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HomeMy WebLinkAboutPOLICY 102 - Town CommitteesEffective Period:Until Superseded Review Schedule:Annual -January Effective Date:October 24th,2018 References:Governance Policy Manual 1.6 Board Appointed Committee Principles ______ TOWN BOARD GOVERNANCE POLICIES 102 Town Committees 1.PURPOSE To establish a uniform Policy and Procedure process for Town of Estes Park committees and to provide reference for cross training and training new personnel. 2.SCOPE This Policy and Procedure applies to all Town citizen volunteer boards,commissions and task forces,herein collectively referred to as “committees”and the appropriate staff who support the functions of these entities.This Policy and Procedure does not apply to internal staff committees,committees not appointed by the Town Board or outside independent committees. 3.RESPONSIBILITY The Town Administrator and Town staff shall be responsible for the implementation of this Policy and Procedure. Town Committees 102 Revisions:10/2312018 Town of Estes Park,Town Board Policies Page 1 of 13 TABLE OF CONTENTS PURPOSE .1 2.SCOPE 1 3.RESPONSIBILITY 1 4.PROCEDURE 4 a.Definitions 4 i.Committee Types 4 ii.Town Board Liaison S iii.StaffLiaison S b.Terms 6 c.Recruitment 6 i.Recruitment 6 H.Applications 6 Hi.Eligibility 7 d.Selection Process 7 e.Notification 8 f.Vacancies 8 g.Committee Alternatives a h.Staff Support 8 i.Trustees Liaison 9 j.Orientation and Training 9 k.Bylaws 9 I.Recognition 10 m.Ownership of Intellectual Property 10 n.Open Meetings 10 o.Decision Making 10 p.Compensation and Reimbursement 11 i.Compensation 11 ii.Mileage 11 Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 2 of 13 iii.Meals .11 iv.Expenses .11 q.Insurance Coverage .11 r.Conilictofinterest 12 s.Gifts 12 t.Minutes 12 u.Agendas 12 v.Waivers 12 Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 3 of 13 4.PROCEDURE NOTE:In instances where federal or state regulations and laws differ from this policy/procedure,the federal and state laws and regulations will be followed. a.Definitions i.Committee Types Committees serve many different roles within the Town.It is important that staff and committee members fully understand the role of each committee and the authority and responsibility for the committee and its members.To help define these roles,each committee will be designated as to type,as defined below: (1)Advisory Committees An advisory committee serves a forum of citizens to advise and assist the Town Board and/or a requesting Town department,providing them with technical and non-technical advice on issues.Advisory committees are not authorized to make decisions on behalf of the Town.The Town Board will consider the input of advisory committees,as well as other community members,in making decisions on issues.The Town Board may or may not take action that is in agreement with the advice of a Town advisory committee.Advisory committees may not speak for the Town or take independent positions on issues with the public or the press.Its purpose is to advise the Town Board or the requesting department only. Constituent Advisory Committee:This type of advisory committee is used as a polling type committee used to develop a sampling of community reaction and opinion on an issue or program(s).The membership on this type of committee should be broad based and accurately reflect the total diversity of the larger public.Example:The Transportation Advisory Board Content —Advice-giving Committee:This type of advisory committee is created to give advice to the Town Board or appropriate department to aid with decision making processes.Varied interests and opinions are encouraged,and the advisory committee may be asked to develop specific proposals and products for Town Board or department consideration.Membership is selected to encourage a wide variety of input from respected individuals from the community with specialized expertise.This advisory committee may or may not be a demographic reflection of the community as a whole.Example —The Parks Advisory Board Working Group:This type of advisory committee may reflect both the content or advisory type of committee,but is further charged with implementation of a project or program.Example —The Police Auxiliary (2)Quasi-judicial Committees Some committees and commissions are defined in state statute and have certain statutory responsibilities and authorities,as designated by statute. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 4 of 13 Often these committees have the authority to hold formal hearings,accept testimony,and make decisions which have some level of legal standing.These decisions may or may not be subject to review by the Town Board.Members of these committees must be cognizant of protecting the unbiased quasi-judicial nature of the committee and its formal hearings.Activities of these committees are limited to those authorities granted in statute or specifically by the Town Board.Example —The Planning Commission (3)Decision-Making Committees Decision-making committees are bodies that either statutorily or as granted by the Town Board have authority to make decisions which may include some of the following:approving citizen requests and applications,allocating resources, hiring or firing employees or adopting regulations.The specific authority of each decision-making committee is defined in statute or in the bylaws as approved by the Town Board.Examples—The Board of Adjustment,Board of Appeals (4)Ad-Hoc Task Forces Task forces are special ad-hoc panels created by the Town Board for a specific project or task.Task forces are limited in duration and are not ongoing entities. The responsibilities of the task force shall be designated by resolution by the Town Board at the time the Town Board authorizes the formation of the task force.The Town Board will consider the input of task forces,as well as other community members,in making decisions on issues.The Town Board may or may not take action that is in agreement with the advice of a Town task force. Task forces may not speak for the Town,and are to advise the Town Board or the appropriate department only,and are not to take independent positions on issues with the public or the press.Examples —Bond Park Committee, Transportation Visioning Committee (5)Outside and Independent Committees These are committees that may or may not be appointed wholly or partially by the Town Board,but are independent autonomous committees,often serving a governance role for another entity.This includes,but is not limited to the Estes Valley Library Board,the Local Marketing District,the Estes Park Housing Authority,and Western Heritage Inc. ii.Town Board Liaison The Town Trustee assigned to the committee pursuant to Governing Policy 1.7 iii.Staff Liaison A staff position responsible for the coordination and communication with the assigned committee and the day-to-day support for the committee. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 5 of 13 b.Terms The term for committee membership shall be defined in the bylaws of each committee. Terms for outside committees are the responsibility of the specific committee and not the Town of Estes Park. Terms for all committee members will be staggered with the exception of ad-hoc or temporary committees,which may have a finite sunset. Mid-term appointments to positions that become vacant may be made at any time or may be postponed to the regular term period,at the discretion of the Town Board. Unless otherwise specified by statute,members of a committee serve at the pleasure of the Town Board,have no property interest or entitlement in their membership or office and may be removed at any time for any reason by the Town Board. c.Recruitment The Town Clerk will publicize and advertise committee vacancies each year,and on an as-needed basis throughout the year,utilizing paid advertising,press releases to electronic and print media,the Town website,and other produced materials that might engage interested residents.Applications shall be available on the Town website,at Town Hall and at the Estes Valley Library. i.Recruitment Current committee members are encouraged to help recruit potential committee members,especially when specific targeted populations or expertise is required. Staff and Trustees may encourage individuals to apply for any open committee position,however they must be clear that the authority to appoint to a committee is solely the responsibility of the Board of Trustees,and there is no implied promise or guarantee of appointment. ii.Applications All citizens interested in serving on a committee shall complete an official Town application.These applications will be available from the Town Clerk’s office and on the Town website.Applications must be returned by the deadline to the Town Clerk’s office.Online applications are accepted from the Town website. Citizens may apply for up to three committees at a time.When applying for more than one committee,applicants should prioritize their requests on the committee application form. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 6 of 13 iii.Eligibility Eligibility for any committee shall be defined in the bylaws of each committee. However,except by special circumstance as approved by the Town Board,all members of any Town committee shall be residents of the Town of Estes Park. No individual who is currently serving a sentence after being convicted of a felony may serve on any Town board.Due to the time commitment involved,and to allow as many citizens the chance to participate in Town committees,serving on more than one Town committee at a time is discouraged.However,the Town Board reserves the right to appoint individuals to multiple committees when,in the opinion of the Town Board,it is in the best interest of the Town. d.Selection Process The Town Board will seek the most qualified diverse applicants with applicable special interest and expertise.In general,only the Town Board will select appointments to a Town committee.Existing committee members may assist with the recruitment of new members,but should not screen,interview or make recommendations for appointments,unless specifically requested to do so by the Town Board. Selection to the committees will be carried out as follows: 1.The Town Board or its designee(s)will review the applications. 2.The Trustees or their designee(s)may screen applicants to select a pool for interviewing. 3.The Trustees or their designee may conduct reference checks or background checks on applicants when,in the opinion of the Town Board or its designee(s), it is in the best interest of the citizens of the Town of Estes Park.No such checks will be completed without the informed consent of the applicant. 4.Applicants for all committees will be interviewed by the Town Board,or its designees.Any designees will be appointed by the full Town Board. a.Personal interviews shall be conducted prior to any appointment to a Town committee,unless specifically waived by the Town Board,or as excepted below. b.Prior to candidate interviews,the Town Board or its designee(s) assigned to conduct the interviews shall develop selection and evaluation criteria for review of the candidates. 5.The Trustees may request assistance from the staff liaison and other committee members. 6.Recommendations from the interview team will be made to the Town Board, which will make the appointment(s). Incumbent committee members who are eligible for reappointment will be contacted by the Town Clerk’s office to assess their interest in being reappointed.Members who desire reappointment will be considered along with all other applicants.Incumbents may be interviewed by the Town Board or its designee,at the discretion of the Town Board. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 7 of 13 By agreeing to serve on a Town committee,the member agrees to abide by this policy of the Town Board.Any committee member who violates the terms of this Policy and Procedure or the bylaws of the committee may be asked to resign or be removed from the committee by the Town Board. e.Notification The Town Clerk’s office will notify applicants of scheduled interviews.The Town Clerk’s office will promptly notify applicants and incumbents requesting reappointment,of appointments and the status of their applications. f.Vacancies The Town Clerk’s office will keep all applications on file for one year.If vacancies occur during the year,the position may be filled from the current list of applicants using the selection process delineated or through advertising for interested volunteers.For difficult to recruit committees,applications may be kept on file for two years. Resignations from any committee should be addressed in writing to the Town Board or Town Administrator. g.Committee Alternatives No Town committee will have members designated as alternates.All members,other than those designated as ex-officio or associate,shall have full membership and voting privileges on all Town committees. Where federal or state laws or municipal ordinances require alternates Section 102.3.7.1 is waived. Alternate/non-voting members who wish to become regular members must complete an application for the appropriate committee. h.Staff Support Staff support is available to committees through the staff liaison assigned to support each committee. It is the responsibility of the Town Board,in coordination with the staff liaison to provide the necessary budget and other resources for any committee to perform its assigned duties. It is the responsibility of the staff liaison to ensure the committee has adequate and reasonable staff support within budgeted resources. Staff support and staff liaisons will not be members of the committee to which they are assigned. It is the responsibility of the staff liaison to make requests for the Trustees’liaison to attend assigned committee meetings through the Town Clerk. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies PageS of 13 i.Trustees Liaison Individual Trustees may be assigned as liaisons to a committee by the Town Board. The role of the Trustee liaison is: •To serve as the primary two-way communication channel between the Town Board and the committee. •If so designated by the Town Board,to review applications,interview candidates and make recommendations to the Town Board for approval. •Serve as the primary Town Board contact with the committee. •Attend assigned committee 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. •Any Trustee may attend the meeting of any committee;however they should notify the official Town Board liaison in advance of attending.This notification will allow the liaison to know when a quorum of the Town Board may be attending the committee meeting and to notify the Town Clerk so the appropriate public notifications can be made,in compliance with the Colorado Open Meetings Act. •The liaison is not a member of the committee and when in attendance at a committee meeting,shall be there as an observer for the Town Board. Participation in committee discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. j.Orientation and Training Staff liaisons should provide new committee members with pertinent materials that will assist new members in becoming fully functioning members of the committee, including a copy of the bylaws and a copy of this policy.Staff liaisons should clearly inform all new members of the role of the committee and the responsibilities and authority of the committee.Established committee members are encouraged to share their experience and knowledge with new members.New members are encouraged to attend meetings before their term begins.All new committee members shall receive and acknowledge the receipt of the Town of Estes Park Volunteer Manual. k.Bylaws Each committee shall adopt bylaws that are consistent with these policies.A copy of the bylaws shall be sent to the Clerk’s office prior to adoption,for staff and Town Board review.This Policy and Procedure shall be incorporated,by reference,into the bylaws of all Town committees,The bylaws shall include a description of the objectives and duties or tasks of the committee,as set by the Town Board or the appropriate department. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 9 of 13 I.Recognition The Town Board shall recognize the Town’s volunteers annually,in a manner determined by the Town Board. The Town Board will send a letter of appreciation to all outgoing committee members in good standing. m.Ownership of Intellectual Property Any documents,articles,reports or correspondence,recommendations or other products produced by a Town committee shall be the sole property of the Town of Estes Park. No committee or member of a committee may copyright or in any other way take ownership for any documents,articles,recommendations or other products produced as a function of the Town committee. All documents and correspondence produced as part of the regular business of any committee shall be subject to the same open records policies applicable to all Town documents and correspondence. All documents and publications of any Town committee must be clearly identified as belonging to or originating from the Town of Estes Park. n.Open Meetings All meetings and actions of any committee shall be in full compliance with state statutes governing open meetings.It is the responsibility of the staff liaison to be familiar with these statutes and regulations. o.Decision Making Any actions,recommendations or discussions of any committee shall be limited to the defined objectives of the body as described in the approved bylaws. A common point of misunderstanding with committees and citizens is the role of the committee in decision making and the type of decision making to be employed by the committee for a particular issue.The Town Board realizes that not one method of decision making fits all situations;however it is important that the type of decision be declared early in the process of public discourse.The type of decision process is dependent on the issue involved,the time frame available and the amount of public participation desired. It is the responsibility of the staff liaison to assist the committee in its decision-making process and to train new and existing members in the appropriate responsibilities and authorities of the committee and its members.Staff liaisons are not to exert undue influence during the decision-making process,but only to keep the decision making of the committee in agreement with the objectives set by the Town Board. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 10 of 13 p.Compensation and Reimbursement i.Compensation Citizens who serve on Town committees do so as volunteers.There will be no financial compensation or reimbursement of expenses,except as noted below,for any volunteers on any committee. ii.Mileage Committee members may request reimbursement for mileage to attend any committee function if the member must travel greater than 10 miles from their residence.Mileage will be reimbursed at the rate currently adopted for Town travel by the Town Board.The staff liaison is responsible for approving mileage reimbursements for committees within the budget provided by the Town Board. iii.Meals Meals may be provided by the Town as part of regular meetings of the committee, as budgeted. iv.Expenses Members of committees may be reimbursed for out-of-pocket costs associated with the business of the committee provided the expenditures have been previously budgeted by the Town Board and authorized in advance by the assigned staff liaison or Town Administrator.(For example,office supplies,copies, printing,etc.)Other expenses may be reimbursed if,in the judgment of the staff liaison,such reimbursement is in the best interest of the Town. q.Insurance Coverage General liability (liability other than auto,including general,law enforcement and professional)is provided to all volunteers. Volunteers are not covered by the Town’s workers’compensation coverage.Any injuries incurred while volunteering is the responsibility of the individual volunteer. Specific to automobile insurance,both physical damage and legal liability for bodily injury or death is covered for all volunteers driving town vehicles,subject to coverage limits pursuant to the Town’s coverage.In addition,liability is covered for all volunteers driving their personal vehicles on Town business;however the following claims are excluded from coverage. •Bodily injury or death to passengers (including friends and family)who are not on official town business. •Physical damage to non-Town owned vehicles used on Town business. Property insurance is not provided to any personal property of the volunteer. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 11 of 13 r.Conflict of Interest A conflict of interest occurs when a person’s private,personal relationships or interests conflict so that an independent observer may reasonably question whether the person’s actions or decisions are determined by personal benefit,gain,or advantage. Members of committees shall not use their membership for private gain,and shall act impartially and not give preferential treatment to any private organization or individual. A member of any committee who has a personal or private interest in a matter proposed or pending shall disclose such interest to the committee;shall not vote on the item;and shall not attempt to influence the decisions of other members voting on the matter. s.Gifts Acceptance of or giving of any gifts by a committee member,which could lead to a conflict of interest,is prohibited.In particular,no member of any committee may accept or give a gift in excess of the value specified in Article XXIX of the Colorado State Constitution,from any individual,organization,contractor,or any other entity which does business with the Town or has any control of or interest in Town business related to the activities of his or her particular committee. t.Minutes Minutes shall be recorded of all meetings of any Town committee that are subject to the Colorado Open Meetings Act.Approved or draft minutes should be posted as soon as practicable after the meeting in question.Committees are strongly encouraged to post draft minutes prior to the final approval of the minutes at the next meeting of the committee.At a minimum,minutes shall be published on the Town website within seven days of approval by the committee. Minutes should record any formal actions taken by the committee.Minutes are not intended to be verbatim transcripts of the meeting.The amount of detail included in the minutes beyond the recording of actions is left to the discretion of each committee. u.Agendas Agendas for all public committee meetings will be posted on the Town website a minimum of six days prior to the meeting,whenever possible. v.Waivers Any section of this policy can be waived by a majority vote of the Town Board. w.Sunset Review In accordance with Governing Policy 1.6.1.6,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.This applies only to non-statutorily required boards/commissions. Town Committees 102 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 12 of 13 Approved: Todd Jirsa,Payor Date Town Committees 102 Parks Advisory Board BoardlCommittee Initial Sunset review (then every five years thereafter) I Transportation Advisory Board October 2017 Family Advisory Board April 2019 October 2017 Audit Committee October2018 Revisions:10/23/2018 Town of Estes Park,Town Board Policies Page 13 of 13