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HomeMy WebLinkAboutPRAB Handbook - REVISEDHandbook for Members of 4 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 Parks and Recreation Advisory Board ("PRAB"). See Charter, Article XI, Sec. 157. 5 6 1. Basic Requirements of the PRAB 2. PRAB's Function and Core Responsibilities 3. Franchises, Leases, Permits, and Licenses in Parks 4. Acquisition and Disposal of Park Property 5. Permanent Park and Recreation Fund 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 Charter can be amended only by voter approval while the municipal code can be amended by majority vote of City Council. The municipal code has laws that apply generally to all city functions, including its boards and commissions, and many of 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 ch air, 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; 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: ,. To approve or disapprove proposals concerning the disposal of park lands and forward such recommendations to the city council; z. 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; s. 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; 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; 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 a. 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. 9 10 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 aquorum 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 "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 ch ain-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. 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. 11 As noted, 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, and IV of this Handbook shall constitute the rules of the PRAB and shall be amended only as provided below. A. 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: 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; S. 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 (but note that abstaining from a vote is considered a vote in the affirmative under the City's municipal code, see B.R.C. 2-3-1(f)); 6. Meetings should be ch aracterized by fairness and conducted in good faith. I.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 ch osen 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; .. �nsure t�at BPR staff and o�her no_n-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 a majority of the current members of the PRAB, at a publicly noticed meeting, remove the chair or vice-chair from their position in leadership of the PRAB. 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. 14 Title 2-7-14. which can be accessed here. 15 E. Speaking on PRAB's Behalf /Code of Conduct 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 11.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. This conduct also falls within the City's Code of Conduct, which can be accessed here. F. Resolutions of the PRAB From time to time, the PRAB may desire to act through a resolution. A resolution is a 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 ch air 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 ch air 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. It is important to note that PRAB may adopt resolutions so long as they are within the PRAB's scope of legal authority. However, only city council has authority to set policy for the city. 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 ch air 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 bringing 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 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. Please note that abstaining from voting is, under the City's municipal code, considered a vote in favor of the motion. See B.R.C. 2-3 -l (f). Any PRAB member may recuse from a vote based on a conflict of interest. 17 18 A. Meeting Time, Place, and Format B. Preparing for Meetings C. Presiding Officers D.Quorums 19 20 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. 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. Members of the public may sign up to speak either in advance of the meeting or during the public comment portion of the meeting. Each speaker will be allotted three minutes to address the board. There is no overall time limit for the public comment period. 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. Ac tion 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. 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 ch air shall call for a motion on the action item and ask for debate (or discussion) on the 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, by majority vote, 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, by majority vote, 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. 21 I. Matters fro m 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 request that the Agenda Committee (see Section J, below) add the item to a future agenda. 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 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 "sp ecial 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. This Handbook and the rules therein may be amended by a majority vote of PRAB members so long as the City Attorney representing PRAB reviews and approves. 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.