HomeMy WebLinkAbout2 - Welcome new WRAB members, elections of WRAB officers and review of WRAB bylaws, rules and principles
CITYOFBOULDER
WATER RESOURCES ADVISORY BOARD
AGENDA ITEM
MEETING DATE: April 20, 2009
AGENDA TITLE: Welcome new WRAB member, election of WRAB officers, and
review of WRAB bylaws, rules and principles
iZh;SENTER/S: Ned Williams, Director of Public Works for Utilities
EXECUTIVE SUMMARY:
With the appointment of Chuck Howe, our new board member, several activities must be
completed at the beginning of the April 20, 2009 WRAB meeting:
0 nomination and election of new board officers, including chair, vice-chair, and secretary;
and
e v. --w of bylaws for changes or revisions; and
• discussion, if needed, about items in the Board and Commission Orientation packet,
summarized below, such as:
o Code of Conduct
o Public Meetings and e-mail
o Board interaction with council and staff
o WRAB's responsibilities
o WRAB bylaws (Attachment A)
Matters requiring immediate WRAB attention and resolution are listed at the end of the memo.
The memo is designed to ensure compliance with the rules, to clarify perennially-discussed rules
in order to bring existing WRAB members on the same page with the newly-appointed member,
and to increase efficiency in meetings. It is not meant to be a comprehensive treatment of the
rules, which can be found throughout the Boulder Revised Code.
GENERAL PROVISIONS - ALL BOARDS & COMMISSIONS
[The following provisions are excerpted as particularly topical for WRAB.]
Boulder's Code of"Conduct, B.R.C. § 2-3-1
(a) The city council:
(2) May remove any member by majority vote for contlict of interest violation
Coyle of'Conduct, B.R.C. 2-7-1 through 2-7-15
AGENDA ITEM it 2 PAGE I
City staff and members of the city's boards and commissions are governed by the
provisions of the city's Code of Conduct. The purpose of this part of the code is to
protect the integrity of city government by prohibiting public officials from acting on
matters in which they have conflicts of interest and to establish guidelines that
encourage them to avoid any appearance of impropriety.
Conflicts of Interest
• No public official is allowed to make or participate in any official action in
which he or she knows (or has reason to know) that he or she has a conflict
of interest.
• Public officials must disclose any conflict of interest and disqualify
themselves from participating in actions in which they have conflicts.
• De Finition: includes siwations in which a member of a city board,
commission, task force or city employee with a substantial interest - usually
directly economic - in any city transaction.
The web link below in Section 2-7-15 lists other specific conditions considered "conflicts
of interest if one of the listed conditions exists, aboard member is required to remove
Lim or herself from the decision-making process.
Appearance of Impropriety
C! -sely relate a to Confli-±-cf Inter:,s, The code ask:- bow-d n omb.ers to eonsicler
-Ie;r-oving tbeiAiselves from dec.isicr or matters wl-n circumstances sc,gges s there
might be an -)pearance of imp? op~.t t)- Hi7we ieif-removal is disc retina,-)
Such circuinsLa,ices are listed at the weo link below in Section 2-7-9 and mcbide being L.:,
employee of a state or federal government entity with ubs+antial interest in any
city transactio,i.l
Recusal, B.R.C. § 2-7-10
There is a formal procedure that a board member should use when he or she feels that
there is a conflict of interest or that there would be an appearance of impropriety if he
or she participated in a particular decision. The board member should either:
• Provide written notice of the conflict;
• Or disclose the conflict of interest on the record of a public meeting2
Additional required procedures are listed in Section 2-7-10 under the web link below.
Conflicts and Outside Employrpent, B.R C. § 2-7-6
• Obligation to report existing or proposed outside employment or business
interests that may affect responsibilities to the city
• No official action with respect to a former employer for at least six months
after they leave the job in which they worked for that employer
if there is a non-economic "substantial interest," (e.g. a personal relationship) the official should assess whether he
or she thinks participation would be fair, according to the city attorney. Boards and Commissions Secretary
Training, Boulder, Colorado (March 11, 2009).
2 There is no requirement for stating the basis of the conflict, according to the city attorney. Boards and
Commissions Secretary Training, Boulder, Colorado (March 11, 2009).
AGENDA ITEM # 2 PAGE 2
o Notice must be in writing to council
• Obligation to report any changes of employment or changes to outside
business interests that may affect responsibilities to the city within thirty
days after accepting new .job or business opportunity
Limitations on the Participation of Former Officials
• No former official may appear before, or participate in, the proceedings of a
city board on which he or she was a member concerning any matter on which
they took official action during their service, for twelve months following
termination of office or employment. However, this limitation may he
waived by council by appointment or vote.
Prohibition on Representing Others Belbre the City of Boulder
• Board members are prohibited from representing others in front of the
board on which they serve or before council.
Safe Harbor, B.R.C. § 2-7-13
Allows a board member to request an advisory opinion from the city attorney on the
application of the Code of Conduct to a particular situation. If a board member acts in
accordance with the advice from the city attorney, that individual will have a defense to
T a criminal charge of violating the Code of Conduct.
w'ihe city's complete Code of Conduct can be found at the following link:
4ttp://www.colocode.com/boulder2/chapter2-7.htm.
Minutes
(b) Each city board or commission shall:
(2) Keep minutes of its meetings and records of its transactions, which are publicly
available
Action minutes
Since transitioning to digital recording of meetings, WRAB and other boards have
adopted an "action minute" format designed to provide council a concise summary
(i.e. maximum five pages unless justified by lengthier agendas) of meetings in checklist
form. The public can access the recordings on WRAB's website for fu'.'. detail of any
given agenda item. Public Comment and Matters from Staff are the only sections in the
minutes with more verbatim treatment and attribution for individual speakers.
The city manager has mandated that all boards and commissions must provide the city
manager's office a meeting summary following a board meeting. The minutes are then
forwarded to city council for the next Weekly Information Packet.
AGENDA ITEM it 2 PAGE 3
Public Meetings and Open Records
(6) Unless otherwise provided by law, conduct all quasi-judicial hearings under the
procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981....
Open Meetings Law
The Open Meetings Law requires that all meetings of public bodies be open to the
public.
"Meetings" are defined as "any kind of gathering convened to discuss public
bT..ismess, in person, by telephone, electronically, or by other means of
communication." C.R.S. § 24-6-402(1)(b). Whenever three or more members (or a
quorum, if fewer than three) of the "local public body" convene and discuss public
business (i.e. any proposed policy, position, resolution, rule, regulation or formal action),
the gathering is a "meeting" open to the public.
Notille
• Public entitled to "full and timely not-ice" of any upcoming meeting
• Notice in a designated public place at least twenty-four hours before the
meeting
Public_h'fectings a-(.d. E-mail
• OK if two n omoers or it-wer ria gi:•arura) er.gak co:i~ui zni<;, tior_
over public business
• Not OK if three members or m,.)re ,quorum) engage in e-mail
communieat~on over public business without notice which is currently
technically infeasible
• To avoid violation of the Open Meetings Law when communicating with
only one other board member, always prominently post a request within
the e-mail to not forward the mail to any other person. Otherwise, forward
all mail through board secretary to avoid circulation and "dialogue."
Colorado Open Records Act
• Requires most documents generated during the course of the governmental
process be made available for public inspection if requested
• E-mail communication included unless unrelated to public business or legally
confidential.
o If used to discuss pending legislation or other public business, e-mail is
subject to state law. C.R.S. § 24-•6-402(2)(d)(III).
• E-mails involving public business exchanged between board members over
private email networks not exempt from Open Records Act
AGENDA ITEM # 2 PAGE 4
Special Meetings
(d) Unless otherwise provided by law, each city board or commission is authorized to:
1) Hold special meetings at any time upon the call of a quorum and after at least
twenty-four hours' notice to members and as much public notice as is
practicable under the circumstances, .
BJ -Laws
(d) Unless otherwise provided by law, each city board or commission is authorized to:
(2) Adopt rules interpreting its legislative duties under this code and establishing
procedures in aid of its functions;
See Attachment A, "Water Resources Advisory Board Bylaws."
Bating-
Tf) If a member of a city board or commission is present at a meeting and refuses to vote,
the member's vote shall be recorded in the affirmative. No member is excused from
~-i,ting except on approving minutes of a meeting that the member did not attend or on a
matter creating a conflict of interest under chapter 2-7, "Code of Conduct," B.R.C. (supra), or
on consideration of such member's conduct in the business of the board or commission.
For a link- to the complete General Provisions for boards and commissions:
http://www.colocodc.com/boulder2/chapter2-3.htm.
AGENDA ITEM 9 2 PAGE 5
OTHER GUIDING PRINCIPLES - ALL BOARDS AND COMMISSIONS
Interaction with city council and city staff
Council realized a need to articulate some basic principles to guide interaction among boards and
commissions, staff and council and created these guidelines in response to that need:
Council
• Council establishes city policies; the role of boards and commissions is advisory
to council except in limited circumstances (often charter-based).
• Council sees the boards and commissions as the first step for gathering
community feedback on difficult and controversial issues as a means for
creating viable policy options
• Council issues all policy expressions on national, international, statewide and
county matters; boards and commissions may only suggest that council take up
such policy matters and not independently issue them
• Council members should not discuss any quasi-judicial issues coming before
boards and commissions; for non-quasi-judiciai-matters; Council may discuss a
point-of-view with board members but should clarify that the perspective may not
represent Council's position as a whole
• Board and commission members wishing to explain or advocate positions to
X(f!Jpcil should idvntif;- themselvPS as board wti 'oc:rs and clarify whether they
a r,_ speaking ! ar :personal position or on behalf of the board's minority 4w
n: aj srity positioi-J.
• Vv hen members of a board or commission disagree about a given issue or
policy, Council expects to be apprised of the disagreements and reascning
underlying; the various perspectives.3
The city clerk recommended reporting the reasons for all minority decisions, but noted that they are only required
if subject to council call-ups. Boards and Commissions Secretary Training, Boulder, Colorado (March 11, 2009),
AGENDA 1TEIb7 # 2 PAGE 6
Cite Staff
• Staff takes direction from the city manager, except as authorized by the Charter.
Boards may request research or other work of staff, but if the work requires
more than what staff deems is reasonably necessary, the board, supported by a
relevant majority of members at a meeting, must make a direct request of
council.
• City staff is ultimately responsible for supporting council. Council expects staff
to provide the best professional judgment on issues and policies, whether or not
boards agree with those professional judgments. Staff should inform council
when d board disagrees with the staff's position, and when possible, explain the
basis of that disagreement.
• When several boards and commissions review elements of a given proposal or
issue, staff reports to council should reflect the perspectives of all reviewing
boards and commissions.
For more information on general Boards and Commission issues, please see:
http:/ v.,uw.bouldercalorado.govfindex.nhp?option=cotn_(;ontentR task=vieNv&id=169&Itemid=
'C9. n.
GENERAL PROVISIONS - WRAB
T his sW n clarifies VRAB's responsibilities as stated in:
'44--"1'10f~sources AdMsory Board, B.R.C. § 2-3-15.
to t City of Boulder Water Resources Advisory Board consists of five members
"~-)(Anted by city council for five year terms.
rb) "Ne responsibilities of the board are:
(1) To review all enviromnental assessments and capital improvements conducted or
proposed by the utilities division.
(2) To review, monitor, and propose changes to the city's raw water, treated water,
wastewater and flood control master plans.
(3) To review and provide recommendations to the city manager concerning policy
issues on operating programs, including, without limitation, water conservation,
water treatment plant residuals, wastewater treatment plant biosolids disposal, and
water quality.
(c) The board shall not involve itself in any review under the land use regulation, Title 9,
"Land Use Code," B.R.C. 1981, unless its opinion is requested by the city council.
(d) Prior to making any recommendation, the board shall hold a public hearing.
(e) The board is not authorized to issue subpoenas.
REQUESTED ACTION FROM W RAB
Election of Board Officers
WRAB needs to elect a Chair, Vice Chair and Secretary. All remaining members shall
serve as Assistant Secretaries.
Minutes - Weekly Information Packet (WIP) Timing
Currently, WRAB waits until the subsequent meeting to finalize minutes from the
previous month in order to garner input from all board members. After final approval by
AGENDA ITEM 4 2 PAGE 7
the board, the minutes are sent to the city manager's office for distribution to the city
council. Does the board want to consider another schedule or process?
Review of Bylaws
WRAB should review its bylaws and suggest any modifications. The most recent version,
from April 21, 2008, is attached to this memo as Attachment A.
Other- Paperless Packet Production
The Transportation Advisory Board and other boards have recently gone paperless in
packet production, saving costs on delivery and printing and ensuring more timely packet
delivery. WRAB should vote on whether it would like to go paperless and receive packet
materials via PDF postings on the website one week in advance of board meetings. The
board secretary would continue to provide 2-3 hard copies of packets (including
oversized documents) at all meetings and would provide electronic Word versions of any
documents upon request.
Adachn►cnts:
A - Water Resources .Advisory Board Bylaws
AGENDA ITEM # 2 PAGE 8
Attachment A
BYLAWS
CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
ARTICLE I
GENEI~AL MATTERS
Section 1.1 Board Composition. Members of the Board shall be comprised of the five (5)
members appointed by the City Council pursuant to the City Charter and applicable ordinance.
Section 1.2 Board Officers. The members of the Board shall have officers elected from its
members. The officers shall consist of Chair, Vice Chair, and a Secretary. Remaining Board
members shall serve as Assistant Secretaries. Recording secretary shall be a City employee, but shall
anot be considered a Board officer.
Section 13 Board Elections. The officers shall be elected by the Board at its first regular
ineeting after annual appointments have been made by the City Council. Terms of office shall be for
one year or until replacements have been qualified. If, at any time an officer of the Board resigns, or
by reason of disability becomes unable to serve as an officer of the Board, then the vacancy caused
thereby. s`:~~_ll be filled by a majorit} vote of the remaining Board members. Any vacancy
appointzr? Ont. shall be for the remainder of the unexpired term.
Section 1.4 Board Responsibilities. The Board shall exercise those functions specified by
City Charter, and applicable ordinances. Specifically included responsibilities include advising the
City Manager, Planning Board, and City Council on the following utilities matters:
1. To review all city utilities environmental assessments and capital improvements.
2. To review, monitor and propose changes to the city's raw water, treated water,
wastewater, and flood control master plans.
3. To review and provide recommendations to the city manager concerning policy
issues on operating programs, including without limitation water conservation, water
treatment plant residuals, wastewater treatment plant biosolids disposal, and water
quality.
Section 1.5 Regular Board Meetings. Regular meetings of the Board shall be held at such
time and date as determined by the majority of the Board at a location as the Board shall from time to
time designate. The Board has scheduled regular meetings at 7:00 pm on the third Monday of each
month, at a location to be duly noticed.
Section 1.6 Special Board Meetings. Special meetings of the Board may be called by any
member of the Board by informing the other members and Utilities Division staff liaison of the time
and place of such meeting and obtaining consent of a Board quorum for the special meeting.
1
Attachment A
Section 1.7 Meeting Notices. Notices of regular meetings and special meetings shall be
published in a manner similar to notices of other City boards and commissions as prescribed by City
Council. Notices of all regular and special meetings shall be posted in conformance with applicable
law. Board members shall have no less than twenty four hours notice of any meeting.
ARTICLE H
BOARD MEETING ORDER OF BUSINESS
Section 2.1 Order of Business. At all regular meetings of the Board, the follov,ing snail he the
order of business:
A) Call to Order
B) Approval of minutes
C) Public Comment
D) Matters from City Staff
E) Matters from Board Members
F) Agenda Items
G) Discussion of next meeting agenda
fl) , ;djc>Tirtnrm, .m
The above,oroer o bu,_ i(,,;ss may be amended upon: mom ic::1 passed by the majonty o "the m..; - it-, ~-s of
the Br .rd in attendance at any meeting.
AR1 iCLE III
CONDUCT OF BOARD MEETINGS
Section 3.1 Board Business. All business of the Board shall be conducted only during
properly constituted regular or special meetings and all such meetings shall be open to the public
except as is otherwise provided by law. These Bylaws have been adopted in substitution of Roberts
Rules of Order. Roberts Rules of Order may be invoked at the discretion of a majority of the quorum
present, where not inconsistent with these bylaws, but shall not automatically apply at meetings of
the Board. Three members of the Board in attendance at all meetings shall constitute a quorum for
the transaction of business. No actio a of the Board shall be valid without an affirmative vote of three
members.
Section 3.2 Agenda Management. The Chair shall manage each regular and special meeting in a
manner appropriate to complete the Board's business scheduled for the meeting to the extent
possible. In the absence of objection by a majority of the quorum present, the Chair may limit the
length of discussion on any agenda item by Board members and members of the public. For agenda
items for which no .formal hearing is required, public comment may be permitted by the Chair at the
beginning of discussion on the particular agenda item. Once interested members of the public have
7~ttachment A
commented, the Chair shall restrict subsequent discussion on the agenda item to Board members and
staff, unless a majority of the quorum present votes to open discussion to other persons present.
Section 33 Hearing Management. The Chair shall manage all hearings in a manner to provide
each citizen meaningful participation in the hearing process, without partiality. The Chair may limit
the length of public cormnents for purposes of allowing all interested speakers an equal opportunity
to comment within the time frame set aside for the hearing. Unless otherwise specified at the
hearing, individual public comment shall be limited to not more than three minutes. Public
testimony at hearings shall follow staff presentation of the proposal under consideration. Board
members may ask questions of witnesses to seek clarification of the witness' position, but are
discouraged from engaging in substantive debate with witnesses. Board discussion and deliberations
shall follow public testimony. Hearings may be continued by majority vote of the Board.
ARTICLE IV
MINUTES/INFORMATIONAL PACKAGES
Section 4.1 Summary Form Minutes. Copies of summary form minutes Of regular and special
mees shall be ;listributed by Utilities Division staff to City Council within 10 days after each
meetg is held to the extent possible. Summary form minutes shall be produced by Utilities
rDivision staff witi, Board review, and steal l be considered as the formal record of proceedings of the
I' l Summar\ form minutes shall be furnished to each Board member prior to the next regular
ar V meeting, as specified in section 4.2 of these Bylaws.
Ss:ctian 4.2 Board Informational Packages. Prior to each regular meeting and each special
meeting scheduled sufficiently in advance, Utilities Division staff shall assemble and disseminate to
Board members an informational package consisting of summary minutes to be approved at the next
meeting, other information that the Utilities Division staff liaison deems appropriate for Board
consideration at the next meeting, and infonmation otherwise useful to the Board and reasonably
requested by the Board. Delivery of the package to the Board shall be calculated to provide a
reasonable time to review the material prior to the next Board meeting.
ARTICLE. V
DUTIES OF OFFICERS
Section 5.1 Chair's Duties. It shall be the duty of the Chair to (a) preside over all meetings of the
Board; (b) sign all minutes, resolutions and other documents on behalf of the Board; (c) coordinate
with the Utilities Division liaison on agenda items; and (d) subject to the advice, order or ratification
by the Board, discharge such other duties as may be required of the Chair by City Council and City
staff, pursuant to the City Charter and applicable ordinance.
Section 5.2 Vice Chair Duties. It shall be the duty of the Vice Chair to (a) perform all such
duties and functions of the Chair in the absence of the Chair, (b) to assist the Chair in the
performance of his/her duties.
Attachment A
Section 5.3 Secretary Duties. The Secretary shall attest to the signature of the Chair on all
documents signed by the Chair. Any document signed by the Chair, attested to by the Secretary shall
be deemed an official document of the Board. The Secretary has no added responsibility for
production of summary form as those functions shall be performed by designated Utilities Division
staff.
Section 5.4 Assistant Secretary Duties. An Assistant Secretary shall perform the function of the
Secretary in the absence of the Secretary. The Chair or Vice Chair acting as Chair may not attest
his/he_• own signature.
ARTICLE VI
PUBLIC INSPECTION OF DOCUMENTS
Section 6.1 Inspection of Documents. Records of all Board proceedings, and minutes of all
meetings, shall be open to inspection by the general public during reasonable business hours.
ARTICLE VII
•%-MFNDMEN'!S
Section ; .1 Ainendments to Bylaws. These Bylaws may be changed, amended or revoked by
an affirmative vote of thre y Board members at any regular meeting of the Board, or at any special
meeting called for that purpose.
Approved and adopted this 16th day of April, 2007.
CITY OF BOULDER
WATER RESOURCES ADVISORY BOARD
Chair
AT irS
By:
Secretary
4