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HomeMy WebLinkAboutMemo - Read Before Packet - 10/24/2023 - Information From Rupa Venkatesh, Davina Lau, And Jenny Lopez-Filkins Re: Ex-Officio Members For Boards And CommissionsHeadline Copy Goes Here Senior Assistant City Attorney Jenny Lopez Filkins Assistant City Manager Rupa Venkatesh October 24, 2023 Ex-officio members for boards and commissions Davina Lau Public Engagement Specialist Headline Copy Goes Here 2 Council Questions 1.Does Council have feedback on the proposed process for Council to consider a request from a board or organization to add an ex-officio member? 2.Does Council want staff to proactively make an assessment of whether or not a board needs ex-officio members? 3.Does Council have the information needed to consider the two current requests for ex-officio seats? Headline Copy Goes Here 3 What is an ex-officio member? •An individual who serves on a board by virtue of having a position on a different organization and who represents that organization as a liaison when serving as an ex-officio to the City board. •Typically, an ex-officio member is considered when a particular organization’s expertise is needed on an ongoing basis. •Typically, an ex-officio members holds expertise in a particular area that can be helpful to the board in carrying out its functions. •Help the board identify potential issues early on. •Useful to boards where more technical knowledge or expertise is needed. •Reports back to their organization as to the activities of the board. Headline Copy Goes Here 4 What are some considerations for ex-officio members? Peer research uncovered many ways ex officio members might contribute to and affect boards: •The organization could make a recommendation to Council and Council could then formerly appoint the ex-officio member by resolution. •The ex-officio member could be a voting or non-voting member. Most City ex-officio members have been non-voting members. Implications for quorum if they have voting authority. •If appropriate legal measures are in place,ex-officio member could be given access to City confidential information that voting members of the board may have. •The ex-officio members could be subject to the absence policy in the Code. •Ex-officio members could be subject to term limits. Or they could be subject to periodic reviews to evaluate whether the organization is still providing value to the board. Headline Copy Goes Here 5 Standard Criteria for Evaluation If a board or organization asks Council to allow for an ex-officio member, what criteria can Council use to determine whether to grant the request? •The organization is nonpartisan. •The organization is nonprofit. •The organization is a public body. •A City Councilmember serves as a liaison or board member to that organization. •The work of the other entity aligns with the board’s functions. •It is a governmental entity. •City is a party to an intergovernmental agreement with the other organization. •Fort Collins has a financial tie to the organization. •The organization is recognized as an expert in the field of work of the board. •The organization’s expertise is needed on an ongoing basis. Headline Copy Goes Here 6 Proactive assessment What is the process to determine if a board needs an ex officio member? Preliminary considerations: •The board needs specific expertise on an ongoing basis not just for a specific project. •The organization brings a perspective or expertise that is not already fulfilled by the voting members of the board. •Other criteria that would be important to Council? Headline Copy Goes Here 7 Current requests for ex-officio members 1) Active Modes Advisory Board •Bicycle Advisory Committee (subcommittee of Transportation Board) was re-scoped on September 19, 2023 to a standalone Type 1 advisory board. •BAC had 3 community at large members and 6 members of community stakeholder organizations •Recommendation for Active Modes to have 4 ex-officio member seats representing the following organizations: •Transportation Board •Colorado State University •Downtown Development Authority •Bike Fort Collins 2) Affordable Housing Board •Request from the Housing Catalyst to have an ex-officio seat. Headline Copy Goes Here 8 Summary Current state: •No ex-officio members effective Jan 1, 2024 •Annual recruitment begins Dec 1-Jan 15 •New members start April 1 Options for next steps •Option 1: Council uses established criteria to evaluate requests as they are received from boards or outside organizations. •Code changes for Active Modes Advisory Board and Affordable Housing Board to be considered on Dec 5 and Dec 19 •Option 2: Staff conducts a proactive assessment utilizing Council goals and objectives •Timeline to be determined •Option 3: No ex-officio members on any boards •No further action needed Headline Copy Goes Here 9 Council Questions 1.Does Council have feedback on the proposed process for Council to consider a request from a board or organization to add an ex-officio member? 2.Does Council want staff to proactively make an assessment of whether or not a board needs ex-officio members? 3.Does Council have the information needed to consider the two current requests for ex-officio seats? Headline Copy Goes Here Headline Copy Goes Here 11 What is currently in the Code? •Women’s Advisory Board – County and Colorado State University •Rescoped board to Women and Gender Equity Advisory Board. •Art in Public Places – member from the Cultural Resources Board. •Water Commission – representative from the County’s Public Works Department for the purposes of representing the County in coordination by the City and County of stormwater management matters. •Bicycle Advisory Committee – 6 members from community organizations •Rescoped to Active Modes Advisory Board Headline Copy Goes Here 12 Feedback as to why one is needed Reason for an ex-officio vs applying for a vacancy as a voting member of the board •Non-voting members avoids conflicts of interest so that quorum can be more easily attained •Residency requirements would not apply •Ability to serve on two boards and be a conduit •Recognition of the contributions of expertise and local knowledge of a nonprofit organization (Housing Catalyst) Headline Copy Goes Here 13 Feedback as to why one is not needed •There are already experts in the field on the board that are voting members •Board members are selected as voting members who have an interest or expertise with the scope of the work of the board. •When expertise is needed, the board invites them as a guest to participate in the meeting. •If there are multiple organizations recognized as being experts, could it be polarizing to the community to only pick one or two of them to serve as ex-officio meetings? •With the widely varying issues that some boards cover, it would be difficult to find an ex-officio member who met all the expertise needs. •There has not been a need for one in the past. •Coordination and collaboration between boards would be more important. •It is already difficult to recruit for boards •May diminish the role of the board members Headline Copy Goes Here 14 Summary of Board feedback as of 10.23.23 Yes to an ex-officio seat No identified need Still Considering Waiting on Feedback Active Modes Advisory Board Cultural Resources Board Air Quality Advisory Board Building Review Commission Affordable Housing Board Human Services and Housing Funding Board Citizen Review Board Human Relations Commission Art in Public Places Board (keep in Code) Land Conservation and Stewardship Board Disability Advisory Board Youth Advisory Senior Advisory Board*Land Use Review Commission Economic Advisory Board Water Commission (keep in Code*) Natural Resources Advisory Board Energy Board Planning and Zoning Commission Historic Preservation Commission Transportation Board Parks and Recreation Advisory Board