HomeMy WebLinkAbout8 - Update MemoApril 2, 2008
TO: Landmarks Preservation Advisory Board
FROM: James Hewat, Chris Meschuk
SUBJECT: Update Memo
Depot Move
W~rk is underway staging building for the move scheduled for late April - early July. Final engineering
for the new foundation is nearly complete. Project staff is meeting on-site weekly to monitor the progress
of the move.
2008 Preservation Month Awards
Discussion at meeting.
Post WW II Residential Survey
Update at Meeting
Demolition Penalties Project
Update at meeting
Historic District Signs
See attached inemorandum and sign mock-ups.
Discussion of Conflicts
See attached metno--andum from Sue Ellen Harrison, Senior Assistant City Attorney
2007 Landmark Plaques approval
Staff will distribute proposed plaque language prior to the meeting.
Joint Planning BoardlLandrr~arks Board Meeting
Update at meeting.
New and Pending Land Use Review Applications
See attached.
P(anning Board Calendar
See attached.
Stay of Demolition Status Summary, April 2, 2008
Consideration is being given to
removing less that 50% of the
building and withdrawing demolition
819 6th Street 1954 1l9/2008 5/17/2008 permit. Historic Boulder has been in
contact with estate to discuss
exploration of preservation
alternatives.
Landmark Applications tlpdate:
• 800 Arapahoe Avenue: Will be reviewed by Co~mcil in June.
AR'I'1CLES AND INFORMATION:
"Landmark Schools: Finding a New Direction", Kevin Simpson in Tlae Derrver Post, February 12'h, 2008.
MEMORANDUM
Apri12, 2008
TO: Landmarks Preservation Advisory Board
FROM: Susan Richstone, Acting Long Range Planning Manager
James Hewat, Preservation Planner
Marcy Cameron, Preservation Intern
Chris Meschuk, Preservation Planner
SUBJECT: Review and of historic district identification signs
Attached aze the proposed signs for the 5 historic districts designated since 1997. The city
applied for and received CLG funding in 2007 to develop, manufacture, and install historic
district identification signs for the following districts:
• Downtown
• Highland Lawn
• Hillside
• University Place
• 16`h Street
Staff is requesting feedback on the proposed designs before they are sent to the manufacturer.
Depending on the manufacturing schedule, and installation timing, it is staff's desire to have the
signs installed as part of historic preservation month activities in May.
Staff has sent letters to all the residents of the four residential historic districts, infomung them
of the proposed design, and that comments may be submitted to the board prior to the meeting,
or may be given during public participation at the beginning of the meeting. The proposed
Downtown historic district sign was sent to Molly Winter, and requested to be distributed to the
Downtown BID members for comment.
The sign will use and follow the design and colors for the existing historic district signs. The
body of the sign will be brown, with white and black text and graphics.
a n. nip?AA•
!!rte
00 ~o
,avl "0~' 1 k
•
t°
1
,.:5~.
NI
'''1 f
IIAI~~1~1~
i
~ - ~ • ! ~
~ ' 1
Historic Preservation Site Review Revised Comments, 03/19/08
915 Pearl Street
A historic building inventory form completed for the property in 1986 estimated the date
of construction of the flat roofed, concrete block building at 915 Pearl Street to be
sometime in the 1930s however, tax assessor records give the date of construction as
1956. Preliminary research indicates that the Hazding Glass building was located in the
building into the 1960s. While the c.1950s folded plate glass facade of the building is
interesting (and appazently unique to Boulder), it does not appeaz that the building is
eligible for individual landmark designation. Because [he building is older than fifty
years in age, any proposal for demolition will need to be reviewed in order to formally
assess whether it may have historic or architectural significance per Section 9-11-23 of
the Boulder Revised Code.
The property is not in a designated or potential identified historic district, but is located
immediately south of the Mapleton Hill Historic District and one block west of the
Downtown Historic District. Revised plans show that the height of the north (alley) two-
storey wall of the proposed building has been reduced by 3',6" to 33',6".
Revised drawings dated March 3, 2008 show this wall to be located approximately 46'
south of the south property lines at 910 and 922 Spruce Street, both of which are located
in the Mapleton Hill Historic District. Given the distance and rising grade to the north, it
appears that the proposed new construction will not have an adverse impact on the
Mapleton Hill Historic District.
For questions or more information regarding this matter, please call James Hewat at
303.441.3207.
CITY OF BOULDER, COLORADO
Office of the City Attorney / ~ /
Municipal Building ~
1777 Broadway
Post Office Bon 791
Boulder, Colorado 80306 •
Telephone (303) 441-3020
Faosimile (303)441-3859
MEMORANDUM
TO: Landmazks Preservation Advisory Board
FROM: Sue Ellen Harrison, Senior Assistant City Attorney
SUBJECT: Discussion of Conflicts
DATE: March 20, 2008
Attached please find a copy of the Code of Conduct chapter from B.R.C. 1981 and a Mazch 30,
2007 memorandum for all boazds concerning legal responsibilities of board members.
At the April LPAB meeting, I will be discussing conflict issues with the Board.
Document]
2-7-1 2-7-1
TITLE 2 GOVERNMENT ORGANIZATION
Chapter 7 Code Of Conduct'
Section:
2-7-1 Purpose, Legislative Intent And Findings
2-7-2 Conflicts Of Interest Prohibited
2-7-3 Use Of Public Office Or Confidential Information For Financial Gain
2-7-4 Duty To Maintain The Confidentia&ty Of Privileged Information
2-7-5 Gifts 7b Officials And Employees
2-7-6 Prior Employment, Outside Employment, And Subsequent Employment
2-7-7 Employment Of Relatives
2-7-8 Representing Others Before The City Prohibited
2-7-9 Appearances Of Impropriety Discouraged
2-7-10 Disclosure And Recusal Procedure
2-7-11 Enforcement
2-7-12 Sanctions And Remedies For Violation
2-7-13 Advisory Opinions And Outside Counsel Appointment
2-7-14 Exemptions From Chapter
2-7-15 Definitions
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 off-icials 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 far 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.
'Adopted by Ordinance No. 4672 Amended by Ordinance Nos. 5396, 7286. Derived from Ordinance No. 3792. Repealed and
reenacted by Ordinance No. 7442.
City of Boulder
2-7-1 2-7-5
(c} Findines: The city counoil 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 Reouired: Each public official or public employee shall iliscloee any conflict of
interest and'~disqualify him>or herself'from participuting'xi ithe relevant action as provided in
section 2-7-10,"Disclosure And Recusal Procedure," B.R:C: 1981.
2-7-3 Use Of Public Offioe Or Confidential Information N'or Financial Galn.
(a) Use Of Position For Gain Prohibited: No city eouncil membei ,employee; or+appointee to a
city board, commission, tas$ force or similar body shall useRiis or har'priblic'office or position
for financial gain. Mc?" ~ n e.a(,
(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 hie or her public office or
position, to obtain financial gain, wh~fhertfor p`eteon~l~g~aiu, gaiii`for'his`of~het~relative; gain
of any property or entity in which the official or employee has a substantial interest; or gain
for any'=person"nor'for any eii'titytivith'wfiom'.~the official"or employee'ie negotiating for or has
any arrangement concerning prospective employment.
2-7-4 Duty To Maintain The Confidentiality~'Of Priv'ileged'Iiformatioii~ 1~.h~ !'u~~-'-i
~ 55ut_
(a) Duty Of A Member'Of City Council; Board, Commission, Task ForCe'Or Similar Body: No city
"~aorinci2 member or'`appbintee'to acity board;''commission, 'task'force orrei~ilar body shall
disclose privileged or confidential information without a public •m~ority''v'ote''grariting the
permission of the council or similar body that holds the privilege. The sanction for a member
of the city council;`board; commission; task force or similar body shall be censure of the body,
reached by a majoritywote of+the~boilq; ~not'•inaluding`the member charged-With"disclosing
such confidential informationl' ~ '
(b) Duty Of A'City'Employeei No'eity employee shall disclose privileged nor confidential informa-
tion, obtained as a result of holding his or her public 6ffice or positioit;`~iinlsse 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 employ-
ment if:
(1) The official or employee is in a position to talcs 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.
City of Boulder
2-7-5 2 7 6
(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 far 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 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.
July 2007
City of Boulder
2-7-6 2-7-8
(d) Activities That Occur After 'Termination Of Emplovment 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) Partici ation Of Former Officials Or Em to ees: 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) Particiuation 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 ty?elve months following teriiiination 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 decisi`on' to appiiint, hire` or advocate the 'appointment or'"hiring by the city a
person who is the employee's relative'maycauae an appearance of violating this secEion, the
employee may request that the o?ty'manager'make sirdh decision on the employee's-'behalf.
Council-appointed officers may request the city council to make such an appointment or
hiring deaisioribn'their"li'elialf.` " ` '
(b)' The city may enter into transactions with companies, corporations or other business
organizations that employ a relative of a city official or employee, providedtbat:''
(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 biisines's organization is apublicly-traded corporation that provides its services or
products to the city on nondiscriminatory terms justified by the market facts and circum-
stances 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 lien compensation tied in any manner to the'siiccess 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 Reuresentins 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
July 2007
City of RmJdor
2-7-8 2-7-8
the city before such a body if the council member discloses the situation and recuses himself
or herself pursuant to section 2-7-10, "Disclosure And Recusal Procedure," B.R.C. 1981.
(b) Board, Commission Or Task Force Members Barred From Representing Others: An appointee
to a city board, commission, task force or similar body may appear or be affiliated with a
firm appearing concerning any transaction with the city under the following circumstances:
(1) An appointee may appear on his or her awn 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 Proce-
dure," 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 bcard, 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,
pazent, 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 $rm 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).
July 200 i
City of Boulder
2_7_g 2-7-10
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 d'eter`mine if their actions may cause an appearance of impropriety -that will undermine
the public's trust in local government.
(b) Violations of this section shall- not constitute a violation of this .chapter. Compliance with
this section will not constitute a defense for violation of another subsection or section of this
chapter.
(c) A city council member, employee, or appointee to a city board, commission, task force or
similar body who determines that his or her actions may cause an appearance of impropriety
should consider, but is not required to,~diaclose and recuae as prescribed 'by section 2-7-10,
"Disclosure And Recusal Procedure," B.R.C. 1981, in the following circumstances:
(1)' If `t$e person'is an employee of a state of 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'co`uncil ineinber, appointee; or"employee believes'~that'dthe 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
reasonable peTsoii'm'the community to question'the objectivity
' in'nattiire that would' caiiae a'"""' ~ ' ' '
of the city cbuncil memlier; employee; or appointee to a city board; or commission;
(4) If the person is called upon to act in aquasi-judicial capacity in a decision regarding any
of the situa"tions described''in paragraphs (c)(1-); t(c)(2);iarid~(c)(3) of fhis~septon~or,' .
,
(5) "If the person owns o'r Teases real property'vrithin 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 aquasi-judicial action of the city.
,t _ ~
Ordinance No. 7453 (2006).
,
2-7-r0'~"' Discldeiire And Recusal Procedure':
(a) Disclosure And Recusal: No persbn 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;RC.'1981; shall-Mail to
give written notice of the interest described in such subsection to the city council or the city
'board, commission, task force br similai body`of which the person is a member and the city
manager as soon as reasonably possible after the interest has arisen. How@ver, no written
notice is required if such person discloses the conflict ofinteresf 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 roam 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.
July 2007
2-7-10 2-7-12
(b) Recusal By The Council, Board, Commission, Task Farce 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 similaz body by filing a sworn statement with the city
clerk setting forth facts which, if true, would constitute a violation of a provision of this
chapter.
(3) Complaints Initiated By The City Council: The city council may initiate an investigation
of any of its employees, and of any city council member or appointee to a city board,
commission, task farce 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 viclate 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.
July 200
Cite of Boulder
2-7-12 2-7-13
(b) 'Removal °Bv City Council: The City nonncil may remove any of its employees and any member
of a city board, commission, task fbroe'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, includ-
ing'but not'limited'to the award"'of-any city contract, granf;'loan or~any other thing of value
for a period of twelve months'' or that any 'such eontract, `grant, loan or thing of value be
terminat"ed; repaid`oi"'forfeited.
(d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the
District Courtin and for'th'e'Gounty of Boulder fo"r equitable relief to enforce the provisions
of this chapter"up'ori'a showing"of willful violation of any provision of°this chapter. Before
filing sueh`an action, the person shall p"resent the claim to''the city attorney to investigate in
accordance with subsection 2-7-11Ec");~`BR,C: 1981 The"°ci£q atto'rriey'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 aftei,'%a'violation Hof this 'chapter is
alleged tti have occu'r'red. "
(e) Criminal Sanctionsi The city attorrey, orspecial eotinsel authoriz83 to act on behalf of the
city attorney, acting on behalf `of the people of the city,`'may pros'e6ute any violation of this
chapter in municipal court in the same manner that other municipal'offerises are prosecuted.
(f) .Deferise: It shall be a defense to 'any charge of a violation -ofthis :chapter i£ the city council
member"'empl'oyee, 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.RiC. 1`981, soil was actirig'in''ac6ortlance vrith'the advice provided
thereby. '
-~2-7-13 Advisory Opinions Anil 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 aasistin resolving the issue.
July 2007
City of Bouider•
z-~-14 a-~-15
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 similaz 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 i rovemen is nc . azticipation in an improvement district shall not, in and of
itself, constitute a conflict of interest for a city council or improvement district advisory commit
tee 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 appeazing 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 aquasi-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.
"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.
City of Bo~ider
2-7-15 &7-15
"Public official" or "official" means any person holding a position with `the city rby 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 aimilar~bod~: - -
Relative"-nneans rany~pereor•~related~!to:a public official or am employee by'blood, marriage or
adoption, •through the second ;degree of consanguinity, inoluding; 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
eaiet 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 ~ofra Teasonable person faced with making the same decision:
"Transaction" means a contract of any kind; any sale or lease of any interest inland, 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 ~hat'~affeets the entire
membership of a class or a significant segment of the oommunity in the -same manner as the
affected official or employee.
City of Boulder
Ofrice of the
~ ~ ~ i ~,~.,!G Gity Attorney
1:
Boulder • Colorado • USA
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
HONORABLE CITY COUNCIL
Page 2
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Member's and Commissioners
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:
• 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
C:\DOCUments and Settings \beckll \LOCal Settings\Temp \XPGrpWise\r-2007 REVISED new B & C legal
resp mema.YAO. doc
HONORABLE CITY COUNCIL
Page 3
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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.il
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
1 J. Allen Smith, LL.B., Ph.D., The Spirit of American
Government, p.289 (1911); The Chautauqua Press, Chautauqua, New
York.
z 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.
C:\DOCUments and Settings\bec kl l\LOCal Settings\Temp\X PGxpWise\r 2007 REVISED new H & C legal
LeSp memO.YAD.doc
HONORABLE CITY COUNCIL
Page 9
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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.
2. Voting Rules for Boards and Commissions.
Boulder's general rules concerning boards and
commissions are in Chapter 2-3 of the Boulder Revised Code9. The
first important rule is that three affirmative votes are
s The CoPUC website has a nicely done history at
http://www.dora.state.co.us/puc/about/AboutHistory.htm
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&Itcmid=204
C:\DOCUments and Settings\beckll\LOCal Settings \Temp\X PG rpWise\r-2007 REVISED new B 5 C legal
resp memo.YAD.tloc
HONORABLE CITY COUNCIL
Page 5
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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 o£ 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.
C:\DOCUments and Settings \beckll\LOCal Settings \Temp \XPGrpWise\r-2007 REVISED new B s C legal
resp memo.YAD.doc
HONORABLE CITY COUNCIL
Page 6
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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-~-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
5 The city is exempt from the requirements of the recently-
approved initiative known as "Amendment 91," 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."
C:\DOCUments and Settings\beckll\LOCal Settings\Temp\XPGrpwise\r-2007 REVISED new B a C legal
resp memo.YAD.doc
HONORABLE CITY COUNCIL
Page 7
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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:
(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.
C:\DOCUments and Settings \bec kll \LOCal Settings \Temp \Y.PGrpWise\r-2007 REVISED new B 6 C legal
resp memo.YAD. doc
HONORABLE CITY COUNCIL
Page 8
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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 situat'ion.- 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 persoh 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
C:\DOCUments and Settings\beckll\LOCal Settings\Temp\XPGxpwise\x-2007 REVISED new B & C legal
resp memo.YAD.dac
HONORABLE CITY COUNCIL
Page 9
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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 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
6 While the rules discussed in this report are designed to
protect the public's ability to trust local government, it is
important to recognize that skepticism about government is not
necessarily an indicator of failure. Indeed, skepticism should
be respected as it is a measure of the public's engagement in
their civic affairs. As public officials, we answer skepticism
by openness, honesty, hard work, and demonstrated competence.
Public trust is earned by daily dedication to these core values.
C:\DOCUments and Settings \beckll\LOCal Settings \Temp\Y,PGrpWise\r-2007 REVISED new B & C legal
resp memo.YAD.doc
HONORABLE CITY COUNCIL
Page 10
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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
C:\DOCUments and Settings \beckll\LOCal Settings\Temp\XPGrpWise\r-2007 REVISED new B 6 C legal
resp memo.YAD.doc
HONORABLE CITY COUNCIL
Page 11
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
board or commission is permitted.
It is important to recognize that a meeting of three
or more members may not necessarily have to happen in the same
time and place. In other words, a face-to-face meeting is only
one way for potentially unlawful action to occur. "Serial"
meetings in which decisions are made as one official garners
support and commitment for certain actions from several of his
or her colleagues, one-by-one, are problematic as well.
State law specifies that three or more elected
officials communicating by e-mail constitutes a public meeting,
and all such communications are to be copied to the Hotline e-
mail address. While not explicitly required by the state law,
we advise similar caution for boards and commissions because a
court could find such an electronic communication to constitute
an illegal meeting. Use of one-on-one telephone or fax
communications is a better idea, since the risk of forwarding is
much less, and thus the risk of an illegal meeting can be more
easily avoided.
5. Special Constitutional Rules for Quasi-Judicial Hearings.
The Constitution requires certain city decision-making
processes to follow court-like procedures. These procedures
assure a fair and thoughtful decision that protects the
individual rights involved. The procedures also assure that
affected persons have notice of the potential action and an
opportunity to be heard before the decision is made. These are
called "quasi-judicial" hearings.
A quasi-judicial hearing calls for a determination of
facts based upon evidence presented during a hearing. Chapter
1-3, "Quasi-Judicial Hearings," B.R.C. 1981, specifies all of
the details of handling procedural and evidentiary issues at
C:\DOCUments and Settings\beckl l\LOCal Settings\Temp \XPGrpWise\r-2007 REVISED new H s C legal
resp memo.YAD.doc
HONORABLE CITY COUNCIL
Page 12
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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 Pa rte Contacts
A fair hearing requires the decision to be made upon
the basis of evidence that all have heard, and all have had a
chance to challenge. This means that the substance of all
material contacts (conversations, site visits, etc.) outside of
the hearing, dealing with the subject matter of the decision,
must be disclosed on the hearing record, and that an opportunity
be given for comment at the hearing if the material is to be
considered in any way by the board or commission. The City
Attorney's O££ice recommends that board and commission members
avoid all such ex parte discussions outside o£ 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
C:\DOCUments and Settings\beckll\LOCal Settings\Temp \XPGxpwise\r-2007 REVISED new H b C legal
re sp memo.YAD. doc
HONORABLE CITY COUNCIL
Page 13
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
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
C: \DOCUments and Settings\bec kll\LOCal Settings \Temp \X PGrpWise\r-2007 REVISED new B s C legal
resp memo. YAD.doc
HONORABLE CITY COUNCIL
Page 14
February 6, 2008
Re: Summary of Important Legal Responsibilities for
Board Members and Commissioners
without formal leave of absence."
Finally, the provisions concerning the Open Space
Board of Trustees are quite general. Section 173 provides only
that: "Five members of the Council may remove any board member
for cause."
Council has codified the absence rule at Section 2-3-
1, B.R.C. 1981: Failure to attend three consecutive regularly
scheduled meetings without a leave approved by a majority of the
board is grounds for Council to remove a member.
To summarize, any unexcused period of absence in
excess of three regularly scheduled meetings can result in
termination of membership on a board or commission. However,
the Council retains the power to remove a board or commission
member for absences of a shorter period and for causes other
than absence from board or commission meetings.
00000
C:\DOCUments and Settings\bec kll\LOCal Settings\Temp\X PGrpwise\r-2007 REVISED new S s C legal
resp memo.YAD. doc
rva~rlo~- ren~vd~l~ll ~Id~~~
ooLS• l rese
CI~I
~
n~ ~ ~
x u x:
FROM lA
f the building, Caranci and ~ - '
ome others cried foul in this - " ~ ~ ~ ti
ing town turned bustling ~ '
' ~~J
edroom community.
But then, passions usually do
n high when the interests of ~ y s ~ ~ Y ~t
~
hooldistricts,historicpreser- , ~ ~~H x~~~; ~ ~ k ~
C e~-. v , +'4° z s' `urn~:~'~ee.. ~ aa,.:; ~'a, : 2` . ~ "~'e~ .y ~#~k~,,,."~a~.,a~:s, z`t~'g ~ ~
entalists ~ , ~ ~i:f ~ tom:. $sk ~r"~, .~~s „r az ~ w3 ~ ~ ~
ationists, environm a~ , ,~~~~~a ~ 7; y, ~F~~.. ~ ,t~_; ~
d residents converge. ` ~''~"t ~ ~~~.r ~
°t ~ a r^ n5'" .,~k ~-,^~c~„
t~'Si:- ~ ~ ;a~~i .s~=`
ver a in or empty t , ~;=r ~ ~ ~ ~ - ~ r,<,, ~ ,t ~
Debate o g g ~ -a,; a° ~
~ ~t4 z. 'i~ ~ ~,r ~¢~A a, ~}L~x Srk~~ of Y~i~hSk*Y~~' S~~~
drool buildmgs long regarded w ~ f,a ~ ~Y ~
s community cornerstones re- ~ 1. ~ ` E £
entl has roiled Louisville and
oulder -and might soon sus- ~ ~ e ~ ' ~
t ~ ~
~ .
ace in Denver. ~ ' ` ~ ~ a
"All we're asking, said Car- ~
ci, a member of the Louis- ` " ~ A ~
ille Historical Commission, `~~~a ;;;r : '
. a s
4;
`is to keep the facade of the `
f~~ ~ 4 t
uilding, some way, somehow,
z
o that people at least have that
art of it to remember."
'
~
Of course, Caranci's histori- ~ ~ ~
al touchstone is another neigh- ~ `
or's eyesore, a dull edifice
tanding in the way of a zist-
enturyfacility.
"To some extent, you've just
of to get over it," said Jennifer
ouches-Reid, 39> who has
hree children under age 5 who
fight one day attend the
drool. "I understand that
hings,from along time ago are `
mportant, but you have to
ave a little sense about it."
fight bonds to~ schools -
As student populations shift , '
dtheharshrealitiesofeduca-
ion finance leave little on the ~
r~~~~`~
able to upgrade facilities -
d sometimes dictate that ohn Gless, a,planning consultant who lives in Forte Collins, grew up across the street from Washington Elementary School in Boulder. The schoo
hey be closed altogether - 1 04 and closed in 2003 because of low enrollment. Gless and others are fighting a proposal to put housing and. commercial space on the property:
drool buildings become. ob ~ , ~ '
ects of civic skirmishes. the. proposed development would cram too much onto the 3 acre site. Cyrus McCrimmon, The Denver Post
Inthe Boulder Valley School ~ school .needs. ,to delivez he ;
e
£or it to fit . . . t - ~
- txict con£lict:,.~over .three
®UTd''GTams'~'~"fo fdrt~l- ? 2c~'rimmon,~The Denver Post ~~c
k ~ a +~PR.-rr,
b ~ .~~rq ~ f !1 1 .Are
~sfriGr; . copflcr., ove three for it to fit t n , , , ' ~ school needs to deliver," he
- What s next
roperties -two renovations The closing of Stevens Ete- said. "It's. pretty hard;to ..get
nd one proposed' redevelop- mentary in the Congress Park Denver's decision to close eight elementary schools wilt save the district them all."
ent - has underscored the neighborhood causedhugecon- money but leaves open the often touchy question of what will become of , _
the buildings, DeVelO went looms
fight bonds between locals and troversy in the early i99os, ~
heir school buildings, when neighbors who had rat- , : When the construction ;dust • "
Those spats might foreshad- lied support for a bond issue finally, settles, at least those - • - •
i; REM7NGTON ~z7o
w what lies ahead in Denver, felt betrayed when their own ® Y communities will still have _
- here a massive reform plan school was shut down and sold. SM~otev® } ~ schools..
' ~ ill shutter eight. elementary Charles .Nash, who has rede- W: 38th Ave.. Critics have emerged in force
chools. Real estate sales could veloped three Denver Public p NtiTCHELL • Martin Luther King blvd. to contest the proposed rede-
our cash into the district's till. Schools properties -including HALLETT velopment of Boulder's Wash-
eveIopment also could Stevens, which he transformed
ut red
~ir' hange netghborhood dynam- mto a ~z3-unit condo- project - .r . ~ ~ 3 ington Elementary... School, _
' which opened in i9o4 and ~ -
' cs -for better or worse. said communttybuy=m is so im- W. Colfax Ave. ~ !Q wvMaN ~ closed, m zoo3 because of low
The Denver schools - }temp •'portant that he goes door to ~ ~ ~ ~ enrollment.'
'ngton, Smedley, Del. Pueblo> door seelang feedback. ~ ~ o, ~ After the city passed on the "I don't know that i
'teman, Fallis, Mitchell, Wy- _ "In .every case, I do a very • E. Sixth Ave. ~ l property, the school district an emotional attach:
an and Hallett -were casual- thorou h feasibilit stud to D e
tr~r Dot PuESGO o
g y y L_J ~ WHITEMAN ~ mile struck a deal with a developer says, "but it does g
is ies of declining: enrollment.. make sure the neighborhood is Map ;?s, E. Alameda Ave: ~ for $3.9 million -money the highly developed
ieir closures will safe the dis- not going to be upset and to be area FALLIS ® district would earmark for capi- place. for what it me
rict an estimated $3:Smillion a sure they know what my im- ~ tat improvements. thatspace means for t
ear, pact will be,"Nash said. The.Denver no5r But .opposition has chat- borhood: '
Emotional .pleas to save One of Denver schools that lenged Boulder-based Wonder= Wonderland mom'
ome of the schools fatted: But .will close, Smedley Elementa land Hill Development Co. s the protect density
' dministrators have vowed to ry in northwest Denver, a1- proposed project, which `in- tent with other Boulc
ay closeattention to neighbor- readyhas been designated obis- ued to listen to concerns about full of memories." eludes co-housing units where borhoods -and
nee
- ood voices. as they decide tonic landmark. Denver Public the renovation in fast-growing The renovation plan for Ca- residents share some common met the
property's h.
hat to do with the eight prop- 'Schools periodically reviews Louisville, where almost half sey, which opened in t924, has spaces, plus commercial space tag.
Wonderland sa
rties. its buildings for historic status the population has arrived roiled some residents on two and detached homes. The tried to deal
reason;
`k' "We recognizethat it's. a deli- and, if a property qualifies; the since i99o. counts. Although adesign com- Washington School Neighbor- neighbors' concerns
ate topic," said a DPS spokes- Denver landmark commission "As citizens, we don't. have a promise will leave two build- hood Association mobilized a continue toward
an A
' ' an, Alex Sanchez. "So we retains some say in any renova- `lot of faith that decisions are be- ing facades intact with new petition drive that gathered
date.
' ant to be sure and'not make tion or redevelopment. Wing made within the context of construction behind them, that more than ~,ooo signatures to
ecisions without engaging Louisville and its history," said alternative isn't true historical block zoning - enough to Finding mOtlVath
chool-specific communities." CO11Ce1nS Ill LOU1SVllle Heather Lewis of the town's preservation and might not be bring the project to a tempo- But a process that
n
Preservation issues aren't al- Historic Preservation Commis- the most environmentally racy halt. - -es- or utterly transfc
4' ffects of a closin -
e g ways spelled out so clearly. _ Sion. She. would like designers sound choice, critics-say. Spokesman John Cless said schools, however w~
Although school closings In Boulder Valley,-where the to take another look at preserv- Taking into account the ever- the proposed project tries to tioned,
almost inevi
i an be jolting to neighbor- average age ofschool-buildings ingthe middle school. gy required to demolish an old- cram too much. on the 3-acre nites passions
tinged
oods, they also. can, provide is 44 years; a nearly $30o mil- But proponents of the cur- er structure, they argue that of- site. And though the school is tual
distrust:
wr conomic infusion not seen in lion bond issue in zoo6 -has rent plan point out that time ten the greenest buildings are closed, the playground and ad- "It
remains to be see:
evades, said Ken Schroeppel, powered ignificant renova- spent mulling over more op- the ones already built. joining fields still provide the- grained people
are
urbanplanner-far Matrix De- tions -including those at Lou- tions could ultimately cause James Hewat, a Boulder his- ' equivalent of a "pocket park" point of view,
and who
ign Croup who; tracks core- isville and Casey middle some elements to be scaled tonic preservation planner and where .kids .play softball -and
ulterior motives ar
ity projects on his website, schools,where architectural is- back due to rising costs. parent who served on the De- soccer. Terri Furman, directo
vww.denverinfill.com. sues have rankled some. "Historic preservation in this sign Advisory. Team, said he Cless, a planning consultant and' marketing for '
s "Eletnentary schools tend' to "We don't want to sound cal- day of limited resources means learned a lot about the difficul- who lives in Fort Collins, grew '
land.. "Is it just to
elocated in the heart of a com- lous or indifferenttohistorical we have to make hard choices," tybalancing educational, envi- up across the street from -the
project? Or to find a
` unity;" he said. "It's anoppor- preservation, but our primary said Joe Alper, an u-yearZouis- ronmental and historical con- school in a house where hispar-
raise?"
'tyfo introduce retail to the obligation is the education of ville resident who has a sev- cerns -but wishes more time ents still live. He figures that be- "Somebody,"
Cless s
terior of aneighborhood - a ourstudents,"`said Briggs Cam- enth-grader at Louisville Mid- was spent exploring the feasi- tween the classroom and play- to blink."
offee .shop or neighborhood- blip, spokesman for the Boul- dle. "You. really have to make bility of keeping Casey intact. ground he ,.might have spent
cale:retail where prior to that der Valley district. the argument that something is "i've learned a lot about all more. time on the Washington. Kevin Simpson:
303-954
' e;.there was,no good place Zast week, planners contin- truly historic, not just old or the pressures, the things. a propertythan almost anyone.
or ksimpsonQa denverpo
;3- - -sue .,in.... -
r~~ ~ ~k,~-~,~ put housing and:commercial space on the property; they say I~
~ rPosr i
~a u
i a .
9~ ~ i
-eanpaos
school needs to deliver," he }3?L?s Brio?;e
said. "It's pretty hard o get S 00 JS
them all." • ~ u
Development looms o~ ansq n
When the construction dust ' ' •
azs o:~e our
fmally settles, at least those - • - • Iugl p~~,
communities will still have _ aq~ pua~Ii
schools. noon S ags z
Critics have emerged in force . • suq ot;m
i to contest the proposed cede- ~ za;?uaajpn
velopment of Boulder's Wash- • - tsn[ an,noe(
ington Elementary..- School, _ _
which opened in 1904 and ~ ~ -Isiz z ~0 1
closed in 2003 because of low a~T3?Pa lin
enrollment., ` - -~?au saq~
After the cit assed on the "I d n' -
Y P o t know that it givesme ?zolsru s,t;
property, the school district an emotional attachment," he ;,'z<
struck a deal with a developer says, "but it does give me a I ~sql aneq I~
for $3.q million -money the highly developed sense of `~nouatuos
district would earmarkfor capi- place for what it means, what aqI ~o ape
tal improvements. that space means for that neigh- ~ `uo?ssnutQ
But opposition has chal- borhood:" ' 4~ . . -smo7 a~
lenged Boulder-based Wonder= Wonderland maintains tliat ~ ~
land Hill Development .Co.'s the project density is consis- ~f
proposed project, which in- tent with other Boulder neigh- ~ ;r ~ , -zns woos j
eludes co-housing units where borhoods -and necessary to ' pus alltnsr
residents share some common met the property's hefty price j, ` -az sauo~sl
spaces, plus commercial space tag. Wonderland says it has I papzs~az
and detached homes. The tried to deal reasonably with , ~tadtua zo
Washington School Neighbor- neighbors' concerns as talks ~ 'ag•
hood Association mobilized a continue toward an Apri18 sale s~sge;ualn
petition .drive that gathered date. -zasazd au
more than y,ooo signatures to ~ ;o stsazah
block zoning - enough to F1I1tI111g InOtlVatlOIlS op Xilsnsn
bring the project to a tempo- But a process that moderniz- '1
raryhalt. es nr utterly transforms- old ~u?l;snq F
Spokesman John Gless said schools, however well-inten- ~ s?qI u? lnc
Fi the proposed project tries to tinned, almost inevitably ig- ~ pus ?auzz
cram too much. on the acre nites "
3- passions tinged with mu- ~ ~
~~site. And though the school is tualdistrust. ~ `
`closed, the playground and ad- "It remains to be seen how in-
joining fields still ptovide the grained people are in their
equivalent of a "pocket park" point of view; and what the real ~ ~~O
where kids play softball and ulterior motives are," said •
soccer. Terri Furman, director of sales
aGless, a planning consultant and marketing for Wonder-
ho lives in Fort Collins, grew land. "Is it just to stop the;
~
'across the street from the project? Or to find a compro- ~ ~ I
~,ooiinahousewherehispar- mtse?"
tsstill live. He figutesthat be- "Somebody," Mess said, `h`as
een the classroom and play- to blink."
d he might have apent
~e time on the Washington Kevin Simpson: 303-954-1739 ,
P,~rty than almost anyone. or ksimpson@denverpost.com