HomeMy WebLinkAboutPACKET Town Board Study Session 2017-07-11Tuesday, July 11, 2017
TOWN BOARD 5:00 p.m. – 6:40 p.m.
STUDY SESSION ROOMS 202/203
5:00 p.m. Dinner.
5:15 p.m. Presentation on Boys and Girls of Larimer County Facilities at
Stanley Park. (Kathi Wright)
5:45 p.m. Review of Governance Policy Revisions.
(Town Administrator Lancaster)
6:30 p.m. Trustee & Administrator Comments & Questions.
6:35 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:40 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:45 p.m.
AGENDA
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Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: July 11th, 2017
RE: Review of Policy Governance Policies
Objective:
To review recommended updates to the Board adopted Policy Governance Policy
Manual.
Present Situation:
In 2012, the Board of Trustees adopted a set of Governing Policies to serve as the
foundation for Town operations and Board governance activities. Based on the Carver
Model of Governance, the Governing Policies incorporated four major areas; Governing
Process, Board/Staff Linkages, Staff Limitations, and Ends Statements. Since the
adoption of these in 2012 there has been some additions and revisions, but not a
complete review of the policies.
Earlier this year the Board charged the Mayor, Mayor Pro-Tem and Town Administrator,
to review the first four sections of the Governing Policies and to bring back
recommendations for updates to the Board. (The Ends Statements are synonymous
with the outcome areas included in the Board strategic plan and were not included in
the review.)
Proposal (including budget if applicable):
Redline copies of the Governing Policies are included. In addition, it was determined
that some of the specifics in the Governing Policies were more appropriately placed in
Town Policy or the Municipal Code. Where this was the case, the proposed policy or
code changes are included as redlined versions as well.
Advantages:
•Periodic review of policies ensures that they remain up to date and relevant
•Allows policies to be revised based on experience from implementation
•Clarifies the basic role of the Board and Town Administrator
Disadvantages:
TOWN ADMINISTRATOR
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•Time required for review
Requested Action and Sample Motion:
n/a
Level of Public Interest
moderate
Attachments
EP Policy 103 – Town Board Code of Conduct
EP Policy 105 – Agendas
EP Policy 102 – Town Committees
Sec 2 Municipal Code
Policy Governance – Governing Process
Policy Governance – Board/Staff Linkages
Policy Governance – Staff Limitations
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Effective Period: Until Superseded
Review Schedule: Biannually – Following Town Elections
Effective Date:
References:
TOWN BOARD POLICY
TOWN BOARD CODE OF CONDUCT AND OPERATING PRINCIPLES
103
Rev 5-9-17 DRAFT 1
[FL1]
1.Purpose: 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.
2.SCOPE: This Policy and Procedure applies to the Board of Trustees.
3.RESPONSIBILITY: It is the responsibility of each Trustee to comply with this policy. It is
further the responsibility of the Board of Trustees to address any perceived non-compliance
with the specific items within this policy.
4.PROCEDURES:
i)CONDUCT WITH ONE ANOTHER 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
(1) and as outlined in the operating principles of the board. We accept and respect each
other's individuality, supporting each other by capitalizing on our individual strengths,
working together, as a team, utilizing each other’s' expertise, to accomplish our goals
and the goals of the Town of Estes Park.
(1)(2) We take others' concerns seriously.
ii)CONDUCT IN PUBLIC MEETINGS
(1) Practice civility, professionalism and decorum in discussions and debate.
Trustees should conduct themselves in a professional manner at all times.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 will not make comments that are to make belligerent, personal
attacks, impertinent, slanderous, threatening, abusive, or disparaging comments.
Trustees should conduct themselves in a professional manner at all times.
(2) Demonstrate effective problem-solving approachessupport for Board decisions.
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
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decision.
(3) 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, while being respectful of
other people’s time.
iii)Be prepared for Board meetings - Trustees will be Prepare prepared 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.
iv)Avoid expressing opinions during Public Hearings. Trustees should not express
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.
v)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.
vi)CONDUCT IN PRIVATE COMMUNICATIONS
(1) Continue Rrespectful 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.
(2) Be aware of the public nature of Wwritten 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 may be
subject to disclosure pursuant to the Colorado Open Meetings Act. The tone and and
wording of all communication should be respectful and similar in decorum as public
discourse.
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.
vii)TRUSTEE CONDUCT WITH TOWN STAFF
(1) 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.
(2) Treat all staff as professionals. Clear, honest communication that respects the
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abilities, experience, and dignity of each individual is expected. Poor behavior towards
staff is not acceptable.
(3) 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 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 a personal opinion or position, or if it is
the official position as adopted by the Board of Trustees.
(8) 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. As the Town Attorney reports
directly to the Town Board and not the Town Administrator, requests for information or
legal advice may be made directly to the Town Attorney.
(9) 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.
(10) 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.
viii) TRUSTEES CONDUCT WITH THE PUBLIC IN PUBLIC MEETINGS – Making the public
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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.
(1) Be welcoming to speakers and treat them with care and gentlenessrespect.
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.
a.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.
(2)(1) 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.Board members should practice active listening when members of the public
are speaking before the board. Be aware of facial expressions, especially those that
could be misinterpreted as “smirking,” disbelief, anger or boredom disrepectful.
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.
b.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.
i)CONDUCT IN UNOFFICAL SETTINGS
(1) 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
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give a brief overview of Town policy and to refer to Town staff for further information. It
is inappropriateBoard members should refrain from to overtly or implicitly promise
promising 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.).
(2) Make no personal comments about other Trustees. It is acceptable to publicly
disagree about an issue, but it is unacceptable toBoard members will refrain from make
making 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.
i)BOARD CONDUCT WITH OTHER PUBLIC AGENCIES
(1) 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.
(2) Decision Making - 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.
(3) 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.
(4) 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.
ii) 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.
(1) 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
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attend any Board or Commission meeting open to the public, but should be sensitive to
the way 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.
A. 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.
B. 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.
iii)CONDUCT WITH THE MEDIA
(1) Trustees may be contacted by the media for background information and quotes. All
media contacts should be referred to the PIO.
(2) 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. In most cases, any media requests should be referred to the Town Public
Information Officer.
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.
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.
iv)CONFLICT OF INTEREST
(1) 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.”
(2) 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.
(3) 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 the Board to act if the Trustee complies with the volunteer disclosure provisions
of Section 24-18-110 C.R.S.
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(4) 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.
v)SANCTIONS
(1) 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.
(2) 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.
___________________________________
Todd Jirsa
Mayor
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a.
Tool box for: Meeting Procedure Options
Motions: Purpose, Properties
Basic Motion:
Purpose: Places an action item on the floor for discussion
The motion is stated in the positive.
“Yes” vote supports motion.
“No” vote opposes the motion.
Divide complex issues into individual motions.
Second is required.
Quasi-judicial
Motions:
Quasi-judicial: A motion in the positive includes findings of fact for
approval.
Quasi-judicial: A failed motion in the positive is followed by a motion in
the negative, stating findings of fact for denial
Divide complex issues into individual motions.
Second is required.
Amend a Motion:
Purpose: To change a portion of the Basic Motion.
The amendment uses the original basic motion wording with a change in
wording.
The motion is stated in the positive.
Second is required.
Substitute Motion:
Purpose: To completely remove/replace the Basic Motion.
The substitute motion is a new motion with new wording.
The motion is stated in the positive.
The Mayor determines if motion qualifies as Substitute Motion.
Second is required.
Table Motion:
or
Continue Motion:
Purpose: Stops an action item discussion for more information.
The Mayor generally states a new meeting date to discuss item.
The Mayor may send item back to committee/staff for revising.
The Mayor will recommend to Table or Continue as appropriate.
Occurs when information is lacking or no decision can be made on action
item.
Second is required.
Motion to
Reconsider:
Purpose: Re-open discussion on a finalized action item.
Only a Board Member voting in the majority for the motion that finalized
the action item may request a reconsideration motion and only at the
same meeting at which the original action was taken.
Second is required.
Point of Order:
Purpose: To correct meeting proceedings and help the Mayor.
State “point of order” and what procedure was missed by the Mayor.
No Second is required.
Second a Motion:
Purpose: To open discussion on an action item.
Notes: The person providing the second does not need to agree with the
motion.
The originator of the motion or changed motion will need to repeat the
motion for the benefit of the Town Clerk’s record and Town Board clarity
of motion.
Call the Question Purpose: To end discussion of an issue and bring the Board to a vote.
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Any Board member may Call the Question at any time during Board
discussion of a motion that is on the floor. No second is required for a
Call of the Question. After a Board member makes the motion to Call the
Question, the board shall vote immediately to Call the Question and bring
the item to a vote. If the Call the Question vote fails, discussion may
continue. If the Call the Question vote passes, the Board shall vote on
the motion on the table without any further discussion.
Public Comment –
a.Allocation of time - 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.
b.Avoid debate and argument with the public. Only the Mayor – not individual
Trustees – can interrupt a speaker during a presentation. However, a Trustee may 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[FL2].
B. Rules and Procedures for Public Comment[FL3]
a.The purpose of Public Comment is to provide input to the Town Board on issues
relevant to Town of Estes Park. It is not intended to be a general soapbox
opportunity.
b.Public comments and questions shall be:
i.Limited to three minutes.
ii.Directed to the Board as a whole and not to individual members.
iii.Presented in a courteous and professional demeanor and not in a
threatening, profane, vulgar, insulting or abusive manner.
iv.Limited to topics pertaining to Town of Estes Park government and about which
the Town Board has authority or responsibility.
c.Speakers, when recognized by the chair, will provide their name to the Clerk prior
to addressing the Board.
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d. Individuals who engage in repetitive comments or questions or who otherwise violate
the provisions of Rule #2 above will be asked to refrain and/or yield the floor.
e. Failure to abide by these requirements after a first warning may result in the Board
requiring that the speaker, in lieu of speaking, submit his/her statements in writing
during future public comment periods.
f.The Mayor is responsible for administration and enforcement of these rules in
his/her sole discretion.
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B.
Town Board Meeting
Order of Business
•Call meeting to order
•Pledge of Allegiance
•Agenda Approval – Board requests for additions or deletions
•Proclamations and Presentations
•Public Comment
•Town Board Comments
•Liaison Reports
•Town Administrator’s Report and Public Comment Follow-up
•Consent Agenda
•Consider items pulled from the Consent Agenda (if any)
•Reports and Discussion Items (outside entities)
•Liquor Items
•Planning Commission Items
o Consent Items
o Action Items
•Action Items (repeat process for each action item)
•Staff Report
•Town Board clarification of Staff Report - questions/discussion Formal
Motion/Second (if Ordinance is present, Town Attorney/Town Clerk reads prior
to motion)
•Public Comment
•Motion modifications/amendments if desired
•Debate/Discuss motion
•Mayor calls for vote
•Vote
•Staff Reports
•Executive Session (if needed)
•Adjournment
__________________________________________________________________________
__
Every Board meeting will end no later than 10:00 p.m., except that (1) any item of
business commenced before 10:00 p.m., may be concluded before the meeting is
adjourned and (2) the Town Board may, by majority vote, extend a meeting until no later
than 11:00 p.m. for the purpose of considering additional items of business. Any matter
which has been commenced and is still pending at the conclusion of the Board meeting,
and all matters scheduled for consideration at the meeting which have not yet been
considered by the Board, will be continued to the next regular Town Board meeting and
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will be placed first on the agenda for such meeting.
The Town Board reserves the right, by majority vote, to further extend the meeting to
conclude any business the Board deems necessary.
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C
Town Board Motions
(Adopted March 2011)
1 The basic motion. The basic motion is the one that puts forward a decision
for consideration. A basic motion might be: “I move that we create a five-member
committee to plan and put on our annual fundraiser.”
2 The motion to amend. If a member wants to change a basic motion that is
under discussion, he or she would move to amend it. A motion to amend might be:
“I move that we amend the motion to have a 10-member committee.” A motion to
amend takes the basic motion that is before the body and seeks to change it in
some way.
3 The substitute motion: If a member wants to completely do away with the
basic motion under discussion and put a new motion before the governing body, he
or she would “move a substitute motion.” A substitute motion might be: “I move a
substitute motion that we cancel the annual fundraiser this year.”
Motions to amend and substitute motions are often confused. But they are quite
different, and so is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in
some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a
new and different motion for it…
Voting on motions when there are several on the floor.
The first vote is on the last motion. In the example above, the substitute motion
would be voted on first. If passed, the other two (Basic and Amend) would not
require a vote because they become moot. If the substitute in the above example
passes, it replaces both the Basic and the amendment to the Basic motion. If the substitute fails, then a vote is needed on the amendment. If the amendment
passes, the basic motion is moot because it was replaced by the amendment.
However, if the amendment fails, the basic motion needs to be voted on. If it
passes, it is final. If the basic fails, then the chair determines if a new motion is in
order, or does the action item need to be tabled for more information, returned to
committee, have staff gather more information, etc. A time for future review of the
action item should be established.
*Instructional scenario quoted verbatim from: Rosenberg’s Rules of Order: Simple
Parliamentary Procedures for the 21st Century, 2003, League of California Cities.
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Rev x/x/17Draft 1 3/15/17
Town of Estes Park, Town Board Policies
Effective Period: ongoing
Review Schedule: Annually - January
Effective Date: 3/14xx/xx/2017
References: Policy Governance 1.9.2
TOWN BOARD POLICY
105
Agendas
1.PURPOSE
The Town Clerk is responsible for the preparation and publication of the agendas for any
meeting of the Board of Trustees. The Town Clerk shall establish deadlines for items to
be added to the agenda in order to provide adequate public notice of Board meetings and
to fully meet the requirements of the Colorado Open Meetings Act.
2.REGULAR BOARD MEETINGS
a.Agendas for regular board meetings shall follow the format approved by the Board in
Policy 103 – Town Board Procedures
b.Adding items to the Agenda
i.Routine Administrative Issues – Routine administrative issues, including renewal
of ongoing contracts, approval of bills, approval of minutes, issuance, renewal
and transfer of liquor licenses, land use issues requiring quasi-judicial action and
proclamations or other ceremonial actions may be placed on the agenda by the
Town Clerk without any further approval.
ii.Items requested by Town Staff – Any items, other than routine administrative
items, must be approved by the Town Administrator before being placed on the
agenda. The Town Administrator may place these items on the Regular Board
agenda without any further approval of the Board.
iii.Reports or requests from outside entities – the Town Administrator has the
authority to approve any requests from outside or partner agencies wishing to
present before the Town Board. This includes update reports (i.e. updates from
the Superintendent of Rocky Mountain National Park) and requests requiring
action (i.e. requests for letters of support, requests for board participation on
community projects).
iv.Legal issues – Legal issues requiring Board discussion or action may be placed
on the agenda by either the Town Administrator or the Town Attorney.
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v.Trustee requested items – Any trustee may request that an item be added to the
regular board agenda by one of the following methods:
(1) Request that the item be added to the agenda of an upcoming Regular
meeting during the Trustee comment period at a study session. If any other
Trustee objects to the item being placed on the agenda, the request must be
made at a Regular Board meeting.
(2) Request that an item be added to an upcoming agenda during Trustee
comment period at a regular board meeting. The Board may approve the
addition of the item to a future board meeting by consensus or may call for a
vote. If a vote is called for, a majority affirmative vote of the Board is required
to add the item to a future agenda.
(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.
(4) By referral from a Board Standing Committee.
(5) Emergency items – At times it may be necessary to add items to an agenda
on short notice to protect the immediate health, safety and well- being of the
community or the organization. The Mayor, Town Administrator or Town
Attorney may add emergency items to any agenda at any time, at their sole
discretion.
(6) Issues raised during Public Comment – For any issue raised during public
comment that requires additional Board discussion or an action, any Board
member may request that the item be placed on an upcoming agenda. Taking
action on any item raised during public comment but not previously listed on
the agenda is discouraged in order to give adequate notice for opportunity for
public participation.
3.STUDY SESSIONS
a.The Town Board will review the schedule for upcoming Study Sessions. The Mayor,
Trustees or staff may request or recommend any appropriate 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.
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b.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.
c.Public comment and/or participation in subject matter discussions may be allowed
by the chair at a study session by agreement by majority of the Board.
4.BOARD STANDING COMMITTEES (PUP, CD/CS, AUDIT)
a.The purpose of Board Committees shall be to vet items prior to being presented for
action to the full Board of Trustees and to serve as a sounding board for issues prior
to presenting at a regular Town Board meeting
a.b. The Town Clerk shall prepare the agendas for the Board Standing Committees in
consultation with the committee chair and appropriate staff.
b.c. Items on the agenda should be limited to the scope of the specific committee.
c.d. Any items requiring Board approval or further action must be referred by the
Committee to the full board including a recommendation as to whether the item
should be considered on the Consent Agenda or as an Action Item.
d.e. 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.
e.f. All Actions of Standing Committees are to be considered recommendations and not
final actions representing the Board of Trustees, unless otherwise authorized by
Board policy.
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g. Checklist for Board Committee Agenda Items.
Cover at
Committee
meeting
Take
Directly
to the
Board
Present to Town
Board in Memo
Form
Comments
Items approved as project in the
adopted budget but amount
requires TB approval
x
Items requiring budget
amendment
x
Periodic department/division
updates and stats
x x Routine updates should be done by
memo. Major updates may be
presented at committee meeting by
exception and approval of the Town
Administrator
Items requiring Board approval
and staff unsure of whether the
item should be on the consent
agenda
x
Items requiring Board approval
but staff needs some Trustee
feedback prior to presenting for
a decision
x x Either
All items presented must be accompanied by a standard briefing memo in the meeting packet
Approved:
_____________________________
Todd Jirsa, Mayor
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Effective Period: Until Superseded
Review Schedule: Annual - January
Effective Date: February 1, 2017tbd
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD GOVERNANCE POLICIES
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1.PURPOSE
To establish a uniform Policy and Procedure process for Town of Estes Park committees
and to provide reference for cross training and training new personnel.
2.SCOPE
This Policy and Procedure applies to all Town citizen volunteer boards, commissions and
task forces, herein collectively referred to as “committees” and the appropriate staff who
support the functions of these entities. This Policy and Procedure does not apply to
internal staff committees, committees not appointed by the Town Board or outside
independent committees.
3.RESPONSIBILITY
The Town Administrator and Town staff shall be responsible for the implementation of
this Policy and Procedure.
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TABLE OF CONTENTS
1.PURPOSE ........................................................................................................................................................................ 1
2.SCOPE .............................................................................................................................................................................. 1
3.RESPONSIBILITY .......................................................................................................................................................... 1
4.PROCEDURE .................................................................................................................................................................. 4
a.Definitions ................................................................................................................................................................. 4i.Committee Types .................................................................................................................................................................. 4ii.Town Board Liaison ............................................................................................................................................................ 5iii.Staff Liaison .......................................................................................................................................................................... 5
b.Terms .......................................................................................................................................................................... 6
c.Recruitment .............................................................................................................................................................. 6i.Recruitment ............................................................................................................................................................................. 6ii. Applications ........................................................................................................................................................................... 6iii. Eligibility ................................................................................................................................................................................ 6
d.Selection Process .................................................................................................................................................... 7
e.Notification ............................................................................................................................................................... 8
f.Vacancies .................................................................................................................................................................... 8
g.Committee Alternatives ....................................................................................................................................... 8
h.Staff Support ............................................................................................................................................................ 8
i.Trustees Liaison ....................................................................................................................................................... 8
j.Orientation and Training ...................................................................................................................................... 9
k.Bylaws ........................................................................................................................................................................ 9
l.Recognition ................................................................................................................................................................ 9
m.Ownership of Intellectual Property ............................................................................................................. 10
n.Open Meetings ....................................................................................................................................................... 10
o.Decision Making .................................................................................................................................................... 10
p.Compensation and Reimbursement .............................................................................................................. 10i.Compensation ....................................................................................................................................................................... 10ii.Mileage ................................................................................................................................................................................... 11
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iii.Meals ...................................................................................................................................................................................... 11iv.Expenses .............................................................................................................................................................................. 11
q.Insurance Coverage ............................................................................................................................................. 11
r.Conflict of Interest ................................................................................................................................................ 11
s.Gifts ............................................................................................................................................................................ 12
t.Minutes...................................................................................................................................................................... 12
u.Agendas .................................................................................................................................................................... 12
v. Waivers .................................................................................................................................................................... 12
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4.PROCEDURE
NOTE: In instances where federal or state regulations and laws differ from this
policy/procedure, the federal and state laws and regulations will be followed.
a.Definitions
i.Committee Types
Committees serve many different roles within the Town. It is important that staff
and committee members fully understand the role of each committee and the
authority and responsibility for the committee and its members. To help define
these roles, each committee will be designated as to type, as defined below:
(1) Advisory Committees
An advisory committee serves a forum of citizens to advise and assist the Town
Board and/or a requesting Town department, providing them with technical and
non-technical advice on issues. Advisory committees are not authorized to
make decisions on behalf of the Town. The Town Board will consider the input
of advisory committees, as well as other community members, in making
decisions on issues. The Town Board may or may not take action that is in
agreement with the advice of a Town advisory committee. Advisory
committees may not speak for the Town or take independent positions on
issues with the public or the press. Its purpose is to advise the Town Board or
the requesting department only.
Constituent Advisory Committee: This type of advisory committee is used
as a polling type committee used to develop a sampling of community reaction
and opinion on an issue or program(s). The membership on this type of
committee should be broad based and accurately reflect the total diversity of
the larger public. Example: The Transportation Advisory Board
Content –Advice-giving Committee: This type of advisory committee is
created to give advice to the Town Board or appropriate department to aid with
decision making processes. Varied interests and opinions are encouraged, and
the advisory committee may be asked to develop specific proposals and
products for Town Board or department consideration. Membership is selected
to encourage a wide variety of input from respected individuals from the
community with specialized expertise. This advisory committee may or may not
be a demographic reflection of the community as a whole. Example – The
Parks Advisory Board
Working Group: This type of advisory committee may reflect both the content
or advisory type of committee, but is further charged with implementation of a
project or program. Example – The Police Auxiliary
(2) Quasi-judicial Committees
Some committees and commissions are defined in state statute and have
certain statutory responsibilities and authorities, as designated by statute.
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Often these committees have the authority to hold formal hearings, accept
testimony, and make decisions which have some level of legal standing. These
decisions may or may not be subject to review by the Town Board. Members
of these committees must be cognizant of protecting the unbiased quasi-judicial
nature of the committee and its formal hearings. Activities of these committees
are limited to those authorities granted in statute or specifically by the Town
Board. Example – The Planning Commission
(3) Decision-Making Committees
Decision-making committees are bodies that either statutorily or as granted by
the Town Board have authority to make decisions which may include some of
the following: approving citizen requests and applications, allocating resources,
hiring or firing employees or adopting regulations. The specific authority of each
decision-making committee is defined in statute or in the bylaws as approved
by the Town Board. Examples – The Board of Adjustment, Board of Appeals
(4) Ad-Hoc Task Forces
Task forces are special ad-hoc panels created by the Town Board for a specific
project or task. Task forces are limited in duration and are not ongoing entities.
The responsibilities of the task force shall be designated by resolution by the
Town Board at the time the Town Board authorizes the formation of the task
force. The Town Board will consider the input of task forces, as well as other
community members, in making decisions on issues. The Town Board may or
may not take action that is in agreement with the advice of a Town task force.
Task forces may not speak for the Town, and are to advise the Town Board or
the appropriate department only, and are not to take independent positions on
issues with the public or the press. Examples – Bond Park Committee,
Transportation Visioning Committee
(5) Outside and Independent Committees
These are committees that may or may not be appointed wholly or partially by
the Town Board, but are independent autonomous committees, often serving
a governance role for another entity. This includes, but is not limited to the
Estes Valley Library Board, the Local Marketing District, the Estes Park
Housing Authority, and Western Heritage Inc.
ii.Town Board Liaison
The Town Trustee assigned to the committee pursuant to Governing Policy 1.7
iii.Staff Liaison
A staff position responsible for the coordination and communication with the
assigned committee and the day-to-day support for the committee.
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b. Terms
The term for committee membership shall be defined in the bylaws of each committee.
Terms for outside committees are the responsibility of the specific committee and not
the Town of Estes Park.
Terms for all committee members will be staggered with the exception of ad-hoc or
temporary committees, which may have a finite sunset.
Mid-term appointments to positions that become vacant may be made at any time or
may be postponed to the regular term period, at the discretion of the Town Board.
Unless otherwise specified by statute, members of a committee serve at the pleasure
of the Town Board, have no property interest or entitlement in their membership or
office and may be removed at any time for any reason by the Town Board.
c. Recruitment
The Town Clerk will publicize and advertise committee vacancies each year, and on
an as-needed basis throughout the year, utilizing paid advertising, press releases to
electronic and print media, the Town website, and other produced materials that might
engage interested residents. Applications shall be available on the Town website, at
Town Hall and at the Estes Valley Library.
i.Recruitment
Current committee members are encouraged to help recruit potential committee
members, especially when specific targeted populations or expertise is required.
Staff and Trustees may encourage individuals to apply for any open committee
position, however they must be clear that the authority to appoint to a committee
is solely the responsibility of the Board of Trustees, and there is no implied promise
or guarantee of appointment.
ii.Applications
All citizens interested in serving on a committee shall complete an official Town
application. These applications will be available from the Town Clerk’s office and
on the Town website. Applications must be returned by the deadline to the Town
Clerk’s office. Online applications are accepted from the Town website.
Citizens may apply for up to three committees at a time. When applying for more
than one committee, applicants should prioritize their requests on the committee
application form.
iii.Eligibility
Eligibility for any committee shall be defined in the bylaws of each committee.
However, except by special circumstance as approved by the Town Board, all
members of any Town committee shall be residents of the Town of Estes Park.
No individual who is currently serving a sentence after being convicted of a felony
may serve on any Town board. Due to the time commitment involved, and to allow
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as many citizens the chance to participate in Town committees, serving on more
than one Town committee at a time is discouraged. However, the Town Board
reserves the right to appoint individuals to multiple committees when, in the opinion
of the Town Board, it is in the best interest of the Town.
d.Selection Process
The Town Board will seek the most qualified diverse applicants with applicable special
interest and expertise. In general, only the Town Board will select appointments to a
Town committee. Existing committee members may assist with the recruitment of new
members, but should not screen, interview or make recommendations for
appointments, unless specifically requested to do so by the Town Board.
Selection to the committees will be carried out as follows:
1.The Town Board or its designee(s) will review the applications.
2.The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
3.The Trustees or their designee may conduct reference checks or background
checks on applicants when, in the opinion of the Town Board or its designee(s),
it is in the best interest of the citizens of the Town of Estes Park. No such
checks will be completed without the informed consent of the applicant.
4.Applicants for all committees will be interviewed by the Town Board, or its
designees. Any designees will be appointed by the full Town Board.
a.Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
b.Prior to candidate interviews, the Town Board or its designee(s)
assigned to conduct the interviews shall develop selection and
evaluation criteria for review of the candidates.
5.The Trustees may request assistance from the staff liaison and other
committee members.
6.Recommendations from the interview team will be made to the Town Board,
which will make the appointment(s).
Incumbent committee members who are eligible for reappointment will be contacted
by the Town Clerk’s office to assess their interest in being reappointed. Members who
desire reappointment will be considered along with all other applicants. Incumbents
may be interviewed by the Town Board or its designee, at the discretion of the Town
Board.
By agreeing to serve on a Town committee, the member agrees to abide by this policy
of the Town Board. Any committee member who violates the terms of this Policy and
Procedure or the bylaws of the committee may be asked to resign or be removed from
the committee by the Town Board.
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e.Notification
The Town Clerk’s office will notify applicants of scheduled interviews. The Town
Clerk’s office will promptly notify applicants and incumbents requesting
reappointment, of appointments and the status of their applications.
f.Vacancies
The Town Clerk’s office will keep all applications on file for one year. If vacancies
occur during the year, the position may be filled from the current list of applicants using
the selection process delineated or through advertising for interested volunteers. For
difficult to recruit committees, applications may be kept on file for two years.
Resignations from any committee should be addressed in writing to the Town Board
or Town Administrator.
g.Committee Alternatives
No Town committee will have members designated as alternates. All members, other
than those designated as ex-officio or associate, shall have full membership and
voting privileges on all Town committees.
Where federal or state laws or municipal ordinances require alternates Section
102.3.7.1 is waived.
Alternate/non-voting members who wish to become regular members must complete
an application for the appropriate committee.
h.Staff Support
Staff support is available to committees through the staff liaison assigned to support
each committee.
It is the responsibility of the Town Board, in coordination with the staff liaison to provide
the necessary budget and other resources for any committee to perform its assigned
duties.
It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
Staff support and staff liaisons will not be members of the committee to which they are
assigned.
It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
i.Trustees Liaison
Individual Trustees may be assigned as liaisons to a committee by the Town Board.
The role of the Trustee liaison is:
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•To serve as the primary two-way communication channel between the Town
Board and the committee.
•If so designated by the Town Board, to review applications, interview
candidates and make recommendations to the Town Board for approval.
•Serve as the primary Town Board contact with the committee.
•Attend assigned committee meetings when requested or whenever
appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not
expected to attend every meeting of the committee.
•Any Trustee may attend the meeting of any committee; however they should
notify the official Town Board liaison in advance of attending. This notification
will allow the liaison to know when a quorum of the Town Board may be
attending the committee meeting and to notify the Town Clerk so the
appropriate public notifications can be made, in compliance with the Colorado
Open Meetings Act.
•The liaison is not a member of the committee and when in attendance at a
committee meeting, shall be there as an observer for the Town Board.
Participation in committee discussions should be minimal and restricted to
clarification of Town Board positions or collection of information to bring back
to the full Town Board.
j.Orientation and Training
Staff liaisons should provide new committee members with pertinent materials that will
assist new members in becoming fully functioning members of the committee,
including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly
inform all new members of the role of the committee and the responsibilities and
authority of the committee. Established committee members are encouraged to share
their experience and knowledge with new members. New members are encouraged
to attend meetings before their term begins. All new committee members shall receive
and acknowledge the receipt of the Town of Estes Park Volunteer Manual.
k.Bylaws
Each committee shall adopt bylaws that are consistent with these policies. A copy of
the bylaws shall be sent to the Clerk’s office prior to adoption, for staff and Town Board
review. This Policy and Procedure shall be incorporated, by reference, into the bylaws
of all Town committees, The bylaws shall include a description of the objectives and
duties or tasks of the committee, as set by the Town Board or the appropriate
department.
l.Recognition
The Town Board shall recognize the Town’s volunteers annually, in a manner
determined by the Town Board.
The Town Board will send a letter of appreciation to all outgoing committee members
in good standing.
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m.Ownership of Intellectual Property
Any documents, articles, reports or correspondence, recommendations or other
products produced by a Town committee shall be the sole property of the Town of
Estes Park.
No committee or member of a committee may copyright or in any other way take
ownership for any documents, articles, recommendations or other products produced
as a function of the Town committee.
All documents and correspondence produced as part of the regular business of any
committee shall be subject to the same open records policies applicable to all Town
documents and correspondence.
All documents and publications of any Town committee must be clearly identified as
belonging to or originating from the Town of Estes Park.
n.Open Meetings
All meetings and actions of any committee shall be in full compliance with state
statutes governing open meetings. It is the responsibility of the staff liaison to be
familiar with these statutes and regulations.
o.Decision Making
Any actions, recommendations or discussions of any committee shall be limited to the
defined objectives of the body as described in the approved bylaws.
A common point of misunderstanding with committees and citizens is the role of the
committee in decision making and the type of decision making to be employed by the
committee for a particular issue. The Town Board realizes that not one method of
decision making fits all situations; however it is important that the type of decision be
declared early in the process of public discourse. The type of decision process is
dependent on the issue involved, the time frame available and the amount of public
participation desired.
It is the responsibility of the staff liaison to assist the committee in its decision-making
process and to train new and existing members in the appropriate responsibilities and
authorities of the committee and its members. Staff liaisons are not to exert undue
influence during the decision-making process, but only to keep the decision making of
the committee in agreement with the objectives set by the Town Board.
p.Compensation and Reimbursement
i.Compensation
Citizens who serve on Town committees do so as volunteers. There will be no
financial compensation or reimbursement of expenses, except as noted below, for
any volunteers on any committee.
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ii.Mileage
Committee members may request reimbursement for mileage to attend any
committee function if the member must travel greater than 10 miles from their
residence. Mileage will be reimbursed at the rate currently adopted for Town travel
by the Town Board. The staff liaison is responsible for approving mileage
reimbursements for committees within the budget provided by the Town Board.
iii.Meals
Meals may be provided by the Town as part of regular meetings of the committee,
as budgeted.
iv.Expenses
Members of committees may be reimbursed for out-of-pocket costs associated
with the business of the committee provided the expenditures have been
previously budgeted by the Town Board and authorized in advance by the
assigned staff liaison or Town Administrator. (For example, office supplies, copies,
printing, etc.) Other expenses may be reimbursed if, in the judgment of the staff
liaison, such reimbursement is in the best interest of the Town.
q.Insurance Coverage
General liability (liability other than auto, including general, law enforcement and
professional) is provided to all volunteers.
Volunteers are not covered by the Town’s workers’ compensation coverage. Any
injuries incurred while volunteering is the responsibility of the individual volunteer.
Specific to automobile insurance, both physical damage and legal liability for bodily
injury or death is covered for all volunteers driving town vehicles, subject to coverage
limits pursuant to the Town’s coverage. In addition, liability is covered for all volunteers
driving their personal vehicles on Town business; however the following claims are
excluded from coverage.
•Bodily injury or death to passengers (including friends and family) who are not
on official town business.
•Physical damage to non-Town owned vehicles used on Town business.
Property insurance is not provided to any personal property of the volunteer.
r.Conflict of Interest
A conflict of interest occurs when a person’s private, personal relationships or interests
conflict so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
Members of committees shall not use their membership for private gain, and shall act
impartially and not give preferential treatment to any private organization or individual.
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A member of any committee who has a personal or private interest in a matter
proposed or pending shall disclose such interest to the committee; shall not vote on
the item; and shall not attempt to influence the decisions of other members voting on
the matter.
s.Gifts
Acceptance of or giving of any gifts by a committee member, which could lead to a
conflict of interest, is prohibited. In particular, no member of any committee may
accept or give a gift in excess of the value specified in Article XXIX of the Colorado
State Constitution, from any individual, organization, contractor, or any other entity
which does business with the Town or has any control of or interest in Town business
related to the activities of his or her particular committee.
t.Minutes
Minutes shall be recorded of all meetings of any Town committee that are subject to
the Colorado Open Meetings Act. Approved or draft minutes should be posted as
soon as practicable after the meeting in question. Committees are strongly
encouraged to post draft minutes prior to the final approval of the minutes at the next
meeting of the committee. At a minimum, minutes shall be published on the Town
website within seven days of approval by the committee.
Minutes should record any formal actions taken by the committee. Minutes are not
intended to be verbatim transcripts of the meeting. The amount of detail included in
the minutes beyond the recording of actions is left to the discretion of each committee.
u. Agendas
Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
v. Waivers
Any section of this policy can be waived by a majority vote of the Town Board.
w.Sunset Review
In accordance with Governing Policy 1.6.1.8, 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. This applies only to non-statutorially required boards/commissions.
Board/Committee Initial Sunset review (then every five years thereafter)
Parks Board October 2017
Transportation Advisory Committee October 2017
Family Advisory Board April 2019
Pup Committee March 2018
CD/CS Committee March 2018
Community Grant Review Committee October 2018
Audit Committee October 2018
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Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
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Title 2 - Administration and Personnel
Chapter 2.04 - Board of Trustees
2.04.010 - Four-year terms for Trustees.
At each regular election, three (3) Trustees shall be elected to serve four-year terms.
(Prior code §3.1-1; Ord. 6-72 §1(part), 1972; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
2.04.020 - Write-in candidate affidavit.
In any special or regular election of any member to the Board of Trustees, no write-in vote for any
person shall be counted unless an affidavit of intent has been filed with the Town Clerk at least twenty (20)
days prior to the date of the election, by the person whose name is written in, indicating that such person
desires the office and is qualified to assume the duties of that office, if elected.
(Ord. 20-91 §1, 1991; Ord. 10-10 §1, 2010)
2.04.030 - Cancellation of elections.
In any special or regular election for a member or members to the Board of Trustees, if the only matter
before the voters is the election of persons to office and if, at the close of business on the nineteenth day
before the election there are not more candidates than offices to be filled at such election, including
candidates filing affidavits of intent, the Town Clerk, if instructed by resolution of the Board of Trustees,
shall cancel the election and the candidates shall be deemed elected.
(Ord. 20-91 §2, 1991; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
2.04.040 - Meetings.
The regular meetings of the Board of Trustees shall be held at the Municipal Building, 170 MacGregor
Avenue, Estes Park, Colorado, on the second and fourth Tuesday of each and every month at 7:00 p.m.
Special meetings may be called by the Mayor or, in his or her absence, by the Town Clerk, by written notice
of such meeting, to each member of the Board of Trustees.
(Prior code §4.1; Ord. 27-74 §1, 1974; Ord. 6-90 §3, 1990; Ord. 15-97, 1997; Ord. 8-03 §1,
2003; Ord. 10-10 §1, 2010)
2.04.050 - Quorum.
Four (4) members of the Board of Trustees shall be a quorum for the transaction of business. No
business shall be transacted except when a quorum is present, but a smaller number may adjourn the
meeting to another time.
(Prior code §4.3; Ord. 10-10 §1, 2010; Ord. 02-12 §1, 2012)
(Ord. No. 04-16, § 2, 2-23-2016)
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2.04.060 - Action by Board.
All ordinances and all resolutions for the appropriation of money or the entering into of contracts shall
require for their passage the concurrence of a majority of the Board of Trustees. All other actions of the
Board of Trustees upon which a vote is taken shall require the concurrence of a majority of those present.
(Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
Chapter 2.08 - Committees
2.08.010 - Committees.
At the first regular meeting following the certification of the results of each biennial election, the Mayor
shall appoint three (3) Trustees to the following standing committees: Community Development/Community
Service and Public Safety/ Utilities/Public Works; and the Mayor shall appoint two (2) Trustees to the Audit
committee with the Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord.
13-15, § 1, 9-22-2015)
2.08.020 - 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.
(Ord. 26-88 §1(part), 1988; Ord. 10-10 §1, 2010)
Chapter 2.12 - Mayor
2.12.010 - Four-year term for Mayor.
A Mayor shall be elected to serve a four-year term.
(Prior code §3.1-2; Ord. 6-72 §1(part), 1972; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
2.12.020 - Duty to sign warrants or other instruments; facsimile signature.
All warrants or other instruments of payment drawn upon the Town shall be signed by the Mayor. The
Mayor may execute, or cause to be executed, all such warrants or other instruments of payment with a
facsimile signature in lieu of his or her manual signature upon his or her compliance with State statutes
pertaining to facsimile signatures.
(Prior code §3.1-5; Ord. 14-72 §1, 1972; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
2.12.030 - Reserved.Role of the Mayor
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The Mayor shall preside over all meetings of the Board of Trustee. He or she shall perform such duties
as may be required of him or her by statute or ordinance. Insofar as is required by statute and for all
ceremonial purposes, the Mayor shall be the executive head of the Town.
2.12.40 Powers of the Mayor
Except as may be required by statute, the Mayor shall exercise only such powers as the Board of
Trustees shall specifically confer upon him or her by ordinance or resolution.
Editor's note— Ord. No. 04-16, § 1, adopted Feb. 23, 2016, repealed § 2.12.030, which
pertained to vote required and derived from prior Code §4.8; Ord. 15-97, 1997; Ord. 10-10 §1,
2010.
Chapter 2.16 - Mayor Pro Tem
2.16.010 - 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.
(Prior code §4.2; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
Chapter 2.20 - Mayor and Trustees Compensation
2.20.010 - Compensation of Mayor, Mayor Pro Tem and Trustees.
In recognition of services rendered as Mayor, Mayor Pro Tem or member of the Board of Trustees,
the elected officials of the Town shall receive compensation as set forth in this Section. During the budget
process for each even-numbered year, the Board of Trustees shall consider adjustment of the amount of
compensation set forth in this Section. As part of this review, the Board of Trustees shall review
compensation for elected officials provided by comparable Colorado municipalities using appropriate
sources, including but not limited to the Colorado Municipal League. Any adjustment of compensation shall
be by ordinance.
(1) The Mayor shall receive as compensation for his or her services the sum of seven thousand five
hundred dollars ($7,500.00) per year during each year of his or her term, payable in equal monthly
payments.
(2) The Mayor Pro Tem shall receive as compensation for his or her services the sum of six thousand
five hundred dollars ($6,500.00) per year during each year of his or her term, payable in equal
monthly payments.
(3) Each Trustee shall receive as compensation for his or her services the sum of five thousand five
hundred dollars ($5,500.00) per year during each year of his or her term, payable in equal monthly
payments.
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(Ord. 7-74 §1, 1974; Ord. 9-80 §1, 1980; Ord. 8-86 §1, 1986; Ord. 15-97, 1997; Ord. 3-00 §1,
2000; Ord. 3-08 §1, 2008; Ord. 10-10 §1, 2010; Ord. 03-12 §1, 2012)
Chapter 2.24 - Town Officers
2.24.010 - Appointment.
At its first regular meeting following certification of the results of each biennial election, the Board of
Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge
and Assistant Municipal Judge, and any other officers the Board of Trustees deems necessary for the good
governance of the Town.
(Ord. 10-10 §1, 2010)
2.24.020 - Officers' duties.
The officers shall have the following duties:
(1) Town Clerk. The Town Clerk shall attend meetings of the Board of Trustees and make a true and
accurate record of all the proceedings, rules and ordinances made and passed by the Board of
Trustees. He or she shall be the custodian of all of the Town's records. The Town Clerk shall
perform such other duties as the Board of Trustees may prescribe. The Town Clerk is supervised
by the Town Administrator and subject to the personnel policies of the Town.
(2) Town Treasurer. The Treasurer shall receive all moneys belonging to the Town and give receipts
therefor, keep the Town books and accounts in such manner as may be prescribed by the Board
of Trustees, keep a separate account of each fund or appropriation and the debts and credits
belonging thereto and sign and pay all warrants and bills approved by the Board of Trustees. All
books and accounts of the Treasurer shall always be subject to inspection of any member of the
Board of Trustees. The Treasurer shall perform all other duties, keep all records and make all
reports that are required by other provisions of this Code or by the laws of the State. The
Treasurer is supervised by the Town Administrator and subject to the personnel policies of the
Town.
(3) Town Attorney. It shall be the duty of the Town Attorney to attend meetings of the Board of
Trustees as directed by the Mayor or the Board of Trustees, to draw all ordinances, contracts and
other instruments when requested to do so, to prosecute or defend all suits brought by or against
the Town, and to render such legal service to the Board of Trustees and other Town officers as
they may require.
(4) Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court. The Municipal
Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall have all the powers,
authority, duties and shall follow procedures as provided therefor by the laws of the State and the
rules and procedures adopted by the Supreme Court of the State.
(5) Vacancy. In the case of a vacancy in the office of Town Clerk, Town Treasurer or Town Attorney,
the Board of Trustees shall appoint a person for the unexpired term.
(Ord. 10-10 §1, 2010)
2.24.030 - Compensation.
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The Town Clerk, Town Treasurer and any other officers who are employees of the Town shall be
compensated pursuant to the Town's Employment Compensation Schedule. The Town Attorney shall be
compensated in accordance with a Fee Schedule approved by the Board of Trustees. The compensation
of the Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall be set by
ordinance annually.
(Ord. 10-10 §1, 2010)
Chapter 2.28 - Town Administrator
2.28.010 - Town Administrator; appointment.
At its first regular meeting following the certification of the results of each biennial election, the Board
of Trustees shall appoint a qualified person as Town Administrator. In case of a vacancy in the office of
Town Administrator, the Board of Trustees shall appoint a Town Administrator for the unexpired term.
(Ord. 21-75 §1(part), 1975; Ord. 15-97, 1997; Ord. 10-10 §1, 2010)
2.28.020 - Functions and duties.
The functions and duties of the Town Administrator shall be as follows:
(1) To be responsible to the Board of Trustees for the efficient administration of all departments of
the Town government;
(2) To supervise the enforcement of all laws and ordinances;
(3) To recommend an annual budget to the Board, to administer the budget as finally adopted and to
keep the Board of Trustees fully advised at all times of the financial condition of the Town;
(4) To recommend to the Board of Trustees for adoption such measures as he or she may deem
necessary; and
(5) To perform such other duties as may be prescribed by ordinance or by direction of the Board of
Trustees.
(Ord. 21-75 §1(part), 1975; Ord. 15-97, 1997; Ord. 10-10 §1, 2010; Ord. 10-14 §2, 2014)
Chapter 2.32 - Municipal Court
2.32.010 - Municipal Court.
There is created a Qualified Municipal Court of Record to hear and try all alleged violations of the Town
ordinance provisions, which Court, and the Municipal Judge or Judges and other officers, shall have all of
the powers, authority and duties and shall follow the procedure as provided therefor by the laws of the State
and the rules of procedure promulgated by the State Supreme Court.
(1) The Municipal Court Judge and the Municipal Court Clerk shall keep a verbatim record of the
proceedings and evidence at trials by either electronic devices or stenographic means.
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(2) The Municipal Judge and any Assistant Municipal Judge shall be admitted to and licensed in the
practice of law in the State.
(Ord. 10-10 §1, 2010; Ord. 02-14 §1, 2014)
Chapter 2.36 - Social Security Coverage
2.36.010 - Social Security coverage.
The Board of Trustees has adopted an ordinance extending the benefits of Old Age and Survivors'
Insurance to its officers and employees. The proper officers of the Town are authorized to continue making
payroll deductions from salaries and to make the required payment by the Town and to do all other things
necessary to continue the coverage of the officers and employees of the Town in the Old Age and Survivors'
Insurance System.
(Prior code §3.7; Ord. 10-10 §1, 2010)
Chapter 2.40 - Fire Chief
2.40.010 - Designation.
The Fire Chief of the Estes Valley Fire Protection District is hereby designated as the Fire Chief for all
duties and responsibilities of a Fire Chief set forth in this Code.
(Ord. 10-10 §1, 2010)
Chapter 2.90 - Formation of Urban Renewal Authorities
2.90.010 - Discretionary districts and authorities.
(a) Before the creation of any Urban Renewal Authority authorized under state statutes, the question of
the creation of the same shall first be submitted and approved at a regular or special election.
(b) If approved at the special or general election required under Subsection (a) above, the Town must
comply with all applicable requirements set forth under state statutes.
(c) Any Urban Renewal Authority duly existing at the time of the enactment of this Section shall be
abolished consistent with all applicable state statutes and shall immediately take any and all necessary
steps to wind down its operations and to provide adequate arrangements for payment of any
outstanding indebtedness and other obligations within a reasonable period of time, not to exceed six
(6) months.
(Ord. 07-09 §1, 2010)
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1
Governing
Policies of the
Town of
Estes Park
Board of
Trustees
41
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”.
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6.Management Limitations Policies: The Board makes decisions with respect to its staff’s means
decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing
means and (b) to put off limits those means that would be unacceptable even if they work. These
decisions are categorized as “Management Limitations” in the policies that follow.
7.Self-Enforcing – These policies are collectively adopted by the Estes Park Board of Trustees
and as such only the board and individual trustees are responsible for compliance both individually
and collectively.
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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 ConductReserved
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
Category 2. Board/Staff Linkage
Policy 2.0 Governance - Management Connection
Policy 2.1 Delegation to the Town Administrator
Policy 2.2 Town Administrator Job Description
Policy 2.3 Monitoring Town Administrator Performance
Policy 2.4 Town Attorney
Category 3. Staff Limitations
Policy 3.0 General Town Administrator Constraint
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.3 Financial Planning
Policy 3.4 Financial Condition and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.7 Emergency Preparedness
Policy 3.8 Compensation and Benefits
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 General Town Administrator Constraint – Quality of Life
Policy 3.12 General Town Administrator – Internal Operating Procedures
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Policy 3.13 Town Organizational Plan
Category 4. Ends Statements
Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.0 POLICY TITLE: GOVERNANCE COMMI TMENT
Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of
Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is
to see to it that the Town of Estes Park government 1) achieves results for citizens at an
acceptable cost and 2) avoids unacceptable actions and situations.
1.1 The Board of Trustees will approach its task with a style which emphasizes
outward vision rather than an internal preoccupation, strategic leadership more
than administrative detail, clear distinction of Board and staff roles, collective rather
than individual decisions, future rather than past or present, and proactively rather
than reactively.
1.2 The operating principles and commitments of the Board of Trustees, as it relates to
the working relationship between the Trustees, staff and citizens of the Town of
Estes Park, are to emphasize fairness; responsibilities as elected officials; respect;
honesty and integrity; and communication.
1.3 The job of the Board of Trustees is to make contributions which lead the Town
Government toward the desired performance and to assure that it occurs. The
Board’s specific contributions are unique to its trusteeship role and necessary for
proper governance and management.
1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and
representation of the Board of Trustees and the Town to outside parties (as
delegated by the Board).
1.5 The Board expects of its members ethical and businesslike conduct.
1.6 The Board of Trustees may establish committees to advise the Board in carrying
out its responsibilities. Other than those statutorily required, all committees
appointed by the Town of Estes Park Board of Trustees exist so that Board
decisions (a) will be made from an informed position, and (b) will be made in a
public forum consistent with Board policy.
1.7 The Board of Trustees may appoint an individual Trustee to serve as the official liaison
of the Board to Town Boards and Commissions. The Board of Trustees may appoint an
individual Trustee to serve as the official liaison to other community groups.
1.8 Board Committees, when used, will be assigned so as to reinforce the wholeness of the
Board’s job and so as never to interfere with delegation from the Board to Town
Administrator. The purpose of Board Committee’s shall be to provide more indepth
discussion and information on the specific areas assigned to the Committee.
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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.
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.1 POLICY TITLE: GOVERNI NG STYL E
The Board of Trustees will approach its task with a style which emphasizes outward vision
rather than an internal preoccupation, strategic leadership more than administrative detail,
clear distinction of Board and staff roles, collective rather than individual decisions, future
rather than past or present, and proactive rather than reactive.
In this spirit:
(1) The Board of Trustees will operate fully aware of its trusteeship and
stewardship obligation to its constituents.
(2) The Board of Trustees will conduct itself individually and collectively with
whatever discipline is needed to govern with excellence through:
1.Being committed to matters such as policy making principles, role
clarification, speaking with one voice and self-policing of any
tendency to stray from governance adopted in Board policies.
2.Individual Board members’ thorough preparation for meetings and
regular attendance.
3.Continuation of Board development including orientation of new
members in the Board’s governance process, participation in
relevant continuing education, and periodic Board discussion of
process improvement.
(3) The Board of Trustees will direct, 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.
(4) The Board of Trustees, as trustee for and working with the citizens of the Town
of Estes Park, will be the primary initiator of policy, and will also be receptive to
other policy initiatives from citizens and staff. The Board, not the staff, will be
responsible for Board performance as specified in the policy entitled Board Job
Products.
(5) The Board of Trustees will be accountable to the Citizens of the Town of Estes
Park for competent, conscientious and effective accomplishment of its
obligations as a body. It will allow no individual, committee or entity to usurp
this role or hinder this commitment.
48
(6) The Board of Trustees will monitor and discuss the Board’s own process and
performance, and ensure the continuity of its governance capability through
continuing education and training.
(7) A member of the Board of Trustees who votes in the minority is free to express
his/her dissent but will respect the process and legitimacy of the majority
decision.
(8) All Town Trustees will respect legitimacy of the opinions and reasoning of other
Trustees when and after making board decisions.
(9) Agree not to hold grudges or bring disagreements from past actions into future
decisions.
(10) A member of the Board of Trustees who, in their sole opinion, believes they
have a conflict of interest or for any other reason believes that they cannot
make a fair and impartial decision in a legislative or quasi-judicial decision, will
recuse themselves from the discussion and decision. Any recusal will be
made prior to any board discussion of the issue.
(11) Any Trustee may choose to abstain from voting on any question, at their sole
discretion. If there is not conflict of interest or reason for recusal as outlined
in 1.1(10), the trustee may participate fully in Board discussions of the issue,
yet abstain from voting, should they so choose.
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.2 POLICY TITLE: OPERATI NG PRI NCIPLES
The operating principles and commitments of the Board of Trustees, as it relates to the
working relationship between the Trustees, staff and citizens of Town of Estes Park, are to
emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and
communication. As such, the Board shall adopt and comply with a Board Code of Conduct
and associated Operating Principles
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 other’s' 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
50
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.
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTI ON
The job of the Board of Trustees is to lead the Town Government toward the desired
performance and to assume a good faith effort toward those objectives. The Board’s
leadership is unique to its trusteeship role and necessary for proper governance and
management.
1.3.1 The products of the Board shall be:
1. Linkage: As the Town of Estes Park Board of Trustees places a high
value on open, participatory government, the board will produce the
linkage between Town of Estes Park 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:
A. GOVERNANCE PROCESS: Specification of how the Board of
52
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.
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.
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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.
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.4 POLICY TITLE: MAYOR ’S RESPONSI BI LI TY
REV 2/2016
The responsibility of the Mayor is, primarily, to establish procedural integrity and
representation of the Board of Trustees and the Town to outside parties (as delegated by
the Board). Accordingly:
1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the
Board with its own rules and those legitimately imposed upon it from outside
the organization.
1.4.1.1. Meeting agendas and discussion content will be only those issues
which, according to Board policy, clearly belong to the Board to
decide, not the Town Administrator.
1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient,
limited to time, and kept to the point.
a.1.4.2. The authority of the Mayor is to preside over meetings and to sign documents
as authorized by the Board of Trustees and to preside over the evaluation of the
Town Administrator by the Town Board.
1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except
as approved by the Board of Trustees. This shall include any appointment of
committee or board positions, making any financial or other binding obligations
on behalf of the town, or expressing the official position of the Town on any
matter.
1.4.4 Representation:
1.4.4.1 Provide leadership for the Town of Estes Park.
1.4.4.2 Serve as the primary representative of the Town of Estes Park in official
and ceremonial functions.
1.4.4.3 Represent the Town in interaction with other government agencies.
1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided
otherwise.
1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to
promote the timely flow of information between the Town Board, Town Staff
and other governmental organizations.
1.4.4.6 Represent the Town on the Platte River Power Authority Board.
1.4.5 Enactment:
1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator
enforces the ordinances and laws of the Town.
1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code).
55
1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money
or the entering into a contract before they become valid.
1.4.5.4 Mayor with, Town Board approval, appoints members of committees, and
other entities that may be necessary from time to time for the effective
governance of the Town.
1.4.5.5 Facilitating policies and procedures for the effective management of the
Board, establishing Town goals in conjunction with the Town Board,
promoting consensus and enhancing Board performance.
1.4.6 Mayor Pro Tem – Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s
absence in accordance with Section 2.16.010 of the Municipal Code.
1.4.7 – Mayoral Appointments
1.4.7.1 – Board Standing Committees – “At the first regular meeting following the
certification of the results of each biennial election, the Mayor shall appoint
three (3) Trustees to the following standing committees: Community
Development/Community Service and Public Safety/ Utilities/Public Works;
and the Mayor shall appoint two (2) Trustees to the Audit committee with the
Mayor serving as the third member.
(Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord.
10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015)
1.4.7.2 Special Assignments –
The Mayor may nominate trustees to serve on committees, community
groups, or in some other capacities as a representative of the Town. The
Mayor shall present the nomination of any such appointments to the Board
for approval at a regular town board meeting. The Mayor will make every
effort to distribute special assignments equitably among the members of the
Board.
1.4.7.3 Special committees. - Special committees may be established by the Board
of Trustees. The Mayor shall appoint all members of any special committee
subject to the approval of the Board of Trustees. (EP Municipal Code
2.08.020)
1.4.8 Voting Privileges – The Mayor has full voting privileges for items coming before the
Board of Trustees. (Ord. 04-16)
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.5
Rev 11/11/14TBD POLICY TITLE: BOARD MEMBERS’ CODE OF
CONDUCTReserved
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
opinions during the public hearing portion of the meeting except to ask pertinent questions
57
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
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
58
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.
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
59
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.).
b.Make no personal comments about other Trustees. It is acceptable to publicly
60
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
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
61
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
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
62
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.
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POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.6 POLICY TITLE: BOARD COMMITTEE
REV 4/15/15 PRI NCI PLES
For simplicity and clarity in this policy, the term “Committee” shall refer to any board, commission, task
force, council, committee or any other volunteer group of citizens.
The Board of Trustees may establish committees to advise the Board in carrying out its
responsibilities. Other than those statutorily required, all committees appointed by the Town
of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an
informed position, and (b) will be made in a public forum consistent with Board policy.
Accordingly:
1.6.1 Committees which are appointed by the Board of Trustees.
1.6.1.1 - It is the policy of the Board of Trustees to encourage citizen
involvement in town affairs, as well as to avoid conflicts involving trustees who
serve on committees, boards, commissions and organizations. For these
reasons, the trustees have agreed that a trustee shall serve only as a liaison to
town committees, commissions and boards.
1.6.1.2 -Other than those legislatively directed, committees may not speak or act
for the Board of Trustees except when formally given such authority for specific
and time-limited purposes. Expectations and authority will be carefully stated in
order not to conflict with authority delegated to the staff.
1.6.1.3 - Committees appointed by the board are to help the Board of Trustees
do its job, not to help the staff do its job. Committees ordinarily will assist the
Board by preparing policy alternatives and implications for Board deliberation.
Committees are not created by the Board to advise staff. The Board
understands that at times the Town Administrator or Town Staff may convene ad-
hoc or ongoing advisory boards to serve as advisors for operational issues.
These advisory groups are subject to the same limitations as Board appointed
committees.
1.6.1.4 - In keeping with the Board of Trustees’ broader focus, committees
normally will not have direct dealings with current staff operations. Committees
cannot exercise authority over staff.
1.6.1.5 - Because the staff works for the Board, they will not be expected to
obtain approval of a committee before taking action unless otherwise authorized
by state statute, Board policy, or federal regulation.
1.6.1.6 -Because of the differing nature of committees, some of which are
defined by state statute, the Board shall have and keep current an operating
policy defining the role of different committees and setting forth rules and
procedures for Town of Estes Park committees (Operating Policy 102).
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1.6.1.7 -The authority and responsibility of any committee will not duplicate the
authority or responsibility of:
a)The Board of Trustees
b)Town Staff
c)Any other committee
d)Town Auditor
e)Town Attorney
1.6.1.8 - All committees will undergo a regular sunset review, at least once every
five years, unless otherwise provided for more frequently and according to a
staggered schedule to be adopted separately by the Board of Trustees.
1.6.1.9 - Said sunset review shall include a review of the Board and
Commission’s Mission Statement, and of the Board of Trustees’ charge to the
Committee of their role, responsibility and authority.
1.6.2 - Outside Committees
At times a Trustee may seek to serve or be asked to serve on an outside
committee not appointed by the Board of Trustees. A Trustee may seek or be
asked to serve on an outside committee in an official capacity representing the
Board and the Town of Estes Park, or as an individual Board member, not as the
official representative of the Town or the Board.
1.6.2.1 - Official Representation
a)No Trustee may represent the Town or the Board of Trustees or represent
themselves as being an official representative or speak for the Town or the
Board without have first been officially designated as the Town’s
representative by the Board of Trustees at a regular meeting of the Board.
b)The Mayor may nominate trustees to serve on committees, community groups,
or in some other capacities as a representative of the Town. The Mayor shall
present the nomination of any such appointments to the Board for approval at a
regular town board meeting. The Mayor will make every effort to distribute
special assignments equitably among the members of the Board.
c)A trustee serving on an outside committee shall not chair the outside
committee, board, commission or organization (with the existing exceptions
of the Platte River Power Authority Board or the County Open Lands
Board) without prior approval of the full Board of Trustees.
1.6.2.2 - Individual Representation
a)Individual trustees have the right to participate as an individual in any
outside group or committee.
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b)When participating as an individual trustee, the trustee should clearly
express to the committee membership that he/she is there as an
individual and do not speak for nor represent the Town of Estes Park or
the Board of Trustees.
c)When participating on any outside committee, trustees should be cautious to
avoid any real or perceived conflict of interest and any involvement that
could compromise the role of the trustee in any quasi-judicial actions or other
decisions.
66
POLICY TYPE: GOVERNANCE PROCESS
POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES
REV 4/15/15
Trustees may serve as the official liaison of the Board to Town committees. The Board of
Trustees may appoint an individual Trustee to serve as the official liaison to other community
groups.
1.7.1 Appointment - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor
shall present the nomination of any such appointments to the Board for approval at a
regular town board meeting. The Mayor will make every effort to distribute special
assignments equitably among the members of the Board.
1.7.2 Term – A Trustee shall serve as the Town Board Liaison solely at the pleasure of the
Town Board, with no specific term limit.
1.7.3 Duties of a Liaison
1.7.3.1 Communicate with the committee when Board of Trustees communication is
needed and to serve as the primary two-way communication channel
between the Town Board and the committee or community group.
1.7.3.2 Review applications, interview candidates and make recommendations to the
Town Board for final approval.
1.7.3.3 Serve as the primary Trustees’ contact for the committee or community
group.
1.7.3.4 Attend assigned committee or community group meetings when requested or
whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons
are not expected to attend every meeting of the committee or group.
1.7.3.5 The liaison is not a member of the committee and when in attendance at a
meeting is there as an observer for the Board of Trustees and a resource for
the committee. Participation in board discussions should be minimal and
restricted to clarification of Town Board positions or collection of information
to bring back to the full Town Board.
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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.
1.8.1.3 Audit Committee – Responsible for supervising and working with the Town
Auditors in the preparation of the Comprehensive Annual Financial Report and any
other formal audits, as required.
1.8.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the
Board’s job and so as never to interfere with delegation from the Board to Town Administrator.
The purpose of Board Committee’s shall be to provide more indepth discussion and information
on the specific areas assigned to the Committee. Committee’s may not adopt policy, but shall
make recommendations to the Town Board for action.
1.8.3 The following principles shall guide the appointment and operation of all Town Board
Committees:
1.8.3.1 Board Committees may not speak or act for the Board except when formally given
such authority for specific and time limited purposes. Expectations and authority will
be carefully stated in order not to conflict with authority delegated to the Town
Administrator.
1.8.3.2 Board Committees cannot exercise authority over staff. Because the Town
Administrator works for the full board, he or she will not be required to obtain
approval of a Board, Committee or Commission before an executive action.
1.8.3.3 Board committees shall consist of no more than 3 trustees so that the committee is
never a quorum of the Town Board.
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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
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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.
‐
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TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
Category 2. Board/Staff Linkage[FL1]
Policy 2.0 Governance - Management Connection
Policy 2.1 Delegation to the Town Administrator
Policy 2.2 Town Administrator Job Description
Policy 2.3 Monitoring Town Administrator Performance
Policy 2.4 Town Attorney
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.0 POLICY TITLE: GOVERNANCE - MANAGEMENT CONN ECTI ON
The Board of Trustees’ official link to the operation of departments of Town Government and
staff is the Town Administrator.
2.1 The Board of Trustees’ job is generally confined to establishing the broadest
policies; implementation and subsidiary decision making is delegated to the
Town Administrator.
2.2 As the Board’s primary link to the operations of Town government, the Town
Administrator’s performance will be considered to be synonymous with
organizational performance (within the scope of the Town Administrator’s
authority).
2.3 Monitoring Town Administrator performance is synonymous with monitoring
organizational performance against Board policies and Staff Limitations. Any
evaluation of Town Administrator performance, formal or informal, may be
derived only from these monitoring criteria.
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.1 POLICY TITLE: DELEGATI ON TO TH E TOWN
Revised 7/8/2014 ADMINISTRATOR
The Board of Trustees’ job is generally confined to establishing the broadest vision and
policies. Implementation and subsidiary decision making is delegated to the Town
Administrator as specified in the Estes Park Municipal Code 2.28.
2.1.1 Only decisions of the Board of Trustees, by majority vote, are binding on the Town
Administrator.
2.1.2 With the exception of the Town Attorney and the Municipal Judge, the Town
Administrator shall have line authority over all Town departments. This authority shall include
supervision and control over day to day functions and management decisions required to carry
out the objectives of the Board of Trustees.
2.1.3 The policies, goals and objectives of the Board of Trustees direct the Town Administrator
to achieve certain results; the policies permit the Town Administrator to act within acceptable
boundaries of prudence and ethics. With respect to the policies, the Town Administrator is
authorized to make all decisions, take all actions and develop all activities as long as they are
consistent with any reasonable interpretation of the policies of the Board of Trustees.
2.1.4 The Board of Trustees may change its policies, thereby shifting the boundary between
Board and Town Administrator domains. Consequently, the Board may change the latitude of
choice given to the Town Administrator, but so long as any particular delegation is in place, the
Board will respect and support the Town Administrator’s choices. The Board will not allow the
impression that the Town Administrator has violated policy when the Town Administrator
supports an existing policy.
2.1.5 No individual member of the Board of Trustees has authority over the Town
Administrator. Information may be requested by individual Board members, but if such
request, in the Town Administrator’s judgment, requires a material amount of resources or is
detrimental to other necessities, the Town Administrator may ask for majority Board action on
such a request.
2.1.6 It is understood that at times it may be in the best interest of the Town to waive or grant
exceptions to adopted Board policy. The Town Administrator shall request Board approval for
any policy waiver or exception prior to its implementation.
2.1.7 Should the Town Administrator deem it necessary to, or inadvertently, violate a Board
policy, he or she shall promptly inform the Board of Trustees. Informing is simply to guarantee
no violation may be intentionally kept from the Board, not to request approval. Board
response, either approving or disapproving, does not exempt the Town Administrator from
subsequent Board judgment of the action.
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2.1.8 The following decisions shall be the responsibility of the Board of Trustees.
Implementation and subsidiary decision making for all other items is delegated to the Town
Administrator.
1.Establishment and approval of all Utility Rates
2.Establishment and approval of Community Development Fees
3.Establishment of purchasing approval limitations contained in the Town Procurement Policy.
4.Approval of any increase to staffing levels The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in addition to the
grant funds and any temporary positions for which existing budgeted funds are allocated.
5.All changes to the Town Budget as allocated and adopted by the Board of Trustees.
6.Any sale, purchase or lease of real property
7.Any changes to employee benefits
8.Any issue that, in the opinion of the majority of the Board of Trustees, concerns a
substantial policy determination and/or is of a controversial nature with the public that
warrants Board involvement.
9.Approval of Intergovernmental Agreements, subject to the provisions of the Town
Procurement Policy.
10. Approval of any substantive change to the scope, design, development or construction of
any capital project.
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.2 POLICY TITLE: TOWN ADMINISTRATOR JOB DESCRIP TI ON
As the Board’s primary link to the operations of Town government, the Town Administrator’s
performance will be considered to be synonymous with organizational performance (within the
scope of the Town Administrator’s authority).
The Town Administrator’s job contributions can be stated as performance in two areas:
2.2.1 Board outcomes are met and policies are followed.
2.2.2 Town government operation within the boundaries established in Board policies on STAFF
LIMITATIONS.
2.2.3 The official job description for the Town Administrator shall be the as adopted by the Town
Board and as incorporated by reference in the Employment Agreement between the Town and the
Town Administrator.
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.3 POLICY TITLE: MON I TORING TOWN ADMINISTRATOR PERFORMANCE
The Board of Trustees will systematically and rigorously monitor Town Administrator job
performance to determine the extent to which goals are being achieved and whether operational
activities fall within boundaries established in management limitations policies. Accordingly:
2.3.1. The purpose of monitoring is simply to determine the degree to which Board policies
are being met. Information which does not do this will not be considered to be
monitoring. Monitoring will be as automatic as possible, using a minimum of Board
time so that meetings can focus on creating the future.
2.3.2. A given policy may be monitored in one or more of three ways:
(a) Internal Report: Disclosure of compliance information to the Board of Trustees
from the Town Administrator.
(b) External Report: Discovery of compliance information by a disinterested party
who is selected by and reports directly to the Board of Trustees. Such reports
must assess executive performance only against policies of the Board, not
those of the external party unless the Board has previously indicated that
party’s opinion to be the standard.
(c) Direct Board Inspection: Discovery of compliance information by a Board
member or the Board of Trustees as a whole. This is a Board inspection of
documents, activities or circumstances directed by the Board which allows a
“prudent person” test of policy compliance.
2.3.3 In every case, the Board of Trustees will judge whether (a) the Town Administrator’s
interpretation is reasonable, and (b) whether data demonstrate accomplishment of, or
compliance with, the Town Administrator’s interpretation.
2.3.4 In every case, the standard for compliance shall be “any reasonable Town Administrator
interpretation” of the Board of Trustees’ policy being monitored however, the Board of
Trustees is the final judge of reasonableness, and will always judge with a “reasonable
person” test (what a reasonably prudent person would do in that context). Interpretations
favored by individual board members or by the Board of Trustees as a whole do not
constitute a “reasonable person” test.
2.3.5 Actions determined to be not compliant with a reasonable interpretation of Board of
Trustees’ policies will be subject to a remedial process agreed to by the Town Board.
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2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town
Administrator which will include a summation examination of the monitoring data
acquired during that period.
Town Administrator Performance Expectations Review Schedule
Policy Metho Frequen Schedule
3.0 General Executive Constraint Internal Annually March
3.1 Customer Service Internal Annually March
3.2 Treatment of Staff Internal Annually March
3.3 Financial Planning/Budgeting Internal Quarterly Apr., July,
Oct., Jan.
3.4 Financial Condition & Activities Internal Annually March
External Annually June
3.5 Asset Protection Internal Annually March
3.6 Emergency Town Administrator Backup
and replacement
Internal Annually March
3.7 Emergency Preparedness Internal Annually April
3.8 Compensation and Benefits Internal Annually September
3.9 Communication and Support to the Board Internal Annually March
3.10 Capital Equipment and Improvements
Internal Annually March
3.11 Quality of Life Internal Annually March
3.12 Internal Procedures Internal Annually July
3.13 Town Organizational Plan Internal Annually July
Revised 3-25-2014
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.4 POLICY TITLE: TOWN ATTORNEY
The Town Attorney represents the Board of Trustees as specified in the Estes Park Municipal Code
2.24.020 (3) and anyone acting on its behalf so long as they are not acting in conflict with the Board of
Trustee or its policies.
2.4.1 Ethical Obligation of Town Attorney
2.4.1.1 The Town Attorney at all times will be guided by, and subject to, the Colorado Rules
of Professional Conduct for Attorneys and specifically Rule 1.13 Organization as Client
2.4.2 Accountability of the Town Attorney -
2.4.2.1 The Town Attorney shall report directly to the Town Board. The purpose of the
Town Attorney is to ensure that the Board’s actions take place with competent and
prudent legal counsel and representation.
2.4.2.2 The Town Attorney is accountable to the Board acting as a body, never to any
individual Board member or group of members, nor to the Town Administrator.
2.4.2.3 If individual Board members request information or assistance without Board
authorization, the Town Attorney may refuse such requests that require, in his/her
opinion, an inappropriate amount of staff time or funds or is disruptive. In such a
case, the requesting member may choose to bring the request to the Board.
2.4.2.4 Town Attorney accountability is for all resources, including personnel, under his or
her control. Therefore, any accomplishments or violations due to actions of a
subordinate of the Town Attorney are considered to be accomplishments or
violations by the Town Attorney.
2.4.2.5 The Town Attorney may accomplish the “Job Products” of the position in any
manner not imprudent, unethical, or in violation of the prohibitions listed below
under “Limitations on Town Attorney Authority.”
2.4.2.6 The Town Attorney may use any reasonable interpretation of Board policies as
they pertain to his/her authority and accountability. The Town Attorney is
authorized to establish all further policies, make all decisions, take all actions and
develop all activities as long as they are consistent with any reasonable
interpretation of the Board’s policies.
2.4.3 Job Products of the Town Attorney
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2.4.3.1 Timely opinion on documents and contemplated decisions or actions of the Board,
the Town Administrator or other Town Officials holding the authority to make such
decisions. Requests to the Town Attorney to provide opinions about the wisdom of
policy of decisions shall be discouraged.
2.4.3.2 Timely opinion on the legal ramifications of pending or actual laws, regulations,
court decisions, and pending or threatened litigation.
2.4.3.3 Timely opinion on the legality or propriety under the law of the Board’s processes.
2.4.2.4 Timely opinion on the legality or propriety under the law of pending or actual acts
or omissions of any Trustee, Board, Committee, Commission, the Town
Administrator or other Town employee or official.
2.4.3.5 When requested or appropriate, alternate language or action to achieve Board or
Town Administrator intentions in a lawful manner.
2.4.3.6 Timely and thoughtful advice and recommendations on the range of legal options
available.
2.4.3.7 The Town Attorney shall endeavor to provide professional advice based upon the law
as determined by the Town Attorney and also other considerations as may be
appropriate to the decision. The Town Attorney should refrain from influencing
policy based upon the personal belief of the attorney.
2.4.3.8 Litigation:
(i) Advice regarding avoidance of litigation or settlement of potential litigation.
(ii) Timely provision to the Board and the Town Administrator on the status of
settlement negotiations and all threatened/actual litigation.
(iii) Settlement of litigation, with authority as obtained from the Board.
(iv) Diligent and competent representation of the Board, the Town, and the Town’s
officer’s agents and employees in litigation.
(v.) The Town may carry out its obligation to defend Town officials and employees
from third party claims by using the services of the Town Attorney’s office. The
Town Attorney will be responsible for determining conflicts of interest in such
defense and advise the Board and individuals involved. The Town Attorney may
advise the Board to retain separate counsel to represent the Town, its individual
officials, and/or employees.
2.4.3.9 Adequately brief the board on emerging legal issues and trends affecting the Town.
2.4.4 Limitations on Town Attorney Authority. The Town Attorney shall not:
2.4.4.1 Exercise authority over Town Administrator or staff.
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2.4.4.2 Violate applicable codes of professional ethics and conduct.
2.4.4.3 Treat the public or staff in a disrespectful or unfair manner.
2.4.4.4 Incur expenditures or fiscal encumbrances beyond those authorized under Board
Policy.
2.4.4.5 Unreasonably withhold information from the Town Administrator, nor shall the Town
Attorney fail to cooperate with the Town Administrator in the performance of his/her
official functions.
2.4.5 Evaluation of Town Attorney performance.
2.4.5.1 Town Attorney accountability is only for job expectations explicitly stated by the Board
in this document. Consequently, the provisions herein are the sole basis of any
subsequent evaluation of Town Attorney performance, though he or she may use any
reasonable interpretation of the Board’s words.
2.4.5.2 The Board of Trustees will monitor the Town Attorney’s performance with respect to
these expectations on a routine basis.
2.4.5.3 Any modification to the compensation paid the Town Attorney shall be as specified in
the Estes Park Municipal Code, section 2.24.030.
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TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
Category 3. Staff Limitations
Policy 3.0 General Town Administrator Constraint
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.3 Financial Planning
Policy 3.4 Financial Condition and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.7 Emergency Preparedness
Policy 3.8 Compensation and Benefits
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 General Town Administrator Constraint – Quality of Life
Policy 3.12 General Town Administrator – Internal Operating Procedures
Policy 3.13 Town Organizational Plan
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.0 POLICY TITLE: GENERAL TOWN ADMINISTRATOR
CONSTRAI NT
Within the scope of authority delegated to him/her by the Board of Town Trustees, the
Town Administrator shall not cause nor allow any practice, activity, decision or
organizational circumstance that is either unlawful, imprudent, or in violation of commonly
accepted business and professional ethics.
3.1 The quality of life in the Town of Estes Park depends upon the partnership
between citizens, elected officials and Town employees. Therefore, within the
scope of his/her authority, the Town Administrator shall not fail to ensure high
standards regarding the treatment of our citizens.
3.2 With respect to the treatment of paid and volunteer staff, the Town
Administrator may not cause or allow conditions that are unsafe, unfair or
undignified.
3.3 With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the
operational or fiscal integrity of Town government.
3.4 With respect to the actual, ongoing condition of the Town government’s
financial health, the Town Administrator may not cause or allow the
development of fiscal jeopardy or loss of budgeting integrity in accordance
with Board Objectives.
3.5 Within the scope of his/her authority and given available resources, the Town
Administrator shall not allow the Town’s assets to be unprotected,
inadequately maintained or unnecessarily risked.
3.6 In order to protect the Board from sudden loss of Town Administrator
services, the Town Administrator may have no less than two other member(s)
of the Town management team familiar with Board and Town Administrator
issues and processes.
3.7 The Town Administrator shall have an Emergency Preparedness Process in place for
the coordination of all emergency management partners – Federal, State, and local
governments, voluntary disaster relief organizations, and the private sector to meet
basic human needs and restore essential government services following a disaster.
3.8 With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity.
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3.9 The Town Administrator shall not permit the Board of Town Trustees to be
uninformed or unsupported in its work.
3.10 With respect to planning for and reporting on Capital Equipment and
Improvements Programs, the Town Administrator may not jeopardize either
operational or fiscal integrity of the organization.
3.11 With respect to Town government's quality of life for the community the
Town Administrator shall not fail to plan for implementing policies of the
Board regarding economic health, environmental responsibility and
community interests.
3.12 With respect to internal operating procedures, the Town Administrator will
insure that the Town may not fail to have internal procedures for the well
being of the Town to promote effective and efficient Town operations.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.1 POLICY TITLE: CUSTOMER SERVI CE
3.1 The quality of life in The Town of Estes Park depends upon the partnership
between citizens, elected officials and Town employees. Therefore, within the
scope of his/her authority, the Town Administrator shall not fail to ensure high
standards regarding the treatment of our citizens.
3.1.1 The Town Administrator shall not fail to encourage the following basic attitudes
in employees:
3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible
services and facilities given available resources.
3.1.1.2 Prompt action is provided to resolve problems or issues.
3.1.1.2.1 – “Prompt Action” shall be interpreted as:
•Citizens receive initial responses at a minimum acknowledging the
receipt of the contact, within two business days
•The appropriate process required to resolve the problem is
initiated withing three business days, whenever possible.
3.1.1.3 Attention is paid to detail and quality service is provided that
demonstrates a high level of professionalism.
3.1.1.4 Each employee represents excellence in public service.
3.1.1.5 Each employee is “the Town” in the eyes of the public.
3.1.2 The success of Estes Park Town Government depends upon the partnership between
citizens, , elected officials and Town employees. Accordingly, regarding the treatment of
citizens and customers, the Town Administrator shall not:
3.1.2.1 Fail to inform citizens of their rights, including their right to due process. , as
they relate to the operations and responsibilities of the Town.
3.1.2.2 Ignore community opinion on relevant issues or make material decisions
affecting the community in the absence of relevant appropriate community
input.
3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis)
about relevant decision making processes and decisions.
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3.1.2.4 Be disorganized or unclear with respect to interactions with the community.
3.1.2.5 Ignore problems or issues raised by the community or fail to address them in
a timely manner. , where the Town Administrator has been delegated the
authority to act, or to fail to inform the Board of issues where he/she may not
have the authority to act.
3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town
employees.
3.1.2.7 Unduly breach or disclose confidential information.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.2 POLICY TITLE: TREATMENT OF STAFF
AND VOLUNTEERS
With respect to the treatment of paid and volunteer staff, the Town Administrator may not
cause or allow conditions which are unsafe, unfair or undignified.
Accordingly, pertaining to paid staff within the scope of his/her authority, the
administrator shall not:
3.2.1 Operate without written personnel policies that clarify personnel rules
for employees.
3.2.2 Fail to acquaint staff with their rights under this policythe adopted
personnel rules upon employment.
3.2.3 Fail to commit and adhere to the policies of Equal Employment
Opportunity and Fair Labor Standards Act.
3.2.4 Fail to make reasonable efforts to provide a safe working environment
for employees, volunteers and citizens utilizing Town services
3.2.5 Operate without written volunteer policies that clarify the
responsibilities of volunteers and of the Town for all volunteers.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.3 POLICY TITLE: FI NANCIAL PLANNI NG
With respect for strategic planning for projects, services and activities with a fiscal impact,
the Town Administrator may not jeopardize either the operational or fiscal integrity of Town
government. Accordingly, the Town Administrator shall not allow budgeting which:
3.3.1. Deviates from statutory requirements.
3.3.2. Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
3.3.3. Contains inadequate information to enable credible projection of
revenues and expenses, separation of capital and operational items,
cash flow and subsequent audit trails, and disclosure of planning
assumptions.
3.3.4. Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available.
3.3.5. Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
3.3.6. Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
3.3.7. Fails to provide for an annual audit.
3.3.8. Fails to protect, within his or her ability to do so, the integrity of the
current or future bond ratings of the Town.
3.3.9. Results in new positions to staffing levels without specific approval of
the Board of Town Trustees. The Town Administrator may approve
positions funded by grants, which would not impose additional costs to
the Town in addition to the grant funds and any temporary positions for
which existing budgeted funds are allocated.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.4 POLICY TITLE: FI NANCI AL CONDI TI ON AND ACTI VI TI ES
With respect to the actual, ongoing condition of the Town government’s financial health, the Town
Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting
integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not:
3.4.1. Expend more funds than are available.
3.4.2. Allow the general fund and other fund balances to decline below to a
level below that established by the Board of Town Trustees by adopted
policy, twenty percent 1 (20%) of annual expenditures as of the end of the
fiscal year, unless otherwise authorized by the Board.
3.4.3. Allow cash to drop to a level below that established by the Board of Town
Trustees by adopted policy, below the amount needed to settle payroll
and debts in a timely manner. , unless otherwise authorized by the
Board.
3.4.4. Allow payments or filings to be overdue or inaccurately filed.
3.4.5. Engage in any purchases wherein normally prudent protection has not
been given against conflict of interest and may not engage in purchasing
practices in violation of state law or Town purchasing procedures.
3.4.6. Use any fund for a purpose other than for which the fund was
established. , unless otherwise authorized by the Board.
1 Per Policy 660 adopted by the Board 2/9/2016
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.5 POLICY TITLE: ASSET P ROTECTI ON
Within the scope of his/her authority and given available resources, the Town Administrator
shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily
risked.
Accordingly, he or she may not:
3.5.1. Fail to have in place a Risk Management program which insures against
property losses and against liability losses to Board members, staff and the
Town of Estes Park to the amount legally obligated to pay, or allow the
organization to be uninsured:
3.5.1.1 Against theft and casualty losses,
3.5.1.2 Against liability losses to Board members, staff and the town itself in
an amount equal to or greater than the average for comparable
organizations.
3.5.1.3 Against employee theft and dishonesty.
3.5.2. Subject plant, facilities and equipment to improper wear and tear or
insufficient maintenance (except normal deterioration and financial
conditions beyond Town Administrator control).
3.5.3. Receive, process or disburse funds under controls insufficient to meet
the Board-appointed auditor’s standards.
3.5.4. Unnecessarily expose Town government, its Board of Town Trustees or
staff to claims of liability.
3.5.5 Fail to protect intellectual property, information and files from loss or
significant damage.
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3.5.6 Acquire, encumber, dispose or contract for real property except as
expressly permitted in Town policy.
3.5.7 Allow internal control standards to be less than that necessary to satisfy
generally accepted accounting/auditing standards recognizing that the
cost of internal control should not exceed the benefits expected to be
derived.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.6 POLICY TITLE: EMERGENCY TOWN ADMINISTRATOR REPLACEMENT AND BACK UP
In order to protect the Board from sudden loss of Town Administrator services, the Town
Administrator may have no fewer than two (2) other members of the Town management team
familiar with Board of Town Trustees and Town Administrator issues and processes.
3.6.1. The Assistant Town Administrator shall act in the capacity of Town
Administrator in his/her absence. In the absence of the Town
Administrator and Assistant Town Administrator a Town Department Head
previously designated by the Town Administrator will act in the capacity
of Town Administrator.
3.6.2. The Town Administrator shall provide the necessary training needed to
enable successful emergency replacement.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.7 POLICY TITLE: EMERGENCY P REPAREDNESS
The Town Administrator shall have an Emergency Preparedness Process in place for coordination
of all emergency management partners – Federal, State, and local governments, voluntary disaster
relief organizations, and the private sector to meet basic human needs and restore essential
government services following a disaster.
3.7.1 The Town Administrator shall be responsible for the assigned
responsibilities identified in the Town of Estes Park Emergency
Operations Plan
3.7.2 The Town Administrator shall not fail to have a business continuity plan for
the Town.
3.7.3 In the event of an emergency, the Town Administrator shall not fail to take
appropriate action immediately to ensure the safety of the public and public
and private assets, including authorizing specific actions by Town staff and
declaring an emergency on behalf of the Board of Town Trustees
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.8 POLICY TITLE: COMP ENSATI ON AND BENEFI TS
With respect to employment, compensation, and benefits to employees, consultants, contract
workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity
of the Town. Accordingly, pertaining to paid workers, he or she may not:
3.8.1. Change his or her own compensation and benefits.
3.8.2. Promise or imply permanent or guaranteed employment.
3.8.3. Establish current compensation and benefits which deviate materially
for the regional or professional market for the skills employed:
3.8.4. Establish deferred or long-term compensation and benefits., without approval
of the Town Board.
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POLICY TYPE: STAFF LIMITATIONS
POLICY 3.9 POLICY TITLE: COMMUNI CATI ON AND SUPPORT TO TH E BOARD
The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its
work.
Accordingly, he or she may not:
3.9.1 Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse
media coverage, material external and internal changes, and particularly changes in
the assumptions upon which any Board policy has been previously established.
3.9.2 Fail to submit monitoring data required by the Board (see policy on Monitoring Town
Administrator Performance in Board/Staff Linkage) in a timely, accurate and
understandable fashion, directly addressing provisions of Board policies being
monitored.
3.9.3 Fail to establish a process that brings to the Board of Town Trustees as many staff
and external points of view, issues and options as needed for informed Board choices
on major policy issues.
3.9.4 Present information in unnecessarily complex or lengthy form.
3.9.5 Fail to provide support for official Board of Town Trustees activities or
communications.
3.9.6 Fail to deal with the Board of Town Trustees as a whole except (a) when fulfilling
individual requests for information.
3.9.7 Fail to report in a timely manner any actual or anticipated noncompliance with any
policy of the Board of Town Trustees.
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Revised 3-12-2014
POLICY TYPE: STAFF LIMITATIONS
POLICY 3.10 POLICY TITLE: CAP I TAL EQUI PMENT AND IMPROVEMENTS P ROGRAMMI NG
With respect to planning for and reporting on capital equipment and improvements programs, the
Town Administrator may not jeopardize either operational or fiscal integrity of the organization.
Accordingly, he or she may not allow the development of a capital program which:
3.10.1 Deviates materially from the Board of Town Trustees’ stated priorities.
3.10.2 Plans the expenditure in any fiscal period of more funds than are conservatively
projected to be available during that period.
3.10.3 Contains too little detail to enable accurate separation of capital and operational
start-up items, cash flow requirements and subsequent audit trail.
3.10.4 Fails to project on-going operating, maintenance, and replacement/perpetuation
expenses.
3.10.5 Fails to provide regular reporting on the status of the budget and on the progress
of each active project, including data such as changes and the financial status of
each project, including expenditures to date.
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Revised 3-12-2014
POLICY TYPE: STAFF LIMITATIONS
POLICY 3.11 POLICY TITLE: GEN ERAL TOWN ADMINISTRATOR CONSTRAI NT-QUALI TY OF LI FE
With respect to Town government's quality of life for the community, the Town Administrator shall not
fail to plan for implementing policies of the Board regarding economic health, environmental
responsibility, and community interests.
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Revised 3-12-2014
POLICY 3.12 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAI NT –I NTERNAL PROCEDURES
With respect to internal operating procedures, the Town Administrator will ensure that the Town has
internal procedures to promote effective and efficient Town operations.
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Revised 3-12-2014
POLICY 3.13 POLICY TITLE: Town Organizational Plan
With respect to internal organizational structure of the Town, the Town Administrator will maintain a
current organizational plan (organizational chart) of the Town, in a graphical format including through
the division level. The Town Administrator will update the plan annually. The current plan shall be
included in the Comprehensive Annual Financial Report each year, and presented to the Board of
Trustees at the first regular meeting following the certification of the results of each biennial election.
Revised 3-25-2014
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July 25, 2017
•Review of Policy Governance Policies.
•Discussion of possible
housing partnership –
America West.
August 8, 2017
•Draft Stormwater Master Plan report.
September 12, 2017
•Making Board e-mails available to the
public – follow up.
December 12, 2017
•Final Review of 2017 Strategic Plan
Items Approved – Unscheduled:
•Discussion of Housing Needs Report
recommendation for a Town Housing
Coordinator
•Building Code Changes to Facilitate
Redevelopment
•3rd Party Building Inspections
Study Session Items for Board
Consideration:
•Alternative for Time-Limited
‘Placeholder’ Vacation Home
Registration
Future Town Board Study Session Agenda Items
July 11, 2017
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