8A - Discussion of Board operating procedures and next stepsCITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD HANDBOOK
Presented by the Rules Subcommittee to PRAB
for its review at the Januazy 28, 2008 Boazd meeting
~,C'aEt~f~A iTEt~ #,~o P~A~ ~
SCOPE 3
RECOMMENDED READING 3
PART ONE: LEGAL CONTEXT 4
I. COLORADO REVISED STATUTES 4
A. Open Meetings 4
II. CHARTER OF THE CITY OF BOiJLDERf COLORADO 4
A. The People of Boulder and Colorado's Constitution 4
B. City Counci[ 5
C. City Manager 5
D. PRAB 6
III. CITY OF BOULDER REVISED CODE 11
A. Boards and Commissions General Procedures ........................................................................................................................11
B. Parks and Recreation Advisory Board 11
PART TWO: PRAB RULES ................................................................................................................................................................13
1. BASK PRINCIPLES 13
II.OFFICERS 13
III. CONDUCT 13
IV. COMMUNICATIONS TO CTTY COUNCIL 13
V. AGENDA FOR MONTHLY BUSINESS MEETINGS 13
A. Overview !3
B. Notes on Specific Agenda Item Categories 14
C. Agenda Committee I S
D. 77ee Parks and Recreation Department I S
VI. COMMON MODES OF PRAB OPERATIONS 15
A. PRAB Requests to the Department I S
B. PRAB Informal Discussion l6
C PRAB Action .............................................................................................................................................................................16
VIL RULES OF MEETING PROCEDURE 16
A. Prior to a Meeting 16
B. Meeting Time and Place 16
C. Required Ojficers l6
D. Duties of the Presiding Officer 17
E. Rights of Members 17
F. Appeal !7
G. Quorum 17
H. Assignment of the Floor 18
I. Rules of Speaking 18
J. The Handling of a Main Motion 18
K. Other Useful Motions 20
L. Improper Motions 20
M. Principal Rules Governing Motions ZO
N. Voting 21
VIII. OTHER MEETINGS 21
IX. PARLIAMENTARY PROCEDURE 21
X. AMENDMENT 21
XI. REVIEW 21
PART THREE: APPENDIX 22
I. BRC CODE OF CONDUCT 22
II. PARKS AND RECREATION STATUTORY FEES 32
~aGE1~DA ITEM # PAGE Z
SCOPE
Part one is a summazy of laws pertaining to the Pazks and Recreation Advisory Board (DRAB). It is intended to
provide an overview of the most important legal information relating to PRAB and to provide the legal context
in which PRAB exists. Note that PRAB members aze bound by their oaths of office to support the
Constitution of the United States of America and of the State of Colorado and the Chazter and ordinances of the
City of Boulder." Part one is not intended to be an authoritative source of the law and should be updated when
laws change. Note that the actual legal text as accessed online is shown in italics in pazt one; any text not
italicized in part one is not part of the law. For Boulder's Chazter and the Boulder Revised Code (BRC), the
text was taken from httu://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21
and 2-7 were taken on January 16, 2008). For the Colorado Revised Statutes, the text was taken from
httn://www2.michie.com/Colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on Novembet 19, 2007.
Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by
PRAB under authority granted to it by the Boulder Revised Code and aze based on The Standard Code of
Parliamentary Procedure (2001). These rules aze incorporated into the handbook and become effective upon an
affirmative vote of four PRAB members. Thereafrer, all prior rules of PRAB in conflict therewith shall be of no
further force or effect.
Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set
forth in pazt 2 are subject to revision by the vote of a majority of PRAB.
This document has been prepazed with the assistance of the City of Boulder's Office of the City Attorney.
RECOMMENDED READING
PRAB members are advised to read and familiarize themselves with the following:
Parks and Recreation 2006 Master Plan. Although it is not law, the Pazks and Recreation 2006 Master Plan is
city policy as it was adopted by the city council on December 19, 2006. Council also directed staff to report
back on the Valmont Site process and Private Nonprofit analysis and to keep fees for BAM and Aquateens at
20061evels until the private nonprofit issue was addressed. Refer to minutes available at
http://bouldercolorado.gov/files/City%20CounciUMinutes/2006%20Minutes/ 12_19_06min.pdf.
BRC 2-7 Code of Conduct. Included in part I of the appendix to this document.
The Standard Code of Parliamentary Procedure (2001).
AGENDA IYEIN #Jt.N~t-~ PAGE 3
PART ONE: LEGAL CONTEXT
I. COLORADO REVISED STATUTES
A. Open Meetings
PRAB members are advised to read and familiazize themselves with Title 24, Article 6, Part 4, Section 202 of
the Colorado Revised Statutes, which reads in part:
(2) (a) All meetings of two or more members of any state public body at which any public
business is discussed or at which any formal action may be taken are declared to be public
meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is
fewer, at which any public business is discussed or at which any formal action may be taken are
declared to be public meetings open to the public at all times.
(c) Any meetings at which the adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs or at which a majority or quorum of the body is in
attendance, or is expected to be in attendance, shall be held only after full and timely notice to
the public. In addition to any other means of
full and timely notice, a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is pasted in a designated
public place within the boundaries of the local public body no less than twenty four hours prior
to the holding of the meeting. The public place or places for posting such notice shall be
designated annually at the local public body's first regular meeting of each calendar year. The
posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and
such records shall be open to public inspection. The minutes of a meeting during which an
executive session authorized under subsection (3) of this section is held shall reflect the topic of
the discussion at the executive session.
(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and
promptly recorded, and such records shall be open to public inspection. The minutes of a
meeting during which an executive session authorized under subsection (4) of this section is held
shall reflect the topic of the discussion at the executive session.
(III) If elected officials use electronic mail to discuss pending legislation or other public business
among themselves, the electronic mail shall be subject to the requirements of this section.
Electronic mail communication among elected officials that does not relate to pending
legislation or other public business shall not be considered a "meeting" within the meaning of
this section.
II. CHARTER OF THE CITY OF BOULDERS COLORADO
A. The People of Boulder and Colorado's Constitution
The preamble to the city charter reads:
AGENDA ITEM PAGE_~
We, the people of the City of Boulder, under the authority of the constitution of the State of
Colorado, do ordain and establish this charter for the municipal government of the City of
Boulder, Colorado.
B. City Council
I. Specific duties of council
The specific duties of council are given in Article II section 12 of the city charter, which reads:
The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an
auditor for such independent audits as are in this charter required or authorized to be made by
order of the council, and such advisory boards or commissions as may be desired or are
elsewhere provided
for by this charter; but no member of the council shall act or be chosen as
manager.
The council shall cause to be made at least annually, and at such other times as it may deem
necessary, an audit of all financial accounts of the city.
The council shall consider all recommendations and reports from time to time presented by the
city manager, or by any of the advisory commissions or the departments of
planning and parks,
and shall acceptor reject the same within thirty days from the date of
filing thereof with the
council.
2. Powers expressly withheld from council
Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads:
Except for purposes of inquiry, the council shall deal with the administrative service solely and
directly through the city manager, and neither council, its members, nor committees shall either
dictate the appointment, retention or removal or direct or interfere with the work of any officer
or employee under the city manager. Any such dictation, attempted direction, or interference on
the part of any member of the council shall be punishable in the manner deemed appropriate by
the other members of the council, which may include removal from office. (Amended by Ord. No.
6008 (1998), 2, adopted by electorate on November 3, 1998. Further amended by Ord. No.
6009 (1998), § 2, adopted by electorate on November 3, 1998.)
C. City Manager
1. The city manager defined
Boulder Revised Code 1-2-1(b) states:
"City manager" means the city manager of the City ofBoulder, Colorado or the manager's authorized
representative.
2. The city manager's role
~GENDP ITEM , PACE
The city manager's role is given in Article V section 63 of the city charter, which reads, in part:
The city manager shall be the chief executive and administrative officer of the city. As such, the
manager shall possess, have, and exercise all the executive and administrative powers vested in
the city.
3. The city manager's powers and duties
The city manager's powers and duties aze given in Article V section 64 of the city chaz[er. Subsection c of
Article V section 64 reads:
To exercise control and supervision over all departments herein created, except as otherwise in
this charter provided,
4. The city manager and the department of pazks and recreation
The relationship between the department of parks and recreation and the city manager as well as the functions
of the department of parks and recreation are given in Article XI section 155 of the city charter, which
reads:
Under the direction, supervision and control of the city manager, the department of
parks and
recreation:
(a) Shall supervise, administer, and maintain all park property and recreation facilities.
(b) Shall supervise, administer, and execute all park and recreation programs, plans, functions,
and activities of the city.
(c) Shall prepare and submit to the parks and recreation advisory board written
recommendations on those matters where this article requires a recommendation from said
board prior to council or department action.
(d) May, at the request of the parks and recreation advisory board, prepare and submit to the
board information and recommendations on such park and recreation matters as are not
provided
for by (c) above.
(e) May request advice on any park and recreation matter from the parks and recreation
advisory board. (Added by Ord No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)
D. PRAB
1. General provisions
General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which
reads:
At any time after the organization of the council elected under the provisions of this charter, the
council by ordinance may create and provide for such advisory commissions as it may deem
advisable; provided, that a library commission is hereby created, and the council shall, within
ninety days from its organization, appoint the members thereof ff
AGE~I~A ITE~9 # ~ ~ PAGE b
Each ofsucRcommissions, including the library commission, shall be composed offive electors,
appointed by the council, not all of one sex, well known for their ability, probity, public spirit,
and particular fttness to serve on such respective commissions. When first constituted, the
council shall designate the terms for which each member is appointed so that the term of one
commissioner shall expire on December 31 of each year; and thereafter the council shall by
March of each year appoint one member to serve for a term offive years. The council shall have
the power to remove any commissioner for non-attendance to duties or for cause. All vacancies
shall be filled by the council. When first appointed and annually thereafter following the
council's appointment of the commissioner, each commission shall organize by appointing a
chair, avice-chair, and a secretary; all commissioners shall serve without compensation, but the
secretary of any commission, if not a member, may receive a salary to be fixed by the council;
any commission shall have power to make rules for the conduct of its business. All
commissioners shall serve until their successors are appointed
All commissions shall hold regular monthly meetings. Special meetings may be called at any
time upon due notice by three members. Three members shall constitute a quorum, and the
affirmative vote of at least three members shall be necessary to authorize any action by the
commission.
All commissions shall keep accounts and records of their respective transactions, and at the end
of each quarter or more often, if requested by the council, and at the end of each fiscal year shall
furnish to the council a detailed report of receipts and expenditures and a statement of other
business transacted.
The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge,
and deliver for the commission all contracts and writings of every kind.required or authorized to
be signed or delivered by the commission. The signature of the chair shall be attested by the
secretary.
The commissions shall have the right to the floor of the council to speak on plans and
expenditures proposed or to appeal for a decision in a failure to agree with another commission
or the manager.
Wherever there shall be suitable accommodations in the city building, the offices of the
commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), 2, adopted by
electorate on November 3, 1998.)
2. Creation of PRAB
PRAB is created by Article XI, section 157 of the city charter, which reads:
There shall be a parks and recreation advisory board consisting of seven members appointed by
the city council. The members of the board shall be residents of the city, shall not hold any other
office in the city, and shall serve without pay. The council may appoint such ex-off cto members
to the board
for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
3. PRAB office
I~~ENDA {TEfN , PR~~ 7
PRAB term of office, removal, and vacancy aze given by Article XI, section 158 of the city charter, which
reads:
The term of each board member shall be f ve years, provided, however, that in appointing the
original members of the board, the city council shall designate one member to serve until
December 31, 1961, two members to serve until December 31, 1962, one member to serve until
December 31, 1963, two members to serve until December 31, 1964, and one member to serve
until December 31, 1965.
The council may remove any board member who displays lack of interest or who fails to attend
board meetings for three consecutive months without formal leave of absence.
The council shall f Il all vacancies. (Added by Ord. No. 2392 (1961), ~ 1, adopted by electorate
on January 31, 1961.)
4. Organization and procedure of PRAB
Organization and procedure of PRAB is given by Article XI, section 159 of the city chazter, which reads:
The board shall choose a chair and a secretary. The director of
parks and recreation may be
designated as secretary by the board.
The board shall have regular meetings once a month. Special meetings may be called at any time
by three members of the board upon giving of at least twenty
four hours' notice of said special
meeting to the board members.
Four members of the board shall constitute a quorum. Unless otherwise expressly provided
herein, an affirmative vote of a majority of the members present shall be necessary to authorize
any action by the board.
The board shall keep minutes and records of its meetings and transactions.
Except for such provisions as are herein expressly provided
for, the board shall have power to
make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1,
adopted by electorate on January 31, 1961.)
5. Functions of PRAB
Functions of PRAB aze given by Article XI, section 160 of the city charter, which reads:
The parks and recreation advisory board shall not perform any administrative functions unless
expressly provided in this charter. The board:
(a) Shall make recommendations to the council concerning the disposal of
park lands pursuant
to Section 162 of this charter.
(b) Shall make recommendations to the council concerning any expenditure or appropriation
from the permanent park and recreation fund pursuant to Section 161 of this charter.
11GENDR ITEM1~ #f} PAGE S
(c) Shall make recommendations to the council concerning the grant or denial of any license or
permit in or on park lands, pursuant to Section 164 of this charter.
(d) Shall review the city manager's proposed annual budget as it relates to park and recreation
matters and submit its recommendations concerning said budget to the council.
(e) May, at the request of the council or the department of
parks and recreation, prepare and
submit to the council, city manager, or the department recommendations on such park and
recreation matters as are not provided
for by paragraphs (a), (b), (c) and (d) above.
(fl May request information and recommendations from the department pursuant to the
provisions of Section 155(d) above.
The city council and the parks and recreation department shall not act on any of the matters set
forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the
board as above provided; however, the council and department may act on the matters set forth
in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its
recommendation to the council within thirty days after request therefor is made by the council.
The board's recommendation shall not be binding upon the city council unless expressly
provided by this charter. (Added by Ord. No. 2392 (1961), 1, adopted by electorate on January
31, 1961.)
6. Permanent pazk and recreation fund
The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter,
which reads:
There shall be a permanent park and recreation fund. This fund shall consist of the following:
(a) An annual levy ofnine-tenths of one mill on each dollar of assessed valuation of all taxable
property within the city.
(b) Gifts and donations to the fund.
(c) Proceeds of the sale of any park or recreation property or equipment whether real, personal,
or mixed.
(d) Appropriations made to the fund by the city council.
Expenditures from this fund shall be made only upon the favorable recommendation of the parks
and recreation advisory board and appropriation by the council. Said
fund shall not be used
for
any purpose other than the acquisition of
park land or the permanent improvement of
park and
recreation facilities.
Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event
be converted into the general fund nor be subject to appropriation for general purposes. Money
appropriated
from the fund which is not expended in whole or in part shall be returned to the
fund and shall not be subject to appropriation for general purposes. Money appropriated
from
the general fund
for park or recreational purposes which is not expended
for the purpose p
,.~'e~@pA ITEM PAGE I
designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)
7. Disposal of pazk properties
The disposal of pazk properties is governed by Article XI, section 162 of the city charter, which reads:
Park lands may be disposed of by the city council, but only upon the affirmative vote of at least
four members of the parks and recreation advisory board An advisory recommendation, which
shall not be binding on the council, shall be obtained
from the planning board prior to the
disposition or lease of
park lands. (Added by Ord No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961. Amended by Ord. No. 5574 (1993), 1, adopted by electorate on
November 2, 1993.)
8. Acquisition of pazk land
The acquisition of park land is govemed by Article XI, section 163 of the city charter, which reads:
The council may acquire park land
for the city, provided that the council shall not make any
expenditure of money for the purpose of acquiring park lands without first securing a
recommendation from the planning board and the parks and recreation advisory board.
Provided, however, that the council can act without such recommendations if said boards fail to
submit their recommendation to the council within thirty days after request therefor is made by
the council. The recommendations of the said boards shall not be binding on the council except
that the recommendation of the parks and recreation advisory board concerning expenditures
from the permanent park and recreation fund shall be binding on the council pursuant to Section
161 of this charter. (Added by Ord. No. 2392 (1961), 1, adopted by electorate on January 31,
1961.)
9. Franchises, leases, permits, and licenses in parks
Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter,
which reads:
No franchise shall ever be granted in or on park lands except on vote of the qualified tax paying
electors in accordance with the provisions of article VIII of the charter of the city.
The council may by motion grant leases, permits, or licenses in or on park lands, but only upon
the affirmative vote of at least four members of the parks and recreation advisory board. The
council may, by ordinance, delegate all or any part of this authority to the parks and recreation
advisory board to approve such leases, permits, or licenses. The parks and recreation advisory
board may, by motion, subdelegate all or any part of its delegated authority to approve such
leases, permits, or licenses to the city manager. The city manager may enter into standard
commercial licensing agreements for automatic food vending machines on park lands without
the approval of the parks and recreation advisory board or the council.
The term of any license or permit granted hereunder shall not exceed
five years, and any such
license or permit so granted shall be revocable by the council at its pleasure at any time,
whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No.
2392 (1961), 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993),
1, adopted by electorate on November 2, 1993.)
III. CITY OF BOULDER REVISED CODE
A. Boards and Commissions General Procedures
1. Rules of meeting procedure
Title 2, chapter 3, section 1, subsection b, part 4 states the boazds and commissions shall:
Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or
commission adopts other rules of meeting procedure
2. Open meetings
Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall:
Hold all meetings open to the public, after full and timely notice of date, time, place, and subject
matter of the meeting, and provide an opportunity for public comment at the meeting
3. Procedures
Title 2, chapter 3, section 1, subsection d, part 3 states the boazds and commissions are authorized to:
Adopt rules interpreting its legislative duties under this code and establishing procedures in aid
of its functions
4. Voting
Title 2, chapter 3, section 1, subsection d, part f states:
If a member of a city board or commission is present at a meeting and refuses to vote, the
member's vote shall be recorded in the aff
rmative. No member is excused
from voting except on
approving minutes of a meeting that the member did not attend or on a matter creating a conflict
of interest under chapter 2-7, "Code Of Conduct, " B.R. C 1981, or on consideration of such
member's conduct in the business of the board or commission.
B. Parks and Recreation Advisory Board
1. Subpoenas
Title 2, chapter 3, section 10, subsection e, states:
The board is not authorized to issue subpoenas.
2. PRAB functions
.AGENDA 11°EM PAGE
BRC 2-3-10(d) provides a list of the same functions as Article XI of the Charter, section 160 but without the
shall or may language.
AGENt~A ~TE~1 , PAGEl Z
PART TWO: PRAB RULES
I. BASIC PRINCIPLES
The basic principles of pazliamentary procedure that PRAB shall strive to uphold: ,
A. Rules should facilitate the transaction of business and promote cooperation and harmony.
B. A]1 members aze equal; officers only have additional duties.
C. The majority vote decides.
D. The rights of the minority must be protected.
E. Full and free discussion of propositions presented for decision is a right of members.
F. Every member has the right to know the meaning of the motion before the boazd and its effect.
G. Meetings should be characterized by fairness and good faith.
II.OFFICERS
PRAB shall have achair, avice-chair, and a secretary. The chair and vice-chair shall be PRAB members
chosen by majority vote of the Boazd at its first business meeting following the annual City Council boazd
appointments. The Board may by an affirmative vote of four members at any business meeting remove the
chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, the Board
shall fill the vacancy by majority vote. The secretary shall be a staff member designated either by the city
manager or the city manager's authorized representative. The secretary does not vote.
III. CONDUCT
PRAB members shall
A. act on behalf of the Board only when delegated such authority by a vote of the Board and report back to
the Boazd on the exercise of the charge (Note that PRAB members participating in working groups act
as representatives of PRAB but not as spokespersons for PRAB)
B. clearly identify whether they are speaking on behalf of the Boazd or speaking for themselves when
speaking in public forums other than Boazd meetings, including but not limited to city council meetings
C. conduct themselves in all interactions with one another, city council, city staff, and the public in a
professional and courteous manner
D. make all reasonable efforts to avoid "surprise" by being proactive and open in all communications
IV. COMMUNICATIONS TO CITY COUNCIL
The complete text of any motion presented to City Council shall be in writing. PRAB may designate a
PRAB member to present the motion to City Council during the period of public comment or, if
requested by the City Council, the City Manager, or the Department, during the Council meeting. The
PRAB member authorized to present the motion shall provide written copies of the motion to City
Council and read the complete text of the motion to City Council.
V. AGENDA FOR MONTHLY BUSINESS MEETINGS
A. Overview
A~EN~I~ iTE~ #.1L, PAGE ( 3
The agenda is generally set by the department as most matters azise from the department for consideration by
PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for
consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described
below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under
`matters from board members' or `matters for discussion/information.'
B. Notes on Specific Agenda Item Categories
1. Public Comment
Following public comments, the chair shall recognize a representative of the Department, usually the
Director, to provide the Depattrnent an opportunity to respond directly to the public.
2. Items for Action
(a) Items for action are those items for which a motion and vote aze anticipated. Usually, such items
should have been discussed at a previous PRAB meeting under `items for
discussionfinformation'. Items on which the Department and/or Council requests PRAB advice
shall generally be presented initially under `items for discussion/information' and then at the
following business meeting under `items for action.'
(b) Items for action are usually preceded by a staff presentation regazding the item and the question or
questions for which the staff is seeking the advice of the Board. The staff presentation may be
followed by questions from the Board.
(c) Public heazings are discretionary for PRAB. However, in the interests of openness and
accountability, PRAB shall hold public hearings prior to action on items arising under sections
160 (a) - (d) and prior to action on any item for which the PRAB determines that the period of
public comment may not have provided the public an appropriate opportunity for input.
(d) The Boazd usually has a period of informal discussion following the close of the public hearing,
which should result in a motion.
(e) PRAB then debates the motion.
(f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appeaz in
the minutes.
3. Matters from the Department
Matters from the Department may include a summary of upcoming work, events, and/or collaborative
activities of which the staff would like the Board to be aware.
4. Matters from Board Members
Matters from Board members may include ideas regarding information or recommendations to request
from the department, reports from individual Board members on sub-committees or other PRAB-
related activities to which less than a quorum of the Board has been assigned, or PRAB-related
activities which are not agenda items that an individual Boazd member wishes to bring to the
attention of the Board as a whole.
~,O~~DA. ITFfN . PP,GE~I
C. Agenda Committee
1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Pazks and Recreation
Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can
not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda
committee member by the PRAB member who can not attend.
2. The agenda committee usually meets on the Wednesday morning following the monthly PRAB meeting.
3. The agenda committee receives a draft agenda from the Pazks and Recreation Department Director, which
reflects charter-mandated actions and items on which the Department and/or Council requests PRAB
advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter.
4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole;
therefore, it shall not use the agenda committee meeting to advance the PRAB member's own agendas
or points of view or to limit or constrain other points of view.
5. The agenda committee determines how to present each item to PRAB, works to balance content with
time, and allocates time for each item (times assigned aze guidelines to be monitored by the chair during
the boazd meeting).
D. The Parks and Recreation Department
1. The Parks and Recreation Department prepazes packets containing the agenda and any other pertinent
documents for each PRAB meeting. Board materials should clearly articulate the subject or question on
which the Board's advice is sought, or the reason why the matter is being brought to the attention of the
Boazd. Board materials should allow the Boazd members to prepaze appropriately prior to the meeting,
such as formulating any pertinent motion, discussion points, and questions.
2. In order for PRAB members to have the most informed discussion of the issues before it, the Pazks and
Recreation Department is requested to provide PRAB with objective information. When analyzing
alternative courses of action, it is requested that the Department present and analyze a range of realistic
alternatives, including those proposed by PRAB members and members of the public, and present the
Depaztment's preferred alternative.
3. The Pazks and Recreation Department distributes the packets to PRAB members, usually on the
Wednesday prior to a Monday board meeting.
4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3-
1(b)(5).
VI. COMMON MODES OF PRAB OPERATIONS
A. PRAB Requests to the Department
PRAB may request information and recommendations from the department under Article XI, Section 160(f)
via passing a motion that makes that request. The usual process for making such a request is to introduce an
idea during the `approval of agenda' portion of the meeting and then have an initial discussion of it under
either the `matters for discussion/information' or `matters from boazd members' portion of the meeting.
Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda
4GEl~?~A I"1`EM # ,PAGE I ~
for the next business meeting for further work, or to make another motion that actually spells out the request
of the department.
B. PRAB Informal Discussion
Items that a PRAB member wishes to discuss with the boazd should be raised by that member in the form of a
motion for informal consideration. If the motion carries, then an informal discussion can take place either
under the `matters from boazd members' portion of the current meeting or under another portion of the current
meeting as specified in the motion approved. An informal discussion is started by a motion but does not
center on a motion, so the rules for handling motions and debate do not apply during the period of informal
discussion. Following informal discussion, a PRAB member may make a motion to include the item for
action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current
meeting agenda is approved, then any PRAB member may make a motion on that item.
C. PRAB Action
PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the
boazd to take immediate action on an item, that member should raise the item during the `approval of agenda'
portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated
during the `items for action' portion of the current meeting.
VII. RULES OF MEETING PROCEDURE
A. Prior to a Meeting
1. Boazd members should review their meeting packets and come to the meeting prepazed to address the
agenda without undue delay.
2. To the extent that an individual Board member has a question regazding a particulaz agenda item, the
Boazd member may address the question to the Department Director. If time permits, staff may respond
to the Board member who raised the question prior to the meeting and the PRAB as a whole. The
inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the
question and the chair shall provide the Department an opportunity to speak to the question.
B. Meeting Time and Place
1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City
Council chambers; however, the time and place may be changed upon adequate prior notice to the
public, PRAB, and the department.
C. Required Officers
1. Presiding Officer
The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the
vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of
PRAB aze absent, then a member of PRAB shall be elected by a majority vote of the PRAB
members present as chair pro tem and shall serve as the presiding officer.
2. Secretary
X01=NBA I`?EE~ . PP~GE
In the absence of the secretary, a secretazy pro tem shall be elected by a majority vote of the members
present.
D. Duties of the Presiding Officer
The presiding officer shall:
Determine the presence of a quorum
Call the meeting to order
Move through the agenda while monitoring the time
Ensure that all persons speaking during public participation have provided the appropriate written
information to the Board
Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue
State and put to vote all motions
Announce the result of each vote
Enforce the rules relating to procedure and decorum
Refuse to recognize dilatory or improper motions
Announce the basis or reason for ruling any motion improper
E. Rights of Members
Members' rights include:
Make motions
Speak in debate on motions
Vote
Require a retake of a voice vote of which the result is doubted by the member
Make a point of order to insist on the enforcement of the rules if the member notices a breach of the
rules that the presiding officer has not corrected
Make a pazliamentazy inquiry of the presiding officer if uncertain as to whether there is a breach on
which a point of order can be made
F. Appeal
Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any
two members can require him to submit a ruling to the vote of the Board by moving and seconding an
appeal immediately after the presiding officer has made a ruling. By one member making the appeal
and another seconding it, the ruling is taken from the presiding officer and vested in the Board for final
decision.
G. Quorum
1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159.
2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to
order. An announcement is not required.
3. The only actions that can be taken in the absence of a quorum are:
Fix a time at which to adjourn
Adjourn
Recess
Take measures to obtain a quorum
H. Assignment of the Floor
1. Beforz speaking, a member must claim the floor by raising their hand. The chair will recognize a
member by nodding or announcing.
2. While a motion is open to debate, if the member who made the motion claims the floor and has not
already spoken on the question, then she or he is entitled to be recognized first.
I. Rules of Speaking
At all times, members shall
Maintain a courteous tone
Avoid repetition to the greatest extent possible
Not engage in personal attacks
Confine their statements to 5 minutes, unless permission has been obtained from the Board to exceed
that limit
J. The Handling of a Main Motion
1. Making a motion
A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few
words of explanation, which must not become a statements, or a member can first request information
or can indicate briefly what he wishes to propose and request the chair or another member to assist
with appropriate wording. A resolution or a long or complicated motion should be prepared in
advance of the meeting, if possible, and should be put in writing before it is offered.
2. Seconding a motion
Another member can second the motion to indicate that the motion should come before the Boazd for
consideration. The seconder may speak and vote against the motion. If there is no second, the chair
shall not recognize the motion.
3. Stating the motion
The chair formally places the motion before the Board by stating the exact motion and announcing it is
open to debate. The chair may require any motion to be in writing before she or he states it. Note
that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the
chair has stated it, the motion can be withdrawn only by permission of the board.
4. Debate
(a) The presiding officer can enter into the debate on the pending motion.
(b) The assignment of the floor in section VI H above applies.
~~E1+i~R i~F~i # PAfi~ lS
(c) The speaker's position on the motion should be stated directly, such as "I support this motion
because..." or "I oppose this motion because..."
(d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply:
i. Members shall confine remarks to the merits of the pending question -discussion that departs
from the subject is out of order
ii. Members shall refrain from attacking a member's motives
iii. Members shall not disturb the Boazd during debate
iv. Members who are interested and informed on the subject may speak several times providing that
members who have not already spoken are not seeking recognition.
v. Merely asking a question or making a brief suggestion is not considered a statement in debate.
vi. After each member has had the opportunity to be heard in each round of debate, the chair shall
ask if there is any further discussion. If not, the motion is put to a vote.
(e) Amendments
i. An amendment must always be closely related to or have bearing upon the subject of the motion to
be amended. No new subject can be introduced under the pretext of an amendment but an
amendment can be hostile to or defeat the spirit of the original motion.
ii. Amendments may
a) insert or add words or pazagraphs
b) strike out words or pazagraphs
c) strike out and insert words
d) substitute words, from one word to the entire text of the motion
iii. Handling of amendments
a) A member obtains the floor during debate on a motion
b) The member moves to amend
c) Another member seconds
d) The presiding officer states the proposed amended form of the motion
e) Debate on the amendment
f) The presiding officer puts the amendment to a vote
5. Putting the motion to a vote
(a) The presiding officer asks "Is there any further discussion?" If no one claims the floor, then the
chair announces the exact motion. If there is any possibility of confusion, the chair should explain
the effect of a yes vote and the effect of a no vote.
(b) The presiding officer announces the form of the vote, in accordance with section L below.
(c) The presiding officer calls for the affirmative vote
~~EFN~SA &TEIUI ~ I3AGE~
(d) The presiding officer calls for the negative vote
(e) The presiding officer announces the result of the vote
K. Other Useful Motions
Motions other than main motions aze available and members are encouraged to consult The Standazd Code of
Pazliamentary Procedure (2001) for filrther information. Some of the more useful motions available aze
summarized in the table appearing in part II of the appendix.
L. Improper Motions
1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law.
2. A motion is out of order if it proposes action outside the legal scope of PRAB.
3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of the Board as cleazly
indicated by the existing pazliamentazy situation or if it is absurd in substance.
M. Principal Rules Governing Motions
The following chart is adopted from The Standazd Code of Parliamentary Procedure (2001):
precedent interrup
cate o e motion t second vote
Priviledge 1 Adorn no es ma'orit
d 2 Recess no es ma'ori
3 Question of riviled a es no none
Postpone temporarily majority, 2/3 if supresses debate on the
4 table no es motion
5 Close debate no es 2/3
Subsidiary 6 Limit debate no es 2/3
Postpone to a certain
7 time no es ma'ori
8 Refer to committee no es ma'ori
9 Amend no es ma on
10 Main motion no es ma'ori
10 Amend a revious action no es ma'ori
Main 10. Rati no es ma'ori
10 Reconsider es es ma on
10 Rescind no es ma'ori
10 Resume consideration no es ma on
Incidential NA A eal es es ma'ori
Motions NA Sus end rules no es 2/3
NA Consider informal) no es ma'ori
Incidential NA Point of order es no none
Requests NA Parliaments in ui es no none
NA Withdraw a motion es no none
~GEN[7A ITEM #~tT P,4~E -ZO
N. Voting
1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to:
disposal of pazk lands
expenditure or appropriation from the permanent park and recreation fund
grant or denial of any license or permit in or on pazk lands
review of the budget
recommendations on the budget
2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis
of the roll as determined by the presiding officer subject to appeal.
3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the
members present shall be necessary to authorize any action of the Board, as specified in Article XI,
Section 159.
4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a
show of hands.
5. If a Boazd member is present and refuses to vote, the member's vote shall be recorded in the affirmative.
No member is excused from voting except on approving minutes of a meeting that the member did not
attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f).
VIII. OTHER MEETINGS
PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB
by a majority vote on a motion -the motion shall include the time and place of the meeting. Such meetings
aze subject to the legal context in which the Boazd exists including notice and minutes. Such meetings may
be study meetings with city staff, PRAB working meetings without staff, or other forms as needed.
IX. PARLIAMENTARY PROCEDURE
Except as provided herein or specified in the Charter or BRC, all matters of procedure aze governed by The
Standazd Code of Parliamentary Procedure (2001).
X. AMENDMENT
Provided notice of proposed changes, which includes additions, has been given to each member of the Board
and to the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be
amended by PRAB by an affirmative vote of four members.
XI. REVIEW
At the first business meeting of each calendar year, these rules shall be reviewed by the Board for the
purposes of Board members maintaining familiarity with these procedures, assessing the effectiveness of
these rules, and evaluating if any modifications are needed.
vfaE{Z!Bp iT~~ # tit{-1-~ 1_ PP,GE .
PART THREE: APPENDIX
I. BRC CODE OF CONDUCT
Chapter 2-7: Code of Conduct
2-7-1 Purpose, Legislative Intent and Findings.
(a) Purpose: The purpose of this chapter is to protect the integrity of city government by.'
(1) Defining and
forbidding certain conflicts of interest that if left unchecked tend to compromise
the ability of elected and appointed public officials and public employees to perform their duties
without improper financial influence.
(2) Defining and discouraging certain actions that may create an appearance of impropriety that
undermines public trust in the accountability and loyalty of elected and appointed public
officials and employees.
(3) Protecting the integrity of city government by providing standards of conduct and guidelines
for elected and appointed public officials and public employees to follow when their private
interests as residents conflict with their public duties.
(4) Fostering public trust by defining standards of honest government and prohibiting the use of
public office for private gain.
(b) Legislative Intent: It is the intent of the city council to:
(1) Prohibit public officials and public employees from acting on any matter in which he or she
may have a conflict of interest.
(2) Establish aspirational guidelines to encourage public officials and public employees to avoid
any appearance of impropriety.
(3) Require adherence to any provision of state or federal law that imposes a higher standard of
conduct than this chapter.
(c) Findings: The city council finds and determines that this chapter is necessary to protect the
public health, safety, and welfare of the residents of Boulder.
2-7-2 Conflicts oflnterest Prohibited.
(a) Conflicts Prohibited: No public official or public employee shall make or participate in the
making of any off cial action in which he or she knows or should have known that he or she
would have a conflict of interest.
(b) Disclosure Required. Each public official or public employee shall disclose any conflict of
interest and disqualify him or herself
from participating in the relevant action as provided in
section 2-7-10, "Disclosure and Recusal Procedure, "B.R.C. 1981.
2-7-3 Use of Public Office or Confidential Information for Financial Gain.
~GEl~gl?. 6`fEflR PAGE ZZ
(a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a
city board, commission, task force or similar body shall use his or her public office or position
for financial gain.
(b) Use Of Confidential Information For Financial Gain Prohibited: No city council member,
employee, or appointee to a city board, commission, task force or similar body shall use or
disclose confidential information obtained as a result of holding his or her public off ce or
position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of
any property or entity in which the off
cial or employee has a substantial interest; or gain for
any person or for any entity with whom the official or employee is negotiating for or has any
arrangement concerning prospective employment.
2-7-4 Duty to Maintain the Confidentiality of Privileged Information.
(a) Duty Of
A Member Of City Council, Board, Commission, Task Force Or Similar Body: No
city council member or appointee to a city board, commission, task force or similar body shall
disclose privileged or confidential information without a public majority vote granting the
permission of the council or similar body that holds the privilege. The sanction far a member of
the city council, board, commission, task force or similar body shall be censure of the body,
reached by a majority vote of the body, not including the member charged with disclosing such
confidential information.
(b) Duty Of
A City Employee: No city employee shall disclose privileged or confidential
information, obtained as a result of holding his or her public off ce or position, unless the
employee has first received approval by the city manager acting upon the advice of the city
attorney.
2-7-5 Gifts to Officials and Employees.
(a) Gifts Prohibited: No city council member or appointee to a city board, commission, task
force or similar body, or city employee, or relative of such employee or official shall accept
anything of value including, without limitation, a gift, a favor, or a promise offuture employment
if.
(1) The official or employee is in a position to take official action with regard to the donor; or
(2) The city has or is known to be likely to have a transactional, business, or regulatory
relationship with the donor.
(b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for
purposes of this section, and it shall not be a violation of this chapter for a person to accept the
same:
(1) Campaign contributions as permitted bylaw;
(2) An unsolicited, occasional non pecuniary gift of a maximum amount of $30.00 or less in
value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to
reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the
Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All
Goods, or its successor index;
. AGENDA i'fE~Y PAGE Z3
(3) A gift from a relative;
(4) An award, publicly presented, in recognition of
public service;
(S) 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-~-6 Prior Employment, Outside Employment, and Subsequent Employment.
(a) Prior Employment: No person shall be disqualified from service with the city as an off cial or
employee solely because ofhis or her prior employment. Officials and employees shall not take
official action with respect to their former employers for a period of six months from the date of
termination of the prior employment.
(b) Disclosure Of Employment And Other Business Activities: All officials and employees, other
than elected officials, shall report existing or proposed outside employment or other outside
business interests that may affect their responsibilities to the city in writing to their appointing
authorities prior to being appointed or hired After being appointed or hired, all such people
shall report any changes of employment or changes to outside business interests that may affect
the person's responsibilities to the city, within thirty days after accepting the same. An employee
that has received permission from the city manager may engage in outside employment or
outside business interests.
(c) Disclosure By City Council Members: Members of the city council shall report any change in
their employment status that could give rise to a conflict of interest under this chapter.
(d) Activities That Occur After Termination Of Employment Or Office: No former off cial or
employee shall seek or obtain employment concerning matters upon which he or she took offcial
action during his or her service with the city for six months following termination of office or
employment. This provision may be waived by the city council or the city manager.
(e) Participation Of Former Officials Or Employees: No former official or employee shall
appear before, or participate in, a city board, commission, task force or similar body on which
he or she was a member or served directly as an employee concerning any matter or on which he
or she took official action during his or her service with the city for twelve months following
termination of office or employment. This prohibition may be waived by the city council by ~~11
E~~A i~EAA #~f~,_, SAGE Z 1
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
Clty.
(fJ Participation In Litigation After Termination: No former official shall engage in any action or
litigation in which the city is involved on behalf of any other person or entity, if the action or
litigation involves a matter upon which the person took official action during his or her service
with the city for twelve months following termination of service with the city.
2-7-7 Employment of Relatives.
(a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city
any person who is his or her relative. In the event that an employee is concerned that the
employee's decision to appoint, hire or advocate the appointment or hiring by the city a person
who is the employee's relative may cause an appearance of violating this section, the employee
may request that the city manager make such decision on the employee's behalf. Council-
appointed officers may request the city council to make such an appointment or hiring decision
on their behalf.
(b) The city may enter into transactions with companies, corporations or other business
organizations that employ a relative of a city official or employee, provided that:
(1) The off cial or employee does not participate in the decision making that leads to hiring the
company, corporation, or other business organization that employs his or her relative; or
(2) The business organization is apublicly-traded corporation that provides its services or
products to the city on nondiscriminatory terms justified by the market facts and circumstances
of each transaction; or
(3) The company, corporation, or business organization has been doing business with the city for
at least one year prior to the date the city official's or employee's relative became employed by
the company, corporation or other business organization, and the city official's or employee's
relative is not directly employed upon matters involving the city and does not have his or her
compensation tied in any manner to the success of the company, corporation, or other business
organization, or its ability to obtain business or earn compensation from the city.
2-7-8 Representing Others Before the City Prohibited.
(a) City Council Members Barred From Representing Others: No city council member shall
appear on behalf of himself or herself, or another person, before the city council or any city
board, commission, task force or similar body. A city council member may be affiliated with a
firm appearing on behalf of or employed by another person concerning any transaction with the
city before such a body if the council member discloses the situation and recuses himself or
herself
pursuant to section 2-7-10, "Disclosure and Recusal Procedure, " B. R. C. 1981.
(b) Board, Commission Or Task Force Members Barred From Representing Others: An
appointee to a city board, commission, task force or similar body may appear or be affiliated
with a firm appearing concerning any transaction with the city under the following
circumstances.'
~GE~9t~A IYE~A PA.G~_2~
(1) An appointee may appear on his or her own behalf before the body of which he or she is a
member to represent his or her personal interests, if the appointee discloses the situation and
recuses himself or herself
pursuant to section 2-7-10, "Disclosure and Recusal Procedure,"
B.R.C. 1981, or before the city council;
(2) An appointee may appear on behalf of another person before any city body except the city
council or the body of which the appointee is a member;
(3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by
another person concerning any transaction before the body of which the appointee is a member
unless the appointee discloses the situation and recuses himself or herselfpursuant to Section 2-
7-10, "Disclosure and Recusal Procedure, "B.R.C. 1981.
(c) City Employees Barred From Representing Others: No city employee shall appear on behalf
of or be employed by another person concerning any transaction with the city or before the city
council or any city board, commission, task
force or similar body. An employee may appear
before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or
child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing
additional policies and regulations to prevent conflicts of interest between city employees and
the city.
(d) City Council Members And Municipal Court: No city council member who is an attorney
shall appear on behalf of or be employed by another person or be affiliated with a f rm
appearing on behalf of or employed by another person concerning any matter before the
municipal court.
(e) City Employees And Municipal Court: No city employee who is an attorney shall appear on
behalf of or be employed by another person or be affiliated with a firm that appears on behalf of
or is employed by another person concerning any matter before the municipal court. Anon-
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 beha f ofsuch 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.
(fl 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 f rm appear
on behalf of a parry in a civil law suit in which the city is an adverse party, unless the member or
appointee frst obtains the consent of the city council.
Ordinance No. 7517 (2007)
2-7-9 Appearances of Impropriety Discouraged.
(a) These guidelines are intended to establish ethical goals and principles to help city council
members, employees, and appointees to a city board, commission, task force or similar body to
~~I~f~i~A i~'Ei~ P~G@ Z6
determine if their actions may cause an appearance of impropriety that will undermine the
public's trust in local government.
(b) Violations of this section shall not constitute a violation of this chapter. Compliance with this
section will not constitute a defense for violation of another subsection or section of this chapter.
(c) A city council member, employee, or appointee to a city board, commission, task
force or
similar body who determines that his or her actions may cause an appearance of impropriety
should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10,
"Disclosure and Recusal Procedure, " B. R. C. 1981, in the following circumstances:
(1) If the person is an employee of a state or federal government entity with a substantial interest
in any transaction with the city;
(2) If the person has a close friend with a substantial interest in any transaction with the city,
and the council member, appointee, or employee believes that the friendship would prevent such
person from acting impartially with regard to the particular transaction;
(3) If the person has an interest in any transaction with the city that is personal or private in
nature that would cause a reasonable person in the community to question the objectivity of the
city council member, employee, or appointee to a city board, or commission;
(4) If the person is called upon to act in a quasi judicial capacity in a decision regarding any of
the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or
(5) If the person owns or leases real property within six hundred
feet from a parcel of
property
that is the subject of a transaction with the city upon which he or she must make a decision, and
is not required to receive official notice of a quasi
judicial action of the city. (Ordinance No.
7453 (2006))
2-7-10 Disclosure and Recusal Procedure.
(a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7-
2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail
to give written notice of the interest described in such subsection to the city council or the city
board, commission, taskforce or similar body of which the person is a member and the city
manager as soon as reasonably possible after the interest has arisen. However, no written notice
is required if such person discloses the conflict of interest on the record of a public meeting of
the city council or the city board, commission, task force or similar body of which the person is a
member. The interested council member, employee, or appointee shall thereafter:
(1) Refrain from voting upon or otherwise acting in an official capacity in such transaction;
(2) Physically absent himselfor herself
from the room in which a matter related to such
transaction is being considered; and
(3) Not discuss any matter related to such transaction with any other member of the council,
board, commission, task force, or similar body of which the person is a member.
(b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council
and any city board, commission, task force or similar body may order recusal of one of its
AGE(~GA ITEM # .PAGE Z~
members if that member has an obligation to do so under this chapter and has failed to do so.
Such an order is valid if reached after majority vote of the members of the body, not including
the member whose recusal is sought, based on competent evidence.
2-7-11 Enforcement.
(a) Violations Prohibited: No person shall violate the requirements of this chapter.
(b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the
following:
(1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city
attorney may initiate an investigation of any city employee, other than those directly reporting to
the city council, if
facts are alleged to the city manager in any form that, if true, would constitute
a violation of the provisions of this chapter.
(2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city
employee may initiate an investigation of any city council member, employee, or appointee to a
city board, commission, task force or similar body by filing a sworn statement with the city clerk
setting forth facts which, if true, would constitute a violation of a provision of this chapter.
(3) Complaints Initiated By The City Council: The city council may initiate an investigation of
any of its employees, and of any city council member or appointee to a city board, commission,
task force or similar body iffacts are alleged to the council that, if true, would constitute a
violation of the provisions of this chapter.
(c) Investigation OfA Complaint.• The city manager (for city employees) or the city council (for
alt others) shall request the city attorney to conduct an investigation regarding a violation of this
chapter. The city attorney may request that the city council appoint special counsel to investigate
and prosecute any case that may cause the city attorney to have a conflict of interest or may
cause an appearance of impropriety under the provisions of this chapter, or may violate any rule
regarding professional responsibility.
(d) Response To All Complaints Required.• A public official or body, or appointee thereof,
conducting an investigation pursuant to subsection (b) of this section shall prepare written
findings of
fact and conclusions of law in response to all complaints that shall be made available
to the public upon completion of the investigation. The response may include a finding that the
complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment.
(e) Limitations: No action may be taken on any complaint that is filed later than rivelve 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: Ifa transaction including but not limited to a contract or sale is
consummttted contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council
may void the transaction.
4-rE~n t€~}j- a/~~~
(b) Removal By City Council: The city council may remove any of its employees and any member
of a city board, commission, task force or similar body that it finds has willfully violated any
provision of this chapter.
(c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7-
11, "Enforcement, "B.R.C. 1981, fnds 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:
(I) In the case of a city council member, a motion of censure;
(2) In the case of a city employee, a motion for censure or a recommendation that the employee's
appointing authority consider disciplining or discharging the employee;
(3) Removal as provided in subsection (b) of this section; or
(4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve
that any person or entity causing, inducing, or soliciting a public official or public employee to
violate this chapter may not be involved in any transaction with the city, including but not
limited to the award of any city contract, grant, loan or any other thing of value for a period of
twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or
forfeited.
(d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the
District Court in and
for the County of Boulder for equitable relief to enforce the provisions of
this chapter upon a showing of willful violation of any provision of this chapter. Before filing
such an action, the person shall present the claim to the city attorney to investigate in
accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special
council shall have sixty days to act thereon. No civil action in district court pursuant to this
subsection may be commenced later than twelve months after a violation of this chapter is
alleged to have occurred.
(e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the
city attorney, acting on behalf of the people of the city, may prosecute any violation of this
chapter in municipal court in the same manner that other municipal offenses are prosecuted.
Defense: It shall be a defense to any charge of a violation of this chapter if the city council
member, employee, or appointee to a city board, commission, task force or similar body obtained
an advisory opinion pursuant to section 2-7-13, 'Advisory Opinions and Outside Counsel
Appointment, " B. R. C. 1981, and was acting in accordance with the advice provided thereby.
2-7-13 Advisory Opinions and Outside Counsel Appointment.
(a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or
appointee to a city board, commission, task force or similar body may request an advisory
opinion of the city attorney whenever a question arises as to the applicability of this chapter to a
particular situation. The city attorney's advisory opinion may provide a specific defense from
prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation,"B. R. C. 1981q.
I~Q;FND~ B~Ei~ PAGP 2' 1
(b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the
city attorney may appoint a neutral outside counsel to assist in resolving the issue.
2-7-14 Exemptions From Chapter.
Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board,
commission, task force or similar body who appears before any such body to urge action on a
policy or issue of a general civic nature or to the relationship between the city council, the city,
and a general improvement district. Participation in an improvement district shall not, in and of
itself, constitute a conflict of interest for a city council or improvement district advisory
committee decision concerning the district.
2-7-I S Definitions.
"Affiliated with"means an employee, partner, agent, stockholder, joint venturer, ar 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 aff liate of a firm with a substantial interest in any
transaction with the city;
(d) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a
person with a substantial interest in any transaction with the city;
(e) Is an officer of an organization that has taken an official position on any transaction with the
city;
Is on the board of directors of an organization that is substantially affected by a transaction
with the city;
(g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial
interest in any transaction with the city; or
(h) Is required to receive official notice of a quasi judicial action from the city.
"Employment" means providing personal services as an employee or an independent contractor,
with or without consideration.
"Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing
of value, rendering or deposit of money, which is transferred to a donee directly or in trust for
his or her benefit. "Gift" shall not include campaign contributions as permitted bylaw.
~GE~9~>i, g~Etw .PAGE ~O
i
"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-
makingprocess leading up to a vote or final determination.
"Public employee" or "employee" means any person holding any paid position of employment
with the city, but shall not include consultants or contractors who have independent control over
their work product.
"Public off cial" or "official" means any person holding a position with the city by election and
any person holding a position as an appointee of the city council or the city manager serving on
any city board, commission, task force or similar body.
"Relative" means any person related to a public official or an employee by blood, marriage or
adoption, through the second degree of consanguinity, including, without limitation, the
following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters,
brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and
nieces. A separation between spouses shall not be deemed to terminate relationships described
above which exist only because of marriage.
"Substantial interest" means a situation, including, without limitation, a financial stake in the
outcome of a decision in which, considering all of the circumstances, would tend to influence the
decision of a reasonable person faced with making the same decision.
"Transaction" means a contract of any kind; any sale or lease of any interest in land, material,
supplies, or services; or any granting of a development right, any planning, zoning or land use
or review process that may precede granting of a development right, license, permit, or
application. A transaction does not include any decision which is legislative in nature that
affects the entire membership of a class or a significant segment of the community in the same
manner as the affected official or employee.
Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived
from
Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442.
A~E~DA ~TE~ # ,PAGE ~ ~ _
II. Parks and Recreation Statutory Fees
1. General
Title 8, chapter 3, section 8 states:
(a) The city manager may impose fees for recreational activities open to the public conducted by
the city that the manager determines are reasonably necessary to recover the costs of such
activities.
(b) Admission fees to the city recreation centers, pools, golf course, and Boulder Reservoir are
those prescribed by section 4-20-41, "Park and Recreation Admission Fees, "B.R.C. 1981. The
city manager may establish discounted fees for group rates and promotional purposes in
addition to those specified in that section.
(c) No person shall fail to pay a fee prescribed by this code,for the use of a recreation center,
pool, golf course, or Boulder Reservoir.
(Ordinance Nos. 5187 (1989); 5425 (1991))
2. Fees for recreation centers, pools, reservoir, and golf course.
Title 4, chapter 20, section 21 states:
(a) The fees for admission to the East Boulder Community Center and the North and the South
Boulder Recreation Centers are:
(1) Daily:
Category Fee
Adult .~6.2~
i Teen 4.00
Child 3. SO
i
Senior ( 4.50
(2) Annual Pass:
Category Resident Nonresident
Adult $490.00 1 ,~61 00
Teen 225.00 285.00
Child ~ 195.00 245.00
Senior I 305.00 385.00
a r~~
(3) Ten Admission Pass:
_ _ _ _ _ _
Category ~ Resident ~ Nonresident
Adult I $56.00 ~ $58.00
Teen _ _ _ _
37.00 ~ 38.00
_ _ _
,Child ~ 31.00 ~ 32.00
Senior- I 41.50 I 42.50
(4) Twenty Admission Pass:
Category Resident Nonresident
Adult ~ x'106.00 ~ ,111.00
Teen ~ 69.00 I 72.00
Child ~ X8.00 61.00
~-Senior I 78.00 I 81.00
(5) Forty Admission Pass:
Category , Resident ~ Nonresident
- _ I T -
_ _ _ _ I-
Adult j $200. DO ~ _ $214.00
Teen ~ 128.00 ~ 138.00
_ _ _
Child 110.00 ~ 118.00
-T---
Senior ~ 146.00 ~ 156.00
(6) Climbing Wall:
Resident Nonresident
Groups (minimum of 60.00/hour $ 73. DO/hour
eight and maximum of
~ ten participants)
i
(7) Childcare:
Type Resident/Nonresident
T
Drop-in I ~6. SO for 1.5 hours of service per child
3.50 for each additional child
for 1. S hours of service
(8) Childcare Punch Cards:
~ No. Visits j Resident/Nonresident
Ten visits ~ $ 58.50 for first child,
~ ~ 35.00 for each additional child
Twenty visits 110. SO for first child,
70.00 for each additional child
Forty visits 195.00 for first child,
140.00 for each additional child
~~~~~A B`~E6~ ~A~~ 33
(b) The fees for admission to the Spruce and Scott Carpenter pools are:
Outdoor Pool Daily:
~ Category I , Resident/Nonresident
Adult j $6.00
Teen ~ 3.50
Child ' 3, 00
Senior ~ -1.00
(c) The fees for season pass allowing admission to the Boulder Reservoir, Scott Carpenter Pool,
and the Spruce Pool are:
- -
Outdoor Aquatic Facility Season Passes (Splash Pass): J
Season Pass Resident ~ Nonresident
Child $ b0.00 8 75.00
Teen 80.00 100.00
Adult I 120.00 ~ 150.00
i Senior ~ 80.00 ~ 100.00
ily ~ 240.00 300.00
The "Splash Pass"provides admission to all three outdoor
~ aquatic facilities: Boulder Reservoir, Scott Carpenter Park,
and Spruce Pool.
(d) The fees for admission to Boulder Reservoir are:
(1) Gate Admission only:
i Category Fee
Adult I $6.00
' Child ~ 3.00
Teen ~ 4.00
Senior I 4.00
(2) Boat (includes gate admission for two adults):
Duration Fee
Daily (Monday through Friday, no Resident/Nonresident
holidays):
1 Sailboat I 840.00
j Jet ski and powerboat 60.00
Boat (under 49 HP) 40. DO
Daily (weekends and holidays): I Resident Nonresident
_ - _ ~.r _ - _ - _ - -
Sailboat ~ X33.00 ! .30.00
- -
Resident ~ Nonresident
Season Boat.• ~ ~
Wet dock ~ ~ $500.00 ( $625.00
Dry trailer ~ 375.00 ~ 469.00
Shore mooring ~ 225.00 282.00
-
Winter storage only I 350.00 ~ 438.00
Overnight storage ~ 25.00 per 25.00 per
night ~ night
_ -
Resident ~ Nonresident
Seven-day motor (49 or more HP) 480.00 ' 600.00
Five-day motor (49 or more HP) ~ 240.00 ~ 300.00
Seven-day motor (under 49 HP) ~ 200.00 ~ 30.00
~--Five-day sailboat 100.00 125.00
Seven-day sailboat ~ 200.00 230.00
Seven-day jet ski ~ 480.00_ I 600.00
Five-day jet ski I _ 240.00 _300.00
(e) The fees for Flatirons Municipal Golf Course are:
(1) Per Round (Monday through Thursday): I
Category I Fee
Adult ~ Resident/Nonresident
9 holes $18.50
18 holes j 27.00
Child/Teen j
9 holes ~ 11.00
I S holes ~ 18.00
Student
9 holes -r 16.00
I S holes ~ 24.00
i Senior !
9 holes 15.00
18 holes ~ 23.00
(2) Per Round (Friday through Sunday and Holidays):
~ Category Fee
AGENY~A g`~E~ 1+~ PAGE ~ ~
~ Adult Resident/Nonresident
_ _ I _
9holes $20.00 J
~ 18 holes 32.00
ChildlTeen TT
9 holes ~ 13.00
18 holes 20.00
Student
~ 9 holes ~ 18.00
~ I S holes ~ 29.00
r r-
~ Senior
9 holes i 7.00
i 18 holes ~ 27.00
Regular fees apply Friday through Sunday and
~ Holidays October 1 S through April 14.
(3) Season Pass: Monday -Friday Unrestricted
r- ~
~ Category Monday-Friday ~ Unrestricted
_
Adult $640.00 ~ $960.00
Junior ~ 300.00 I 500.00
Senior 525.00 I 785.00*
Student ~ SS0.00 ~ 865.00
*Annual pass holders pay $3.00 for nine holes and $5.00 for
eighteen holes when passes are valid. All passes expire at the end
j of the calendar year in which they were purchased.
(4j 20/20 Value Pass:
Category Resident/Nonresident
Adult ~ $ 625.00
Student 625.00
i
r-
Junior 425.00
~ Family 1, 200.00
i
The 20/20 Value Pass gives the holder a twenty percent discount
on daily player fees, cart rental, range balls, and allows purchase
of all merchandise at twenty percent below original marked price.
The pass expires when the accumulated discounted value of the services and goods purchased
with the pass equals the purchase price (see prices above), or one year from the date of
purchase, whichever is first. If the value of the pass is not fully expended within that year, the
remaining balance maybe used for one additional year at regular rates.
(S) Junior and Student Punchcards:
Days - ~ _ Student ~ Juniors
- -
9 Holes Monday -Thursday 10 rounds ~ 10 rounds $
~1 X4.00 ~ 99.00
- - -T--- - -
18 Holes Monday - ~ 10 rounds 216.00 10 rounds 162.00
Thursday
9 Holes Friday -Sunday 10 rounds 162.00 ~ 10 rounds 117.00
18 Holes Friday -Sunday { 10 rounds 261.00 1 10 rounds 180.00
(f) The fees for parks and recreation special events are: The city manager may set different entry
fees for special events.
(g) For this section, a child is age three through twelve, a teen is age thirteen through eighteen,
a junior is eighteen years of age or less, a student is a person age nineteen through twenty-five
who has a valid student identification card from a recognized institution of higher education, an
adult is age nineteen through fafty-nine, and a senior is age sixty and older.
(h) The city manager may set different fees for parks and recreation special promotional pricing.
(i) The city manager may reduce the fees from time to time as market conditions warrant, and
may also raise them again, so long as the fee never exceeds that specified in this chapter. The
manager shall give notice offee reductions by filing a schedule of
fees with the city clerk, and
displaying the reduced fees on the city's website. Reductions shall be in effect as of the effective
date specified in the schedule. The manager shall give notice offee increases in the same
manner, but such increases shall not take effect until at least two weeks have passed since notice
was given.
(j) If the city manager decides to allow any category of annual pass to be paid for in monthly
installments ofone-twelfth of the total fee, the manager shall charge holders who elect to pay in
this way an additional fee totaling $45.00 per year ($3.75 per installment) to cover the increased
transactional costs to the city. If one person pays for several annual pass installments (whether
for one pass or for different passes within the same account) in a single transaction, only one
transaction fee shall be charged.
(k) For recreation center annual passes, the first adult member of the household pays full price;
all other family members pay half
price when passes are purchased at the same time.