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HomeMy WebLinkAboutAgenda - Mail Packet - 7/18/2023 - Board And Commissions Ad Hoc Committee Agenda – July 19, 2023Committee Members: Emily Francis, District 6, Chair Tricia Canonico, District 3 Julie Pignataro, District 2 Kelly Ohlson, District 5, alternate Fort Collins City Council Ad Hoc Committee for Boards and Commissions Agenda Regular Meeting 4:00 p.m., Wednesday, July 19, 2023 Remote Only via Zoom Zoom link: https://fcgov.zoom.us/j/95883901057 NOTICE: Regular meetings of the Ad Hoc Committee for Boards and Commissions are held on the 1st Wednesday of each month at 4:00 p.m. unless otherwise stated. Meetings are conducted in a hybrid format, with a Zoom webinar in addition to the in-person meeting in the CIC Conference Room at City Hall. Councilmembers may participate in this meeting via electronic means pursuant to their adopted policies and protocol. How to view this Meeting: Meetings are open to the public and can be attended in person by anyone. Meetings are available through the Zoom platform, electronically or by phone. Call in: +1 720 928 9299 Meeting ID: 958 8390 1057 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 48 hours advance notice when possible. 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 48 horas de aviso previo cuando sea posible. There are four options for members of the public who would like to participate in or provide input regarding Council Committee meetings: Comment in real time: In person attendees can address the C in the During the public participation portion of the meeting and discussion items: The public can join the Zoom meeting and comment from the remote meeting, joining online or via phone. Join the online meeting using the link in this agenda to log in on an internet-enabled smartphone, laptop or computer with a speaker and microphone. Using earphones with a microphone will greatly improve audio experience. To be recognized to speak during public participation portions of the meeting, click the 'Raise Hand' button. Participate via phone using the call in number and meeting ID below. Enter the meeting ID when prompted, and then hit the # key. Call in number: 720 928 9299 Meeting ID: 958 8390 1057 During public participation opportunities in the meeting, press *9 to indicate a desire to speak. Submit written comments: Email comments about any item on the agenda to cityleaders@fcgov.com Written comments can be mailed or dropped off at the City Clerk's Office at City Hall, at 300 Laporte Ave, Fort Collins, CO 80522 The Ad Hoc Committee is supported by the Office of the City Clerk cityclerk@fcgov.com 970.221.6515 Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ 7/19/2023 – Agenda Page 1 Agenda Ad Hoc Committee for Boards and Commissions July 19, 2023 – 4:00 PM Remote Only via Zoom at https://fcgov.zoom.us/j/95883901057 Remote Participation Available A) Call Meeting to Order B) Roll Call C) Approval of Minutes 1. The purpose of this item is to approve the draft minutes of the June 15, 2023, Ad Hoc Committee for Boards and Commissions meeting. D) Discussion / Informational Items 2. Review and discuss the Resolution forming the ad hoc committee, the Women’s Advisory Board, the Bicycle Advisory Committee, the Affordable Housing Board and the request from Housing Catalyst, an update from the Golf Board, the final draft of the Code of Conduct and complaint process, the final draft of Anti-Discrimination and Anti- Harassment Policy, and to formally vote on Committee recommendations. The purpose of this item is to review and discuss the Resolution forming ad hoc committee, the Women’s Advisory Board, the Bicycle Advisory Committee, the Affordable Housing Board and the request from Housing Catalyst, an update from the Golf Board, the final draft of the Code of Conduct and complaint process, the final draft of Anti-Discrimination and Anti-Harassment Policy, and to formally vote on Committee recommendations. E) Other Business F) 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 cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. - Page 1 - 6/15/2023 – Minutes Page 1 Minutes Ad Hoc Committee for Boards and Commissions June 15, 2023 – 4:30 PM CIC Conference Room, City Hall, 300 Laporte Ave and via Zoom at https://fcgov.zoom.us/j/96632430604 Remote Participation Available A) Call Meeting to Order  4:38 PM B) Roll Call  Committee Members Present: Julie Pignataro, Tricia Canonico, Kelly Ohlson (Alternate)  Staff Members Present: Davina Lau, Rupa Venkatesh, Jenny Lopez-Filkins, LeAnn Williams, Mike Calhoon, Scott Phelps  Members of the Public: Emily Gallichotte C) Approval of Minutes 1. The purpose of this item is to approve the draft minutes of the May 3, 2023, Ad Hoc Committee for Boards and Commissions meeting. Committee Member Canonico made a motion, seconded by Committee Member Ohlson, to approve the minutes of the May 3, 2023 meeting. The motion was adopted unanimously. D) Discussion / Informational Items 2. Review and discuss committee progress, board evaluation tools, Youth Advisory Board Code changes, consolidation of the Golf Board, recruitment efforts, council liaison responsibilities, and final drafts of the Anti-Discrimination and Anti-Harassment Policy, Code of Conduct and complaint process, and Council Liaison responsibilities. The purpose of this item is to review and discuss the progress of what the Ad Hoc Committee has accomplished up until this point, to review what needs to be considered by full Council for approval, to review key dates, to Review revisions to the Anti-Discrimination and Anti- Harassment Policy as well as the Code of Conduct and complaint process, to review the updated Council Liaison responsibilities, and to discuss improvements to recruitment and the evaluation of boards. Assistant City Manager Rupa Venkatesh outlined the items the Committee has addressed for administrative changes and those that will need Council consideration. She discussed the plans for surveying Board and Commission members and the criteria that will be utilized for determining whether a Board or Commission should sunset, be repurposed, or be newly formed. Committee Member Ohlson asked about the criteria for merging Boards. Assistant City Manager Venkatesh outlined those considerations noting that would be decision for the full Council. - Page 2 - Section C, Item 1. 6/15/2023 – Minutes Page 2 Assistant City Manager Venkatesh stated the Youth Advisory Board will be discussed per a recommendation from LeAnn Williams, the Recreation Department Director, related to quorum issues and a lack of applications for vacancies. Staff Member Williams commented on issues with the Youth Advisory Board and stated recruitment will naturally occur if the City works to make the Board more robust. Acting Chair Pignataro asked about initial recruitment plans. Staff Member Williams replied work will be done with schools and various groups within schools as well as other community organizations to ensure diversity. Committee Member Canonico suggested participating in beginning of school year club information sessions. Staff Member Williams replied that will be made a priority and noted existing members will ultimately be participating in that role. Staff Member Williams outlined the structural changes that are being suggested for the Board, including limiting the Board to no more than 12 members with a couple alternates, having the ability to meet with other youth boards in the area, and giving the Board the opportunity to complete an annual project and participate in an annual retreat. Assistant City Manager Venkatesh stated the item will be brought before the Committee at the July meeting for a formal recommendation. Assistant City Manager Venkatesh provided an example of when the assessment tools and indicators would be used to determine whether a Board should be sunsetted or repurposed, in this case, the consolidation of the Golf Board and Parks and Recreation Board. Mike Calhoon, Director of Parks, discussed the history of golf in the city, noting it was originally started by a private golf association, not the City. He also commented on the history of Parks and Recreation in the City organization as well as the City’s takeover of golf and the formation of the City’s three courses. As it is unlikely the City will construct another municipal course, he stated the Golf Board may no longer serve a purpose on its own and the Parks and Recreation Board could cover the golf topic. Acting Chair Pignataro asked how members of the Golf Board feel about the idea of combining the Boards. Scott Phelps, Manager of Golf and staff liaison to the Board, replied there are only four members, therefore, if only one member does not attend a meeting, there is a lack of quorum; therefore, there is an overall level of frustration. Staff Member Calhoon noted the Parks and Recreation Board is excited about the idea of including golf. He also commented on the Golf Board’s formation of a youth scholarship fund and moving that to the City Give area for management. Assistant City Manager Venkatesh outlined the proposal to expand the Parks and Recreation Advisory Board to include up to 13 members to allow the four Golf Board members to participate until their terms expire. Committee Member Canonico commended the proposal as a thoughtful solution. Acting Chair Pignataro concurred. Assistant City Manager Venkatesh outlined the proposed changes related to the Council liaison responsibilities, which are suggested to be added to the Code. Committee Member Ohlson questioned why the responsibilities are slated to be part of the ethical rules of conduct section. Acting Chair Pignataro stated she believes it is appropriate given ethics complaints that could be filed related to why Council liaisons may be present at a Board or Commission meeting. - Page 3 - Section C, Item 1. 6/15/2023 – Minutes Page 3 Committee Member Canonico asked if there are guidelines around how many meetings should be attended by Council liaisons. Assistant City Manager Venkatesh replied that will be part of Council and Board onboarding and the topic will be discussed when Council liaisons are assigned to Boards. Committee Member Ohlson commented on the importance of ensuring Boards understand why Council liaisons may not be attending regular meetings. Staff Member Davina Lau discussed Board onboarding during which she notes Council liaisons do not regularly attend Board meetings; however, Boards can send invitations to attend. Committee Members discussed how they would prefer to be invited to meetings. Assistant City Manager Venkatesh discussed the change in name from the Respectful Workplace Policy to the Anti-Discrimination, Anti-Harassment Policy. Jenny Lopez-Filkins, City Attorney’s Office, discussed the language addition of an example related to religious beliefs, or lack thereof. Committee Member Ohlson expressed concern an example may not cover the topic. Staff Member Lopez-Filkins replied the language does address the issue from a legal standpoint. Committee Member Ohlson questioned the policy’s name change. Assistant City Manager Venkatesh replied ‘workplace’ does not necessarily apply to Boards and Commissions. Assistant City Manager Venkatesh discussed the Code of Conduct, which is a new document that was brought forward to help address standards of behavior for Board and Commission members and put together a formal complaint process. She noted the language was crafted to ensure speech is not being limited and the complaint process also includes an informal resolution piece. Committee Member Ohlson stated he disagrees with having a Code of Conduct for Council as Council is accountable to the electorate and the Anti-Discrimination, Anti-Harassment Policy covers many of the items. He stated he does not believe someone getting their feelings hurt should have a process available by which they can make a complaint and expressed concern the process could be weaponized. Committee Members discussed changes that could help to alleviate his concerns related to the inclusion of wording related to knowingly making false statements. Acting Chair Pignataro requested staff analyze the possible changes for unintended consequences prior to the next meeting. Committee Member Ohlson expressed concern with the language related to respecting the legitimacy and authority of decisions that have been finalized regardless of personal position on the issue. Staff Member Lopez-Filkins stated this language does not preclude Council from exercising other democratic processes. Acting Chair Pignataro commented on the intent of the language and suggested there could be a way to alter it to indicate the Board’s ability to conduct further business should not be altered by a decision on a previous item. Committee Member Ohlson expressed concern with the language related to respecting fellow members, staff, and the public by treating all with patience, courtesy, and civility at all times, again, out of fear a complaint could be filed by someone who feels uncomfortable. Staff Member Lopez-Filkins replied the purpose of the Code of Conduct is to give people who are experiencing consistent behavior that is making them feel uncomfortable or unsafe an avenue to do something about it. Committee Member Canonico concurred patience may be a difficult term, though people should always be civil. Acting Chair Pignataro expressed support for eliminating ‘patience.’ - Page 4 - Section C, Item 1. 6/15/2023 – Minutes Page 4 Assistant City Manager Venkatesh discussed the complaint and resolution process, including the informal resolution process. She stated this will help formalize the process and will also provide data for an applicant who reapplies. Committee Member Ohlson stated he believes it should be the job of staff and the Chair to address complaints and the formality of this language and process seems to be overkill. Staff Member Lau stated this process aims to address recurring issues. Committee Member Ohlson expressed concern Board members may be afraid of speaking their mind out of fear of offending someone and this leading to a lack of dialogue and decision- making. Assistant City Manager Venkatesh stated the Board members and Chairs that have brought forth issues are looking forward to this process. Committee Member Ohlson stated he does not understand why this Code of Conduct applies to Council as its members are accountable to the public. Acting Chair Pignataro stated this Code will help protect the people who have been encouraged to run and be elected to Council, such as those that may not be from a privileged background. Committee Member Canonico commented on feeling attacked during her first debate and stated there were no rules in place related to consequences for that behavior, despite it being specifically prohibited. E) Review of Upcoming Calendar Acting Chair Pignataro requested the Bicycle Advisory Committee be discussed at the next meeting given its unusual make-up. Committee Member Ohlson suggested the possibility of including pedestrians in the Committee. Committee Member Canonico suggested including all active modes. Committee Members discussed the date and format of the July 19th meeting. Assistant City Manager Venkatesh stated the Women’s Advisory Board and Affordable Housing Board will also be discussed at the July meeting as will the Code of Conduct and Boards and Commissions Manual. F) Other Business G) Adjournment  6:29 PM Next Scheduled Committee Meeting: 4:00 PM, July 19, 2023 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 cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. - Page 5 - Section C, Item 1. City Council Agenda Item Summary – City of Fort Collins Page 1 of 2 July 19, 2023 AGENDA ITEM SUMMARY City Council STAFF Rupa Venkatesh, Assistant City Manager Davina Lau, Public Engagement Specialist SUBJECT Review and discuss committee progress, board evaluation tools, Youth Advisory Board Code changes, consolidation of the Golf Board, recruitment efforts, council liaison responsibilities, and final drafts of the Anti-Discrimination and Anti-Harassment Policy, Code of Conduct and complaint process, and Council Liaison responsibilities. EXECUTIVE SUMMARY The purpose of this item is to review and discuss the Resolution forming ad hoc committee, the Women’s Advisory Board, the Bicycle Advisory Committee, the Affordable Housing Board and the request from Housing Catalyst, an update from the Golf Board, the final draft of the Code of Conduct and complaint process, the final draft of Anti-Discrimination and Anti-Harassment Policy, and to formally vote on Committee recommendations. STAFF RECOMMENDATION None BACKGROUND / DISCUSSION None CITY FINANCIAL IMPACTS None BOARD / COMMISSION / COMMITTEE RECOMMENDATION None PUBLIC OUTREACH None ATTACHMENTS 1. Ad Hoc Presentation 7-19.pptx - Page 6 - Section D, Item 2. City Council Agenda Item Summary – City of Fort Collins Page 2 of 2 2. Resolution 2022-122.pdf 3. Gender Equity Board Member Research.pdf 4. Code of Conduct Final Draft.docx 5. Anti-Discrimination and Anti-Harassment Policy Final Draft.docx - Page 7 - Section D, Item 2. Ad Hoc Committee for Boards and Commissions July 19, 2023- Page 8 - Section D, Item 2. 2July Agenda •Review of Resolution forming ad hoc committee •Women’s advisory board •Bicycle Advisory Committee •Affordable Housing Board –request from Housing Catalyst •Update from Golf Board •Final draft of Code of Conduct policy and complaint process •Final draft of Anti-Discrimination and Anti-Harassment Policy •Formally vote on Committee recommendations - Page 9 - Section D, Item 2. 3Where we started 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 b&c 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 take action 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 b&c members, Councilmembers, and the general public •Make recommendations to improve the efficiency and consistency of b&c processes and reduce barriers to participation on b&C - Page 10 - Section D, Item 2. 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, intent? 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 4Process for Council determination What happens when the ad hoc committee concludes its work? - Page 11 - Section D, Item 2. 5Background –Women’s Advisory Board •1986: Commission on Status of Women was created •7-member board with 2 alternates •1990: Membership changed to 13 members •2000: Membership changed to 11 members in addition to the county and CSU each appointing an ex officio non-voting member •2011: Clarified in the Code that the Commission should not take positions on proposed federal or state legislation independently of Council •2021: Renamed as the Women’s Advisory Board •Jan 2022: Women’s Advisory Board stopped meeting. •May 2023: Received request from community member to repurpose to include broader gender equity issues - Page 12 - Section D, Item 2. •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 6What are some considerations when determining whether to sunset or repurpose an existing board? Assessment Tools and Indicators - Page 13 - Section D, Item 2. •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 –anecdotal •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 7Women’s Advisory Board -Sunset or Repurpose? Assessment Tools and Indicators - Page 14 - Section D, Item 2. 8Recommendations from HRC Chair •Was the Women’s Advisory Board (WAB) paused due to structural issues rather than the purpose or work plan goals becoming irrelevant? •HRC already has a robust work plan and adding gender equity would stretch capacity of volunteer members. •Adding a subcommittee does not align with current structure. HRC subcommittees are not issues-based but focuses on ways to interact and support community, e.g. educational programs, media and community relations, and government relations •Recommendation: repurpose WAB and restructure the board to effectively address broader gender issues - Page 15 - Section D, Item 2. 9RESEARCH ●NYC Commission on Gender Equity (2020)-addresses issues of inequity and discrimination facing girls, women, intersex, transgender and gender non-conforming and gender non-binary persons regardless of age, disability, ethnicity/race, faith, gender expression, immigrant status, sexual orientation, and socioeconomic status. •26 members appointed by Mayor, 5 by speaker of the council, and HRC chair as ex-officio member ●Pittsburgh Gender Equity Commission (2016) -The mission of the Gender Equity Commission is to achieve equity for women and girls in the City of Pittsburgh. Our vision is a future in which everyone in the City of Pittsburgh, regardless of gender identity or expression, is safe in all spaces, empowered to achieve their full potential, and no longer faces structural or institutional barriers to economic, social, and political equality. •At least 13 members appointed by Mayor-Mix of staff and community members ●University of Minnesota Commission on Women and Gender Equity (1988)-seeks to strengthen the entire community by improving the campus climate for all women and gender minority faculty, staff, and students, in order to create a campus working and learning environment that is respectful, inclusive, and productive. •12 members –mix of staff members and students - Page 16 - Section D, Item 2. 10Proposal from community member What could a Women and Gender Equity board do? Fort Collins Proposed Goals 1. Free menstrual products in all city restrooms (city-owned/operated buildings) 2. Gender neutral language in city documents, websites, etc. 3. Map and signage of gender-neutral restrooms throughout town Note: These proposed goals are not in the purview of advisory board or commission functions, particularly the authority to decide how to spend city money. However, boards can advise staff and/or City Council on topics that fall under their scope. - Page 17 - Section D, Item 2. 11Code language from other cities NYC •Recommends policy changes that advance gender equity in the city •Explore partnerships in the community to remove barriers to gender equity •Provides City Council with research and analysis of issues of relevance to help them better understand the challenges and opportunities facing the city •Leads and participates in several public forums and presentations to engage and inform residents about gender equity and solicit input from local residents about ways in which advancing gender equity would improve their lives Pittsburg •Shall develop a 5-year Citywide action plan for all City Departments and offer guidance to departments in the development of action plans - Page 18 - Section D, Item 2. 12Sec. 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. - Page 19 - Section D, Item 2. 13Considerations •Does the Committee want to recommend to “unpause” the board? •If yes, keep Women’s advisory board as is? OR •If yes, repurpose to a gender equity board or something else? OR •Does the Committee want to recommend sunset the board? •Does the Committee want to give direction to staff to draft appropriate code changes for the Work Session? Full Council will consider any code changes in September. If unpaused or repurposed, these are some next steps: •Staff liaison recruitment •Member recruitment in Dec 1 –Jan 30 •New board starts in April 2024 •Provide board chair training and support •Provide board member orientation and support •Provide staff liaison training and support - Page 20 - Section D, Item 2. 14Background –Bicycle Advisory Committee •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 B&C •Members are nominated by own B&C and City Manager appoints •Two Councilmembers 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. •Original proposed purpose –create a standalone board to make sure membership is reflective of mode use, people with disabilities, and historically underrepresented groups- Page 21 - Section D, Item 2. 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 15What are some considerations when determining whether or not to create a new board? Assessment Tools and Indicators - Page 22 - Section D, Item 2. Charter requires that Council establish a board or commission whose purpose is to advise Council •Is the proposed purpose legally permissible? Yes •The purpose of the board aligns with a community priority –Adopted Active Modes Plan •New policy work is needed and there is a gap in existing boards –Does Transportation Board allow for this proposed scope of work in the code? See next slide •Does it fit under the purview of an existing board or commission? Transportation Board? •There is a community desire to give extended input •Does Council want ongoing input from the public on this topic? Yes •Does staff want input from the public on this topic? Yes •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 16What are some considerations when determining whether or not to create a new board? Assessment Tools and Indicators - Page 23 - Section D, Item 2. (b)The Board shall have the following functions: (1) To advise the City Council on matters pertaining to 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 (2) To review 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. 17Transportation Board Sec. 2-113 - Page 24 - Section D, Item 2. 18BAC -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. - Page 25 - Section D, Item 2. 19Considerations Considerations moving forward… 1.Transition the Bicycle Advisory Committee to Active Modes Advisory Committee? 2.Clean up membership: remove old, add new, assess need for representatives from other boards and commissions? 3.Have the Active Modes Advisory Committee stay a sub-committee, but make recommendations directly to Council (instead of Transportation Board)? 4.Turn the Active Modes Advisory Committee into a Board (instead of sub-committee)? Active Modes Plan recommendation (p.47): - Page 26 - Section D, Item 2. 20Feedback from BAC and Transportation Board •BAC feedback from June 26 meeting •Does like the unique size (16 members) and make-up (representation from different boards and commission). •If additional modes were added to the scope, it might be hard to have them all represented effectively with a reduced membership size •Do see value in having their own Council liaison if they became a Board •Also support for staying a sub-committee but would like the ability to provide recommendations directly to Council Transportation Board feedback from June 21 meeting •Very brief discussion last month.For the most part they like renaming the BAC, but there was some reservation of it not being a sub-committee and becoming its own board.The comment was a worry that there would be a loss of connection between the work being done by boards regarding transportation.The T-Board is going to discuss in more depth this month (July 19) - Page 27 - Section D, Item 2. 1) The request for a structural change 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) CCO provides a memo to Council with the request and any relevant information 3) Council may give direction under Other Business to staff to bring forward a formal consideration during a work session or regular meeting 21What is the process to evaluate when the request is for a structural change? What happens when the ad hoc committee concludes its work? - Page 28 - Section D, Item 2. 22Affordable Housing Board •This request from the Executive Director of Housing Catalyst is not a request to sunset, repurpose or create a new board. Request for a structural change. •Request is 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. - Page 29 - Section D, Item 2. (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. 23Code language –Affordable Housing Board Sec. 2-102 - Page 30 - Section D, Item 2. 24Considerations •Does the Committee want to recommend adding an ex-officio nonvoting member position on the Affordable Housing Board? - Page 31 - Section D, Item 2. 25Golf Board Update •4 current, active Golf Board members •Recommendation is to expand Parks and Rec Advisory Board from 9 to 13 seats until the Golf Board terms expire. •Terms for members 10-13 would match the remainder of their terms on Golf Board •2 terms expire Dec 31, 2024 •1 term expires Dec 31, 2025 •1 term expires Dec 31, 2026 •When there are vacancies on the original 9-member board and they are interested in continuing to serve, they can apply to fill that seat. •At the July 12, 2023, Golf Board meeting, some but not all Golf Board members expressed interest in serving the remainder of their terms on the Parks and Recreation Board. •Golf Board dissolution would be effective Jan 1, 2024. - Page 32 - Section D, Item 2. •Addition of #11 –(For Appointees) Avoid actively participating in matters that interfere with a quasi-judicial commission member’s ability to remain impartial in making decisions. 26Final draft of Code of Conduct Changes from June meeting - Page 33 - Section D, Item 2. 27Final draft of Anti-Discrimination and Anti-Harassment policy •On June 7, 2023, Protecting Opportunities and Workers’ Rights (POWR) Act was signed into Colorado law with an effective date of August 7, 2023 •Broadens the type of conduct that constitutes harassment and restricts employers’ use of affirmative defenses •Lower threshold of proof of what constitutes harassment Key Changes in ADAHP •Definition change to "harassment" –unwelcome conduct or communication directed at an individual or group because of their actual or perceived protected characteristic •Subjectively offensive to individual(s) alleging harassment and objectively offensive to reasonable individual •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 •More changes to ADAHP may be necessary as courts and DOL interpret the POWR Act - Page 34 - Section D, Item 2. 28Administrative changes •Improvements to board and commission orientation •This includes the roles of members, staff liaisons, and Council liaisons •Provide training for board chair (how to conduct a meeting, de-escalation training, etc) •Application improvements •Verify workload for each board to include as part of application and interview process •Add question –“have you applied for this board before” •Add question –“how many hours are you willing to contribute to the board” •Ensure that current board members resign if they want to apply for a different board (already part of code) •Policy for no show to interview applicants •Continuous improvement to Council summary sheets •Add a subscription so that interested residents are notified when vacancy becomes available •Conduct exit interviews for board members if there are issues - Page 35 - Section D, Item 2. 29Administrative cont’d •Created a process for Council determination when a request is received to sunset or repurpose a board •Create a process for Council determination when a request is received to add a new board •Created a process for Council determination when a request is received for a structural change to an existing board to use to sunset or repurpose a board •Confirmed super issues meeting purpose and structure •Review recruitment efforts to increase diversity on boards •Will include Housing Catalyst in the recruitment process for its board •Improvements to interview process •Staff liaisons to check in with to Council liaisons prior to applicant interviews •Staff liaisons included in the applicant interviews as a passive participant - Page 36 - Section D, Item 2. 30For Committee Action 1.Update the Type 1 and Type 2 terms in the Code based on the 1-year term removal (Suggested motion: "I move that the committee recommend approval of revisions to City Code to eliminate all one-year terms from Type 1 and Type 2 boards.") 2. Update the member terms of Type 1 and Type 2 boards in the Code as a result of the removal of 1-year terms (Suggested motion: “I move that the committee recommend approval of revisions to City Code to adjust terms of 7 member and 9 members Type 1 boards and Type 2 boards as described below.") •Currently, the Code says for 7 member boards, 4 members have 4-year terms, 2 members have 2-year terms, and 1 member has 1 year term.Committee approved retaining 4 members with 4-year terms, and approved changing to 3 members with 2-year terms. •Currently, the Code says for 9 member boards, 4 members have 4-year terms, 3 members have 2-year terms, 2 members have 1 year. Committee approved changing to 5 members with 4-year terms, and approved changing to 4 members with 2-year terms. - Page 37 - Section D, Item 2. 31For Committee Action 3.Update quorum, allow joint meetings and add new function for Youth Advisory Board (Suggested motion: "I move that the committee recommend adoption of revisions to City Code to allow up to twelve members on the board, indicate that a quorum shall consist of a majority of the number of appointed members, allowing joint meetings, and adding a function to complete an annual project consistent with other functions." 4.ADAHP + Code of conduct adopted separately via resolution (Suggested motion: "I move that the committee recommend adoption of the Anti-Discrimination and Anti-Harassment Policy." Suggested motion: "I move that the committee recommend adoption of the Code of Conduct.") 5. Add Code of Conduct complaint process to City Code (Suggested motion: "I move that the committee recommend revisions to City Code to add a Code of Conduct complaint process.") - Page 38 - Section D, Item 2. 32For Committee Action 6. Update Council liaison role responsibilities and add to City Code (Suggested motion: "I move that the Committee recommend revisions to the Council liaison responsibilities and to add such revisions to City Code." (Suggested motion: "I move that the Committee recommend revisions to City Code to add a new ethics rule about avoiding directing the activities and work of the assigned board or commission and acting as an advocate or ex-officio member of the board or commission.") 7. Update joint meeting language in City Code granting broader authority to City Manager and Council liaison to approve joint meetings between two or more boards or commissions or their committees (Suggested motion: "I move that the committee recommend revisions to City Code to grant broader authority to the City Manager and Council liaison to approve joint meetings between two or more boards or commissions and their committees.") - Page 39 - Section D, Item 2. 33For Committee Action 8. Extend current board and commission member terms due to recruitment timing change (Suggested motion: "I move that the Committee recommend revisions to City Code to change board and commission member terms consistent with the recruitment timing change approved by the Committee.") - Page 40 - Section D, Item 2. •Golf Board & Parks and Recreation Board code changes •Women’s Advisory Board code changes •Bicycle Advisory Committee code changes •Affordable Housing Board code updates 34Direction needed from Committee Should staff bring draft code language for the August 8 Council work session? - Page 41 - Section D, Item 2. 35Summary (so far) of changes to the Boards and Commissions Manual •C.H.A.R.G.E: A Checklist for effectiveness (removed since it is now 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 - Page 42 - Section D, Item 2. 36Key Dates •August 8 –Council work session to review Committee recommendations •Final summary of changes to Board and Commissions Manual •September 5 –Regular Council meeting •1st reading of ordinance(s) to adopt code changes •Includes Council liaison responsibilities •Resolution to update Board and Commissions Manual (or on Sept 19) •Resolution to extend current terms and one-year term changes •September 19 –2nd Reading of ordinance - Page 43 - Section D, Item 2. THANK YOU! - Page 44 - Section D, Item 2. What we have heard Jan 4, 2023 ad hoc committee presentation - Page 45 - Section D, Item 2. 39What we have heard -Structure •Length of terms, specifically the 1-year term •Need for a cross-cutting board to cover overlap on issues/topics that some boards have in common •Per the code, it has to be written into their work plan or needs City Manager approval •Tools and resources for board member conflicts •Need to establish a code of conduct or a framework of ground rules for members •Per the code, work plan is due on Nov 30. Concern from newly elected members whose appointment starts in January •Scope of work of Youth Advisory Board •Not a set number of members of the Youth Advisory board (code says between 5-9) so difficult to establish •Pulling the bicycle advisory board subcommittee out from the transportation board and establishing a standalone board •Scope of work of Women’s advisory board - Page 46 - Section D, Item 2. 40What we have heard –Logistics & Process •Incumbents should not have to reapply •Ok to keep vacant until next annual recruitment unless there are issues with quorum; however, can we notify people when the recruitment process opens? •Applicants are applying for 5+ boards •Applications are too general; needs to be more specific to the board •If a board member is currently serving on a board and want to apply for a different board, they should resign from their current board before applying •Council would like to conclude interviews prior to holidays •Special recruitments due to quorum issues –how to handle members with short terms •How should interview partners be selected? •If someone applies for more than one board, it would be great if they could just do one interview •Policy for no show applicants •Council summary sheets - Page 47 - Section D, Item 2. 41What we have heard –Recruitment •Need for new and more diverse members •Annual appreciation •Board member benefits –bus pass, facility amenities? •Need for accessibility •Need for interpreters •Government is intimidating –how do we engage? - Page 48 - Section D, Item 2. Code changes - Page 49 - Section D, Item 2. Sec. 2-115 -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 twelve 12 nine (9)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.A quorum of the Board shall consist of the majority of the number of appointed Board 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 43 - Page 50 - Section D, Item 2. 44Sec. 2-107 -Golf 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; - Page 51 - Section D, Item 2. 45Council liaison responsibilities 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 service 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 communication 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- Page 52 - Section D, Item 2. - Page 53 - Section D, Item 2. - Page 54 - Section D, Item 2. Women and Gender Equity Board Background The Women’s Advisory Board has been on pause since January 2022, with no current plans to reinstate it. The problems impacting women have not gone away, and there are broader gender equity issues not addressed or covered by any other boards or commissions. Additionally, there are currently no boards or commissions to advocate on behalf of other gender equity issues. Fort Collins Women’s Advisory Board - “Informs and advises the City Council on policy issues affecting women.” Women’s Advisory board has not held a meeting since at least early of 2021 (no minutes have been posted since January 2020). Recruitment for the board was held in December 2021, however in January a decision was made to officially “PAUSE” the board due to lack of quorum. The problems affecting women have not gone away since the pausing of the board. Why the Women and Gender Equity Board needs to be separate from Human Relations Commission The HRC has a broad objective - “Promotes 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.”. We feel there is sufficient work related to women and gender equity that requires its own board fully dedicated to that topic. Additionally, it appears that the HRC has c anceled meetings this year (March 9th, and May 11th meetings were canceled), and no minutes are available for any 2023 meetings. Other places with gender equity boards: ● NYC Commission on Gender Equity - addresses issues of inequity and discrimination facing girls, women, intersex, transgender and gender non -conforming and gender non-binary persons regardless of age, disability, ethnicity/race, faith, gender expression, immigrant status, sexual orientation, and socioeconomic status. ● Pittsburgh Gender Equity Commission - The mission of the Gender Equity Commission is to achieve equity for women and girls in the City of Pittsburgh. Our vision is a future in which everyone in the City of Pittsburgh, regardless of gender identity or expression, is safe in all spaces, empowered to achieve their full potential, and no longer faces structural or institutional barriers to economic, social, and political equality. ● University of Minnesota Commission on Women and Gender Equity - seeks to strengthen the entire community by improving the campus climate for all women and gender minority faculty, staff, and students, in order to create a campus working and learning environment that is respectful, inclusive, and productive. Equity indicators We know that both nationally and locally, women, non -binary and LGBTQIA+ individuals have worse outcomes compared to their heterosexual male counterparts. According to Fort Collins Equity Indicators Final Report, Women and LGBTQIA have worse outcomes in Economic Opportunity, Public Health and services. Graphs of these equity indicators are shown on the next slide, and the key themes are noted below. Key Themes - ● Social Exclusion (page 168) ○ “Interestingly, many community members across multiple focus groups (e.g., Asian and Pacific Islander, religious minority, people living with disabilities, LGBTQIA+ communities) specifically - Page 55 - Section D, Item 2. named lack of inclusive programming/events in the library and other cultural centers such as Lincoln Center as indicators of exclusion.” ● Intersecting Areas (page 168) ○ “For example, members of the LGBTQIA+ community discussed the common difficulty members of their community have in finding LGBTQIA+-inclusive healthcare providers, and how transportation issues made access to inclusive providers even more challenging. After first commenting on the scarcity of inclusive health care providers in Fort Collins, they described how the few that did provide LGBTQIA+ affirming services were often too far from community members’ homes and/or not easily accessib le by public transportation.” ● Policies as Drivers of Disparities (page 169) ○ As another example of policies driving inequities, members in the LGBTQIA+ focus group referenced City health care policies that do not recognize the needs of LGBTQIA+ individuals and drive disparities across the areas of public health and social inclusion. Participants in this group explained how healthcare coverage afforded to City employees, as an example, does not include care for transgender-related health needs despite statewide protections for to the LGBTQIA+ community; this exclusion from health care also intersected with a lack of feeling accepted or recognized in the community. ● Budgeting and Representation Within the City of Fort Collins (page 169) ○ Importantly, a handful of community members across multiple focus groups (e.g., LGBTQIA+, religious minority, Hispanic/Latinx groups, Black) raised concerns that their participation in the focus groups held regularly by the City of Fort Collins did not result seem to result in cha nges to policy and practice, and, more specifically, to the budget. Participants voiced the opinion that the City’s efforts in working towards equity would be more transformative if the budget reflected that commitment more strongly. For example, in the ar ea of housing, community members across groups cited a lack of affordable housing as a driver of disparities, but felt that the City’s budget suggested it was moving away from investing in affordable housing, which may further exacerbate inequity. ○ Community members also named a lack of diverse representation across departments within the City of Fort Collins as a driver of disparities as this meant that their concerns and recommendations were not well understood or shared by those with governing power over their lives. For example, in one of the focus groups, participants named that the most diverse department was the Utilities Department, while in another, participants noted that were no LGBTQIA+ specific positions in the City government. What would a Women and Gender Equity board do? We can use the resources and tool kits from CHANGE: City Hub and Network for Gender Equity - whose mission is “Promoting gender equality and th e social and economic empowerment of women and girls is essential, and yields benefits for everyone. All cities should strive to consider gender equity in every city policy, program, or initiative.” Fort Collins Proposed Goals: 1. Free menstrual products in all city restrooms (city-owned/operated buildings) (link) 2. Gender neutral language in city documents, websites, etc. (link) 3. Map and signage of gender neutral restrooms throughout town (link) - Page 56 - Section D, Item 2. Male Female $-6,000 $-3,000 $0 $3,000 $6,000 Difference from OverallPersonal Earnings Straight LGBQ+ -6% -4% -2% 0% 2%Difference from OverallUsing employment services Male Female -4% -2% 0% 2% 4% High Wage Occupations Male Female -30% -20% -10% 0% 10% 20% Representation among business owners Sex differences in: Sexual orientation differences in: Straight LGBQ+ -20% -15% -10% -5% 0% 5% Difficulty finding childcare due to cost Straight LGBQ+ -3% -2% -1% 0% 1% Ve ry poor reported access to health Straight LGBQ+ -9% -6% -3% 0% 3%Difference from OverallLacking a regular health care provider Straight LGBQ+ -8% -6% -4% -2% 0% 2% Worry about affording medical care Straight LGBQ+ -9% -6% -3% 0% 3% Delaying healthcare due to the cost Straight LGBQ+ -24% -18% -12% -6% 0% 6%Difference from OverallDelaying mental health care due to the cost Straight LGBQ+ -8% -6% -4% -2% 0% 2% Difficulty affording prescriptions Straight LGBQ+ -5% -4% -3% -2% -1% 0% 1% Asthma rates Straight LGBQ+ -20% -15% -10% -5% 0% 5%Difference from OverallHigh stress Straight LGBQ+ -30% -20% -10% 0% 10% Current mental health concern Straight LGBQ+ -15% -10% -5% 0% 5% Suicidality - Page 57 - Section D, Item 2. 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 58 - Section D, Item 2. 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 59 - Section D, Item 2. 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) Avoid actively participating in matters that interfere with a quasi- judicial commission member’s ability to remain impartial in making decisions. 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 to avoid publicly ridiculing or insulting fellow members, members of the public, and City staff. - Page 60 - Section D, Item 2. 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: - Page 61 - Section D, Item 2. Page 1 of 16 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. - Page 62 - Section D, Item 2. Page 2 of 18 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. - Page 63 - Section D, Item 2. Page 3 of 18 • “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. 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 • “Harassment” means any unwelcome conduct or communication directed at an individual or group because of that individual’s or group’s actual or perceived - Page 64 - Section D, Item 2. Page 4 of 18 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. Sexual harassment can involve males or females or persons of any gender identity or sexual orientation being harassed by another individual. - Page 65 - Section D, Item 2. Page 5 of 18 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. Examples of Sexual Harassment Examples of sexual harassment include, but are not limited to, the following - Page 66 - Section D, Item 2. Page 6 of 18 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 Policy - Page 67 - Section D, Item 2. Page 7 of 18 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; • Newfound scrutiny of that person’s work performance by a supervisor manager or Councilmember; - Page 68 - Section D, Item 2. Page 8 of 18 • Denial of a promotion for that person, or demoting, suspending, or terminating them, when such acts are 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 contractor, or a person whose employment gives them access to or contact with the Fort Collins City Council. - Page 69 - Section D, Item 2. Page 9 of 18 • “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 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 - Page 70 - Section D, Item 2. Page 10 of 18 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 actions described in this Policy promptly upon becoming aware of a complaint. Screening Process - Page 71 - Section D, Item 2. Page 11 of 18 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 City Attorney. - Page 72 - Section D, Item 2. Page 12 of 18 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 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 - Page 73 - Section D, Item 2. Page 13 of 18 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 The Human Resources Executive 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 - Page 74 - Section D, Item 2. Page 14 of 18 Policy. The Human Resources Executive 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 Human Resources Executive 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 Human Resources Executive 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. 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 - Page 75 - Section D, Item 2. Page 15 of 18 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 Human Resources Executive 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 Human Resources Executive 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 Human Resources Executive 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: • 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. - Page 76 - Section D, Item 2. Page 16 of 18 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. - Page 77 - Section D, Item 2.