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Home My WebLink AboutPACKET Town Board Study Session 2015-03-24 Tuesday, March 24, 2015 TOWN BOARD 4:30 p.m. – 6:30 p.m. STUDY SESSION Rooms 202/203 4:30 p.m. Trustee Comments & Questions. 4:40 p.m. Future Study Session Agenda Items. (Board Discussion) 4:50 p.m. Urban Land Institute Report. (Administrator Lancaster) 5:15 p.m. Dinner Served. 5:30 p.m. Community Service Grants. (Board Discussion) 6:00 p.m. Pride Awards. (Board Discussion) 6:15 p.m. Amending Policy Governance 1.4, 1.6 & Policy 101. (Administrator Lancaster) 6:30 p.m. Meeting Adjourn to Attend CIA Graduation in Foyer. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:15 p.m.” AGENDA April 14, 2015  How to Add an Executive Session to the Town Board Agenda  Possibility of Joining RTD  Discussion of 5 Year Plans for Infrastructure Projects April 28, 2015  Discussion of Town Owned Fish Hatchery Property  FEMA Community Rating System (Request for Approval to Engage Public in Discussions About Joining CRS Program) Items Approved – Unscheduled: (Items are not in order of priority)  International Property Maintenance Code (Dangerous Buildings Code) and Adoption of New International Building Code Draft Reviews  Town of Estes Park Financial Policies  Wildlife Ordinance – Follow Up  Sign Code Revisions – Follow Up  Local Preference Purchasing Policy  Downtown Development Authority  Discussion of How to Better Involve and Reach Out to the Hispanic Members of the Community Study Sessions Items for Board Consideration:  Rezoning Actions – Procedures for Notifications Future Town Board Study Session Agenda Items March 24, 2015 TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: March 24th, 2015 RE: Urban Land Institute Flood Resiliency Report and Recommendations Objective: Brief the Board on the Urban Land Institute Flood Resiliency Report and Recommendations and on subsequent follow up efforts. (Full copy of the ULI report is available on the Town Website under Hot Topics) Present Situation: Following the September 2013 Flood, the Northern Colorado Community Foundation arranged for the Urban Land Institute (ULI) to provide an advisory panel to the region on the topic of community resiliency and recovery following emergencies and disasters. ULI provides leadership worldwide in land use issues, and uses its membership of experts to provide an advisory panel program. An advisory panel is generally a weeklong convocation of ULI experts from around the country (or world) focusing their skills on a specific local or regional issue. The Northern Colorado Advisory Panel was supported by a grant from the Kresge Foundation, as well as significant financial support from the Northern Colorado Community Foundation, and contributions from three participating communities: Loveland, Fort Collins, and Estes Park. The Panel interviewed community representatives, conducted additional research and analysis, and presented their conclusions in a public presentation on June 27, 2014. The focus of the panel was on long-term recovery and community resiliency after an event, and specifically and deliberately NOT on initial emergency response. The panel’s findings and recommendations represent a glimpse into the region from external observers and experts, and furnish a different perspective than what we might have locally. Because of the emphasis on the ability of the communities to recover in the long term, the panel’s report ranges wide over topics like affordable housing, regional economic development, and financial tools. Although these topics may not immediately come to mind when discussing recovery from disasters, the view of the panel was that a community which is vigorous and healthy to begin with is much more effective at rebounding from emergency events. That perspective is reflected in the scope of the panel report and may furnish interesting background for many different kinds of policy discussions. Next steps: Staff of all three partner communities will be discussing the recommendations and any follow up efforts. Our next meeting is April 2nd. Proposal: This session is informational only and no Board direction is requested. Advantages: n/a Disadvantages: n/a Action Recommended: This session is informational only and no Board direction is requested. Budget: n/a Level of Public Interest: Moderate . Summary of ULI Recommendations 1. Building Resilience a. Regional vision and coordination on river land use, infrastructure, and housing b. Aggressive floodplain management c. Designing with nature, not against it d. Resilient water infrastructure e. Use of engineered and natural systems 2. Financing Resilience a. Reclamation of the floodplain b. Formalized emergency assistance structures c. Infrastructure finance d. Integrated economic development strategy e. Small business preparation and planning 3. Leading Resilience a. Regional resilience working group b. Annual resilience summit c. Hardened and created redundancies in regional communications infrastructure d. Education and engagement of the public. Community Services Funding Requests 2015ARTS & EDUCATION 101-1900.419-91-20 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req Recommended FundedOrganization ProgramOratorio Society of Estes Park Oratorio Society & Chamber Orchestra Concerts$1,000 $700 $850 $500 $700 $500 $1,000 $850.00 $850.00Art Center of Estes Park Youth Education Program $974 $500 $2,500 $500 $2,500 $500 $1,250 $500.00 $500.00Life Rythms Music Therapy Music Therapy $2,200 $1,000 $0 $0 $0 $0 $0 $0.00Estes Park Village Band & Jazz Band Community Concert Series $1,000 $900 $1,000 $1,000 $1,000 $500 $1,000 $500.00 $500.00Muriel MacGregor Charitable Trust Museum Accessibility - MacGregor Ranch $10,000 $0 $0 $0 $0 $0 $1,320 $0.00Estes Valley Historical Preservation Foundation Heritage Festival & Public Information Booth $2,000 $1,000 $2,000 $1,000 $2,000 $1,000$2,000 $1,000.00 $1,000.00Cultural Arts Council of Estes Park Art Reach Community 2015 $750 $500 $800 $500 $1,000 $500 $1,000 $500.00 $500.00Estes Land Stewardship Assoc. Unwanted Weeds Booklet $400 $400 $500 $250 $0 $0 $0 $0.00Estes Park Repertoire Theater Company, Inc. Live Play Productions $1,000 $700 $1,000 $700 $1,000 $500 $750 $500.00 $500.00Chamber Music Society of Estes Park Takacs Quartet performance $900 $900 $1,000 $700 $0 $0 $0 $0.00EALA Centennial Geocache Adventure $0 $0 $0 $0 $0 $0 $5,000 $0.00Estes Valley Library Foundation Little Free Libraries of the Estes Valley $0 $0 $8,000 $4,000 $5,000 $2,000 $5,000 $0.00The Estes Valley Community Garden, Inc. Estes Valley Community Garden $0 $0 $0 $0 $0 $0 $5,000 $1,000.00 $1,000.00Estes Park Woman's Club Estes Park School Choir Accompanist $0 $0 $0 $0 $0 $0 $10,000 $0.00Dance 2 Live Bboy/Bgirl Summer Boot Camp $0 $0 $0 $0 $20,000 $0 $0 $0.00Preliminary Totals $20,224$6,600 $17,650 $9,150 $33,200 $5,500 $33,320 $4,850.00 $4,850.00HUMAN SERVICES 101-1900-419.91-38Organization Program 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedEstes Park Salud Foundation Estes Park Salud Health Center $20,000 $19,000 $23,000 $20,000 $23,000 $20,000 $21,000 $20,000.00 $20,000.00Audio Information Network of Colorado Audio Information Service for Estes Park & Este$500 $500 $500 $250 $500 $250 $500 $250.00 $250.00Estes Park Nonprofit Resource Center A Local Nonprofit Resource Center $10,000 $2,500 $10,000 $5,000 $10,000 $5,000 $20,000 $5,000.00 $5,000.00Crossroads Ministry of Estes Park Basic Human Services $18,850 $18,000 $18,000 $20,000 $20,000 $20,000 $20,000 $20,000.00 $20,000.00Estes Valley Victim Advocates, Inc. My Sister's Place Safehouse $9,600 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000.00 $5,000.00Estes Park Gun & Archery Club Indoor Range Restroom Facility $1,760 $1,800 $2,020 $0 $1,005 $0 $800 $800.00 $800.00Healing Waters Foundation Helping Hand $0 $0 $1,850 $0 $0 $0 $1,400 $0.00Food Bank for Larimer County Estes Park Summer Kids Café $0 $0 $0 $0 $0 $0 $5,000 $1,000.00 $1,000.00Touchstone Health PartnersMental Health & Subs.Abuse Safety Net $0 $0 $0 $0 $10,000 $0 $0 $0.00Preliminary Totals $60,710 $46,800 $60,370 $50,250 $69,505$50,250 $73,700 $52,050.00 $52,050.00TRANSPORTATION 101-1900-419.91-25Organization Program 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedSpecial Transit now "Via Mobility Services" Specialized Transportation Services $27,300 $27,300 $28,940 $28,500 $30,000 $28,500 $30,000$30,000.00 $30,000.00Preliminary Totals $27,300 $27,300 $28,940 $28,500 $30,000 $28,500 $30,000 $30,000.00 $30,000.00HOUSING 101-1900-419.91-28Organization Housing 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedHabitat for Humanity of Estes Valley, Inc. Affordable Workforce Housing $5,000 $5,000 $10,000 $5,000 $0 $0 $0 $0.00Preliminary Totals $5,000 $5,000 $10,000 $5,000 $0 $0 $0 $0.00YOUTH 101-1900-419.91-33Organization Program 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedLifelong Learning of Estes Park Interdenominational preschool $5,546 $0 $5,000 $0 $0 $0 $0 $0.00Boys & Girls Clubs of Larimer County Estes Park Summer Program $0 $0 $0 $0 $0 $0 $20,000 $5,000.00 $5,000.00Larimer County Partners, Inc. Partners Mentoring Youth $0 $0 $0 $0 $0 $0 $5,000 $0.00Estes Valley Investment In Child Success Childcare Resource & Support $32,000 $30,000 $35,000 $30,000 $35,000 $28,500 $34,000 $25,000.00$25,000.00Caring Pregnancy Center of Estes Valley Hope House $50,000 $0 $0 $0 $0 $0 $0 $0.00Estes Park Learning Place 2015 Scholarship Fund $2,500 $2,000 $3,000 $3,000 $6,000 $3,000 $4,000 $3,000.00 $3,000.00Preliminary Totals $90,046 $32,000 $43,000 $33,000 $41,000 $31,500 $63,000 $33,000.00 $33,000.00SISTER CITY PROGRAM 101-1900-419.91-39Organization Program 2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedEstes Park Sister City Program Youth Educational Exchange $9,000 $8,390 $8,500 $3,500 $4,500 $2,000 $2,000 $2,000.00 $2,000.00Preliminary Totals $9,000 $8,390 $8,500 $3,500 $4,500 $2,000 $2,000 $2,000.00 $2,000.002012 Req 2012 Funding 2013 Req 2013 Funding 2014 Req 2014 Funding 2015 Req Recommended FundedSUBTOTAL$212,280 $126,090 $168,460 $129,400 $176,095$117,750 $202,020 $121,900 $121,900Commitments2012 Req 2012 Funded 2013 Req 2013 Funded 2014 Req 2014 Funded 2015 Req RecommendedFood Tax Refund$15,000 $15,000 $12,800 $12,800 $15,000 $15,000 $11,000.00 $11,000.00Preliminary Totals $15,000 $15,000 $12,800 $12,800 $15,000 $15,000 $0 $11,000 $11,000GRAND TOTALS $227,280 $141,090 $181,260 $142,200 $181,260 $132,750 $202,020 $132,900.00$132,900.00TOWN PROGRAMS Estes Park Pride Awards The Estes Park Pride Awards allow the Town of Estes Park to recognize outstanding citizens for their effort and time spent giving back to the community. Anyone in the Estes Park area may nominate or be nominated for an Estes Park Pride Award; residency within the town limits is not required. The awards honor community members in the categories of Volunteer of the Year, Volunteer Group of the Year, Business Person of the Year, and Teacher of the Year. In addition, the Estes Park High School (EPHS) Student Pride Scholarship recognizes a graduating senior who puts forth exceptional effort as a volunteer or participant in community service projects. Volunteer of the Year: This award recognizes the volunteer who has done something ‘remarkable’ for the community during the past year, although long-term community volunteerism may also be considered during the selection process. Elements considered are: number of citizens affected, scope of personal involvement, number of hours dedicated, and uniqueness of the volunteer’s effort. Nominations may come from anyone within the Estes Park area. Should the evaluation team identify more than one recipient, multiple awards may be granted. Volunteer Group of the Year: This award recognizes the volunteer group which has made a ‘remarkable’ impact on the community during the past year, although long-term community volunteerism may also be considered during the selection process. Elements considered are: number of citizens affected, scope of involvement, number of hours dedicated, and uniqueness of the group’s effort. Nominations may come from anyone within the Estes Park area. Nominees for this category include groups of three or more individuals. Business Person of the Year: This award recognizes the business person who has done something ‘remarkable’ for the community during the past year and, if applicable, past years. Nominations may come from any person, business, or organization within the Estes Park area. Elements considered are: number of citizens affected, scope of personal involvement, number of hours dedicated, and uniqueness of the business person’s effort. Teacher of the Year: The Town would like to recognize the exceptional efforts of Estes Park area teachers. The selection criteria will center on ‘outside the classroom’ service to the community. Elements considered are: number of citizens affected, scope of personal involvement, number of hours dedicated, and uniqueness of the teacher’s effort. Anyone in the Estes Park area may make a nomination. Estes Park High School Student Pride Scholarship: The student chosen as the recipient of this scholarship must have a cumulative GPA of 2.0 or higher and demonstrate outstanding service to the Estes Park community. Elements considered are: number of citizens affected, scope of personal involvement, number of hours dedicated, and uniqueness of the student’s effort. This scholarship will be included on the high school’s local scholarship application and will require the student to provide a comprehensive account of his/her community service and volunteer efforts. TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: March 24th, 2015 RE: Amending Policy Governance 1.4, 1.6 & Policy 101 Objective: Clarify the procedure and policies surrounding Trustees serving on outside committees, either as official representatives of the Board or as individual board members. Present Situation: Over the past year the Board has had several discussions about the role of individual board members on outside committees and when or if an individual Board member can represent the Board of Trustees with outside groups. The Board discussed this at length at the study session on December 9th of last year. Proposal: The attached proposed changes to the Board Policy Governance policies and to Town Policy 101 reflect the outcome of those discussions in December. (This is coming to the Board at this time due to scheduling priorities early this year.) Advantages:  Consistency of how appointments and the role of trustees on outside groups when performing in their official capacity will help to avoid misunderstandings between trustees and with the public. Disadvantages:  Formal limitations set by the board may limit the activities of individual trustees. Action Recommended: Consider the proposed amendments to Policy Governance 1.4, 1.6 and Policy 101. Budget: n/a Level of Public Interest: Moderate Sample Motion: I move for the adoption of Policy Governance Policies 1.4 and 1.6 and Town Policy 101 as amended. 1 Governing Policies of the Town of Estes Park Board of Trustees 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”. 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 collectivily 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. 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANUAL 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 Board Members' Code of Conduct 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 5 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVERNANCE COMMITMENT 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 theTown 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 6 discussion and information on the specific areas assigned to the Committee. 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. 7 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 POLICY TITLE: GOVERNING STYLE 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: 3) 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. 4) Individual Board members’ thorough preparation for meetings and regular attendance. 5) 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. 6) The Board of Trustees will direct, control and motivate 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. 7) 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. 1.1.5. 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 this role or hinder this commitment. 8 1.1.6. 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. 1.1.7. 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. 1.1.8 All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. 1.1.9 Agree not to hold grudges or bring disagreements from past actions into future decisions. 1.1.10 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. 1.1.11 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. 9 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATING PRINCIPLES 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. 1.2.1 FAIRNESS: We are committed to fairness in our day to day activities. To ensure an atmosphere of fairness, we agree to the following principles: A. We will listen to all sides of an issue. B. We will be fair with each other. C. Citizens will have opportunity to access the Board of Trustees, with the exception of any contact that may be considered ex-parte communication associated with a quasi-judicial decisions. D. We have an obligation to listen to each other, citizens and staff with the understanding that an obligation to listen does not necessarily equate to an obligation to agree or to act as requested. E. We will treat each other as equals. 1.2.2 RESPONSIBILITIES AS ELECTED OFFICIALS: We understand and agree that we have certain responsibilities to the public and community beyond those simply articulated in law. A. We believe we are each responsible for our own actions as Trustees. We will take responsibility for our own actions. B. We agree to address issues and respond to each others requests in a timely and open manner. C. We will give equal weight to rights and responsibilities when making decisions. D. When giving staff responsibility we will grant the appropriate authority to carry out that responsibility. E. We have a fiduciary responsibility to uphold the Constitutions of the United States and the State of Colorado, and all laws and regulations of the United States, the State of Colorado and the Town of Estes Park. 1.2.3. RESPECT: Citizens’ trust in government is critically important. The key to building and maintaining this trust is placing a high value on respecting each other and those we work with and serve as public officials. A. We agree to take others' concerns seriously. B. We agree to accept and respect each other's individuality, supporting each other by capitalizing on our individual strengths, working together, as a team, utilizing each others' expertise, to accomplish our goals and the goals of the Town of Estes Park. C. We believe that information flow within the organization is important and 10 that all affected parties should have all of the information that is important to them, whenever possible. D. We agree to respect each other's feelings and ideas and to treat everyone with respect. E. We will make every effort to not just listen but to understand the point from others' perspective. F. We understand that respect comes in many forms and we will make every effort to show respect for others both in our verbal and non-verbal actions. G. We treat those providing input at Town meetings with respect. 1.2.4. HONESTY AND INTEGRITY AND TRUST: As elected officials we will hold ourselves to a high standard of honesty and integrity in the community. A. We will deal with each other honestly. B. We are committed to high standards of ethics in our dealings with each other, employees, and citizens. C. If an interpersonal conflict or problem develops, we will work with the people involved only and strive to settle the conflict or problem in a constructive basis. D. We treat our office as a public trust. The Town’s resources and powers are to be used for the benefit of the public. . E. We refrain from decisions in which our financial or personal interests are specifically affected by a decision and shall adhere to applicable Colorado Law governing conflict of interest. F. We do not accept personal gifts except as specifically allowed by Colorado Law. G. We respect and adhere to our oath of office H. We will abide by Article 29 of the Constitution of the State of Colorado regarding ethical behavior. 1.2.5. COMMUNICATION: We believe that to be effective as elected officials, we must communicate clearly and completely at all times. A. We believe in full disclosure and “no surprises” in our internal operations and in working together as a Board. We will strive for open and candid communication among citizens, staff and each other. B. We are committed to providing our citizens with relevant, accurate and timely information about the Town goals, services, fiscal programs, services provided, and the decisions that will affect the public. C. We believe it is important to keep each other informed of our activities and of issues facing us as a Board of Trustees. 1.2.6 ACCOUNTABILITY: A. We will exercise our authority with open meetings and access to public records. B. We will hold executive sessions only for reasons allowed by Colorado Revised Statutes. C. We are positive advocates for the Town and are accessible to the citizens of Estes Park. 11 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTION 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 government 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: 12 A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task 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. 13 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. 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. 14 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR’S RESPONSIBILITY 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: 15 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). 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. 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, public safety, public works and utilities.” (EP Municipal Code 2.08.010) 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, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the full 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) Revised 3‐24‐2015 Deleted: The Mayor may appoint other trustees to serve on temporary committees, community groups, and interview panels or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall inform the entire board of any special assignments and will make every effort to distribute special assignments equitably among the members of the Board.¶ Deleted: draft 12‐31‐14 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 Rev 11/11/14 POLICY TITLE: BOARD MEMBERS’ CODE OF CONDUCT The Board of Trustees shall operate in an ethical and businesslike manner. As leaders of our community, it is important that the members of the Town Board hold themselves to the highest standard of conduct, setting an example for other Town officials and Town employees, and ensuring that the public has confidence in the integrity of its government and Town Officials. Adherence to these standards will protect and maintain the Town of Estes Park’s reputation and integrity. . 1.5.1 CONDUCT WITH ONE ANOTHER A. The Board of Trustees is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Embracing this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Trustees may "agree to disagree" on contentious issues. We will conduct business in a manner consistent with this code of conduct and as outlined in the operating principles of the board (Policy 1.2.) 1.5.2 IN PUBLIC MEETINGS A. Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not, however, allow Trustees to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Trustees should conduct themselves in a professional manner at all times. B. Demonstrate effective problem-solving approaches. Effective governance allows individuals with disparate points of view to find common ground and seek a compromise that benefits the community as a whole, whenever possible. 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. C. Be punctual and keep comments relative to topics discussed. Trustees have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Trustees be punctual and that meetings start on time. Be respectful of other people’s time. Prepare for meetings in advance, and be familiar with issues on the agenda. Stay focused and act efficiently during public meetings. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss scheduled issues. D. Avoid expressing opinions during Public Hearings. Trustees should not express 17 opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Trustees are not appropriate until after the close of the public hearing. Trustees should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. E. Respect the role of the Mayor or Committee Chairpersons in maintaining order. It is the responsibility of the Mayor to keep the comments of Trustees on track during public meetings. Trustees should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason. 1.5.3 IN PRIVATE COMUNNICATIONS A. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. B. Be aware of the public nature of written notes, voicemail messages, and e-mail. Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as "public" communication and are subject to disclosure pursuant to the Colorado Open Meetings Act. C. Even private conversations can have a public presence. Elected officials are always on display. People around them that they may not know monitor their actions, mannerisms, and language. Lunch table conversations will be overheard, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. 1.5.4 TRUSTEE CONDUCT WITH TOWN STAFF A. Board prioritization of Staff projects. It is the responsibility of the Town Board as a whole and not individual Trustees to identify and prioritize projects for the Town Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization of projects identified by the Board. It is the responsibility of the Town Administrator to communicate and direct the prioritization of Town activities with the staff. B. Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. C. Limit contact with specific Town staff. Questions of Town staff and/or requests for additional background information may be addressed directly with the appropriate town staff member, however individual trustees should not direct staff to take any specific action or direct them to produce any work product. The Town Administrator should be copied on 18 or informed of any request. Requests for follow-up or directions to staff should be made only through the Town Administrator or the Mayor when appropriate. When in doubt about what staff contact is appropriate, Trustees should ask the Town Administrator or Mayor for direction. Materials supplied to Trustees in response to a request may be made available to all Trustees, so that all have equal access to information. D. Do not disrupt Town staff from their jobs. Trustees should not disrupt Town staff while they are in meetings, on the phone, or engrossed in performing their job functions, in order to have their individual needs met. E. Never publicly criticize an individual employee. Trustees should never express concerns about the performance of a Town employee in public, to the employee directly, or to the employee’s supervisor. Comments about staff performance should only be made to the Town Administrator through private correspondence or conversation. F. Do not get involved in administrative functions. Trustees must not attempt to influence Town staff on making appointments, selecting consultants, processing of development applications, or granting of Town licenses and permits unless the Trustee has been invited to participate in the process. G. Check with Town staff on correspondence before taking action. Before sending correspondence, Trustees should check with Town staff to see if an official Town response has already been sent or is in progress. When responding to correspondence always clarify if the opinion expressed is your personal opinion or position, or if it is the official position as adopted by the Board of Trustees. H. Requests for staff support, should be made to the Town Administrator, who is responsible for allocating Town resources in order to maintain a professional, well-run Town government. The office of the Town Clerk, in the Administrative Services Department provides routine clerical and support services for the Board. Routine requests for items such as meeting registrations, benefits, reimbursements, scheduling questions can be addressed directly to the Town Clerk. I. Do not solicit political support from staff. Trustees should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from Town staff. Town staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. J. Evaluation of Staff - Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5 TRUSTEES CONDUCT WITH THE PUBLIC A. IN PUBLIC MEETINGS - Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Trustees toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. 19 a. Be welcoming to speakers and treat them with care and gentleness. Speaking in front of the Board can be a difficult experience for some people. Some issues the Board undertakes may affect people’s daily lives and homes. Some decisions are emotional. The way that the Trustees treat people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. b. Be fair and equitable in allocating public hearing time to individual speakers. The Mayor may determine and announce limits on speakers at the start of the public hearing process. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Board requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. c. Active listening. It is disconcerting to speakers to have Trustees not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. d. Ask for clarification, but avoid debate and argument with the public. Only the Mayor – not individual Trustees -- can interrupt a speaker during a presentation. However, a Trustee can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Trustee finds disturbing. If speakers become flustered or defensive by Trustees questions, it is the responsibility of the Mayor or Committee Chairperson to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Trustees to members of the public testifying should seek to clarify or expand information. It is never appropriate to challenge or belittle the speaker. Trustees’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. e. No personal attacks of any kind, under any circumstance. Trustees should be aware that their body language and tone of voice, as well as the words they use, could appear to be intimidating or aggressive. B. IN UNOFFICAL SETTINGS a. Make no promises on behalf of the Board. Individual Board members can represent the Board on Town matters only when delegated those responsibilities by the Board Trustees will frequently be asked to explain a Board action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of Town policy and to refer to Town staff for further information. It is inappropriate to overtly or implicitly promise Board action, or to promise that Town staff will do something specific (fix a pothole, waive a fee, plant new flowers in the median, etc.). 20 b. Make no personal comments about other Trustees. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Trustees, their opinions and actions. c. Remember that Estes Park is a small community at heart. The community is constantly observing Trustees every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the Town of Estes Park. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Trustees, 24 hours a day, seven days a week. It is a serious and continuous responsibility. 1.5.6 BOARD CONDUCT WITH OTHER PUBLIC AGENCIES A. Be clear about representing the Town or personal interests. If a Trustee appears before another governmental agency or organization to give a statement on an issue, the Trustee must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the Town; 2) whether this is the majority or minority opinion of the Board. Even if the Trustee is representing his or her own personal opinions, remember that this still may reflect upon the Town as an organization. If a Trustee serves in a decision making capacity for another organization and a matter which the Town has taken an official position is discussed by the organization, the Trustee should not maintain a position that significantly impacts or is detrimental to the Town’s official position. In the event the Town has not taken an official position with regard to a matter, and in the Trustee’s judgment, the Trustee believes that the Town would take a position substantially different than that proposed to be taken by the organization, the Trustee should consult with the Mayor regarding the Town’s possible position. B. Correspondence expressing official Town positions. All official Town correspondence shall be signed by the Mayor or Mayor Pro Tem unless a specific Trustee is authorized by the Town Board to individually respond to a matter and express the Town’s official position. A copy of official correspondence should be given to the Town Clerk to be filed as part of the permanent public record. C. Trustee correspondence concerning town matters: Trustees may correspond with individuals or organizations on any matter involving the Town. In the event that the Trustee’s personal correspondence expresses a personal opinion that differs from the Town’s official position, the Trustee should make clear that the Trustee’s personal opinion differs from the Town’s official position. 1.5.7 TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS The Town has established several Boards and Commissions as a means of increasing community involvement in government and to serve as advisors to the Town Board. They are a valuable resource to the Town’s leadership and should be treated with appreciation and respect. A. If attending a Board or Commission meeting, be careful to only express personal opinions unless you are authorized to represent the Town Board. Trustees may attend any Board or Commission meeting open to the public, but should be sensitive to the way 21 their participation – especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Trustee at a Board or Commission meeting should be clearly indicate if it is an individual opinion or a representation of the official opinion of the Town Board. B. Be respectful of diverse opinions. A primary role of the Board or Commission is to provide advice and make decisions based on a full spectrum of concerns and perspectives. Trustees must be fair and respectful of all citizens serving on Boards and Commissions. C. Inappropriate behavior. Inappropriate behavior by a Trustee should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Town Board. 1.5.8 CONDUCT WITH THE MEDIA Trustees may be contacted by the media for background information and quotes. All media contacts should be referred to the PIO. A. The Mayor is the official spokesperson for the Town Board of Trustees. The Mayor is the designated representative of the Board of Trustees to present and speak on the official Town position. If the media contacts an individual Trustee, the Trustee should be clear about whether her/his comments represent the official Town position or a personal viewpoint. B. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. C. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 1.5.9 CONFLICT OF INTEREST A. Section 31-4-404 (2) C.R.S. “Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from the attempt to influence the decisions of the other members of the governing body in voting on the matter.” B. Disclosure: A Trustee having a conflict of interest in any matter before the Town Board shall disclose the interest to the Town Board. The Trustee shall not vote or otherwise take any formal action or discussion concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member of the Board of Trustees either in public or private discussion of the matter. C. Exception: A member of the Board of Trustees may vote notwithstanding a conflict of interest if the Trustee’s participation is necessary to obtain a quorum or otherwise enable 22 the Board to act if the Trustee complies with the volunteer disclosure provisions of Section 24-18-110 C.R.S. D. Appearance of Impropriety: A Trustee should consider, but is not required to, excuse themselves from those matters which due to the specific circumstances concerning the matter may appear to members of the public to be a potential conflict of interest thus avoiding the appearance of impropriety. 1.5.10 SANCTIONS A. Inappropriate Staff Behavior. Trustees should refer to the Town Administrator any Town staff that does not follow proper conduct in their dealings with Trustees, other Town staff, or the public. These employees may be disciplined in accordance with standard Town procedures for such actions. B. Trustees Behavior and Conduct. Trustees who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Town Board. Serious infractions of the Code of Conduct may lead to other sanctions as deemed appropriate by the Town Board. It all comes down to respect Respect for one another as individuals. . . Respect for the validity of different opinions. . . Respect for the democratic process. . . Respect for the community that we serve. 23 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD COMMITTEE PRINCIPLES 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). Deleted: APPOINTED Deleted: serving the Town of Estes Park Deleted: This policy applies only to committees Deleted: ¶ 24 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 a majority of 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, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the full 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 or take a leadership position in 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. Deleted: – 25 1.6.2.2 - Individual Representation a) Individual trustees have the right to participate as an individual in any outside group or committee. 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) The trustee seeking to so serve or being requested to do so, shall first so advise the Board of Trustees, both as a matter of transparency and courtesy. d) 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. Revised 3‐24‐2015 Deleted: draft 12‐31‐14 26 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES The Board of Trustees may appoint an individual Trustee to 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 - Any Trustee serving as a liaison to any group, either internal or external, shall be appointed by the Town 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. 27 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 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. 1.8.2. 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. 28 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 29 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. ‐ 1 Governing Policies of the Town of Estes Park Board of Trustees 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”. 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 collectivily 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. 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANUAL 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 Board Members' Code of Conduct 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 5 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVERNANCE COMMITMENT 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 theTown 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 6 discussion and information on the specific areas assigned to the Committee. 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. 7 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 POLICY TITLE: GOVERNING STYLE 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: 3) 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. 4) Individual Board members’ thorough preparation for meetings and regular attendance. 5) 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. 6) The Board of Trustees will direct, control and motivate 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. 7) 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. 1.1.5. 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 this role or hinder this commitment. 8 1.1.6. 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. 1.1.7. 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. 1.1.8 All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. 1.1.9 Agree not to hold grudges or bring disagreements from past actions into future decisions. 1.1.10 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. 1.1.11 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. 9 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATING PRINCIPLES 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. 1.2.1 FAIRNESS: We are committed to fairness in our day to day activities. To ensure an atmosphere of fairness, we agree to the following principles: A. We will listen to all sides of an issue. B. We will be fair with each other. C. Citizens will have opportunity to access the Board of Trustees, with the exception of any contact that may be considered ex-parte communication associated with a quasi-judicial decisions. D. We have an obligation to listen to each other, citizens and staff with the understanding that an obligation to listen does not necessarily equate to an obligation to agree or to act as requested. E. We will treat each other as equals. 1.2.2 RESPONSIBILITIES AS ELECTED OFFICIALS: We understand and agree that we have certain responsibilities to the public and community beyond those simply articulated in law. A. We believe we are each responsible for our own actions as Trustees. We will take responsibility for our own actions. B. We agree to address issues and respond to each others requests in a timely and open manner. C. We will give equal weight to rights and responsibilities when making decisions. D. When giving staff responsibility we will grant the appropriate authority to carry out that responsibility. E. We have a fiduciary responsibility to uphold the Constitutions of the United States and the State of Colorado, and all laws and regulations of the United States, the State of Colorado and the Town of Estes Park. 1.2.3. RESPECT: Citizens’ trust in government is critically important. The key to building and maintaining this trust is placing a high value on respecting each other and those we work with and serve as public officials. A. We agree to take others' concerns seriously. B. We agree to accept and respect each other's individuality, supporting each other by capitalizing on our individual strengths, working together, as a team, utilizing each others' expertise, to accomplish our goals and the goals of the Town of Estes Park. C. We believe that information flow within the organization is important and 10 that all affected parties should have all of the information that is important to them, whenever possible. D. We agree to respect each other's feelings and ideas and to treat everyone with respect. E. We will make every effort to not just listen but to understand the point from others' perspective. F. We understand that respect comes in many forms and we will make every effort to show respect for others both in our verbal and non-verbal actions. G. We treat those providing input at Town meetings with respect. 1.2.4. HONESTY AND INTEGRITY AND TRUST: As elected officials we will hold ourselves to a high standard of honesty and integrity in the community. A. We will deal with each other honestly. B. We are committed to high standards of ethics in our dealings with each other, employees, and citizens. C. If an interpersonal conflict or problem develops, we will work with the people involved only and strive to settle the conflict or problem in a constructive basis. D. We treat our office as a public trust. The Town’s resources and powers are to be used for the benefit of the public. . E. We refrain from decisions in which our financial or personal interests are specifically affected by a decision and shall adhere to applicable Colorado Law governing conflict of interest. F. We do not accept personal gifts except as specifically allowed by Colorado Law. G. We respect and adhere to our oath of office H. We will abide by Article 29 of the Constitution of the State of Colorado regarding ethical behavior. 1.2.5. COMMUNICATION: We believe that to be effective as elected officials, we must communicate clearly and completely at all times. A. We believe in full disclosure and “no surprises” in our internal operations and in working together as a Board. We will strive for open and candid communication among citizens, staff and each other. B. We are committed to providing our citizens with relevant, accurate and timely information about the Town goals, services, fiscal programs, services provided, and the decisions that will affect the public. C. We believe it is important to keep each other informed of our activities and of issues facing us as a Board of Trustees. 1.2.6 ACCOUNTABILITY: A. We will exercise our authority with open meetings and access to public records. B. We will hold executive sessions only for reasons allowed by Colorado Revised Statutes. C. We are positive advocates for the Town and are accessible to the citizens of Estes Park. 11 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTION 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 government 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: 12 A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task 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. 13 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. 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. 14 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR’S RESPONSIBILITY 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: 15 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). 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. 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, public safety, public works and utilities.” (EP Municipal Code 2.08.010) 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, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the full 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) Revised 3‐24‐2015 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 Rev 11/11/14 POLICY TITLE: BOARD MEMBERS’ CODE OF CONDUCT The Board of Trustees shall operate in an ethical and businesslike manner. As leaders of our community, it is important that the members of the Town Board hold themselves to the highest standard of conduct, setting an example for other Town officials and Town employees, and ensuring that the public has confidence in the integrity of its government and Town Officials. Adherence to these standards will protect and maintain the Town of Estes Park’s reputation and integrity. . 1.5.1 CONDUCT WITH ONE ANOTHER A. The Board of Trustees is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Embracing this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even as Trustees may "agree to disagree" on contentious issues. We will conduct business in a manner consistent with this code of conduct and as outlined in the operating principles of the board (Policy 1.2.) 1.5.2 IN PUBLIC MEETINGS A. Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not, however, allow Trustees to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. Trustees should conduct themselves in a professional manner at all times. B. Demonstrate effective problem-solving approaches. Effective governance allows individuals with disparate points of view to find common ground and seek a compromise that benefits the community as a whole, whenever possible. 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. C. Be punctual and keep comments relative to topics discussed. Trustees have made a commitment to attend meetings and partake in discussions. Therefore, it is important that Trustees be punctual and that meetings start on time. Be respectful of other people’s time. Prepare for meetings in advance, and be familiar with issues on the agenda. Stay focused and act efficiently during public meetings. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss scheduled issues. D. Avoid expressing opinions during Public Hearings. Trustees should not express 17 opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. "I think" and "I feel" comments by Trustees are not appropriate until after the close of the public hearing. Trustees should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. E. Respect the role of the Mayor or Committee Chairpersons in maintaining order. It is the responsibility of the Mayor to keep the comments of Trustees on track during public meetings. Trustees should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor’s actions, those objections should be voiced politely and with reason. 1.5.3 IN PRIVATE COMUNNICATIONS A. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. B. Be aware of the public nature of written notes, voicemail messages, and e-mail. Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this e-mail message was forwarded to others? Written notes, voicemail messages and e-mail should be treated as "public" communication and are subject to disclosure pursuant to the Colorado Open Meetings Act. C. Even private conversations can have a public presence. Elected officials are always on display. People around them that they may not know monitor their actions, mannerisms, and language. Lunch table conversations will be overheard, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted. 1.5.4 TRUSTEE CONDUCT WITH TOWN STAFF A. Board prioritization of Staff projects. It is the responsibility of the Town Board as a whole and not individual Trustees to identify and prioritize projects for the Town Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization of projects identified by the Board. It is the responsibility of the Town Administrator to communicate and direct the prioritization of Town activities with the staff. B. Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. C. Limit contact with specific Town staff. Questions of Town staff and/or requests for additional background information may be addressed directly with the appropriate town staff member, however individual trustees should not direct staff to take any specific action or direct them to produce any work product. The Town Administrator should be copied on 18 or informed of any request. Requests for follow-up or directions to staff should be made only through the Town Administrator or the Mayor when appropriate. When in doubt about what staff contact is appropriate, Trustees should ask the Town Administrator or Mayor for direction. Materials supplied to Trustees in response to a request may be made available to all Trustees, so that all have equal access to information. D. Do not disrupt Town staff from their jobs. Trustees should not disrupt Town staff while they are in meetings, on the phone, or engrossed in performing their job functions, in order to have their individual needs met. E. Never publicly criticize an individual employee. Trustees should never express concerns about the performance of a Town employee in public, to the employee directly, or to the employee’s supervisor. Comments about staff performance should only be made to the Town Administrator through private correspondence or conversation. F. Do not get involved in administrative functions. Trustees must not attempt to influence Town staff on making appointments, selecting consultants, processing of development applications, or granting of Town licenses and permits unless the Trustee has been invited to participate in the process. G. Check with Town staff on correspondence before taking action. Before sending correspondence, Trustees should check with Town staff to see if an official Town response has already been sent or is in progress. When responding to correspondence always clarify if the opinion expressed is your personal opinion or position, or if it is the official position as adopted by the Board of Trustees. H. Requests for staff support, should be made to the Town Administrator, who is responsible for allocating Town resources in order to maintain a professional, well-run Town government. The office of the Town Clerk, in the Administrative Services Department provides routine clerical and support services for the Board. Routine requests for items such as meeting registrations, benefits, reimbursements, scheduling questions can be addressed directly to the Town Clerk. I. Do not solicit political support from staff. Trustees should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from Town staff. Town staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. J. Evaluation of Staff - Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5 TRUSTEES CONDUCT WITH THE PUBLIC A. IN PUBLIC MEETINGS - Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Trustees toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. 19 a. Be welcoming to speakers and treat them with care and gentleness. Speaking in front of the Board can be a difficult experience for some people. Some issues the Board undertakes may affect people’s daily lives and homes. Some decisions are emotional. The way that the Trustees treat people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. b. Be fair and equitable in allocating public hearing time to individual speakers. The Mayor may determine and announce limits on speakers at the start of the public hearing process. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Board requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Mayor reopens the public hearing for a limited and specific purpose. c. Active listening. It is disconcerting to speakers to have Trustees not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom. d. Ask for clarification, but avoid debate and argument with the public. Only the Mayor – not individual Trustees -- can interrupt a speaker during a presentation. However, a Trustee can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Trustee finds disturbing. If speakers become flustered or defensive by Trustees questions, it is the responsibility of the Mayor or Committee Chairperson to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Trustees to members of the public testifying should seek to clarify or expand information. It is never appropriate to challenge or belittle the speaker. Trustees’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. e. No personal attacks of any kind, under any circumstance. Trustees should be aware that their body language and tone of voice, as well as the words they use, could appear to be intimidating or aggressive. B. IN UNOFFICAL SETTINGS a. Make no promises on behalf of the Board. Individual Board members can represent the Board on Town matters only when delegated those responsibilities by the Board Trustees will frequently be asked to explain a Board action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of Town policy and to refer to Town staff for further information. It is inappropriate to overtly or implicitly promise Board action, or to promise that Town staff will do something specific (fix a pothole, waive a fee, plant new flowers in the median, etc.). 20 b. Make no personal comments about other Trustees. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other Trustees, their opinions and actions. c. Remember that Estes Park is a small community at heart. The community is constantly observing Trustees every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the Town of Estes Park. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Trustees, 24 hours a day, seven days a week. It is a serious and continuous responsibility. 1.5.6 BOARD CONDUCT WITH OTHER PUBLIC AGENCIES A. Be clear about representing the Town or personal interests. If a Trustee appears before another governmental agency or organization to give a statement on an issue, the Trustee must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the Town; 2) whether this is the majority or minority opinion of the Board. Even if the Trustee is representing his or her own personal opinions, remember that this still may reflect upon the Town as an organization. If a Trustee serves in a decision making capacity for another organization and a matter which the Town has taken an official position is discussed by the organization, the Trustee should not maintain a position that significantly impacts or is detrimental to the Town’s official position. In the event the Town has not taken an official position with regard to a matter, and in the Trustee’s judgment, the Trustee believes that the Town would take a position substantially different than that proposed to be taken by the organization, the Trustee should consult with the Mayor regarding the Town’s possible position. B. Correspondence expressing official Town positions. All official Town correspondence shall be signed by the Mayor or Mayor Pro Tem unless a specific Trustee is authorized by the Town Board to individually respond to a matter and express the Town’s official position. A copy of official correspondence should be given to the Town Clerk to be filed as part of the permanent public record. C. Trustee correspondence concerning town matters: Trustees may correspond with individuals or organizations on any matter involving the Town. In the event that the Trustee’s personal correspondence expresses a personal opinion that differs from the Town’s official position, the Trustee should make clear that the Trustee’s personal opinion differs from the Town’s official position. 1.5.7 TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS The Town has established several Boards and Commissions as a means of increasing community involvement in government and to serve as advisors to the Town Board. They are a valuable resource to the Town’s leadership and should be treated with appreciation and respect. A. If attending a Board or Commission meeting, be careful to only express personal opinions unless you are authorized to represent the Town Board. Trustees may attend any Board or Commission meeting open to the public, but should be sensitive to the way 21 their participation – especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Trustee at a Board or Commission meeting should be clearly indicate if it is an individual opinion or a representation of the official opinion of the Town Board. B. Be respectful of diverse opinions. A primary role of the Board or Commission is to provide advice and make decisions based on a full spectrum of concerns and perspectives. Trustees must be fair and respectful of all citizens serving on Boards and Commissions. C. Inappropriate behavior. Inappropriate behavior by a Trustee should be noted to the Mayor, and the Mayor should counsel the offending member. If inappropriate behavior continues, the Mayor should bring the situation to the attention of the Town Board. 1.5.8 CONDUCT WITH THE MEDIA Trustees may be contacted by the media for background information and quotes. All media contacts should be referred to the PIO. A. The Mayor is the official spokesperson for the Town Board of Trustees. The Mayor is the designated representative of the Board of Trustees to present and speak on the official Town position. If the media contacts an individual Trustee, the Trustee should be clear about whether her/his comments represent the official Town position or a personal viewpoint. B. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. C. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media. 1.5.9 CONFLICT OF INTEREST A. Section 31-4-404 (2) C.R.S. “Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from the attempt to influence the decisions of the other members of the governing body in voting on the matter.” B. Disclosure: A Trustee having a conflict of interest in any matter before the Town Board shall disclose the interest to the Town Board. The Trustee shall not vote or otherwise take any formal action or discussion concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member of the Board of Trustees either in public or private discussion of the matter. C. Exception: A member of the Board of Trustees may vote notwithstanding a conflict of interest if the Trustee’s participation is necessary to obtain a quorum or otherwise enable 22 the Board to act if the Trustee complies with the volunteer disclosure provisions of Section 24-18-110 C.R.S. D. Appearance of Impropriety: A Trustee should consider, but is not required to, excuse themselves from those matters which due to the specific circumstances concerning the matter may appear to members of the public to be a potential conflict of interest thus avoiding the appearance of impropriety. 1.5.10 SANCTIONS A. Inappropriate Staff Behavior. Trustees should refer to the Town Administrator any Town staff that does not follow proper conduct in their dealings with Trustees, other Town staff, or the public. These employees may be disciplined in accordance with standard Town procedures for such actions. B. Trustees Behavior and Conduct. Trustees who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Town Board. Serious infractions of the Code of Conduct may lead to other sanctions as deemed appropriate by the Town Board. It all comes down to respect Respect for one another as individuals. . . Respect for the validity of different opinions. . . Respect for the democratic process. . . Respect for the community that we serve. 23 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD COMMITTEE PRINCIPLES 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). 24 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 a majority of 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, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the full 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 or take a leadership position in 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. 25 1.6.2.2 - Individual Representation a) Individual trustees have the right to participate as an individual in any outside group or committee. 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) The trustee seeking to so serve or being requested to do so, shall first so advise the Board of Trustees, both as a matter of transparency and courtesy. d) 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. Revised 3‐24‐2015 26 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES The Board of Trustees may appoint an individual Trustee to 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 - Any Trustee serving as a liaison to any group, either internal or external, shall be appointed by the Town 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. 27 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 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. 1.8.2. 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. 28 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 29 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. ‐ Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Deleted: April 22, 2014 Deleted: 4/22/2014 1. Purpose The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2. Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a. Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of members of the Board of Trustees) a. Assignments to 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, public safety, public works and utilities.” (Estes Park Municipal Code 2.08.010) i. Assignment of Standing Committee Chairs – At the meeting where the Mayor appoints the trustees to the two standing committees, the Mayor shall also appoint a trustee to serve as the Chair of the committee. b. Assignment to 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. (Estes Park Municipal Code 2.08.020) 4. Appointment of Mayor Pro‐ Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Deleted: April 22, 2014 Deleted: 4/22/2014 5. Special Assignments to Ad‐Hoc and Temporary Committees: The Mayor may appoint trustees to serve on temporary committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall inform the entire board of any special assignments and will make every effort to distribute special assignments equitably among the members of the Board. 6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board.” 7. Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8. Liaison Assignments ‐ The Board of Trustees may appoint an individual Trustee to 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. The Roles and Responsibilities of Board Liaisons is defined in Governing Policy 1.7. Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Deleted: April 22, 2014Deleted: 4/22/2014Board Assignments Mayor Pro‐Tem ‐ Wendy Koenig Board and Commission and Community Representation Board, Commission or Task Force LiaisonStaff LiaisonType of CommitteeCreative Sign Design Review Board Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Phipps Alison Chilcott Advisory/ Decision Making Estes Valley Board of Adjustment Alison Chilcott Decision making Western Heritage Inc Trustee Koenig Bo Winslow Outside Estes Park Museum Friends and Foundation Inc. Derek Fortini Outside Ambassadors Teri Salerno Outside Police Auxiliary Wes Kufeld Working Group Parks Board Trustee Holcomb Kevin McEachern Advisory Transportation Advisory Committee Trustee Ericson Kevin Ash Advisory Senior Center Inc Lori MitchellOutsideEstes Valley Restorative Justice Melissa Westover Working Group Local Marketing District (Visit Estes Park) Trustee Norris Outside Estes Park Board of Appeals Alison Chilcott Advisory/Decision Making Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Deleted: April 22, 2014Deleted: 4/22/2014 Sister Cities Trustee Koenig Working Group Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Pinkham, Trustee Ericson Steve McFarland Frank Lancaster Deb McDougall Advisory Pride Awards Selection Committee Board Committee Platte River Power Authority Board of Directors Mayor Pinkham Reuben Bergsten Outside Public Works/Utilities/Public Safety Committee Trustees Norris (chair) Koenig and Nelson Board Committee Community Development/ Community Services Committee Trustees Ericson (chair), Holcomb, Phipps Board Committee Larimer County Open Lands Board Trustee NelsonOutsideCommunity Grant Review Committee Trustee Ericson, Trustee Koenig, Jackie Williamson Board Committee Estes Park Economic Development Corporation Board of Directors Mayor Pinkham, Frank Lancaster Outside Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 1. Purpose The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2. Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a. Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3. Assignment To Committees Of The Board Of Trustees (committees comprised solely of members of the Board of Trustees) a. Assignments to 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, public safety, public works and utilities.” (Estes Park Municipal Code 2.08.010) i. Assignment of Standing Committee Chairs – At the meeting where the Mayor appoints the trustees to the two standing committees, the Mayor shall also appoint a trustee to serve as the Chair of the committee. b. Assignment to 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. (Estes Park Municipal Code 2.08.020) 4. Appointment of Mayor Pro‐ Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 5. Special Assignments to Ad‐Hoc and Temporary Committees: The Mayor may appoint trustees to serve on temporary committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall inform the entire board of any special assignments and will make every effort to distribute special assignments equitably among the members of the Board. 6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board.” 7. Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8. Liaison Assignments ‐ The Board of Trustees may appoint an individual Trustee to 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. The Roles and Responsibilities of Board Liaisons is defined in Governing Policy 1.7. Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Board Assignments Mayor Pro‐Tem ‐ Wendy Koenig Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Creative Sign Design Review Board Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Phipps Alison Chilcott Advisory/ Decision Making Estes Valley Board of Adjustment Alison Chilcott Decision making Western Heritage Inc Trustee Koenig Bo Winslow Outside Estes Park Museum Friends and Foundation Inc. Derek Fortini Outside Ambassadors Teri Salerno Outside Police Auxiliary Wes Kufeld Working Group Parks Board Trustee Holcomb Kevin McEachern Advisory Transportation Advisory Committee Trustee Ericson Kevin Ash Advisory Senior Center Inc Lori Mitchell Outside Estes Valley Restorative Justice Melissa Westover Working Group Local Marketing District (Visit Estes Park) Trustee Norris Outside Estes Park Board of Appeals Alison Chilcott Advisory/Decision Making Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: March 25th, 2015 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 Revisions: 3/24/2015 Sister Cities Trustee Koenig Working Group Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Pinkham, Trustee Ericson Steve McFarland Frank Lancaster Deb McDougall Advisory Pride Awards Selection Committee Board Committee Platte River Power Authority Board of Directors Mayor Pinkham Reuben Bergsten Outside Public Works/Utilities/Public Safety Committee Trustees Norris (chair) Koenig and Nelson Board Committee Community Development/ Community Services Committee Trustees Ericson (chair), Holcomb, Phipps Board Committee Larimer County Open Lands Board Trustee Nelson Outside Community Grant Review Committee Trustee Ericson, Trustee Koenig, Jackie Williamson Board Committee Estes Park Economic Development Corporation Board of Directors Mayor Pinkham, Frank Lancaster Outside