved sales tax funds (.25 cent) dedicated to acquiring, developing, operating and maintaining parks and recreation facilities. In November 2012, voters renewed the tax with an 85% voter approval through 2035. Lottery Fund: The lottery fund is a special revenue fund that accounts for state conservation trust fund monies allocated to local governments based on population. State conservation trust fund monies are dedicated to parks, recreation, and open space site maintenance and capital improvements. The city receives lottery money on an annual basis from the state and allocates money to the department based upon a percent allocation. Other Funds: The department receives additional funding on a limited basis from the Capital Development Fund, Boulder Junction Capital Improvement Fund and Community, Culture and Safety (CCS) capital improvement bond (2012 and 2017, which was reapproved by voters in 2021 as the Community, Culture, Resilience, and Safety tax (CCRS). These funds vary in frequency each year and are primarily intended for one-time capital improvement program projects and are funds shared with other departments. 15 To submit a balanced budget, the department must have balanced fund financials that ensure expenses do not exceed revenues for the current year plus five additional years. The revenue projections and expenses are developed in consultation with the Finance department. BPR is fortunate in the diversity of funds that are used to fund operations and capital improvement projects; however, each fund is subject to variability in revenue from different economic conditions. The perceived health of each fund will be addressed at the March 2023 meeting with the PRAB. Initial 2024 Budget Development Strategy and Analysis As part of the 2024 budget development, staff will engage the PRAB in several discussions to review the 2024 budget philosophy and make recommendations on a variety of opportunities, challenges, and recommendations. The staff identified opportunities, challenges, and recommendations below will shape the PRAB’s conversation over the coming months. Many of these opportunities and challenges come from Attachment B (Ballard King Analysis - Balancing Community Needs with the Financial Reality). This analysis was provided as part of the 2022 Master Plan Update process to provide a financial expert’s analysis of BPR’s funding. Opportunities: •Recently unanimously accepted BPR Master Plan •Consistent fee categories and definitions as developed through a Fee Policy •Simplify Service Delivery Model to calculate costs •Develop fee evaluation schedule •Potential increases in revenue through strategic fee increase •Reallocation of Library Funding to occur with 2024 budget development (in line with the creation of the Library District) Challenges: •Revenues are not keeping pace with increases in expenses: o Increase in cost of labor through current labor market and recent citywide compensation adjustments o Increase in fixed operating costs with inflation o Increase in construction / CIP costs due to escalation •Age of Assets / Unfunded Capital Maintenance Recommendations: •Equity/Equitable Access Focus •Develop a BPR Fee Policy with clear documentation of PRAB guidance for Facility Access Fees, Golf Course Fees, Recreation Services, Rentals & Access, Commercial Use and Facilitated Programming •Define clear budget for operations and maintenance in line with the Asset Management Program •Permanent Parks and Recreation Fund CIP approval 16 General Fund Subsidy Use: The General Fund Subsidy in the RAF is received annually to fund community benefit programs. The General Fund Subsidy is determined annually based on a conversation between BPR, the Finance department and Executive Budget Team which inform City Council consideration and adoption of the budget. In 2023, the RAF has received $1.6 million of ongoing General Fund Subsidy, with $500,000 in one-time funding for a total funding of $2.1 million. Out of this $2.1 million in funding, BPR intends to utilize the General Fund Subsidy to provide the following community benefit services: •Access and Inclusion - $850,000 to support the Youth Services Initiative (YSI), EXPAND and Inclusion programs. These programs provide community benefit to people with low incomes and people with disabilities; these two populations are those that the community has indicated it is most important for BPR to serve. •Age Based Discounts – $600,000 is used to provides age-based discounts of 40% discount for youth and 25% discount for seniors. The 2022 Master Plan Update Fiscally Constrained Plan Alternative identified there would be continued increases to base facility access fees to keep up with cost escalation, while maintaining discounts for youth and seniors. •Financial Assistance - $700,000 is used to provide direct access to low-income City of Boulder residents by providing a percent subsidy to programs and services for those who qualify. This includes 100% subsidized (free) entry fees and memberships at all 3 recreation centers, outdoor pools and Boulder Reservoirs. An additional 50% discount is provided off eligible programs and services up to $400/person annually. In 2022, there were 3,219 individuals enrolled in this program that accounted for 15% of all facility visitations. BPR intends to discuss the General Fund Subsidy regularly with the Finance department as part of the 2024 budget development to help identify if the subsidy received by BPR can match the level of subsidy given out to community members. If this is not feasible, BPR will look for PRAB and City Council guidance on how to increase program fees, increase program subsidy or adjust service levels. Fee Categories with Set Policy: For the past several years, much of the budget development has focused on the RAF which is a quasi-enterprise fund where the department must balance revenues and expenses to create a balanced budget. The PRAB has provided significant input and policy direction surrounding the facility access fees, golf course fees and recreation program fees. With the 2024 budget development, PRAB will be asked to review the fee methodology where policy already exists to inform how 2024’s fees are developed. 1.Facility Access Fees: In 2019, 2021 and 2022, the PRAB provided significant guidance on the Facility Access Fees. The Facility Access Fees provide users access to the 3 Recreation Centers, outdoor pools and Boulder Reservoir. See Table 1 for Daily Entry Fees, Table 2 for Unlimited Entry Fees, Table 3 for Boulder Reservoir Only Pass and Table 4 for Boulder Reservoir Twilight and Flank Season Fees. 17 The current facility access fees were implemented in January 2023: Table 1. Daily Entry Fees Single Visit 10 Visit Punch Pass Age Resident/Worker* Non-Resident Resident/Worker* Non-Resident Adult 19-59 years $10.00 $12.00 $90 $108 Senior 60+ years $7.50 $9.00 $68 $81 Youth 3-18 years $6.00 $7.25 $54 $65 Daily 4-Pack 4 entries; Max 2 adults $27.00 $32.00 *Individuals who live or work in the City of Boulder are eligible for Resident/Worker rates with proof of residency. Table 2. Unlimited Entry Fees Monthly Pass Annual Pass Age Resident/Worker* Non-Resident Resident/Worker* Non-Resident Adult 19-59 years $69/month $83/month $720/year $864/year Senior 60+ years $52/month $62/month $540/year $648/year Youth 3-18 years $41/month $50/month $432/year $522/year Household See note below $110/month $133/month $1,152/year $1,382/year *Individuals who live or work in the City of Boulder are eligible for Resident/Worker rates with proof of residency. Table 3: Boulder Reservoir Only Pass: Annual Pass Age Resident/Worker* Non-Resident Adult 19-59 years $345/year $414/year Senior 60+ years $260/year $310/year Youth 3-18 years $207/year $249/year Household See note below $552/year $662/year Table 4: Boulder Reservoir Twilight and Flank Season: Per Person Per Car 2+ People Twilight (after 6pm) $5.00 $10.00 Flank Season (April 1 to Thursday before Memorial Day; Tuesday after Labor Day to October 31) $5.00 $10.00 The 2023 fees were based on the following policies based upon BPR Master Plan and endorsed by the PRAB: •Adult Resident Daily Entry Fee – the baseline fee that all other fees are based off and generally assumes the actual cost per visit of operating these facilities on a per visit basis. 18 •Age-based Subsidy - Youth and Senior entry fees should continue to be subsidized through the General Fund at an approximate subsidy of 40% for Youth (under 19 years old) and 25% for Seniors (60+ years old). •Financial Aid – Subsidy should continue to support under-resourced residents in gaining entry to department facilities and participating in department programs. •Worker Fees - Those that work in the City of Boulder should continue to pay the same fees as those that live in the City of Boulder, to support Boulder’s economic vitality goals, for facility membership and entrance. •Non-resident Fees - Non-residents should pay higher fees than those who live or work in the City of Boulder. The PRAB supported a standard non-resident premium of 22-25% above the resident rate for daily entrances and memberships. •Entry Fee Increases – After reviewing market analysis, value of service, and financial sustainability goals, the PRAB supported a base increase to entry fees by an average of 11% - the first fee increase in 3 years. •Seasonal Facility Entry Fees – The PRAB supported an option to align seasonal facility entry fees for Scott Carpenter Pool, Spruce Pool, and Boulder Reservoir with the fees charged for the Recreation Centers to simplify pricing for customers and based upon customer input. The PRAB also supported continuing to include these seasonal facilities in system-wide Annual, Monthly, and Punch Card entry options. •Boulder Reservoir Only Fees – Following the 2022 Reservoir After Action Review, staff supported the continuation of the Twilight Fee (after 6pm) and a Flank Season Fee; and the creation of a Reservoir Only Annual Pass. A Reservoir Only Annual Pass was deemed necessary since the facility has a normal charge during summer months, a reduced flank season rate and is free in the off season. •Streamlined Multi-Visit Pass Options – In 2020, the PRAB supported an option to reduce the number of Punch Card pass options to 10 punches, while adding a more flexible monthly access option. The fees discussed above are charged upon entry to a facility or an unlimited pass may be used. This revenue generated by the entire recreation operation, with a subsidy from the General Fund must pay for operation of the facilities, staff that operate the facility, and everything else needed to deliver the recreation experience including passive recreation at the reservoir, lap pools, leisure pools, gymnasiums, racquetball courts, hot tubs, saunas, steam rooms, weight rooms, cardio equipment, lighted tennis courts, outdoor sand volleyball, drop-in fitness classes, and drop-in mind/body classes. By purchasing a multi-visit pass (10 punches), members receive discounted access (10% per visit) to the three recreation centers, the two outdoor pools, and the Boulder Reservoir. With the purchase of an unlimited pass, members receive discounted access to all the previously mentioned facilities and programs at an even greater discount, as well as additional discounts on registered programs as available. Historically, unlimited pass members have received childcare which will be reintroduced later this year as recruitment for childcare staff is currently ongoing. 19 2.Golf Course Fees: The Flatirons Golf Course Fees (see Table 5: Golf Course Fees) were reviewed by the PRAB at the October 28, 2019, PRAB meeting. At that time, daily fee rate adjustments were made effective in 2020 for 9 and 18 holes. Table 5: Golf Course Fees: Monday through Thursday Friday to Sunday 9 Hole 18 Hole 9 Hole 18 Hole Adult $27.00 $40.00 $29.00 $45.00 Senior / Military / Student $22.00 $35.00 $25.00 $41.00 Junior $21.00 $31.00 $21.00 $31.00 These fees ensure the golf course operations meet established cost recovery goals for an “exclusive” benefit program in the Recreation Priority Index and operate without General Fund subsidy. A formal business plan and cost increases are planned in alignment with future capital investments at the course, which are expected to be completed in early 2024. Additional fees were supported by PRAB to include: •Off Season Rates - lower fees charged during the off season (November to February) and shoulder season (March and April). •Punch Pass Program - golf course punch pass program created that provided discounts for players who purchased 20 punches of nine-holes. •Annual Pass – targeted for those players who played more than 40 rounds per season. 3.Recreation Program Fees: Recreation program fees are reviewed by staff annually in line with the Service Delivery Model and Recreation Priority Index (RPI), to ensure that community programs are receiving a subsidy, while exclusive programming pays for all direct expenses (see Table 6: BPR Program Categorization). The RPI is a balanced scorecard approach that allows recreation managers and decision-makers to compare the relative importance of programs in relation to one another and establish cost recovery rates. The score produced will be unique to individual programs and accounts for the delivery and reach of programs, substitutability within the community, community health and wellness goals, building community and relationships and targeted goals. Staff will update the fees charged for each program based on the cost recovery targets prior to each registration guide being published. 20 Table 6: Program Categorization Fee Categories Without a Set Policy: As BPR prepares for Accreditation by the Commission for the Accreditation of Parks and Recreation Agencies (CAPRA), a formal fee policy is required. The fee policy will ensure there is a consistent approach to all fee setting across the department, addressing gaps and inconsistencies in BPR’s current fee-setting practices. BPR has identified the 3 additional categories to address in 2023 to create a consistent and transparent method for setting fees, cost recovery targets, determining a frequency of review of these fees, factoring in the benefit received by the end users of these types of services. The 3 additional revenue categories to be clarified in the proposed fee policy include: Rentals and Access, Commercial Use, and Facilitated Programming (see Table 7: Proposed Fee Categories). Table 7: Proposed Fee Categories Fee Category Examples Current Tool Frequency of Review Benefit Level Rentals & Access Field Rentals for Soccer Lane Rentals for Swimming Varies Varies based on type and inconsistent. Would include in Fee Policy to update in 2024 Recreation & Exclusive Commercial Use Gladiator Fitness Lease at Reservoir Varies Exclusive Facilitated Programming Gonzo Tennis Goats & Gardens Camp Revenue Splits based on cost recovery Exclusive BPR intends to return with a formal fee policy that documents the guidance received from the PRAB for all 6 proposed fee categories including Facility Access Fees, Golf Course Fees, Recreation Program Fees, Rentals & Access, Commercial Use and Facilitated Programming. 21 NEXT STEPS: In March, April and May, staff will consult with the PRAB as it develops the 2024 Budget: March 2023: Surveying the Landscape & Looking Ahead In March, staff will provide a recap of 2022 actual revenues and expenses, the 2023 approved budget and look ahead with a 5-year financial outlook. Staff will also provide an overview of the health and outlook for the various funding sources, including the opportunities and challenges as BPR develops the annual budget. Finally, staff will provide an overview of the proposed structure of the Fee Policy. April 2023 Study Session: Fee Policy & Capital Investment Strategy At a Study Session in early April, the department will review the structure of the proposed fee policy and solicit PRAB input on factors to consider when creating the policy. The PRAB will also get an update on the 2024-2029 Capital Investment Strategy (CIS), which will inform the department’s submission for the 2024-2029 Capital Improvement Program (CIP). April 2023: Formalization of a Fee Policy In April, staff will return with PRAB’s input from the April Study Session to share a proposed Fee Policy. This will be an opportunity to review the proposed structure and proposed changes to fees. May 2023: 2024 Fee and/or Service Proposals and Adoption of a Fee Policy In May, the department will share recommendations for 2024 service levels and/or fees based upon April PRAB input. Additionally, the staff will ask the PRAB to recommend a Fee Policy structure which will help guide 2024 budget development and future year’s fee development. The PRAB’s role on fee policy is advisory and the board’s input is valued and respected as the department’s budget is reviewed with the city’s Executive Budget Team, different boards and commissions and ultimately, City Council. May will also include the board’s second touch of the 2024-2029 Capital Improvement Program (CIP). The Parks and Recreation budget submittal is due to the Finance department by mid-June for citywide review and synthesis. City Council review of the 2024 budget will begin in September and formal adoption by City Council is planned for October. Questions for the PRAB: 1) Staff developed the parameters to guide the budget conversation and development of a Fee policy over the next several months. Is there anything else you would like us to explore? 2) What information or data does the PRAB need to help inform their decision-making process as the 2024 budget is developed? 3)Does the PRAB have input on the process to create a Fee Policy? 4)Does the PRAB have input on the general categorization of Fees? 5) Is there any input on opportunities, challenges, and recommendations? Are there any additional areas that should be a focus? 22 Attachments: Attachment A 2023 BPR Sources and Uses of Funds Attachment B Ballard King Analysis – Balancing Community Needs with the Financial Reality 23 Main1100 ‐ General Fund 2110 ‐ Lottery Fund 2180 ‐ .25 Cent Sales Tax Fund 2300 ‐ Recreation Activity Fund3300 ‐ Permanent Parks & Recreation Fund Desc.Governmental Fund accounts for the revenues and expenditurs neceassary to carry out basic governmental activities of the city which are not required to be accounted for in another fund. Special Revenue Fund accounts for State Conservation Trust Fund proceeds to be utilized for the acquisition, development, and maintenance of new conservation sites or for capital improvements or maintenance for recreational purposes on any public site. Special Revenue Fund accounts for earmarked sales tax authorized by the voters in 1995 for Parks & Recreationoperating and capital needs. Special Revenue/Quasi‐Entersprise Fund to account for fees and services related to the provision of recreation, reservoir and golf course services/programs.Capital Improvement Fund accounts for dedicated property tax for the acquisition of park land or permanent improvements of park and recreation facilities.Summary of Sources of Funds$6,376,545$428,000$11,253,990$11,984,277$3,855,224City wide fund comprised of:• Sales Tax• Property Tax• Fees• Other taxes (accomodations, admission, etc.)• State of Colorado distributes revenue to entitieson a per capita basis • Parks & Recreationreceives a portion of the City of Boulder's annual contribution• Fund specific to Parks & Recreaion• Approved by voters in 1995 for a 20 year period was extended by voters with an approval of 85% through 2035.• Fund specific to Parks & Recreaton • Grants/donations, user and participation fees• Subsidy transfer provided by the General Fund for community benefit programming• Fund specific to Parks & Recreation• The City of Boulder receives $.14 of every property tax $ collected in Boulder. Out of the $.14, Parks & Recreation receives $.01Summary of Uses of Funds$6,376,545$428,000$9,623,329$11,943,330$3,865,829Operations and Maintenance• General Park Maintenance & Mgmt.• Playground and Shelter Maintenance• Horticulture, Turf and Irrigation Maint.• Pearl St. Mall and Boulder Creek Path• Ballfield Maintenance • Trash and Snow Removal• Forestry • Urban Ranger Program Administrative Support Services• Office of the Director• Business and Financial Mgmt• PRAB SupportCapital Improvements• Land Improvements• Park DevelopmentOperations and Maintenance• General Park Maintenance & Mgmt.• Horticulture, Turf and Irrigation Maint.• Ballfield Maintenance • Trash and Snow Removal• Forestry• Natural Lands• Valmont City ParkAdministrative Support ServicesCommunity Partnerships & Volunteer Svcs.• Special EventsRenovation and RefurbishmentCapital Improvements• Park DevelopmentCost AllocationRecreation Facilities• East, North & South Recreation Centers•Aquatics (Indoor & Outdoor Pools)• Health & Wellness •Admin Support & MarketingRecreation Services• Gymnastics • Camps• Sports• Contracted programsRegional Facilities• Boulder Reservoir• Flatirons Golf CourseAccess & Inclusion• Therapeutic Recreation & Youth Services InitiativeAcquisition and Development• Acquisition of Park Land• Planning• Park Development/Construction• ConstructionRenovation and RefurbishmentCapital Improvements ProgramCost Allocation RestrictionsThe General Fund allocation was established to finance the basic functions of Parks and Recreation. Note: The General Fund Subsidy allocation dedicated for Recreation is provided through an annual transfer to the Recreation Activity Fund.Funding can be used for the acquisition, development, and maintenance of new conservation sites or for capital improvements or maintenance for recreational purposes on any public site.Primarily used for park maintenance, urban park refurbishment, renovation of facilities, pools, urban parks, historic/cultural facilities, civic center complex, development of all categories of parks, and new recreation facilities.Department manages all expenses, receives revenues from grants/donations, user and participation fees related to the provision of recreation, reservoir and golf course services/programs, and relies on a subsidy from the General Fund to support community benefit programming. Appropriations of the fund must be approved by the PRAB. The fund shall not be used for any purpose other than for the acquisition of park land or permanent improvements of park and recreation facilities. Parks & Recreation Funds ‐ 2023 Approved ‐ Sources: $33.9 Million / Uses: $32.2 MillionGeneral Fund$6,376,545100%Admin $1,065,15317%Comm. Partnership & Volunteerism $45,840…Urban Parks & Ranger Program $4,159,02265%Forestry, $1,106,530 17%Colorado Lottery Fund$428,000100%Sales Tax$11,103,390…Interest$55,000<1%Valmont City Park$65,0001%Other Revenue$30,6001%Cost Allocation$676,8107%Urban Parks$3,134,64832%Admin$1,133,98…Comm. Partnership & Volunteerism $731,7668%Valmont City Park$469,9645%R&R$200,0002%CIP $1,600,00017%Planning & Ecological Services$1,365,15814%Transfer‐RAF$311,000 3%Recreation Facilities$4,480,16837%Recreation Services$2,138,84218%Access & Inclusion$82,500 1%Golf $1,385,05411%Reservoir $1,460,00012%Misc. Recreation Revenue$6,000<1%Transfers ‐General Fund Subsidy$2,107,71318%Other Transfers$324,0003%Recreation Facilities$6,763,20057%Recreation Services $1,370,39011%Access & Inclusion$848,3427%Golf $1,586,56613%Reservoir $1,374,83212%Property Tax$3,800,22499%Interest$55,000<1%Construction & Maint Mgt$682,29018%CIP$2,154,00056%Planning $637,48816%Cost Allocation, $192,0505%R&R, $200,000, 5%CIP$428,000100%3/13/2023Attachment A24 Balancing Community Needs with the Financial Realities As the update to the City of Boulder’s Parks & Recreation Master Plan is nearing completion, it is clear that balancing the needs of the community with the financial realities of the city will be of paramount importance if the goals of the master plan are to be successfully implemented. Master Plan Themes The following are the identified themes for the update to the master plan that impact community needs and finances. 1.Community Health & Wellness 2. Taking Care of What We Have 3.Financial Sustainability 4. Building Community Relationships 5.Youth Engagement & Activity 6.Organizational Readiness 7.Equity & Resilience Of these goals, Community Health & Wellness, Building Community Relationships, Youth Engagement & Activity, and Equity & Resilience are front facing initiatives that require an ongoing commitment of time and resources to accomplish. On the other side, Taking Care of What We Have, Financial Sustainability and Organizational Readiness are the City’s back of the house commitment to ensuring that parks and recreation facilities and services can continue to be provided. These themes strike at the heart of the balance question between needs and resources. Existing Issues BPR is currently dealing with a significant number of issues that impact the delivery of parks and recreation facilities and programs in the future. The pandemic has exacerbated many of these issues. The material for this section was derived from information included in the draft master plan update document and additional back-up data provided by BPR. Continuing to Serve a Growing Market •Boulder’s population in 2020 was 108,091 (including CU students). The population is projected to grow to 123,000 by 2040. •Boulder County’s senior population (age 60+) is expected to nearly double to 28% of the total population by 2040. •There will be a significant increase in the Latinx community in the city from 10% in 2019 to potentially just over 30% by 2040 (based on state wide projections). •The population of the northern Front Range is also projected to grow at a fast pace during this time period. Attachment B 25 •While the primary focus of BPR is to serve the residents of Boulder, non-residents make up approximately 25% of program and facility users. •The growing market will result in an increasing demand for recreation facilities, programs and services. The overall population increase in Boulder will require a greater capacity for services as well as additional specific services focused on seniors and the Latinx community. This will likely require additional funding to meet these needs. Note: The demographic information was derived from the 2021 Needs Assessment Report as part of the Boulder Parks and Recreation Master Plan Update. Providing a Full complement of Recreation Amenities •BPR manages a wide range and quantity of facilities. Attachment B 26 Offering a Full Complement of Recreation Programs •BPR offers a wide range of recreation programs with strong enrollment numbers, even with an overall decline in participation since 2017. •BPR contracts out youth sports, tennis, dance, and some summer camp programs. Dealing with Increasing Operations Costs •Staffing costs continue to increase with a commitment to pay a living wage for full-time as well as part-time positions. The impact of minimum wage increases and the need to attract and retain good employees has also affected costs. The average annual growth rate in staffing costs for the next 5 years is projected to be 5%. Staffing is the greatest operational cost for BPR as well as most all parks and recreation agencies. •Utility costs have also continued to increase especially in the last two to three years. This has a significant impact on BPR’s operations budget. The average annual growth rate in overall operating costs (minus staffing) for the next 5 years is projected to be 4%. •Goods and service costs have seen a dramatic impact in the last few years due in part to the pandemic and this is projected to continue for the next couple of years at a minimum of 4% per year if not higher. Attachment B 27 •BPR is also assessed interdepartmental charges for services that saw large increases from 2016 through 2019. However, charges have dropped sharply in 20202 and 2021 due to the pandemic and lower budget numbers. It is projected that these charges will grow by 3% per year for the next 5 years. •It is recognized that the pandemic had an impact on certain operating costs in 2020 and 2021. While costs were showing a steady increase until 2020, with the pandemic overall costs have declined due to reduced programs and services as well as the limited operation of facilities. However, post pandemic BPR will need to be prepared for significant increases in operating costs again. This will need to be matched with the realization that revenues are only projected to increase by 2% to 3% for the next five years. Funding Increased Capital Replacement Costs •BPR utilizes an Asset Management Plan to track parks and recreation assets and estimate capital replacement value (CRV). o In 2021 BPR had a CRV value of $298,476,655. o Based on spending 2-3% of CRV annually on capital repairs and replacement, BPR has as an estimated total maintenance backlog of $20,579,515. BPR currently expends $5.6 million annually for this purpose leaving it $1.9 million short. o There are also approximately $177,935,000 in unfunded capital projects. o Operations and maintenance or preventative maintenance funding should be 4% of the CRV annually or $11.9 million and is only being funded at $8.6 million annually resulting in a shortfall of $3.3 million. o The city’s Urban Forestry Strategic Plan indicates the urban tree canopy is also an asset but since it has an appreciating value, it was not included in the backlog of operations and maintenance calculations above. The required funding for maintaining the urban tree canopy is not in place. Stagnant Earned Revenues •BPR has strong service delivery and fee policies in place. o Service Costing Methodology is detailed out. o Service Delivery Framework modeling is in place to determine what programs should be offered and how they are best provided. o Program Prioritization, Subsidization, and Cost Recovery (RPI) guides programming efforts and the calculation of the rate of cost recovery. o The cost recovery level for recreation programs increased from an average of 82% from 2007-2011 to 92% from 2017-2019. •There have been issues with pricing some services beyond what the market will bear. •Despite these policies there is still a negative gap between yearly program revenues and expenditures. As a result, BPR will need to consider some or all of these options: o Increased program fees o Increased program subsidy o Adjusting service levels •Grants have helped with funding for a number of services including: o Facility Access Attachment B 28 o EXPAND/Inclusion o Sports o Youth Sports Initiative •Financial aid is available through general fund subsidy and partially supported through an annual competitive grant from the Health Equity Fund, as the Recquity program. These sources fund facility access (up to 100% of fee) and 50% of program fees. Additionally, BPR accepts the PLAY Boulder Foundation’s PLAYpass, which provides low-income youth with $250 program credit annually towards reduced fees." •In 2019, $96,392 in financial aid for parks and recreation programs was delivered in the following manner: o Age groups were rather evenly split on receiving aid with the exception of Older Adults (seniors) who received aid primarily through third-party payers. Age Group Percentage of Aid Adults 30.5% Children 35.6% Older Adults 3.0% Teenagers 30.9% o Financial aid was distributed to programs in the following areas. The EXPAND program (recreation for people with disabilities) was the greatest recipient of aid followed by Youth Services Initiative and Gymnastics. Program Division Percentage of Aid Aquatics 7.6% EXPAND 50.1% Gymnastics 17.8% Health & Wellness 1.5% Mind & Body 1.8% Sports 2.0% Youth Services Initiative 18.1% o 82% of the financial aid was given to residents of Boulder and the balance went primarily to people living in communities in close proximity to the city. •In addition to recreation program aid, in 2019 a total of $430,496 in subsidy was provided for entry to BPR facilities and for courses provided at those locations ($50,561 of the total). Membership age categories by percentage were primarily families. Age Group Percentage of Aid Adults 11.2% Senior 14.6% Family 71.3% Attachment B 29 •It is estimated that up to 90% of older adult (senior) programming is paid through a third-party payer. This includes Silver Sneakers, Silver & Fit and New Active. Insurance reimburses BPR at a standard rate per visit, but this is a discounted rate over the stated user fees. However, a major portion of this market would likely not be participating in BPR programs or facilities without these services. •The city offers a Wellness Pass to employees to utilize BPR facilities and programs at a reduced rate. There is reimbursement to BPR for the value of the pass built into the General Fund subsidy to the RAF but at a reduced rate from the established fees. Funding Sources •BPR utilizes a number of sources for funding operations and capital projects. In 2021 the total BPR budget was $29,936,362. Funding sources include: Source Funding % Description General Fund 15% A blend of taxes that supports overall city operations Recreation Activity Fund (RAF) 37% A special revenue fund from user fees, grants, donations, and general fund transfers .25 Cent Sales Tax Fund 30% A voter approved sales tax that supports operations, maintenance, and capital improvements Permanent Parks & Rec. Fund 13% A permanent earmark of property tax revenues for capital projects Lottery Fund 2% A portion of the city’s allocation of state lottery funds for capital and maintenance of recreation amenities Note: The Capital Development Fund makes up the balance of the funding percentage. •BPR is currently utilizing these available resources to their full capability. Over the last 5 years funding levels have remained mostly flat. •Future funding from these sources is projected to increase only slightly for the next five years with annual growth projected to be 2.8%. •BPR utilizes an extensive number of partnerships for programs and services. Attachment B 30 Community Input Community members were given the opportunity to respond to a survey to guide the master plan process. The following are some of the key findings from the survey instrument. Population Groups and the Importance of Providing Programming for Each This response indicates the importance of providing programs for population groups that traditionally have lower fees and consequently contribute to a lower rate of cost recovery. Attachment B 31 Given the Opportunity to Allocate $100 Tax Dollars, the Following Were the Priorities Clearly the priority is on maintaining and renovating existing facilities and removing financial barriers to participation in existing programs and services, over adding park land or constructing new facilities. Impact of Spending Tax Dollars for Various Groups in the Community Respondents believe that their tax dollars would be best spent on youth/teens and seniors with the lowest impact being on adults. Attachment B 32 Support for BPR Funding Options For funding, the preferred options are clearly continuing to rely on existing sources with minimal support for a new sales tax. Benchmark Comparisons Boulder information and data on operations was provided by BPR and compared with the National Recreation and Park Association through their annual Agency Performance Review data. Comparisons with 2019 NRPA Agency Performance Review Data Measure National National Population 65,000- 175,000 Colorado Population 65,000- 175,000 Boulder FTEs per 10,000 Residents 8.5 10.2 22.1 22.2 Operating Expenditures per Capita $87 $101 $216 $216 Revenue per Capita $26 $36 $93 $104 Revenue/Expenditure (cost recovery) 28.7% 29.1% 42.2% 48.4% Tax Expenditures per Capita $59 $62 $92 $111 Operating Expenditures per FTE $97,508 $102,050 $95,647 $97,394 Attachment B 33 How Boulder Compares •BPR has performance data that is very similar to other agencies in Colorado with comparable sized populations with the following exceptions: o Revenue per capita is 12% higher. This is due in part to the strong emphasis on revenue production. o The cost recovery level is 15% higher. This is the result of more aggressive cost recovery standards that were instituted after the 2008-2009 Great Recession. o The rate of tax expenditures per capita is approximately 20% higher. This is due to increased staffing costs (livable wage), greater levels of maintenance, a commitment to environmentally sustainable practices, and the higher cost for goods and services. It is important to realize that Colorado’s performance data metrics are much higher than the national numbers. •Other 2019 NRPA national benchmark information includes: o For a typical agency staffing costs make up 54% of an operating budget but for BPR it is 64%. BPR has higher staffing expenditures due to the number and diversity of parks and recreation facilities that are operated and maintained and the higher market rates of compensation of employees. o For a typical agency 44% of the operations budget is for parks and 43% is for recreation, while 13% is for other. For BPR, 38% is for parks and 44% is for recreation and 18% is for other. The “other” category is higher for BPR due to administrative costs, community outreach, volunteers, partnerships, planning and interdepartmental charges. o Typical agencies derive 60% of their operating expenditures from general fund tax support while BPR is only 19%. Earned income is 24% of most agencies funding but for BPR it is 45%. Dedicated levies are 11% of most agencies’ budgets but for BPR it is 30%. With BPR’s commitment to generating higher levels of earned income and the ability to pull funding from dedicated levies, the reliance on the general fund is much lower. Moving Forward Operations Philosophy •Balancing need with funding is a common issue for most communities as they determine the future direction for parks and recreation facilities and services. The impacts of the pandemic have only made this more difficult. •BPR has an outstanding operational foundation and history of providing parks and recreation services to the community. This includes a strong staff, a variety of facilities, and great programs, which is backed up with very strong financial policies and performance data to help make decisions. This is a step ahead of most departments nationally and allows for well thought out decisions to be made. •It is likely that BPR will need to further prioritize its allocation of resources for parks, facilities, as well as programs and services, with a recognition that it is probably not Attachment B 34 financially viable to do all the traditional as well as new services that are being requested by the public. Many larger parks and recreation agencies are working through this difficult process that requires extensive planning, public input, and staff time to accomplish. The implementation process often requires 5 years or more. •BPR is currently a regional provider of parks and recreation services with a significant percentage of users being non-Boulder residents. The future role of BPR in offering services to non-residents will need to be determined along with the effect on fees (increasing non-resident fees, demand pricing, etc.) and operating budgets. For communities that have more of a regional focus, there has been a re-evaluation of the need and financial impact of taking on this responsibility. There has been a movement toward having counties start to pay cities for use by their residents when they are in unincorporated areas. •Community partnerships are an important area of emphasis for BPR and allows for a broader range of services to be delivered to the community. In the future there will need to be an increased focus on partnerships if facilities and services are going to grow. Partnerships have a much larger role in parks and recreation agencies across the country but doing this well requires a willing and competent partner, a positive cost/benefit analysis, clear policies, and a detailed partnership agreement to be in place. This all takes time, staff, and money to accomplish. •Any significant change to the method, types, or quantity of parks and recreation services that will be provided in the future will require continued public input and discussion if these efforts are going to be successful. Funding •BPR has a very diversified funding plan that has a low reliance on the city’s general fund compared to most communities. The Department has a high rate of earned income, and several sources of dedicated funding for certain aspects of operations as well as capital improvements. •It should not be expected that BPR will be able to lower is reliance on the general fund below its current level and the need to increase services for certain groups of the population (youth, teens, seniors, lower income, and people with disabilities) could likely require an increase from this funding source and/or outside funding from other organizations. •Despite the low reliance on general fund tax dollars, the ability to generate additional dollars from earned income will be difficult with fees and charges for many services that are perceived as being high for the market and contributing to reduced participation from some segments of the community (hence the need for an increase in financial aid administered through a sliding scale). BPR has a very high cost recovery rate compared to most agencies as many have not focused on this aspect of funding or maximized the potential for earned income. However, it is unrealistic to expect much of any increase in Attachment B 35 the current cost recovery rate in the future due primarily to higher staffing and operations costs. •Even though BPR has a number of dedicated tax funding sources, there are limitations on how these funds can be used that can result in less flexibility in how dollars are utilized for parks and recreation in general. With the level of funding from these sources this directs a sizeable portion of the operating budget to certain uses. Having dedicated tax funding sources in place is still not common for most parks and recreation agencies but is an area that is receiving increased emphasis by agencies as a way to guarantee funding sources and levels. •BPR has actively pursued grant opportunities for a variety of parks and recreation services and this needs to continue. Increasingly, larger departments are employing a fulltime staff person(s) who’s primary job is to pursue grant opportunities. Operations Budgets •BPR has strong management and budgeting practices in place that allows for the effective utilization of financial resources as well as tracking of expenditures and revenues. Industry best practices have reinforced the importance of having comprehensive budgeting policies and practices in place. •BPR has a well detailed service delivery and fee policy in place. However, simplifying these policies and methodologies would be helpful. Many agencies do have similar policies, but they are generally much more streamlined. •Integrating additional cost center accounting into the budgeting process will help BPR define the actual cost of operation and management of not only programs but also individual facilities and parks. There is a strong movement in public agencies to adopt this form of budgeting to better define the true cost of service for individual programs and facilities. •Contracting for more and more programming, operations and maintenance services has become a definite trend with public parks and recreation agencies. However, this has not always been the most cost-effective approach, has at times resulted in inconsistent services, and requires on-going monitoring with strong contracts. BPR should continue to complete a cost/benefit analysis for possible additional contract opportunities in the future. •BPR should continue to provide opportunities for financial aid for those that have limited ability to pay, however this is currently being done at a high rate which may be more difficult to sustain in the future. The aid should continue to be for both facility admissions as well as programs and services. It should include internal department-based aid (Recquity) as well as external aid through PLAY Boulder Foundation and the Health Equity Fund. Establishing consistent policies and benefits from all sources will be important. The cost of providing internal aid should be budgeted and tracked on an Attachment B 36 annual basis. There should also be some level of payment for services required from the recipient (sliding scale based on income) as well as a maximum level of benefit per person per year. BPR does have a maximum level of benefit for its program, but external providers do not. The question of providing financial aid to non-residents should also be examined. Most agencies have some form of financial aid or scholarship, but programs vary widely as do the requirements. There has been a strong effort to have these programs funded by outside organizations rather than through the department’s budget. BPR’s commitment to financial aid is at a very high rate compared to other communities and managing this process from administration to actual funding will be important for the future. This will require consistent funding sources that support financial aid on a multi- year basis. •Reducing budgets in any significant manner will require that staffing levels be lowered, and operational costs related to utilities minimized. This is a major challenge as the potential loss of staff directly impacts the level of service and lowering utility costs usually requires capital investment for more efficient systems. During the Great Recession of 2007-2008, and the pandemic, agencies were forced to reduce staff, this often occurred with administrative staff or was associated with a reduction in programming or facilities. •With a greater emphasis on controlling staffing costs, parks and recreation agencies have become much more reliant on the use of volunteers for select programs and facility operations. This has resulted in some challenges maintaining a consistent level of available volunteers, defining appropriate roles, completing background checks, and training. Having an effective volunteer program requires one or more fulltime staff to manage and coordinate the program. BPR has made great use of volunteers up this point (2,424 volunteers contributing 19,130 hours in the last five years) and this will need to continue to grow in the future. •The BPR budget has a line item for interdepartmental charges which grew substantially from 2016 through 2019 and then saw a significant reduction in 2020 and 2021 due to the pandemic. More and more cities (especially those in larger communities) are saddling parks and recreation budgets with these charges which are calculated by others with no ability for a department to manage. Some agencies do not include these charges in their cost of service or cost recovery calculations. •BPR should track the annual costs of providing any services for other city departments when these do not directly relate to the department’s mission. Capital Budgets •The public has clearly indicated that they want to see BPR take care of what they have with less emphasis on new parks and facilities. This is a very common refrain from most communities these days and has become the focus of most capital funding efforts. Attachment B 37 •BPR has a very strong Asset Management Plan that is based on a capital replacement value for all the assets. This identifies the yearly spending that is required (2% to 3% of the CRV) to handle capital replacement and repairs. While most agencies have a list of deferred maintenance items as well as a robust CIP budget, relatively few have a comprehensive asset management system on the level of BPR. At times this results in facilities that are not well maintained or simply can no longer meet the needs of the community. •Based on the Asset Management Plan the amount of money being spent of O&M as well as capital repair and replacement needs to be increased to the industry standards noted above. While the goal is notable, most agencies simply do not have the ability to even cover their deferred maintenance issues with on-going funding sources. They either prioritize needs or have a bond issue to fund the bulk of the concerns. Recreation Programs and Services •BPR should continue to utilize the Service Delivery model to determine how best to provide recreation programs and services to the community. This needs to emphasize: o Programs that are best provided by in-house staff. o Programs that are more appropriate for contract providers but still utilize city facilities. o Programs that are the sole responsibility of other providers or organizations. These could be taking place at city facilities or at locations that are owned by other organizations. Although not yet common, this approach to providing programs is gaining more support by other agencies with the realization that public parks and recreation departments cannot be the sole provider of all activities. •BPR should continue to explore additional partnerships with other communities in the area to provide a regional approach to providing certain specialized services such as special needs and some youth services. This will require clear funding and operations agreements as well as staff time to put in place and monitor. There has to be a recognition that partnerships are often difficult to establish and manage and are not always successful. Establishing partnerships for recreation programming is now a standard method for expanding services, especially with limited budgets. •BPR needs to continue to emphasize the tracking of program metrics while adding a metric that indicates programming provided by age and population categories. Having more robust program metrics is a definite trend among parks and recreation agencies. Parks and Recreation Facilities •With the public indicating a lower priority for developing new amenities and a greater emphasis on maintaining existing facilities, the need to maximize the use of current facilities becomes paramount. BPR’s Asset Management Plan deals with many of the Attachment B 38 physical plant issues. However, functional obsolescence is also a concern and increasingly agencies are conducting an assessment of existing parks and recreation facilities ability to meet department and community recreation uses and needs. From this facility updates and renovation priorities are developed. •To ensure facilities are being utilized to their full potential the following tasks are often completed: o A capacity analysis is completed to determine not only the carrying capacity of an amenity (this is especially true for athletic fields) but also the current rate of utilization measured against the capacity. o Establishing clear priorities of use for facilities in general as well as specific spaces or amenities. This helps with potential over use issues as well as underutilization. •With operational budget concerns, agencies have begun to look at either having contract management of existing facilities or the outright lease (usually at below market rates) of facilities to other organizations. However, the city or district is still the owner, has certain maintenance responsibilities as well as capital replacement, and has limited input into the specific services that are offered. •Since the focus for BPR will be on maintaining existing facilities, the priority for developing new facilities will be low. If there are to be any new facilities the approach is likely to include: o Reliance on other providers to be the owners and operators with possible low-cost ground leases on city property. o Equity partnerships with non-profit and public sector organizations to assist with the development of facilities. This approach has been utilized by other public agencies with varying levels of success. The strength of the agreement, the level of financial contribution, and the goals of the partnering entity can impact the outcome. •If there is an interest in adding new facilities, the focus should be on those that have the ability to generate levels of income above the direct cost of operation (high cost recovery). As an example, these could include event centers and outdoor adventure park or ropes courses. There are opportunities to have equity partners build and operate these facilities with low ground leases while still paying a significant annual rate of revenue to the city based on a percentage of gross proceeds. These P3 arrangements are starting to be more prevalent with parks and recreation agencies across the country. Attachment B 39 TO: Parks and Recreation Advisory Board FROM: Alison Rhodes, Director of Parks and Recreation Scott Schuttenberg, Deputy Director Bryan Beary, Senior Manager, Community Building and Partnerships Mark Davison, Senior Manager, Planning Regina Elsner, Senior Manager, Natural Resources Jackson Hite, Senior Manager, Business Services Megann Lohman, Senior Manager, Recreation Stephanie Munro, Senior Manager, Regional Facilities Dennis Warrington, Senior Manager, Urban Parks SUBJECT: Matters from the Department DATE: March 20, 2023 A. North Boulder Park: In 2022, staff began the planning, design, and public engagement for the playground replacement at North Boulder Park. The intent of this item is to provide the Parks and Recreation Advisory Board (PRAB) with updates on the scope and phasing of the project. The initial planning process highlighted needs beyond the original scope, which was limited to replacing the playground equipment and updating the shade structure and restrooms. Examples include stormwater drainage issues, challenges with location and style of exercise equipment, missing teen based play opportunities, and opportunities for incorporating more nature play into the play experience. In addition, the upcoming adjacent development and space activation of Alpine Balsam also prompted staff to consider a wider range of experiences in the park. Details about the park project and engagement can be found on the project web page. The original projected began from a need to replace the existing playground equipment at North Boulder Park, installed in the late 1990s that has surpassed its useful life, as well as renovations needed for the seasonal picnic shelter. Playgrounds generally have a 25–30-year lifespan before needing to be replaced as part availability becomes an issue and repair frequency increases. The similarly aged shade shelter and restrooms were also identified for improvements in the original scope given their seasonal-only use and dated infrastructure. Several stormwater issues were also identified in the early phase of the project: • During high water flow events, stormwater sheets across the playground with enough velocity to displace the pea gravel play surface. o The concept plans shared with PRAB and the community in 2022 included a 4’- 6’ berm to partially mitigate the stormwater drainage on the park's north side. A study to further evaluate the stormwater demonstrated that the berm would provide some protection from high water flow events but would not mitigate the issue. Further research and engineering is needed to determine a viable long-term solution. The Utilities Department is considering advancing its schedule and funding to engineer, design, and construct stormwater improvements in the area to take advantage of potential cost-savings and cost-sharing with the BPR project. • Wet and soggy areas are consistently present on the park's south side. 40 o Addressing these soggy areas on the park's south side were outside of the original scope of the playground renovation. A flood inlet to be installed under 9th Street as part of the Alpine-Balsam project creates an opportunity to coordinate and take advantage of potential cost savings and cost-sharing for engineering, design, and construction of improved drainage on the south side of the park. Given these emerging needs and opportunities, the timeline for the project will be adjusted to enable the development of the expanded site program and better enable collaboration with other departments in relation to stormwater in and adjacent to the park property. The Utilities Department is nearing the finalization of the Upper Goose Creek and Twomile Canyon Creek Flood Mitigation Plan (UGT), which identifies Upper Goose Creek origination at North Boulder Park and continues to flow eastward. In addition, the Facilities and Fleet Department is moving forward with the Alpine Balsam Area Plan development, which is adjacent to the park. The UGT and the Alpine Balsam project indicate the need for a stormwater flood inlet under 9th St. on the park's southeast side. Staff is working closely with Utilities and Facilities to maximize the opportunity to improve stormwater mitigation across the entire park and minimize overall park user impact. A slower timeline for the North Boulder Park Renovation allows for BPR to better address holistic needs across the park, including better city-wide coordination and potential cost savings. Projects underway: Restroom renovations are underway since they will be unaffected by the stormwater improvements. Demolition of the existing floor has been completed, and new hydronic floor heating has been installed. Electrical and plumbing modifications are underway. A new concrete floor slab and block wall repairs will be complete by the end of March. Next Steps: Utilities staff will present the UGT to the Water Resources Advisory Board on March 20 for their recommendation to city council. 41 Utilities staff has acquired an estimate for the stormwater engineering and design for stormwater in North Boulder Park. Next, funding needs to be identified for Engineering/Design. Once a design is complete, a phased construction plan will be developed, including funding and project coordination. Facilities staff is managing the deconstruction of the Alpine Balsam site and is designing and engineering the flood mitigation with consultation from BPR staff where it could affect the park. BPR staff will contract a landscape architect to finalize the concept plan covering the playground renovation, further picnic shelter improvements, fitness area and teen area based on community feedback and coordinate the project construction timeline with stormwater improvements. The input from the community and the PRAB from late 2022 will inform the final concept plan. BPR staff are coordinating closely with colleagues in Facilities and Utilities to plan for the design and construction of stormwater improvements. The timeline adjustment is dependent upon timing for these improvements, and the PRAB will be updated as details are finalized. The playground improvement timeline adjustment will be dependent on the confirmation of funding for the design and construction of the stormwater improvements on the north side that run under the playground area. The south side stormwater improvements will be a phase 2 with the Alpine- Balsam stormwater improvements. The phase 2 timeline is dependent on the CLOMAR/LOMAR process. Staff will follow up with PRAB as more information is available. 42 TO: Parks and Recreation Advisory Board SUBJECT: Matters from the Board DATE: March 20, 2023 A.Boulder Junction Board Liaison a.Attachment A B.PRAB Handbook conversation a.Attachment A – Summary letter b.Attachment B – Redlined version c.Attachment C - Clear version C.PRAB Matters (Verbal) D.PRAB Recruitment, Orientation and Departing Members 43 www.bouldercolorado.gov __________________________________________________________________________________________________ Multi-Board Working Group Description: The use of a Multi-Board Working Group is proposed to be piloted as part of the Boulder Junction Phase 2 project. This working group will consist of one liaison from each board that is anticipated to have an interest in the project. As currently envisioned, the Multi-Board Working Group will meet on a recurring basis to receive project updates from city staff, provide feedback relevant to each member’s board mission (e.g., transportation, housing, etc.), and communicate project updates back to their associated board. The purpose of the working group is to encourage multi-disciplinary conversations in complex projects and streamline process and procedures through: •Increasing efficiency of gathering feedback from multiple boards •Reducing the number of individual meetings with various boards •Actively resolving issues and addressing conflicting board feedback through a coordinated, transparent approach Multi-Board Working Group Expectations: Below are the anticipated roles and expectations of working group members. •One board member from each board identified below will be selected to attend meetings and represent the board’s mission at the working group: o Boulder Junction Access General Improvement District – Parking o Boulder Junction Access General Improvement District – TDM o Design Advisory Board o Environmental Advisory Board o Housing Advisory Board o Human Resources Committee o Open Space Board of Trustees o Planning Board o Parks and Recreation Advisory Board o Transportation Advisory Board o Water Resources Advisory Board •An alternate will be identified to attend meetings when the primary working group member cannot attend •The board will meet on a recurring basis •Meetings will consist of staff presentations and an opportunity for each member to provide feedback •Working group members should openly discuss and move toward resolving conflicting feedback between other working group members •Working group members should gather feedback from their board members, including issues and questions, prior to the working group meeting and communicate that feedback on behalf of their board •Working group members should communicate project updates back to their associated boards after meetings Subject: BJP2 Multi-Board Working Group Attachment A - Boulder Junction 44 Date: March 15, 2023 To: Members of the PRAB; BPR Staff From: Elliott Hood, PRAB Member Re: First Draft of Revised PRAB Handbook Dear Fellow PRAB Members, Enclosed please find a working first draft of proposed changes to the PRAB Handbook. I am enclosing a redlined and clean version of the revisions. The redlines, as you will see, are substantial, so the clean version will be much more readable. I have made these proposed changes based on feedback from members of the PRAB, BPR staff, and what I view as clear areas of need to improve the content and readability of this document. The following is a summary of proposed changes to the PRAB Handbook: •Changed font from Times New Roman (serif) to Calibri (sans serif) •Tightened margins on right and left side of page •Re-wrote content for better readability, flow, and understanding •Significantly condensed content to avoid repetition and to be more concise, including removing several appendices that we can instead access with links •Add several areas of content based on broadly applied standards and expectations of boards and commissions, including substantive areas of law that impact our work and clarification of aspects of parliamentary process Please note that these proposed revisions are a working draft of the document and should not be considered final. We have not vetted these revisions with the City Attorney’s Office, which we will need to do before finalizing the changes. That office also needs to provide us with a more updated version, if it exists, of the memorandum of relevant laws that is an appendix to the current Handbook. We also need to ensure that these revisions are consistent with other documents utilized for PRAB meetings. Please review these proposed changes for next week’s meeting so that we can have a robust discussion about any feedback or suggested revisions to this working draft. At the conclusion of Monday’s meeting, I will take the feedback and suggestions you have provided me, modify the document accordingly, and distribute a second draft. Sincerely, Elliott Hood Attachment A – Summary letter 45 Page 1 of 67 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) City of Boulder Handbook for Members of Parks and Recreation Advisory Board (PRAB) [Logo for City or BPR] Adopted: February 2008 Amended: _____ 2023 Formatted: Left: 0.88", Right: 1.06" Formatted: Font: 20 pt, Bold, Not Italic Formatted: Highlight Formatted: Font: 14 pt, Not Bold Formatted: Font: 14 pt, Not Bold Formatted: Font: 14 pt, Not Italic Attachment B - Redlined Version 46 Page 2 of 67 SCOPE .................................................................................................................................................................... 43 RECOMMENDED READING ..................................................................................................................................... 53 PART ONE: LEGAL CONTEXT ................................................................................................................................. 304 I. COLORADO REVISED STATUTES ......................................................................................................................... 304 A. OPEN MEETINGS .............................................................................................................................................. 304 II. CHARTER OF THE CITY OF BOULDER, COLORADO ............................................................................................. 304 A. THE PEOPLE OF BOULDER AND COLORADO’S CONSTITUTION .......................................................................... 304 B. CITY COUNCIL ................................................................................................................................................... 315 C. CITY MANAGER ................................................................................................................................................ 315 D. PRAB ................................................................................................................................................................ 326 III. CITY OF BOULDER REVISED CODE .................................................................................................................. 3711 A. BOARDS AND COMMISSIONS GENERAL PROCEDURES ................................................................................... 3711 B. PARKS AND RECREATION ADVISORY BOARD .................................................................................................. 3811 PART TWO: PRAB RULES .................................................................................................................................... 3912 I. BASIC PRINCIPLES ............................................................................................................................................ 3912 II. OFFICERS ........................................................................................................................................................ 3912 III. CONDUCT ...................................................................................................................................................... 3912 IV. COMMUNICATIONS TO CITY COUNCIL .......................................................................................................... 4012 V. AGENDA FOR MONTHLY BUSINESS MEETINGS ............................................................................................... 4013 A. OVERVIEW ..................................................................................................................................................... 4013 B. NOTES ON SPECIFIC AGENDA ITEM CATEGORIES ............................................................................................ 4013 C. AGENDA COMMITTEE ..................................................................................................................................... 4114 D. THE PARKS AND RECREATION DEPARTMENT ................................................................................................. 4214 VI. COMMON MODES OF PRAB OPERATIONS..................................................................................................... 4214 A. PRAB REQUESTS TO THE DEPARTMENT.......................................................................................................... 4214 B. PRAB INFORMAL DISCUSSION ........................................................................................................................ 4215 C. PRAB ACTION ................................................................................................................................................. 4315 VII. RULES OF MEETING PROCEDURE .................................................................................................................. 4315 A. PRIOR TO A MEETING .................................................................................................................................... 4315 Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Formatted: TOC 1 Formatted: TOC 1, Tab stops: Not at 7.49" Attachment B - Redlined Version 47 Page 3 of 67 B. MEETING TIME AND PLACE ............................................................................................................................ 4315 C. REQUIRED OFFICERS ....................................................................................................................................... 4315 D. DUTIES OF THE PRESIDING OFFICER ............................................................................................................... 4416 E. RIGHTS OF MEMBERS ..................................................................................................................................... 4416 F. APPEAL ........................................................................................................................................................... 4416 G. QUORUM ....................................................................................................................................................... 4416 H. ASSIGNMENT OF THE FLOOR.......................................................................................................................... 4517 I. RULES OF SPEAKING ........................................................................................................................................ 4517 J. THE HANDLING OF A MAIN MOTION............................................................................................................... 4517 K. OTHER USEFUL MOTIONS ............................................................................................................................... 4719 L. IMPROPER MOTIONS ...................................................................................................................................... 4719 M. PRINCIPAL RULES GOVERNING MOTIONS ..................................................................................................... 4719 N. VOTING .......................................................................................................................................................... 4819 VIII. OTHER MEETINGS ....................................................................................................................................... 4820 IX. PARLIAMENTARY PROCEDURE ...................................................................................................................... 4920 X. AMENDMENT ................................................................................................................................................. 4920 XI. REVIEW ......................................................................................................................................................... 4920 PART THREE: APPENDIX ..................................................................................................................................... 5021 I. BRC CODE OF CONDUCT .................................................................................................................................. 5021 II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD MEMBERS AND COMMISSIONERS .................................................................................................. 5831 Formatted: TOC 1 Formatted: TOC 1 Formatted: Font: 10 pt, Not Bold, Not All caps Attachment B - Redlined Version 48 Page 4 of 67 [WELCOME LETTER FROM CURRENT BOARD CHAIRPERSON – WILL INCLUDE CONTENT FROM “SCOPE” SECTION OF CURRENT HANDBOOK] Formatted: Centered Formatted: Highlight Formatted: Highlight Attachment B - Redlined Version 49 Page 5 of 67 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 Revis ed 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 B - Redlined Version 50 Page 6 of 67 I.LAWS RELEVANT TO PRAB’S WORK A.City of Boulder Charter – PRAB’s Creation and Function The City of Boulder and its government is established through its [Charter]. The Charter establishes a City Council to govern the City, a City Manager to exercise all executive and administrative powers vested in the City, and administrative departments of the City, including the Department of Parks and Recreation (the “Department” or “BPR”). See Charter, Article II (Council), Article V, Secs. 63 (City Manager), Article XI (BPR). The Charter also establishes the PRAB. See Charter, Article XI, Sec. 157. 1.Basic Requirements of the PRAB Under the Charter, the PRAB shall consist of seven members appointed by City Council who serve presumptive terms of five years. Id. Sec. 158. The Charter further states that the PRAB shall choose a Chair and secretary, who may be the BPR director. Id. Sec. 159. The PRAB shall have regular meetings once a month, though special meetings may be call at any time by three members of the PRAB upon 24 hours’ notice to members of the PRAB. Id. Four members of the PRAB shall constitute a quorum, id., which is the minimum number of members required to hold a meeting and conduct business for the PRAB. A majority vote is required to authorize action by the PRAB. Id. The PRAB must keep minutes of its meetings and its transactions. Id. Pertinent here, the PRAB “shall have the power to make reasonable rules for the conduct of its business.” Id. 2.PRAB’s Function and Core Responsibilities The Charter also specifies the PRAB’s function. See Article XI, Sec. 159. Under the Charter, “the [PRAB] shall not perform any administrative function unless expressly provided in this charter. The [PRAB]: (a)Shall make recommendations to the council concerning the disposal of parks lands pursuant to Section 162 of [the] charter; (b)Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of [the] 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 [the] 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; and Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Not All caps Formatted: Not All caps Formatted: Not All caps Formatted: Highlight Commented [EH1]: Any highlighted words in brackets will be linked. Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 1", Hanging: 0.5", Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" Formatted: Font: Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Justified, Indent: First line: 0" Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 1", Hanging: 0.5", Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Font: Italic Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Left, None, Indent: Left: 0.5", No bullets or numbering Attachment B - Redlined Version 51 Page 7 of 67 (f)May request information and recommendations from the department pursuant to the provisions of Section 155(d) above. Further, City Council and BPR “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.” Id. Further, the PRAB’s recommendations pursuant to this section “shall not be binding on the city council unless expressly provided by this charter.” Id. Moreover, the Charter specifies how BPR must function in relation to the PRAB. Article XI, Sec. 155. For instance, Section 155 of the Charter states that the Department: “(c) shall prepare and submit to the [PRAB] 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 [PRAB], prepare and submit to the [PRAB] information and recommendations on such park and recreation matters as are not provided for by (c) above”; and “(e) may request advice on any park and recreation matter from the [PRAB]”. Article XI, Sec. 155. 3.Franchises, Leases, Permits, and Licenses in Parks The Charter also specifies a role for PRAB regarding franchises, leases, permits, and licenses in parks. Under Section 164 of Article XI, City 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 [PRAB].” The City Council “may, by ordinance, delegate all or any part of this authority to the [PRAB] to approve such leases, permits, or licenses.” Id. As described below in Section I.B., the City Council, by ordinance, has delegated to the PRAB the authority to approve leases, permits, or licenses on park lands “whose term does not exceed three years.” B.R.C. 8-2-23. Further, “the [PRAB] may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager.” Id. The City Manager “may enter into standard commercial licensing agreements for automatic food vending machines on park lands without the approval of the [PRAB] or the council.” Id. 4.Acquisition and Disposal of Park Property Regarding acquisition of park land, Section 163 of Article XI specifies that, while City Council may acquire park land for the city, it “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 [PRAB], provided, however, that City Council “can act without such recommendations if said board fail to submit their recommendations to the council within thirty days after request therefor is made by the council.” Id. These recommendations “shall not be binding on the council except that the recommendation of the [PRAB] concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of [the] charter.” Id. Similarly, regarding disposal of park property, Section 162 of Article XI states that park lands may be disposed of by City Council, “but only upon the affirmative vote of at least four members of the [PRAB].” Id. City Council may obtain a non-binding “advisory recommendation” from the planning board on land disposal. Id. Formatted: Font: (Default) +Body (Calibri) Formatted: Left, None, Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0", First line: 0.5" Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 1", Hanging: 0.5", Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Indent: Left: 0", First line: 0.5" Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 1", Hanging: 0.5", Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" Formatted: Font: (Default) +Body (Calibri), Bold Attachment B - Redlined Version 52 Page 8 of 67 5.Permanent Park and Recreation Fund The permanent park and recreation fund consists of: “(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 part or recreation property or equipment whether real, personal, or mixed; and (d) appropriations made to the fund by the city council.” Charter, Article XI, Sec. 161. Expenditures from this fund “shall be made only upon favorable recommendations of the [PRAB] and appropriation by the council.” Id. the fund “shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities.” Id. B.City of Boulder Municipal Code While the City Charter establishes the city and its government, the City’s [revised municipal code] establishes additional laws and rules based on the Charter so that the City can properly function. Think of the City’s Charter as the City’s “constitution” and its municipal code as statutes or laws enacted based on that constitution. All laws in the municipal code flow from the Charter as well as applicable state and federal laws. The municipal code has laws that apply generally to all city functions, including its boards and commissions, and many which apply only to the administration of our parks system. For instance, the code generally provides that boards and commissions must: •hold regular meetings open to the public; •keep minutes of those meetings; •appoint a chair, vice chair, and secretary •conduct its meetings under the then-current Robert’s Rules of Order, unless the boards or commissions adopt different rules; and, among other things, •determine whether to hold meetings in person, remotely, or in hybrid format. B.R.C. 2-3-1. The code also has rules that apply specifically to the PRAB. For example, as mentioned above in Section I.A., under B.R.C. 8-3-23, pursuant to Section 164 of Article XI of the City’s Charter, “the [PRAB] is delegated the authority to approve any lease, license, or permit in or on park lands whose term does not exceed three years, as may be recommended to it by the city manager.” Section 2-3-10 of the municipal code codifies the role and responsibility of the PRAB as set forth in the Charter, but also adds additional rules not inconsistent with the Charter: (a)The City of Boulder Parks and Recreation Advisory Board consists of seven members, appointed by the city council for five-year terms; (b)The city manager shall serve as secretary of the board; Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 1", Hanging: 0.5", Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: Normal, No bullets or numbering Formatted: Indent: Hanging: 0.5" Formatted: Not All caps Formatted: Not All caps Formatted: Not All caps Formatted: Highlight Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5", Space Before: 12 pt, After: 6 pt, Add space between paragraphs of the same style Formatted: Indent: Left: 0.5", Space Before: 6 pt, After: 6 pt, Add space between paragraphs of the same style Formatted: Indent: Left: 0.5", Space Before: 6 pt, After: 12 pt, Add space between paragraphs of the same style Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, Indent: First line: 0" Formatted: Font: (Default) +Body (Calibri) Formatted: Space Before: 6 pt, After: 6 pt, Add space between paragraphs of the same style Attachment B - Redlined Version 53 Page 9 of 67 (c)Four members of the board constitute quorum. The board may only act on affirmative vote of at least a majority of all members present at a meeting. Three members of the board may call a special meeting. (d)The Board’s functions are: 1)To approve or disapprove proposals concerning the disposal of park lands and forward such recommendations to the city council; 2)To approve or disapprove expenditures or appropriations from the permanent park and recreation fund and forward such recommendations to the city council; 3)To make recommendations to the council concerning the grant or denial of any license or permit in or on park lands; 4)To make recommendations to the council concerning protection and maintenance of park lands; 5)To review the city manager’s proposed annual budget relating to parks and recreation matters and submit its recommendations concerning that budget to the council; 6)At the request of council, the city manager or the department of parks and recreation matters and submit its recommendations concerning that budget to the council; 7)At the request of council, the city manager[,] or the department of parks and recreation, to prepare and submit to the council, manager[,] or department, recommendations on any additional park and recreation matters; and 8)To request information and recommendations from the department of parks and recreation pursuant to the provisions of Charter Section 155. (e)The board is not authorized to issue subpoenas. C.Colorado Open Meetings Law As a local public body, the PRAB is subject to the requirements of the Colorado Open Meetings Law (COML), which is codified at Colorado Revised Statute (CRS) 24-6-401 and 402. Under COML, “all meetings of a quorum or three or more members of a 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 open to the public at all times.” C.R.S. § 24-6-402(2)(b) (emphasis added). A “meeting” is defined as “any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.” Id. § 402(1)(b). Further, “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.” Id. §402(2)(c)(I). This “notice” can be accomplished by a number of means, but must at minimum be Formatted: Space Before: 6 pt, After: 12 pt, Add space between paragraphs of the same style, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: (Default) +Body (Calibri) Formatted: Space Before: 12 pt Formatted: Not All caps Formatted: Not All caps Formatted: Not All caps Formatted: Not All caps Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: None, Indent: Left: 0.5", No bullets or numbering Formatted: Justified Formatted: Underline Formatted: Font: Italic Formatted: Font: Italic Attachment B - Redlined Version 54 Page 10 of 67 “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.” Id. Moreover, “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” and “shall include specific agenda information where possible.” Id. Essentially, our meetings are and should be open to the public. We must notify the public at least 24 hours in advance of any meetings where “public business is discussed or at which any formal action may be taken,” whether those meetings are in person, over the telephone, or electronically. Please note that, under this law, a meeting of three or more PRAB members , or a quorum of the PRAB if less than three people, constitutes a "meeting” under the law —whether that is an in-person meeting, telephone discussion, or email chain—and must therefore be publicly noticed. Failure to follow these requirements could result in a violation of this law and possible legal action against the City, the Department, or the PRAB. There are other aspects of the COML that impact the PRAB, such as holding executive sessions and receiving legal advice, but the provisions stated herein provide a basic and important foundation about how this law impacts our work. You can access and read the entire COML [here]. D.COLORADO OPEN RECORDS ACT (CORA) Another important law that impacts the PRAB’s work is the Colorado Open Records Act (CORA), codified at C.R.S. § 24-72-201-205.5. CORA declares that “all public records shall be open for inspection by any person, at reasonable times,” unless the records fall into very specific statutory exceptions. C.R.S. § 24-72-203(1)(a). A “public record” is “a writing made, maintained, or kept by the state, any agency, institution, . . ., or political subdivision of the state, . . ., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.” C.R.S. § 24-72-202(6)(a)(I). A “political subdivision” includes “every county, city and county, city, town, school district, special district, public highway authority, regional transportation authority, and housing authority within this state.” Id. § 202(5). Our board is subject to the provisions of this statute and, thus, our correspondence and other documents concerning official PRAB business, as well as our correspondence with BPR staff, are subject to CORA. Note that documents created or maintained by BPR staff are also subject to CORA, so their emails and other correspondence with us, subject to certain statutory exceptions, are public records. In other words, subject to specific statutory exceptions, your emails and other documents used in furtherance of this body’s business likely applies as public records and, therefore, may be subject to public disclosure if requested under CORA. Please be mindful of that when you are creating or maintaining documents or sending correspondence on the PRAB. II.PRAB RULES FOR CONDUCTING BUSINESS As noted above in Section ____, the PRAB is authorized to create its own rules to conduct its business, so long as those rules are consistent with the Charter and municipal code. Sections II, III, and IV of this Handbook shall constitute the rules of the PRAB and shall be amended only as provided in Section ___, below. Formatted: Font: Italic Formatted: Font: Italic Formatted: Underline Formatted: Normal, Justified, Indent: First line: 0.5", No bullets or numbering Formatted: Highlight Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: None, Indent: Left: 0.5", Hanging: 0.5", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: Italic Formatted: Normal, Justified, Indent: First line: 0.5" Formatted: Font: Not Bold, Not All caps Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: None, Indent: Left: 0.5", No bullets or numbering Attachment B - Redlined Version 55 Page 11 of 67 A.I. Basic Principles The following is a non-exhaustive list of the basic principles of fair parliamentary procedure that members of the PRAB shall strive to uphold:basic principles of parliamentary procedure that PRAB shall strive to uphold: 1.Rules should facilitate the transaction of business and promote cooperation and harmony;. 2.All members arehave an equal vote concerning business of the PRAB; officers only have additional duties;. 3.The PRAB acts by majority vote, but the rights of minority votes must be respected and protected; The majority vote decides. PRAB members have a right to The rights of the minority must be protected. 4.fFull and free discussion of propositionsany and all issues presented to the board for action, recommendation, or otherwise, but presented for decision is a right of members; balanced with the chair’s duty to moveefficiently and timely address all topics set for discussion in a meeting agenda; thru the agenda in addressing time management issues. 5.No member of the PRAB shall be forced to take a vote on any item if that member does not feel he or she fully comprehends the meaning and effect of the vote being taken; Every member has the right to comprehend the meaning of the motion before PRAB and its effect. 6.Meetings should be characterized by fairness and conducted in good faith. B.Officers II. OFFICERS The PRAB shall have a chair, a vice-chair, and a secretary. Pursuant to the City’s municipal code, the secretary shall be the City Manager or someone designated by the City Manager . The secretary of the PRAB is not a member of the PRAB and therefore has no voting authority. The chair and vice-chair shall be current PRAB members chosen by majority vote of the PRAB at its first business meeting following the annual City Council board appointments. The chair shall run PRAB meetings consistent with these rules and Robert’s Rules of Order. The chair shall, in running meetings, shall: •recognize a quorum; •call meetings to order; •call for motions and for debate on such motions; Formatted: Font: (Default) +Body (Calibri), Bold Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Justified, Indent: First line: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Tab stops: 1.38", List tab + Not at 0.5" Formatted: Indent: Hanging: 0.5", Tab stops: 1.38", List tab + Not at 0.5" + 1" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 1" Formatted: Font: Bold Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, No bullets or numbering Formatted: Indent: Left: 0.5" Attachment B - Redlined Version 56 Page 12 of 67 •ensure that public comment, if any, is heard according to these rules and the policies of the City of Boulder and the BPR; •ensure that BPR staff and other non-board participants have the opportunity to report information to and seek action, guidance, or recommendations from the PRAB; •ensure that the board’s business is conducted timely, fairly, and efficiently; •facilitate discussion between among board members; •enforce rules and expectations of decorum; •ensure that each board member who wishes to speak on an issue is heard; •rule on all questions of parliamentary procedure; and •close the meeting. The vice chair shall, without the need for a majority vote or appointment by the chair, run meetings consistent with these rules when the chair is not able to attend a PRAB meeting or is otherwise not able to run the meeting. The chair and vice chair shall work with BPR staff to set the agenda and ensure necessary information and materials are available for PRAB meetings. The PRAB may, by an affirmative vote of foura majority of the current members of the PRAB, members at any businesspublicly noticed meeting, remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, the PRAB shall fill the vacancy by majority vote at a publicly noticed meeting of the PRAB. 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. C.Conduct & Rights of PRAB Members III.CONDUCT PRAB members shall conduct themselves consistent with these rules and consistent with City of Boulder policies concerning service on boards and commissions. Along these lines, each PRAB member must ensure that he, she, or they: •do not purport to act on PRAB’s behalf unless a majority of PRAB members, in a publicly noticed meeting, have delegated authority for that member to so act; 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) Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Left, Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Left, Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 0.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Font: (Default) +Body (Calibri) Formatted: List Paragraph, Indent: Left: 0.5", Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Font: Bold Formatted: List Paragraph, Justified, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Level 2, Indent: Left: 0" Formatted: Justified, Indent: First line: 0.5" Formatted: Justified Formatted: Justified, Indent: Left: 0.5", Bulleted + Level: 1 + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Tab stops: 1", List tab + Not at 0.5" Attachment B - Redlined Version 57 Page 13 of 67 •clearly identify in any forum whether they are speaking on behalf of the PRAB or speaking for themselves, when speaking in public forums other than PRAB meetings, including but not limited to city council meetings, newspaper articles or letters, and other public or private engagements; •recuse themselves from matters raising a conflict of interest consistent with Section II.D., below;, and not speak on behalf of their own interests as to that particular matter before city council •conductact professionally and courteously with each other themselves in all interactions with and with one another, city council, city staff, and the public. in a professional and courteous manner During meetings, PRAB members have a right to make motions, vote on such motions, speak in debate on motions, call for the retaking of a motion if the result is doubted by that member, make a point of order to insist on the enforcement of the rules , provide comment to other PRAB members or BPR staff on matters under discussion, and make a parliamentary in quiry of the presiding officer if that member is not certain whether there is a breach on which a point of order should be made. Further, while the PRAB chair shall rule on any questions of parliamentary procedure, any two PRAB members can require the chair to submit a ruling to the vote of the PRAB by moving for and seconding an appeal immediately after the presiding officer has made such a ruling. This motion divests final decision of the parliamentary ruling from the chair and vests that final decision with the PRAB. D.Conflicts of Interest A PRAB member shall not perform an official act that has a direct economic benefit to the member or on a business or other undertaking in which such member has a direct or substantial financial interest. If an actual conflict of interest exists, the member shall disclose the basis of the actual conflict of interest in a public meeting to the other members in attendance before discussion of the relevant matter or as soon thereafter as the member identifies or recognizes the actual conflict and shall recuse from further discussion on the matter and disqualify himself, herself, or themself from taking official action on the matter. A PRAB member may also or alternatively have an apparent or perceived conflict of interest, meaning the member does not have an actual conflict of interest but may reasonably be perceived as having an interest in the outcome of a vote which could be viewed by the public as a conflict of interest. A PRAB member who believes, or reasonably should believe, that he , she, or they may have an apparent or perceived conflict of interest: (1) shall disclose the basis of the apparent or perceived conflict of interest in a public meeting to the other members in attendance before the discussion, hearing, or official action related to the matter in question, and (2) may recuse from any discussion on the matter and disqualify himself, herself, or themself from taking any official action on the matter. In other words, PRAB members with an apparent or perceived conflict have discretion to recuse in the exercise of sound judgment. E.Speaking on PRAB’s Behalf Formatted: List Paragraph, Left, No bullets or numbering, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at 1" Formatted: Indent: First line: 0.5", No bullets or numbering, Tab stops: Not at 1" Formatted: Font: (Default) +Body (Calibri) Formatted: Normal, No bullets or numbering Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: First line: 0.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Justified, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri), Bold Attachment B - Redlined Version 58 Page 14 of 67 make all reasonable efforts to avoid “surprise” by being proactive and open in all communications IV.COMMUNICATIONS TO CITY COUNCIL PRAB members may communicate with members of the public, including City Council, individual City Council members, other boards or commissions, press publications, or otherwise, in their personal capacity and noting that he, she, or they are members of the PRAB. However, as noted above in Section II.D., PRAB members may not speak on PRAB’s behalf unless a majority of the PRAB members have delegated that member to speak on PRAB’s behalf consistent with these rules. If a PRAB member is delegated to speak on PRAB’s behalf, the delegating PRAB members shall endeavor to direct or instruct the speaking member as clearly as possible on the purpose and scope of the delegation and authority to speak on PRAB’s behalf. Any motion presented to Council by the PRAB 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. F.Resolutions of the PRAB From time to time, the PRAB may desire to act through a resolution. A resolution is written document that sets forth a board’s decision or action. A board may adopt resolutions for any purpose the board deems appropriate, including taking formal action on a particular business item or communicating the board’s position on a matter of public concern. A resolution may be proposed by any PRAB member. If a resolution is proposed, the chair shall call for a discussion of the proposal and, after such discussion, shall ask for a motion on proceeding with a resolution for the purposes proposed. If a majority of the PRAB votes to proceed with a resolution, the chair shall designate a PRAB member to draft the resolution with the assistance of BPR or other City staff, including the office of the City Attorney. The PRAB shall consider and vote to adopt the written resolution at a publicly noticed meeting. G.Making, Debating, and Voting on a Motion Any member of the PRAB may make a motion during a meeting. If a motion is made, the chair shall ask for a second. If no member seconds the motion, the chair shall not recognize the motion and the motion dies. If a member seconds the motion, the chair shall recognize the motion and ask for debate on the motion. In parliamentary procedure, “debating” a motion allows members of an assembly to discuss the merits of a particular question, stating that they “support the motion” or “do not support the motion” and providing specific reasons for that position. Discussion shall focus on the substance and merits of the motion and not on the motive for brining the motion. Asking a Formatted: Justified, Indent: Left: 0.75", Tab stops: 1", List tab Formatted: Justified Formatted: Justified, Tab stops: 0.5", Left + Not at 1" Formatted: Justified Formatted: Font color: Auto Formatted: Font: Bold Formatted: Indent: Hanging: 0.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: Font: Bold Attachment B - Redlined Version 59 Page 15 of 67 question of clarification on the motion or subject-matter underlying the motion is not considered a statement in the debate. Once it appears that all PRAB members have had an opportunity to “debate,” or discuss, the motion, the chair shall ask whether there is any further discussion on the motion. If not, the chair shall call for a vote on the motion, at which point roll shall be taken to obtain the vote of each member of the PRAB, including the members who made and seconded the motion. The board secretary or designee shall tally the votes and announce whether the motion carries or fails. A member may ask that a motion be amended. Amendments must be closely related to the subject of the motion. While amendments may be hostile to or intended to defeat the purpose of the original motion, such amendments are discouraged. Amendments may insert or add words into the motion, strike words from the motion, or substitute words from the motion. If a member desires to amend a motion, the member shall move to amend the motion. If the motion is seconded, the presiding officer shall recognize the amendment and call for debate on the amendment. If no second is obtained, the amendment dies. Once discussion on the amendment is over, the presiding officer shall put the amendment for a vote. The secretary of the PRAB or his or her designee shall tally the vote of any motion and announce whether the motion carries or fails. The chair shall then announce that the motion has carried or failed and proceed with the meeting. Motions are improper if they: conflict with the City Charter, the municipal code, or state or federal law; it is outside the PRAB’s scope of legal authority; it is dilatory, out of order, seeks to thwart the will of PRAB, or is objectively absurd in substance. If an improper motion is made, the presiding officer shall state that the motion is improper and is thus not recognized. Voting shall be by roll call on a rotating basis of the roll for motions concerning: disposal of parks land, expenditures or appropriations from the permanent parks and recreation fund, grant or denial or any license or permit in or on park land, review of the budget, and recommendations on the budget. 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. Unless otherwise provided in the City Charter or municipal code, an affirmative vote of a majority of the members of the PRAB shall be necessary to authorize any action of the PRAB. Any member who doubts the result of a voice vote may require a retake of that voice vote as a show of hands or other means. Any PRAB member may abstain from voting if that member is not adequately informed on the motion or the subject of the motion, but the abstaining member must state a basis for abstaining. Any PRAB member may recuse from a vote based on a conflict of interest as specified in Section __, above. III.MEETING PROCEDURES AND EXPECTATIONS V. AGENDA FOR MONTHLY BUSINESS MEETINGS Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" + 1.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Indent: Left: 0", First line: 0" Formatted: List Paragraph, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75" Attachment B - Redlined Version 60 Page 16 of 67 A. Overview A.Meeting Time, Place, and Format Meetings are held on the fourth Monday of each month starting at 6:00 p.m. and are publicly noticed on the PRAB’s web page. Historically, all meetings were held in City Council chambers. However, the COVID-19 pandemic, which began in March 2020, prompted the PRAB, other boards and commissions, and Council itself, to hold its meetings virtually. Since January 2023, the PRAB has held its meetings in a “hybrid” format, allowing members to attend in person or virtually. Members of the public, including during public comment, still participate virtually. Within this new hybrid format, the PRAB has established a preference that all members attend meetings in person, though members may attend virtually if they are not able to physically attend a meeting. PRAB members do not need permission or an affirmative vote from the PRAB to attend a meeting virtually, but members attending a meeting virtually are asked to notify the PRAB and BPR staff of their need to attend virtually so that BPR staff, the agenda committee, or other PRAB members may make appropriate arrangements for that virtual attendance. Meeting locations are determined by the agenda committee (see Section __, below). Hybrid or virtual meetings present unique challenges, including the ability to recognize whether a member is asking to speak. The presiding officer shall recognize speakers desiring to speak and PRAB members shall attempt to claim the floor by raising their hand (physically or using a virtual hand-raise feature) before speaking. The chair shall recognize speakers in the order in which the speakers raised their hands or otherwise indicated a desire to speak. B.Preparing for Meetings BPR staff shall distribute meeting packets to the PRAB before each meeting. Meeting packets are typically distributed the Wednesday before Monday meetings. PRAB members are expected to review meeting packets and otherwise come prepared to each meeting. Any questions about the meeting packet should be directed to BPR staff or PRAB officers in accordance with the Open Meetings Law discussed above. 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.’ C.Presiding Officers The chair of the PRAB presides over each meeting. If the chair is absent, the vice chair shall preside. If both the chair and the vice chair are absent, the present PRAB members shall elect a Formatted: Indent: Left: 0" Formatted: Font: Not Bold Formatted: Indent: First line: 0.5" Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Indent: First line: 0" Formatted: Justified, Indent: Left: 0", First line: 0.5" Formatted: Font: Not Bold Attachment B - Redlined Version 61 Page 17 of 67 provisional presiding officer by majority vote. Presiding officers shall conduct themselves and recognize the rights of others consistent with the rules set forth in this handbook. The secretary of the board shall be present for each meeting. If the secretary is absent, the PRAB shall appoint a provisional secretary for the meeting by majority vote. D.Quorums Four members of the PRAB constitute a quorum as specified in Article XI, Section 159 of the City Charter. The presiding officer of each meeting shall determine whether a quorum is present and shall thereafter call the meeting to order. The only actions that may occur without a quorum are: fixing a time at which to adjourn, adjourning, recessing, and taking measures to obtain a quorum. A non-quorum may proceed with a meeting, but no action may be taken during the meeting without a quorum. E.Consent Agenda A “consent agenda” is an omnibus agenda item that groups routine, non-controversial items together for approval or consideration. The consent agenda is a tool for streamlining the process for meetings and saving time. Consent items are typically not discussed in open session, so it is essential that PRAB members review consent agenda items before the meeting. Consent agendas can include approval of meeting minutes, approval of the agenda for the current meeting, appointment of a PRAB member as provisional member on the agenda committee, or action items that have been discussed at length in a past meeting, among other things. The chair shall ask for a motion to approve the consent agenda, at which point a member may so move. When the motion is seconded, the chair shall call for debate or discussion on the consent agenda. Any PRAB member may ask for debate or discussion on the consent agenda . Because consent agendas are typically routine and non-controversial, PRAB members rarely object to the approval of the consent agenda, though sometimes a member may move that meeting minutes or agenda item be modified. If such an amendment is proposed, the chair shall ask for a motion that the consent agenda be approved as amended. F. B. Notes on Specific Agenda Item CategoriesPublic Comment 1. Public Comment Public comment allows members of the public to speak to the board on matters that concern BPR or PRAB business not otherwise scheduled for a hearing in the agenda . Instructions for public comment are provided on the PRAB’s web page, which is managed by the City of Boulder. Speakers must sign up to speak to the board by a certain time before the meeting. The PRAB may, by majority vote, allow members of the public to speak to the PRAB at a meeting even if the speaker failed to follow the instructions for public comment. It has been the practice of the PRAB to allow speakers to address the board even if they fail to follow those instructions unless the speaker has repeatedly failed to follow such instructions. Formatted: Justified, Tab stops: 0.5", Left + Not at 1" Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Normal, No bullets or numbering Formatted: Justified, Tab stops: 0.5", Left + Not at 1" Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Normal, No bullets or numbering Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Justified, Tab stops: 0.5", Left + Not at 1" Formatted: Font: Not Bold Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Indent: Left: 1", Hanging: 0.5" Attachment B - Redlined Version 62 Page 18 of 67 Following public comments, the chair shall ask for and allow discussion from the board on any matters raised during public comment. Any member of the PRAB may also ask that BPR staff address a specific issue raised during public comment. The chair may also, at his or her discretion, ask that the chair shall recognize a representative of the Department, usually the Director, to providefollow up with a specific speaker or speakers concerning matters raised during public comment. the Department an opportunity to respond directly to the public. G.Action Items Action items are those items upon which the board must act consistent with the City Charter and City municipal code. As noted, the PRAB may act by voting on a motion or through approval of a written resolution (see Section __, above). The Agenda Committee shall endeavor to ensure that PRAB members are made aware at a prior meeting that an action item is forthcoming and further ensure that the PRAB has sufficient opportunity to discuss and obtain information and recommendations related to any such action item. BPR staff typically present to the PRAB information and recommendations related to such action items, and PRAB members are given the opportunity to ask for additional information and recommendations from staff. Any PRAB member who feels as if they are not adequately informed on a specific action item may abstain from any vote on that action item. While public hearings on action items are discretionary, in the interests of transparency and accountability to the community, the PRAB shall hold public hearings prior to voting on an action item concerning Sections 160(a), (b), (c), and (d) in the City Charter. Following presentation from staff and public hearing, the chair shall call for a motion on the action item and ask for debate (or discussion) on the motion. Once the debate has concluded, the chair shall again call for a motion on the item and a member of the PRAB shall make a motion. The exact language of the motion shall appear in the meeting minutes. Any member of the PRAB may move, preferably at the beginning of the meeting, to add an action item to the agenda. If such a motion is made, the chair shall call for debate on the motion. An action item may only be added to the agenda during a meeting if a majority of the PRAB votes in favor of the motion to add the item. H.Matters from the Department “Matters from the Department” typically includes a summary update from BPR on key priorities for BPR, including a summary of upcoming work, events, and collaborative activities. For expediency, BPR staff prepare a written update for the PRAB that is included in the meeting packet, though staff may elaborate on key items during the meeting if, for instance, that item involves PRAB’s input or guidance. During this segment of the meeting, the PRAB may move to request additional information or recommendations from BPR on a matter or matters discussed. Individual members may, without a motion, provide comment to BPR on a matter presented by BPR. Formatted: Font: Bold Formatted: Indent: Hanging: 0.5" Formatted: Font: Italic Formatted: Font: (Default) +Body (Calibri) Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" + 1.5" Formatted: Font: (Default) +Body (Calibri), Bold Attachment B - Redlined Version 63 Page 19 of 67 As noted, under Section 155(d) and 160(f) of Article XI of the Charter, the PRAB may request information and recommendations from the Department on any park and recreation matter not otherwise specified in the Charter. The Department may, in its discretion, provide such information or recommendations and, if necessary, shall ensure that the Agenda Committee sets an agenda item for such information or recommendations. I.Matters from the Board “Matters from the Board" is an opportunity for board members to share their thoughts on issues or matters involving the PRAB or BPR’s work. This could include: feedback for staff on park and recreation facilities, interactions with the public, providing the PRAB with an update on work for a collaborative committee, requests for agenda items at future meetings, and so on. PRAB members are not required to speak during this segment. If, during this segment of the meeting, a PRAB member wishes to add an agenda item for a future meeting, or to be considered for addition by the agenda committee, the member shall move for the action requested. The chair shall call for debate on the motion, and PRAB members shall discuss the merits of the motion. When discussion is over, the chair shall call for the motion again and then the PRAB will vote on the motion. J.Agenda Committee The agenda committee is composed of the chair, vice-chair, BPR Director, and any BPR staff necessary to set future agendas. If the PRAB chair or PRAB vice-chair cannot attend an agenda committee meeting, the absent committee member shall request that another PRAB member be appointed as a provisional agenda committee member, and the accepting board member shall serve as provisional agenda committee member for so long as the absence shall last. The agenda committee usually meets on a weekday following the most recent PRAB meeting to set the agenda for the following meeting or meetings. The agenda committee typically receives a draft agenda from the BPR Director. The agenda committee sets the agenda for the PRAB as a body; thus, PRAB officers, or provisional members, shall endeavor to advocate for the interests of the PRAB as a whole when setting the agenda. In helping to set the agenda, PRAB officers shall prioritize agenda items requiring PRAB action or recommendations consistent with the City Charter and municipal code. The agenda committee shall also set the meeting location if the PRAB is holding physical or hybrid meetings. K.Role of BPR During Meetings 2. Items for Action Formatted: Indent: First line: 0.5", Tab stops: Not at 0.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: Font: (Default) +Body (Calibri), Bold Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Normal, No bullets or numbering Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Justified Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Justified Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Font: Bold Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Justified, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: 0.5", Left + Not at 1" + 1.5" Formatted: Font: (Default) +Body (Calibri), Bold Attachment B - Redlined Version 64 Page 20 of 67 (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 regard ing 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 mo tion 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-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. Formatted: Indent: Left: 0", First line: 0" Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Justified, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1.5" Formatted: Justified, Indent: Left: 0" Formatted: Justified, Indent: Left: 0", First line: 0" Formatted: Justified, Indent: Left: 0" Formatted: Justified Formatted: Justified, Indent: Left: 0", First line: 0" Attachment B - Redlined Version 65 Page 21 of 67 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 P RAB 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 meeting packets containing the agenda and any other pertinentmaterials necessary for the meeting. Meeting packets are typically provided the Wednesday before Monday meetings. documents for each PRAB meeting. PRABPacket materials should clearly articulate the subject or question on which PRAB’s action or adviceinput is sought and why the PRAB’s involvement is necessary or requested., or the reason why the matter is being brought to the attention of the PRAB. PRABPacket materials should be provided with enough time before a meeting for PRAB members to sufficiently review the materials and prepare for each meeting. allow PRAB members to prepare appropriately prior to the meeting, such as formulating any pertinent motion, discussion points, and questions. Packet materials shall endeavor to provide objective information for PRAB’s consideration. When alternatives are proposed, BPR shall present and explain the range of alternatives and, if appropriate, BPR staff’s recommended course of action. Further, BPR provides notice of PRAB meetings as provided in B.R.C. 2-3-1(b)(5). L.Other Meetings The PRAB may hold meetings other than the monthly business meeting. Such meetings , typically referred to as “special meetings,” shall be called by PRAB by a majority vote on a motion, which shall include the time, place, and format of the meeting. Such meetings are subject to the Open Meetings Law discussed above and may be study sessions, working meetings with BPR and PRAB, or other meetings as needed. Parliamentary Procedure2. 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 Formatted: Justified, Tab stops: Not at 1" Formatted: Font: Bold Formatted: Indent: Hanging: 0.5" Formatted: Font: (Default) +Body (Calibri) Formatted: Justified, Level 3, Indent: Left: 0", First line: 0", Tab stops: 0.5", Left + Not at 1" Formatted: Indent: First line: 0.5" Formatted: Justified, Indent: Left: 0", First line: 0.5", Tab stops: 0.5", Left + Not at 1" Formatted: Font: Bold Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Attachment B - Redlined Version 66 Page 22 of 67 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). M. Except as provided in these rules or in the City Charter or municipal code, all matters of procedure are governed by the current edition of Robert’s Rules of Order. 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. Formatted: List Paragraph, Indent: Hanging: 0.5", Numbered + Level: 2 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1", Tab stops: Not at 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: Indent: Left: 0" Formatted: Level 3, Indent: Left: 0", Tab stops: 1", Left + 1.5", Left + 2", Left + 2.5", Left + 3", Left + 3.5", Left + 4", Left + 4.5", Left + 5", Left + 5.5", Left + 6", Left + 6.5", Right Attachment B - Redlined Version 67 Page 23 of 67 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. 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 Formatted: Level 2, Tab stops: 0", Left Formatted: Indent: Left: 0" Attachment B - Redlined Version 68 Page 24 of 67 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. 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. Attachment B - Redlined Version 69 Page 25 of 67 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 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…” Attachment B - Redlined Version 70 Page 26 of 67 (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 insert or add words or paragraphs strike out words or paragraphs strike out and insert words substitute words, from one word to the entire text of the motion iii. Handling of amendments A member obtains the floor during debate on a motion The member moves to amend Another member seconds The presiding officer states the proposed amended form of the motion Debate on the amendment The presiding officer puts the amendment to a vote 5. Putting the motion to a vote 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 Attachment B - Redlined Version 71 Page 27 of 67 confusion, the chair should explain the effect of a yes vote and the effect of a no vote. The presiding officer announces the form of the vote, in accordance with section L below. The presiding officer calls for the affirmative vote The presiding officer calls for the negative vote 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 Attachment B - Redlined Version 72 Page 28 of 67 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. Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Attachment B - Redlined Version 73 Page 29 of 67 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, 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. IV.AMENDING AND REVIEWING THESE RULES This Handbook and the rules therein may be amended by a majority vote of PRAB members. Any proposed changes must be provided in writing to the PRAB and to the Office of the City Attorney at least fifteen days before the meeting at which the vote to amend is taken. All PRAB members, now or existing, shall review this Handbook annually to maintain familiarity with the contents of this Handbook, to assess the appropriateness of the rules therein, and to evaluate if any amendments to the Handbook are needed. V.RESOURCES City of Boulder Charter City of Boulder Revised Code (Municipal Code) BPR Web Page PRAB Web Page Colorado Open Meetings Law Colorado Open Records Act Formatted: Indent: Left: 0", First line: 0" Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: Normal, No bullets or numbering Formatted: Justified, Indent: First line: 0.5" Formatted: Font: Not Bold, Not All caps Formatted: Font: (Default) +Body (Calibri), Bold, All caps Formatted: Normal, No bullets or numbering Formatted: Highlight Formatted: Indent: Left: 0.5" Attachment B - Redlined Version 74 Page 30 of 67 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 Formatted: Right: 0" Attachment B - Redlined Version 75 Page 31 of 67 The preamble to the city charter reads: 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 Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 76 Page 32 of 67 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 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 Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 77 Page 33 of 67 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. 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. Formatted: Right: 0" Attachment B - Redlined Version 78 Page 34 of 67 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.) 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. Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 79 Page 35 of 67 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. (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. Formatted: Right: 0" Attachment B - Redlined Version 80 Page 36 of 67 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 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.) Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 81 Page 37 of 67 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 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 Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 82 Page 38 of 67 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. Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Formatted: Right: 0" Attachment B - Redlined Version 83 Page 39 of 67 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.A. All members are equal; officers only have additional duties. C.A.The majority vote decides. D.A.The rights of the minority must be protected. E.A. 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.A. Every member has the right to comprehend the meaning of the motion before PRAB and its effect. G.A. 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.A. 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.A.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.A.conduct themselves in all interactions with one another, city council, city staff, and the public in a professional and courteous manner Formatted: Level 1 Attachment B - Redlined Version 84 Page 40 of 67 E.A. 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. 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 Attachment B - Redlined Version 85 Page 41 of 67 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-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). Attachment B - Redlined Version 86 Page 42 of 67 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). 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 Attachment B - Redlined Version 87 Page 43 of 67 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. 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 Attachment B - Redlined Version 88 Page 44 of 67 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 i mproper 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. 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. Attachment B - Redlined Version 89 Page 45 of 67 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 that a motion can be withdrawn by its proposer Attachment B - Redlined Version 90 Page 46 of 67 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 d efeat the spirit of the original motion. ii. Amendments may a)insert or add words or paragraphs b)a) strike out words or paragraphs c)a)strike out and insert words d)a) substitute words, from one word to the entire text of the motion iii. Handling of amendments Attachment B - Redlined Version 91 Page 47 of 67 a)A member obtains the floor during debate on a motion b)a) The member moves to amend c)a)Another member seconds d)a) The presiding officer states the proposed amended form of the motion e)a)Debate on the amendment f)a) The presiding officer puts the amendment to a vote 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)(a) The presiding officer announces the form of the vote, in accordance with section L below. (c)(a) The presiding officer calls for the affirmative vote (d)(a) The presiding officer calls for the negative vote (e)(a) 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 Attachment B - Redlined Version 92 Page 48 of 67 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 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 Attachment B - Redlined Version 93 Page 49 of 67 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, 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 B - Redlined Version 94 Page 50 of 67 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. (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 Formatted: Level 1 Formatted: Normal, Level 1, Indent: Left: 0", Right: 0", Line spacing: single Attachment B - Redlined Version 95 Page 51 of 67 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; (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 Attachment B - Redlined Version 96 Page 52 of 67 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 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. Attachment B - Redlined Version 97 Page 53 of 67 (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: (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 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 Attachment B - Redlined Version 98 Page 54 of 67 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 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. Attachment B - Redlined Version 99 Page 55 of 67 (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. (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. Attachment B - Redlined Version 100 Page 56 of 67 (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. (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. Attachment B - Redlined Version 101 Page 57 of 67 "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 B - Redlined Version 102 Page 58 of 67 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 wh ich 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. This report is organized into six sections which discuss the following topics: Commented [EH2]: We will need a more updated version of this document, which I will obtain from the City Attorney's Office. Attachment B - Redlined Version 103 Page 59 of 67 ▪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 B - Redlined Version 104 Page 60 of 67 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 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. 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 Formatted: Right: 0" Attachment B - Redlined Version 105 Page 61 of 67 2.Voting Rules for Boards and Commissions. Boulder’s general rules concerning boards and commissions are in Chapter 2 -3 of the Boulder Revised Code4. 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=330&Itemid=204 Attachment B - Redlined Version 106 Page 62 of 67 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 participat e 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 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: 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.” Attachment B - Redlined Version 107 Page 63 of 67 (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 (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 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 Attachment B - Redlined Version 108 Page 64 of 67 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 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 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. Attachment B - Redlined Version 109 Page 65 of 67 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. 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 Attachment B - Redlined Version 110 Page 66 of 67 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. 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. Attachment B - Redlined Version 111 Page 67 of 67 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. ◊◊◊◊◊ Attachment B - Redlined Version 112 City of Boulder Handbook for Members of Parks and Recreation Advisory Board (PRAB) [Logo for City or BPR] Adopted: February 2008 Amended: _____ 2023 Attachment C – Clear version 113 Attachment C – Clear version 114 [WELCOME LETTER FROM CURRENT BOARD CHAIRPERSON – WILL INCLUDE CONTENT FROM “SCOPE” SECTION OF CURRENT HANDBOOK] Attachment C – Clear version 115 I.LAWS RELEVANT TO PRAB’S WORK A.City of Boulder Charter – PRAB’s Creation and Function The City of Boulder and its government is established through its [Charter]. The Charter establishes a City Council to govern the City, a City Manager to exercise all executive and administrative powers vested in the City, and administrative departments of the City, including the Department of Parks and Recreation (the “Department” or “BPR”). See Charter, Article II (Council), Article V, Secs. 63 (City Manager), Article XI (BPR). The Charter also establishes the PRAB. See Charter, Article XI, Sec. 157. 1.Basic Requirements of the PRAB Under the Charter, the PRAB shall consist of seven members appointed by City Council who serve presumptive terms of five years. Id. Sec. 158. The Charter further states that the PRAB shall choose a Chair and secretary, who may be the BPR director. Id. Sec. 159. The PRAB shall have regular meetings once a month, though special meetings may be call at any time by three members of the PRAB upon 24 hours’ notice to members of the PRAB. Id. Four members of the PRAB shall constitute a quorum, id., which is the minimum number of members required to hold a meeting and conduct business for the PRAB. A majority vote is required to authorize action by the PRAB. Id. The PRAB must keep minutes of its meetings and its transactions. Id. Pertinent here, the PRAB “shall have the power to make reasonable rules for the conduct of its business.” Id. 2.PRAB’s Function and Core Responsibilities The Charter also specifies the PRAB’s function. See Article XI, Sec. 159. Under the Charter, “the [PRAB] shall not perform any administrative function unless expressly provided in this charter. The [PRAB]: (a)Shall make recommendations to the council concerning the disposal of parks lands pursuant to Section 162 of [the] charter; (b)Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of [the] 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 [the] 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; and Attachment C – Clear version 116 (f)May request information and recommendations from the department pursuant to the provisions of Section 155(d) above. Further, City Council and BPR “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.” Id. Further, the PRAB’s recommendations pursuant to this section “shall not be binding on the city council unless expressly provided by this charter.” Id. Moreover, the Charter specifies how BPR must function in relation to the PRAB. Article XI, Sec. 155. For instance, Section 155 of the Charter states that the Department: “(c) shall prepare and submit to the [PRAB] 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 [PRAB], prepare and submit to the [PRAB] information and recommendations on such park and recreation matters as are not provided for by (c) above”; and “(e) may request advice on any park and recreation matter from the [PRAB]”. Article XI, Sec. 155. 3.Franchises, Leases, Permits, and Licenses in Parks The Charter also specifies a role for PRAB regarding franchises, leases, permits, and licenses in parks. Under Section 164 of Article XI, City 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 [PRAB].” The City Council “may, by ordinance, delegate all or any part of this authority to the [PRAB] to approve such leases, permits, or licenses.” Id. As described below in Section I.B., the City Council, by ordinance, has delegated to the PRAB the authority to approve leases, permits, or licenses on park lands “whose term does not exceed three years.” B.R.C. 8-2-23. Further, “the [PRAB] may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager.” Id. The City Manager “may enter into standard commercial licensing agreements for automatic food vending machines on park lands without the approval of the [PRAB] or the council.” Id. 4.Acquisition and Disposal of Park Property Regarding acquisition of park land, Section 163 of Article XI specifies that, while City Council may acquire park land for the city, it “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 [PRAB], provided, however, that City Council “can act without such recommendations if said board fail to submit their recommendations to the council within thirty days after request therefor is made by the council.” Id. These recommendations “shall not be binding on the council except that the recommendation of the [PRAB] concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of [the] charter.” Id. Similarly, regarding disposal of park property, Section 162 of Article XI states that park lands may be disposed of by City Council, “but only upon the affirmative vote of at least four members of the [PRAB].” Id. City Council may obtain a non-binding “advisory recommendation” from the planning board on land disposal. Id. Attachment C – Clear version 117 5.Permanent Park and Recreation Fund The permanent park and recreation fund consists of: “(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 part or recreation property or equipment whether real, personal, or mixed; and (d) appropriations made to the fund by the city council.” Charter, Article XI, Sec. 161. Expenditures from this fund “shall be made only upon favorable recommendations of the [PRAB] and appropriation by the council.” Id. the fund “shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities.” Id. B. City of Boulder Municipal Code While the City Charter establishes the city and its government, the City’s [revised municipal code] establishes additional laws and rules based on the Charter so that the City can properly function. Think of the City’s Charter as the City’s “constitution” and its municipal code as statutes or laws enacted based on that constitution. All laws in the municipal code flow from the Charter as well as applicable state and federal laws. The municipal code has laws that apply generally to all city functions, including its boards and commissions, and many which apply only to the administration of our parks system. For instance, the code generally provides that boards and commissions must: •hold regular meetings open to the public; •keep minutes of those meetings; •appoint a chair, vice chair, and secretary •conduct its meetings under the then-current Robert’s Rules of Order, unless the boards or commissions adopt different rules; and, among other things, •determine whether to hold meetings in person, remotely, or in hybrid format. B.R.C. 2-3-1. The code also has rules that apply specifically to the PRAB. For example, as mentioned above in Section I.A., under B.R.C. 8-3-23, pursuant to Section 164 of Article XI of the City’s Charter, “the [PRAB] is delegated the authority to approve any lease, license, or permit in or on park lands whose term does not exceed three years, as may be recommended to it by the city manager.” Section 2-3-10 of the municipal code codifies the role and responsibility of the PRAB as set forth in the Charter, but also adds additional rules not inconsistent with the Charter: (a)The City of Boulder Parks and Recreation Advisory Board consists of seven members, appointed by the city council for five-year terms; (b)The city manager shall serve as secretary of the board; Attachment C – Clear version 118 (c)Four members of the board constitute quorum. The board may only act on affirmative vote of at least a majority of all members present at a meeting. Three members of the board may call a special meeting. (d)The Board’s functions are: 1)To approve or disapprove proposals concerning the disposal of park lands and forward such recommendations to the city council; 2)To approve or disapprove expenditures or appropriations from the permanent park and recreation fund and forward such recommendations to the city council; 3)To make recommendations to the council concerning the grant or denial of any license or permit in or on park lands; 4) To make recommendations to the council concerning protection and maintenance of park lands; 5)To review the city manager’s proposed annual budget relating to parks and recreation matters and submit its recommendations concerning that budget to the council; 6)At the request of council, the city manager or the department of parks and recreation matters and submit its recommendations concerning that budget to the council; 7)At the request of council, the city manager[,] or the department of parks and recreation, to prepare and submit to the council, manager[,] or department, recommendations on any additional park and recreation matters; and 8)To request information and recommendations from the department of parks and recreation pursuant to the provisions of Charter Section 155. (e)The board is not authorized to issue subpoenas. C.Colorado Open Meetings Law As a local public body, the PRAB is subject to the requirements of the Colorado Open Meetings Law (COML), which is codified at Colorado Revised Statute (CRS) 24-6-401 and 402. Under COML, “all meetings of a quorum or three or more members of a 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 open to the public at all times.” C.R.S. § 24-6-402(2)(b) (emphasis added). A “meeting” is defined as “any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.” Id. § 402(1)(b). Further, “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.” Id. §402(2)(c)(I). This “notice” can be accomplished by a number of means, but must at minimum be Attachment C – Clear version 119 “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.” Id. Moreover, “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” and “shall include specific agenda information where possible.” Id. Essentially, our meetings are and should be open to the public. We must notify the public at least 24 hours in advance of any meetings where “public business is discussed or at which any formal action may be taken,” whether those meetings are in person, over the telephone, or electronically. Please note that, under this law, a meeting of three or more PRAB members, or a quorum of the PRAB if less than three people, constitutes a "meeting” under the law—whether that is an in-person meeting, telephone discussion, or email chain—and must therefore be publicly noticed. Failure to follow these requirements could result in a violation of this law and possible legal action against the City, the Department, or the PRAB. There are other aspects of the COML that impact the PRAB, such as holding executive sessions and receiving legal advice, but the provisions stated herein provide a basic and important foundation about how this law impacts our work. You can access and read the entire COML [here]. D.COLORADO OPEN RECORDS ACT (CORA) Another important law that impacts the PRAB’s work is the Colorado Open Records Act (CORA), codified at C.R.S. § 24-72-201-205.5. CORA declares that “all public records shall be open for inspection by any person, at reasonable times,” unless the records fall into very specific statutory exceptions. C.R.S. § 24-72-203(1)(a). A “public record” is “a writing made, maintained, or kept by the state, any agency, institution, . . ., or political subdivision of the state, . . ., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.” C.R.S. § 24-72-202(6)(a)(I). A “political subdivision” includes “every county, city and county, city, town, school district, special district, public highway authority, regional transportation authority, and housing authority within this state.” Id. § 202(5). Our board is subject to the provisions of this statute and, thus, our correspondence and other documents concerning official PRAB business, as well as our correspondence with BPR staff, are subject to CORA. Note that documents created or maintained by BPR staff are also subject to CORA, so their emails and other correspondence with us, subject to certain statutory exceptions, are public records. In other words, subject to specific statutory exceptions, your emails and other documents used in furtherance of this body’s business likely applies as public records and, therefore, may be subject to public disclosure if requested under CORA. Please be mindful of that when you are creating or maintaining documents or sending correspondence on the PRAB. II.PRAB RULES FOR CONDUCTING BUSINESS As noted above in Section ____, the PRAB is authorized to create its own rules to conduct its business, so long as those rules are consistent with the Charter and municipal code. Sections II, III, and IV of this Handbook shall constitute the rules of the PRAB and shall be amended only as provided in Section ___, below. A.Basic Principles Attachment C – Clear version 120 The following is a non-exhaustive list of the basic principles of fair parliamentary procedure that members of the PRAB shall strive to uphold: 1.Rules should facilitate the transaction of business and promote cooperation and harmony; 2.All members have an equal vote concerning business of the PRAB; 3.The PRAB acts by majority vote, but the rights of minority votes must be respected and protected; 4.PRAB members have a right to full and free discussion of any and all issues presented to the board for action, recommendation, or otherwise, but balanced with the duty to efficiently and timely address all topics set for discussion in a meeting agenda; 5.No member of the PRAB shall be forced to take a vote on any item if that member does not feel he or she fully comprehends the meaning and effect of the vote being taken; 6.Meetings should be characterized by fairness and conducted in good faith. B.Officers The PRAB shall have a chair, a vice-chair, and a secretary. Pursuant to the City’s municipal code, the secretary shall be the City Manager or someone designated by the City Manager. The secretary of the PRAB is not a member of the PRAB and therefore has no voting authority. The chair and vice-chair shall be current PRAB members chosen by majority vote of the PRAB at its first business meeting following the annual City Council board appointments. The chair shall run PRAB meetings consistent with these rules and Robert’s Rules of Order. The chair shall, in running meetings, shall: •recognize a quorum; •call meetings to order; •call for motions and for debate on such motions; •ensure that public comment, if any, is heard according to these rules and the policies of the City of Boulder and the BPR; •ensure that BPR staff and other non-board participants have the opportunity to report information to and seek action, guidance, or recommendations from the PRAB; •ensure that the board’s business is conducted timely, fairly, and efficiently; Attachment C – Clear version 121 •facilitate discussion between among board members; •enforce rules and expectations of decorum; •ensure that each board member who wishes to speak on an issue is heard; •rule on all questions of parliamentary procedure; and •close the meeting. The vice chair shall, without the need for a majority vote or appointment by the chair, run meetings consistent with these rules when the chair is not able to attend a PRAB meeting or is otherwise not able to run the meeting. The chair and vice chair shall work with BPR staff to set the agenda and ensure necessary information and materials are available for PRAB meetings. The PRAB may, by an affirmative vote of a majority of the current members of the PRAB, at any publicly noticed meeting, remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, the PRAB shall fill the vacancy by majority vote at a publicly noticed meeting of the PRAB. C.Conduct & Rights of PRAB Members PRAB members shall conduct themselves consistent with these rules and consistent with City of Boulder policies concerning service on boards and commissions. Along these lines, each PRAB member must ensure that he, she, or they: •do not purport to act on PRAB’s behalf unless a majority of PRAB members, in a publicly noticed meeting, have delegated authority for that member to so act; •clearly identify in any forum whether they are speaking on behalf of the PRAB or for themselves, including but not limited to city council meetings, newspaper articles or letters, and other public or private engagements; •recuse from matters raising a conflict of interest consistent with Section II.D., below; •act professionally and courteously with each other and with city council, city staff, and the public. During meetings, PRAB members have a right to make motions, vote on such motions, speak in debate on motions, call for the retaking of a motion if the result is doubted by that member, make a point of order to insist on the enforcement of the rules, provide comment to other PRAB members or BPR staff on matters under discussion, and make a parliamentary inquiry of the presiding officer if that member is not certain whether there is a breach on which a point of order should be made. Attachment C – Clear version 122 Further, while the PRAB chair shall rule on any questions of parliamentary procedure, any two PRAB members can require the chair to submit a ruling to the vote of the PRAB by moving for and seconding an appeal immediately after the presiding officer has made such a ruling. This motion divests final decision of the parliamentary ruling from the chair and vests that final decision with the PRAB. D.Conflicts of Interest A PRAB member shall not perform an official act that has a direct economic benefit to the member or on a business or other undertaking in which such member has a direct or substantial financial interest. If an actual conflict of interest exists, the member shall disclose the basis of the actual conflict of interest in a public meeting to the other members in attendance before discussion of the relevant matter or as soon thereafter as the member identifies or recognizes the actual conflict and shall recuse from further discussion on the matter and disqualify himself, herself, or themself from taking official action on the matter. A PRAB member may also or alternatively have an apparent or perceived conflict of interest, meaning the member does not have an actual conflict of interest but may reasonably be perceived as having an interest in the outcome of a vote which could be viewed by the public as a conflict of interest. A PRAB member who believes, or reasonably should believe, that he, she, or they may have an apparent or perceived conflict of interest: (1) shall disclose the basis of the apparent or perceived conflict of interest in a public meeting to the other members in attendance before the discussion, hearing, or official action related to the matter in question, and (2) may recuse from any discussion on the matter and disqualify himself, herself, or themself from taking any official action on the matter. In other words, PRAB members with an apparent or perceived conflict have discretion to recuse in the exercise of sound judgment. E.Speaking on PRAB’s Behalf PRAB members may communicate with members of the public, including City Council, individual City Council members, other boards or commissions, press publications, or otherwise, in their personal capacity and noting that he, she, or they are members of the PRAB. However, as noted above in Section II.D., PRAB members may not speak on PRAB’s behalf unless a majority of the PRAB members have delegated that member to speak on PRAB’s behalf consistent with these rules. If a PRAB member is delegated to speak on PRAB’s behalf, the delegating PRAB members shall endeavor to direct or instruct the speaking member as clearly as possible on the purpose and scope of the delegation and authority to speak on PRAB’s behalf. Any motion presented to Council by the PRAB 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 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. F.Resolutions of the PRAB Attachment C – Clear version 123 From time to time, the PRAB may desire to act through a resolution. A resolution is written document that sets forth a board’s decision or action. A board may adopt resolutions for any purpose the board deems appropriate, including taking formal action on a particular business item or communicating the board’s position on a matter of public concern. A resolution may be proposed by any PRAB member. If a resolution is proposed, the chair shall call for a discussion of the proposal and, after such discussion, shall ask for a motion on proceeding with a resolution for the purposes proposed. If a majority of the PRAB votes to proceed with a resolution, the chair shall designate a PRAB member to draft the resolution with the assistance of BPR or other City staff, including the office of the City Attorney. The PRAB shall consider and vote to adopt the written resolution at a publicly noticed meeting. G.Making, Debating, and Voting on a Motion Any member of the PRAB may make a motion during a meeting. If a motion is made, the chair shall ask for a second. If no member seconds the motion, the chair shall not recognize the motion and the motion dies. If a member seconds the motion, the chair shall recognize the motion and ask for debate on the motion. In parliamentary procedure, “debating” a motion allows members of an assembly to discuss the merits of a particular question, stating that they “support the motion” or “do not support the motion” and providing specific reasons for that position. Discussion shall focus on the substance and merits of the motion and not on the motive for brining the motion. Asking a question of clarification on the motion or subject-matter underlying the motion is not considered a statement in the debate. Once it appears that all PRAB members have had an opportunity to “debate,” or discuss, the motion, the chair shall ask whether there is any further discussion on the motion. If not, the chair shall call for a vote on the motion, at which point roll shall be taken to obtain the vote of each member of the PRAB, including the members who made and seconded the motion. The board secretary or designee shall tally the votes and announce whether the motion carries or fails. A member may ask that a motion be amended. Amendments must be closely related to the subject of the motion. While amendments may be hostile to or intended to defeat the purpose of the original motion, such amendments are discouraged. Amendments may insert or add words into the motion, strike words from the motion, or substitute words from the motion. If a member desires to amend a motion, the member shall move to amend the motion. If the motion is seconded, the presiding officer shall recognize the amendment and call for debate on the amendment. If no second is obtained, the amendment dies. Once discussion on the amendment is over, the presiding officer shall put the amendment for a vote. The secretary of the PRAB or his or her designee shall tally the vote of any motion and announce whether the motion carries or fails. The chair shall then announce that the motion has carried or failed and proceed with the meeting. Motions are improper if they: conflict with the City Charter, the municipal code, or state or federal law; it is outside the PRAB’s scope of legal authority; it is dilatory, out of order, seeks to Attachment C – Clear version 124 thwart the will of PRAB, or is objectively absurd in substance. If an improper motion is made, the presiding officer shall state that the motion is improper and is thus not recognized. Voting shall be by roll call on a rotating basis of the roll for motions concerning: disposal of parks land, expenditures or appropriations from the permanent parks and recreation fund, grant or denial or any license or permit in or on park land, review of the budget, and recommendations on the budget. 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. Unless otherwise provided in the City Charter or municipal code, an affirmative vote of a majority of the members of the PRAB shall be necessary to authorize any action of the PRAB. Any member who doubts the result of a voice vote may require a retake of that voice vote as a show of hands or other means. Any PRAB member may abstain from voting if that member is not adequately informed on the motion or the subject of the motion, but the abstaining member must state a basis for abstaining. Any PRAB member may recuse from a vote based on a conflict of interest as specified in Section __, above. III.MEETING PROCEDURES AND EXPECTATIONS A.Meeting Time, Place, and Format Meetings are held on the fourth Monday of each month starting at 6:00 p.m. and are publicly noticed on the PRAB’s web page. Historically, all meetings were held in City Council chambers. However, the COVID-19 pandemic, which began in March 2020, prompted the PRAB, other boards and commissions, and Council itself, to hold its meetings virtually. Since January 2023, the PRAB has held its meetings in a “hybrid” format, allowing members to attend in person or virtually. Members of the public, including during public comment, still participate virtually. Within this new hybrid format, the PRAB has established a preference that all members attend meetings in person, though members may attend virtually if they are not able to physically attend a meeting. PRAB members do not need permission or an affirmative vote from the PRAB to attend a meeting virtually, but members attending a meeting virtually are asked to notify the PRAB and BPR staff of their need to attend virtually so that BPR staff, the agenda committee, or other PRAB members may make appropriate arrangements for that virtual attendance. Meeting locations are determined by the agenda committee (see Section __, below). Hybrid or virtual meetings present unique challenges, including the ability to recognize whether a member is asking to speak. The presiding officer shall recognize speakers desiring to speak and PRAB members shall attempt to claim the floor by raising their hand (physically or using Attachment C – Clear version 125 a virtual hand-raise feature) before speaking. The chair shall recognize speakers in the order in which the speakers raised their hands or otherwise indicated a desire to speak. B.Preparing for Meetings BPR staff shall distribute meeting packets to the PRAB before each meeting. Meeting packets are typically distributed the Wednesday before Monday meetings. PRAB members are expected to review meeting packets and otherwise come prepared to each meeting. Any questions about the meeting packet should be directed to BPR staff or PRAB officers in accordance with the Open Meetings Law discussed above. C.Presiding Officers The chair of the PRAB presides over each meeting. If the chair is absent, the vice chair shall preside. If both the chair and the vice chair are absent, the present PRAB members shall elect a provisional presiding officer by majority vote. Presiding officers shall conduct themselves and recognize the rights of others consistent with the rules set forth in this handbook. The secretary of the board shall be present for each meeting. If the secretary is absent, the PRAB shall appoint a provisional secretary for the meeting by majority vote. D.Quorums Four members of the PRAB constitute a quorum as specified in Article XI, Section 159 of the City Charter. The presiding officer of each meeting shall determine whether a quorum is present and shall thereafter call the meeting to order. The only actions that may occur without a quorum are: fixing a time at which to adjourn, adjourning, recessing, and taking measures to obtain a quorum. A non-quorum may proceed with a meeting, but no action may be taken during the meeting without a quorum. E.Consent Agenda A “consent agenda” is an omnibus agenda item that groups routine, non-controversial items together for approval or consideration. The consent agenda is a tool for streamlining the process for meetings and saving time. Consent items are typically not discussed in open session, so it is essential that PRAB members review consent agenda items before the meeting. Consent agendas can include approval of meeting minutes, approval of the agenda for the current meeting, appointment of a PRAB member as provisional member on the agenda committee, or action items that have been discussed at length in a past meeting, among other things. The chair shall ask for a motion to approve the consent agenda, at which point a member may so move. When the motion is seconded, the chair shall call for debate or discussion on the consent agenda. Any PRAB member may ask for debate or discussion on the consent agenda. Because consent agendas are typically routine and non-controversial, PRAB members rarely object to the approval of the consent agenda, though sometimes a member may move that Attachment C – Clear version 126 meeting minutes or agenda item be modified. If such an amendment is proposed, the chair shall ask for a motion that the consent agenda be approved as amended. F.Public Comment Public comment allows members of the public to speak to the board on matters that concern BPR or PRAB business not otherwise scheduled for a hearing in the agenda. Instructions for public comment are provided on the PRAB’s web page, which is managed by the City of Boulder. Speakers must sign up to speak to the board by a certain time before the meeting. The PRAB may, by majority vote, allow members of the public to speak to the PRAB at a meeting even if the speaker failed to follow the instructions for public comment. It has been the practice of the PRAB to allow speakers to address the board even if they fail to follow those instructions unless the speaker has repeatedly failed to follow such instructions. Following public comment, the chair shall ask for and allow discussion from the board on any matters raised during public comment. Any member of the PRAB may also ask that BPR staff address a specific issue raised during public comment. The chair may also, at his or her discretion, ask that a representative of the Department, usually the Director, to follow up with a specific speaker or speakers concerning matters raised during public comment. G.Action Items Action items are those items upon which the board must act consistent with the City Charter and City municipal code. As noted, the PRAB may act by voting on a motion or through approval of a written resolution (see Section __, above). The Agenda Committee shall endeavor to ensure that PRAB members are made aware at a prior meeting that an action item is forthcoming and further ensure that the PRAB has sufficient opportunity to discuss and obtain information and recommendations related to any such action item. BPR staff typically present to the PRAB information and recommendations related to such action items, and PRAB members are given the opportunity to ask for additional information and recommendations from staff. Any PRAB member who feels as if they are not adequately informed on a specific action item may abstain from any vote on that action item. While public hearings on action items are discretionary, in the interests of transparency and accountability to the community, the PRAB shall hold public hearings prior to voting on an action item concerning Sections 160(a), (b), (c), and (d) in the City Charter. Following presentation from staff and public hearing, the chair shall call for a motion on the action item and ask for debate (or discussion) on the motion. Once the debate has concluded, the chair shall again call for a motion on the item and a member of the PRAB shall make a motion. The exact language of the motion shall appear in the meeting minutes. Any member of the PRAB may move, preferably at the beginning of the meeting, to add an action item to the agenda. If such a motion is made, the chair shall call for debate on the motion. An action item may only be added to the agenda during a meeting if a majority of the PRAB votes in favor of the motion to add the item. Attachment C – Clear version 127 H.Matters from the Department “Matters from the Department” typically includes a summary update from BPR on key priorities for BPR, including a summary of upcoming work, events, and collaborative activities. For expediency, BPR staff prepare a written update for the PRAB that is included in the meeting packet, though staff may elaborate on key items during the meeting if, for instance, that item involves PRAB’s input or guidance. During this segment of the meeting, the PRAB may move to request additional information or recommendations from BPR on a matter or matters discussed. Individual members may, without a motion, provide comment to BPR on a matter presented by BPR. As noted, under Section 155(d) and 160(f) of Article XI of the Charter, the PRAB may request information and recommendations from the Department on any park and recreation matter not otherwise specified in the Charter. The Department may, in its discretion, provide such information or recommendations and, if necessary, shall ensure that the Agenda Committee sets an agenda item for such information or recommendations. I.Matters from the Board “Matters from the Board" is an opportunity for board members to share their thoughts on issues or matters involving the PRAB or BPR’s work. This could include: feedback for staff on park and recreation facilities, interactions with the public, providing the PRAB with an update on work for a collaborative committee, requests for agenda items at future meetings, and so on. PRAB members are not required to speak during this segment. If, during this segment of the meeting, a PRAB member wishes to add an agenda item for a future meeting, or to be considered for addition by the agenda committee, the member shall move for the action requested. The chair shall call for debate on the motion, and PRAB members shall discuss the merits of the motion. When discussion is over, the chair shall call for the motion again and then the PRAB will vote on the motion. J.Agenda Committee The agenda committee is composed of the chair, vice-chair, BPR Director, and any BPR staff necessary to set future agendas. If the PRAB chair or PRAB vice-chair cannot attend an agenda committee meeting, the absent committee member shall request that another PRAB member be appointed as a provisional agenda committee member, and the accepting board member shall serve as provisional agenda committee member for so long as the absence shall last. The agenda committee usually meets on a weekday following the most recent PRAB meeting to set the agenda for the following meeting or meetings. The agenda committee typically receives a draft agenda from the BPR Director. Attachment C – Clear version 128 The agenda committee sets the agenda for the PRAB as a body; thus, PRAB officers, or provisional members, shall endeavor to advocate for the interests of the PRAB as a whole when setting the agenda. In helping to set the agenda, PRAB officers shall prioritize agenda items requiring PRAB action or recommendations consistent with the City Charter and municipal code. The agenda committee shall also set the meeting location if the PRAB is holding physical or hybrid meetings. K.Role of BPR During Meetings The Parks and Recreation Department prepares meeting packets containing the agenda and any materials necessary for the meeting. Meeting packets are typically provided the Wednesday before Monday meetings. Packet materials should clearly articulate the subject on which PRAB’s action or input is sought and why the PRAB’s involvement is necessary or requested. Packet materials should be provided with enough time before a meeting for PRAB members to sufficiently review the materials and prepare for each meeting. Packet materials shall endeavor to provide objective information for PRAB’s consideration. When alternatives are proposed, BPR shall present and explain the range of alternatives and, if appropriate, BPR staff’s recommended course of action. Further, BPR provides notice of PRAB meetings as provided in B.R.C. 2-3-1(b)(5). L.Other Meetings The PRAB may hold meetings other than the monthly business meeting. Such meetings, typically referred to as “special meetings,” shall be called by PRAB by a majority vote on a motion, which shall include the time, place, and format of the meeting. Such meetings are subject to the Open Meetings Law discussed above and may be study sessions, working meetings with BPR and PRAB, or other meetings as needed. M.Parliamentary Procedure Except as provided in these rules or in the City Charter or municipal code, all matters of procedure are governed by the current edition of Robert’s Rules of Order. IV.AMENDING AND REVIEWING THESE RULES This Handbook and the rules therein may be amended by a majority vote of PRAB members. Any proposed changes must be provided in writing to the PRAB and to the Office of the City Attorney at least fifteen days before the meeting at which the vote to amend is taken. Attachment C – Clear version 129 All PRAB members, now or existing, shall review this Handbook annually to maintain familiarity with the contents of this Handbook, to assess the appropriateness of the rules therein, and to evaluate if any amendments to the Handbook are needed. V.RESOURCES City of Boulder Charter City of Boulder Revised Code (Municipal Code) BPR Web Page PRAB Web Page Colorado Open Meetings Law Colorado Open Records Act Attachment C – Clear version 130 Attachment C – Clear version 131 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. This report is organized into six sections which discuss the following topics: Attachment C – Clear version 132 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 C – Clear version 133 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 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. 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 C – Clear version 134 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=330&Itemid=204 Attachment C – Clear version 135 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 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: 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.” Attachment C – Clear version 136 (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 (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 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 Attachment C – Clear version 137 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 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 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. Attachment C – Clear version 138 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. 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 Attachment C – Clear version 139 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. 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. Attachment C – Clear version 140 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. ◊◊◊◊◊ Attachment C – Clear version 141