HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 08/08/2023Fort Collins City Council
Work Session Agenda
Tuesday, August 8, 2023
Immediately Following Special Meeting
Colorado Room, 222 Laporte Ave, Fort Collins, CO 80521
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
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City of Fort Collins Page 1 of 2
City Council
Work Session Agenda
August 8, 2023
Immediately Following Special Meeting
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
Colorado River Community Room
222 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
Immediately Following the 6:00p.m. Special Meeting
A) CALL MEETING TO ORDER
B) ITEMS FOR DISCUSSION
1. Recommendations from the Ad Hoc Committee on Boards and Commissions
Resolution 2022-122 created the Ad Hoc Committee on Board and Commissions on November
15, 2022. The purpose of the Committee was to consider and make recommendations regarding
improved efficiency and consistency of board and commission processes and to reduce barriers
to participation. The Committee convened its first meeting in January 2023 and concluded its work
in July 2023.
2. Water Supply Requirement and Excess Water Use Fee Increase.
As prices continue to rise for water supplies and the infrastructure to support them, Fort Collins
Utilities (“Utilities”) determined it needed to re-examine its Water Supply Requirement (“WSR”) and
Excess Water Use (“EWU”) fees. The WSR and EWU fees do not apply to customers or developers
served by other water districts.
Based on a detailed consultant recalculation and recommendation, staff is proposing to increase
fees substantially from $68,200 per acre-foot to $179,500 per acre-foot for the WSR, and $16.67
per 1,000 gallons to $43.87 per 1,000 gallons for EWU. These fee increases will apply to both
commercial and residential development and redevelopment, as well as existing commercial
customers with a water allotment who incur an EWU charge. These fees do not apply to
redevelopment unless there is an increase in water service.
These fees will go to Council for approval in November with implementation on January 1.
However, given the significant increase, we would like to consider options to help customers adjust
to and pay for the increased fees.
C) ANNOUNCEMENTS
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City of Fort Collins Page 2 of 2
D) ADJOURNMENT
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 9
August 8, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Davina Lau, Public Engagement Specialist
Jenny Lopez Filkins, Legal
SUBJECT FOR DISCUSSION
Recommendations from the Ad Hoc Committee on Boards and Commissions
EXECUTIVE SUMMARY
Resolution 2022-122 created the Ad Hoc Committee on Board and Commissions on November 15, 2022.
The purpose of the Committee was to consider and make recommendations regarding improved
efficiency and consistency of board and commission processes and to reduce barriers to participation.
The Committee convened its first meeting in January 2023 and concluded its work in July 2023.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback does Council have with the recommendations of the Ad Hoc Committee on Boards and
Commissions?
BACKGROUND / DISCUSSION
Several Councils have discussed the need to re-examine the boards and commissions program in order
to ensure its long-term success and expand the opportunity for all residents to meaningfully engage with
Council and the City organization.
In July 2019, Council adopted the priority to Reimagine Boards and Commissions which highlighted the
following goals:
Continuous improvements that do not require policy change
Policies that reduce barriers to participation
Improve efficiency and consistency
In April 2021, several code changes were adopted as part of the work towards this priority. Some highlights
are included below:
Reorganized boards and commissions into three categories based on their functions
Added a revised attendance policy
Created a variety of term lengths for non quasi judicial boards
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Added City Code standards for joint meetings and remote meetings
Amends and removes list of specific participating Community Stakeholder Organizations on the Bicycle
Advisory Committee to provide flexibility of community representation
Reduced the number of Water Commission members from eleven to nine
Renamed the Community Block Grant Commissions to the Human Services and Housing Board
Renamed Landmark Preservation Commission to Historic Preservation Commission
Renamed Zoning Board of Appeals to Land Use Review Board
In April 2022, the City Clerk’s Office (CCO) shared an overview of the work accomplished thus far and
acknowledged that there was still more work that needs to be done, including the potential for the creation
of an Ad Hoc Council Committee to guide the work.
During the off-cycle recruitment in August 2022, improvements were made to the application and interview
process including:
Applicants can only choose up to three boards and commissions to apply for
Applicants will rank which board they want the most, middle, least
There is at least one board specific question on the application
The application will note the current meeting day and time to help applicants discern their availability
easier
Interviews were intended to take place the last two weeks in October with flexibility into the first week
of November. A lesson learned is to add the general interview time period to the application itself.
Council will appoint members in November and December. This hopefully will allow new members the
opportunity to attend a December board meeting as part of orientation.
In October of 2022, the City Clerk’s Office hired a new Public Engagement Specialist tasked with providing
more support to boards and commissions, including but not limited to creating robust onboarding and
trainings for board members and staff liaisons and focus on recruitment efforts to reach a wider audience.
In November of 2022, Council established an Ad Hoc Committee to improve the efficiency and consistency
of board and commission processes and reduce barriers to participation on boards and commissions.
Appointed to the Committee were Mayor Pro Tem Emily Francis and Councilmembers Tricia Canonico
and Julie Pignataro with Councilmember Kelly Ohlson as the alternate.
The Ad Hoc Committee completed its work in July 2023. Though the Committee’s work has concluded,
improvements to the boards and commissions program will be continuous and ongoing.
Themes
As part of the Reimagine Boards and Commissions priority in early 2020, board members received a
questionnaire to complete. Seventy-nine board members participated, representing 22 of the 25 boards.
In addition, since then, staff and Council have anecdotally received feedback from individual board
members and the Senior Advisory Board also provided a memo with recommendations on improvements.
During the Ad Hoc Committee meetings, Council Committee members provided additional feedback. From
these engagements, several themes emerged:
Board members and staff liaisons have felt a lack of support from the City Clerk’s Office who
coordinates and oversees the program.
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Council liaisons have felt a lack of communication when issues arise on their assigned boards so they
are unable to effectively intervene early on.
There is a lack of consistency in how boards and commissions are providing input and
recommendations to Council.
There is a lack of understanding from board members as to their functions and role in comparison to
Council’s functions and authority.
There is a desire amongst board members to have their role provide more meaningful contributions.
Some boards need to be evaluated for structural issues.
Administration Recommendations
Changes to Recruitment Timing
Due to Council regular elections moving from April to November on odd years, the Committee evaluated
the option of shifting annual recruitment for boards and commissions. The recommendation is listed
below.
Application
opens Interviews Council
appointment Term begins
Current Sept Oct Nov Jan 1
Recommendation Dec 1-Jan 30 Mid-Feb March April 1
Onboarding and Training
Many of the themes identified may be resolved by providing a more robust onboarding and training of new
members, board chairs, and staff liaisons. This will include an explanation of the role of boards and
commissions (primarily as advisory to Council and staff), how input is received and used by Council, review
of Code of Conduct and meeting procedures, amongst other topics. The board chairs will also receive
training on how to effectively conduct a meeting, be provided de-escalation training, and sources of support
that they can lean on. The City Clerk’s Office will also be a source of support and training for staff liaisons
who are a good source for identifying any emerging issues as well. In addition to initial onboarding and
training, it will be critical for CCO to provide continuous and ongoing support to both board members and
staff liaisons.
Interview Process
During the recruitment process, Councilmembers spend a significant amount of time in reviewing
applications, selecting applicants to interview, interviewing applications, and making recommendations. In
addition to the time commitment, the Committee also discussed the need for Council liaisons to be briefed
on the board’s activities and issues prior to the interview process.
Though it may not significantly reduce the time commitment of Councilmembers, the Committee does
recommend that the interviews are still conducted in the same manner by 2 Councilmembers for non quasi
judicial boards and to include the staff liaison to observe and provide any insight should the interviewers
request it. In addition, prior to interviews, the Council liaison will have the option to meet with the staff
liaison to be briefed on anything relevant concerning that board.
Process for Council Determination of whether a Board needs to be Sunset or Repurposed
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The Committee had a unique opportunity to evaluate several boards during the course of its work.
However, the Committee is ad hoc and not permanent so what happens when Council receives a request
from the public as to sunset, repurpose or create a new board?
This type of request can come from a variety of sources: the Board chair or member(s), staff liaison, other
staff, community member, City Clerk’s Office, City Manager, and/or a Councilmember. When such a
request is received, CCO will be responsible for coordinating information with the requester and providing
a memo to Council. Council may give direction to staff to proceed with the evaluation process under Other
Business during a regular Council meeting. Staff will then utilize the assessment tools and indicators that
the Committee brainstormed in order to provide considerations for Council to use in making a determination
on the request.
Code Changes and Resolution Considerations
Recommendation to Remove 1-year Tterms (Code Change)
As part of the Reimagine process, in April 2021, the addition of 1-year terms were added to allow for
shorter-term commitments. However, the feedback received was that the short term did not allow for a new
member to fully learn their role and if they wanted to continue to serve, they would need to re-apply and
re-interview. The recommendation is to eliminate all one-year terms from Type 1 and Type 2 advisory
boards. None of the seats on quasi-judicial commissions currently have 1-year terms.
Type 1 and Type 2 Boards - 7 Members
Current Recommendation
4 members with 4-year terms 4 members with 4-year terms
2 members with 2-year terms 3 members with 2-year terms
1 member with 1 year term
Type 1 & 2 Boards – 9 Members
Current Recommendation
4 members with 4-year terms 5 members with 4-year terms
3 members with 2-year terms 4 members with 2-year terms
2 members with 1-year terms
Joint Meeting Language (Code Change)
In order to provide flexibility for one or more boards to meet together, the Committee is recommending the
following changes to Code Section 2-72. The responsibility for the Council liaisons in making the
determination of allowing the joint meeting has also been added to Council liaison role section.
Two or more board or commissions, committees of boards or commissions, or
representatives from each such board, commission or committee may hold a joint meeting if
the subject of the meeting specifically relates to the functions of an item or project in the work
plan of each participating board or commission, or if the City Manager or council liaison(s)
City Council has approved the joint meeting.
Anti-discrimination and Anti-Harassment (ADAHP) Policy (Resolution Adoption)
Formerly known as the Respectful Workplace Policy, ADAHP revises the definition of harassment to
comply with the new State of Colorado Protecting Opportunities and Workers’ Rights (POWR) Act that
went into effect on August 7, 2023. It is also recommended that the screening process be handled by the
Equity Office and the annual reporting and review be conducted by the Assistant City Manager. Attachment
2 contains the full policy.
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Code of Conduct (Resolution Adoption)
At least within the last year, there have been several interpersonal issues that have risen on boards and
commissions that have not been promptly addressed, in part due to the vacancy of the Public Engagement
Specialist and also due to no existing policies which cover standards of behavior. The recommendation of
the Committee is for the Code of Conduct to apply to both board members as well as Council. The full
policy is included as Attachment 3.
Code of Conduct Complaint Process (to be added to Code)
Attachment 4 outlines the Code of Conduct complaint process. An alleged violation should be filed with
the City Clerk’s Office within 12 months. CCO will then notify the City Manager’s Office, the member named
in the complaint, Council and the City Attorney. The City Attorney will review the complaint to determine if
the scope falls under the Code of Conduct. If an investigation is warranted, the City Attorney’s Office or
outside counsel shall conduct the investigation and share written findings with Council upon completion.
If violation is sustained against a board or commission member, Council can take formal action to do any
one or more of the following:
Issue verbal or written direction to cease the problematic conduct
Direct or encourage corrective training
Require the violator to issue a written or verbal apology
Removal from the board or commission
If violation is sustained against a Council liaison, Council can take formal action to do any one or more of
the following:
Motion of censure or resolve to remove the particular Council member from the role of liaison
Issue verbal or written direction to cease the problematic conduct
Encourage corrective training
Encourage the violator to issue a written or verbal apology
The Committee recommends that this complaint process be described in the Code.
Council Liaison Responsibilities
The last update to the resolution outlining Council liaison duties was in 2016. Committee recommends the
following changes:
Add that liaisons should make decisions about recommendations for appointment keeping in mind the
need for fresh perspectives and not primarily on liaison’s personal preferences.
Remove any reference to “informal” or “formal” contact as there is not a clear distinction between the
two.
Remove the duty to provide procedural direction as that is the role of the staff or legal liaison to the
board.
Add that CCO, CMO and the staff liaison will support Council liaison in identifying and helping to resolve
any problems with respect to the functioning of the board.
Remove the duty to facilitate training of new members as that is the duty of CCO and legal.
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Remove any reference to periodic reviews as now a high-level annual review will be conducted by
CCO.
Add the duty to make a determination on any requests to hold a joint meeting with other boards.
Move the liaison’s role to serve as a contact rather than an advocate for or ex-officio member of the
board and that the Councilmember must not direct the board in its activities or work to the Ethics section
in the Code (Sec. 2-568).
Structural Recommendations for Various Boards
These will also require Code changes.
Youth Advisory Board
There historical has been quorum issues on the Youth Advisory Board (YAB) and this may be due to the
structure of the board and the lack of steady staff liaison support. Currently, between 5 and 9 members
make up the board and the Committee’s recommendation is to change the membership requirement to no
more than 12 members with the quorum defined as the majority of the number of appointed members. This
will allow for flexibility for a core group of youth members to still function as a board.
The Committee also recommends the further clarification that the YAB can hold joint meetings with other
similar boards and adds to the scope the requirement to complete an annual project. This is similar to other
municipal youth boards.
In addition, during the appointment process, Council may choose the length of the term the youth member
will serve based on their high school grade level. In other words, if a member is a sophomore in high
school, Council has the ability to appoint that individual to serve a three-year term. Though it is currently
allowed in the Code, it has not been the practice and youth members are asked to re-apply every year.
Allowing for term lengths to correspond to their years remaining in high school may help improve retention.
Golf Board
One recommendation from the Reimagining goal was to reduce the number of boards and commissions
and potentially combine boards to align with the seven Strategic Outcomes.
During this Committee’s work, the Golf Board was identified as a board whose original goals may have
been achieved or run its course. When the Golf Board was established in 1970, the City already owned
one golf course and in the process of constructing a second so there was a desire for extended community
input. Because there are not currently any foreseeable plans to add golf courses, it is the Committee’s
recommendation to add the Golf Board’s scope of work to the Parks and Recreation Advisory Board.
In order to honor the commitment of the four active Golf Board members, the potential to serve out the
remainder of their term as an extra member of the Parks and Recreation Advisory Board until their term
expires was offered. One member was interested in this option.
In addition, the Golf Board is active in raising funds and making award recommendations for the Youth
Golf Scholarship Fund. A separate community committee will be established under the City Give umbrella
so members can continue their service in this regard.
The Committee recommends dissolution of the Golf Board and scope of work added to the Parks and
Recreation Advisory Board to be effective January 1, 2024. In addition, it is a recommendation that a
temporary seat be added to the Parks board until December 31, 2024 for the one Golf Board member that
is interested.
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Women’s Advisory Board
The Commission on Status of Women was created in 1986 and has seen various changes over the years
including the renaming to the Women’s Advisory Board (WAB) in 2021. Due to significant quorum issues,
the WAB was paused in January 2022.
The Committee discussed that the issues around WAB could have been a result of the lack of training and
support from CCO. However, with the hiring of a new Public Engagement Specialist, it may be a good
opportunity to unpause the board and consider expanding the scope.
The Committee’s recommendations are as follows:
Rename to Women and Gender Equity Advisory Board
Reduce the number of members of the Board from 9 to 7
Keep the 2 ex-officio members appointed by County and CSU
Add gender equity to scope of work
Bicycle Advisory Committee
The Bicycle Advisory Committee (BAC) was created in 2009 at the recommendation of the Transportation
Board to establish separate committee for reviewing all issues related to bicycling and advising the
Transportation Board on those issues.
There has been some discussion about creating a standalone board for an Active Modes Advisory
Committee. This also has been a recommendation of the adopted Active Modes Plan.
The Committee discussed renaming and rescoping BAC to an Active Modes Advisory Committee in
recognition of the City’s growth since 2009 and the adopted Active Modes goals. However, no formal
recommendation was made by the Committee during the July 19, 2023, meeting and asked staff to bring
feedback from the Transportation Board and the Bicycle Advisory Committee during the August 8, 2023
work session.
During the Transportation Board’s July 19 meeting, the board shared the following feedback:
Concerns and desire for clarity on who’s on any “new” Board. How are the current community
organizations like Bike FC and the DDA to be included?
The need clearly defined roles defined between the Transportation Board and a new Active Modes
Board.
The need for some type of formalized connection between Transportation Board and an Active Modes
Board if it’s no longer a sub-committee
Dated July 28, the BAC sent a memo to Council (Attachment 6) expressing their desire for Council to revisit
the original goals laid out in the BAC creation before making any structural decisions.
During the work session, Council may consider the following as it relates to BAC:
Should BAC transition into the Active Modes Committee?
Should the current structure as a sub-committee remain? OR should it be a standalone board with a
new structure?
Should membership look different?
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Should the current structure and name of BAC remain in place?
Should this item be tabled if further engagement is desired?
Affordable Housing Board
Staff received a request from the Executive Director of Housing Catalyst to add a Housing Catalyst
representative as a non-voting ex-officio member to the Affordable Housing Board (AHB). AHB
unanimously supported the recommendation during their July 6, 2023 meeting for the following reasons:
In recognition of the contributions of expertise and local knowledge of a Housing Catalyst staff or board
member.
A non-voting seat avoids conflicts of interest so that quorum can be more easily attained.
Residency limits would not apply to this seat.
The Committee also recommends that a non-voting ex-officio member designated for a Housing Catalyst
representative be added to the Affordable Housing Board.
Boards and Commissions Manual Update – via Resolution
The last update to the Boards and Commissions Manual was in 2016. The following are recommendations
for changes to the Manual. The Committee did not formally recommend these changes as they were not
available at the time of the Committee’s last meeting in July.
Removed the C.H.A.R.G.E: A Checklist for effectiveness since it will now be part of onboarding
Description of types of boards and commissions updated and included
Removes the Council liaison responsibilities because they will be added to the City Code
Yearly Planning Calendar updated to include new recruitment schedule
Staff Liaison role updated, City Attorney role and City Clerk role included
Membership limitations updated to reflect code changes
Removal of Golf Board
Inclusion of a table describing quorum requirements and what that looks like for 7 member boards vs
9 member boards (and YAB)
Periodic Reviews replaced with Annual Review (every September 30)
Adds description of ethics rules discussed in City Code
Adds description of City duty to indemnify discussed in City Code
Conduct Standards summarized in body of manual and added as an appendix to manual
Anti-Discrimination and Anti-Harassment Policy added as an appendix to manual
NEXT STEPS
Council will consider on first reading the adoption of code changes on September 5, 2023 and second
reading on September 19, 2023.
Council will consider adopting the Code of Conduct via resolution during the September 5, 2023 Council
meeting.
Resolutions to adopt revisions to the Board and Commissions Manual and extension of current member
terms will be considered by Council during the September 19 regular Council meeting.
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ATTACHMENTS
1. Anti-Discrimination and Anti-Harassment Policy (Draft)
2. Code of Conduct (Draft)
3. Code of Conduct Complaint Process (Draft)
4. Boards and Commissions Manual (Draft)
5. Bicycle Advisory Committee Memo to Council
6. Presentation
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WORKING DRAFT FOR DISCUSSION ONLY
ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY
Introduction
Fort Collins aspires to be a city that addresses the needs of all members of our
community and strives to ensure that everyone has the opportunity to thrive. As
a community, we commit to building a healthy, equitable, and resilient city – for
our families, for our neighbors, and for future generations.
The Fort Collins City Council is committed to providing and maintaining an
environment that encourages mutual respect and promotes equality, dignity, and
respect. This Policy embodies the City Council’s commitment to prevent and
address discrimination; harassment, including sexual harassment; and retaliation.
Discrimination, harassment, and retaliation in the workplace are against the law
and will not be tolerated.
Through adoption, implementation, and enforcement of this Anti-Discrimination
and Anti-Harassment Policy (“Policy”) and through continuing education and
training provided by or through the City Clerk’s Office, the Fort Collins City Council
will seek to prevent, address, and correct behavior that violates this Policy.
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Application
This policy applies to all members of the City of Fort Collins City Council and
Appointed Officials in the performance of City governance or operations, at
City-sponsored activities, and in all interactions between members of City
Council, Appointed Officials, and City employees and contractors (defined herein
as “Related Interactions”). Appointed Officials include the City Manager, the City
Attorney, the Chief Municipal Judge, any appointed employee including
municipal judges, and any City board or commission member. Nothing in this
Policy is intended or should be read to alter the terms and conditions of the at-
will status of Appointed Officials.
It is important for all to keep in mind that the Mayor and City Council are
committed to providing an environment that exemplifies high standards of
behavior, treats others with dignity and respect, and is known for its honesty,
inclusivity, and transparency. Conduct that does not clearly fall into the realm of
conduct prohibited by this Policy but is inconsistent with these values may be a
violation of the Council-adopted code of conduct.
Prohibited Conduct
I. Discrimination Strictly Prohibited
Policy
The City Council strictly prohibits discrimination based on protected
characteristics and will take prompt and appropriate action in response to good-
faith complaints or knowledge of an alleged violation of this Policy.
Definitions
• “Protected characteristics” means a person’s race, color, religion, creed,
national origin or ancestry, sex, sexual orientation (including perceived sexual
orientation), gender identity and expression, disability, age 40 years or older,
pregnancy or related condition, genetic information, and, in certain specific
circumstances, marital status, marriage to a coworker or any other status
protected under federal, state, or local law.
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• “Discrimination” occurs when a person covered by this policy experiences an
adverse official action based on one or more of that person’s protected
characteristic(s). Adverse official actions include, but are not limited to,
termination, suspension, involuntary demotion, failure to promote, and
opposition, rejection or failure to appoint to committee or leadership role.
Adverse official actions that are taken for any reason other than the protected
characteristic(s) of a person covered by this policy are not discrimination.
Examples of Discrimination
• A Councilmember harshly criticizes City staff and the municipal clerk
notes he disproportionally criticizes her and other women.
• A female candidate for city attorney, city manager or chief judge is selected for a
position over a more qualified male candidate because she is a woman.
• A community member is not considered for a board or commission appointment
because he is homosexual.
• A candidate is not chosen for a promotion to an open City position by an
appointee because the candidate does not share the appointee’s religious beliefs
or does not have religious beliefs.
• A City Manager receives an unfavorable, unjustified pay decision because she is
disabled.
II. Harassment, Including Sexual Harassment, Strictly Prohibited
Policy
The City Council strictly prohibits harassment, including sexual harassment, and
will take prompt and appropriate action in response to good faith complaints or
knowledge of an alleged violation of this Policy. Please note that this Policy does
not address conduct that could constitute a violation of criminal law. Any person
who believes a violation of criminal law has occurred should report the conduct to
Fort Collins Police Services or other appropriate law enforcement agency.
Definitions
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• “Harassment” means any unwelcome conduct or communication directed at an
individual or group because of that individual’s or group’s actual or perceived
protected characteristic and such conduct or communication is subjectively
offensive to the individual alleging harassment and the conduct is objectively
offensive to a reasonable individual who is a member of the same protected
characteristic.
It is not necessary for a complaining party to be a member of a protected
characteristic to file a complaint.
Harassment is a violation of this policy if:
• Submission to the conduct is explicitly or implicitly made a term or condition of
employment or appointment;
• Submission to, or objection to, or rejection of the conduct is used as a basis for
employment or appointment decisions; or
• The conduct has the purpose or effect of unreasonably interfering with the
individual’s work performance or creating an intimidating, hostile or offensive
work environment or in related interactions.
Petty slights, minor annoyances, and lack of good manners are not included in the
definition of harassment, unless they meet the definition of harassment above when
taken individually or in combination and under the totality of the circumstances. The
totality of the circumstances considered includes:
• The frequency, duration and location of the conduct or communication; and
• The number of individuals involved; and
• The type or nature of the conduct or communication; and
• Whether it is threatening, involves epithets or slurs, or reflects stereotypes; and
• Whether there is a power differential between the individual or group and the
subject of the complaint.
Because sexual harassment raises issues that are to some extent unique in comparison
to other types of harassment, the City Council believes it warrants separate emphasis.
The City Council strongly opposes sexual harassment and inappropriate sexual conduct.
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Sexual harassment can involve males or females or persons of any gender identity or
sexual orientation being harassed by another individual.
Examples of Harassment
No policy can provide an exhaustive list of behaviors that may rise to the level
of harassment. Harassment encompasses a broad range of conduct that may be
verbal, visual, or physical in nature. Specifically prohibited conduct includes, but is
not limited to:
• Verbal conduct such as epithets, derogatory comments, and slurs directed at
someone because of their protected class;
• Insisting on giving hugs to all women encountered at a recurring meeting;
• Repeatedly not using a person’s preferred pronoun(s);
• Visual conduct such as derogatory posters, photographs, cartoons, drawings, or
gestures directed at someone because of their protected class;
• Mocking someone’s accent or disability;
• Acts or jokes that are hostile or demeaning toward a protected class;
• Racially offensive words or phrases;
• Written or graphic material that insults, stereotypes, or shows aversion or
hostility to an individual or group because of a protected class that is placed on
walls, bulletin boards, email, or elsewhere on the premises of the workplace;
• Displays of symbols, slogans, or items that are associated with hate or
intolerance towards any select group, such as swastikas or nooses;
• Pranks or hazing someone because of their protected characteristic; and
• Physical aggression or gestures based on someone’s protected characteristic.
In addition to the examples listed above, an aggregation of a series of incidents
can constitute harassment, even if one of the incidents considered separately
would not rise to the level of harassment. Harassing conduct does not have to rise
to the level of an unlawful hostile work environment to warrant corrective action
under this policy.
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Examples of Sexual Harassment
Examples of sexual harassment include, but are not limited to, the following
conduct:
• Inappropriate commentary, such as sexual epithets, jokes, written or
verbal references to sexual conduct, gossip regarding a person’s sex life,
comments regarding a person’s body or sexual activity deficiencies or
prowess;
• Sexually suggestive comments about a person’s clothing, vocal activity like
catcalls or whistles, leering or staring at a person or part of a person’s body,
obscene letters, emails, text messages, photographs, cartoons, or other written or
pictorial materials of a sexual nature, or sexting or posting sexual messages or
images on social media;
• Direct sexual propositions including persistent requests for dates, drinks, or
other personal contact after being informed that the interest is unwelcome,
inappropriate sexually themed communication in person, online or via mobile
devices;
• Explicit or implicit requests for sexual activity in exchange for reward, position,
or career advancement, support of legislative initiatives, introductions, special
access invitations to exclusive events, support for candidacies, position stability,
or any other such condition or potential benefit;
• Sexual contact including unwanted physical touching, blocking or impeding
movements, groping, or kissing.
Inappropriate sexual conduct that could lead to a claim of sexual harassment is
expressly prohibited by this policy. This policy prohibits opposite sex and same-
sex harassment.
Sexual harassment may be obvious or subtle. Some behavior that is appropriate in
a social setting may not be appropriate in the performance of City governance, City
operations, at City- sponsored activities, or in Related Interactions, particularly
considering the Council’s stated values noted above in the Introduction.
III. Retaliation Strictly Prohibited
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Policy
The City Council strictly prohibits retaliation. The City Council will take prompt
and appropriate action in response to good faith complaints of retaliation or
knowledge of a violation of this Policy.
Definitions
“Retaliation” means an act of punishment, reprisal, or revenge that is taken
against a person because he or she reported a form of harassment prohibited
under this Policy, prevented unlawful practices, or participated in an investigation
of an alleged act of harassment. For purposes of retaliation, an action is materially
adverse if it is harmful to the point that it would dissuade a reasonable employee
from making a complaint of discrimination.
Examples
Retaliation can take place on City locations or elsewhere. Harassing conduct does
not have to rise to the level of an unlawful hostile work environment to warrant
corrective action under this policy. Examples of retaliation after a person makes a
complaint or raised a concern may include, but are not limited to:
• Granting access to that person differently in a manner that negatively
affects the person’s business or ability to perform work (i.e., a
Councilmember refusing to meet with a complaining party after the party
filed a complaint);
• Removing that person from an assignment;
• Change in support for Council action proposed by, or supported by, that
person in their professional capacity;
• Disparaging that person to colleagues or peers;
• Changing that person’s role, responsibilities, supervisory managerial or legislative
authority;
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• Newfound scrutiny of that person’s work performance by a manager or
Councilmember;
• Denial of a promotion for that person, or demoting, suspending, or terminating
them, when such acts are not otherwise justified;
• Making unfavorable pay decisions not otherwise justified;
• Issuing that person warnings, reprimands, or poor performance evaluations that
are not otherwise justified;
• Excluding that person from beneficial networking or other opportunities, or from
team or coworker events;
• Encouraging shunning by other Councilmembers;
• Workplace or legislative sabotage;
• Assigning that person a disproportionate workload;
• Disparaging that person to others or in the media;
• Disparaging that person to potential new employers;
• Threatening that person with legal action;
• Threatening that person with immigration action; or
• Abusive verbal or physical behavior towards that person.
Formal Complaint and Resolution Process
The City Council encourages the reporting of all perceived incidents of
discrimination, harassment or retaliation, as described above, regardless of the
position of the alleged offender. The following processes will be used when a
reporting party reports a violation of this Policy. The formal resolution process
will be used when someone makes a good faith report of discrimination,
harassment, or retaliation in a manner that makes clear that the Reporting Party
intends to make a complaint of a policy violation.
Definitions
• “Reporting Party” means a person who has been subjected to or who has
witnessed another person be subjected to behavior that violates this Policy. A
Reporting Party may be a member of the City Council, a City staff member, a
member of the public, a City contractor or vendor, an Appointed Official, a
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contractor, or a person whose employment gives them access to or contact with
the Fort Collins City Council.
• “Complaint Contact” means:
• The Mayor;
• Any City Councilmember;
• A representative of Human Resources including the Human
Resources Executive, the Human Resources Director, or a Human
Resources Business Partner;
• The City Manager, Deputy City Manager, Assistant City Manager,
Service Area Director, Service Unit Director
• The City Attorney, Deputy City Attorney
• Lead Specialist, Office of Equity & Inclusion.
• The staff liaison or attorney liaison to a board or commission
While the reporting party should contact anyone on this list, the following guidance is
provided for “Complaint Contact:”
• For a complaint about the City Manager, City Attorney and Chief
Judge, contact the Mayor or the Human Resources Executive.
• For a complaint about a City Councilmember, contact the Human
Resources Executive.
• For a complaint about a Board and Commission member, contact
the City Manager, Deputy City Manager, Assistant City Manager,
Service Area Director, Service Unit Director, City Attorney, or
Deputy City Attorney.
• “Respondent” means a person who is alleged to have violated this Policy and
includes members of the City Council, Appointed Officials, and persons who are
under contract with the City of Fort Collins.
Confidentiality and Privacy Interests
An essential duty of the City Council and Appointed Officials is to be accountable
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to the public they serve. Members of the public deserve to have access to some
information about complaints and complaint trends, but this must be balanced
with the needs of the parties to have a safe, fair, and impartial process with
appropriate confidentiality. The complaint resolution process is a confidential
process. Complaint contacts must ensure that reporting parties can communicate
privately and confidentially with them in discussing their complaints. Complaints
and information about the investigation must be kept confidential by all parties,
witnesses, those who handle the complaints, and those who recommend
discipline or remediation, to the fullest extent possible. The confidential
investigation report or any records of complaints of sexual harassment, and any
sexual harassment investigations shall not be disclosed pursuant to an open
records request except in accordance with Colo.Rev.Stat. § 24-72-204.
Complaints Against a Member of the City Council
Complaint Process
The Fort Collins City Council encourages any person who is the subject of or
witness to a violation of this Policy by a City Councilmember to immediately bring
the violation to the attention of the Fort Collins City Council, via the complaint
contacts listed above, so it may take proper steps to investigate and address the
issue. The report should contain all facts available to the Reporting Party
regarding the alleged Policy violation.
Action by Complaint Contact
A Complaint Contact who receives a report from a Reporting Party must
document the date, time, whether the complaint was in person or by phone, and
nature of the conversation, as well as any steps taken. The Complaint Contact
must transmit complaints that fall under the Policy to the Lead Specialist, Equity
and Inclusion Office of the City and the City Attorney. A screening process will be
used to ensure that the alleged misconduct falls within the scope and purpose of
this Policy, assuming the allegations are true. A Complaint Contact must take
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actions described in this Policy promptly upon becoming aware of a complaint.
Screening Process
The Lead Specialist, Equity and Inclusion Office or their designee and the City
Attorney or their designee will contact the Reporting Party and obtain a complete
description of the conduct that allegedly violates this Policy. The Lead Specialist,
Equity and Inclusion Office or their designee, the City Manager or their designee
and the City Attorney or their designee will determine whether the alleged
misconduct, if true, violates this Policy. Unless the alleged violation clearly does
not fall within this Policy, the allegations will be referred for investigation. If the
alleged violation clearly does not fall within this Policy, a confidential written
summary of the basis for not referring the matter for investigation is placed in the
file. If the allegations are not referred for full investigation, the complaining party
will be notified both in person and in writing that the allegations were reviewed
as a screening matter and determined not to fall within the scope of this Policy. If
any of those involved in the screening the complaint believes the alleged
misconduct, if true, violates this Policy, the allegations will be referred for
investigation and the complaining party will be notified.
Investigation
Complaints against a Councilmember that, if true, violate this Policy must
promptly be referred to a third-party investigator retained by the City Attorney’s
Office. The City Attorney must inform the City Council that an investigation is
underway and retain an independent outside investigator (preferably a lawyer
that specializes in workplace investigations) to conduct interviews with the
Reporting Party and other individuals with knowledge of relevant facts, and to
perform such other actions as are necessary to ensure a complete investigation of
all allegations and a fair process for all involved. Once the investigation is deemed
complete by the investigator and the City Attorney, the investigator shall prepare
a written report indicating whether the allegations in the complaint are sustained
or not sustained and shall provide such confidential investigation report to the
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City Attorney.
Timeline for Investigation
Every effort will be made to complete an investigation in 60 days.
Disciplinary and Remedial Action
Upon completion of the investigation by a third party investigator, the City
Attorney will inform the Human Resources Executive, the City Manager, the
Reporting Party and the Respondent of the pertinent findings. The City Attorney,
the Human Resources Executive and the City Manager will send the confidential
investigative report to each member of the City Council with a cover letter that
contains recommendations to remedy the harassment, discrimination, or
retaliation. Alternatively, the City Attorney shall present the investigator’s
written report to the City Council in executive session. Upon receipt, the
Respondent must immediately endeavor to comply with recommendations.
The City Council may consider and direct any or all of the following actions in
response to a finding that a complaint of harassment, discrimination or retaliation
is sustained:
1. Adopt a resolution finding that an individual covered by this policy violated this
policy;
2. Direct or encourage additional corrective training;
3. Such other action as is consistent with its authority under applicable state
statutes, the City Charter, ordinances, resolutions, or rules and policies of the City
Council.
Any Councilmember at any time may initiate a motion for censure of a
Respondent Councilmember.
Complaints Against an Appointed Official
Reporting
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The City Council encourages any person who is the subject of or witness to a
violation of this Policy by an Appointed Official to bring the violation to the
attention of the City Council immediately, so it may take proper steps to
investigate and address the issue. The report should contain all facts available to
the Reporting Party regarding the alleged Policy violation.
The Reporting Party is encouraged to take the following actions:
• If the Reporting Party is comfortable addressing the issue directly with the
Respondent, the party may explain to the Respondent that the behavior is
offensive to the Reporting Party, and request that such behavior be discontinued.
• If the behavior recurs, the Reporting Party is strongly encouraged to
immediately report the behavior to a complaint contact listed above.
• If the Reporting Party is not comfortable addressing the issue directly with the
Respondent, the Reporting Party should immediately report the offensive
behavior to a Complaint Contact listed above.
Action by Complaint Contact
A Complaint Contact who receives a report from a Reporting Party must
document the date, time, whether the conversation was by phone or in person,
and nature of the conversation, as well as any steps taken. The Complaint Contact
must transmit complaints that fall under the Policy to the Human Resources
Executive, the City Attorney, unless the City Attorney is the Respondent and the
City Manager, unless the City Manager is the Respondent. If the Respondent is
the City Attorney, the Complaint Contact must transmit complaints that fall under
the Policy to the Human Resources Executive and the City Manager. A screening
process will be used to ensure that the alleged misconduct falls within the scope
and purpose of this Policy, assuming the allegations are true. A Complaint Contact
must take actions described in this Policy promptly upon becoming aware of a
complaint.
Screening Process
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The Lead Specialist, Equity and Inclusion Office or their designee and the City
Attorney or their designee, if the City Attorney is not the Respondent, will contact
the Reporting Party and obtain a complete description of the conduct that
allegedly violates this Policy. The Lead Specialist, Equity and Inclusion Office or
their designee, the City Manager or their designee, if the City Manager is not the
Respondent, and the City Attorney or their designee, if the City Attorney is not
the Respondent, will determine whether the alleged misconduct, if true, violates
this Policy. Unless the alleged violation clearly does not fall within this Policy, the
allegations will be referred for investigation. If the alleged violation clearly does
not fall within this Policy, a confidential written summary of the basis for not
referring the matter for investigation is placed in the file. If the allegations are
not referred for full investigation, the Reporting Party will be notified both in
person and in writing that the allegations were reviewed as a screening matter
and determined not to fall within the scope of this Policy. If any of those involved
in the screening the complaint believe the alleged misconduct, if true, violates
this Policy, the allegations will be referred for investigation. If the Respondent is
the City Attorney, the City Council will use outside legal counsel to engage in the
screening process as described herein. If the Respondent is the City Manager, the
Lead Specialist, Equity and Inclusion Office or their designee and City Attorney will
engage in the screening process.
Investigation
Complaints against an Appointed Official that warrant investigation must
promptly be referred to a third party investigator retained the City Attorney’s
Office, unless the Respondent is the City Attorney. Unless the Respondent is the
City Attorney, the City Attorney must inform the City Council that an investigation
is underway and retain an independent outside investigator (preferably a lawyer
that specializes in workplace investigations). If the Respondent is the City
Attorney, the Lead Specialist, Equity and Inclusion Office or their designee will
retain the services of outside counsel to retain an independent outside
investigator (preferably a lawyer that specializes in workplace investigations) and
the City Manager must inform the City Council that an investigation is underway.
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An outside investigator will conduct interviews with the Reporting Party and
other individuals with knowledge of relevant facts, and to perform such other
actions as are necessary to ensure a complete investigation of all allegations and
a fair process for all involved. Once the investigation is deemed complete by the
investigator and the City Attorney or outside counsel, the investigator shall
prepare a written report indicating whether the allegations in the complaint are
sustained or not sustained, and shall provide such confidential investigation
report to the City Attorney, unless the Respondent is the City Attorney. If the
Respondent is the City Attorney, the confidential investigation report will be
provided to the outside counsel who will forward the report to the Lead
Specialist, Equity and Inclusion Office or their designee and the City Manager.
The confidential investigation report and findings, along with a recommendation,
will be provided to the City Manager and the City Council.
Timeline for Investigation
Every effort will be made to complete an investigation in 60 days.
Disciplinary and Remedial Action
Any Respondent found to have engaged in harassment, discrimination, or
retaliation prohibited by this Policy is subject to appropriate disciplinary action.
The City Council shall consult with the Lead Specialist, Equity and Inclusion Office
or their designee and the City Attorney, if the City Attorney is not the
Respondent, regarding disciplinary actions that are commensurate with the
severity of the offense. If the City Attorney is the Respondent, the City Council
shall consult with the Lead Specialist, Equity and Inclusion Office or their designee
and outside employment counsel about disciplinary actions that are
commensurate with the severity of the offense. Disciplinary action can include,
but is not limited to, demotion or termination. Other remedial measures may
include:
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• Verbal or written direction to cease the offensive behavior;
• A written or verbal apology to the Reporting Party if the Reporting Party
consents to the apology;
• Resources and support to Reporting Party; or
• Education and training for the Appointed Officials.
In any case, a written record of any action taken on the complaint, or any
determination to take no further action on the complaint, shall be prepared in
consultation with the City Attorney or such other legal counsel appointed by City
Council in connection with a given complaint and kept with the report of
investigation.
Training
All members of City Council shall participate in training regarding harassment,
discrimination and retaliation every two years and in conjunction with the
orientation provided to new City Council members. All Appointed Officials shall
participate in such training every two years.
Annual Reporting and Review
The Assistant City Manager will publicly report, on an annual basis, the total
number of complaints under the Policy, and the resolution of each complaint,
appropriately redacted to protect the confidential personnel decisions and party
identities. The Assistant City Manager will maintain a publicly available list of
Councilmembers and Appointed Officials who have attended mandatory and
voluntary trainings.
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Item 1.
Code of Conduct
City Council
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80521
970.416.2525
dlau@fcgov.com
Purpose:
Fort Collins aspires to be a city that addresses the needs of all members of our community and
strives to ensure that everyone has the opportunity to thrive. As a community, we commit to
building a healthy, equitable, and resilient city – for our families, for our neighbors, and for
future generations. The high quality of life we enjoy requires a city that is safe and where all
individuals are treated with dignity and respect. The Mayor and City Council are committed to
providing an environment that exemplifies the highest standards of behavior, treats others with
dignity and respect and is known for its honesty, inclusivity and transparency. Our elected
officials and those they appoint believe that how they treat others is a direct reflection of our
collective character.
Application:
This policy applies to board and commission members appointed by the City Council. The
Council also adopts this policy to establish standards for Councilmember interactions with board
and commission members and staff. The term “appointees” refers to appointed board and
commission members. The term “members” refers to both appointees and City Council.
The City Council appoints individuals who:
• Comply with both the letter and the spirit of the laws and policies affecting operations of
boards and commissions.
• Be independent, impartial, and fair in their judgment and actions.
• Participate in assigned duties and functions for the public good.
• Conduct public deliberations and processes openly, unless legally confidential, in an
atmosphere of respect and civility toward each other, City staff, and members of the
public.
• Learn and understand the legal and ethical requirements that apply to public officials and
processes.
Therefore, members commit to the following: Page 28
Item 1.
1. Uphold the standards of integrity and honesty, including using true and accurate
evidence and/or statements in the decision-making process, and making decisions based
on the best interest of the city and its residents.
2. Conduct business of their board or commission that is within the scope of the specific
board or commission functions as described in the Fort Collins Municipal Code.
3. Perform Council liaison assignments and duties as described in the Fort Collins
Municipal Code.
4. Familiarize themselves with, adhere to, and comply with established policies and laws, as
applicable:
• The City of Fort Collins Boards and Commissions Manual
• Colorado’s Sunshine Laws regarding open meetings and public records – as
outlined in the Council Resource Guide
• The City of Fort Collins Charter and Municipal Code; specifically, the ethical
rules of conduct and the open meetings, remote meetings, notice and minutes
of meetings, board or commission action and attendance requirements (see
Fort Collins Municipal Code Sections 2-71 through 2-79)
• The City Council-adopted Respectful Governance Policy, which prohibits
harassment, discrimination and retaliation based on a person’s protected
characteristics.
5. Avoid all ex parte communications (communications with others about a pending issue
including communication with City staff) about quasi-judicial matters.
6. Be aware of the open records requirement that applies to written notes, calendars,
voicemail messages, and e-mail.
• All written or recorded materials including notes, voicemail, text
messages, and e-mail that discuss or touch on public business or the
functions of the board or communication will likely be subject to
disclosure to a requesting party.
7. (For appointees) Meet with their Staff or City Council liaison to discuss any concerns
regarding work that may be outside the scope of designated functions, conflicts of
interest, appearance of impropriety, ex parte communications, or gifts.
• Appointees must make disclosures to the City Clerk’s Office as appropriate
under the circumstances.
8. Make decisions based on the merits of the issue, while treating all persons and decisions Page 29
Item 1.
in a respectful and equitable manner, and committing to conducting business in a way
that exemplifies transparency and open communication.
9. Respect the legitimacy and authority of decisions that have been finalized –
regardless of personal position on the matter.
10. (For appointees) Strive to represent the official policies and positions of their board or
commission when serving in the member role.
• When presenting their personal opinions or positions in a public meeting,
such as a City Council meeting, Appointees shall explicitly state that are not
representing their board or commission or the City.
11. (For appointees) Members of quasi-judicial commissions must avoid personal
involvement in communications, activities or events relating to any application or
project proposal that may come before their commission for a decision. This is to
preserve the ability of members to perform their duties in these important roles without
partiality or bias.
12. Continue respectful behavior among members and City staff when communicating in
private.
The same level of respect and consideration of differing points of view
should be maintained in private conversations.
13. Use public resources (e.g., staff time, equipment, supplies, or facilities) appropriately
and in a manner that fosters stewardship of the taxpayer and ratepayer dollar..
14. Attend meetings of your board or commission.
• Because contemplation, deliberation, and decision-making require
collaboration and participation, appointees are expected to attend their
meetings.
• Appointees must comply with attendance requirements described in Fort
Collins Municipal Code Section 2-79. Appointees commit to attend any
required trainings and even suggested trainings that enhance a member’s
ability to serve.
15. Respect fellow members, staff, and the public by treating all with patience, courtesy, and
civility at all times during the performance of official duties, regardless of differences of
opinion.
16. Avoid making personal, impertinent, profane, vulgar, slanderous, humiliating,
intimidating, or harassing remarks that disturb, disrupt, or impede the conduct of the
meeting or the completion of the meeting agenda.
• Abusive language, intimidation, threats of violence or harm, or racial or ethnic
slurs directed at any person or group of persons are prohibited. Members are
expected to know that problematic behavior can cause the targets of the
behavior to feel threatened, humiliated, or intimidated and such conduct is
detrimental to the proper functioning of a public body. Members are expected Page 30
Item 1.
to avoid publicly ridiculing or insulting fellow members, members of the
public, and City staff.
17. Act in furtherance of the principle that healthy discourse occurs when individuals of
all backgrounds and personalities are allowed to respectfully speak candidly about
matters of interest, ask difficult questions, challenge ideas and propositions, and work
together toward optimal solutions in a respectful manner.
18. Explain to a person who engages in disrespectful treatment that the behavior is
disrespectful and, if they are comfortable doing so, ask that they discontinue the
behavior. If this does not stop the behavior, the person who believes they are being
treated disrespectfully is strongly encouraged to report the behavior using the process
described in Fort Collins Municipal Code Section _____________.
19. Report behavior that is disruptive, humiliating, intimidating, or threatening or otherwise
in violation of this code of conduct in the performance of City business, at City-
sponsored events, and in all interactions between members, City staff, or the public to
the staff liaison and the boards and commissions coordinator. Complaints of such
behavior will be processed following procedures in the Fort Collins Municipal Code.
Appointees may not be reappointed and are subject to censure or dismissal by the appointing authority
for misconduct, nonperformance of duty, or failure to comply with this Code of Conduct, applicable
policies, and the Fort Collins City Charter and Municipal Code.
I have read and understand the City of Fort Collins Code of Conduct and agree to abide by and
uphold this code to the best of my ability at all times while serving as an appointed or elected
official of the city.
I understand that I may not be reappointed, and may be suspended, censured or removed from
my appointment if my conduct falls below these standards.
Signature: Date:
Printed Name:
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Item 1.
WORKING DRAFT FOR DISCUSSION ONLY
1
Sec. 2-XX - Formal Complaint and Resolution Process.
(a) Definitions
1. Appointee shall mean any person who is serving on a Council-appointed board or
commission.
2. Colorado Open Records Act shall mean [insert cite here], as the same may be
amended from time to time.
3. Covered person shall mean any appointee or liaison.
4. Liaison shall mean the councilmember appointed to serve as council liaison to a given
board or commission.
(b) The City Council encourages any person who is a witness to a violation of the Code of
Conduct to immediately bring the violation to the attention of the City, in accordance
with the following procedures.
(c) Confidentiality and Privacy Interests.
(1) Covered person must be accountable to the City Council the City organization and
the public they serve. The public deserves to have access to some information
about complaints and complaint trends, but this must be balanced with the needs
of the parties to have a safe, fair, and impartial process with appropriate
confidentiality. The complaint resolution process is a confidential process. Those
involved in the complaint process must ensure that reporting parties can
communicate privately and confidentially with them in discussing their
complaints. Complaints and information about the investigation must be kept
confidential by all parties, witnesses, those who handle the complaints, and those
who recommend discipline or remediation, to the fullest extent possible.
Information received through the complaint process shall not be disclosed
pursuant to an open records request except in accordance with the Colorado Open
Records Act.
(d) Complaints.
(1) Any person who believes that a covered person has violated any provision of the
Code of Conduct may file a complaint with the City Clerk. Complaints may be
filed by any City board of commission member, a member of the public, a
member of City Council, a City staff member, a City contractor or vendor, or a
person whose employment gives them access to or contact with the board or
commission at issue.
(2) The complaint must contain all facts available to the reporting party regarding the
alleged violation.
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Item 1.
WORKING DRAFT FOR DISCUSSION ONLY
2
(3) No action may be taken under this section on any complaint that is filed later than
twelve months after discovery of the facts supporting an allegation that a violation
of the Code of Conduct has occurred.
(3) Upon receipt of the complaint, the City Clerk shall immediately notify the City
Manager’s Office, the covered person named in the complaint, the City Council,
and the City Attorney. Each complaint shall name only one individual as its
subject.
(4) The City Attorney or City Manager or their designee shall review the complaint to
determine whether the alleged misconduct falls within the scope and purpose of
the Code of Conduct and whether the complaint warrants investigation in light of
commonly known and documented facts and circumstances. If investigation is
warranted, the City Attorney shall develop facts relevant to the complaint and
interpret and apply the provisions of the Code of Conduct. The City Attorney
may select and retain one or more qualified attorneys to review complaints as his
or her designee.
(5) After investigation, the City Attorney shall issue written findings of fact and
conclusions of law to the City Council, which shall be filed with the City Clerk
and available for public inspection.
(d) Sanctions and Remedies for Violation.
(1) If the party conducting an investigation pursuant to this section finds that a
member has violated any provision of the Code of Conduct, the City Council may
take any of the following actions:
a. In the case of a liaison, a motion of censure or a motion to remove the
particular council member from the role of liaison;
b. In the case of an appointee, removal from the applicable board or
commission;
c. In the case of either a liaison or an appointee:
i. Issue verbal or written direction to cease the violative conduct;
ii. Direct (for appointee) or encourage (for liaison or appointee)
corrective training; or
iii. Require (appointee) or encourage (liaison) the violator to issue a
written or verbal apology to the reporting party if the latter
consents to such an apology.
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Item 1.
WORKING DRAFT FOR DISCUSSION ONLY
3
iv. Any other actions determined appropriate by City Council
d. While a violation of the Code of Conduct shall not constitute a violation of
the City Code, as such, this provision is not intended to impair or
supersede such other action as may be appropriate under applicable state
statutes, the City Charter, ordinances, resolutions, or rules and policies of
the City or City Council.
Page 34
Item 1.
1
Boards and Commissions Handbook
Last Revised: August 8, 2023
City Council
Jeni Arndt, Mayor
Emily Francis, Mayor Pro Tempore, District 6
Susan Gutowsky District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Manager
Kelly DiMartino
City Attorney
Carrie Daggett
City Clerk
Anissa Hollingshead
Public Engagement Coordinator – Boards and Commissions
Davina Lau DRAFTPage 35
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Table of Contents
INTRODUCTION TO CITY GOVERNMENT ............................................................................................. 3
Fort Collins’ Mission, Vision, and Values ................................................................................................................... 3
City Council and the Council-Manager Form of Government .................................................................................... 3
INTRODUCTION TO THE ROLES AND TYPES OF BOARDS AND COMMISSIONS............................. 5
General Overview of the Roles of Boards and Commissions .................................................................................... 5
Types of Boards and Commissions ........................................................................................................................... 5
Advisory Boards – Type 1 .......................................................................................................................................... 6
Advisory Boards – Type 2 .......................................................................................................................................... 6
Quasi-Judicial Commissions ...................................................................................................................................... 6
THE ROLES OF BOARD MEMBERS AND COUNCIL/STAFF SUPPORT CONTACTS ......................... 7
Board Members .......................................................................................................................................................... 7
City Council Liaison Role ........................................................................................................................................... 7
Staff Liaison Role ....................................................................................................................................................... 7
City Attorney Role ...................................................................................................................................................... 8
MEMBERSHIP RESPONSIBILITIES AND LIMITATIONS ........................................................................ 9
Orientation and Training ............................................................................................................................................. 9
Attendance Policy ...................................................................................................................................................... 9
Remote Participation ................................................................................................................................................ 9
Membership Limitations ........................................................................................................................................... 10
CONDUCTING BOARD/COMMISSION MEETINGS .............................................................................. 11
Election of Officers ................................................................................................................................................... 11
Conduct of Meetings ................................................................................................................................................ 11
Simplified Robert’s Rules of Order .......................................................................................................................... 11
Public Input ............................................................................................................................................................... 12
Open Meetings ......................................................................................................................................................... 12
Agenda ..................................................................................................................................................................... 14
Minutes ..................................................................................................................................................................... 14
Executive Sessions .................................................................................................................................................. 14
"Super Issue" Meetings ............................................................................................................................................ 14
REPORTING REQUIREMENTS – WORK PLANS AND ANNUAL REPORTS ...................................... 15
Work Plans ............................................................................................................................................................... 15
Annual Reports......................................................................................................................................................... 15
BOARDS AND COMMISSIONS YEARLY PLANNING CALENDAR ..................................................... 16
Periodic Review Schedule ....................................................................................................................................... 16
Promotional Guidelines ............................................................................................................................................ 17 DRAFTPage 36
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Frequently Asked Questions: .................................................................................................................................. 17
CONDUCT STANDARDS ....................................................................................................................... 19
Anti-Discrimination and Anti-Harassment Policy ...................................................................................................... 19
Ethical Conduct and Conflicts of Interest ................................................................................................................. 19
Conflicts of Interest ................................................................................................................................................. 19
Contracts with the City ........................................................................................................................................... 20
Disclosure of Confidences ....................................................................................................................................... 21
Gifts and Favors ...................................................................................................................................................... 21
Indemnification ....................................................................................................................................................... 21
Complaints .............................................................................................................................................................. 22
Abuse of Public Office ............................................................................................................................................. 23
Checklist .................................................................................................................................................................. 24
APPENDIX A: BREAKDOWN OF BOARDS AND COMMISSIONS ....................................................... 25
WELCOME
Welcome to the City of Fort Collins (the City)! Your selection as an active member of a board or commission provides
you with a valuable opportunity for genuine public service, and we thank you for your contribution. Although the specific
duties of each board or commission vary widely, there are certain responsibilities common to all board or commission
members. These guidelines will assist you in maximizing your contribution to our community through your service on a
board or commission. For ease of reference throughout this Manual, boards and commissions may at times be referred
to as a “board” or “boards.”
INTRODUCTION TO CITY GOVERNMENT
Fort Collins’ Mission, Vision, and Values
The City is a dynamic and continually evolving organization. However, the vision for the City, its mission, and its
core values remain a constant that help all employees focus on the primary goal: service to our community
members.
Mission: Exceptional Service for an Exceptional Community
Vision: We foster a thriving and engaged community through our operational excellence and culture of
innovation.
Values: Partnership | Service | Safety & Wellbeing | Sustainability | Integrity | Belonging
City Council and the Council-Manager Form of Government
The City Council is comprised of seven members, six of whom represent a geographic Council district for terms of
four years. The only exception is the Mayor, who is elected at large by the entire City’s electorate and serves a two-
year term. The Mayor and Councilmembers are elected in nonpartisan races. The Council itself selects its Mayor
Pro Tempore (Mayor Pro Tem) from among its six district representatives. The Mayor Pro Tem assumes the duties of
the Mayor in their absence.
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The City of Fort Collins is governed by the principles of the Council-Manager form of government, the most common
structure for governing municipalities in the Western United States. Under Fort Collins’ City Charter, the Council-
Manager system requires that elected officials (City Council), are responsible for policy decisions and for hiring and
supervising their direct employees: the City Manager, City Attorney, and Chief Judge. City Council serves as the
community’s legislative body, responsible for enacting City ordinances, appropriating funds to conduct City business
in the City’s formal budgeting process, and providing policy direction to City staff through the City Manager.
The City Manager is responsible for the day-to-day operations of the organization and gives direction to the staff
members who are their employees. Functions of the City Manager include but are not limited to:
- Implementing policy decisions and legislative actions taken by the City Council
- Making recommendations to City Council
- Overseeing the operations of the City
- Preparing the City Manager’s recommended City budget
The philosophy behind the Council-Manager form of government is to create an administrative organization that is
separate from the political process and which is run by professional staff members who are trained in municipal
government administration. The City Manager is thus responsible to the City Council for the actions of staff in each
of the City’s departments, except the attorneys in the City Attorney’s Office and Municipal Court staff.
City Council City Manager
Responsible for:
Policy Decisions
Day-to-day operations
Hires and Leads/Manages:
City Manager
City Attorney
Chief Judge
All other City staff
members/employees
(excl. Atty staff)
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INTRODUCTION TO THE ROLES AND TYPES OF BOARDS AND COMMISSIONS
General Overview of the Roles of Boards and Commissions
Details about each individual board may be found in Article III, Chapter 2 of the City Code or in Appendix A to this
handbook. The City Council may, by ordinance, establish appointive boards to advise on various issues and perform
functions as the Council may designate. An ordinance establishing each board defines the powers, duties, operating
procedures of the board and terms of offices for the board members. City Council ordinances may be amended at
any time through formal Council action. .
Boards are composed of community member volunteers appointed by the City Council. The role of most of these
boards and commissions is to advise City Council on issues related to a specific subject matter. They assist the Council
in its policy-making role by reviewing issues or proposals and providing recommendations to City Council about actions
that it is considering. Examples of this kind of work might include reviewing proposed master plans, ordinances, or
other projects and providing a community member viewpoint on proposals. In addition to this advisory role, specific
boards designated as “quasi-judicial” are each vested with certain decision-making responsibilities such as building
and development in the community. The three types of boards and commissions are explained in greater detail in the
City Code §§2-100 through 2-178.
In addition to the regular functions of all boards and the duties specified in the City Code for each individual board,
boards are authorized to participate on a case-by-case basis in the review, discussion, and advisement of Council
regarding any policy or program matter upon the request of the City Council or the City Manager. Participation includes
“Super Issue” meetings which engage a cross-section of board members in discussions of broader policy issues and
interests of the City.
The following organizational chart situates boards and commissions in a reporting relationship to City Council to
denote that they exist to assist Council with their policy development responsibilities.
Types of Boards and Commissions
As explained above, boards and commissions are established for the purpose of reviewing information and making
City Council
City Attorney City Manager
Staff
Chief Judge
Boards and Commissions
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recommendations to City Council and City staff on City policy issues. Specific duties and functions are established
individually for each board or commission. Most boards and commissions are advisory to the City Council and/or City
administration. Boards and Commissions are divided into three categories as follows:
Advisory Boards – Type 1
Type 1 advisory boards make recommendations to the City Council and City staff on particular areas of
knowledge or expertise. Recommendations made by advisory boards are formal opinions to the City Council
on items and subjects that are on the boards’ approved workplans. These recommendations are limited to
advisement and are not policy setting.
- Affordable Housing Board
- Air Quality Advisory Board
- Disability Advisory Board
- Economic Advisory Board
- Energy Board
- Land Conservation and Stewardship Board
- Natural Resources Advisory Board
- Parks and Recreation Board
- Senior Advisory Board
- Transportation Board
- Women and Gender Equity Board (pending)
- Youth Advisory Board
Advisory Boards – Type 2
In addition to serving an advisory function to the City Council and City staff, the assigned functions of Type 2
advisory boards give them the authority to make decisions on certain matters specified in the City Code. These
decisions then serve as formal recommendations to City Council or City staff for their consideration and
adoption.
- Art in Public Places Board
- Citizen Review Board
- Cultural Resources Board
- Human Services and Housing Funding Board
Quasi-Judicial Commissions
Quasi-judicial commissions are non-judicial bodies that use formal procedures to objectively determine facts,
interpret the law, and draw conclusions to provide the basis of an official action. Decisions of quasi-judicial
commissions are subject to appeal to the City Council or the courts.
- Building Review Commission
- Historic Preservation Commission
- Human Relations Commission
- Land Use Review Commission
- Planning and Zoning Commission
- Water Commission
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THE ROLES OF BOARD MEMBERS AND COUNCIL/STAFF SUPPORT CONTACTS
City Councilmembers and City staff serve a variety of roles and provide several resources for board and commission
members. The following subsections detail the roles of board members, City Council Liaisons, Staff Liaisons, the City
Attorney, and the City Clerk in the operation of the City’s boards and commissions.
Board Members
Members of all City boards and commissions are expected to contribute to the roles and functions ascribed to the
board by ordinance of the City Council. These duties will vary based upon the purpose of each individual board, but
individual members are integral to each board or commission’s ability to serve its purpose effectively and efficiently.
Particularly in the context of a City Council meeting, board members making recommendations or expressing views
that have not been approved by a majority of the board should indicate they are expressing individual opinions and
are not speaking on behalf of the board or the City. Please see the Conduct Standards attached hereto and
incorporated herein by reference as Appendix _(?_).
Public statements made with the required approval of the majority of the board or commission at a public meeting
should be within the scope of the functions assigned to the board or commission and should not contain assurances
or statements that may be construed to be binding on a board, staff, or the City Council. When making a public
statement, members should remind listeners that board actions are recommendations (unless otherwise provided by
law) and that final action will be taken by the City Council. Remember that your actions and statements as a board
member assume special significance, and if not responsibly discharged, could result in a situation detrimental to the
City’s best interests.
City Council Liaison Role
Every two years, following the election of Councilmembers, the Council selects its liaisons to the boards. City Code §2-
82 and §2-568 (8) describe the role of a City Council liaison, which is summarized below:
• Communicating with the board when Council communication is needed and serving as the primary two-way
communication
• Taking the lead in filling vacancies by reviewing applications and conducting interviews with candidates
• Making decisions about recommendations for appointment keeping in mind the need for fresh perspectives
and not primarily on liaison’s personal preferences
• Serving as the primary Council contact for the board
• Helping to resolve questions the board may have about the role of Council, municipal government, and the
board
• Establishing contact with chair and effectively communicating the role of the liaison
• Reviewing the annual work plan of the board and making recommendations to Council regarding the work
plan
• Identifying and helping to resolve any problems with the support of CCO, CMO, CAoO and staff liaison that may
exist with respect to the functioning of the board
• Deciding whether to grant a request from their assigned board to hold a joint meeting with other boards
With respect to any Councilmember serving as a liaison to a board or commission, such Councilmember must not
direct the board in its activities or work. A liaison’s role is to serve as a contact rather than an advocate for or ex-officio
member of the board or commission.
Staff Liaison Role
Each board is assigned a staff member as a liaison for the board and are responsible for the following tasks, including
but not limited to: DRAFTPage 41
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- Uploading yearly meeting dates to the Event Calendar on www.fcgov.com.
- Preparing the agenda and reviewing it with the chair prior to distribution.
- Sending the meeting agenda to the City Clerk’s Office
- Recording meeting minutes. Board members shall not be responsible for recording meeting minutes to allow
said members to actively participate in the meeting. The length and content of minutes will vary with the
needs and legal requirements of each board.
- -Distributing a copy of the approved minutes to the Boards and Commissions Coordinator.
- Handling logistics regarding meeting scheduling and setup.
- Coordinating the board’s annual work plan.
- Ensuring new members are oriented to the board, including procedures and projects.
- Tracking attendance and volunteer hours through Engage or other approved software and submitting a
monthly confirmation to the Boards and Commissions Coordinator.
- Ensuring the election of officers is held during May or June of each year and informing the Boards and
Commissions Coordinator of the results of each election.
- At the request of the Boards and Commissions Coordinator, providing information to the board regarding
policy changes and distributing updated information to all members.
- Notifying the City Clerk’s Office when a member resigns, or a vacancy exists for other reasons.
- Advising board or commission members if a planned action is impermissible or inadvisable.
- Advising appropriate City staff if a board or commission’s planned action does not align with City Code or
policy.
- Staying apprised of City department budget for support of assigned board or commission and making
expenditure decisions consistent with the board or commission’s annual work plan.
It should be noted that staff liaisons are not authorized to:
- Override a decision of the Council liaison (regarding a request by the board).
- Serve as a resource for projects not on the board’s work plan.
- Serve as a communications link between the City Council and board members. (This is the role of the
Council liaison.)
City Attorney Role
The City Attorney is the legal advisor to the officers and employees of the City in connection with their roles in the
organization. There are several attorneys in the City Attorney’s Office, each with areas of assignment, and an attorney
is assigned to advise each board and to assist the staff liaison, chair, and members of the body with legal questions
and concerns. They also provide appropriate training.
City Clerk Role
The City Clerk supports the organization by maintaining City records; producing and distributing City Council agendas
and minutes; administering the boards and commissions program; maintaining the City Code, Land Use Code, and
Traffic Code; and conducting municipal elections. The Clerk’s Office also responds to citizen inquiries for
information, proactively provides information via the City’s website, and administers liquor and medical marijuana
business licensing.
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MEMBERSHIP RESPONSIBILITIES AND LIMITATIONS
Orientation and Training
City staff provides yearly training on the structure and operation of City government and the legal and ethical duties
and responsibilities of board members. All members of City boards are required to attend the training, either in person
or in such other fashion as the City Clerk’s Office, City Manager and City Attorney may deem appropriate (such as
viewing a training video). This requirement must be fulfilled within six months of the appointment of any member.
Board and commission members are required to review the organization-wide volunteer handbook which can be
found at https://www.fcgov.com/volunteer/pdf/volunteer-handbook-2015.pdf?1449784884. They are also
required to review and become familiar and comply with the Anti-Discrimination and Anti-Harassment Policy and
Conduct Standards attached to this Manual and complete the online training assigned..
Attendance Policy
Upon the effective date of appointment, board members are obligated to attend meetings. A “meeting” shall mean
any gathering of a quorum or three or more members of any board of the City, or any committee of such board, at
which any public business is discussed or at which any formal action may be taken but shall not mean any chance
meeting or social gathering at which the discussion of public business is not the central purpose. (City Code § 2-71)
If a member fails to attend regular board or commission meetings, the chair of the board (of if the chair is the person
experiencing the attendance problems, then the vice chair) should contact the Boards and Commissions Coordinator
in the City Clerk’s Office so that they can work with the Council liaison to the affected board to address the issue. Any
of the following shall automatically cause a member’s appointment to be terminated and shall create a vacancy on
the board:
-Two absences from regularly scheduled meetings of the board, if prior to the meetings where the absences
occurred, the member did not submit written notification (an e-mail is sufficient) of such absences to the staff
liaison.
-Absences from more than 25% of the regularly scheduled meetings of the board in any calendar year, with or
without written notification (an e-mail is sufficient) to the staff liaison.
-For subcommittee meetings of the Citizen Review Board, two consecutive absences from scheduled
subcommittee meetings or three absences from scheduled subcommittee meetings in a calendar year, if prior
to the meetings where the absences occurred, no written notification (an e-mail is sufficient) of any such
absence has been submitted to the staff liaison.
If a vacancy occurs by reason of this policy, the staff liaison shall immediately notify the City Clerk’s Office. If the
vacancy creates a quorum issue, a special recruitment may be conducted and the vacancy filled by the City Council.
The City Council may approve an exception to these attendance requirements for good cause shown if the affected
board member files a written request with the City Clerk's Office prior to an absence that would trigger a vacancy
under this policy.
Remote Participation
Detailed requirements about boards and commissions holding remote meetings are found in Fort Collins Municipal
Code §2-73 and summarized partially below. Board and commission members must comply with these requirements.
•Quasi-judicial meetings may be conducted in whole or in part by remote technology. However, a member must
be present in person to participate in and vote on quasi-judicial matters.
•For boards and commissions that are not quasi-judicial, meetings may be conducted in whole or in part by
remote technology. Remote participation of a member will count towards establishing a quorum and remote
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Membership Limitations
The following limitations and requirements (City Code § 2-76) are applied to board membership):
- No person may serve on any one board for more than eight consecutive years. If a vacancy occurs on a board,
it shall be filled by the City Council for the remaining unexpired portion of the term unless otherwise specified
by the City Council.
- No person will be appointed by the City Council to serve concurrently on more than one board. This limitation
does not apply to committees deemed to be temporary in nature.
- All persons appointed, or reappointed, to any board shall reside within the Fort Collins Growth Management
Area during their service on the board. Any member serving on a board who relocates outside of the Growth
Management Area during their term of service on a board, regardless of their date of appointment or
reappointment, shall resign their membership. These limitations shall not apply to applicants for, or members
of, the General Employees Retirement Committee or the Affordable Housing Board appointees made by the
Housing Catalyst.
- Service by employees on any board or commission referenced in Division 2, 3 of 4 of the Article III of the Fort
Collins Municipal Code is governed by the City’s Personnel Policies.
Boards do not have the authority to add additional members to the board or invite members of the public to sit on
subcommittees.
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CONDUCTING BOARD/COMMISSION MEETINGS
Election of Officers
The election of officers should be held each year during the regular meeting in May or June or at such time as any
annual appointments become effective. This time frame follows the annual appointment of new members before
officer elections. The Clerk’s Office suggests that new board members attend at least one meeting prior to election
of officers taking place.
Conduct of Meetings
It is important that boards conduct their meetings in a manner that is procedurally effective, efficient, and equitable.
Fort Collins’ City Code specifies that “each board or commission shall conduct its business in accordance with the
Charter and the Code” and that “additional procedures and requirements for boards and commissions may be listed
in a Boards and Commissions Manual [the present document]” (City Code § 2-78).
The City Code provides that all type 2 advisory boards and quasi- judicial commissions may adopt rules of procedures
which are not inconsistent with the Charter, the Code or other policies that may be established by the Council,
including this Manual, and must be submitted to the City Attorney’s Office for review prior to adoption. Boards or
commissions that wish to adopt rules of procedure should work with their staff liaisons and the City Attorney’s Office
to prepare or amend rules of procedures. A copy must be filed with the City Clerk for City Council reference
immediately after adoption, and they may be subject to the approval of the City Council. Boards and commissions no
longer have bylaws, as the City Code governs the subjects that would typically be included in the bylaws of a board.
The Rules of Procedure described in this section of the Boards and Commissions manual are a simplified version of
Robert’s Rules of Order. The instructions and information that follow are by no means a comprehensive guide, but
they should orient new board and commission members to the general rules of procedure used by many boards and
commissions. Staff liaisons and board/commission chairs will explain these in more detail at each meeting with new
board and commission members, including any modifications to the procedures included here.
Rules of Procedure
The following Rules of Procedure should help boards and commissions facilitate meetings more effectively by
requiring the board or commission to consider one item at a time and ensuring that everyone who would like
to speak may do so.
The chairperson of each board will facilitate by calling the meeting to order, presenting items for the group to
consider based on the agenda, ushering the group through the agenda, and concluding the meeting when all
business on the agenda has been considered by the group.
In general, board and commission members participate in meetings by one person making a motion and, if a
second person seconds the motion, engaging in discussion about the item and then taking a vote of all
members. Amendments to a motion may also be made. The following table describes these actions in greater
detail.
Motion Meaning
Second Motions require that a second member of the group agrees to
consider the proposal to ensure that it is meaningful to more than
one person.
Amend If a member would like to slightly change the wording of the item
being debated, the member may state, “I move that we amend the
item by…” and indicating the exact changes they would like the
group to consider. In order for the approved amendment to be
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member of the group and then voted on. If the motion to amend
passes, then the original motion has been successfully amended,
but separate debate and voting on the original motion (as newly
amended) is still required.
Participate in Debate Any time the chair introduces an item for the group’s consideration,
all board and commission members are invited and encouraged to
provide make a motion. Once a motion is made and seconded or a
motion is amended as described above, the chair will call on board
members who wish to speak, and the group will discuss and debate
the motion until all who wish to speak have spoken and a vote
takes place. Importantly, chairs of City boards are permitted to
participate in the debate of matters considered by the board and
to vote on all motions made to the same extent and with the same
effect as other members.
Voting on a Motion The five methods used to vote are:
By Voice – The Chair asks those in favor to say, “aye”, those
opposed to say “no”. Any member may move for an exact count.
By Roll Call – Each member answers “yes” or “no” as their name is
called. This method is standard, and each vote must be recorded
(Sec. 2-78 “A record shall be made of each vote by which a board
or commission takes formal action.”). Roll call is required if there
are any remote participants of boards/commissions present.
Public Input
Each board shall, at or near the beginning of each of its regular meetings, afford members of the public an opportunity
to speak to any matter coming within the purview of the board, regardless of whether such matter is scheduled for
consideration at that particular meeting. Time limitations may be imposed by the chair of the board on such public
input as necessary to conduct the business of the board in a timely and efficient manner.
Open Meetings
Open to Public
The City Code specifically requires that all meetings of a board, and all meetings of any committee of a board, shall
be open to the public at all times. The only exception to this rule is when the board is meeting in a validly convened
executive session, in which the board is permitted to meet privately to discuss certain, specific matters described in
the City Code.
The term “meeting” is defined as a gathering of a quorum or three or more members, whichever is fewer, of any
board, or any committee of such board, at which any public business is discussed or at which any formal action may
be taken. It is important to remember that the open meeting requirements apply to more than just in-person
gatherings. They also apply to telephone conference calls, social media communications, or any other means of
communication where communication between more than two members about any public business takes place.
However, the term “meeting” does not include a chance meeting or social gathering at which the discussion of public
business is not a central purpose.
Board and commission members must avoid email exchanges that discuss public business or any matter related to
their City Council-established functions, unless it is a one-on-one dialogue or regarding scheduling. Board or
commission business should not be conducted outside of meetings. An email exchange between two board or
commission members may be subject to disclosure under the Colorado Open Records Act.
Notice Requirement
The notice requirement for meetings is slightly different from the public openness requirement. Full and timely notice
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or quorum is in attendance or is expected to be in attendance or at which formal action could be taken. Therefore, a
gathering of three members of a seven-member board to discuss board business would be open to the public but
there would be no notice requirement if a quorum of the board was not expected to be in attendance and no formal
action to occur.
The City Code defines full and timely notice for regularly scheduled meetings as providing a statement with the City
Clerk’s Office with the regular meeting dates, times and locations. For special meetings, irregularly scheduled
meetings, or rescheduled meetings, notice of the meeting must be filed with the City Clerk’s Office and posted at
least 24 hours before the time of the meeting. The City’s website is designated as the proper place for the posting of
public notice of any meetings of any City boards or their committees, for which public notice is required to be given
by the provisions of the Code. When possible, such notices should also be available at the City Clerk’s office at City
Hall West, 300 Laporte Avenue. All meeting notices shall include information about the availability of agenda
materials. The staff liaison for each board, or their designee, shall be responsible for the posting of such notice.
Quorum Requirements
For a board to conduct any business or take any formal action, it is necessary that a quorum of the membership be
present at the meeting. A quorum consists of the majority of the total number of members specified by the City Code
to comprise the board. This quorum requirement does not change even if a position on the board is vacant, and the
City Council has not yet appointed a replacement. If a quorum is not present for a meeting, those present can adjourn
the meeting to a later date and time. Unless otherwise provided in the City Code, members present at the meeting by
remote technology shall be counted toward establishing a quorum and may participate and vote in non-quasi-judicial
portions of meetings. Attendance by remote technology for purposes of establishing a quorum or participating and
voting in the meeting is not permissible in quasi-judicial portions of meetings. The quorum for a board subcommittee
shall be a majority of those appointed to the subcommittee unless the Charter, City Code, or the board establishing
the subcommittee specifies otherwise.
How Many Members Constitute a Quorum?*
Four members
**These boards and commissions have 7 members, and a
quorum is the four-member minimum majority of membership
- Affordable Housing Board
- Art in Public Places Board
- Citizen Review Board
- Cultural Resources Board
- Building Review Commission
- Planning and Zoning Commission
- Land Use Review Commission
- Women and Gender Equity Board (pending)
Five members
**These boards and commissions have 9 members, and a
quorum is the five-member minimum majority of membership
- Air Quality Advisory Board
- Disability Advisory Board
- Economic Advisory Board
- Energy Board
- Land Conservation and Stewardship Board
- Natural Resources Advisory Board
- Parks and Recreation Board
- Senior Advisory Board
- Human Services and Housing Funding Board
- Historic Preservation Commission
- Human Relations Commission
- Water Commission
*Because the Youth Advisory Board (“YAB”) may change in size from time to time, a quorum for the YAB
shall be dependent on the number of the appointed board members at the time of the meeting. A
quorum for the YAB shall be a majority of the number of appointed board members.
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Agenda
The staff liaison is responsible for creating and distributing the agenda with relevant supplemental documents and
presentations for any meeting of a board (or committee of a board). The agenda must be open to public inspection,
and a copy must be filed with the City Clerk. A summary agenda must also be filed with the City Clerk’s Office.
Minutes
The staff liaison or their designee is responsible for taking minutes at any meeting of a board (or committee of a
board) at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or
could occur. The minutes must be open to public inspection, and a copy must be filed with the City Clerk upon
approval. Section 2-75 of the City Code requires that approval of minutes shall occur no later than the next regular
meeting of the board or committee, except in those instances when an audio or video recording has been made and
maintained. Discussions that occur in an executive session shall be subject to the same audio recording requirements
and related procedures and regulations as are contained in Section 2-33 of the City Code pertaining to executive
sessions of the City Council and its committees. The minutes of a meeting during which an executive session is held
shall reflect the topic of the discussion at the executive session.
Approval of Minutes
Board members are responsible for approving the previous meeting’s minutes at each regular meeting. If
board members would like to make any additions, deletions, or corrections to the minutes, they should
present these changes during the agenda time slotted for approving the minutes. A motion should be made
and seconded to approve the minutes of the last meeting as amended. The minutes should contain the
date that they were approved by the board.
Executive Sessions
The holding of an executive session is the only time that a meeting of a board may lawfully be conducted privately.
Because of the strong interest in maintaining an open and public government, the City Code and the courts have
strictly limited the use of executive sessions to certain predetermined situations involving sensitive or private
information (i.e., ongoing litigation, conflicts of interest, property acquisitions, personnel matters, competition in the
electric utility industry, etc.). For most boards, the use of executive sessions is rare, and board members should obtain
advice in advance from their City staff liaison and the City Attorney’s Office if they contemplate holding an executive
session.
“Super Issue” Meetings
The City Code sets out a process for engaging boards and commissions in discussion of broader policy issues and
matters not specifically identified in the stated function of each board or commission. These meetings have been
dubbed “super issue” meetings, providing an opportunity for boards and commissions to come together to learn
about and discuss key topics or issues.
All members of boards and commissions are invited to attend super issue meetings. No formal action is taken at
these meetings. It is possible that three or members of any particular board or commission may be in attendance at
these meetings. Meetings are open to the general public; however, the public is invited to observe but not participate.
Currently, super issue meetings are scheduled on an as-needed basis.
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REPORTING REQUIREMENTS – WORK PLANS AND ANNUAL REPORTS
Work Plans
The City Code requires all boards to file work plans on or before November 30 for the following year. Work plans are
filed with the City Clerk.
Work plans should set out major projects and issues for discussion for the following year. Timelines and scopes of
review should be provided when possible. If appropriate, a prediction of the action the board plans to take should be
included. Work plans should be concise and easily readable. The City Council will review the work plan for each board.
It is important for work plans to include all items that the board or commission intends to work on due to the additional
administrative processes that must take place when boards request City staff support for items not listed on their
annual work plans. To request that staff initiate and dedicate time to policy investigation, consideration of an
ordinance, or other significant projects not on the board’s work plan:
- The request must be supported by a majority of the entire board.
- If a majority agrees, the board should first contact the City Manager and Council liaison.
- The City Manager and Council liaison will work with the board to seek direction from the Council
subcommittee or the full Council on the appropriateness of the request and will provide direction on whether
staff should proceed.
Annual Reports
Each board is required, by City Code, to prepare an annual report on or before January 31 of each year for the previous
year.
Annual reports should directly correspond to the work plan prepared by the board for the year. The status of each
item identified on the work plan should be included, along with other items of business conducted by the board.
Annual reports are filed with the City Clerk for distribution to the City Council.
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BOARDS AND COMMISSIONS YEARLY PLANNING CALENDAR
The following calendar summarizes annual deadlines and functions:
Board/Commission Deadlines
January Annual Report due January 31 (Required by City Code)
February Interviews for new board and commission members
March Appointment of new members
April
Schedule Periodic Review to meet June or July deadline
(NOTE: This is required once every 4 years per board – Clerk’s Office will contact
applicable boards)
May Election of officers (May or June)
July Review adopted Council Priorities and Initiatives
August Begin creating or modifying Work Plans
September Annual Review begins in September
October Annual Informational Session Event (TBD)
November Work Plan due November 30 (Required by City Code)
December
Begin working on the Annual Report
Recruitment opens
Note: This calendar is not meant to be all-inclusive.
Annual Review Schedule
The Public Engagement Specialist in the City Clerk’s office will begin a high-level review and assessment of boards
and commissions in September. A report will be provided to City Council.
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COMMUNICATION, MEDIA, AND PROMOTIONAL EVENTS
The City’s Communications and Public Involvement Office (CPIO) may offer support to Boards when public education
or promotion is outlined as a function of a Board’s duties as outlined in the City Code. Before a board may seek the
support of the CPIO, it must have the prior consent of the staff liaison in their sole discretion.
According to Article III of Chapter 2 of the City Code, the following boards and commissions have Council-designated
public education or promotional functions:
- Affordable Housing Board
- Disability Advisory Board
- Human Services and Housing Funding Board
- Human Relations Commission
- Historic Preservation Commission
- Natural Resources Advisory Board
- Parks and Recreation Board
- Senior Advisory Board
- Youth Advisory Board
If you have questions about whether the proposed outreach is within the scope of your authorized functions under the
City Code, your staff liaison should contact the City Attorney’s Office for guidance.
Promotional Guidelines
If the City Code permits a Board to engage in promotional activities set forth in these guidelines, members must work
through their staff liaison to discuss publicity options and whether there are City budget dollars available to City staff
before issuing any promotion, advertising, marketing materials, or similar communications.
If the staff liaison determines it is warranted, they may contact CPIO for review/approval of any communication,
including both content and graphics, that will be external facing. Unfortunately, CPIO does not have funding for
advertising, marketing materials or other paid promotional requests for individual Boards. CPIO may decline requests
for promotional support due to time constraints and lack of capacity. If CPIO cannot offer support, CPIO may approve
and recommend consulting a third party on a case-by-case basis.
Frequently Asked Questions:
Can Boards pursue social media communications?
- Individual social media accounts are not permitted for individual boards and commissions. Boards
are encouraged to work with their staff liaisons to have City sponsored/approved content shared on
existing, established City social media accounts.
How can Boards communicate through webpages?
- Boards should utilize their current City Boards webpage instead of creating external webpages.
How can Boards promote events?
- Boards are encouraged to create flyers or other promotional materials in coordination with their staff
liaisons and link them to their existing City Boards webpage as the City does not create individual
webpages for such events.
How can Boards request video?
- Video requests should be coordinated through your staff liaison and FCTV.
How can Boards request photography or posters for public events?
- Boards can file requests through their staff liaison, and assistance from CPIO will depend on capacity
and availability. DRAFTPage 51
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How do Boards secure funding for outreach?
- Funding, if available, is the responsibility of the staff liaison’s department.
How can Boards pursue advertising services?
- If the budget provides funding for Board activities that are permitted by their charter, the Board may
pursue advertising, working with the staff liaison. Any advertising involving the City organization
should always be reviewed by CPIO.
How should Boards use their logo?
- If communication comes directly from a Board (rather than some other part of the organization), the
City Board logo should always be used.
Can Boards advocate for the passage or defeat of a state or local ballot issue?
- Once a measure has been placed on the ballot, no Board can use public funds, resources, or City
time to advocate for passage or defeat of the measure, including City equipment, materials or staff
time. This does not apply to personal activities of Boards members on their own time when not
representing the City.
What are the guidelines for boards hosting an educational or promotional event?
- For event booking, Boards are strongly encouraged to prioritize City venues over spaces managed by
other organizations. City venues meet various accessibility standards that alternative facilities may
not meet. City venues also have a vetted audio/visual setup, which decreases the likelihood of
technical complications or limitations. Please consult the list of available rental facilities and spaces
for booking details for City venues. DRAFTPage 52
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RULES OF CONDUCT
The success or failure of the efforts of a board often depend on cooperation among the individual members of the
body, other board members, City staff, and the public. City boards and commissions are comprised of individuals
with diverse backgrounds with different communication styles, and members should be sensitive to the physical
differences, sexual orientation, gender expression, political ideology, and even different personalities in their
group. Expectations about how appointed members should conduct themselves are described in the Conduct
Standards. The process for filing complaints or seeking resolution under the Conduct Standards in described in
the Fort Collins Municipal Code § .
Members shall not make personal, impertinent, profane, vulgar, slanderous, intimidating, or harassing remarks
that disturb, disrupt, or impede the conduct of the meeting or the board or commission’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or ethnic slurs directed at any person or
group of persons, are prohibited.”
All board and commission members are expected to abide by the standards set forth in the organization’s Anti-
Discrimination and Anti-Harassment Policy, revised in 2023, City Council’s rules for their own meetings, and the
City’s guidelines for ethical conduct regarding conflicts of interest.
Anti-Discrimination and Anti-Harassment Policy
In February 2019, the City Council adopted the Respectful Workplace Policy. The policy addresses respectful conduct
by City Councilmembers and by those appointed by City Council (including direct report employees and board and
commission members). In 2023, the Council considered and approved amendments to that policy, including a change
to the name of the policy to the Anti-Discrimination and Anti-Harassment Policy (“ADAHP”). The ADAHP establishes the
City Council’s policy related to harassment, discrimination, and retaliation; the process to be followed when a
complaint is made; and the alternatives available for a complaining party to report an alleged violation of the Policy.
It identifies possible outcomes or options available in the event harassment is substantiated. The ADAHP shown in
Exhibit B is attached hereto and incorporated herein by this reference.
Ethical Conduct and Conflicts of Interest
The members of City boards are subject to certain rules of ethical conduct established by the City Charter and Code.
The following summary highlights the primary areas of concern addressed by these rules. Members should read and
become familiar with the Ethical Rules of Conduct in their entirety, which apply to all board and commission members,
and are found at Fort Collins Municipal Code §§2-568 and 569. When in doubt, a board member should consult with
the City Attorney’s Office for clarification of any applicable regulations. Also, a board’s Council liaison is permitted
under the City Code to submit an inquiry to the Ethics Review Board on behalf of a board member for an advisory
opinion and recommendation. Ultimately, each member is responsible for their own compliance with all applicable
laws and regulations.
Conflicts of Interest
A board member must refrain from voting on or attempting to influence any decision in which they have a
financial or personal conflict of interest. Additionally, when a conflict exists under the rules contained in the
City Charter, the member should file with the City Clerk’s Office a written statement of disclosure as soon as
the conflict of interest is discovered. A copy of the disclosure form is included with these materials and
additional forms may be obtained from the City Clerk’s Office.
Generally, a board member has a financial interest in a decision when the decision entails some foreseeable,
measurable financial benefit to the individual member or relative.
Even if a member does not have a financial interest in a decision or recommendation, a personal interest
may also create a conflict of interest. The test for a personal interest is whether, in the judgement of a
reasonably prudent person, the board member would realize or experience some direct and substantial
benefit or detriment different in kind from that experienced by the general public. In applying this test in a DRAFTPage 53
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business context, a board member should check with the City Attorney’s Office before participating in any
decision which directly and substantially benefits a business in which the member either has a substantial
financial interest or is engaged as a consultant or representative. Or, if a decision of the City might directly
and substantially affect a particular business to its economic detriment, and a board member has a
substantial financial interest in a competing firm, the member should also exercise caution in deciding
whether to participate in the decision.
In any action in which a board member declares a conflict of interest, that member shall not communicate to
or attempt to influence the board regarding that item, in any capacity, except that:
- The member may communicate with the board to protect a strictly personal interest, in the same
or similar ways in which the public is permitted to communicate with the board;
- The member may prepare materials on behalf of another for a project in the normal course of
business or operation, so long as the purpose of those materials is not directly and substantially
related to advocacy before the member’s board. Those materials may be included in materials
submitted by another to said member’s board so long as they fall within this exception. For
example, such materials may include architectural plans, technical studies, and engineering
designs.
- If a member has declared a conflict of interest in a matter in accordance with the City Charter and
City Code, and so is prevented from participating in or influencing the decision of the board, the
member may request a variance from these limits from City Council, in the following
circumstances and manner: the member must submit a variance request to the City Clerk on a
form provided by the Clerk, the member must demonstrate that without the variance, the member
would suffer hardship, and that no reasonable alternative exists that would allow for the hardship
to be avoided or substantially mitigated, and the City Council must act by resolution to approve or
disapprove the variance.
- These limitations do not apply to other members, partners, or other parties of the member’s firm
or entity, who may continue to work on the project and may advocate to the member’s board,
provided that the member has declared the conflict of interest and refrains from participating in
the matter consistent with the applicable limitations.
Nothing prohibits a board member from interacting with City staff regarding a particular matter, after declaring
a conflict of interest regarding that matter, so long as the member is not:
- Acting in their role as a board member; or
- Seeking special consideration, treatment or advantage in the interpretation, administration, or
enforcement of the Charter, Code, any City regulation, policy, or program or in the provision of
public services.
If a board member has declared a conflict of interest, the disclosure of related confidential information to that
member is prohibited.
Certain exceptions to the general rules pertaining to financial and personal conflicts of interest are contained
in Article IV, Section 9(a) of the City Charter.
Contracts with the City
The Charter prohibits board members and their relatives from having a financial interest in sales to the City,
but only if they exercise, directly or indirectly, any decision-making or supervisory authority regarding the goods
or services to be sold to the City. (City Charter art. IV, § 9).
As to purchases from the City, such purchases are permitted only when the property is offered for sale at an
established price and not by bid or auction, and the purchase must be on the same terms and conditions as
would be available to all members of the general public. DRAFTPage 54
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Disclosure of Confidences
Board and commission members sometimes receive confidential information from City staff, including but
not limited to attorney-client privileged communications. Such information must not be disclosed to any
person who is not an officer or employee whose official duties are unrelated to the subject matter of the
confidential information. Also, such information should not be used for the private benefit of the board
member or any other individual. Additionally, disclosure of the information is prohibited and permissible in
specific circumstances described in City Code § 2-568.
Gifts and Favors
The acceptance of honoraria (compensation for speech or participation in public events as an official of the
City) is prohibited. The acceptance of any other gift or favor from persons doing business with the City or
desiring to do business with the City is also prohibited if the gift or favor might reasonably be construed as
compensation for an official decision or as something that would tend to impair the board member’s
independence of judgment in the performance of their official duties. The following specific items are
excluded from the definition of prohibited gifts or favors and may be accepted:
- Nonpecuniary (non-monetary) awards presented by a nonprofit organization in a public setting
and in recognition of public service.
- Reimbursement for expenditure for travel-related expenses and subsistence at which a member
is scheduled to participate.
- Reimbursement or acceptance of an opportunity to participate in a social function or meeting
offered to the member and which is not extraordinary when viewed in the light of the position held
by the member.
- Perishable or nonpermanent items that are insignificant in value, such as meals, lodging, travel
expenses, and tickets to sporting, recreation, educational or cultural events valued at no more
than $74.
- Payment of salary.
- Campaign contributions reported as required by Chapter 7, Article V of City Code.
For more information, see City Code § 2-568(c)(4).
Indemnification
Board and commission members may face the possibility of lawsuits being filed in connection with their
actions taken as board or commission members. In certain circumstances described in City Code, the City is
obligated to pay the costs of defense of such suits and to pay for all judgments and the settlement of claims.
In general, the risk of a lawsuit is reduced when members act within the scope of their power granted by the
City Code, engage in informed and deliberative decision-making, consult with City staff as necessary, and
operate within their ethical obligations. See City Charter art. IV, § 9 and City Code § 2-568 and 2-611.
This protection does not apply when:
- A member acts outside of their official capacity or outside the scope of powers granted to the
member by the City Code.
- A member acts in a willful or wanton manner, meaning the member’s conduct is purposefully
committed and the member realizes the conduct is dangerous, done heedlessly and recklessly
without regard to consequences or of the rights or safety of others.
- A member compromised or settled a claim without the City’s consent.
- A member fails to notify the City of a lawsuit within 15 days of service if the City is not a named
party.
- The claim against the member is criminal or related to a contract issue.
A complete list of exceptions to this protection can be found in City Code section 2-611(1) – (7). For more
information, members may contact the City Attorney’s Office. DRAFTPage 55
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Ethics Complaints
Any Councilmember may ask the Ethics Review Board to evaluate an inquiry related to how ethical rules of
conduct apply to any actual or hypothetical situation of a Councilmember or board member.
In addition, any person who believes a board member has violated any provision of state law, the Charter or
Code pertaining to ethical conduct may file a complaint with the City Clerk, who shall immediately notify the
chairperson of the Ethics Review Board, the board member named in the complaint, the City Council and the
City Attorney. Each complaint shall name only one board or commission member as its subject.
The City Clerk must schedule the complaint for consideration by the Ethics Review Board as soon as
reasonably practicable. The Review Board will meet and consider the complaint within thirty (30) working days
after the date of filing of the complaint. If extenuating circumstances arise in the scheduling and preparation
for such meet the Review Board must meet as soon as reasonably practicable.
The City Clerk gives written notice of the scheduled meeting for initial review of the complaint to the board or
commission member named in the complaint, as well as the complainant, the chair of the board or
commission of which the subject of the complaint is a member, and the City Council, at least three (3) working
days prior to the meeting. A notice of the complaint, including the identity of the complainant, is also posted
along with the meeting notice.
Upon receipt of any such complaint, the Review Board, after consultation with the City Attorney, must decide
by majority vote whether to formally investigate the complaint. In making such determination, the Review
Board must consider the screening criteria set out below. If the Review Board determines that the complaint
does not warrant investigation, the Review Board sends written notice to the complainant of its determination
and the reasoning behind that determination, and provides a copy of the notice, together with a copy of the
complaint, to the board or commission member named in the complaint, as well as the chair of the board or
commission of which the subject of the complaint is a member, and the City Council.
If a complaint proceeds to investigation after the initial review, in performing its review and investigation of
any complaint or inquiry submitted, the Review Board must afford all affected board and commission
members an opportunity to present their interpretations of the facts at issue and of the applicable provisions
of law before rendering its opinion and recommendation. Prior to reaching a decision on the merits of a
complaint, the Review Board must provide the complainant an opportunity to present facts and argument in
support of the complaint, however, it is not necessary for the Review Board to conduct a full public hearing
and take public input on a complaint.
The Review Board may also request such additional materials or information from City staff or members of
the public which it considers reasonably necessary or helpful to its deliberations. In addition, the Review
Board shall have the power to compel by subpoena the attendance and testimony of witnesses and the
production of such documents as the Review Board may consider necessary to its investigation. After
investigation, the Review Board must promptly issue an opinion and recommendation to the City Council, to
be filed with the City Clerk and be available for public inspection. Then the opinion and recommendation are
submitted to City Council for consideration at a regular City Council meeting, at which time the City Council
either adopts the opinion as a final ethics opinion of the Council, or chooses not to adopt it.
The determination as to whether a complaint merits investigation and further action shall be made on the
basis of one or more of the following considerations:
i. The City Council has no jurisdiction over the individual(s) alleged to have violated the relevant ethics
provision;
ii. The alleged violation, even if true, would not constitute a violation of the relevant ethics provisions; DRAFTPage 56
Item 1.
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iii. The allegations of the complaint were previously asserted in another complaint that is already being
considered or was resolved by the Review Board and/or City Council;
iv. The alleged violation, even if true, is minor in nature and fails to justify the use of public resources to
investigate or prosecute;
v. The allegations of the complaint involve actions or events that occurred more than one (1) year prior to the
date of the filing of the complaint and, due to the passage of time and the likely unavailability of evidence,
witnesses, and witnesses' recollections, investigation and prosecution of the complaint will not justify the use
of public resources, except that complaints based on conduct resulting in a criminal conviction (regardless of
the type of plea entered) or entry into a plea agreement subject to a deferred prosecution, deferred judgment,
or deferred sentencing agreement may be referred to an appropriate enforcement agency;
vi. The complaint is, on its face, frivolous, groundless, or brought for purposes of harassment;
vii. The alleged violation is unlikely to be proven by the required standard of preponderance of the evidence
due to the evidence consisting of conflicting oral testimony and unverifiable statements;
viii. The person who is the subject of the complaint has admitted wrongdoing and made or committed to make
sufficient redress or remedy satisfactory to Review Board or City Council;
ix. The matter has become or will become moot because the person who is the subject of the complaint is no
longer a board or commission member or will no longer be a board or commission member prior to the
conclusion of any consideration or investigation of the allegations in the complaint;
x. The person who is the subject of the complaint previously obtained an advisory opinion under this code of
ethics that identified the conduct as not being in violation of the code of ethics; or
xi. The City Council has elected to refer the complaint to another agency with jurisdiction of the allegations of
the complaint and such referral will better serve the public interest (e.g., law enforcement, district attorney,
state or federal attorney general; or department of justice).
The City Attorney advises the Review Board and prepares and executes all advisory opinions and
recommendations of the Review Board.
Compliance with the ethics provisions of the Charter and Code and state law, as well as decisions regarding
the existence or nonexistence of conflicts of interest and the appropriate actions to be taken, is the
responsibility of each individual board and commission member.
An opinion adopted by the City Council under Subsection (e) of Section 2-569 of the City Code constitutes an
affirmative defense to a civil action or possibly a criminal action or any other sanction against a
Councilmember or board or commission member acting in reliance it.
More information can be found in City Code §2-569.
Abuse of Public Office
In addition to the requirements mentioned above, there are also state criminal statutes that make it an offense
to abuse public office. In general, state law prohibits a public servant, which includes any person performing
a governmental function or appointed to perform a governmental function, from soliciting, accepting, or
agreeing to accept a bribe intended to influence their vote, opinion, etc. See Colorado Revised Statutes §§
18-8-301 to 18-8-308. State law also generally prohibits a member from misusing official information to their
financial benefit. See Colorado Revised Statutes §§ 18-8-401 to 18-8-409.
Violations of these laws may subject the board or member to criminal prosecution by the District Attorney and
may result in criminal penalties.
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Checklist
The following questions are suggested when examining a potential conflict of interest or question of ethical
conduct. If the answer to the question is “yes,” the board or commission member should avoid participating
in the decision or engaging in the proposed transaction:
☐ Sales to the City: Will I or my relative or my business receive some foreseeable, measurable
financial benefit? Am I involved in procurement or supervision for the sale?
☐ Purchases from the City: Am I, or is my relative, buying this at auction? Are we buying it under any
different terms and conditions than would be available to members of the general public?
☐ Financial Interest in a Decision: Will I or my relative or my business receive some foreseeable,
measurable financial benefit?
☐ Personal Interests: Would a reasonably prudent person believe that I or my relative will realize or
experience some direct and substantial benefit or detriment from this decision that is different in
kind from that experienced by the general public? Will the business that either of us represents
directly and substantially benefit? Will a competing firm be directly and substantially harmed?
☐ Gifts or Favors: Is this gift or favor being offered to me because of a decision I have made or am
about to make? Would a reasonably prudent person think that this gift or favor would impair my
independence of judgment? (Before deciding to accept a gift, it should fit under one of the
exemptions in City Code section 2-568(c)(4).)
☐ Confidences: Am I about to use or disclose a confidence which, in the judgment of a reasonably
prudent person, would injure the interests of the City? Will I be using it for private gain, either for
myself or for another person? Is this information marked as confidential? Is this information subject
to the attorney-client privilege? For other examples of confidential information, see City Code section
2-568.
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APPENDIX A: BREAKDOWN OF BOARDS AND COMMISSIONS
Affordable Housing Board
The Affordable Housing Board advises the City Council and City staff on all matters pertaining to affordable housing
issues of concern to the City; advises and makes recommendations to City staff, the Human Services and Housing
Funding Board, and the City Council concerning the expenditure of City funds for affordable housing; aids and guides
the development of City-wide affordable housing programs to address currently existing and potential affordable
housing issues; promotes citizen participation and public education on City-wide affordable housing issues; and is
to be aware of and coordinate with the various other City boards, commissions and authorities, City departments,
and other organizations and entities whose actions may affect affordable housing in the community.
Air Quality Advisory Board
The Air Quality Advisory Board advises the City Council regarding policies, plans and programs to improve and
maintain the city's air quality. The Board may, without limitation, biennially review air quality indicators; review and
recommend revisions as needed to the Air Quality Policy Plan, and to any other City plans that may have significant
impacts on air quality; and advise the Governor-designated lead agency for air quality planning on matters
pertaining to the Fort Collins element of the State Implementation Plan. The Board may also convene ad hoc citizen
task groups to provide additional technical expertise to the Board for the planning of specific strategies. The Board
coordinates its work with the Transportation Board, Natural Resources Advisory Board and the Planning and Zoning
Commission.
Art in Public Places Board
The Art in Public Places Board advises and makes recommendations to the City Council regarding incorporation of
works of art into construction projects and regarding expenditures from the art in public places reserve account for
artists, works of art and sites for placement of works of art, following established and published guidelines; advises
and makes recommendations to the City Council regarding the acceptance of offers to donate art to be placed in
public areas; and advises and makes recommendations to the Community Services Director and the City Council as
to rules, regulations, guidelines, policy, administrative and budgetary matters pertaining to the Art in Public Places
Program.
Building Review Commission
The Building Review Commission is charged with the responsibility to hear appeals and requests for variances
related to the Fort Collins building codes and contractor licensing regulations. The BRC hearing provides a formal
recourse to building permit and contractor license applicants who disagree with an interpretation or ruling by the
Fort Collins Building Official. The BRC is authorized to rule in favor of the applicant and to approve alternative
building methods and materials that are not specifically prescribed in the building codes. This board may also revoke
or suspend a contractor license when it determines that a licensee has violated the building codes or licensing
rules. In an advisory capacity, the BRC makes recommendations to City Council concerning the revision of existing
codes or the adoption of new building codes and contractor regulations.
Citizen Review Board
At the request of the City Manager or the Chief of Police the Citizen Review Board makes recommendations
concerning interpretation of police policies and procedures. The Board reviews internal investigations where a
peace officer is alleged to have used force, discharged a firearm, committed a crime, when a person sustained
severe injury, death, or alleged their civil rights were violated by a peace officer, or other investigations requested
by the City Manager or Police Chief. Use of deadly force would be a mandatory review by the Board even if no
complaint is filed. The Citizen Review Board also offers reviews for other law enforcement agencies operating within
the City and makes annual reports to the City Council and City Manager concerning activities and recommendations
of the Board.
Disability Advisory Board
The Disability Advisory Board serves as an advisor to the City Council to provide recommendations to assure
compliance with Section 504 of the Rehabilitation Act of 1973, the 1990 Americans with Disability Act (ADA), the DRAFTPage 59
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Fair Housing Act and other legislation relating to persons with disabilities. In its role as an advocate for citizens
with disabilities, the Disability Advisory Board develops educational programs to acquaint citizens with issues
affecting individuals with disabilities; forms special committees to review and address particular issues;
communicates with other board to generate ideas helpful to the City Council; educates City employees about access
issues affecting individuals with disabilities; recommends to the City design requirements that ensure accessibility;
helps the City establish conditions and practices that contribute to employing individuals with disabilities; and
serves as advocates among City employees, private businesses and the community on behalf of individuals with
disabilities.
Human Services and Housing Funding Board
The HSHF Board advises the City Council and City staff on matters pertaining to the Department of Housing and
Urban Development's Community Development Block Grant (CDBG) and Home Investment Partnership (HOME)
Programs, and on all matters pertaining to human services issues of concern to the City; it assesses the community
development needs of low- and moderate-income individuals and families and suggests programs to meet those
needs; and provides recommendations to the City Council and City staff concerning the expenditure of federal and
City funds for human services and affordable housing, including CDBG and HOME funds received from the
Department of Housing and Urban Development, and City Human Service Program and Affordable Housing Fund
moneys, taking into consideration the City's Strategic Plan objectives.
The City receives about $1.5 million from HUD and just under $1 million from the General Fund annually. Program
funds are typically used for housing, human services, and community development programs, projects, and
activities.
Cultural Resources Board
The Cultural Resources Board’s functions are to advise and make recommendations to the Director of Cultural
Services and Facilities and the City Council as to rules, regulations, policies, administrative and budgetary matters
pertaining to the Cultural Services Department's programs, services and facilities (which include the Lincoln Center,
Museum of Discovery and The Gardens on Spring Creek); to review proposals for funding from the Cultural
Development and Programming Account and the Tourism Programming Account (Fort Fund), following established
and published guidelines, and to submit recommendations regarding such proposals to the City Council to be
approved by the City Council by resolution; to advise and make recommendations to the City Manager regarding
any proposed revisions to the guidelines used by the Cultural Resources Board to make Fort Fund recommendations
and to assist, advise and make recommendations to the Director of Cultural Services and Facilities and the City
Council on arts and culture related matters and regarding opportunities to promote awareness, understanding, and
appreciation for, the value of cultural resources in the community.
Economic Advisory Board
The duties and functions of the Board are to advise the City Council on matters pertaining to the economic health
and sustainability of the City, including, events and trends occurring outside the Fort Collins community that may
affect the local economy, immediate and long-term threats to the local economy, ways in which to enhance the
City's competitive position in relation to other communities, and possible partnerships with other public and private
entities; to recommend programs and strategies that may enhance the economic health and sustainability of the
City; to be aware of and coordinate with other City boards whose actions may affect the economic health and
sustainability of the City; and to advise Council on existing or proposed policies, practices or regulations of the City
that may affect the local economy.
Energy Board
The duties and functions of the Board are to advise the City Council and staff regarding the development and
implementation of the City’s energy policy; advise the City Council and staff in developing City policies that
encourage the incorporation of energy conservation and efficiency, carbon emissions reduction, and renewable
energy into the development and provision of City utility services, the design and construction of City transportation
projects, and the way in which the City impacts the overall built environment within the City; to advise the City
Council and staff regarding the alignment of energy programs and policies with City, ratepayer and community
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improvements to City energy systems; to coordinate with other City boards regarding energy issues; to advise the
City Council and staff regarding budgetary, rate-making and operational matters related to the electric utility; and
to annually review and provide advice to City Council and staff on the City’s Legislative Policy Agenda regarding
energy and energy-related carbon issues.
Human Relations Commission
The Human Relations Commission was established by City Council to promote the acceptance and respect for
diversity through educational programs and activities, and to discourage all forms of discrimination based on race,
religion, age, gender, disability, etc. The commission’s functions are (1) to promote positive interaction among all
City residents and to discourage all forms of discrimination based upon the diversified values and individual
differences of such residents by: developing and promoting educational programs and activities that advocate
awareness and respect for diversity, cooperating with and providing leadership and support for other groups
interested in promoting value and respect for diversity and positive intergroup relations, educating City residents
about existing local, state and federal laws dealing with discrimination and diversity, reviewing proposed legislation,
policy changes or other governmental action at the federal, state or local level which may affect human rights in the
City and making recommendations to the City Council regarding the same, and recommending to the City Council
such actions as may be necessary or advisable to achieve equal employment opportunities, housing opportunities
and public accommodation opportunities for all persons, and positive community relations in all fields of
governmental endeavor; (2) to assist residents of the City in utilizing the complaint procedure under the human
relations provisions of the Code and to hear appeals from decisions of the City Manager under such provisions (3)
to facilitate the review of citizen complaints concerning the actions of City police officers or community service
officers; and (4) to make periodic reports to the City Council concerning the activities and recommendations of the
Commission.
Land Conservation and Stewardship Board
The Land Conservation and Stewardship Board advises City Council regarding policy and budgetary matters
pertaining to the Natural Areas Program, including but not limited to the expenditure of Open Space, Yes! and
Larimer County Help Preserve Open Space dedicated sales tax revenues, advises Natural Areas Program staff and
the City Council in connection with the proposed acquisition or disposition of land, interests in land, interests in
water and other interests in real property for the Natural Areas Program; advises Natural Areas Program staff
regarding the development of management plans and public improvements for Natural Areas Program properties;
upon request of the City Manager or at the direction of the City Council, advises City Council regarding any positive
or negative impacts that particular plans or projects of the City or of other public or private entities may have on
Natural Areas Program properties or properties that may be of interest to the Natural Areas Program; and upon
request of the City Manager or at the direction of the City Council, advises City Council in connection with the
proposed acquisition or disposition of land, interests in land, interests in water and other interests in real property
for City programs other than the Natural Areas Program.
Historic Preservation Commission
The Commission performs all duties relating to preservation of historic landmarks as set out in Chapter 14 of the
Code, including the designation of sites, structures, objects or districts as landmarks and the review and approval
or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or
district. Decisions of the Commission are final unless appealed to the City Council. The Commission also performs
the following additional functions: (1) to promote awareness and understanding of, and appreciation for, the value
of historic resource preservation in contributing to the quality of life in the City, and actively encourage property
owners to voluntarily designate their properties as historic landmarks; (2) To advise the City Council and City staff
with regard to the identification and evaluation of historic resources within the Growth Management Area and
provide information regarding the significance of the resources, the nature and degree of threat to their
preservation, and methods for their protection; (3) to advise the City Council and City staff with regard to appropriate
policies, incentives and regulations for encouraging and/or requiring preservation and rehabilitation of historic
resources; (4) to coordinate with the various other City boards and City staff members whose actions may affect the
preservation of historic resources in the community; (5) to provide advice and, if required under the Land Use Code,
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properties, regarding historically appropriate design and site planning for additions, alterations, and new
construction in the City; and (6) To provide advice and written recommendations to the appropriate decision maker
and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or
districts that have been determined to be individually eligible for local landmark designation or for individual listing
in the State or National Registers of Historic Places, are officially designated as a local or state landmark, or are
listed on the National Register of Historic Places; or are located within an officially designated historic district or
area.
Land Use Review Commission
The Land Use Review Commission has the authority to hear and decide appeals from and review any order,
requirement, decision or determination made by an administrative official charged with enforcement of the
regulations established by the Land Use Code, and to authorize upon appeal variances from certain provisions of
the Land Use Code.
The Commission may grant variances when the members determine that there is some unusual feature of a
property or some other exceptional situation unique to a property which creates an unfair burden to the applicant.
Such features may include physical conditions like exceptional narrowness, shallowness, or topography.
Additionally, the Commission may grant a variance upon finding that the proposal will promote the general purpose
of the standard for which the variance is requested equally well or better than would a proposal which complies
with the standard for which the variance is requested. No variance can be granted which is determined to be a
substantial detriment to the public good.
Natural Resources Advisory Board
The Natural Resources Advisory Board advises City Council on all matters pertaining to natural resources and
environmental protection issues of concern to the City; analyzes various natural resources issues and aids and
guides the development of city-wide natural resources programs to address currently existing and potential natural
resources and environmental issues; promotes citizen participation and public education on city-wide natural
resources and environmental protection issues; and coordinates with the various Sustainability Services technical
advisory committees.
Parks and Recreation Board
The Parks and Recreation Board advises and makes recommendations to the Community Services Director and
the City Council on rules, regulations, policies, administrative and budgetary matters pertaining to parks and
recreation (including golf courses and excluding cemeteries); assists the City in cooperating with the Poudre School
District and other organizations and individuals interested in the City's parks and recreation programs; and
promotes community awareness and understanding of, and appreciation for, the value of parks and recreation as
a resource contributing to the quality of life in Fort Collins.
Planning and Zoning Commission
The Planning and Zoning Commission’s responsibilities include advising the City Council on zoning, annexations,
major public and private projects and any long range planning activities (such as City Plan or subarea plans) that
require Council approval. The Commission can cooperate with school, county and any other planning and zoning
commissions and, with the approval of the City Council, enter into agreements to promote uniform planning and
zoning within and without the City. The Commission also takes final action to approve, disapprove or approve with
conditions planning items in accordance with the City Code and Charter subject to appeal to the City Council.
Retirement Committee
The General Employee’s Retirement Committee’s charges are: manage/administer the Retirement Plan for
members and retirees and manage accumulated Retirement Fund money; determine the eligibility in credited
service of members under Plan rules; interpret the Plan’s provisions; and authorize payment of retirement benefits
and bills for expenses of Plan and Committee. The Committee sets the policies and procedures for these
responsibilities and directs staff personnel and actuarial consulting firm to carry out the functions. The Committee
also: seeks information and advice to benefit the Plan and members; recommends Plan changes to City Council DRAFTPage 62
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for approval; recommends to City Council enhancements to the Plan’s provisions and benefits; educates
Committee’s and Plan’s members; keeps abreast of legislation that could affect the Plan; keeps the members
informed of their current/projected benefits; encourages Plan members to accumulate other sources of retirement
income; and provides minutes of each meeting and files documents as required.
Senior Advisory Board
The Senior Advisory Board is comprised of individuals of all ages who share a concern for the aging members of
our community. The Board serves as a supporting agency for all senior citizen services and activities in the City;
publicizes and supports present senior citizen services and activities in the community; investigates and makes
recommendations regarding new senior citizen services and activities; encourages new senior citizen programs
and, if asked to do so, participates in the planning and development of such programs; encourages and supports
widespread opportunities for more meaningful and useful participation of senior citizens in community activities
and programs; establishes and maintains communication with local, state and national groups and government
agencies concerning senior citizens; advocates policies and practices within the community that respect and
consider the needs and interests of senior citizens; and works to dispel stereotypes about aging through education
and awareness activities.
Transportation Board
The Transportation Board advises the City Council on the City's transportation policies and system, including, but
not limited to, transportation planning, alternative modes planning (including bikeways, pedestrian facilities,
transit, air transportation and van- and car-pooling), capital improvement projects, downtown parking management
and other transportation issues as identified in the Board work plan; and reviews the City's interaction with federal,
state and county government, as well as North Front Range Transportation and Air Quality Planning Council,
Colorado State University and Poudre School District on transportation-related issues. The Board also coordinates
with other City boards on projects and issues. The Board includes the Bicycle Advisory Committee, which advises
the Board on bicycling-related issues.
Water Commission
The City Water Commission advises the City Council regarding water, wastewater and stormwater policy issues
such as water rights, planning, rates and fees, acquisition and management, conservation and public education,
floodplain regulations, storm drainage and development design criteria, and local, state and federal legislation. At
times, the Board acts as a quasi-judicial body on floodplain regulation variances, stormwater fee disputes, and
storm drainage design criteria variances. It cooperates with regional entities to coordinate planning and maintain
a dialogue on regional water issues. The Board is also involved in master planning and provides advice and citizen
input regarding proposed policies and actions affecting Utilities customers.
Youth Advisory Board
The Youth Advisory Board gathers information from, other groups, organizations and agencies regarding youth-
oriented issues and problems; documents and discusses issues of importance to youth in the Fort Collins
community, specifically as they affect City-operated services; reviews and discusses legislation that may affect
youth; and recommends to City Council local legislation and policy actions or changes which would enhance the
status of youth in the Fort Collins community.
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FC Moves
200 W Mountain Ave.
P.O. Box 580
Fort Colins, CO 80521
fcgov.com/fcmoves
MEMORANDUM
BICYCLE ADVISORY COMMITTEE
DATE: July 28, 2023
TO: City of Fort Collins – City Council
FROM: City of Fort Collins - Bicycle Advisory Committee (BAC)
SUBJECT: Response to City Council Ad Hoc Review Committee
Dear City Council,
The Bicycle Advisory Committee (BAC) has recently reviewed and discussed the
recommendation of the City Council Ad Hoc Review Committee to evolve the BAC into a new,
stand-alone Active Modes Advisory Board of nine (9) at-large members and a yet to be
determined number of ex officio non-voting community group members. It is our understanding
that this will be discussed by the entire City Council at the August 8 th Work Session.
While the Ad Hoc Committee’s recommendation is inconsistent with the initial feedback the
BAC had provided on evolving its structure and makeup to be more effective, reviewing the Ad
Hoc Committee’s recommendation prompted additional discussion among the BAC and a shift
from its initial feedback.
Specifically, the BAC recommends and requests that prior to any structural changes or makeup
of the BAC, whether it remains a Committee or becomes a Board, that City Council, Staff, and
the BAC formally review the Committee’s Mission/Purpose. The BAC believes doing so will
yield revisions to the current BAC Mission/Purpose stated in the original 2009 Ordinance, which
is as follows:
• Provide liaison between the City and the community and stakeholder groups on issues
related to bicycling.
• Foster the interchange of ideas from existing City boards and commissions, as well as
other community stakeholders, such as Poudre School District, Colorado State
University, and Downtown Development Authority, and others as appropriate.
• Promote bicycling as a viable form of transportation.
• Act as a sounding board for citizens who have bicycle-related questions and concerns.
• Assist in the development and dissemination of bicycle safety awareness, education and
encouragement materials to the community.
• Develop implementation strategies for recommendations in the 2008 Bike Plan.
• Assist with the development of evaluation metrics for determining success of bicycle
programs and facilities.
DocuSign Envelope ID: CD8A9173-3654-4051-9338-192E36D8B288
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Item 1.
• Review and provide comments regarding proposed bicycle-related capital improvement
projects, such as street improvements, traffic signal projects, and parking facility
projects.
• Relay to City staff and other appropriate agencies issues and concerns related to
bicycling.
The BAC believes a new or revised Mission/Purpose will inform the proposed Active Modes
Advisory Board/Committee’s role as it relates to the scope of the Transportation Board’s role,
and particularly address any overlap that may result. Subsequently this formal review will make
apparent whether the BAC should remain a sub-committee of the Transportation Board or
become its own Board, as well as what the appropriate size and/or makeup of the group should
be.
Very Respectfully,
Dave Dixon
Bicycle Advisory Committee Chair
cc: Aaron Iverson, Senior Manager, FC Moves
Cortney Geary, Active Modes Manager
Lauren Nagle, Active Modes Specialist
Cari Brown, Transportation Board Chair
DocuSign Envelope ID: CD8A9173-3654-4051-9338-192E36D8B288
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Senior Assistant City Attorney
Jenny Lopez Filkins
Assistant City Manager
Rupa Venkatesh
August 8, 2023
Ad Hoc Committee
on Boards and
Commissions
Recommendations
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2
For Council Discussion
What feedback does Council have about the administrative
recommendations of the Ad Hoc Committee on Boards and
Commissions?
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3Timeline
July 2019:
Reimagine
Boards and
Commissions
priority
identified
April 2021:
Code changes
adopted
April 2022:
Updates
shared. Ad
Hoc
Committee
discussed
August 2022:
Off-cycle
recruitment
improvements
to application
and interview
process
October 2022:
New Public
Engagement
Specialist
hired with
focus on
training
November
2022: Ad Hoc
Committee
created
January 2023:
Committee
commenced
July 2023:
Committee
concluded its
work
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4
Ad Hoc Committee Creation
•In November 2022, Res. 2022-122 established an Ad Hoc Committee on Boards and Commissions
•New Public Engagement Specialist role to focus on providing more support to board and
commission members, staff liaisons, applicants, including onboarding and training
•Intention to begin work in December 2022 and make recommendations by July 2023 to allow time
for Council to act on the recommendations and, if needed, for staff to implement changes and
communicate to the public prior to the start of the annual recruitment process
•Committee members will receive a complied list of recommendations that have been submitted
from board members, Councilmembers, and the general public
•Make recommendations to improve the efficiency and consistency of processes and reduce
barriers to participation on boards and commissions
Mayor Pro Tem Emily Francis and Councilmembers Tricia Canonico and Julie Pignataro were
appointed to serve as Committee members. Councilmember Kelly Ohlson served as the
alternate.
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Headline Copy Goes Here 5General Overview of Boards and Commissions
•Purpose: Boards and Commissions are established for the purpose of acquiring and
studying information in specific areas and to make recommendations to City Council on
issues within the board's area of expertise.
•23 Boards and Commissions Total
•Six Quasi-Judicial, Thirteen Type 1,Four Type 2
•Type 1 and Type 2 members have 1, 2, and 4-year terms and consist of either 7 or 9 members
•A person can serve on only 1 board unless it is a temporary committee
•No member is allowed serve more than two consecutive terms. A term includes the balance of
an unexpired term served by a person appointed to fill a vacancy if such unexpired term
exceeds 12 months
1 year term 2 year term 4 year term
7-member board 1 2 4
9-member board 2 3 4
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Types of Boards and Commissions 6
Advisory Boards -Type 1 Advisory Boards -Type 2 Quasi-Judicial Commissions
Type 1 advisory boards make
recommendations to the City Council and City
staff on particular areas of knowledge or
expertise. Recommendations made by
advisory boards are formal board action to
advise the City Council on items and subjects
that are on the boards' approved workplans.
These recommendations are limited to
advisement and are not policy decisions.
In addition to serving an advisory function to
the City Council and City staff, the assigned
functions of Type 2 advisory boards give them
the authority to make decisions on certain
matters specified in the City Code. These
decisions then serve as formal
recommendations to City Council or City staff
for their consideration and adoption.
Quasi-judicial commissions are non-judicial
bodies that use formal procedures to
objectively determine facts, interpret the law,
and draw conclusions to provide the basis of
an official action. Decisions of quasi-judicial
commissions are subject to appeal to the City
Council or the courts.
•Affordable Housing Board (7 members)
•Air Quality Advisory Board (9 members)
•Disability Advisory Board (9 members)
•Economic Advisory Board (9 members)
•Energy Board (9 members)
•Golf Board (7 members)
•Land Conservation and Stewardship Board (9)
•Natural Resources Advisory Board (9)
•Parks and Recreation Board (9 members)
•Senior Advisory Board (9 members)
•Transportation Board (9 members)
•Youth Advisory Board (btwn 5-9 members)
•Women’s Advisory Board (9 members)
•Art in Public Places Board (7 members)
•Citizen Review Board (7 members)
•Cultural Resources Board (7 members)
•Human Services and Housing Funding Board (9)
•Building Review Commission (7 members)
•Historic Preservation Commission (9)
•Human Relations Commission (9)
•Land Use Review Commission (7)
•Planning and Zoning Commission (7)
•Water Commission (9 members)
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7
Themes
•Lack of support for board members and staff liaisons
•Lack of communication with Council liaisons on emerging issues
•Need to evaluate structural issues with some boards
•Lack of consistency in how boards and commissions are providing input and recommendations to Council
•Lack of understanding from boards members as to their functions and authority vs Council's functions and
authority
•Desire of board members to contribute more meaningfully
•Lack of established processes to help Council make decisions on requests
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Administrative Changes
8
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9
Recommendations to Recruitment Timing
•Recruitment timing:
•Due to elections moving from April to November on odd years,re-evaluation is needed as to when
recruitment should take place.
•The goal is to do one annual recruitment unless there is a need for a special recruitment due to quorum
issues.For 2023 only,a special recruitment was held in April to fill current vacancies with terms starting in
July 2023.
•Similar to Council,the recommendation is to adjust current board member terms for an additional 3
months until March 31 of the year their term expires.
For example,a term that was set to expire on December 31,2024 will need to be extended to expire on
March 31,2024.
Application
Opens
Interviews Council
appointment
Term begins
Current September October November January
Recommendation Dec 1-Jan 30 Mid-February March April 1
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10
Recommended Change to Interview & Application Process
•Problem identified:Need to increase communication with staff liaison to understand gaps in knowledge of what
the board does and reduce interview time commitment
•Two Councilmembers will continue to interview and will invite staff liaison into the room to observe.Council
liaisons will also have the option to meet with staff liaison before interviews as well to debrief on board’s
activities.
•Application improvements:
•Advertise general time frame of interviews with application release
•Policy for no show to interview applicants
•Ensure that current board members resign if they want to apply for a different board (already part of
code)
•Verify workload for each board to include as part of application and interview process
•Added question –“have you applied for this board before”
•Added question –“how many hours are you willing to contribute to the board”
•Continuous improvement to Council summary sheets
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11
Other Administrative Changes
•Improvements to board and commission orientation
•Provide training for board chair (how to conduct a meeting, de-escalation training, etc.)
•Added a subscription so that interested residents are notified when an application is open
•Conduct exit interviews for board members, especially for those members that leave before their
term expires
•Pulse surveys to be conducted prior to annual recruitment
•High level annual review to be conducted and results shared with Council prior to annual
recruitment
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12
Recruitment Efforts
•Advertising on City website (Press Release and Spotlight), Social Media (Facebook and
Instagram), and Newspaper
•Outreach efforts to the Poudre School District and Colorado State University.
•Outreach efforts to cultural organizations such as the Cultural Enrichment Center of Fort Collins
and Heart and Sol
•Collaboration with CPIO to create new posters
•Collaboration with IT to improve website and boards and commission pages
•Informational Sessions to inform the public on what being a board or commission member entails
•Collaborate with Housing Catalyst to meet its needs
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Item 1.
1) The request for board sunset/repurpose or new
board can come from a variety of sources:
•Board chair or Board member(s)
•Staff liaison
•Department Director
•Community member
•Public Engagement Specialist
•City Manager
•Councilmember(s)
2) For a new board: CCO coordinates with the
requester to answer: What is the need, purpose?
What would the new board’s scope of work and goals
be? Is this a 7-or 9-member board?
For the sunset or repurpose: CCO coordinates with
the requester to provide reasons
3) Staff provides the information to Council via a
memo
4) Council may give direction to staff to proceed with
evaluation process under Other Business
5) Staff will run the request through a series of
questions, collect data, and provide options and/or
recommendations to Council during a work session
for Council’s consideration
13Process for Council Determination
What happens when the ad hoc committee concludes its work?
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Code Changes and Resolution
Considerations
14
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15
1-year Terms –via Ordinance
•Recommendation to revise City Code to eliminate all
one-year terms from Type 1 and Type 2 boards
Type 1 & 2 boards –7 members
•4 members with 4-year terms
•2 members with 2-year terms
•1 member with 1 year term
Type 1 & 2 boards –9 members
•4 members with 4-year terms
•3 members with 2-year terms
•2 members have 1-year term
RECOMMENDATION
•4 members with 4-year terms
•3 members with 2-year terms
RECOMMENDATION
•5 members with 4-year terms
•4 members with 2-year terms
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16
Joint Meeting Language –via Ordinance
•Problem to solve: provide more flexibility for boards to meet together
•Section 2-72. Open meetings required; exceptions; joint meetings
•(d)Two or more board or commissions,committees of boards or commissions,or representatives from each
such board,commission or committee may hold a joint meeting if the subject of the meeting specifically relates
to the functions of an item or project in the work plan each participating board or commission,or if the City
Manager or council liaison(s)City Council has approved the joint meeting
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17
Anti-Discrimination and Anti-Harassment Policy –via Resolution
•Recommendation to rename from Respectful Workplace Policy
•Still covers City Council and those that they appoint
•Violations as it relates to discrimination,harassment,and retaliation against protected classes
•Clarification around “Complaint Contact”
•Definition of harassment revised to comply with the new Protecting Opportunities and Workers’Rights (POWR)
Act that went into effect August 7,2023
•Describes what constitutes a violation of the policy
•Not necessary for a complaining party to be a member of a protected characteristic to file a complaint
•Changes to screening process –it is recommended that this be handled by Equity Office
•Recommended that annual reporting and review conducted by Assistant City Manager rather than Human
Resources Executive
•One additional example added:A City Manager receives an unfavorable,unjustified pay decision because she
is disabled.
More changes to ADAHP may be necessary as courts and DOL interpret the POWR Act
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18
Code of Conduct–via Resolution
•Result of several interpersonal issues that have risen on boards and commissions but did not fall under the
Respectful Workplace Policy or in violation of ethical provisions in the City Charter,City Code or State provisions
(which would be covered under Ethics Review Board)
•Covers violations of standards of behavior for both board members and City Council
Uphold the standards of integrity and honesty,including using true and accurate evidence and/or statements in the
decision-making process,and making decisions based on the best interest of the city and its residents.
Avoid all ex parte communications (communications with others about a pending issue including communication
with City staff)about quasi-judicial matters.
Make decisions based on the merits of the issue,while treating all persons and decisions in a respectful and
equitable manner,and committing to conducting business in a way that exemplifies transparency and open
communication.
Respect the legitimacy and authority of decisions that have been finalized –regardless of personal position on the
matter.
Strive to represent the official policies and positions of their board or commission when serving in the member role.
Members of quasi-judicial commissions must avoid personal involvement in communications,activities or events
relating to any application or project proposal that may come before their commission for a decision.This is to
preserve the ability of members to perform their duties in these important roles without partiality or bias.
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19
Code of Conduct Complaint Process –to be Added to City Code
•Applies to both board and commission members and Council liaisons
•Complaint to be filed with City Clerk’s Office
•Complaint must be filed within 12 months of the alleged violation
•CCO notifies the City Manager’s Office, the member named in the complaint, City Council and the City
Attorney
•City Attorney reviews the complaint to determine if the scope of the allegation falls under Code of Conduct
and warrants investigation
•If an investigation is warranted, City Attorney or outside counsel shall conduct the investigation
•After investigation is complete, City Attorney will issue written findings of fact and conclusion of law to City
Council
For consideration: Is there feedback on changing “Code of Conduct” to “Conduct Standards” to avoid confusion
with the “Municipal Code”?
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20
Remedies to Code of Conduct Violation
•If violation is sustained against a board or commission member, City Council can take formal action to do any
one or more of the following:
•Issue verbal or written direction to cease the problematic conduct
•Direct or encourage corrective training
•Require the violator to issue a written or verbal apology
•Removal from the board or commission
•If violation is sustained against a Council liaison, City Council can take formal action to do any one or more of
the following:
•Motion of censure or resolve to remove the particular Council member from the role of liaison
•Issue verbal or written direction to cease the problematic conduct
•Direct or encourage corrective training
•Encourage the violator to issue a written or verbal apology
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21
Res. 2016-039 –Council Liaison Responsibilities
1.Communicate with the board when Council communication is needed and to serve as the primary two-way
communication.
2.To take the lead in filling vacancies by reviewing applications and conducting interviews with candidates.
3.To serve as primary informal Council contact for the board.
4.To help resolve questions the board may have about the role of Council, municipal government, and the
board.
5.To establish formal or informal contact with chair and effectively communicate the role of the liaison.
6.To provide procedural direction and relay Council’s position to the board and to communicate to the board
that the liaison’s role is not to direct the board in its activities or work.
7.To serve as Council contact rather than an advocate for or ex-officio member of the board.
8.To review the annual work plan of the board and make recommendations to Council regarding the work plan.
9.To identify and help resolve any problems that may exist with respect to the functioning of the board.
10.To facilitate the training of new board members by providing suggestions and relevant information to City staff
members responsible for providing such training.
11.To conduct a periodic review with their respective board at a regular meeting and provide an oral summation
at a future regular Council meeting.
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22
Council Liaison Responsibilities -Recommendation
Sec. 2-568 -Ethical rules of conduct.
(8)With respect to any Councilmember serving as a liaison to a board or commission,such Councilmember must not direct
the board in its activities or work.A liaison’s role is to serve as a contact rather than an advocate for or ex-officio member of
the board or commission.
Sec. 2-82 –City Council Liaison Responsibilities (summarized)
1.Communicate with the board when Council communication is needed and to serve as the primary two-way
communication.
2.To take the lead in filling vacancies by reviewing applications and conducting interviews with candidates.
3.Make decisions about recommendations for appointment keeping in mind the need for fresh perspectives and not
primarily on liaison’s personal preferences.
4.To serve as the primary Council contact for the board.
5.To help resolve questions the board may have about the role of Council,municipal government,and the board.
6.To establish contact with chair and effectively communicate the role of the liaison.
7.To review the annual work plan of the board and make recommendations to Council regarding the work plan.
8.To identify and help resolve any problems with the support of CCO,CMO and staff liaison that may exist with respect to
the functioning of the board.
9.To decide whether to grant a request from their assigned board to hold a joint meeting with other boards.
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These Also Require Code Changes
Structural Recommendations for
Various Boards
23
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24
Youth Advisory Board
(a) The City shall have a Youth Advisory Board, hereafter referred to in this Section as the "Board." The Board shall consist of no less than five
(5) and no more than nine (9) members no more than 12 members appointed by the City Council. All members shall be qualified by experience,
training, age, ethnicity or socioeconomic background to represent a diverse cross section of youth in the Fort Collins community. Each member of
the Board shall be under the age of nineteen (19) years at the time of appointment and currently enrolled in high school or an equivalent program
such as home school or distance learning. A quorum of the Board shall consist of a majority number of members.three (3) members for a five-
member Board or four (4) members for a Board consisting of six (6) to nine (9) members.
(b) Each member shall serve for a term of one (1) year unless otherwise specified by the City Council, and no member may serve for more than
four (4) consecutive years regardless of term length. Appointments shall specify the term of office of each individual.
(c) The Board shall have the following functions:
(1) To gather information from, hold joint meetings, and otherwise communicate with, other groups, organizations and agencies regarding youth-
oriented issues and problems;
(2) To document and discuss issues of importance to youth in the Fort Collins community, specifically as they affect City-operated services;
(3) To review and discuss legislation that may affect youth; and
(4) To recommend to City Council local legislation and policy actions or changes which would enhance the status of youth in the Fort Collins
community; and
(5) To complete an annual project consistent with the other listed functions
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25
Golf Board
•Request from Committee to look at simplifying boards and commissions
•Staff looked at potential to consolidate any boards with potentially overlapping scope
•Golf Board was identified –lack of quorum, original goals may have been achieved or run its course, lack
of applications
•Recommendation to consolidate Golf Board scope of work with Parks and Recreation
•Golf Board dissolution would be effective Jan 1, 2024
•4 current, active Golf Board members
•They were given the option to continue the remainder of their current term as an extra seat on the Parks and
Recreation Board
•Of the 4, only 1 chose this option
•Recommendation is to temporarily add a 10th board member until the term expires on December 31, 2024
•In addition, the Golf Board fundraised and made recommendations for Youth Golf Scholarship Fund
•This will now be a community committee under the City Give umbrella
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26
Women’s Advisory Board
•Commissions of Status of Women created in 1986
•Committee discussed the lack of staff liaison training, board chair training, and board member support that may
led to significant lack of quorum and other issues issues resulting in the board pausing its work in January
2022
Recommendations
•Rename to Women and Gender Equity Advisory Board
•Reduce the number of members of the Board from 9 to 7
•Keep the 2 ex-officio members appointed by County and CSU
•Add gender equity to scope of work
Based on Council feedback, draft code language will be presented during the September 5 regular Council
meeting
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27Sec. 2-114 -Women’s Advisory Board
(a) The City shall have a Women's Advisory Board, hereafter referred to in this Section as the "Board." The Board shall consist of nine (9)
members. In addition to the nine (9) Board members appointed by the City Council, the County and Colorado State University may each
appoint a representative to serve as an ex officio nonvoting liaison to the Board.
(b) The Board is created for the purpose of enhancing the status of and opportunities for all women in the City,and shall have the following
functions:
(1) To document issues of importance to the status of women in the City;
(2) To conduct educational programs in the Fort Collins community to increase public awareness and sensitivity to the
needs and capabilities of all women;
(3) To cooperate with other organizations and individuals interested in issues affecting women in the Fort Collins area;
(4) To review proposed legislation, policy changes or other governmental action at the federal, state or local level that would enhance or
otherwise affect the status of women in the City and make recommendations to the City Council regarding the same;and
(5) To recommend to the City Council the adoption of local legislation or policies that would enhance the status of women in the City.
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28
Bicycle Advisory Committee (BAC)
•BAC was established in January 2009
•Interest from Transportation Board in establishing a separate committee for reviewing all issues
related to bicycling and advising the Transportation Board on those issues
•Authorized to establish its own rules and procedures in accordance with City’s policies for boards
•Members are nominated by own board and City Manager appoints
•At least two Cncilmembers and staff received a request from a member of the BAC
•Active Modes Plan recommendation
•Because of the process, sometimes policy decisions are delayed getting to City Council.
Feedback is received from the BAC who make recommendations to Transportation
Board. Then feedback is received from the Transportation Board who then make
recommendations to City Council.
•Proposal: create a standalone board to make sure membership is reflective of mode use,
people with disabilities, and historically underrepresented groups
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29
BAC –Code Language
Sec. 2-113. -Transportation Board.
(c) The Board shall also establish and keep in place a committee to be known as the "Bicycle Advisory Committee," the
purpose of which shall be to advise the Board with regard to bicycling-related issues.
(1) Said committee shall consist of sixteen (16) members, one of whom shall be a member of the Board. The remaining fifteen
(15) members shall consist of three (3) community "at large" members and six (6) members of community stakeholder
organizations, all appointed by the City Manager, and representatives from the following City Boards and Commissions, which
may each nominate a representative for a position on the committee:
a.Air Quality Advisory Board;
b.Parks and Recreation Board;
c.Natural Resources Advisory Board;
d.Land Conservation and Stewardship Board;
e.Senior Advisory Board; and
f.Economic Advisory Board.
Representatives from Boards and Commissions are subject to confirmation by the City Manager or their designee.
In addition to the foregoing sixteen (16) voting members, the Committee shall include non-voting staff representatives from the
City's Planning, Development and Transportation Service Area.
(2)
Each member of the Bicycle Advisory Committee shall serve for a term of two (2) years.
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30
Ad Hoc Committee Discussion
•Should BAC be renamed to Active Modes Advisory Committee and expand scope?
•The City has grown since 2009
•This is a recommendation in the adopted Active Modes Master Plan
•Does it make sense for BAC to directly make recommendations to Council?
•Should the membership be reduced from 16 to 9?
•The improvement to the joint meeting language should allow for more coordination amongst boards so there
may not be a need for BAC’s makeup to be from various other boards
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31
Transportation Board Feedback
•During the July 19 meeting, the board shared the following:
•Concerns and desire for clarity on who’s on any “new” Board. How are the current community organizations
like Bike FC and the DDA to be included?
•Need clearly defined roles defined between the Transportation Board and a new Active Modes Board.
•Need for some type of formalized connection between Transportation Board and an Active Modes Board if it’s
no longer a sub-committee
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32
BAC Feedback
In a memo provided to Council dated July 28, BAC asked that the original goals of the Committee be reviewed
before any restructure decisions are made:
•Provide liaison between the City and the community and stakeholder groups on issues related to bicycling.
•Foster the interchange of ideas from existing City boards and commissions, as well as other community
stakeholders, such as Poudre School District, Colorado State University, and Downtown Development
Authority, and others as appropriate.
•Promote bicycling as a viable form of transportation.
•Act as a sounding board for citizens who have bicycle-related questions and concerns.
•Assist in the development and dissemination of bicycle safety awareness, education and encouragement
materials to the community.
•Develop implementation strategies for recommendations in the 2008 Bike Plan.
•Assist with the development of evaluation metrics for determining success of bicycle programs and facilities.
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33
Council Consideration
•Should BAC transition into an Active Modes Committee?
•Should the current structure as a sub-committee remain? OR should it be a standalone board with a new
structure?
•Should membership look different?
•Should the current structure and name of BAC remain in place?
•Should this item be tabled if further engagement is desired?
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34
Affordable Housing Board
•Recommendation to change the composition of the Affordable Housing Board in City Code to include a non-
voting ex-officio member for a Housing Catalyst representative
•Recognition of the contributions of expertise and local knowledge of a Housing Catalyst staff or
board member
•Non-voting member avoids conflicts of interest so that quorum can be more easily attained
•If Council approves change to City Code, residency limits would not apply to this seat
•The Affordable Housing Board unanimously supported the recommendation during their July 6 meeting.
Sec. 2-102
a) The Board shall consist of seven (7) members. In connection with the solicitation, consideration, and
appointment of members to the Board, the City Council may give preference to and consider an applicant's
experience or training in, or familiarity with,affordable housing issues, including, without limitation, issues
pertaining to development, finance, lending, charitable and low-income services, and general community
services. It is also desirable that at least one Board member be a current or former resident
of affordable housing. In addition to the seven (7) Board members appointed by the City Council, the Housing
Catalyst may appoint a representative to serve as an ex officio nonvoting member to the Board.
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35
Boards and Commissions Manual Update –via Resolution
•Removed the C.H.A.R.G.E: A Checklist for effectiveness since it will now be part of onboarding
•Description of types of boards and commissions updated and included
•Removes the City Council liaison responsibilities because they will be added to the City Code
•Yearly Planning Calendar updated to include new recruitment schedule
•Staff Liaison role updated, City Attorney role and City Clerk role included
•Membership limitations updated to reflect code changes
•Removal of Golf Board
•Inclusion of a table describing quorum requirements and what that looks like for 7 member boards vs 9
member boards (and YAB)
•Periodic Reviews replaced with Annual Review (every September 30)
•Adds description of ethics rules discussed in City Code
•Adds description of City duty to indemnify discussed in City Code
•Code of Conduct summarized in body of manual and added as an appendix to manual
•Anti-Discrimination and Anti-Harassment Policy added as an appendix to manual
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36
Next Steps
•Council consideration on September 5th
•Adoption of Code of Conduct via resolution
•1st Reading of Municipal Code changes
•Council consideration on September 19th
•Adoption of Boards and Commissions Manual via resolution
•Extension of current board and commission terms by three months via resolution
•2nd Reading of Municipal Code changes
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Thank you!
37
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•The original goals have been achieved or run its course
•One way to determine this if there is a consistent lack of business items
•Not submitting an annual work plan
•Not submitting an annual report
•The Board does not provide recommendations to Council
•Direct advice is not needed so maybe not necessary to provide regular recommendations
•Pulse survey data indicates caution
•Data shows a lack of quorum
•Is this due to structural issues with the board?
•Data shows there is a lack of applications to fill vacancies
•Overlap in scope/redundancy with another board or commission
38What Are Some Considerations When Determining Whether to Sunset or
Repurpose an Existing Board?
Assessment Tools and Indicators
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Charter requires that Council establish a board or commission whose purpose is to advise Council
•Is the proposed purpose legally permissible?
•The purpose of the board aligns with a community priority
•New policy work is needed and there is a gap in existing boards
•Does it fit under the purview of an existing board or commission?
•There is a community desire to give extended input
•Does Council want ongoing input from the public on this topic?
•Does staff want input from the public on this topic?
•Input desired or needed is for defined period of time. Other options could include:
•Task Force to advise City Manager
•Example West Nile Virus, Connexion, holiday lighting
•Ad hoc committee
•Housing (Council ad hoc)
•Board subcommittee
39What are some considerations when determining
whether or not to create a new board?
Assessment Tools and Indicators
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40Golf Board
(a) The City shall have a Golf Board, hereafter referred to in this Section as the "Board." The Board shall consist of seven (7)members.
(b) The Board shall have the following functions:
(1) To advise and make recommendations to the Director of Community Services (the "Director") and the City Council as to rule s,
regulations, policies, administrative and budgetary matters pertaining to the operation and maintenance of all City-owned golf courses;
(2) To advise and make recommendations to the Director concerning the terms and conditions of any agreements to be entered in to
with golf professionals and other concessionaires in connection with City-owned golf courses as well as any other agreements which may
affect the management, operation, maintenance, construction or acquisition of City-owned golf courses;
(3) To assist in the procurement of goods and services for City-owned golf courses, including the selection of golf professionals,
concessionaires and other contractors, by appointing two (2)Board members to serve on any review committee that may be establis hed by
the City under the provisions of §8-158 of this Code for the purpose of making such procurements; and
(4) To advise and make recommendations to the City Manager concerning approval of annual fees and charges at City-owned golf courses.
Sec. 2-111 –Parks and Recreation Board
(b) (1) To advise and make recommendations to the Director of Community Services and the City Council for their
approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Department, excluding
including matters relating to the operation and maintenance of City-owned golf courses and excluding cemeteries;
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 5
August 8, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Jen Dial, Water Resources Manager
Jason Graham, Director of Water Utilities
Lance Smith, Utilities Finance Director
SUBJECT FOR DISCUSSION
Water Supply Requirement and Excess Water Use Fee Increase.
EXECUTIVE SUMMARY
As prices continue to rise for water supplies and the infrastructure to support them, Fort Collins Utilities
(“Utilities”) determined it needed to re-examine its Water Supply Requirement (“WSR”) and Excess Water
Use (“EWU”) fees. The WSR and EWU fees do not apply to customers or developers served by other
water districts.
Based on a detailed consultant recalculation and recommendation, staff is proposing to increase fees
substantially from $68,200 per acre-foot to $179,500 per acre-foot for the WSR, and $16.67 per 1,000
gallons to $43.87 per 1,000 gallons for EWU. These fee increases will apply to both commercial and
residential development and redevelopment, as well as existing commercial customers with a water
allotment who incur an EWU charge. These fees do not apply to redevelopment unless there is an
increase in water service.
These fees will go to Council for approval in November with implementation on January 1. However,
given the significant increase, we would like to consider options to help customers adjust to and pay for
the increased fees.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council have any questions regarding the need and evaluation of WSR and EWU fees?
2. Does Council have any specific direction for outreach and implementation of the WSR and EWU fee
increases?
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 5
BACKGROUND / DISCUSSION
Due to the scarcity of water in Northern Colorado, coupled with rising demands, water’s cost has increased
significantly. Additionally, storage project costs have continued to increase due to permitting and
construction costs. In November 2022, the cost estimate for the Halligan Water Supply Project was
projected at almost double the cost estimated in 2019. These combined increases prompted staff to
reevaluate the WSR methodology and fee structure once again. Because the EWU fee is increased by the
same percentage as the WSR, the EWU fee was also recalculated.
It is best practice to reevaluate WSR fees a minimum of every 2 years. WSR fees offset the costs to Utilities
to provide new customers with water in perpetuity and assure development pays its own way when
connecting to Utilities water service. This helps avoid impacts to current Utilities customers.
If allotment customers use more water than their tap is allocated annually, they pay EWU fees. This covers
the cost for water above and beyond their allocation.
WSR FEE CALCULATION
In early 2022, Utilities hired FCS Group to evaluate the WSR methodology and fee. The evaluation is
specific to WSR which then determines how EWU fees are calculated. There are three ways the WSR
(also referred to as ‘cash-in-lieu’ for some water providers) can be calculated: buy-in, incremental, or
combined approach. FCS Group recommended Utilities use a ‘combined approach’ that considers the cost
of the existing and future water supply system (infrastructure and water rights).
The cost of existing infrastructure is not included in the WSR calculation because the City’s current
infrastructure needs to be expanded to be able to serve future customers. Therefore, it’s included in future
water supply system costs. The WSR calculation includes the cost of future infrastructure (Halligan
Reservoir expansion and capital improvement projects to expand the system’s capacity), market value of
existing water rights, and market value of expected future water rights acquisitions. This total cost is then
divided by the firm yield of the water rights portfolio, which results in a cost of $179,500/acre-foot to serve
future development.
It is recommended to use the ‘firm’ yield (which is the current method), as opposed to ‘average’ yield. Firm
yield is the amount of water the City can depend on assuming a 50-year drought. Firm yield is contingent
on storage and infrastructure to capture and deliver those water rights. For example, the firm yield with the
current Halligan Reservoir is much less than with an enlarged Halligan Reservoir because there is not the
ability to capture water rights during high flows and store it for use during future droughts.
The following graph illustrates the cost comparison per acre-foot in WSR compared to other water
providers in the region.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 5
While the City’s proposed fee would be the highest in the region, these comparisons are not apples to
apples because there is not a consistent methodology used among water providers. Additionally, each
water provider has a different dedication requirement. For instance, the City requires 0.31 acre-feet per
four-bedroom single-family home, which equates to $53,850 per residence. Fort Collins-Loveland Water
District requires 0.80 acre-feet for a similar home, which equates to $110,000 per residence. (The graph
below illustrates a comparison of the cost for a four-bedroom, 5,200 square foot outdoor area residence.)
This discrepancy also applies to commercial developments.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 5
IMPACTS
The WSR fee increase will impact development, redevelopment, and existing customers but to different
extents. Because there is not much developable land left within the Utilities water service area, there is
likely to be less impact to new development. According to the 2017 Fort Collins City Plan Trends and
Forces Report, approximately 25% of the new development that will occur within the Growth Management
Area will be within Utilities service area, with the remaining 75% serviced by surrounding water districts.
Currently, there are 821 developers in some phase of the development review process that could be
financially impacted if they are not able to pay their WSR ahead of January 1, 2024.
Redevelopment is expected to continue and will also be impacted by an increase to WSR fees. Particularly
in Downtown, near Colorado State University, and along the College Avenue corridor, there are
opportunities for infill and redevelopment expected in the coming years, but the exact amount is unknown
at this time.
As for EWU charges, up to 260 customers per year have paid those fees since 2012. This amounts to
between $500,000-$1.7 million in annual collection. The number of customers is not expected to change
unless the City sees more customers deciding to increase their allotment by paying an additional WSR.
While customers have the option to pay a WSR fee to increase their allotment, many find it more financially
feasible to pay a smaller annual EWU fee than a large one-time WSR fee. With increasing WSR costs, it
is unknown how that might change.
The WSR and the EWU fees ensure that the Water Utility is not burdening the existing rate payers with
the cost of new development. For Affordable Housing, any subsidy would require the Water Utility to be
fairly compensated.
NEXT STEPS & RECOMMENDATIONS
Water is expensive and rising costs are outside the City’s control. The population in Fort Collins is expected
to continue to grow and Utilities is charged with finding a way to pay for future water demands. If developers
are not required to pay the market cost of the water rights and infrastructure needed to provide service for
future customers, these costs would inequitably fall on existing customers. Therefore, staff recommends
implementing the proposed $179,500 per acre-foot WSR fee and $43.87 per 1,000 gallons EWU fee
starting January 1, 2024.
Options for implementation include:
Move forward with staff recommendation at projected pace and implement fees January 1, 2024.
Evaluate different payment options for:
o Current development review customers
o Small businesses
o Most marginalized customers
o Affordable housing development
Enhance conservation programs to help offset the price of water.
o Xeriscape Incentive Program (XIP) which assists customers in removing grass for more native
plants that decrease water demand in the long term.
o Allotment Management Program (AMPP) provides eligible Utilities customers with a temporary
waiver from their EWU fees if they meet certain qualifications.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 5
Given the substantial increase to the WSR and EWU fees, staff acknowledges the importance of
communication and engagement with Council, Boards and Commissions, the community, and internal
colleagues.
Staff intends to:
Meet with internal staff, Water Commission, Planning and Zoning Commission, Chamber of
Commerce, Economic Advisory Board, and Development Review Executive Team (mid-August -
early October).
Email developers with projects in the development review process and assist in their payment of WSR
ahead of the fee increase (August).
Email customers who have incurred EWU charges so they can consider paying a WSR to increase
their allotment (August - September).
Fort Shorts e-newsletter (internal staff) (August).
Update City website (August).
Lunch and Learn or Open House for development community (October).
Communicate with the Affordable Housing Board and Building Review Commission (September).
City News e-newsletter (September).
Building Services e-newsletter (September).
Fort Collins Area Chamber of Commerce e-newsletter (September/October).
ATTACHMENTS
1. Presentation
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Utilities Water Director
Jason Graham
Water Supply
Requirements and
Excess Water Use
Fee Updates
August 8, 2023
Jen Dial
Utilities Water Resource ManagerPage 111
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2
Agenda
•Purpose
•Water Supply Requirements (WSR)
and Excess Water Use (EWU) fees
•Evaluation
•Frequently Asked Questions
•Outreach
•Options and Considerations
•Recommendation
•Discussion
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3
Purpose
•Share with City Council the need for WSR and EWU fee increases.
•Does Council have any questions regarding the need and evaluation of WSR
and EWU fees?
•Does Council have any specific direction for outreach and implementation of
the WSR and EWU fees?
Page 113
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Headline Copy Goes HerePurpose
4
•Utilities has been developing and
maintaining a high-quality water system for
nearly 150 years.
•Our innovative and forward-thinking
approach has provided reliable water for our
community.
•Currently we are focused on:
•Taking care of our existing system
•Water quality and conservation
•Regulations
•Climate resiliency (drought, water
scarcity, historic weather events)
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5
Purpose
•The market cost of water continues to significantly
increase:
•Scarcity of water in the West
•Competition for limited water resources
•Storage project costs continue to increase:
•Permitting process
•Construction costs
•Development pays its own way which prevents
impacts to existing customers
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Headline Copy Goes HereWhat is an Acre-Foot (AF)?
6
•An AF of water equals about 326,000 gallons, or enough water to cover a
football field 1-foot deep.
•One acre-foot can supply water to 3-4 single-family homes in Fort Collins per
year.
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7
WSR and EWU Fees
WSR Fee
•New development and re-
development
•One-time fee per AF
•Buys into the current value of
Utilities’ water portfolio, in exchange
for water service in perpetuity
EWU Fee
•Annual fee for commercial allotment
customers
•Fee per 1,000 gallons over
assigned allotment
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Growth Management Area
(GMA)
Fort Collins Utilities
ELCO Water District Fort Collins
Fort Collins-Loveland Water
District
West Fort Collins Water District
WSR and EWU Applicability
8
~11,000
Fort Collins
Residents
~137,000 Fort Collins
Residents
~24,000 Fort Collins
Residents
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Headline Copy Goes HereEvaluation
9
•Hired FCS Group and West Water
Consultants to evaluate
•Colorado-Big Thompson Project
(C-BT) prices increased 52x in 30
years while inflation increased 2x.
•Non-C-BT water rights costs have
increased as well ~143,000 AF
•Last significant increase was 2021
($22,145 to $68,200)
•Halligan Reservoir expansion costs
have almost doubled since 2019
•Should evaluate a minimum of every
two years
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
$160,000.00
$180,000.00
Fort Collins WSR vs. C-BT
Cost per AF
WSR C-BT
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10
Evaluation
Water
Rights
•Must expand current water storage to
fully capture current rights
•Expansion of Halligan
Water
Storage
•Equates to $179,500 / AF from water
economics standpoint
WSR
Fee
•30,160 AF, valued at $5.1 billion
•8% available for future growth
•Expansion of portfolio planned
+
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11
Evaluation
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12
Evaluation
$0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000
Loveland
Greeley
Longmont
Johnstown
Fort Collins - Proposed
Broomfield
East Larimer County
Fort Collins-Loveland
Residential Property Fees
4 BR Single-Family
7,300 SF Lot
Provider
Dedication
Required (AF)
Fort Collins-Loveland 0.80
ELCO 0.58
Broomfield 0.50
Fort Collins 0.31
Johnstown 0.50
Longmont 0.76
Greeley 0.50
Loveland 0.45
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13
Evaluation
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14
Evaluation
$0 $100,000 $200,000 $300,000 $400,000
Longmont
Loveland
Fort Collins-Loveland
East Larimer County
Greeley
Fort Collins - Proposed
Broomfield
Commercial Property Fees -Restaurants
Provider
Dedication
Required (AF)
Broomfield 3.52
Fort Collins 1.76
Greeley 2.31
ELCO 0.79
Ft. Collins –Loveland 0.70
Loveland 1.00
Longmont 0.76
Restaurant Business
4,000 SF
¾” Meter Tap
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15
Frequently Asked Questions
•Does the City plan to purchase more water rights?
•Yes, the City is always evaluating potential water rights purchases to expand our portfolio for growth.
•Are the fees increasing to pay for the Halligan Water Supply Project?
•No, the need to increase the fees exists regardless of Halligan. Halligan is only ~8% of our total
water portfolio value.
•What do we expect for future water costs?
•We expect water rates to continue to go up.
•What have you heard from stakeholders?
•Internal stakeholders and existing customers have expressed concerns with the rapid increase in
cost impacting their ability to do business, especially for affordable housing and small businesses.
•How is this related to the water adequacy code updates?
•WSR relates to our water rights and storage for customers in Utilities’ service area. Water adequacy
determination ensures a water provider can deliver reliable and safe water to their customers.
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Item 2.
Headline Copy Goes HereOutreach -Inform
16
•Email allotment
customers
•Email developers
in review
process
•Post notice on
Utilities’ website
•Water Commission
presentation
•Planning and
Zoning
Commission
•Chamber of
Commerce
•Economic Advisory
Board
Development
Review Executive
Team
completed 3rd and 4th Quarter 2023
•Communicate with
Affordable Housing
Board and Building
Review
Commission
•Lunch and Learn •Internal and
external e-
newsletters
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Item 2.
Headline Copy Goes HereRecommendation
17
•Increase WSR fees from $68,200 to $179,500 per AF starting January 1, 2024.
•Increase EWU fees from $16.67 to $43.87 per 1,000 gallons starting January 1,
2024.
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Item 2.
Headline Copy Goes HereOptions and Considerations
18
1.Move forward with staff recommendation at projected pace and implement
fees January 1, 2024.
2.Evaluate different payment options for:
•Current development review customers
•Small businesses
•Most marginalized customers
•Affordable housing development
3.Enhance conservation programs to help offset the price of water.
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Item 2.
Headline Copy Goes Here
19
Discussion
•Does Council have any questions regarding the need and evaluation of WSR
and EWU fees?
•Does Council have any specific direction for outreach and implementation of
the WSR and EWU fees?
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Item 2.
Headline Copy Goes Here
20
•End of End of presentation-start of back slides of
Presentation-Back-Back up
Page 130
Item 2.
Headline Copy Goes HereImpacts by Customer
21
•New Development
•~25%will occur in the Utilities service area
•Developers currently in the development review process that would be affected
•Re-development
•Infill and redevelopment with an increase in water service
•Expected, but exact amount unknown
•Existing Customers with Allotments
•Up to 260 customers/year have paid EWU fees since 2016
⎻$500,000 to $1.7 million annual collection
•Could purchase additional WSR to avoidPage 131
Item 2.
Headline Copy Goes HereOptions and Considerations
22
•Discuss developing a program or rate structure to address impacts to most
marginalized customers, such as affordable housing and small businesses
•Expand or modify existing water conservation programs such as:
•Allotment Management Program (AMP) which provides eligible customers
with a temporary EWU waiver if they meet certain qualifications
•Xeriscape Incentive Program (XIP) which assists customers in removing
grass for more native plants that decrease water demand in the long term
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Item 2.
Headline Copy Goes Here
23
History and Water Story
19th
Century
Settlement in
Northern Colorado
Ditches, streams,
canals –water and
wastewater
Fires lead to first
Municipal Water Works
20th
Century
Regulations
Water resources and
infrastructure
acquisition
Federal funding
Michigan Ditch, Joe
Wright Reservoir
Horsetooth and C-BT
Treatment Facilities
21st
Century
Asset management
Water quality and
conservation
Regulations
Climate resiliency
Regional partnerships
One Water
Federal funding
Page 133
Item 2.
Headline Copy Goes HereProposed Fee
24
Page 134
Item 2.