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8B - 2009 Review of PRAB Handbook I 2009 Review of PRAB Handbook Based on comparison to online sources on January 25, 2009 by Joel Davidow Corrections (to fix typographical errors, formatting, or nomenclature errors) 1) Part One, 1, A on page 4: Section 202 should read Section 404 2) Part One, III, A, 4 on page 11: subsection d should read subsection f; part f should be stricken 3) Part Two, VI1,1, b on page 19: section L should read section N 4) Part Two, VII, M on page 19: chart columns should be reformatted to fit text better, 5) Part Three, fIl on page 41: Statutory Fees should read Codified Fees 6} Part Three, lil, 2 on page 41: section 21 should read section 41 Changes (items within PRAB purview) Part Two, VI, A on page 15, last sentence: recommend change from Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda for the next business meeting for further work, or to make another motion that actually spells out the request of the department. to Following initial discussion, PRAB should vote on a motion to dispose of the idea, or to include it on the agenda for the next business meeting for further work, or make the request of the department. Updates (to incorporate changes made outside of PRAB purview but included in the handbook) 1) Part Three, Ill, Boulder Reservoir boat fees on page 43 and 44: most fees have increased 2) Part Three, III, Golf Course season pass fees on page 45: some fees have increased 3) Part Three, Ill, Golf Course 20/20 value pass fees on page 45: most fees have increased AGENDA ITEM # V ~ ~ ,PAGE j s i CITY OF BOULDER ~ ~ ' PARKS AND RECREATION ADVISORY. BOARD HANDBOOK ' r Updated: January 2009 Presented: to PRAB for approval at the February 23, 2009 Board meeting _ 4 . AGENDA ITEM # ~I~ I"g , Pi4~~~ SCOPE .....................................................................................................................................................................:........................: ......3 RECOMMENDED READING 3 PART ONE: LEGAL CONTEXT 4 I. COLORADO REVLSED STATUTES 4 A. Open Meetings 4 II. CIiARTER OF TILE CrrY OF BOULDER, COLORADO 4 A. The People of Boulder and Colorado's Constltution 4 B. City Council S C. City Manager S - D. PRAB 6 III. CITY OF BOULDER REVISED COD~ 11 A. Boards and Commissions General Procedures 11 B. Parks and Recreation Advisory Board 11 PART TWO: DRAB RULES 12 I. BASIC PRINCIPLES 12 II. OFFtCERS ............................................................................................................................................................:........................ ..12 III. CONDLJCT .................................................................................................................................................................................... .12 IV. COMMUNICATIONS TO CITY COL".~iCll. 12 V. AGENDA FUR MONTHLY BUSINESS MEETINGS 13 A. Overview 13 B. Notes on Speck Agenda Item Categorles 13 C. Agenda Committee 14 D. The Parks and Recreation Department 14 VI. COMMON MODES OF PRAB OPERATIONS 14 A. PRAB Requests to the Department 14 B. PRAB Informal Discussion 1 S C. PR*1BAcrion IS VII. RULES OF MEETING PROCEDURE 15 A. Prior to a Meeting 1 S B. Meeting Time and Place 1 S C. Required Officers ......................................................................................................................................................................15 D. Duties of the Presiding Ojficer 16 E. Rights ojMembers 16 F. Appeal 16 G. Quorum 16 ff. Assignment of the Floor 17 I. Rules ojSpeaking 17 J. The Handling of a Main Motion 17 ~ Other Useful Motions 19 L. Improper Motions 19 M. Principal Rules Governing Motions.....: ..................................................................................................................................19 N. Voting ........................................................................................................................................................................................2 VIII. 01~~R MEETIIVGS 20 IX. PARLIAMENTARY PROCEDURE 20 X. AMENDMENT 20 XI. REVIEW 20 PART THREE: APPENDIX 21 I. BRC CODE OF CONDUCT 21 II. CrrY ATrURNEY'S MnxCII 30,2007 REPORT ENTITLED "SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD MEMBERS AND COMMISSIONERS 31 III. PARKS AND RECREATION CODIFIED FEES 41 AGENDA ITEM # III " ,PAGE SCOPE Part one is a summary of laws relevant to the Parks and Recreation Advisory Boazd (PRAB); it is not intended to be an authoritative source of the law and should be updated when laws change. Part one is intended to provide an overview of the most important legal information relating to PRAB and to provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney's Office regarding questions of legal interpretation. Note that DRAB members are bound by their oaths of office to support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder." Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one is not part of the taw. For Boulder's Charter and the Boulder Revised Code (BRC), the text was taken from http://www.colocode.comlboulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken on January 16, 2008). For the Colorado Revised Statutes, the text was taken from http://www2.michie.com/colorado/lpext.dll?f=templates&fii=fs-main.htm&2.0 on November 19, 2007. Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of Parliamentary Procedure (2001). These rules are incorporated inty the handbook and become effective upon an affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no further force or effect. Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review and update this document, but that work is to be done by PRAB. This document has been prepared with the assistance of the City of Boulder's Office of the City Attorney. RECOMMENDED READING PRAB members are advised to read and familiarize themselves with the following: Parks and Recreation 2006 Master Plan. Although it is not law, the Parks 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%20Council/Minutes/2006%20Minutes/12_ 19_06min.pdf. BRC 2-7 Code of Conduct. Included in part I of the appendix to this document. City Attorney's March 30,2007 Report entitled "Summary of Important Legal Responsibilities for Board Members and Commissioners" Included in part II of the appendix to ibis document. The Standard Code of Parliamentary Procedure (2001). ~C1EiVDA ~7E~ # , s~'fiGE PART ONE: LEGAL CONTEXT . ~ ' I. COLORADO REVISED STATUTES A. Open Meetings PRAB members are advised to read and .familiarize themselves with Title 24, Axticle 6, Part 4, Section 404 of the Colorado Revised :Statutes, which reads in part: - (2) (a) All meetings of two or more members of any state public body at tivhich any public business is discussed or at which any formal action may be taken are declared to be public meetings wpen~ to the public at all times. - (b).All meetings of a quorum or three or more. members of any Kcal public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the.public at all Times. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to. be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be - deemed to have given full'and timely notice if the notice~of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public bodysfirst'regularrneeting 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 u meeting during which ari ' 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 e~ctronic 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: _ . .~r-i~F, :~.~:.~t<;~R~,,~: AGENDA ITEN9 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 1. Specific duties of council . ~ The specific duties of council axe given in Article II section 12 of the city charter, which reads: The council.shall choose and appoint u city manager, a city attorney, a police magistrate,, and ctn 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 mane at least annually, and at such-other times as it may deem necessary, an audit of all financial accounts of the city. The council shall consider all recommendations and reports from time to time presented by the city manager, or by any of the advisory commissions or the departments of planning and parks, and shall accept or reject the same within thirty days from the date of filing thereof with the council. 2. Powers expressly•withheld from council . Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads: Except far 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 apprgpriate 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 Maaager 1. The city manager defined ~ • Boulder Revised Code 1-2-1(b} states: "City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized representative. 2. The city manager's role . . , ; AGENDA ITENt # Vl~~ I- ,PAGE f0 . The city maaager's rote. is given in Article V section.63 of the ,city charter, which reads, in part:.: The city manager shall be the chief executive'and admznistrativQ officer of the city. As such, the manager shall possess, have, and exercise all the executive and administrative powers vested in the city. 3: The city manager's powers and duties The city manager's powers and duties are given in Article V section 64 of the city charter. Subsection c of Article V section 64 reads: To exercise contrvl and supervision over all departments herein created, except as otherwise. in this charter provided; 4. The city manager and the department of parks and recreation T'he relationship between the department of pazks and recreation and the city manager as well as the functions of the department of parks and recreation aze 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 parlor 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 recreativn matters as are not provided for by (e) above. (e) May request advice on any park and recreation matter from the parks and recreafion advisory board. (Added by Ord. No. 2392 (19b1), ~ 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 frvm its organization, appoint the members thereof . t ` AGENDA 1TEtN # V'I ~ ~ ,PAGE i • Each of such commissions, including the library commission, shall be composed of five electors, . appointed by the council, not all of one sex, well known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions. When fast constituted, the _ council shall designate the terms for which each member is appointed so that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of f ve 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, atnd the affirmative vote of at least three members shall be necessary to authvrize~ 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, f 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 pr to appeal fvr. a decision in a failure to agree with another commission or the manager. ' ~ Wherever. there-shall be suitable accommodations in the city building, the ofirces 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-ofircio 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 ~ tx;s~.~:.-~~ /•1GENDA ITEM # ~II I' ,NAGS g PRAB term of office, removal, and vacancy are givren by Article XI, section 158 of the city charter, which reads: The term of each board member shall be five years, provided, however, that in appointing the original members of the board, the city council shall designate one member to serve until December 31, ,1961, two members to serve until December 31, 1962, one member to serve until December 31, 1963, two members to serve until December 31, 1964, and one member to serve . until December 31, 1965. The council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence. The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), ~ 1, adopted by electorate . on January 31, 1961.) 4. Organization and procedure of PRA.B' Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads: The board shall choose a chair and a secretary. The dire_ ctor of parks and recreation maybe . 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 ofat 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 a~rmative 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, 7961,) 5. Functions of PRAB Functions of PRAB are given by Article XI, section 160 of the city charter, which reads: The parks and recreation advisory board shall not perform any administrative functions unless expressly provided in this charter. The board: (a) Shall make recommendations to the council concerning the disposal of park lands pursuant to Section 162 of this charter. (b) Shall make recommendations to the council concerning any expenditure or appropriation .from the permanent park and recreation fund pursuant to Section 161 of this charter. ' ' ' ~ ' AGENDA ITEM F'AGE,~ i . (c) Shall make recommendations to the council concerning the grant or denial of any license or permit in yr on park lands, pursuant to Section 164 of this charter. (d) Shall review the city m'anager'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. May request information and recommendationsfrom 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 banding 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 paxk 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, petsonal, 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 nit be used for any purpose ot~er than the acquisition of park land or the permanent imprvv'ement 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 lie 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 -3`:~:~~~; , _ _ ~•r ~.r~s~,=~y<,;: AGENDA ITEM # VC I PAGE /D desigtultedshall be-returned t~ the generalfund. (Added by.Ord No.: X392 (1961), ~ 1, adopted ' by electorate on January 31, 1961.) . , - 7. Disposal of park properties ~ ~ - - ~ ' The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads: Park lands may be, disposed of by the city council, but only upon the aff rmative vote of at least . four members'of the parks and recreation advisory board. An advisory recommendation, which ' shall not be binding~gn the council, shall be obtained from the planning boardprior to the disposition or lease of park lands. (Added by Ord. No. 2392 (19.61), ~ 1; adopted by electorate . on January 31, 1961. Amended by Ord. No. 5574 (1993), ~ 1, adopted by electorate on November 2, 1993.) 8. Acquisition of park.Iand - The acquisition 'of park land is governed by Article ~I, 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 cvuncil 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 cvuncil. 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. 1Vo. 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 read: - - ~ . 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 ofat 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 apprvve 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. - . ~`,=`r?~i ;~f~p:r~.~~-~:~~ AGENDA ITEM # ~~B ,PAGE The term of any license or permit granted hereunder shall not exceed five years, and any such ~ - license or permit sa 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 BQLLDER REVISED CODE A. Boards and Commissions General Procedures ~ ' 1. Rules of meeting procedure - - - Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall: Conduct its meetings under Robert's -Rules Of Order, Newly Revised (1981), unless the board or commission adopts other rules of meeting procedure 2. Open meetings ~ ' Title 2, chapter 3; section 1, subsection b, part 5 states-the boards and cornmissioris 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 do opportunity for public comment at-the meeting - 3. Procedures Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to: Adopt rules interpreting its legislative duties under this code and establishing procedures in aid of its functions 4. Voting Title 2, chapter 3, section 1, subsection d 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 conjlict . 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. - - _ = ~ ~ ~ AGENDA ITEM # '~i f. , pAGE~ - PART TWO: PRAB RULES BASIC PRINCIPLES The basic principles of parliamentary procedure that PRAB shall strive to uphold: A'. Rules should facilitate the transaction of business and promote cooperation and harmony. B. All members are equal; officers only have additional duties. C. The majority vote decides. D. The rights of the minority must be protected.. . E. Full and free discussion of propositions presented for decision is a right of members; balanced with the chair's duty. to move thru the agenda in addressing time management issues. F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect. G. Meetings should be chazacterized 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 PRAB at its fast business meeting~following the annual City Council board appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fillJthe vacancy by majority vote. ~ The secretary shall be a staff member designated either by the city manager or the city manager's authorized representative. The secretary does not have authority to vote. III. CONDUCT PRAB members shall A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back . to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as representatives of PRAB but not as spokespersons for PRAB) B. cleazly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking in public forums other than PRAB meetings, including but not limited to city council meetings C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own interests as to that particular matter before city council D. conduct themselves. in all interactions with one another, city council, city staff, and the public in a professional and courteous manner E. make all reasonable efforts to avoid "surprise" by being proactive and open in all communications IV. COMMUNICATIONS TO CITY COUNCIL The complete text of any motion presented to City Council shall be in writing. PRAB may designate a PRAB member to present the motion to City Council during the period of public comment or, if requested by the City Council, the City Manager, or the Department, during the Council meeting. The _ PRAB member authorized to present the motion shall provide written copies of the motion to City Council and request to read the complete text of the motion to City Council. < E,F r'~4J+CCa~`.3FX AGENDA ITEM # ~ ,PAGE 3 ' 'V. AGENDA FOR MONTHLY BUSINESS MEETINGS • A. Overview The agenda is generally set by the department as most matters arise from the department for consideration by PR.AB 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/informatiori.' B. Notes on Specific Agenda Item Categories ` 1. Public Comment . Following public comments, the chair shall `recognize a representative of the Department, usually the Director, to provide the Department an. opportunity to respond directly to the public. 2. Items for'Action (a) Items for action are those items for which a motion and vote are anticipated. Usually, such items • should have been discussed at a previous PRAB meeting under `items for discussion/information'. Items on which the Department and/or Council requests P.RAB advice shall generally be presented initially under `items for discussion/information' and then at the following business meeting under `items for action.' (b) Items for action are usually preceded by a staff presentation regarding the item and the question or questions for which the staff is seeking the advice of PRAB. The staff presentation may be followed by questions from PRA.B. (c) Public hearings are discretionary for PRAB. However, in`tlie 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) PRA.B usually has a period of informal discussion following the close of the public hearing, which should result in a motion. (e) PR.AB then debates the motion. . (f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in the minutes. 3. Matters from the Department Matters from the Department may include a summary of upcoming work, events, and/or collaborative activities of which the staff would like PRAB to be aware. 4. Matters from Board Members Matters from Board members may include ideas regarding information or recommendations to request from the department, reports from individual .PRAB members on sub-committees or other PRA.B- ~ ` ` a4GENDA ITEIIA # UI I ~ ~ , hAGE related activities to which less than a quorum of PRAB has been assigned, or PRAB-related ' activities~which are not agenda items that an individual PRAB member wishes to bring to the attention of PRAB as a whole. C. Agenda Committee 1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda committee member by the PRAB member who can not attend. 2. The agenda committee usually meets on the Wednesday morning following the monthly PRAB meeting. 3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which reflects charter-mandated actions and. items on which the Department and/or Council requests PRA.B 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 pints of view. 5. The agenda committee determines how to present each item to PRAB, works to balance content with time, and allocates time for each item (times. assigned are guidelines to be monitored by the chair during the board meeting). D. The Parks and Recreation Department . 1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent documents for each DRAB meeting. PRAB materials should clearly articulate the subject or question on which PRAB's advice is sought, or the reason.why the matter is being brought to the attention of the PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to. the meeting, such as formulating any pertinent motion, discussion points, and questions. 2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and Recreation Department is requested to provide PRAB with objective information. When analyzing alternative courses of action; it is requested that the Department present and analyze a range of realistic alternatives, including those proposed by PRAB members and members of the public, and present the Department's preferred alternative. 3. The Parks and Recreation Department. distributes the packets to PRAB members, usually on the Wednesday prior to a Monday board meeting. 4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3- 1(b)(5). VI. COMMON MODES OF PRAB OPERA,TIUNS A. PRAB Requests to the Department _ _ _ _ : „r ; ; ~ ; r ~~t. AGENDA ITEM # ~II ' ,PAGE i . PRAB-may request information and recommendations from the department under Article XI; Section 160(f) via passing a motion that rnakes'that request. The usual process for making such a request is to introduce an idea during the `approval of agenda' portion of the meeting and then have an initial discussion of it under either the `matters for discussion/information' or `matters from board members' portion of the meeting. Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda for the next business meeting for further work, or to make the request of the department. B: PRAB Informal Discussion Items that a PRAB member wishes to discuss with PRAB should be raised by that member in,theform of a motion for informal consideration. If the motion carries, then an informal discussion can take-place .either under the `matters from board members' portion of the current meeting or under another portion of the current meeting as specified in the motion approved. An informal discussion is started by a motion but does not center on a motion, so the rules for handling motions and debate do not apply during the period of informal discussion. Following informal discussion, a PRAB member may make a motion to include the item for action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current meeting agenda is approved, then any PRAB member may make a motion on that item. C. PRAB Action PRAB takes action via a motion, debate on a motion, acid voting on a motion. If a PRAB nieinber wishes the board to take immediate action on an item, that member should raise the item during the `approval of agenda' portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated during the `items for action' portion of the current meeting. VII. RULES OF MEETING PROCEDURE A. Prior to a Meeting 1. PRAB members should review their meeting packets and come to the meeting prepared to address the agenda without undue delay. . 2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the PRAB member may address the question to the Department Director. If time permits,.staff may respond to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The inquiry and xesponse shall be reported at the PRAB meeting by the PRAB member who raised the question and the chair shall provide the Department ari 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 fn the City Council chambers; however, the time a_nd 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 o~eer, 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 _ _ AGENDA ITEM # ,PAGE PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB ' members present as chair pro tem and shall serve as the presiding officer. _ 2. Secretary _ - . In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members present. - D. Duties of the Presiding Officer The presiding officer shall: Determine the presence of a quorum - Call the meeting to order ' Move through the agenda while monitoring the time Ensure that all persons speaking during public participation have provided the appropriate written information to PRAB Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue State and put to vote all motions • Announce the result of each vote Enforce the rules relating to procedure and decorum Refuse to recognize dilatory or improper motions Announce the basis or reason for ruling any motion improper E. Rights of Members Members' rights include: Make motions Speak in debate on motions Vote - Require a retake of a voice vote of which the result is doubted by the member Make a.point of order to insist on the enforcement of the rules if the member notices a breach of the - rules that the presiding officer has not corrected Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on which a point of order can be made - F. Appeal Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any two ~,nembers can require him to submit a ruling to the vote of PRAB by moving and seconding an appeal immediately after the presiding officer has made a ruling. By one member making the appeal and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final decision. G. Quorum 1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159. 2. It is the duty of the presiding ofTicer to determine that a quorum is present before calling a meeting to order. An announcement is not required. AGENDA ITEM I~, , PAGE ~ _ _ 1 3. The only actions that can be taken in the absence of a quorum are: Fix a time, at which to adjourn Adjourn ~ . Recess - Take measures to obtain a quorum . H. Assignment of the Floor - 1. Before speaking, a member must claim the floor by raising their hand. The cliair 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 PR.AB to exceed that limit J. The Handling of a Main Motion - - l . 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 PR.AB for consideration. The seconder may speak and vote against the motion. If there is no second, the chair shall not recognize the motion. ' 3. Stating the motion . The chair formally places the motion before PRAB by~stating the exact motion and announcing it is open to debate. The chair may require any motion to be in writing before she or he states it. Note that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the chair has stated it; the motion can be withdrawn only by permission of PRAB. 4. Debate (a) The presiding officer can enter into the deba#e on the pending motion. ~ . ~ , ; gGENDA ITEM#~~, PAGE (b) The assignment of the floor in,section VI H above applies. (c) The speaker's position on the motion should be stated directly, such as "I support this motion because..." or "I oppose this motion because..." - (d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply: i. Members sliall confine remarks to the merits of the pending question =discussion that departs from the subject is out of order ~ • ii. Members shall refrain from attacking a member's motives iii.. Members shall not disturb PRAB during debate - iv. Members who are interested and informed on the subject may speak several times providing that members who have not already spoken are not seeking recognition. - v. Merely asking a question or making a brief suggestion is not considered a statement in debate. vi. After each member has had the opportunity to be,heard in each round of debate, the chair shall ask if there is any further discussion. If not, the motion is put to a vote. (e) Amendments i. An amendment must always be closely related to or have bearing upon the subject of the motion to be amended. No new subject. can be introduced under the pretext of an amendment but an amendment can be hostile to or defeat the spirit of the original motion. ii. Amendments may a) insert or add words. or paragraphs b) strike out words or paragraphs c) strike out and insert words d) substitute words, from one word to the entire text of the motion iii. Handling of amendments a) A member obtains the floor during debate on a motion b) The member moves to amend c) Another member seconds d) The presiding officer states the proposed amended form of the motion e) Debate on the amendment f) The presiding officer puts the amendment to a vote 5. Putting the motion to a vote ~ . . (a) The presiding officer asks "Is there any fiu~ther 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. - ; , ` ` AGENDA ITEM # ,PAGE (b) The presiding officer announces the form of the vote, in accordance with section N below. (c) The presiding officer calls for the affirmative vote . (d) The presiding officer calls for the negative vote (e) The presiding officer announces the result of the vote K. Other Useful Motions Motions other than main motions are available and members are encouraged to consult The Standard Code of Parliamentary Procedure (2001) for further information. Some of the more useful motions available are summarized in the table appearing in part II of the appendix. lJ. 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 DRAB. ' 3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated by the existing parliamentary situation or if it is absurd. in substance. M. Principal Rules Governing Motions The following chart is adopted from The Standard Code of Parliamentary Procedure (2001): precedent interrup cate o e motion t second vote Priviledge 1 Adorn no es ma~ori d 2 Recess no es ma~ori 3 Question of riviled a es no none Postpone temporarily majority, 213 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~ori 10 Main motion no es ma~ori 10 Amend a revious action no es ma~o~i Main 10 Rati no es ma~orit 10 Reconsider es es ma'ori 10 Rescind no es ma~ori 10 Resume consideration no es ma~ori 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 Parliamenta in ui es no none NA Withdraw a motion es no none ~ ' ~ ' - ~ AGENDA ITEM # Y ~ I ~ ~ ,PAGE ~O 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 park lands review of the budget recommendations on the budget 2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis of the roll as determined by the presiding officer subject to appeal. 3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section 159. 4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a show of hands. 5. If a PRAB member is present and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f). VIII. OTRER MEETINGS PRAB may fiold meetings other than the monthly business meeting. Such meetings shall be called by PRAB by a majority vote on a motion -the motion shall include the time and place of the meeting. Such meetings are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be study meetings with city staff, PRAB working meetings without staff, or other forms as needed. IX. PARLIAMENTARY PROCEDURE Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by "The Standard Code of Parliamentary Procedure (2001). X. AMENDMENT Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended by PRAB by an affirmative vote of four members. XI. REVIEW At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules, and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory quotations, should also be made by PRAB in cooperation with the City Attorney's Office at that time. ~GENDH fTEilli # ~l~l( ~~GE ~f I _ PART THREE: APPENDIX ~ ~ . I: BRC CODE OF CONDUCT Chapter 2-7: Code of Conduct 2-7-1 Purpose, Legislative Intent and Findings. ~ ' (~r) 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 pudic trust in the accountabiliry'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 cials and pu~ilic 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 qn 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 findsand determines that this chapter is necessary to proiect~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 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 off cial or public employee shall disclose any cvnf ict~ of interest and disqual ~ him or herself from participating in the rglevant action as provided in section 2-7-10, "Disclosure and Recusal Procedure,"B.R.C. 1981: 2-7-3 Use of Public Off ce or Confidential Information for Financial Gain. • ~ ~ ~ AGENDA ITEM # VIII' ,PAGE ZZ (a) Use Of Position For Gain Prohibited: No.city council member, employee, or appvintee to a ' city board, commission, taskforce or similar body shall use his or her public office or position for financial gain. ' (b) Use Of Confidential Information For Financial Gain Prohibited: 1Vo city council member, employee, or, appointee to a city board, commission, tgsk force or similar body shall use or disclose confidential information obtained as a result of holding his or her public office or position, to=obtain financial gain, whether for personal gain; gain for his or her relative; gain of any property or entity in which the off curl or employee has a substantial interest; or gain for any person or for any entity with whom the official or employee is negofiating for'or has any arrangement concerning prospective' employment. ' 2-7-4 Duty to Maintain the Confidentiality of Privileged Information. (a) Dury Of A Member Qf City Cduncil, Board; Commission, Task Force Or Similaz~ 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 perrztission of the council or similar body`that holds the privilege. The sanction for a member of the city council, board, commission, task force or similar body shall'be censure of the body, reached by a majority vote of the body, not including'the member charged with disclosing such confidential information. (b) Duty OfA City Employee: No city employee shall disclose privileged or conf dential information, obtained as a result of holding his or her public office or position, unless the employee has first received approval by the city manager acting upon the advice of the city attorney. 2-7-5 Gifts to Ufjicials and Employees. (a) Gifts Prohibited.• No city council member or appointee to a city board, commission, task force or similar body, or city employee, or relative of such employee or official shall accept anything of value including, without limitation, a gift, a favor, or a promise of future employment f (1) The official or employee is in a position to take ofrcial action with regard to the donor; or (2) The city has or is known to be likely to have a transactional, business, or regulatory. relationship with the donor. (b) Exceptions And Items Not Considered Gifts: The following shall not, be considered gifts for purposes of this section, and it shall not be a violation of this chapter for, a person to accept the same: (1) Campaign contributions as permitted.by law; . (2) An unsolicited, occasional non pecuniary gift of a maximum amount of $50.00 or less in value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All Goods, or its successor index; - - , : ~'t ~ ~ AGENDA ITEM # PAGE Z~J i . (3) A gift from a relative; - (4) An award, publicly presented, in recognition ofpublic service; (5) Reasonable expenses paid by other governments or. governmentally rebated 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 yalue,~ 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 spurting event. 2-7-b 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 off cials, shall report existing yr 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'per~on's responsibilities to the~city; within thirty days after accepting the same: An employee that has received permission from the city manager may engage in outside employment or ~ - outside business interests. (c) Disclosure. By City Council Members: Members of the city council shall report any change in their employment status that could give rise to a conflict of interest under this chapter. - (d) Activities That Occur After Termination Of Employment Or Office: No former official or employee shall seek or obtain employment concerning matters upon which he or she took off cial 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: 1Vo former official or employee shall appear before, yr 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 o~cial 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 - AGENDA ITEM PAGE i ~ r - . , appointment or vote. This prohibition shall not apply to persons who appear before the city in • their capacity as an elected oj~cial following termination of their office yr employment with. the Clty. . 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 bye the city any person who is his or her relative. In the event that an employee is concerned th. at the employee's decision to appoint, hire or. advocate the appointment or hiring by the city a person . who is the employee :r 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) T'he city may enter into transactions with companies, corporations or other business organizations that employ a relative of a city official or employee, provided that: (1) The official br employee does not participate in the decision making that leads to' hiring the comparry, 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 yr 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, taskforce 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 herselfpursuant 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, taskforce or similar body may appear or be afffiliated _ with a firm appearing concerning any transaction with the city under~the following circumstances: . ~ ; ; AGENDA ITEM # VIII ,PAGE i . (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 2-7-1 U, "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: 1Vo :city employee shall appear on behalf of or be employed by another persvn 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 u 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 con, fl'icts of interest between amity emplvyees 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 aff liated with a firm appearing on behalf of or employed by another person concerning any matter before the municipal court. (e) City Employees ~4nd Municipal Court: 1Vo city employee who is an attorney shall appear on behalf of or be employed by another person or be dffiliated with a firm that~appears on behalf of or is employed by another person concerning any matter before the municipal court. Anon- 2zttorney 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. 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 a~liated with a frrm appearing before the municipal court. 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 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 ~ "t~;•"~~-~= AGENDA ITEiVI # VIII I' ,PAGE defer. 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, 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 gvvei~nment 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, ar{d 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 (S) -If the person owns or leases real property within six hundred feet from a parcel ofproperry that is the subject of a transaction with the city upon which he or she must make a decision, and is not required to receive official notice of a quasi judicial action of the city. (Ordinance No. 7453 (2006)) 2=7-10 Disclosure and Recusal Procedure. (a) Disclosure And Recusal.• No person with a conflict of interest pursuant to subsection 2-7-- 2(a}, B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail to give written notice of the interest described in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the city manager as soon. as reasonably possible after the interest has arisen. However, no written notice . is required if such person discloses the conflict of interest on the record of a public meeting of . the city council or the city board, commission, task force or similar body of which the person is a member. The interested council member, employee, or appointee shall thereafter.• (1) Refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and (3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member. (b) Recusal By 1'he. 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 ' AGENDA ITEM # I((-- i . 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 yiolafion of thas 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) Canplaints Initiated By A Resident Or City Employee: A resident of the city or any city employee may initiate an investigation of any city council »:ember, employee, or appointee to a city board, commission; task force or similar body by frling 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 Tie City council: The city council tarry initiate an •investigation ~of any of its employees, and of any city council member or appointee to a city board, commission, task force or similar body if facts are alleged to the council that, if true, would constitute a violation of the provisions. of this chapter. (c) Investigation Of A Complaint.• :The city manager (for city employees) or the city council (for all others) shall request the city attorney to conduct an investigation regarding a violation of this chapter. The city-attorrrey may request that the city council appoint special counsel to investigate and prosecute ariy case that may cause the city attorney to have ~a conflict of interest or may cause are appearance of impropriety under the provisions of this chapter; or may violate any rule regarding professional responsibility. (d) Response To All Complaints Rer~uired: A public official br 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~nding that the complaint has no merit; -isfrivolous, 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 contractor sale is consummated contrary to the provisions of subsection2=7-2(a) B.RC. 1981; the city council may void the transaction.: - ' , - r•..t'•'t~r.`~ AGENDA ITEM# VI I" , i~AGE 2g . (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 wil Willy 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 (h) 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 Courtin 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.prosecutell. (f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council member, employee, or appointee to a city board, commission, task force or similar body obtained an advisory opinion pursuant to section 2-7-13; "Advisory Opinions and Outside Counsel Appointment, "B.R.C. 1981, and was acting in'accordance with the advice provided thereby. 2-7-13 Advisory Opinions and Outside Counsel Appointment. (a) City Attorney To Provide Advisory Opinions.' Any city council member, employee, or appointee to a city board, commission, task force or similar body may request an advisory opinion of the city attorney whenever a question arises as to the applicability of this chapter to a particular situation. The city attorney's advisory opinion may provide a specific defense from prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation, " B.R. C. 1981. = : , : AGENDA ITEM # VIII , PAGE 1 (b) Appointment Of Qutside Counsel: If a signif cant controversy arises under this chapter, the city attorney may appoint a neutral outside counsel to assist in resolving the issue. 2-7-14 Eacemptions From Chapter. Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board, commission, Task force ar 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 improveinenf district shall riot, in and of itself, constitute a conflict of int~rest•for a city council or improvement district advisory ' committee decision concerning the district. Z-7-1 S Definitions. "Affiliated with" means an employee, partner, agent, stockholder; joint venturer., or: corporate directvr of any business organization or a person who shares of ice 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 arty transaction with the city; (c) Has a substantial interest as an of rBate of a f rm with a substantial interest in any transaetion.with the city; (d) Has a substantial ~interert as an.aff Bate 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 off cer of an organization that has taken an off cial position on any transaction with the Glry; I.s 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. AGENDA lTENi PAGE ~D "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 tv 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 o~eial" 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. ~,~ENn~1 ~~'EM # ~~~i B ~ c'AGE ~ I LI. City Atforney's.March 30,2007 Report entitYed "Summary of Important Legal ResponsibiUtiesfnr Board Members and Commissioners Office of the D D D i • City Attorney r~.. ~ 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 1aws~that govern how you must conduct yourself as a Boulder board or commission appointee. These laws create rules to protect the public's trust in local government. But they are more than rules - these laws truly define the essentials of responsive and effective local governance. . . , ~ AGENDA ITEM # , PAGE ~2' 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<-•CO.nsttutional Rules for Quasi-Judicial Headings. ¦ Rules on Removal from Board or:~Commi~ssion-Positions. . . A~final caveat is necessary:: Tfiis report is meant as a brief summary of some very .complex issues. You should not treat a•his report as authoritative.lega advice that-is.binding upon the city. I~f you have additional. questions; please f~eel•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:Ih ~ ~ - cc: City Council Frank W. Bruno, City Manager . - . - - . : ~ ~a:z~~r-~~: AGENDA ITEM PAGE ~J3 9 1. The Basics of Colorado "Home Rule" Government. "The powerful corporate interests engaged in the exploitation of municipal franchises are securely entrenched behind a series of constitutional and legal checks on the majority which makes it extremely difficult for public opinion to exercise any effective . control over them."1 Between the Civil War and the early twentieth century, municipal governments were considered "creatures" of the state. Cities had only those few and limited powers that were granted by state legislation. During the same period, the Fourteenth Amendment - which was intended to assure Constitutional protection for freed slaves - was interpreted to extend a wide array of rights to corporations. It is perhaps not coincidental that several leading jurists of the day (and the leading municipal law scholar) were former railroad corporation lawyers.2 • Powerful railroads and weak cities lead to widespread legislative corruption. In an attempt to control cutthroat and monopolistic railroad business practices, Colorado established a Railroad Commissioner in 1885. The legislature promptly failed to fund the office, and it was abolished in 1893. A three member Railroad Commission (the precursor to today's Public Utilities Commission) was established in 1907, but didn't begin its work until 1910 as a result of extensive railroad litigation.3 Finally, in 1904, Colorado dramatically changed the balance of power between cities and the state by giving the City of Denver "home rule" authority. Home rule powers are developed by and founded upon the will of municipal voters. The voters organize their municipal corporation around a "charter" which describes and limits the powers of the city government. Rather than being a "creature" of the state, a home rule city's power over "Local affairs" is paramount to state law. Boulder adopted its first charter in 1917. Today, Colorado home rule cities remain vigilant to protect home rule power from intrusion by the state legislature. Areas such as zoning, control of streets and wildlife, and public finance face regular 1 J.' Allen Smith, LL.B., P?7.~., The Spirit of American Government, p.289 (1911); The Chautauqua Press, Chautauqua, New York. a In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F. Dillon authored "Dillon's Rule." This rule held that cities have only those powers expressly granted by the state or necessarily implied as essential to the purposes declared by the state. 3 The CoPUC website has a nicely done history at http://www.dora.state.co.us/puc/about/AboutHistory.htm AGENDA lTEPN # ~ ~ ~~~E~. 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 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 far any action of the Parks and Recreation Advisory Board to dispose of park land or to appropriate funds from the Permanent Parks and Recreation Fund. If members are absent, it may be necessary to re-hear a matter so that it is possible for the entire board or commission to vote. This makes it particularly critical that board and commission members attend every meeting if possible, in order to give applicants a fair opportunity for a timely decision. Board members and commissioners are not permitted to abstain from voting. An "abstention" is a refusal to vote, despite being present and qualified to do so. Section 2-3-1(f), B.R.C. 1981 states that if a member is present but refuses to vote, the member's vote: "Shall be recorded in the affirmative." The only exceptions are approval of minutes of a meeting that the member did not attend or if`the member was excused under Chapter 2-7-2 "Conflicts of Interest Prohibited," B.R.C.1981, or on consideration of such member's conduct in the business of the board or commission. The general provisions of the code, reflecting Section 130 of the Charter, provide for election of officers of each board and commission by the board or commission, minutes and summaries, taping of meetings, application of Robert's Rules of Order, Newly Revised (1990), unless the board or commission adopts otYier rules of the procedure. 4 We cite references to the Bo~~lder Revised Code as "B.R.C. 1981" which signifies that last major revision and reorganization of the code back in 1981. A searchable version of the code is available online at http://www.bouldercolorado.gov/index.php?option=com content&task=view&id=3 30&Itemid=204 ~3GEiVDA 17~b1h ~ ~ ~~G~ ~ ~ 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 . • "transaction's" .in which an official or employee might- have ~ "substantial interest." A-"substantial interest" means": a situation, including, without limitation, a financial " Make in the outcome of a decision in which, considering all of the circumstance, would tend`to influence the decision of-a reasonable person faced with making the~same decision." Section 2-7=15; B.R.C. 1981. • Although the rule creates an objective-.standard ("reasonable person"), there is no set dollaz 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. fihis means that board members or commissioners are required to disclose personal financial information wYien~a conflict issue arises. This can include - sources of income,- investments, real. estate interests, debts, and' loans. While this kind of~disciosure is admittedly intrusive, it is necessary for legal advice and required by the municipal code. When a conflict exists, the board or commission member must "disclose and recuse." This is the process of publicly declaring the nature of the conflict and refraining from voting or otherwise participating in the decision making process in any manner.- The process of public disclosure may be uncomfortable for some people, but it is required because it provides explicit reassurance to the"community .that corrupting-influences are not at work. The actual code describes the "disclose and recuse" :rules as follows: "a) Disclosure and Recusal: No person with a conflict of interest shall fail to give written notice of the interest described'in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the-.city manager ~as soon as reasonably - • 5 The city is "exempt from the requirements of the recently-approved initiative known as "Amendment 41," which would be codified in a new Article XXIX of the Colorado Constitution. Section 7 of Amendment 4l states: "The requirements of this article sha1T 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. " _ _ , ~ i AGENDA ITEM # VI , PAGE 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 wh°ich the person is a member. The interested .couricilmember, 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 l {3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member." Section 2-7- 10(a), B.R.C. 1981. If a board or commission member is unsure about whether or not a conflict of interest exists, the board or commission member is entitled to consult with a member of the City Attorney's Office and to request an advisory opinion on the conflict of interest rules to a particular situation. Section 2-7-13, B.R.C. 1981. Complying with the City Attorney's advice ,provides a defense-from prosecution for violation of the code. :Section 2-7-12(f), B.R.C. 1981. . The city's conflict of interest law also provides non-binding ethical guidelines to address, the appearance of .impropriety that could arise in some situations. While violation of these rules is not a crime, the public's trust can be undermined if these principals are not upheld., Specifically, the code calls for voluntary recusal in the following situations: "(1) If the person is an employee of a state or federal government entity with a substantial interest in any transaction with the city; (2) If the person has a close friend with a substantial interest in any transaction with the city, and the councilmember, appointee, or employee believes that the:. friendship .would prevent such person from acting impartially with regard to the particular transaction; (3) If~the person has an interest in any transaction with the city that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the city councilmember, employee, or appointee to a city board, or commission; {4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or - ~ AGENDA ITEM # , PAGE M . (5)- If the person owns or leases real propert~i within six hundred linear feet from a parcel of property that is the subject of a t'rans'action with the city upon which he or she must make a decision, and is not required to zeceive '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 s.kepti:ca].. 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 th.e legendary smokeLfilled 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 a.re well beyond the scope of this report. Public decisions help make sure that the voters have a clear and accurate view of the actions and values of their local elected and appointed officials. The voters cannot be-expected to make wise decisions on Election Day if they cannot fully evaluate the skills and values of their elected representatives. Thus, secret decisions fundamentally undermine the democratic process. These laws also protect the public's ability to participate meaningfully i,n governmen-t 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, Not].ee.. of Meet~,ngs is Required Section 2-3-1(b}(~), 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 df the meeting agenda in the 6 While the rules discussed in this report are designed to protect the public's ability to trust local government, it .,s important to recognize that skept.icisuY about government is not necessarily ari indicator of - failure. Indeed, skepticism should be respected as it i.s°a measure of the public's engagesaent 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. i a ~s.~;t;.:,~ , AGENDA ITEM # Y~, PAGE - lobby of the Municipal $uilcling 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. cdnsistent 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 tithe and discuss public - business, notice must be given of such meeting, and the meeting must be open to the public. If 'a chance meeting occurs, such as at a social event, the members of the board or commission must not discuss public business. One-on-one communication about public business between members of a board or commission is permitted: • - It is important to recognize that a mee-ting of three or more- members=~inay not necessarily have to happen in the same.ti:~e and place, In other words, a face-to-face meeting is only one way for potentially unlawful action to occur.- "Serial" meetings iri 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 Hearin s. The Constitution requires certain city decision-making processes to follow court-like procedures. These procedures assure a fair and, thoughtful decision that protects the individual rights-involved. The . procedures also assure that affected persons have notice~of the potential action and .an opportunity to be heard before the decision is made.- These are called "quasi-judicial" hearings. A quasi-judicial hearing calls for a determination of facts based upon evidence presented during a hearing. Chapter 1-3, "Quasi- Judicial Hearings," B.R.C. 1981, specifies all of the details of handling procedural and evidentiary issues at such hearings. Special notice requirements apply, and particular notice requirements are imposed for certain matters, such as land use and liquor license proceedings. Quasi- judicial hearings may give rise to an appeal to district court. . - . ~„f_s ~ ~ i,i sF.i~~-•~. AGENDA ITEM ,PAGE ~ 1 Board members and commissioners should be aware that the city's quasi-judicial procedures include the following requirements:, ¦ ~Specifi~c, mandatory, rules fir advance riotice~ by mail. or publication; Testimony must be taken under oath or by affirmation; ¦ Oral and documentary evidence are allowed; ¦ Cross-.examination is ailowed~if requested; ¦ Some evidentiary rules (although. less stringent than those used in court); and ¦ Written findings of fact and conclusions of law. No Ex Parts 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 wa~.by the board or commission. The City Attorney's Office recommends that board and commission members avoid all such ex parts discussions outside of .the hearing in order to avoid problems of disclosure under Section, 1-3-6 ("Ex Parts Contacts,") B.R.C. 1981. In the alternative, whenever an ex parts contact cannot be avoided, we recommend that careful notes be kept of'any communications so that they can be disclosed in detail. We also advise that such disclosure be made whether or not the board or commission member intends to actually rely upon the communication, so that nb 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. " ~ - ' '~i ~ AGENDA ITEM # It 1~I'~ , PAGE ~ O The Charier 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,~•~nd 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 withr~ut 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 unexcusecl period of absence in excess of three regularly scheduled meetings can result iri 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. - ' 0000.0 Y . - . r ~ u.;;.,.a~;.~w,~. AGENDA ITEM # V III ^ , PAGE / f V • . III. Parks and Recreation Codified 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 tie 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 41 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 $6.25 Teen 4.00 Child 3.50 Senior 4. SO (2) Annual Pass: Category Resident Nonresident adult $490.OQ $61 S>00 Teen 225.00 285.00 Child 195: DO 245.00 Senior 305.00 385.00 (3) Ten Admission Pass: ~ ~ AGENDA ITEM # VIII- ,PAGE U Z Category Resident Nonresident Adult $56.00 $58.OU Teen 37.00 38.00 Child 31.00 32.00 , Senior 41. SO 42. SO (4) Twenty Admission Pass: Category Resident Nonresident Adult $106.00 $111.00 Teen 69.00 ~ 72.00 Child 58.00 61.00 Senior 78.00 81:00 (S) Forty Admission Pass: Category Resident Nonresident Ad:clt ,200.00 $214.00 Teen 128.00 138.00 Child 110.00 118.00 Senior 146.00 156.00 (6) Climbing Wall: Resident Nonresident Groups (minimum of ~ 60.00/hour $ 75.00/hour eight and maximum o ten participants) (7) Childcare: Type Resident/Nonresident Drop-in $6. SO for 1. S hours of service per child 3. SO for each additional child for 1. S hours of service (8) Childcare Punch Carols: No. Visits Resident/Noi:resident Ten visits $ 58. SO for ftrst 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, ~:"'r =t~-= AGENDA ITEM ,PAGE ~I ~J i . 140.,00 for, each additional child (b) The fees for admission to the Spruce and Scott Carpenter pools-are: Outdovr Pool Daily: Category Resident/Nonresident Adult $b. 00 Teen ~ 3. SO Child 3, 00 Senior 4.00 (c) The fees for season pass allowing admission to the Boulder Reservoir, Scott Carpenter Pool, and the Spruce Pvol are: Oritdoor Agr~atic Facility Season Passes (Splash Pass): Season Pass Resident Nonresident Child $ 60.00 $ 7S. DO Teen 80.00 100. DO Adult 120.00 ZS0.00 Senivr 80. DO 100.00 Family 240.00 300.00 The "Splash Pass"provides admission to all three outdoor aquatic facilities: Boulder Reservoir, Scott Carpenter Parr and Spruce Pool. (d) The fees. for admission to' Boulder Reservoir are: (1) Gate Admission only: Category Fee Adult $6.00 Child 3.00 Teen 4.00 Senior 4.00 (2) Boat (includes gate admission for two adults): Duration Fee Daily (Monday through Friday, teo holidays): Resident/Nonresident Sailboat $45.00 Jet ski and powerboat 6S. 00 Boat (under 49 HP) 4S. 00 . Daily (weekends and holidays): ~ Resident Nonresident Sailboat $3S: 00 $S0. DO - , , .-G ~ , , ' AGENDA lTEM # ~~II PAGE-~ - Resident Nonresident Season Boat: Wet dock $525.00 $660.00 Dry trailer 39S.OU 490.00 Shore mooring ~ 235:00 295.00 Winter storage only 370:00 460.00 Overnight storage 30.00 per night 30.00 per night • Resident Nonresident Seven-day motor (49 or more HP) ~ 500.00 625.00 Five-day motor (49 or more HP) 255.00. 315.00 Seven-day motor (under.49 HP) ~ 210:00 265.00 Five=day sailboat 105.00 130.00 Seven-day sailboat 210.00 265. UU Seven-day jet ski 480.00 600.00 Five-day jet ski 240.00 300.00 (e) The fees for Flatirons Municipal Golf Course are: (1) Per Round (Monday through Thursday): Category Fee Adult Resident/Nonresident 9 holes `~$T8.50 18 holes 27.00. Child/Teen 9 holes 11.00 18 holes 1$..00 Student 9 holes 16.00 18 holes 24.00 Senior 9 holes 1 S. 00 18 holes 23.00 (2) Per Round (Friday through Sunday and Holidays): Category Fee . - - i ; <j<<;:~~,;;,•, AGENDA JTEM # V'WI-B ,PAGE i. Adult Resident/Nonresident 9 holes - $20. DO I8 holes 32.00 Cliil ~dlTeen 9 holes ~ 13.00 - 18 holes 20.00 Student= . 9 holes 18.00 ' 18 holes' 29:00. Senior 9 holes 17.00 18 hales 27.00 Regular fees apply Friday through Sunday and - holidays October 1 S through Apri114. (3) Season Pass: Monday -Friday U..nrestricted ' Category ~ Monday-Friday Unrestricted Adult $675.00 $960.00 Junior 300.00 500.00 Senior. 550:00 785.00 Student 550. DO 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 of the calendar year in•which they were purchased. (4) 20/20 Yalue Pass: Category Resident/1Yonresident Adult $ 650.00 Student 650.00 Junior - 450.00 Family 1, 200.00 The 20/20 Value Pass gives the holder a twenty percent discount on daily player fees, cart rental, range balls, and allotiDs purchase of all merchandise at twenty percent below original marked price. -The pass expires when the accumulated discounted value of the services and gv~ds 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 may be used for one additional year at regular rates. . , , AGENDA ITEM # o PAGE (S) Junior and Student Punchcards: ' Days Student Juniors . 9 Holes Monday -Thursday 10 rounds $144.00 10 rounds $ 99.00 18 Holes Monday- Thursday 10 rounds 216.00 .10 rounds 162.00 9 Holes Fr"iday -Sunday 10 rounds 162.00 10 rounds 117:00 18 Doles Friday =Sunday l0 rounds 2G1. DD 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. 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 identifrcation card from a recognized institution of higher education, an adult is age nineteen through fifty-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 of fee reductions by filing a schedule offees 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~of fee 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 of one-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 d~erent 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 ofthe household pays full price; all other family members pay half price when passes are purchased at the same time. . - ;>;r`: ~ ,~~,,~~~'-'r:~ -r~ AGENDA ITEM # ~ PAGE "1