HomeMy WebLinkAbout062 - 05/07/2019 - AMENDING CHAPTER 2 OF THE CITY CODE TO ESTABLISH COUNCIL EXPECTATIONS REGARDING ACTION BY BOARDS ANDORDINANCE NO. 062, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS
TO ESTABLISH COUNCIL EXPECTATIONS REGARDING ACTION
BY BOARDS AND COMMISSIONS AND MEMBER PARTICIPATION
WHEREAS, Article III of Chapter 2 of the City Code establishes the various boards and
commissions of the City, and sets out procedures and requirements for their operation; and
WHEREAS,in addition,the City Council has adopted a Boards and Commissions Manual,
most recently updated by the adoption of Resolution 2016-026,setting out for use.by the members
of the various boards and commissions information about policies, procedures and expectations
related to the operation of the boards and commissions, in addition to the related information from
the applicable City Code provisions; and
WHEREAS, in recent months it has come to the attention of the City Council that under
the existing authorities members of boards and commissions are not precluded from freely
abstaining from votes and participation in matters coming before them; and
WHEREAS, pursuant to Article II, Section 6 of the City Charter, members of the City
Council who are present at a Council meeting but do not vote on an item are treated as having
voted in the affirmative on that item; and
WHEREAS, Council desires to clearly establish the expectation that members of boards
and commissions will participate in the votes of those bodies, except as precluded by conflicts of
interest or concerns related to bias and undue influence through the adoption of a related new Code
provision, as set forth below.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Article III of Chapter 2 of the Code of the City of Fort Collins is hereby
amended to add a new section 2-76,to read as follows:
Sec.2-76.—Board or commission action; member participation.
Each board or commission shall conduct its business in accordance with the Charter, the Code,
other policies that may be established by the City Council, and the bylaws duly approved by such
board or commission. A record shall be made of each vote by which a board or commission takes
formal action. Each member of such board or commission present shall vote. If a member fails to
vote when present, he or she shall be recorded as voting in the affirmative. A member who has
declared a conflict of interest in a decision or is otherwise trying to avoid an appearance of undue
influence in the decision, or who in a quasi-judicial proceeding has recused himself onherself due
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to bias or partiality in the particular proceeding, shall not be present for or participate in the portion
of any meeting during which such decision or proceeding is under consideration.
Introduced, considered favorably on first reading, and ordered published this 16th day of
April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019.
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Passed and adopted on final reading on the 7th day of May, A.D. 2019.
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