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HomeMy WebLinkAboutPACKET Town Board Study Session 2019-08-27 Tuesday, August 27, 2019 5:45 p.m. – 6:40 p.m. Rooms 202/203 5:30 p.m. - Dinner 5:45 p.m. Update discussion with Town Prosecutor, Municipal Judge and Municipal Court Clerk. 6:05 p.m. Semi-Annual Compliance Review with Board Governing Policies - Policy 1.10 Self-Monitoring of the Board. (Mayor Jirsa) 6:35 p.m. Trustee & Administrator Comments & Questions. 6:40 p.m. Future Study Session Agenda Items. (Board Discussion) 6:45 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 5:15 p.m. AGENDA TOWN BOARD STUDY SESSION 1       2 DIEILEANDDAVIS,P.C.ATTORNEYSATLAWSn*igtheWestfromBouldersince1972RobynW.KuheKarlF.Kunili,ITtCarmenS.DanielsonDavidJ.ThrowerRenéeEzerStephenA.CloskyTuckerM.KatzMark0.DetskyGlennH.LenzcnWilliamA.Rogers,111JoshuaU.AndersonJenniferLL,rvnzSienaSquareBuilding2060Broadway,Suite400Boulder,Colorado80302Telephone(303)447-1375Fax(303)440-9036nnv.dietzedavis.comEmail:dthnnver@dieizedavis.comGabriellaStockmayerNathanlaoLNathanielGafineyOfCouns’l:JoelC.MaguireStarL.WaringNicholasG.MullerPeterC.Dieize1934-2019JoelC.Davis1936-2013t-ilcc,adn,irrtviinCaliforniatA/sc,admittLdinA.iAfct’ticc,TO:FROM:DATE:MEMORANDUMMayorandBoardofTrustees.TownofEstesParkDavidJ.Thrower.MunicipalJudgeAugust27.2019SUBJECT:MunicipalCourtUpdateAfter15monthsontheEstesParkMunicipalCourtbench,Iampleasedtoreportthefollowing:1.Courtsettingshavegonefrom2nightstodaypermonth.Wesetarraignmentsat9:30a.nl.andinthesummermonths.1:30p.m.Trialsarescheduledaroundourarraignmentdockets.Ourcourtisefficienttothepointwherewecanfitatypicalmonthintoamorningdocketandhavetrialsintheafternoon.Intheslowermonths,wecancompleteourdocket,includingtrials,inthemorning.2.Anexampleofourdocketnumbersfromthepast6monthsof2019:June-36.May-18.April-IS.March-14.Theseincludearraignments,reviews.thecolLrt.WetypicallyhaveatriaLevery2monthsonaverage.August-29.July-50.returnsandtrialsto3.Thefineschedulehasbeensimplifiedandupdated.Finesfortrafficviolationsarebaseduponthenumberofpointsassociatedwiththeallegationandwhetherthedefendanthaspreviousviolationsinthepast24months.Sentencesforcriminalmattersincludefines,educationandself-supervisedprobation.Allofthishasbeenimplementedwithsuccess.4.ThehiringofMelissaMijaresasCourtClerkhasbeenamajorassettotheTown.1-lerexperienceandorganizationinadditiontothechangesIimplementedhaveproducedanefficient MayorandBoardofTrustees,TownofEstesParkAugust27,2019Page2system.Inaddition,MelissahandleswarrantsandpaymentsfortheCourtanddoesanoutstandingjob.Shedeservescreditforhelpingtomakethetransitionsmooth.5.ShortlyafterbeingretainedasMunicipalJudge,IsuggestedthattheTownhireaprosecutingattorney.Thereasonsforthissuggestionweretoremovetheprosecutorialburdenfromthepolicedepartmentandhaveanattorneyoverseethecaseswhicharechargedintocourt.AviRocklinisanexperiencedmunicipalattorneywhohasdoneagreatjobastheTownsprosecutor.Pierpleaoffersarefairandappropriatetothecommunity.Inaddition,shemeetswitheverydefendantwhowishestodosopriortocourtbeingcalledintosession.Byproceedinginthismannerdocketsaremoreefficient,anddefendantsseldomhavetowaitlonguntiltheircaseiscalled.Ithasalwaysbeenmypositionthatacourtshouldbethriftywithdefendantstimeandtheprocesswedevelopedissensitivetothatconcern.6.1metwithrepresentativesfromthepolicedepartmentonseveraloccasionsregardingproceduralmatters.WhileIcannotgivelegaladvice,Iamhappytogivemythoughtsonprocessandbestpractices.7.Inthepast5years,therehavebeenmanylegislativechangesaimedatmunicipalcourts.Theseincludeprohibitionsonpayandservewarrants,thenecessityofcounselfordefendantsincustodyatfirstappearances.changestowarrantlanguage,andinstitutingpersonalrecognizancebonds.Thislegislationistheresult,inpart,ofperceivedfailuresbyjudgesofprotectingtherightsofdefendants.Ihaveattemptedtocomplywiththesemanychanges,andmademyadvisementofrightsmorecomprehensivetomakecertaindefendantsunderstandtheprocess.Ireadmyadvisementatthebeginningofeachcourtsession,andanelectronicversionappearsonthescreenpriortocourtbeingcalledtoorder.Whetheradefendantisinmunicipalcourt,slatecourtorfederalcourt,athoroughunderstandingoftheprocessistheirrightandthebestprotectorofjustice.Iamcommittedtothisidea.8.1metwiththedirectorofEstesValleyRestorativeJusticePartnershipalmostimmediatelyuponbeingrelained.andmetwiththeentireboardlastwinter.Restorativejusticeisanimportantpartofmunicipalcourt,particularlyforjuveniles.AstheVicePresidentandEducalionChairfortheColoradoMunicipalJudgesAssociation,IaskedDeniseLordtospeakatourfallconference,whichhappenstobeinEstesPark.Iwasaskedtoidenti’anyissuesgoingforward:a.EstesParkisadecriminalizedjurisdiction,meaningthatjailisnotapossiblepenaltyforviolationsofthemiLnicipalcode.Whilejailisalwaysalastresort,IhavenotedcrimesofviolenceinEstesParkMunicipalCourtsuchasdisorderlyconductandassault.Intheeventthatthedefendantpleadsguiltyorisconvictedattrial,thepossiblepenaltiesareafine,communityservice,educationandprobation.Ifadefendantfailstocomplywiththosepossiblepenalties.theCourt’soptionsarelimitedtoadditionalsanctionsbasedoncontempt,butsuchsanctionsdonotincludeacustodialsentence.IsimplypointthisouttotheBoard. MayorandBoardofTrustees,TownofEstesParkAugust27,2019Page3b.WhileEstesParkisdecriminalizedandthereforenotstrictlyobligatedtoprovidepublicdefendersifadefendantisindigent,Iforeseecircumstancesandchangesinthelawwhichmaymaketheappointmentofdefensecounselappropriate.Forexample,ifajuvenileappearsandtheirparentsaretheallegedvictimsofacrime(suchasassaultortheft,forexample),itwouldbeappropriatetoappointcounselforthejuvenile.Evenifjailisnotapossiblepenalty,thecollateralconsequencestoaconvictionmightwarranttheappointmentofcounsel(convictionoftheft,forexample,hasbroadimmigrationconsequences).c.Inlightofparagraphbabove,IrequestedthestateOfficeofAlternativeDefenseCounseltobetheorganizationwhichapprovesanycourtappointedcounsel.I-layingsuchapprovalisnecessaryduetochangesinstatestatuteswhichrequireoversight,otherthanthatofthemunicipaljudge,forcourtappointedcounselinmunicipalcourts.OADCservesthisroleinallmyjurisdictions.d.Iwasgivenabudgetof$2,000/yearforcourteducation.Tomyknowledge,wehaveusedafractionofthat.IwouldrequestthatIbeallowedtoapplythatbudget,orbegivenaseparatebudget,toappointdefensecounselwhenrequired.Courtappointeddefensecounselratesarelimited,andarecappedatapproximately$750percase.WhileIhavenotyethadacaseinwhichIfelttheneedtoappointcounsel,Isuspectthatmightchangegivenrecentandongoingissuesatthelegislativelevel.Isimplypresentthisforyourthoughtandconsideration.ThankyoufortheopportunitytoserveasEstesPark’sMunicipalJudgeandtoupdatetheBoardoncourtmatters. TOWN ADMINISTRATOR Memo To: Honorable Mayor Jirsa Board of Trustees From: Town Administrator Machalek Date: August 27th, 2019 RE: Board Self-Monitoring Review of Compliance with Governance Policies Objective: Board self-monitoring of compliance with Governing policies Present Situation: The Board of Trustees has operated under a modified version of Policy Governance for several years. The first chapter of the Policy Governance Manual deals with the Governance Process and the role and responsibilities of the Board of Trustees and the Mayor. These provisions are self-enforcing. In July of this year, the Board adopted a policy outlining a process for semi-annual self-monitoring of compliance with their adopted Governing policies. This is the first of these reviews. Proposal: That the Board review and discuss their compliance with the Board adopted Governing Policies, as outlined in Governing Policy 1.10, Self-Monitoring of the Board Advantages: • Provides for periodic review of Board compliance with their Governing Policies. • Issues can be addressed early, before they become a problem. • By discussing the policies on a regular basis, Board members can ensure their interpretations of policies are consistent. • Provides accountability to each other regarding the adopted Governing policies • Provides transparency to the public that the Board is complying with their own governing policies. Disadvantages: • Time to do the review • There could be conflict visible on some issues during the review Level of Public Interest • Medium to high Attachments: • Policy Governance Governing Policies 3 1 Governing Policies of the Town of Estes Park Board of Trustees 4 2 Introduction These Governing Policies, as adopted by the Board of Trustees, incorporate four categories of policy. The first category is the Governance Process, which clarifies the board's own job and rules, how they work together and how the Board relates to the citizens of Town of Estes Park. Category two is Board/ Staff Linkages which outlines the delegation and accountability through the Town Administrator. The third Category is Executive Limitations which describes the prudence and ethics, and limitations of the authority and responsibilities of the Town Administrator in his/her role as the Chief Appointed Official for the board directing the staff of the Board of Trustees. The first three all work together to efficiently and effectively implement the fourth Category, which is the vision, direction, and policy of the Board of Trustees. These describe what benefits will occur, for which people, at what cost. To further its accountability to the citizens and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: 1. Ownership: The Board connects its authority and accountability to its “owners” – the citizens and taxpayers of the Town – seeing its task as servant leader to and for them. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command and authority. The Board’s role is that of commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management’s consultant, or adversary. The Trustees—not the staff—bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The Board of Trustees makes authoritative decisions directed toward management and toward itself, its individual Trustees, and committees only as a total group. That is, Town Board authority is a group authority rather than a summation of individual authorities. 4. Goals Policies: The Town Board defines, in writing, the (a) results, changes, or benefits that should come about for specified goals (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible “side benefits” that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as “Goals” in the policies that follow. 5. Board Means Policies: The Board of Trustees defines, in writing, those behaviors, values added, practices, disciplines, and conduct of the Board itself and of the Board’s delegation/accountability relationship with its own subcomponents and with the management part of the organization. Because these are not decisions relating to Goals, they are called “Board Means” to distinguish them from “Ends” and “Staff Means”. These decisions are categorized as “Governance Process” and “Board Management Delegation”. 5 3 6. Management Limitations Policies: The Board makes decisions with respect to its staff’s means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. These decisions are categorized as “Management Limitations” in the policies that follow. 7. Self-Enforcing – These policies are collectively adopted by the Estes Park Board of Trustees and as such only the board and individual trustees are responsible for compliance both individually and collectively. 6 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANU AL Table of Contents Category 1. Governance Process Policy 1.0 Governance Commitment Policy 1.1 Governing Style Policy 1.2 Operating Principles Policy 1.3 Board Job Description Policy 1.4 Mayor’s Responsibility Policy 1.5 Reserved Policy 1.6 Board Appointed Committee Principles Policy 1.7 Board Liaison Roles Policy 1.8 Board Committee Principles Policy 1.9 Annual Planning and Agendas Policy 1.10 Self-Monitoring of the Board Category 2. Board/Staff Linkage Policy 2.0 Governance - Management Connection Policy 2.1 Delegation to the Town Administrator Policy 2.2 Town Administrator Job Description Policy 2.3 Monitoring Town Administrator Performance Policy 2.4 Town Attorney Category 3. Staff Limitations Policy 3.0 General Town Administrator Constraint Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.3 Financial Planning Policy 3.4 Financial Condition and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.7 Emergency Preparedness Policy 3.8 Compensation and Benefits Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 General Town Administrator Constraint – Quality of Life 7 5 Policy 3.12 General Town Administrator – Internal Operating Procedures Policy 3.13 Town Organizational Plan Category 4. Ends Statements Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees 8 6 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVER NANCE COMMI TMENT Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is to see to it that the Town of Estes Park government 1) achieves results for citizens at an acceptable cost and 2) avoids unacceptable actions and situations. 1.1 The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactively rather than reactively. 1.2 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of the Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.3 The job of the Board of Trustees is to make contributions which lead the Town Government toward the desired performance and to assure that it occurs. The Board’s specific contributions are unique to its trusteeship role and necessary for proper governance and management. 1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). 1.5 The Board expects of its members ethical and businesslike conduct. 1.6 The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. 1.7 The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.8 Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. 9 7 Committee’s may not vote or adopt policy, but may make recommendations to the Town Board for action. 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re-exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. 10 8 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 Rev 7-25-17 POLICY TITLE: GOVER NI NG STYL E The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactive rather than reactive. In this spirit: (1) The Board of Trustees will operate fully aware of its trusteeship and stewardship obligation to its constituents. (2) The Board of Trustees will conduct itself individually and collectively with whatever discipline is needed to govern with excellence through: 1. Being committed to matters such as policy making principles, role clarification, speaking with one voice and self-policing of any tendency to stray from governance adopted in Board policies. 2. Individual Board members’ thorough preparation for meetings and regular attendance. 3. Continuation of Board development including orientation of new members in the Board’s governance process, participation in relevant continuing education, and periodic Board discussion of process improvement. (3) The Board of Trustees will direct, the organization through the careful establishment of broad written policies reflecting the Board’s values and perspectives. The Board’s emphasis will be on impacts on the Town outside the organization, not on the administrative means. (4) The Board of Trustees, as trustee for and working with the citizens of the Town of Estes Park, will be the primary initiator of policy, and will also be receptive to other policy initiatives from citizens and staff. The Board, not the staff, will be responsible for Board performance as specified in the policy entitled Board Job Products. (5) The Board of Trustees will be accountable to the Citizens of the Town of Estes Park for competent, conscientious and effective accomplishment of its obligations as a body. It will allow no individual, committee or entity to usurp 11 9 this role or hinder this commitment. (6) The Board of Trustees will monitor and discuss the Board’s own process and performance, and ensure the continuity of its governance capability through continuing education and training. (7) A member of the Board of Trustees who votes in the minority is free to express his/her dissent but will respect the process and legitimacy of the majority decision. (8) All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. (9) Agree not to hold grudges or bring disagreements from past actions into future decisions. (10) A member of the Board of Trustees who, in their sole opinion, believes they have a conflict of interest or for any other reason believes that they cannot make a fair and impartial decision in a legislative or quasi-judicial decision, will recuse themselves from the discussion and decision. Any recusal will be made prior to any board discussion of the issue. (11) Any Trustee may choose to abstain from voting on any question, at their sole discretion. If there is not conflict of interest or reason for recusal as outlined in 1.1(10), the trustee may participate fully in Board discussions of the issue, yet abstain from voting, should they so choose. 12 10 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATI NG PRI NCI PLES Rev 7-25-17 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. As such, the Board shall adopt and comply with a Board Code of Conduct and associated Operating Principles 13 11 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD J OB DESCRI P TI ON The job of the Board of Trustees is to lead the Town Government toward the desired performance and to assume a good faith effort toward those objectives. The Board’s leadership is unique to its trusteeship role and necessary for proper governance and management. 1.3.1 The products of the Board shall be: 1. Linkage: As the Town of Estes Park Board of Trustees places a high value on open, participatory government, the board will produce the linkage between Town of Estes Park go vernment and the Citizens of Town of Estes Park. A. Needs Assessment: The Board of Trustees will strive to identify the needs of the citizens as they relate to Town of Estes Park’s activities and scope of influence, and shall translate such knowledge into the articulation of Board Objectives policies (see definition below). B. Advocacy and Ambassadorship: The Board of Trustees will act as the representatives of the citizens to the Town of Estes Park government, and shall take steps to inform and clarify: i. the citizens relationship with government, and ii. the organization’s focus on future results, and as well as present accomplishments. C. Communication: i. Any Board member expressing a personal point of view on a matter of Town business must include language which states the views expressed do not represent the view of the Town, rather they are the official’s personal opinions, unless previously authorized to speak on behalf of the Board of Trustees, or when articulating a position official adopted by the Board of Trustees. ii. ii. Board members should recognize that they may be legally liable for anything they write, present online or say. 2. Written governing policies that, at the broadest levels, address each category of organizational decision: A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task 14 12 B. STAFF LIMITATIONS: Constraints on staff authority which establish the prudence and ethics boundaries within which all Town Administrator and staff activity and decisions must take place. C. BOARD/STAFF LINKAGE: How power is delegated and its proper use monitored; the role, authority and accountability of the Town Administrator (and the Town Attorney).. D. OUTCOMES: Organizational products, effects, benefits, to answer the questions for (what good, for which recipients, and at what cost?). 3. The Board will produce assurance of: A. Town Administrator performance (in accordance with policies in 2A and 2B) B. Town Attorney performance (in accordance with policies in 2A and 2B) 4. Adopted resolutions, regulations, ordinances, and fee schedules; legislative positions; the Audit; the Budget; Boards and Commissions; and statutorily mandated items. 1.3.2 Role of Town Trustees 1.3.2.1 Representation: i. Providing leadership for the Town on behalf of the citizens of Estes Park. ii. Representing and acting in the best interest of citizens of the Town of Estes Park. iii. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens’ concerns. iv. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. v. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. vi. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 1.3.2.2 Legislative: I. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. II. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. III. Establishing policy for the direction of the Town Board and Town Staff. IV. Establishing fiscal policy, financial targets, and budget goals for the Town government. 15 13 V. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 1.3.2.3 Quasi-Judicial: i. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. ii. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during regularly scheduled Town Board meetings. iii. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 1.3.2.4 Communications: I. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. II. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. III. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative of the majority of Trustees unless an official position or legislative action has been established or authorized to do so. IV. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. V. In times of community emergency, it is important that the Town Board speak with one voice. The Mayor, or the Mayor Pro-Tem, if the Mayor is not available, shall speak for the Board during an emergency. Other trustees will refer all requests for information to the Mayor or Mayor Pro-Tem. The Mayor will coordinate all communication with the incident commander and the Town Administrator. The purpose of this policy is not to restrict the communication of the trustees or the Mayor, but to insure all communication is timely and accurate and is in concert with the incident response plan. 16 14 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR ’S RESP ONSI BI LI TY REV 2/2016 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). Accordingly: 1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the Board with its own rules and those legitimately imposed upon it from outside the organization. 1.4.1.1. Meeting agendas and discussion content will be only those issues which, according to Board policy, clearly belong to the Board to decide, not the Town Administrator. 1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient, limited to time, and kept to the point. a. 1.4.2. The authority of the Mayor is to preside over meetings and to sign documents as authorized by the Board of Trustees and to preside over the evaluation of the Town Administrator by the Town Board. 1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except as approved by the Board of Trustees. This shall include any appointment of committee or board positions, making any financial or other binding obligations on behalf of the town, or expressing the official position of the Town on any matter. 1.4.4 Representation: 1.4.4.1 Provide leadership for the Town of Estes Park. 1.4.4.2 Serve as the primary representative of the Town of Estes Park in official and ceremonial functions. 1.4.4.3 Represent the Town in interaction with other government agencies. 1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided otherwise. 1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. 1.4.4.6 Represent the Town on the Platte River Power Authority Board. 1.4.5 Enactment: 1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. 1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code). 17 15 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. 1.4.5.4 Mayor with, Town Board approval, appoints members of committees, and other entities that may be necessary from time to time for the effective governance of the Town. 1.4.5.5 Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 1.4.6 Mayor Pro Tem – Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s absence in accordance with Section 2.16.010 of the Municipal Code. 1.4.7 – Mayoral Appointments 1.4.7.1 – Board Standing Committees – “At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: Community Development/Community Service and Public Safety/ Utilities/Public Works; and the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) 1.4.7.2 Special Assignments – The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 1.4.7.3 Special committees. - Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (EP Municipal Code 2.08.020) 1.4.8 Voting Privileges – The Mayor has full voting privileges for items coming before the Board of Trustees. (Ord. 04-16) 18 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 Rev 7-25-17 POLICY TITLE: Reserved 19 17 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD COMMITTEE REV 4/15/15 PRI NCI PLES For simplicity and clarity in this policy, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens. The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. Accordingly: 1.6.1 Committees which are appointed by the Board of Trustees. 1.6.1.1 - It is the policy of the Board of Trustees to encourage citizen involvement in town affairs, as well as to avoid conflicts involving trustees who serve on committees, boards, commissions and organizations. For these reasons, the trustees have agreed that a trustee shall serve only as a liaison to town committees, commissions and boards. 1.6.1.2 -Other than those legislatively directed, committees may not speak or act for the Board of Trustees except when formally given such authority for specific and time-limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the staff. 1.6.1.3 - Committees appointed by the board are to help the Board of Trustees do its job, not to help the staff do its job. Committees ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. Committees are not created by the Board to advise staff. The Board understands that at times the Town Administrator or Town Staff may convene ad- hoc or ongoing advisory boards to serve as advisors for operational issues. These advisory groups are subject to the same limitations as Board appointed committees. 1.6.1.4 - In keeping with the Board of Trustees’ broader focus, committees normally will not have direct dealings with current staff operations. Committees cannot exercise authority over staff. 1.6.1.5 - Because the staff works for the Board, they will not be expected to obtain approval of a committee before taking action unless otherwise authorized by state statute, Board policy, or federal regulation. 1.6.1.6 -Because of the differing nature of committees, some of which are defined by state statute, the Board shall have and keep current an operating policy defining the role of different committees and setting forth rules and procedures for Town of Estes Park committees (Operating Policy 102). 20 18 1.6.1.7 -The authority and responsibility of any committee will not duplicate the authority or responsibility of: a) The Board of Trustees b) Town Staff c) Any other committee d) Town Auditor e) Town Attorney 1.6.1.8 - All committees will undergo a regular sunset review, at least once every five years, unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees. 1.6.1.9 - Said sunset review shall include a review of the Board and Commission’s Mission Statement, and of the Board of Trustees’ charge to the Committee of their role, responsibility and authority. 1.6.2 - Outside Committees At times a Trustee may seek to serve or be asked to serve on an outside committee not appointed by the Board of Trustees. A Trustee may seek or be asked to serve on an outside committee in an official capacity representing the Board and the Town of Estes Park, or as an individual Board member, not as the official representative of the Town or the Board. 1.6.2.1 - Official Representation a) No Trustee may represent the Town or the Board of Trustees or represent themselves as being an official representative or speak for the Town or the Board without have first been officially designated as the Town’s representative by the Board of Trustees at a regular meeting of the Board. b) The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town . The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. c) A trustee serving on an outside committee shall not chair the outside committee, board, commission or organization (with the existing exceptions of the Platte River Power Authority Board or the County Open Lands Board) without prior approval of the full Board of Trustees. 1.6.2.2 - Individual Representation a) Individual trustees have the right to participate as an individual in any outside group or committee. 21 19 b) When participating as an individual trustee, the trustee should clearly express to the committee membership that he/she is there as an individual and do not speak for nor represent the Town of Estes Park or the Board of Trustees. c) When participating on any outside committee, trustees should be cautious to avoid any real or perceived conflict of interest and any involvement that could compromise the role of the trustee in any quasi-judicial actions or other decisions. 22 20 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES REV 4/15/15 Trustees may serve as the official liaison of the Board to Town committees. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.7.1 Appointment - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 1.7.2 Term – A Trustee shall serve as the Town Board Liaison solely at the pleasure of the Town Board, with no specific term limit. 1.7.3 Duties of a Liaison 1.7.3.1 Communicate with the committee when Board of Trustees communication is needed and to serve as the primary two-way communication channel between the Town Board and the committee or community group. 1.7.3.2 Review applications, interview candidates and make recommendations to the Town Board for final approval. 1.7.3.3 Serve as the primary Trustees’ contact for the committee or community group. 1.7.3.4 Attend assigned committee or community group meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the committee or group. 1.7.3.5 The liaison is not a member of the committee and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the committee. Participation in board discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. 23 21 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 Rev 7-25-17 POLICY TITLE: BOARD STANDING COMMITTEES For the purpose of this policy, Board Committee is defined as a sub-committee of the Board of Trustees and membership is composed solely of Town Trustees. 1.8.1 Board Committees – The Board shall have the following Board Committees (EP Municipal Code 2.08.010) 1.8.1.1 Community Development and Community Services Committee – Responsible for discussions of issues and policy associated with Community Planning, Building and Code Compliance, Fairgrounds and Events, Museum, Senior Center, Visitors Center, Finance and Administration 1.8.1.2 Public Works, Utilities and Public Safety Committee – Responsible for discussions of issues and policy associated with Police, Engineering, Facilities, Parks, Streets, and Utilities. 1.8.1.3 Audit Committee – Responsible for supervising and working with the Town Auditors in the preparation of the Comprehensive Annual Financial Report and any other formal audits, as required. 1.8.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not adopt policy, but shall make recommendations to the Town Board for action. 1.8.3 The following principles shall guide the appointment and operation of all Town Board Committees: 1.8.3.1 Board Committees may not speak or act for the Board except when formally given such authority for specific and time limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Town Administrator. 1.8.3.2 Board Committees cannot exercise authority over staff. Because the Town Administrator works for the full board, he or she will not be required to obtain approval of a Board, Committee or Commission before an executive action. 1.8.3.3 Board committees shall consist of no more than 3 trustees so that the committee is never a quorum of the Town Board. 24 22 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.9 POLICY TITLE: ANNUAL PLANNING AND AGENDAS 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re‐exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. Accordingly: 1.9.1 The Town Board annual planning cycle will conclude each year on July 1, so that administrative planning and budgeting can be based on accomplishing a one‐year segment of long‐term Goals. 1.9.1.1 The cycle will start with the Town Board development of its agenda for the next year. In April-May of each year, the Board will adopt its key objectives for the following year. 1.9.1.2 The Town Board will identify its priorities for Goals, objectives and other issues to be resolved in the coming year, and will identify the information‐gathering necessary to fulfill its role. This may include consultations with selected groups in the ownership, other methods of gaining ownership input, governance education, and other education related to Goals issues (e.g. presentations by advocacy groups, demographers, other providers, and staff). 1.9.1.3 The Board of Trustees, with the assistance of the Town Administrator at the commencement of the Town Board annual planning cycle, prepare a tentative agenda plan for the following year’s meetings. 1.9.2 AGENDAS 1.9.2.1 Regular Board Meetings - The Town Clerk will prepare the agenda for any regular meeting of the board, in consultation with the Town Administrator and staff. A draft agenda will be distributed to the Board of Trustees for comment prior to the publication of the agenda. Individual trustees may request agenda matters for Town Board consideration at least two weeks prior to the regular board meeting. If any Trustee objects to an item on the draft agenda when distributed, the Town Administrator will only place items on the agenda with the direction of a majority of the Board. The Town Administrator may add routine administrative and consent items to any Board agenda. 1.9.2.2 Study Sessions – The Town Board will approve the schedule for upcoming Study Sessions. The Mayor, Trustees or staff may request or recommend any appropriate 25 23 matters for Town Board consideration; however the Town Administrator will only place items on a Study Session agenda with the direction of a majority of the Board. 1.9.2.3 By an affirmative vote of a majority of the Trustees present at a meeting, additional matters may be added to the agenda of any such meeting, as long as it is allowed by statute. 1.9.3 The Town Board will attend to Consent Agenda items (those items delegated to the Town Administrator yet required by law or contract to be Town Board‐approved, or minor non- controversial or routine matters) as expeditiously as possible. 1.9.4 Monitoring reports due and/or submitted to the Town Board will be on the Town Board Meeting agenda for acceptance. Discussion of the reports will be only for indication of policy violations or if the Town Board does not consider the Interpretation to be reasonable. Potential, extensive policy revisions under consideration will be scheduled during a Town Board Work Session or future Town Board Meeting. ‐ 26 24 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.10 POLICY TITLE: SELF - MONI TORI NG OF THE BOARD The Board of Trustees will systematically and rigorously monitor compliance with these adopted policies, both individual and collectively, to determine the extent to which policies are being followed. Accordingly: 1.10.1. The purpose of monitoring is simply to determine the degree to which Board policies are being met. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can focus on creating the future. 1.10.2 Self-monitoring of compliance with these policies will be completed by the Town Board twice a year, in August and February at a regularly scheduled Board Study Session. Monitoring shall be on an exception basis. (a) The Town Administrator will notify the Board of the scheduled self-monitoring session a minimum of two weeks prior to the meeting. (b) Each Board member should review the policy list in section 1.10.6 prior to the scheduled study session (c) Any Board member who has a concern about compliance with any of the policies listed in 1.10.6, or who wishes to discuss the content or interpretation of any of the policies, should notify the Mayor at least one week prior to the meeting. (d) Discussion at the Study Session will be limited to those polices brought to the attention of the Mayor by a member of the Board. All other policies shall be deemed in compliance. 1.10.3 In every case, the Board of Trustees will judge whether (a) the interpretation is reasonable, and (b) whether data demonstrate accomplishment of, or compliance with, the Town Board’s interpretation. 1.10.4 In every case, the standard for compliance shall be “any reasonable Town Trustee’s individual interpretation” of the Board of Trustees’ policy being monitored however, the Board of Trustees is the final judge of reasonableness, and will always judge with a “reasonable person” test (what a reasonably prudent person would do in that context). Interpretations favored by individual board members do not constitute a “reasonable person” test. 1.10.5 Actions determined to be not compliant with a reasonable interpretation of Board of Trustees’ policies will be subject to a process agreed to by the Town Board. 1.10.6. Town Board Compliance Review Schedule P Method GOVERNING POLICY REVIEW DATE 27 25 1.1 Governance Style Aug & Feb (2)(5)-(11) Aug & Feb 1.3 Board Job Description 1.3.1.1.C.i Board Communication Aug & Feb 1.3.1.3 Performance review of Town Administrator and Town Attorney Aug & Feb 1.3.2.3 Quasi-Judicial Actions Aug & Feb 1.3.2.4 Trustee Communications Aug & Feb 1.4 Mayor’s Responsibility 1.4.1 Meeting Leadership Aug & Feb 1.4.3 Refraining from Unauthorized Unilateral Actions Aug & Feb 1.4.4 Representation Aug & Feb 1.4.7.2 Special Assignments Aug & Feb 1.6 Board Committee Principles 1.6.1 Committees Appointed by the Board 1.6.1.1 Aug & Feb 1.6.1.2 Aug & Feb 1.6.1.4 Aug & Feb 1.6.1.6 Aug & Feb 1.6.1.7 Aug & Feb 1.6.2 Outside Committees 1.6.2.1 – Official Representation Aug & Feb 1.6.2.2 b&c Individual Representation Aug & Feb 1.7 Board Liaison Roles 1.7.1 Mayoral Appointments Aug & Feb 1.7.3 Duties of A Liaison Aug & Feb 1.8 Board Standing Committees 1.8.2 Use of Board Committees Aug & Feb 1.8.3 Principles for Board Committees Aug & Feb 1.9 Annual Planning and Agendas 1.9.1 Annual Planning Aug & Feb Adopted Town Policies 103 Town Board Code of Conduct and Operating Principles Biannually – following Town Board Elections 107 Board E-mails Annually March Adopted 7/9/2019 28 September 10, 2019 • Downtown Estes Loop Quarterly Update September 24, 2019 • Discussion with County Assessor regarding Assessment of Vacation Rentals Items Approved – Unscheduled: • Estes Park Housing Authority Project on Highway 7 – Part II • Future of Human Resources Management – HR Strategic Plan • Distributed Energy Discussion • ADUs and Sue Ballou, Partnership for Age Friendly Communities • Follow Up Discussion of Building Maintenance Code Items for Town Board Consideration: • Results of SafeBuilt Report/Building Division • Review of Board Compensation for 2020 Future Town Board Study Session Agenda Items August 23, 2019 30