HomeMy WebLinkAboutPACKET Town Board Study Session 2013-04-23* Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
STUDY SESSION
TOWN BOARD
Tuesday, April 23, 2013
4:30 p.m.
Rooms 202/203
170 MacGregor Ave.
AGENDA
4:30 p.m. Future Study Session Agenda Items.
4:40 p.m. Town Board Meeting Procedures/Tool Box.
- Policy 102 – Town Committees
- Policy 103 – Town Board Procedure & Tool Box
5:00 p.m. Break for Dinner.
5:15 p.m. Policy Governance II - Board/Staff Linkages.
6:00 p.m. Discuss Process for Evaluation of Town
Administrator.
6:30 p.m. Meeting Adjourn.
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: April 19, 2013
RE: Future Town Board Study Session Items
May 14, 2013
Capital Planning and Management
Support for Highland Festival/Evaluation
of Special Events
May 23, 2013
Strategic Initiatives – Review of Citizen
Engagement
May 28, 2013
Town Administrator Performance
Review
May 29, 2013
Town Board Retreat
June 11, 2013
Mayor’s Contingency Fund
Development Plan Review Process
June 25, 2013
Update on Insurance Coverage
June 26, 2013
Pre Budget Meeting
July 9, 2013
Proposed Amendments to Policy 101 –
Board Assignments
Other Items Not Currently Scheduled
for Town Board Study Sessions
• Revision to Stanley Historic District
Agreement
Town Clerk’s Office Memo
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: April 23, 2013
RE: Policy review: Policy 102 – Town Committees, Policy 103 – Town Board
Procedures and Tool boxes
Background:
Policy 102 – This policy is revised based on Board discussion on selection and
appointment of committee members at the last Board Study session. Three revisions
are included in the attached redlined version. One in section 102.4.3.2, as suggested
by Trustee Phipps, additional direction under 102.4.4.1.4 concerning interviewing
procedures, and finally a specific timeline for notifications in section 102.4.5.
Policy 103 is a housekeeping item. As part of the policy review process, we are working
to standardize the format for all current town policies so they can be readily accessed
and to aid in indexing and tracking revisions. This policy incorporates the existing
Town Board Tool Boxes, in their existing format, into a standard Town Policy. There is
one revision, as directed by the Board, to the tool box for meeting procedure options
(103.4.1) clarifying the use of motions to reconsider.
Budget:
n/a
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
1
102.1 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.
102.2 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.
102.3 RESPONSIBILITY: The Town Administrator and Town staff shall be responsible for the
implementation of this Policy and Procedure.
102.4 PROCEDURES
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.
102.4.1 DEFINITIONS:
102.4.1.1 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:
102.4.1.2 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.1.2.1 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 Committee
102.4.1.2.2 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 Tree Board
102.4.1.2.3 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
102.4.1.3 Quasi‐judicial Committees: Some committees and commissions are defined in
state statute and have certain statutory responsibilities and authorities, as designated
by statute. 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
102.4.1.4 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
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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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
102.4.1.5 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
102.4.1.6 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.
102.4.1.7 TOWN BOARD LIAISON: The Town Trustee assigned to the committee pursuant to
Governing Policy 1.7
102.4.1.8 STAFF LIAISON: A staff position responsible for the coordination and communication
with the assigned committee and the day‐to‐day support for the committee.
102.4.2 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.
102.4.2.1 Terms for all committee members will be staggered with the exception of ad‐
hoc or temporary committees, which may have a finite sunset.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.2.2 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.
102.4.2.3 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.
102.4.3 RECRUITMENT:
102.4.3.1 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.
102.4.3.2 RECRUITMENT Current committee members are encouraged to help recruit
potential committee members, especially when specific targeted populations or expertise
is required. Staff and Trustees should refrain from recruiting or encouraging any
individuals to apply for any open committee position.
102.4.3.3 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.
102.4.3.4 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 legal residents of the Town of Estes Park and at
least 18 years of age. No individual who is currently serving a sentence after being
convicted of a felony may serve on any Town board. Due to the time commitment
involved, and to allow as many citizens the chance to participate in Town committees,
serving on more than one Town committee at a time is discouraged. However, the Town
Deleted: Departments and c
Comment [FL1]: Suggested by Trustee Phipps.
This probably should have more Board discussion to
determine if you want to have this restriction.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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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.
102.4.4 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.
102.4.4.1 Selection to the committees will be carried out as follows:
102.4.4.1.1 The Town Board or its designee(s) will review the applications.
102.4.4.1.2 The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
102.4.4.1.3 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.
102.4.4.1.4 Applicants for all committees will be interviewed by the Town Board, or
its designees. Any designees will be appointed by the full Town Board.
102.4.4.1.4.1 Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
102.4.4.1.4.2 In cases where the Town receives 20 or more applications for a
committee the Town Board or its designee(s) may screen the pool down to a
smaller group of finalist for interviews.
102.4.4.1.5 The Trustees may request assistance from the staff liaison and other
committee members.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.4.1.6 Recommendations from the interview team will be made to the Town
Board, which will make the appointment(s).
102.4.4.2 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.
102.4.4.3 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.
102.4.5 NOTIFICATION: The Town Clerk’s office will notify applicants of scheduled interviews. The
Town Clerk’s office will also notify applicants and incumbents requesting reappointment, of
appointments and the status of their applications within one week of final Town Board
appointments.
102.4.6 VACANCIES:
102.4.6.1 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.
102.4.6.2 Resignations from any committee should be addressed in writing to the Town
Board or Town Administrator.
102.4.7 COMMITTEE ALTERNATES:
102.4.7.1 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.7.2 Where federal or state laws or municipal ordinances require alternates Section
VII, A is waived.
102.4.7.3 Alternate/non‐voting members who wish to become regular members must
complete an application for the appropriate committee.
102.4.8 STAFF SUPPORT: Staff support is available to committees through the staff liaison assigned
to support each committee.
102.4.8.1 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.
102.4.8.2 It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
102.4.8.3 Staff support and staff liaisons will not be members of the committee to which they
are assigned.
102.4.8.4 It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
102.4.9 TRUSTEES’ LIAISON: Individual Trustees may be assigned as liaisons to a committee by the
Town Board. The role of the Trustee liaison is:
102.4.9.1 To serve as the primary two‐way communication channel between the Town Board
and the committee.
102.4.9.2 If so designated by the Town Board, to review applications, interview candidates and
make recommendations to the Town Board for approval.
102.4.9.3 Serve as the primary Town Board contact with the committee.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
8
102.4.9.4 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.
102.4.9.5 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.
102.4.9.6 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.
102.4.10 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.
102.4.11 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.
102.4.12 RECOGNITION: The Town Board shall recognize the Town’s volunteers annually, in a
manner determined by the Town Board.
102.4.12.1 The Town Board will send a letter of appreciation to all outgoing committee
members in good standing.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.13 OWNERSHIP OF INTELLECTUAL PROPERTY:
102.4.13.1 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.
102.4.13.2 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.
102.4.13.3 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.
102.4.13.4 All documents and publications of any Town committee must be clearly
identified as belonging to or originating from the Town of Estes Park.
102.4.14 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.
102.4.15 DECISION MAKING:
102.4.15.1 Any actions, recommendations or discussions of any committee shall be limited
to the defined objectives of the body as described in the approved bylaws.
102.4.15.2 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
10
102.4.15.3 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.
102.4.16 COMPENSATION AND REIMBURSEMENT:
102.4.16.1 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.
102.4.16.2 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.
102.4.16.3 MEALS: Meals may be provided by the Town as part of regular meetings of the
committee, as budgeted.
102.4.16.4 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.
102.4.17 INSURANCE COVERAGE:
102.4.17.1 General liability (liability other than auto, including general, law enforcement
and professional) is provided to all volunteers.
102.4.17.2 Volunteers are not covered by the Town’s workers’ compensation coverage.
Any injuries incurred while volunteering is the responsibility of the individual volunteer.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
11
102.4.17.3 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.
102.4.17.3.1 Bodily injury or death to passengers (including friends and family) who
are not on official town business.
102.4.17.3.2 Physical damage to non‐Town owned vehicles used on Town business.
102.4.17.4 Property insurance is not provided to any personal property of the volunteer.
102.4.18 CONFLICT OF INTEREST:
102.4.18.1 A conflict of interest occurs when a person’s private, personal relationships or
interests diverge so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
102.4.18.2 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.
102.4.18.3 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.
102.4.19 GIFTS:
102.4.19.1 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 a value of $53from 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐10‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.20 MINUTES:
102.4.20.1 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.
102.4.20.2 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.
102.4.21 AGENDAS:
102.4.21.1 Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
102.4.22 WAIVERS:
102.4.22.1 Any section of this policy can be waived by a majority vote of the Town Board.
___________________________________
William C. Pinkham
Mayor
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐16‐13
References: Governance Policy Manual POLICY 1.9 ANNUAL PLANNING AND AGENDAS
TOWN BOARD POLICY GOVERNANCE
TOWN BOARD PROCEDURES AND TOOL BOXES
103
103.1 Purpose: To establish a uniform procedures and process for how the Town Board will
conduct its meeting and other Town Board official business
103.2 SCOPE: This Policy and Procedure applies to the Board of Trustees and other parties
conducting business with the Board.
103.3 RESPONSIBILITY: The Mayor, Mayor Pro‐Tem and Town Trustees shall be responsible for
the implementation of this Policy and Procedure.
103.4 PROCEDURES: The Town Board will conduct its business in a manner consistent with the
following Tool Box guidelines, adopted by the Town Board in March 2011 as amended.
103.4.1: Tool Box for Meeting Procedure Options
103.4.2: Code of Conduct for the Estes Park Board of Trustees
103.4.3: Town Board Meeting Order of Business
103.4.4: Town Board Motions
___________________________________
William C. Pinkham
Mayor
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103.4.1
Tool box for: Meeting Procedure Options
(Adopted March 2011)
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.
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.
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103.4.2
Code of Conduct for the Estes Park Board of Trustees
This Policy prescribes guidelines for behaviors of Town Trustees and appointed officials
in the performance of their official duties and interaction with both the Public and Town
Administration. Some ethical requirements are enforced by Federal, State or local laws.
Others rely on training or on an individual’s desire to do the right thing.
“Ethics” means positive principals of conduct and is defined as the rules or
standards governing the conduct of a person or member of a group or profession.
Trust:
Trustees treat their office as a public trust. The Town’s resources and
powers are to be used for the benefit of the public.
Trustees shall act in good faith, be honest and honorable in all dealings
and strive to provide a balanced approach in establishing policy.
Trustees refrain from decisions in which their financial or personal
interests are specifically affected by a decision and shall adhere to
applicable Colorado Law governing conflict of interest.
Trustees do not accept personal gifts except as specifically allowed by
Colorado Law.
Respect:
Trustees interact with the public, administration, employees and each
other in a respectful manner.
Trustees treat those providing input at Town meetings with respect.
Trustees respect and adhere to their oath of office
Accountability:
The Board of Trustees exercises its authority with open meetings and
access to public records.
The Board of Trustees hold executive sessions only for reasons allowed
by Colorado Revised Statutes.
Trustees are positive advocates for the Town and are accessible to the
citizens of Estes Park.
Leadership:
The Board of Trustees upholds the laws and ordinances of the Town of
Estes Park and the State of Colorado.
The Board of Trustees represents the citizens of Estes Park, and strives to
meet the adopted mission and vision statements for the betterment of the
community.
The Board of Trustees establishes policies for the governance and safety
of the community, sets fiscal policy and decides long term priorities.
The Board of Trustees acts as a body to strive for a balanced approach to
meet the current and future needs of its citizens.
Colorado Statute reference: CRS 24-18-101, et seq.; 24-18-201, et seq. and CRS 24-6-
402. Adopted 02/10
4
103.4.3
Town Board Meeting
Order of Business
(Adopted March 2011)
• Call meeting to order
• Pledge of Allegiance
• Proclamations and Presentations
• Public Comment
• Town Board Comments
• Liaison Reports
• Town Administrator’s Report and Public Comment Follow-up
• Consent Agenda
• Action Items (repeat process for each action item)
• State discussion item with topic to be discussed
• Staff Report
• Town Board clarification of Staff Report - questions/discussion
• Public Comment
• Formal Motion/Second (if Ordinance is present, Town Attorney/Town Clerk reads prior
to motion)
• Motion modifications/amendments if desired
• Debate/Discuss motion
• Motion modifications/amendments if desired
• Mayor calls for vote
• Vote
• Additional 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
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.
5
103.4.4
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.
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster
Date: March 26th, 2013
RE: GOVERNING POLICIES – BOARD /STAFF LINKAGES
Background:
The Town Board has been working on adopting the Policy Governance model of
governance for the Town. Previously the Board official adopted the first section of
Policy Governance concerning Board Governance and will be considering the second
section on Staff Limitations at the regular board meeting tonight. This is the third policy
section of the Town’s Policy Governance Manual concerning Board/Staff Linkages
which defines the Board’s expectations from the Town Administrator and the Town
Attorney and how the Board will measure those expectations.
Budget:
n/a
Dr
1
aft 3 1-4-13
TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
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
Draft 3 1-4-13
2
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.0 POLICY TITLE: GOVERNANCE - MANAGEMENT CONNECTION
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.
Draft 3 1-4-13
3
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.1 POLICY TITLE: DELEGATION TO THE TOWN
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.
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, 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.
Draft 3 1-4-13
4
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.2 POLICY TITLE: TOWN ADMINISTRATOR JOB DESCRIPTION
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.
Draft 3 1-4-13
5
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.3 POLICY TITLE: MONITORING 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.
2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town Administrator
in March which will include a summation examination of the monitoring data acquired
during that period.
Draft 3 1-4-13
2.3.7 The Board of Trustees will monitor the Town Administrator's performance with respect to
these expectations on a routine basis.
Town Administrator Performance Expectations Review Schedule
6
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 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
Draft 3 1-4-13
7
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.4 POLICY TITLE: TOWN ATTORNEY
The Town Attorney represents the Board of Trustees and anyone acting on its behalf so long as they are not
acting in conflict with the Board of Trustee sor 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 as follows:
RULE 1.13. ORGANIZATION AS CLIENT
(a) A lawyer employed or retained by an organization represents the organization
acting through its duly authorized constituents.
(b) If a lawyer for an organization knows that an officer, employee or other person
associated with the organization is engaged in action, intends to act or refuses to act
in a matter related to the representation that is a violation of a legal obligation to the
organization, or a violation of law that reasonably might be imputed to the
organization, and is likely to result in substantial injury to the organization, the lawyer
shall proceed as is reasonably necessary in the best interest of the organization. Unless
the lawyer reasonably believes that it is not necessary in the best interest of the
organization to do so, the lawyer shall refer the matter to higher authority in the
organization, including, if warranted by the circumstances, to the highest authority that
can act on behalf of the organization as determined by applicable law.
(c) Except as provided in paragraph (d), if
(1) despite the lawyer's efforts in accordance with paragraph (b) the highest authority
that can act on behalf of the organization insists upon or fails to address in a timely
and appropriate manner an action, or a refusal to act, that is clearly a violation of law,
and
(2) the lawyer reasonably believes that the violation is reasonably certain to result in
substantial injury to the organization, then the lawyer may reveal information relating
to the representation whether or not Rule 1.6 (Colorado Rules of Professional Conduct
for Attorneys ) permits such disclosure, but only if and to the extent the lawyer
reasonably believes necessary to prevent substantial injury to the organization.
(d) Paragraph (c) shall not apply with respect to the information relating to a lawyer's
representation of an organization to investigate an alleged violation of law, or to
Draft 3 1-4-13
8
defend the organization or an officer, employee or other constituent associated with
the organization against a claim arising out of an alleged violation of law.
(e) A lawyer who reasonably believes that he or she has been discharged because of
the lawyer's actions taken pursuant to paragraph (b) or (c), or who withdraws under
circumstances that require or permit the lawyer to take action under either of those
paragraphs, shall proceed as the lawyer reasonably believes necessary to assure that
the organization's highest authority is informed of the lawyer's discharge or
withdrawal.
(f) In dealing with an organization's directors, officers, employees, members,
shareholders or other constituents, a lawyer shall explain the identity of the client
when the lawyer knows or reasonably should know that the organization's interests are
adverse to those of the constituents with whom the lawyer is dealing.
(g) A lawyer representing an organization may also represent any of its directors,
officers, employees, members, shareholders or other constituents, subject to the
provisions of Rule 1.7.( Colorado Rules of Professional Conduct for Attorneys) If the
organization's consent to the dual representation is required by Rule 1.7, the consent
shall be given by an appropriate official of the organization other than the individual
who is to be represented, or by the shareholders.
2.4.2 Accountability of the Town Attorney -
2.4.2.1 The Town Attorney shall report directly to the Board of 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.”
Draft 3 1-4-13
9
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.
All assistant Town Attorneys shall serve at the pleasure of the Town Attorney.
2.4.3 Job Products of the Town Attorney
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
officers 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.
Draft 3 1-4-13
10
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 other than that in the Office of the
Town Attorney.
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 may monitor Town Attorney performance with respect to these
expectations at any time, but the Board intends to monitor Counsel’s performance
annually each _________.
Comment [FL1]: Add a month here where you
want to do reviews for the TA.
Rev 8-9-2010
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3.3.1. The Town Administrator shall not allow budgeting which Deviates from
statutory requirements.
REPORT: The current budget and any proposed budget revisions have all been prepared in
compliance with applicable statutory requirements. I am therefore reporting compliance.
3.3.2. The Town Administrator shall not allow budgeting which Deviates
materially from Board-stated priorities in its allocation among competing
budgetary needs.
REPORT: The current budget and any proposed budget revisions have all been prepared in
following the Board stated priorities expressed during the budget adoption process. I am
therefore reporting compliance.
3.3.3. The Town Administrator shall not allow budgeting which 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.
REPORT: There were problems with the accounting software that affected the cash flow
audit trail for the current budget. The widgets were broken due to a bug in the system.
We are working with the software company who is aware of the problem and should have
it fixed by the end of the quarter. The rest of the budget is fine I therefore am reporting
only partial compliance.
3.3.4. The Town Administrator shall not allow budgeting which 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.
REPORT: The current budget for all Town funds do not contain any plans for expenditures
in any fiscal year of more funds than are conservatively projected to be received in that
period, or which are otherwise available. I therefore report compliance.
3.3.5. The Town Administrator shall not allow budgeting which reduces
fund balances or reserves in any fund to a level below that established by the
Board of Trustees.
REPORT: The current budget reduces the fund balance in the general fund to 20% in order
to pay for a bunch of things we really don’t need. I therefore report cannot report
compliance.
3.3.6. The Town Administrator shall not allow budgeting which Fails to
maintain a Budget Contingency Plan capable of responding to significant
shortfalls within the Town’s budget.
REPORT: The current budget includes appropriate contingency funding. I am therefore
reporting compliance.
3.3.7. The Town Administrator shall not allow budgeting which fails to
provide for an annual audit.
REPORT: The 2012 audit is in progress. I am therefore reporting compliance.
3.3.8. The Town Administrator shall not allow budgeting which fails to
protect, within his or her ability to do so, the integrity of the current or future
bond ratings of the Town.
REPORT: Nothing in the current budget as adopted fails to protect the integrity of the
current or future bond ratings of the Town. I am therefore reporting compliance.
3.3.9. The Town Administrator shall not allow budgeting which results in
new positions or additions to the staffing document without specific approval of
the Board of 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.
REPORT: No new positions or additions to the staffing document have been added without
specific approval of the Board of Trustees other than those grant positions that are 100%
grant funded, as allowed by adopted policy. I am therefore reporting compliance.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
1
102.1 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.
102.2 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.
102.3 RESPONSIBILITY: The Town Administrator and Town staff shall be responsible for the
implementation of this Policy and Procedure.
102.4 PROCEDURES
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.
102.4.1 DEFINITIONS:
102.4.1.1 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:
102.4.1.2 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
2
102.4.1.2.1 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 Committee
102.4.1.2.2 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 Tree Board
102.4.1.2.3 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
102.4.1.3 Quasi‐judicial Committees: Some committees and commissions are defined in
state statute and have certain statutory responsibilities and authorities, as designated
by statute. 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
102.4.1.4 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
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
3
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
102.4.1.5 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
102.4.1.6 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.
102.4.1.7 TOWN BOARD LIAISON: The Town Trustee assigned to the committee pursuant to
Governing Policy 1.7
102.4.1.8 STAFF LIAISON: A staff position responsible for the coordination and communication
with the assigned committee and the day‐to‐day support for the committee.
102.4.2 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.
102.4.2.1 Terms for all committee members will be staggered with the exception of ad‐
hoc or temporary committees, which may have a finite sunset.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.2.2 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.
102.4.2.3 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.
102.4.3 RECRUITMENT:
102.4.3.1 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.
102.4.3.2 RECRUITMENT Current committee members are encouraged to help recruit
potential committee members, especially when specific targeted populations or expertise
is required. Staff and Trustees should refrain from recruiting or encouraging any
individuals to apply for any open committee position.
102.4.3.3 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.
102.4.3.4 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 legal residents of the Town of Estes Park and at
least 18 years of age. No individual who is currently serving a sentence after being
convicted of a felony may serve on any Town board. Due to the time commitment
involved, and to allow as many citizens the chance to participate in Town committees,
serving on more than one Town committee at a time is discouraged. However, the Town
Deleted: Departments and c
Comment [FL1]: Suggested by Trustee Phipps.
This probably should have more Board discussion to
determine if you want to have this restriction.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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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.
102.4.4 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.
102.4.4.1 Selection to the committees will be carried out as follows:
102.4.4.1.1 The Town Board or its designee(s) will review the applications.
102.4.4.1.2 The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
102.4.4.1.3 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.
102.4.4.1.4 Applicants for all committees will be interviewed by the Town Board, or
its designees. Any designees will be appointed by the full Town Board.
102.4.4.1.4.1 Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
102.4.4.1.4.2 In cases where the Town receives 20 or more applications for a
committee the Town Board or its designee(s) may screen the pool down to a
smaller group of finalist for interviews.
102.4.4.1.5 The Trustees may request assistance from the staff liaison and other
committee members.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.4.1.6 Recommendations from the interview team will be made to the Town
Board, which will make the appointment(s).
102.4.4.2 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.
102.4.4.3 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.
102.4.5 NOTIFICATION: The Town Clerk’s office will notify applicants of scheduled interviews. The
Town Clerk’s office will also notify applicants and incumbents requesting reappointment, of
appointments and the status of their applications within one week of final Town Board
appointments.
102.4.6 VACANCIES:
102.4.6.1 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.
102.4.6.2 Resignations from any committee should be addressed in writing to the Town
Board or Town Administrator.
102.4.7 COMMITTEE ALTERNATES:
102.4.7.1 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.7.2 Where federal or state laws or municipal ordinances require alternates Section
102.3.7.1 is waived.
102.4.7.3 Alternate/non‐voting members who wish to become regular members must
complete an application for the appropriate committee.
102.4.8 STAFF SUPPORT: Staff support is available to committees through the staff liaison assigned
to support each committee.
102.4.8.1 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.
102.4.8.2 It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
102.4.8.3 Staff support and staff liaisons will not be members of the committee to which they
are assigned.
102.4.8.4 It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
102.4.9 TRUSTEES’ LIAISON: Individual Trustees may be assigned as liaisons to a committee by the
Town Board. The role of the Trustee liaison is:
102.4.9.1 To serve as the primary two‐way communication channel between the Town Board
and the committee.
102.4.9.2 If so designated by the Town Board, to review applications, interview candidates and
make recommendations to the Town Board for approval.
102.4.9.3 Serve as the primary Town Board contact with the committee.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
8
102.4.9.4 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.
102.4.9.5 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.
102.4.9.6 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.
102.4.10 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.
102.4.11 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.
102.4.12 RECOGNITION: The Town Board shall recognize the Town’s volunteers annually, in a
manner determined by the Town Board.
102.4.12.1 The Town Board will send a letter of appreciation to all outgoing committee
members in good standing.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.13 OWNERSHIP OF INTELLECTUAL PROPERTY:
102.4.13.1 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.
102.4.13.2 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.
102.4.13.3 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.
102.4.13.4 All documents and publications of any Town committee must be clearly
identified as belonging to or originating from the Town of Estes Park.
102.4.14 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.
102.4.15 DECISION MAKING:
102.4.15.1 Any actions, recommendations or discussions of any committee shall be limited
to the defined objectives of the body as described in the approved bylaws.
102.4.15.2 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.15.3 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.
102.4.16 COMPENSATION AND REIMBURSEMENT:
102.4.16.1 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.
102.4.16.2 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.
102.4.16.3 MEALS: Meals may be provided by the Town as part of regular meetings of the
committee, as budgeted.
102.4.16.4 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.
102.4.17 INSURANCE COVERAGE:
102.4.17.1 General liability (liability other than auto, including general, law enforcement
and professional) is provided to all volunteers.
102.4.17.2 Volunteers are not covered by the Town’s workers’ compensation coverage.
Any injuries incurred while volunteering is the responsibility of the individual volunteer.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.17.3 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.
102.4.17.3.1 Bodily injury or death to passengers (including friends and family) who
are not on official town business.
102.4.17.3.2 Physical damage to non‐Town owned vehicles used on Town business.
102.4.17.4 Property insurance is not provided to any personal property of the volunteer.
102.4.18 CONFLICT OF INTEREST:
102.4.18.1 A conflict of interest occurs when a person’s private, personal relationships or
interests diverge so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
102.4.18.2 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.
102.4.18.3 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.
102.4.19 GIFTS:
102.4.19.1 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 a value of $53from 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.
Effective Period: Until Superseded
Review Schedule: Annual ‐ January
Effective Date: DRAFT 4‐22‐13
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD POLICY GOVERNANCE
TOWN COMMITTEES
102
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102.4.20 MINUTES:
102.4.20.1 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.
102.4.20.2 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.
102.4.21 AGENDAS:
102.4.21.1 Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
102.4.22 WAIVERS:
102.4.22.1 Any section of this policy can be waived by a majority vote of the Town Board.
___________________________________
William C. Pinkham
Mayor
Draft 5 4-22-13
1
TOWN OF ESTES PARK
GOVERNING POLICIES MANUAL
Table of Contents
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
Draft 5 4-22-13
2
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.0 POLICY TITLE: GOVERNANCE - MANAGEMENT CONNECTION
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.
Draft 5 4-22-13
3
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.1 POLICY TITLE: DELEGATION TO THE TOWN
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, 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.
Draft 5 4-22-13
4
POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.2 POLICY TITLE: TOWN ADMINISTRATOR JOB DESCRIPTION
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.
Draft 5 4-22-13
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POLICY TYPE: BOARD/STAFF LINKAGE
POLICY 2.3 POLICY TITLE: MONITORING 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.
2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town Administrator
in March which will include a summation examination of the monitoring data acquired
during that period.
Draft 5 4-22-13
6
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 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
Draft 5 4-22-13
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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
Deleted: so
Draft 5 4-22-13
8
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.
Draft 5 4-22-13
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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 Administrator’s performance with respect to
these expectations on a routine basis.