HomeMy WebLinkAboutPACKET Town Board Study Session 2010-06-08Fl LE Revised 6/3/10 49 94*IN>7 STUDY SESSION TOWN BOARD Tuesday, June 8, 2010 4:00 p.m. Rooms 202 & 203 170 MacGregor Ave. AGENDA 4:00 p.m. CIRSA Liability Presentation. Tami Tanoue 5:15 p.m. Dinner Break. 5:30 p.m. Medical Marijuana Centers. Attorney White * 6:15 p.m. Proactive Communication. 7:00 p.m. Board Meeting. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. le -t N
Jackie Williamson From: Admin iR3045 Sent: Thursday, June 03, 2010 2:43 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2853 ST. TIME 06/03 14:36 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1
Jackie Williamson From: Admin iR3045 Sent: Wednesday, June 02, 2010 3:51 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2843 ST. TIME 06/02 15:37 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1
6/8/2010 ill · SUGGESTIONS TO REDUCE THE RISKS OF LIABILITY Tami A. Tanoue General Counsel/Claims Manager CIRSA : ~ tami@cirsa.org 800 228.7136 l www.¢irsa.org What is CIRSA? Public entity self-insurance pool for property, liability, and workers' compensation coverages - Formed by in 1982 by 18 municipalities pursuant to CML study committee recommendations - Not an insurance company, but an entity created by intergovernmental agreement of our members · Total membership today stands at 234 member municipalities and affiliated legal entities Out of 271 incorporated municipalities in Colorado: - 74% are members of our Property/Liability pool - 45% are members of our WC pool - Ests Park joined PC pool in 1985 (F> 800.228.7136 1 vvyly.¢irsa.org What is CIRSA? Member-owned, member-governed organization - No profit motive - sole motive is to serve our members effectively and responsibly - Have returned over $30,000,000 in contributions to our membership CIRSA Board made up entirely of municipal officials Seek to be continually responsive to the liability-related needs of our membership - coverages and associated risk management services, sample publications, training, and consultation services, as well as specialty services such as home rule charter review We have the largest concentration of liability-related experience and knowledge ((CIRSA1 directly applicable to Colorado municipalities < / 800.228.7136. V""422- 1
6/8/201 0 Recognize that your role may have 1 changed • Being newly elected, or a change in the balance of power on a Board, means that your role may have changed: • Citizen-official • Outsider-insider • Minority-maj6rity • Critic-representative • Single-issue proponent-all issues decision- maker ~ORSI~ Recognize that your role may have changed 1 Whatever your role may have been previously, you are now all trustees - guardians - stewards - of the Town • The protection of the Town's interests and assets is perhaps your most critical function now ' Board is analogous to the board of directors of a multi-billion dollar corporation ' The guiding principle in decision making should always.be, "what is the right thing for 4 the Town?" ~RS•) Recognize that your role may have changed ' Hanging on to "outsider perspective can be destructive - when you were elected, you became the ultimate insider! 1 Misunderstanding your role can increase the risk of liability for the Town and for yourself. 1 It can also greatly reduce your own effectiveness: being part of a collective decision-making body requires collaboration and consensus-building. I 13'Re 2
6/8/2010 Avoid "outside the scope" and "willful and wanton" conduct 111 • You have personal protection from liability under the Governmental Immunity Act (GIA) only if you are : 'within the scope of employmenf and not acting "willfully and wantonly." IM • Concept of"scope of employment' applies to ALL persons covered by the GIA- induding elected and : appointed offidals, employees, and authorized volunteers : • Means everyone needs to know their 'job description'! •- Conduct that is outside the 'scope of emp/oyment" , (SOE) or willful and wanton will result in a loss of governmental immunity. ¢21 y Avoid "outside the scope" and "willful and wanton" conduct ~ Can also result in loss of coverage under liability insurance policies • We have to look at allegations of lawsuit. If allegations are of 'outside SOC conduct, we can't defend/indemnify ' Can also result in personal liability, including punitive damages • Nightmare scenarios have become reality in Colorado 1 You may become responsible for defending yourself and paying any settlementjudgment against you toRsal Avoid "outside the scope" and "willful and wanton" conduct ~ Understand your "job description" and stay within it. ' Before acting, look for a law, charter provision, ordinance, resolution, or motion that authorizes you to act. • Keep in mind you may need to reconcile conflicting and superseding authorities ~ If you can't trace your action to a source of authorization, you may be outside your SOE! ~!R5A! 3
6/8/2010 Avoid "outside the scope" and "willful and wanton"conduct ~~ • Elected officials act primarily as a BODY. • In most charters. Mayofs role is typically spelled out in terms of presiding over meetings, voting, veto power). No role is typically spelled out for any other individual Board member. • So as elected officials, you exercise your responsibilities mainly by VOTING as part of the GOVERNING BODY in a PUBLIC MEETING. • When you find yourself doing anything other than that :..' make sure you are properly authorized! 621 Avoid "outside the scope" and "willful and wanton" conduct • "We" ... not T! • If you find yourself thinking in terms of T rather than 'we' ...that's a red flag. • Be particularly cautious once you've voted on a matter. • Get behind the decision, don't undermine. • If you feel there is a need to change it, use proper channels only. • Recognize that some decisions CANNOT be undone without liability. Avoid "outside the scope" and "willful and wanton" conduct 1 • Avoid acting out of personal motives • Actingon the basis of personal motives is likely to be outside your SOE! • May also be willful and wanton • Don't be "goaded" into outside-the-SOE conduct by political or citizen pressure • 'We want youtogetrid of So-and-So.» • Are those citizens going to defend you if you're sued? ~OR5A) 4
6/8/2010 Protect the Town's confidences • Government is conducted in the open - but there are legitimately confidential matters, including: • Legal advice, litigation issues • Personnel matters • Issues being negotiated tGRSA) 1 Protect the Town's confidences ' ~ • Protection of confidences is particularly important in the personnel context • Make sure your procedures are set up in a way that doesn't invite confidentiality breaches · Stay out of the loop on most personnel matters • Delegate personnel matters to your Town Administration to handle • Use outside hearing officers when necessary rather than a Town Board "grievance committee" <ORSAJ Run a good meeting! • Outside of appropriately confidential matters ALL matters before a public body are to be discussed • Don't hold a private "meeting before the meeting» • Be cautious about using email to discuss public business " No public "rubber stamping" of decisions already made in private • If some or all members have already decided an outcome in private, then the concept of public participation in a public meeting has been ~ * effectively destroyed F"6'1 5 AU ,· „·, ~, At I'#u'%¤f..) ' 1111' '. ' ··"·'·'·~~~-~~"~ litililillilililll~i~di.i-l-"
6/8/201b , Run a good meeting! 1 Don't hold the meeting if timely notice hasn't been given , Don't end up having an inadvertent "meeting" • 3 or more or a quorum gathered to discuss public business = a meeting! • If you find yourself together by accident... DON'T discuss public business! • Keep appearances in mind Run a good meeting! • Understand the difference between legislative and quasi-judicial matters, and observe the different requirements applicable to each! ~ In a quasi-judicial hearing, an array of special procedural requirements apply. • Violation of those requirements is a violation of due process - a constitutional/civil rights violation! Quasi-Judicial Hearings - Personal Conduct Dos and Don'ts • The essence of a good hearing is fairness and the appearance of fairness · Don't sign any "pro" or "con" petitions! • Common in liquor licenses * • Don't make up your mind before the hearing • Don't speak with one side or the other before a hearing (ex parte contacts - about which more later) • Don't assume the role of negotiator or advocate, 1* € VOISI) 6
6/8/2010 ~~ Personal Conduct Dos and Don'ts, cont'd • Don't participate if you have a financial or other personal interest in the matter • Don't make your decision on the basis of irrelevant cnteria • Don't make your decision based on things you "know" but did not "learn" at the hearing • Don't participate if you weren't there for the whole hearing (or at least listen to the tape of any portion you missed) · Don't participate if you know you can't be fair and unbiased 2 taRSAi Personal Conduct Dos and Don'ts, \ Cont'd • Do ask for legal advice (executive session if necessary) on legal criteria, or on application of facts to criteria • Do consider asking for a legal criteria worksheet when the criteria you must apply are complex or lengthy • Do disclose unavoidable "ex parte» contacts • Participation despite contact is OK as long as you can still be unbiased Other suggestions - avoid ex parte contacts • An ex parte contact is an "outside the hearing" contact with someone who has a stake or interest in the subject matter of the hearing • The contact is impermissible whether with the applicant, citizens, staff, or others • When your Town Attorney advises against them, she is protecting YOU, your ability to participate in the decision-making, and your ultimate decision • Improper ex parte contacts disempoweryou as the decision-maker! ACIRSA) 7
6/8/2010 Ex parte contacts, cont'd • A Board of Trustees/board/commission member doesn't wear a robe, is easily recognized on the street, and is expected by citizens and others to be 'accessible' at all times, but. • A judge reviewing a quasi-judicial decision in an appeal proceeding will judge the Board's conduct against the way he/she would behave as a judge in his·own courtroom - so keep the -judge - courtroom» scenario in mind when deciding on your own conduct in quasi-judicial matters • So 'think like a judge» in your personal conduct when a quasi-judicial matter is pending. 6& Ex parte contacts, cont'd • Woulda judge seek out citizens and invite or ask them to come and testify as witnesses in a pending case before him/her? • Woulda judge allow himself/herself to be 'lobbied*on a pending matter at home or at the local supermarket? • Would a judge compromise the appearance (and possibly reality) of fairness by sin~ling out one side or another to be overly friendly with • Would a judge make a decision in a matter in which he/she had a financial interest, or in which he/she had already made his mind up? • Would a judge make a public statement that could come back to haunt him/her later on in terms of displaying a possible bias? • Would a judge decide to ignore the law and/or the facts in rendering a decision, and make his/her decision on the r& basis of factors that he/she knows are not relevant? „ae,~ 1 pRS.1 Put ethics first! 1- • In Colorado, ethics scandals are rare - but ~ happen from time to time • Ethical misjudgments greatly undermine El public confidence in government *Ul • Can result in criminal and civil·liability ~ • "Personal benefit" exclusion from liability il~ coverage! il • Gaining a personal benefit is NOT in one's Ell SOE! ~ · Amendment 41 concerns (now resolved!) , ~[CIRSA} 8
6/8/2010 Put ethics first! ~ • Disclose any personal or private interest in any pending matter to governing body; don't vote (except in very limited circumstances); and don't influence other members ~ • Don't have a financial interest in any I contracts or purchases i. • Don't disclose any confidential information : I you gain ~CiR5A~ Put ethics first! • Avoid acceptance of gifts • Don't engage in private business transaction with someone you inspect or supervise • Don't take actions to benefit a business in which you have a financial interest 0 1 {CIRSA} Put ethics first! • The bottom line: No one should derive a personal or private benefit from holding public office ¥ • Any such benefit raises red flags from an ethical, civil liability, and criminal liability standpoint! v;RS~? 9
6/8/201'0 ~ Reduce your involvement in administrative matters ~~ • Understand and observe the difference beMeen legislative and administrative matters! | ~ • A municipality evolves from 'hands on' elected official involvement in administrative issues to a Town administrator/manager form of government as the municipality's operations become more sophisticated and complex. • Town Administrator/manager format: The gold standard of municipal government • Do you have a 'committee' format on the Board? Can be problematic. • Establish 'corporate' values and mission, set overallgoals and priorities, and give broad direction, leaving details of execution to stat Reduce your involvement in / administrative matters ' Inappropriate involvement in administrative matters by elected officials, collectively or individually, can: 1 Undermine the chosen form of government I Waste the resources you've committed to the form of government ~ Be a backwards step in municipal government evolution m Increase the risk of liability for yourself [GRSAI Reduce your involvement in administrative matters • The legislative-administrative distinction is particularly important in personnel matters. • Board has an appropriate role - the "big picture issues: • Personnel rules, including selection procedures performance evaluations, disciplinary actions • Town-wide pay plan • Selection of your 'direct reports' • Budget • Overall Town-wide and departmental goals and priorities <IRSIJ 10
6/8/2010 Reduce your involvement in administrative matters • Make sure your involvement in these "big picture' issues doesn't devolve into the details: • Selection, evaluation, or disciplinary matters involving a. ilm specific individual who's not a direct report • Salary of specific individuals who aren't direct reports • Details of a specific individual's duties or job performance • Other than your "direct reports; if you are looking at issues A involving a single employee rather than the group as a whole, E that is likely an administrative issue that should be entrusted to staff • Don't be pressured to bypass the chain of command to deal with a specific employee - if you do it with one employee, how can you ever.return to the proper chain of command? i administrative matters Reduce your involvement in .I ' Your BEST immunities as elected officials are in the legislative and quasi- N ~ judicial arena I Courts recognize legislative and quasi- i~ judicial immunities }- 1 Venture into administration, and you're i I venturing into" outside the SOE" li territory! l. P.A Use your power wisely and humanely • Whether you know if or not, you set the tone for the whole Town in terms of the treatment of employees. • If the tone you set is negative, demeaning, distrustful, discriminatory, etc., you are setting yourself and the Town up for liability.... And guess what rolls downhill? • Understand that you are perceived as holding the most powerful positions in the Town • Use courtesy, tact, and diplomacy in interactions, especially in public settings • Your staff members are professionals, but they are humans too. • Avoid acting explosively or with the intent to demean or embarrass • Think before speaking off the cuff, especially in a public setting A 11
6/8/2010 · Use your power wisely and humanely • Do not allow Board meetings to be used as an opportunity to berate your staff members • Citizens have every right to raise concerns and to be critical about the way Town government conducts business • Use the meeting as an opportunity to RECEIVE citizen feedback for appropriate follow-up • Do not join in the staff-bashing, if it's happening! Conclusion • Always keep in mind that you are the stewards of the Town's best interests and assets I Stay within your "scope of employment"! • Act as "we," not as "I" • Observe best practices in meetings ~ Meet high ethical standards • Use your powers wisely and humanely laRSA~ ~ QUESTIONS? 1 12
6/8/10 Medical Marijuana Information- Wendy Koenig, Trustee Question: Do we have any doctor in Estes Park currently prescribing and following medical marijuana patients? Timberline Medical: No Family Medical: No Salud No (formal policy due to federal funding) Question: What licensure is required for a medical doctor to prescribe medical marijuana? Special add-on license to their current narcotics license, reinforcement comes from the Federal Drug Administration. The entire medical license is a risk when prescribing medical marijuana. Question: Approximately, how many people in the Estes Valley are being prescribed medical marijuana? 60 Question: Where do these individuals fill their prescription? In the past, the Fort Collins Clinic is the state mandated clinic where Rx can be filled. Information regarding the impact of medical marijuana was obtained 6/7/2010 from Dr. George Crislip. He is the only M.D. to obtain a license add-on to prescribe and follow patients using medical marijuana. He was the referral source in Estes for this Rx. He worked at Salud. He retired January 2010. He used medical marijuana for patients with post surgical pain, neuropathy, MS, cyclic vomiting, and to help wean patients off of methadone and reduce morphine doses. Recommendation by Dr. Crislip: Moratorium remains in effect for the following reasons: 1. There are no doctors in Estes Park prescribing medical marijuana 2. Patients need to be followed monthly by their doctor when receiving medical marij uana. 3. If moratorium lifted: Clinics would get Rx for patients from the valley without proper patient/doctor interface, putting the patients at risk, and possibly the public at risk through improper, and unmonitored patient use. 4. Medical marijuana is easy to obtain in the valley. 5. Any medical facility receiving Federal Funds is at risk of losing those funds if they participate in medical marijuana Rx and management. Respectfully submitted, Wendy Koenig, Trustee 6/8/10
TOWN op GTES PAR]<L Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: June 4, 2010 RE: House Bill 10-1284 Enacting the Colorado Medical Marijuana Code Introduction: At the end of the Colorado General Assembly's recent session, it adopted house Bill 10- 1284 enacting the Colorado Medical Marijuana Code ("MMC"). The MMC authorizes and requires the State and affected county and municipal governments to issue licenses for the cultivation, manufacture, distribution and sale of medical marijuana and medical marijuana-infused products. It does this in much the same manner as the liquor licenses are now issued by the State and local licensing authorities, both of which must approve a liquor license for it to be issued. This Memo will outline the provisions of House Bill 10-1284 as they pertain to the regulation of the cultivation, manufacture and sale of medical marijuana and medical marijuana-infused products. The Memo also outlines the authority granted to the Town Board in making decisions about whether to prohibit the cultivation, manufacture and sale of medical marijuana and medical marijuana-infused products in the Town or to license and regulate these activities. Background: Amendment 20 to the Colorado Constitution (Article XVIII, Section 14) was passed by the Colorado electors in November, 2000. Amendment 20 recognized and defined the following: • Patient • Primary Caregiver • The Amendment provided that neither a patient nor primary caregiver could be prosecuted for violation of State or local law for the possession of a limited
amount of marijuana for the patient's use to treat a "debilitating medical condition". • Possession per patient 2 ounces of marijuana, AND 6 plants (3 mature) Pursuant to the Amendment, the Colorado Department of Public Health and Environment (CDPHE) established regulations and the Medical Marijuana Registry Program, March 2001 Federal Response To Amendment 20: The U.S. Department of Justice clarified the Federal Government's position in a Memorandum dated October 19, 2009 is as follows: • "federal resources and prosecutorial efforts should not focus on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana" What Amendment 20 Did Not Do: • There is no definition or mention of medical marijuana dispensaries, grow operations nor marijuana-infused products. • The Amendment did n6t legalize the sale of medical marijuana in any form to any person including a patient and/or primary caregiver. • The Amendment did not supersede federal law with regard to cultivation, possession and sale of marijuana. Statistical Information: • As of October 31, 2009 Statewide - 21,625 registered patients Larimer County - 2,002 registered patients 67% have designated a Primary Caregiver Page 2
State Legislative Response - 2010: On May 12, 2010, the Colorado General Assembly passed House Bill 10-1284. The House Bill creates a state licensing authority and authorizes that authority to promulgate regulations governing the licensing of medical marijuana facilities. Those regulations and the licensing shall not become effective until July 1, 2011. The proposed legislation has not been signed into law by the Governor, however, staff is operating under the assumption that the proposed legislation will become law. Major provisions of HB 10- 1284 are as follows: • Creates a state licensing authority in the Department of Revenue to regulate, control, and license the cultivation, manufacture, distribution and sale of medical marijuana in the State including the right to create rules on signage, security, inspections, days and hours of operation, etc.; • Allows for a concurrent local licensing system, if approved by local ordinance, similar to liquor licensing; • Municipalities may adopt a local ordinance between July 1, 2010 and July 1, 2011, licensing, regulating, or prohibiting the cultivation or sale of medical marijuana; • Provides for local licensing authorities to issue three types of licenses: 1) a medical marijuana center license, 2) an optional premises cultivation license, or 3) a medical marijuana-infused products manufacturing license; • Requires registrations for owners, managers, operators, employees, contractors and other staff working in a licensed premises; • Introduces the idea of medical marijuana centers (rather than dispensaries) as a person licensed to operate a business that sells medical marijuana to patients, may sell edible products, and may purchase marijuana from licensed optional premises cultivation facilities; • Those prohibited of being issued a license include: those who do not pay the fees, who have a criminal history indicating lack of good moral character or any corporation whose officers lack good moral character, a licensed physician, anyone under 21, anyone who has been convicted of illegal possession, distribution or use of marijuana or any controlled substance, public safety officer or a person who has a license for a retail food establishment; Page 3
• It also prohibits anyone who fails to pay taxes, provide a surety bond, repay student loans, is delinquent in paying child support; • Employees, officers, owners and managers must be residents of Colorado for at least two years; • Licensed premises must·be at least 1,000 feet from a school, college, child care center, alcohol/drug treatment facility or seminary and must not conflict with existing local zoning laws. Allows for municipal ordinances to either be more or less restrictive; • Specifies that the location of optional premises cultivation licensees are not subject to Open Records Law, but can be shared with law enforcement; • Specifies that sales would be taxed and remitted appropriately; Important Dates: • June 24, 2010. Termination of the current moratorium in the Town on the issuance of any Town business license or building permit or other approvals related to the operation of medical marijuana dispensaries and/or medical marijuana facilities. • July 1, 2010. Statewide moratorium on the operation of any medical marijuana facility unless the business is an established, locally-approved-business-for the cultivation, manufacture or sale of medical marijuana or medical marijuana- infused products. 4 At the present time, there are no known medical marijuana facilities which would qualify for this right to continue operation in the Town. • July 1, 2011. The date for the State and local licensing process to be in effect. • July 1, 2010. The date after which the Town may adopt a resolution or ordinance licensing, regulating or prohibiting the cultivation or sale of medical marijuana. If cultivation or sale of medical marijuana is prohibited in the Town, patients and primary caregivers would still be governed by the provisions of Amendment 20. Page 4
• After July 1, 2011. All businesses for the cultivation, manufacture or sale of medical marijuana shall be subject to the terms and conditions of the bill and be licensed. Options Available To The Town: • Do nothing. This would allow the moratorium to terminate and raises the possibility of a medical marijuana facility being established in the Town between June 24, 2010 and July 1, 2010 by opening a facility and applying for a Town business license. • Extend the moratorium to at least July 1, 2010, or until June 30, 2011. Extension of the moratorium past July 1, 2010 would close the window for any person to establish a medical marijuana facility in the Town. Extension of the moratorium until June 30, 2011 would allow the Town Board to determine whether or not to establish a licensing authority or prohibit medical marijuana facilities either by Town Board action or vote. Page 5
; k Communications Town of Estes Park MayodTrustees/Staff/Public Study Session Trustee Mark Elrod May 25, 2010 1. How do any of us (Mayor/Trustees) know if communications we receive (be it electronic or hard copy) have been received by all, some, or no others? 2. With communications which have been received by all of us (Mayor/Trustees) who will determine what type of acknowledgement will be sent? Do we agree that all communications should be acknowledged as to receipt? Who will determine what type of reply will be crafted? Who is responsible for crafting a common reply? Who is responsible for signing such reply? 3. On communications which are sent to only one of us (Mayor/Trustees) how should we determine whether it should be shared with others? Should individual communications that are given to staff for reply be shared with all of us? Should individual communications that are give to staff for research be shared with all of us? 4. Are communications marked "Personal and Confidential" really that when addressed to a public official? What duty is there of a recipient to advise the sender of the public nature of the communications? Is there a duty to share such communications with others? 5. Recently (May 12, 2010) the Mayor unilaterally communicated the Town's support of the draft of the National Forrest Insect and Disease Emergency Act of 2009 to Senator Mark Udall. The Mayor has stated ... "As mayor, I'm occasionally called upon to represent the town by on state or national issues by letter or testimony. Sometimes on very short notice." When is it appropriate for a Mayor to unilaterally articulate a position of the Town on matters which in fact have not been benefited by consensus discussions with the Town Trustees? 6. I understand that various Trustees have preferences with how replies to public issues be handled. Some prefer that staff address a raised public issue. Some preferthat staff research the public issue and provide the Trustee with information for the Trustee to communicate back to the public themselves. Would there be any benefit for being consistent in the method by which such replies are in fact handled? 7. Communications to/with the Town Attorney by the Mayor/Trustees and the dollar cost impact of such should be examined. It currently appears fairly open for the Mayor/Trustees to contact the Town Attorney without much need for a gate-keeper. For purposes of understanding billings should the Town Attorney "itemize" the charges with who initiated the contact and the nature of the contact? I am sensitive to attorney-client privilege but if it is legal advice to a public official about public business, public issues, statutory or regulatory interpretations, then it would seem to beg fortransparency. 8. Communications to/with the Town Attorney by "staff" and the dollar cost impact of such should be examined. Is there value to having a procedure established for contactingthe Town Attorney? Is there value to having a gate-keeper for inquires to the Town Attorney by staff? Is there a way to monitor the appropriateness of contact of the Town Attorney by staff? Is there a way to limit the "1'm just curious" kind of question? Is there a way to more
. A .. specifically frame questions to the Town Attorney by staff so that the time expended is reasonably related to the issue being addressed? 9. PIO. Having had the experience of having a PIO now for over a year, I am wondering *Rether we should discuss the PIO duties? This is not about the individual, but the position itself. Is the position of PIO functioning as we envisioned? Could the PIO be more effective and how? 10. When is it appropriate, if at all, forthe PIO to be more pro-active in addressing issues that may be raised in a public venue other than a Town Meeting or Mayor's Coffee Chat? (Newspaper articles, radio/TV broadcasts/Letters to the Editor, etc.) 11. Seriously consider the technology to have all Trustees with an official estes.org e-mail address. The CML was suggesting this for a host of reasons. Realizing there are issues with using the estes.org method the primary one is official business is on the estes.org server, record retention and removal could be uniformly controlled, some customization could be necessary for individual needs and preferences. 12. Communications in developing the Agendas forthe study sessions and Board Meetings should be discussed. Who is responsible for establishing the items appearing on Agendas? As was mentioned at our last study session perhaps there was too much to discuss at one time. How do we communicate to one anoth?r in Agenda development those kinds of matters? On Board Meeting Agendas who is responsible for adding items under "Action Items"? We are all provided drafts of Agendas, but what is it that is the desired result in the review of the drafts and how do we communicate it back tothe others on the Board? In presenting items as Action Items I never really thought about it and should have. For example who added "Bond Park Master Plan Design Engineering Phases I & 11" to the draft Agenda forthis coming Board meeting? I would be interested in knowing which Board member or staff asked for it to be added in case further clarification becomes necessary. I also think it important communication to advise the Board at the draft review stage what action is anticipated (for example on Bond Park ... approval of the phases?, modifications of the phases?, discussion of the phases?, funding of the phases?, gathering further public comment?). Then how should communications about that.item.on.the draft-Agenda-be addressed by-individual-Board -members-iftliFy-had concern with that item being on this Agenda, or the action anticipated on that item? I do not believe that because it becomes clear when we receive our study session or Board packets what the Agendas really mean is at all helpful at the creation of Agendas and reviewing the drafts of Agendas if the Board is to have any authorship responsibility forthem.