HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - ITEMS RELATING TO BOARDS AND COMMISSIONS AGENDA ITEM SUMMARY ITEM NUMBER: 29 A-B
FORT COLLINS CITY COUNCIL DATE: June 4, 2002FROM
Wanda Krajicek
SUBJECT :
Items Relating to Boards and Commissions.
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2002-062 Making Amendments to the Boards and Commissions Manual and
Establishing Policies Relating to the Recruitment and Appointment Process for Boards and
Commissions.
B. First Reading of Ordinance No. 093, 2002, Amending Certain Sections of Chapter 2 of the
City Code Relating to Boards and Commissions Membership Terms.
During the annual recruitment process for boards and commissions last fail, Council expressed a
desire to streamline the application/interview process. Staff prepared a questionnaire to collect
information regarding the application/interview process in other communities. The questionnaire
was sent to 20 municipalities and the information was summarized and presented to the Council
Governance Committee on April 17,2002. The Council Governance Committee also addressed how
boards and commissions could more effectively communicate the viewpoints of all boardmembers
to Council and the City Manager. Following is a summary of the changes suggested by the
Governance Committee on April 17, 2002:
Resolution 2002-062
Options A and B - Eligibility Requirements:
❑ OPTION A: Requires applicants to be registered voters(except those under 18 years
of age) and to reside within the Fort Collins city limits for at least one year.
❑ OPTION B: Requires applicants to be registered voters(except those under 18 years
of age) and to reside within the Fort Collins Growth Management Area for at least
one year.
DATE: June 4, 2UU2
ITEM NUMBER:
Application/Appointment Process:
❑ Advertising will include all boards, but will specify which boards have actual
vacancies(no incumbents)and which boards are accepting applications solely for the
purpose of establishing eligibility lists for future vacancies.
❑ Limits applicants to applying for membership on no more than two boards or
commissions.
❑ Calls for strict adherence to the application deadline, with late applications being
placed on file for future vacancies.
❑ Preference given to reappointment of eligible incumbents if no violations of policies
or Code/Charter provisions have occurred. NOTE: Eligible incumbents seeking
reappointment will file a statement of intent with the Clerk's office (rather than an
application). Incumbents will not be required to interview.
Meeting Minutes:
❑ Makes changes to the"Minutes"section of the Manual requiring that minutes contain
details regarding individual viewpoints and opinions and include reasons for
dissenting votes.
Ordinance No. 093, 2002
Membership Terms:
❑ Appoints boardmembers to three-year terms and limit appointments to two
consecutive three-year terms.
❑ Eliminates the provision that allowed Water Board members to serve three full terms
as opposed to the two full terms applied to other boards and commissions.
NOTE: For the purposes of these provisions, a "term" shall include the balance of an
unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds
twenty-four(24) months.
RESOLUTION 2002-062
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AMENDMENTS TO THE BOARDS AND COMMISSIONS MANUAL
AND ESTABLISHING POLICIES RELATING TO THE RECRUITMENT AND
APPOINTMENT PROCESS FOR BOARDS AND COMMISSIONS
WHEREAS, the City currently has several boards and commissions appointed by the City
Council; and
WHEREAS,the information pertaining to membership lists,descriptions of each board and
commission, meeting schedules, conflict of interest guidelines, appeal procedures, and general
information regarding membership limitations,attendance policies and other responsibilities of the
City's boards and commissions is contained in a Boards and Commissions Manual(the"Manual"),
maintained by the City Clerk, which Manual was last adopted by the City Council by Resolution
2001-26; and
WHEREAS,Resolution 2001-26 requires that amendments to the Manual which constitute
policy changes shall be made only by the Council by resolution, except that changes that are
consistent with resolutions and ordinances adopted by the Council may be made administratively by
the City Clerk's Office; and
WHEREAS,the Council Governance Committee has recently recommended certain changes
to the membership requirements and limitations contained in the Manual; and
WHEREAS, the Governance Committee has also recommended changes to the provisions
relating to the preparation of meeting minutes in an effort to provide the Council with comprehensive
information documenting discussions of individual boards and commissions,particularly with regard
to dissenting opinions; and
WHEREAS,the Governance Committee has also recommended changes to the recruitment
and appointment process for boards and commissions; and
WHEREAS, the Council wishes to adopt the changes recommended by the Governance
Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
i
Section 1. That the provisions relating to Membership Limitations, as contained on page 8
in the Boards and Commissions Manual dated January 2002,are hereby amended to read as follows:
Membership Limitations
The following limitations and requirements are applied to board or commission
membership:
No person may serve on any one board or commission for more than eight ($j
consectitive wo complete terms)-'- In the event that an individual fills the
unexpired term of a board or commission member,that unexpired term shall net-be
counted as a complete term
No person will be appointed by the City Council to serve concurrently on more than
one board or commission.
OPTION A: All persons appointed to,or serving on,any board or commission shall
b
6ered�vltadr I8 years~ M1 r1l 4
( vtB cjrIqJW�,year. Any member who relocates outside of the
I�o1y ;'NA
uh during his or her term of service on a
board or commission shall resign his or her membership Zhgiireme�t� litl
ap { +to u/l rntitvfdualstappatoi reap ° ° r�gj!tr A ar Z'Jrese
fimitutimm-shall not apply to applicants for or members of the General Employees
Retirement Committee
OR
OPTION B: All persons appointed to,or serving on,any board or commission shall
be residents of the city of Foit eottin. or reglstezed eaters (except those under.o
year of aged anrl:§hall reside,within the Fort Collins Urban Growth Manage rtent
Area for' jdast'itife year. Any member who relocates outside of the Urban Growth
Map@gen€Area during his or her term of service on a board or commission, shall
resign his or her
d�,o reamgpeominbreertsf,h, ieptf# Z"fese rel"s * h"Al,U
t 'tqall rrdsi44 st hall
not
apply to applicantsfor or members of the General Employees Retirement Committee
Section 2. That the provisions relating to the preparation of meeting minutes, as contained
on pages 19 through 21 in the Boards and Commissions Manual dated January 2002, are hereby
amended to read as follows:
Minutes
Minutes must be taken of any meeting of a board or commission (or committee of a
board or commission) 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 2-73 of the City Code requires that approval of minutes shall occur
no later than the next regular meeting of the board,commission 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§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.
Except with regard to the documentation of executive sessions, state law and City
Code do not prescribe the level of detail to be contained in the minutes. As provided
in the City Code, minutes of executive sessions are not taken. However, the City
Code does require that the executive session be tape recorded in most circumstances
(see"Executive Sessions"for more details). At a minimum,the minutes of a meeting
should contain the following information:
Date, time and location of the meeting.
Listing of members present and a statement that such members
constituted a quorum.
General outline of each major topic discussed, considered, and the
outcome.
Comments of ii l fdtital board'.,rttembers ii h,Wh explain the
indivtdual's viewpoints and opinions
Verbatim(to the extent possible)recital of all motions along with the
recording of how each member voted on each motion.
Staterients,made mildU40tad tnembe
voW�:rt is ei y im „ ,w ;K that WgWMOU. � d
Detailed recital of all formal action taken.
If a motion is made to go into executive session, the minutes must
reflect the topic for the executive session in as much detail as possible
without compromising the purpose for which the executive session is
to be held. The specific citation to the provision of the City Code that
authorizes the board or commission to meet in executive session, as
well as the vote on the motion, must be carefully documented. (See
next section on executive sessions.) Additionally, the time of
convening and adjourning the executive session should be noted.
Time of adjournment.
In situations where the board or commission is acting in a quasi-judicial manner or
is otherwise conducting an important or controversial meeting, the minutes of a
meeting may not be sufficient to adequately record the events of the meeting. In
those situations, City staff or the City Attorney's Office may recommend that the
meeting be electronically recorded or recorded with the assistance of a court reporter.
Even in this situation, minutes should still be taken as the electronic recording or
stenographer's notes may never be transcribed.
Approval of Minutes
Any additions,deletions,or corrections to the minutes should be presented by board
and staff members.
A motion should be made and seconded to approve the minutes of the last meeting
as amended.
The approved minutes should be signed by the chairperson and secretary of the board
or commission.
Discussion Items
While the minutes should be as accurate as possible, the secretary is not required to
record every remark made at the meeting. The secretary should not make the minutes
a verbatim transcript.
The minutes 'should include a description of each item being discussed. Listing
questions and answers during discussion of each item is not necessary; however,
comments that summarize board member positions on each item should be included
as support for each board members vote on each issue (iEIOEe * ; >i
tlxw^_iiltttutes ref[ec Clr feasori for dissenoiig voieg:J
. The exact wording of any motion made should be included in the minutes, and the
maker and second of the motion should be noted. If the motion is approved or
defeated unanimously, such should be noted. If the vote on a motion is split, the
record should reflect those voting in favor#VAK@WMand those voting against the
motion.
NOTE: Special matters -- such as annexation and zoning hearings -- may require
considerably more detail. Items being forwarded for City Council
consideration should also include more detail.
Adjournment
Recording adjournment of a meeting in the minutes is advisable, since it indicates
whether the meeting was finally adjourned,or adjourned to another time prior to the
next regular meeting. The adjournment should specify the time the meeting was
adjourned, and if the meeting was adjourned to a later date and hour.
Filing and Distribution of Minutes
Written minutes of board and commission meetings are considered permanent
records of the municipality. The Code of the City of Fort Collins requires boards and
commissions to file minutes with the City Clerk for incorporation into the records of
the municipality. In addition to the im copy submitted to lite eity Eletk,
eC on slioullagttzvaclit ' _
ek
Four copies of the minutes should aI be provided to the City Manager's
Office for distribution to the Mayor, Council Liaison, City Manager and the media.
Tape recordings do not take the place of written minutes and should be used only in
preparation of minutes. It is recommended that tape recordings of meetings be
retained at least until the minutes are approved, and ideally for 2 to 3 months.
Minutes shall be taken of any meeting of any board or commission of the city,or any
committee of such board or commission, at which the adoption of any proposed
policy, position, resolution, rule, regulation or formal action occurs or could occur.
Such minutes shall be open to public inspection and shall be filed with the City Clerk
upon approval by such board,commission or committee. Such approval shall occur
no later than the next regular meeting of the board,commission or committee,except
in those instances when an audio or video recording has been made and maintained
by the City of the board, commission or committee meeting which is the subject of
the minutes. The minutes of a meeting during which an executive session is held
shall reflect the general topic of the discussion at the executive session.
Section 3. That the Council hereby establishes the following policies relating to the
recruitment and appointment process for boards and commissions:
• Individuals shall be limited to applying for membership on no more than two
(2) boards or commissions.
• Applications received after the application deadline established by the City
Clerk's Office will not be considered for current vacancies, but must be
placed on file for a period of one (1) year for consideration in the event of
future vacancies.
• Prior to the expiration date of an incumbent's term, an incumbent seeking
reappointment must file with the City Clerk's Office a statement of intent to
seek reappointment, in lieu of a full application, on or before the deadline
established by the City Clerk for the filing of new applications. If an
incumbent fails to file said statement of intent prior to the deadline
established by the City Clerk, the incumbent's position on the board or
commission will be considered to be vacant upon completion of the
incumbent's term.
• Incumbents seeking reappointment shall not be required to interview for
reappointment unless the Council Liaison requests an interview.
• Incumbents shall be given preference in determining appointments to boards
and commissions unless an incumbent, during his or her tenure as a board
member,has violated any provisions of the City Charter or City Code,or any
policies relating to boards and commissions as may be established by the City
Council.
• The City Clerk's Office shall create advertising materials which accurately
reflect which boards and commissions will have vacancies and which boards
are accepting applications solely for the purpose of establishing eligibility
lists for future vacancies.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 4th day of June, A.D. 2002.
Mayor
ATTEST:
City Clerk
. ORDINANCE NO. 093, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF CHAPTER 2 OF THE CITY CODE
RELATING TO BOARDS AND COMMISSION MEMBERSHIP TERMS
WHEREAS,the City of Fort Collins currently appoints board and commission members to
four-year terms, with a maximum of two consecutive four-year terms; and
WHEREAS, the Council wishes to change the membership terms for boards and
commissions to three-year terms,and to limit individual appointments to two consecutive three-year
terms.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Sections 2-82(b), 2-92(b), 2-102(b), 2-118(b), 2-152(b), 2-167(b), 2
182(b), 2-202(b), 2-202(b), 2-232(b), 2-237(b),2-262(b), 2-277(b), 2-292(b), 2-307(b), 2-337(b),
2-307(b), 2-352(b), 2-419(b), 2-427(b), and 2-452(b), 7-27(b), 21-27(b) and 21-87(b) of the Coale
of the City of Fort Collins relating to membership terms for boards and commissions be arrirr;ded
to read as follows:
(b) Each member shall serve without compensation for a term of f0ttr{4)jlipm
wears, except that members may be appointed by the City Council for a shorter
term in order to achieve overlapping tenure. Appointments shall specify the term of
office of each individual. All members shall be subject to removal by the City
Council. If a vacancy occurs on the board, it shall be filled by the City Council for
the remaining unexpired portion of the term. No member shall serve more than two
(2) consecutive foar-gear Cure =dear terms For tttses of thts, wa1t; a
"term"shad tr elude the tin "t of an une telit kby a persot *p6mted
to 61I,4 Va nc y't, '.. . d term ti'14 k��{ r})months
Section 2. That Section 2-138(b) of the Code of the City of Fort Collins relating a:
membership terms of the Citizen Review Board shall be amended to read as follows:
(b) Each member shall serve without compensation for a term of fenr(4) three
(3)'years,except that members may be appointed for a shorter or longer term in order
to achieve overlapping tenure.Appointments shall specify the term of office of each
individual. All members shall be subject to removal by the City Council, with or
without cause. When a vacancy occurs on the board prior to or at the expiration of
a term,the vacancy shall be filled for the remaining unexpired portion of the term or
for a new term,whichever is applicable,by City Council appointment pursuant to the
process described in subparagraph (a) of this Section. No member shall serve more
• 1
than two (2) consecutive fenr-Year terms.
Section 3. That Section 2-397(b) of the Code of the City of Fort Collins relating to
membership terms of the Senior Advisory Board shall be amended to read as follows:
(b) Each member appointed by the City Council shall serve without
compensation for a term of four(4) ffJM years, except that members may be
appointed by the City Council for a shorter term in order to achieve overlapping
tenure. Appointments shall specify the term of office of each individual. Each
member appointed by the City Council shall be subject to removal by the City
Council. If a vacancy occurs on the board by reason of the depaittite of a member
VFOinted by the eity ,it shall be filled by the City Council for the remaining
unexpired portion of the term.No member appointed by the City Council shall serve
bmorean two (2) consecutive fottr-Year' terms.
x
Section 4. That Section 2-437(b) of the Code of the City of Fort Collins relating to
membership terms of the Water Board shall be amended to read as follows:
(b) Each member shall serve without compensation for a term of fear(4)
years, except that members may be appointed by the City Council for a shorter
term in order to achieve overlapping tenure. Appointments shall specify the term of
office of each individual. All members shall be subject to removal by the City
Council. If a vacancy occurs on the board, it shall be filled by the City Council for
the remaining unexpired portion of the term.No member shall serve more than three
(3) tt�� (2� consecutive oar-Year fh terms Fq� pYupeges�t q�ti5
p��
k Y 5; d & TFS`I ix. L e t F YPY
ippot3 .,. IL a va< tj if Bach tuie%pu e. xc?eeds cw 31 fct ( t# tifiis
Section 5. That Section 2-445(b) of the Code of the City of Fort Collins relating to
membership terms of the Youth Advisory Board shall be amended to read as follows:
(b) Each member over the age of twenty-one (2 1) years at the time of
appointment shall serve without compensation for a term of fom-(4)three(3)years,
except that such members may be appointed by the City Council for a shorter term
in order to achieve overlapping tenure. Each member under the age of twenty-one
(21)years at the time of appointment shall serve without compensation for a term of
no less than one (1) year and no more than four (4) thre years. Appointments
shall specify the term of office of each individual. All members shall be subject to
removal by the City Council.If a vacancy occurs on the board,it shall be filled by the
Council for the remaining unexpired portion of the term or one (1) year, whichever
2
• is longer. A member over the age of twenty-one(21)years at the time such member's
term expires shall be eligible to apply for one(1)additional term of four(4)
s. i&==v
Introduced and considered favorably on first reading and ordered published this 4th day of
June, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of July, A.D. 2002.
•
Mayor
ATTEST:
City Clerk
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