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HomeMy WebLinkAboutPACKET Town Board Study Session 2013-03-26* 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, March 26, 2013 5:00 p.m. Rooms 202/203 170 MacGregor Ave. AGENDA 5:00 p.m. Future Study Session Agenda Items. 5:10 p.m. Town Board Meeting Procedures/Tool Box. 5:50 p.m. Break for Dinner. 6:00 p.m. Policy Governance II – Board/Staff Linkage 6:30 p.m. Meeting Adjourn. To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: March 22, 2013 RE: Future Town Board Study Session Items April 9, 2013 Policy Governance II – Board/Staff Linkage – Part 2 Municipal Code updates – Water Dept. (Leak billing Policy, Tap Fee Policy) April 23, 2013 Strategic Initiatives – Review of Citizen Engagement May 14, 2013 Capital Planning and Management Support for Highland Festival/Evaluation of Special Events May 28, 2013 Town Administrator Performance Review June 11, 2013 Mayor’s Contingency Fund Development Plan Review Process June 25, 2013 July 9, 2013 Proposed Amendments to Policy 101 – Board Assignments Other Items Not Currently Scheduled for Town Board Study Sessions • Board Training – Quasi-judicial and relationship to BOA decisions versus Special Review options • Revision to Stanley Historic District Agreement • Town Administrator Evaluation Process Town Clerk’s Office Memo TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster Date: March 26th, 2013 RE: Town Board Meeting Procedures/Tool Box. Background: Several Trustees have raised questions about several procedural items related to the operation of the Board of Trustees. Some relate to meeting management, some to official protocol and practices. In 2011 the Board adopted several practices that may address some of these issues, while others have not been discussed. Some of these same issues are addressed under the Governing section of Policy Governance. The purpose of this agenda item is to review these items and for the board to come to some consensus on how to handle these issues in the future. Specific issues that have been raise are: • Use of substitute motions, vs amending a motion that's on the floor. Friendly amendment vs non-friendly amendment • Trustee involvement in outside groups representing the board • Meeting Management • Process for limiting speakers time • limiting speakers to the topic at hand • Board committee appointments process. • Trustees' responsibilities to support a Board decision • Amending the Development Code to provide that, when special review is required, that process take place before any variance request may be submitted to the Board of Adjustment Budget: n/a 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. 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. 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 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) ƒ State discussion item with topic to be discussed ƒ Staff Report ƒ Town Board clarification of Staff Report - questions/discussion ƒ Public Comment • Formal Motion/Second (if Ordinance is present, Town Attorney/Town Clerk reads prior to motion) ƒ Motion modifications/amendments if desired ƒ Debate/Discuss motion ƒ 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. 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. 1 Guidance for Chairing Meetings (Adopted March 2011) The Mayor’s function is to apply rules for running the meeting. The rules are designed to define a topic/problem and encourage orderly discussion ultimately producing a majority decision. The Mayor remains a participant in the discussion/debate and decision making, without overshadowing any participants. Order of Business: Call meeting to order Pledge of Allegiance Proclamations and Presentations • The Mayor is responsible for calling the meeting to order, leading the pledge of allegiance and organizing proclamations and presentations. Public Comment (topics not on the agenda) • The Mayor invites citizens to make comments and recognizes the citizens in the order of request. The Mayor has the option to set time limits on public comment. Town Board Comments Liaison reports Town Administrator’s report and report on public comment follow-up • The Mayor requests Town Board comments and liaison reports by Town Board member. The Town Administrator provides report. Consent Agenda • The Mayor asks if any consent items are to be moved to action items and then requests a motion to approve consent items; and asks for a second. The vote is called by the Mayor. The vote tally is announced by the Mayor. Action Items (repeat process for each action item) - State discussion item with motion to be discussed - Staff Report - Clarification of Staff Report by Board questions/discussion - Public Comment • The Mayor states the action item. • Staff/guests provide a report. 2 • If present, the ordinance is read by the Town Attorney or Town Clerk. • The Mayor asks Board members for comments and questions pertaining to the report. • When the Board members’ questions have been answered, Public Comment is requested. • If there is a large attendance, ask for hands from the audience to determine the number of wishing to make comment, and limit time accordingly. To keep the meeting on track, the Mayor may declare comments “out-of-order”. The Mayor states the reason comment is out of order and asks person to make comments pertinent to the motion or sit down. • The Mayor then asks for a formal motion from the Board members, and a second. (Note: the motion must be in a format, causing a “yes vote” to approve a motion and a “no vote” to oppose a motion. The second is only to allow discussion.) The originator of the motion restates the motion for the Town Clerk and Board. Amendments and substitute motions may be taken at this time (see discussion below). • The person making the motion is asked to discuss/debate the motion first. Then each Board member is given a turn to speak. Respectful debate is allowed. • The Mayor asks the Town Clerk to restate the motion or amended/substitute motion. • The Mayor asks the Town Board to vote and reports the vote results. 3 Managing Motions (Adopted March 2011) Three motions are allowed: basic, amended and substitute motions. Basic motion: The original motion made and seconded by the Board. Amended motion: A combination of the basic (original) motion with an addition, deletion or change to it. Substitute motion: The basic motion (and/or amended motion) is completely removed and a new motion is made. The Mayor decides if a motion to amend or substitute is in order. All motions require a second. The Board member making the change restates the revised motion for the benefit of the Town Clerk and Board. Discussion/debate is requested of all Board members on all motions. When there is no more discussion/debate, the Mayor requests the following actions: Example: There are three motions on the floor: Basic, amended and substitute. (Voting on motions: The first vote is taken on the last motion on the floor.) The substitute motion is read by the Town Clerk. The vote is taken. A “YES” vote on the substitute motion ends the voting and the action item is decided by the substitute motion. A “NO” vote requires a vote to be taken on the amended motion. The amended motion is read by the Town Clerk. The vote is taken. A “YES” vote ends the voting and the action item is decided by the amended motion. A “NO” vote requires a vote to be taken on the basic motion. The basic motion is read by the Town Clerk. The vote is taken. A “YES” vote decides the action item. A “NO” vote requires a new motion to continue discussion on the action item. (At this point, the Mayor may request staff to gather more information and continue the action item for a later date.) Executive Session: If an executive session is required, the Mayor or a Board member makes the legally required announcement. The public is asked to leave and the Board moves into Executive Session. Adjournment: The Mayor adjourns the meeting if no other comments are in order, or adjourns to executive session and follows executive session protocol.     Public Guide to Estes Park Town Board Meetings (Adopted March 2011) The Town of Estes Park holds its regular Board Meetings at 7:00 p.m. on the second and fourth Tuesday of every month. These meetings provide a public forum for conducting the business of governance of the Town and provide for public input into that process. All residents are encouraged to attend and participate. In order to provide guidance and order to the Town Board meetings the following format is generally followed on the Agenda: • The Mayor calls the meeting to order. • The Pledge of Allegiance is recited on a voluntary basis. • If there are any proclamations or special presentations they will be acknowledged first. • Public Comment. The public is called upon to provide any comment on any item not on the Agenda for further discussion during the meeting. Comment may be limited due to time constraints in the determination of the Mayor. Generally these comments are not addressed by the Board, but may be referred to staff for further follow-up. • The Mayor will ask the Board if they have any comments. • The Mayor will ask the Board if there are any Liaison reports for groups for which they serve. • The Mayor will ask the Town Administrator for any report or follow up to public comment that may need to be made. These reports are informational only and require neither debate nor vote. The public is not asked to comment on Reports. • The Consent Agenda items are next addressed. The Mayor announces each item on the Consent Agenda. The Consent Agenda items are not open for public comment. However upon request of the Mayor, any Trustee, staff, or member of the public an item shall be removed from the Consent Agenda and moved to the Action Items Agenda which would then allow for public comment. • Action Items. Each Action Item is announced and the motion to be discussed is addressed. Staff will provide detail on each Action Item. The Board may ask staff for further clarification, ask questions and discuss the staff detail. The     Mayor will then open the Action Item up for public comment. The Mayor may limit time for comment based upon the number of the public present wishing to comment, or based upon the discussion being previously commented on by another member of the public requesting that comment subject germane or not previously addressed. Once public comment is closed no further public comment will be entertained on the Action Item. The Mayor will accept a motion, and a second. A motion modification may be entertained. The motion is debated and discussed by the Trustees. Additional motion modification may be entertained. The question may then be called and a vote taken. The Mayor does not vote with the exception of breaking a tie vote. • There are special occasions where legally the Board may vote to enter into Executive Session. Executive Sessions are not open to the public, nor are the discussions in Executive Sessions publicly disclosed. The Mayor shall, prior to the Executive Session, disclose the purpose of the executive session and announce to the public whether or not any action shall be taken by the Board following its reconvening in Regular Session following the Executive Session. In the event there will be action taken by the Town Board following the Executive Session, the action will be taken in Regular Session and open to the public. In the event there will be no action taken by the Town Board following the Executive Session, the Town Board will adjourn immediately following the Board’s return to its Regular Session. • 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. • Adjournment ends the meeting. Town Board meetings can be viewed on Channel 12 TV in real time and on the internet approximately two business days after the meeting at www.estes.org. Governing Policies of the Town of Estes Park Board of Trustees 1 2 Introduction These Governing Policies, as adopted by the Board of Trustees, incorporate four categories of policy. The first category is the Governance Process, which clarifies the board's own job and rules, how they work together and how the Board relates to the citizens of Town of Estes Park. Category two is Board/ Staff Linkages which outlines the delegation and accountability through the Town Administrator. The third Category is Executive Limitations which describes the prudence and ethics, and limitations of the authority and responsibilities of the Town Administrator in his/her role as the Chief Appointed Official for the board directing the staff of the Board of Trustees. The first three all work together to efficiently and effectively implement the fourth Category, which is the vision, direction, and policy of the Board of Trustees. These describe what benefits will occur, for which people, at what cost. To further its accountability to the citizens and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: 1. Ownership: The Board connects its authority and accountability to its “owners” – the citizens and taxpayers of the Town – seeing its task as servant leader to and for them. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command and authority. The Board’s role is that of commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management’s consultant, or adversary. The Trustees—not the staff—bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The Board of Trustees makes authoritative decisions directed toward management and toward itself, its individual Trustees, and committees only as a total group. That is, Town Board authority is a group authority rather than a summation of individual authorities. 4. Goals Policies: The Town Board defines, in writing, the (a) results, changes, or benefits that should come about for specified goals (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible “side benefits” that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as “Goals” in the policies that follow. 3 5. Board Means Policies: The Board of Trustees defines, in writing, those behaviors, values added, practices, disciplines, and conduct of the Board itself and of the Board’s delegation/accountability relationship with its own subcomponents and with the management part of the organization. Because these are not decisions relating to Goals, they are called “Board Means” to distinguish them from “Ends” and “Staff Means”. These decisions are categorized as “Governance Process” and “Board Management Delegation”. 6. Management Limitations Policies: The Board makes decisions with respect to its staff’s means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. These decisions are categorized as “Management Limitations” in the policies that follow. 7. Self-Enforcing – These policies are collectivily adopted by the Estes Park Board of Trustees and as such only the board and individual trustees are responsible for compliance both individually and collectively. TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANUAL Table of Contents Category 1. Governance Process Policy 1.0 Governance Commitment Policy 1.1 Governing Style Policy 1.2 Operating Principles Policy 1.3 Board Job Description Policy 1.4 Mayor’s Responsibility Policy 1.5 Board Members' Code of Conduct Policy 1.6 Board Appointed Committee Principles Policy 1.7 Board Liaison Roles Policy 1.8 Board Committee Principles Policy 1.9 Annual Planning And Agendas 4 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVERNANCE COMMITMENT Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is to see to it that the Town of Estes Park government 1) achieves results for citizens at an acceptable cost and 2) avoids unacceptable actions and situations. 1.1 The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactively rather than reactively. 1.2 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of theTown of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.3 The job of the Board of Trustees is to make contributions which lead the Town Government toward the desired performance and to assure that it occurs. The Board’s specific contributions are unique to its trusteeship role and necessary for proper governance and management. 1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). 1.5 The Board expects of its members ethical and businesslike conduct. 1.6 The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. 1.7 The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.8 Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. 5 6 Committee’s may not vote or adopt policy, but may make recommendations to the Town Board for action. 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re-exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 POLICY TITLE: GOVERNING STYLE The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactive rather than reactive. In this spirit: 1.1.1. The Board of Trustees will operate fully aware of its trusteeship and stewardship obligation to its constituents. 1.1.2. The Board of Trustees will conduct itself individually and collectively with whatever discipline is needed to govern with excellence through: A. Being committed to matters such as policy making principles, role clarification, speaking with one voice and self-policing of any tendency to stray from governance adopted in Board policies. B. Individual Board members’ thorough preparation for meetings and regular attendance. C. Continuation of Board development including orientation of new members in the Board’s governance process, participation in relevant continuing education, and periodic Board discussion of process improvement. 1.1.3. The Board of Trustees will direct, control and motivate the organization through the careful establishment of broad written policies reflecting the Board’s values and perspectives. The Board’s emphasis will be on impacts on the Town outside the organization, not on the administrative means. 1.1.4. The Board of Trustees, as trustee for and working with the citizens of the Town of Estes Park, will be the primary initiator of policy, and will also be receptive to other policy initiatives from citizens and staff. The Board, not the staff, will be responsible for Board performance as specified in the policy entitled Board Job Products. 1.1.5. The Board of Trustees will be accountable to the Citizens of the Town of Estes Park for competent, conscientious and effective accomplishment of its obligations as a body. It will allow no individual, committee or entity to usurp this role or hinder this commitment. 7 8 1.1.6. The Board of Trustees will monitor and discuss the Board’s own process and performance, and ensure the continuity of its governance capability through continuing education and training. 1.1.7. A member of the Board of Trustees who votes in the minority is free to express his/her dissent but will respect the process and legitimacy of the majority decision. 1.1.8 All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. 1.1.9 Agree not to hold grudges or bring disagreements from past actions into future decisions. 1.1.10 A member of the Board of Trustees who, in their sole opinion, believes they have a conflict of interest or for any other reason believes that they cannot make a fair and impartial decision in a legislative or quasi-judicial decision, will recuse themselves from the discussion and decision. Any recusal will be made prior to any board discussion of the issue. 1.1.11 Any Trustee may choose to abstain from voting on any question, at their sole discretion. If there is not conflict of interest or reason for recusal as outlined in 1.1.10, the trustee may participate fully in Board discussions of the issue, yet abstain from voting, should they so choose. POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATING PRINCIPLES The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.2.1 FAIRNESS: We are committed to fairness in our day to day activities. To ensure an atmosphere of fairness, we agree to the following principles: A. We will listen to all sides of an issue. B. We will be fair with each other. C. Citizens will have opportunity to access the Board of Trustees, with the exception of any contact that may be considered ex-parte communication associated with a quasi-judicial decisions. D. We have an obligation to listen to each other, citizens and staff with the understanding that an obligation to listen does not necessarily equate to an obligation to agree or to act as requested. E. We will treat each other as equals. 1.2.2 RESPONSIBILITIES AS ELECTED OFFICIALS: We understand and agree that we have certain responsibilities to the public and community beyond those simply articulated in law. A. We believe we are each responsible for our own actions as Trustees. We will take responsibility for our own actions. B. We agree to address issues and respond to each others requests in a timely and open manner. C. We will give equal weight to rights and responsibilities when making decisions. D. When giving staff responsibility we will grant the appropriate authority to carry out that responsibility. E. We have a fiduciary responsibility to uphold the Constitutions of the United States and the State of Colorado, and all laws and regulations of the United States, the State of Colorado and the Town of Estes Park. 1.2.3. RESPECT: Citizens’ trust in government is critically important. The key to building and maintaining this trust is placing a high value on respecting each other and those we work with and serve as public officials. A. We agree to take others' concerns seriously. B. We agree to accept and respect each other's individuality, supporting each other by capitalizing on our individual strengths, working together, as a team, utilizing each others' expertise, to accomplish our goals and the goals of the Town of Estes Park. C. We believe that information flow within the organization is important and that all affected parties should have all of the information that is important 9 10 to them, whenever possible. D. We agree to respect each other's feelings and ideas and to treat everyone with respect. E. We will make every effort to not just listen but to understand the point from others' perspective. F. We understand that respect comes in many forms and we will make every effort to show respect for others both in our verbal and non-verbal actions. G. We treat those providing input at Town meetings with respect. 1.2.4. HONESTY AND INTEGRITY AND TRUST: As elected officials we will hold ourselves to a high standard of honesty and integrity in the community. A. We will deal with each other honestly. B. We are committed to high standards of ethics in our dealings with each other, employees, and citizens. C. If an interpersonal conflict or problem develops, we will work with the people involved only and strive to settle the conflict or problem in a constructive basis. D. We treat our office as a public trust. The Town’s resources and powers are to be used for the benefit of the public. . E. We refrain from decisions in which our financial or personal interests are specifically affected by a decision and shall adhere to applicable Colorado Law governing conflict of interest. F. We do not accept personal gifts except as specifically allowed by Colorado Law. G. We respect and adhere to our oath of office H. We will abide by Article 29 of the Constitution of the State of Colorado regarding ethical behavior. 1.2.5. COMMUNICATION: We believe that to be effective as elected officials, we must communicate clearly and completely at all times. A. We believe in full disclosure and “no surprises” in our internal operations and in working together as a Board. We will strive for open and candid communication among citizens, staff and each other. B. We are committed to providing our citizens with relevant, accurate and timely information about the Town goals, services, fiscal programs, services provided, and the decisions that will affect the public. C. We believe it is important to keep each other informed of our activities and of issues facing us as a Board of Trustees. 1.2.6 ACCOUNTABILITY: A. We will exercise our authority with open meetings and access to public records. B. We will hold executive sessions only for reasons allowed by Colorado Revised Statutes. C. We are positive advocates for the Town and are accessible to the citizens of Estes Park. POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD JOB DESCRIPTION The job of the Board of Trustees is to lead the Town Government toward the desired performance and to assume a good faith effort toward those objectives. The Board’s leadership is unique to its trusteeship role and necessary for proper governance and management. 1.3.1 The products of the Board shall be: 1. Linkage: As the Town of Estes Park Board of Trustees places a high value on open, participatory government, the board will produce the linkage between Town of Estes Park government and the Citizens of Town of Estes Park. A. Needs Assessment: The Board of Trustees will strive to identify the needs of the citizens as they relate to Town of Estes Park’s activities and scope of influence, and shall translate such knowledge into the articulation of Board Objectives policies (see definition below). B. Advocacy and Ambassadorship: The Board of Trustees will act as the representatives of the citizens to the Town of Estes Park government, and shall take steps to inform and clarify: i. the citizens relationship with government, and ii. the organization’s focus on future results, and as well as present accomplishments. 2. Written governing policies that, at the broadest levels, address each category of organizational decision: A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task B. STAFF LIMITATIONS: Constraints on staff authority which establish the prudence and ethics boundaries within which all Town Administrator and staff activity and decisions must take place. C. BOARD/STAFF LINKAGE: How power is delegated and its proper use monitored; the role, authority and accountability of the Town Administrator (and the Town Attorney).. D. OUTCOMES: Organizational products, effects, benefits, to answer the questions for (what good, for which recipients, and at what cost?). 3. The Board will produce assurance of: 11 12 A. Town Administrator performance (in accordance with policies in 2A and 2B) B. Town Attorney performance (in accordance with policies in 2A and 2B) 4. Adopted resolutions, regulations, ordinances, and fee schedules; legislative positions; the Audit; the Budget; Boards and Commissions; and statutorily mandated items. 1.3.2 Role of Town Trustees 1.3.2.1 Representation: i. Providing leadership for the Town on behalf of the citizens of Estes Park. ii. Representing and acting in the best interest of citizens of the Town of Estes Park. iii. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens’ concerns. iv. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. v. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. vi. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 1.3.2.2 Legislative: I. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. II. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. III. Establishing policy for the direction of the Town Board and Town Staff. IV. Establishing fiscal policy, financial targets, and budget goals for the Town government. V. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 1.3.2.3 Quasi-Judicial: i. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. ii. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during regularly scheduled Town Board meetings. 13 iii. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 1.3.2.4 Communications: I. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. II. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. III. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative of the majority of Trustees unless an official position or legislative action has been established or authorized to do so. IV. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. V. In times of community emergency it is important that the Town Board speak with one voice. The Mayor, or the Mayor Pro-Tem, if the Mayor is not available, shall speak for the Board during an emergency. Other trustees will refer all requests for information to the Mayor or Mayor Pro-Tem. The Mayor will coordinate all communication with the incident commander and the Town Administrator. The purpose of this policy is not to restrict the communication of the trustees or the Mayor, but to insure all communication is timely and accurate and is in concert with the incident response plan. POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR’S RESPONSIBILITY The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). Accordingly: 1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the Board with its own rules and those legitimately imposed upon it from outside the organization. 1.4.1.1. Meeting agendas and discussion content will be only those issues which, according to Board policy, clearly belong to the Board to decide, not the Town Administrator. 1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient, limited to time, and kept to the point. a. 1.4.2. The authority of the Mayor is to preside over meetings and to sign documents as authorized by the Board of Trustees and to preside over the evaluation of the Town Administrator by the Town Board. 1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except as approved by the Board of Trustees. This shall include any appointment of committee or board positions, making any financial or other binding obligations on behalf of the town, or expressing the official position of the Town on any matter. 1.4.4 Representation: 1.4.4.1 Provide leadership for the Town of Estes Park. 1.4.4.2 Serve as the primary representative of the Town of Estes Park in official and ceremonial functions. 1.4.4.3 Represent the Town in interaction with other government agencies. 1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided otherwise. 1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. 1.4.4.6 Represent the Town on the Platte River Power Authority Board. 1.4.5 Enactment: 1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. 14 15 1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code). 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. 1.4.5.4 Mayor with, Town Board approval, appoints members of committees, and other entities that may be necessary from time to time for the effective governance of the Town. 1.4.5.5 Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 1.4.6 Mayor Pro Tem - Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s absence in accordance with Section 2.16.010 of the Municipal Code. 1.4.7 – Mayoral Appointments 1.4.7.1 – Board Standing Committees - “At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: community development, public safety, public works and utilities.” (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010) 1.4.7.2 Special Assignments – The Mayor may appoint other trustees to serve on temporary committees, community groups, interview panels or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been approved by the Board of Trustees (Policy 1.7.) The Mayor shall inform the entire board of any special assignments and will make every effort to distribute special assignments equitably among the members of the Board. 1.4.7.3 Special committees.- Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Ord. 26-88 §1(part), 1988; Ord. 10-10 §1, 2010) POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 POLICY TITLE: BOARD MEMBERS’ CODE OF CONDUCT The Board of Trustees shall operate in an ethical and businesslike manner. Accordingly: 1.5.1. Members of the Board of Trustees must represent unconflicted loyalty to the interests of the citizens of the entire Town. This accountability supersedes any conflicting loyalty such as that to any advocacy or interest groups, or membership on other Boards or staffs. This accountability also supersedes the personal interest of any Board member acting as an individual consumer of the Town government’s services. 1.5.2. Members of the Board of Trustees must avoid any fiduciary conflict of interest, ex-parte communication involving quasi-judicial matters or nepotism conflicts. 1.5.3. Members of the Board of Trustees will act in accordance with the Colorado Revised Statutes and the Code of the Town of Estes Park, as they relate to the Board’s responsibilities and authorities. 1.5.4. Individual Board members can represent the Board on Town matters when delegated those responsibilities by the Board 1.5.5. Members of the Board of Trustees may not attempt to exercise individual authority over the Town government except as explicitly set forth in Board policies. 1.5.5.1. Board of Trustees’ interaction with the Town Administrator or with staff must recognize the lack of authority in any individual Board member or group of Board members except when explicitly authorized by the Board in a public meeting. 1.5.5.2. Individual Board members’ interaction with public, press or other entities must recognize the same limitation except when explicitly authorized by the Board of Trustees in a public meeting. 1.5.5.3. Individual Board members will not formally evaluate the performance of the Town Administrator, his/her staff or the Town Attorney except as that performance is assessed in accordance with explicit Board of Trustees’ policies. 1.5.5.4. Individual members of the Board of Trustees may not intentionally coerce or intimidate Town employees, interfere with Town employees’ duties or authority. 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD APPOINTED COMMITTEE PRINCIPLES For simplicity and clarity in this policy, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens serving the Town of Estes Park. The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. Accordingly: 1.6.1. This policy applies only to committees which are appointed by the Board of Trustees. 1.6.2. Other than those legislatively directed, committees may not speak or act for the Board of Trustees except when formally given such authority for specific and time-limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the staff. 1.6.3. Committees appointed by the board are to help the Board of Trustees do its job, not to help the staff do its job. Committees ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. Committees are not created by the Board to advise staff. The Board understands that at times the Town Administrator or Town Staff may convene ad-hoc or ongoing advisory boards to serve as advisors for operational issues. These advisory groups are subject to the same limitations as Board appointed committees. 1.6.4. In keeping with the Board of Trustees’ broader focus, committees normally will not have direct dealings with current staff operations. Committees cannot exercise authority over staff. 1.6.5. Because the staff works for the Board, they will not be expected to obtain approval of a committee before taking action unless otherwise authorized by state statute, Board policy, or federal regulation. 1.6.6. Because of the differing nature of committees, some of which are defined by state statute, the Board shall have and keep current an operating policy defining the role of different committees and setting forth rules and procedures for Town of Estes Park committees (OPS xxx). 1.6.7 The authority and responsibility of any committee will not duplicate the authority or responsibility of: 17 18 A. The Board of Trustees B. Town Staff C. Any other committee D. Town Auditor E. Town Attorney 1.6.8 All committees will undergo a regular sunset review, at least once every five years, unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees. 1.6.9. Said sunset review shall include a review of the Board and Commission’s MissionStatement, and of the Board of Trustees’ charge to the Committee of their role, responsibility and authority. POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town committees. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.7.1 Appointment - Any Trustee serving as a liaison to any group, either internal or external, shall be appointed by the Town Board. 1.7.2 Term – A Trustee shall serve as the Town Board Liaison solely at the pleasure of the Town Board, with no specific term limit. 1.7.3 Duties of a Liaison 1.7.3.1 Communicate with the committee when Board of Trustees communication is needed and to serve as the primary two-way communication channel between the Town Board and the committee or community group. 1.7.3.2 Review applications, interview candidates and make recommendations to the Town Board for final approval. 1.7.3.3 Serve as the primary Trustees’ contact for the committee or community group. 1.7.3.4 Attend assigned committee or community group meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the committee or group. 1.7.3.5 The liaison is not a member of the committee and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the committee. Participation in board discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. 19 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 POLICY TITLE: BOARD STANDING COMMITTEES For the purpose of this policy, Board Committee is defined as a sub-committee of the Board of Trustees and membership is composed solely of Town Trustees. 1.8.1 Board Committees – The Board shall have the following Board Committees (Ord. 26‐88  §1(part), 1988; Ord. 7‐03 §1, 2003; Ord. 10‐10 §1, 2010) 1.8.1.1 Community Development and Community Services Committee – Responsible for discussions of issues and policy associated with Community Planning, Building and Code Compliance, Fairgrounds and Events, Museum, Senior Center, Visitors Center, Finance and Administration 1.8.1.2 Public Works, Utilities and Public Safety Committee – Responsible for discussions of issues and policy associated with Police, Engineering, Facilities, Parks, Streets, and Utilities. 1.8.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not adopt policy, but shall make recommendations to the Town Board for action. 1.8.3 The following principles shall guide the appointment and operation of all Town Board Committees: 1.8.3.1 Board Committees may not speak or act for the Board except when formally given such authority for specific and time limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Town Administrator. 1.8.3.2 Board Committees cannot exercise authority over staff. Because the Town Administrator works for the full board, he or she will not be required to obtain approval of a Board, Committee or Commission before an executive action. 1.8.3.3 Board committees shall consist of no more than 3 trustees so that the committee is never a quorum of the Town Board. 20 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.9 POLICY TITLE: ANNUAL PLANNING AND AGENDAS     1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re‐exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. Accordingly: 1.9.1 The Town Board annual planning cycle will conclude each year on July 1, so that administrative planning and budgeting can be based on accomplishing a one‐year segment of long‐term Goals. 1.9.1.1 The cycle will start with the Town Board development of its agenda for the next year. In April-May of each year, the Board will adopt its key objectives for the following year. 1.9.1.2 The Town Board will identify its priorities for Goals, objectives and other issues to be resolved in the coming year, and will identify the information‐gathering necessary to fulfill its role. This may include consultations with selected groups in the ownership, other methods of gaining ownership input, governance education, and other education related to Goals issues (e.g. presentations by advocacy groups, demographers, other providers, and staff). 1.9.1.3 The Board of Trustees, with the assistance of the Town Administrator at the commencement of the Town Board annual planning cycle, prepare a tentative agenda plan for the following year’s meetings. 1.9.2 AGENDAS 1.9.2.1 Regular Board Meetings - The Town Clerk will prepare the agenda for any regular meeting of the board, in consultation with the Town Administrator and staff. A draft agenda will be distributed to the Board of Trustees for comment prior to the publication of the agenda. Individual trustees may request agenda matters for Town Board consideration at least two weeks prior to the regular board meeting. If any Trustee objects to an item on the draft agenda when distributed, the Town Administrator will only place items on the agenda with the direction of a majority of the Board. The Town Administrator may add routine administrative and consent items to any Board agenda. 1.9.2.2 Study Sessions – The Town Board will approve the schedule for upcoming Study Sessions. The Mayor, Trustees or staff may request or recommend any appropriate 21 22 matters for Town Board consideration; however the Town Administrator will only place items on a Study Session agenda with the direction of a majority of the Board. 1.9.2.3 By an affirmative vote of a majority of the Trustees present at a meeting, additional matters may be added to the agenda of any such meeting, as long as it is allowed by statute. 1.9.3 The Town Board will attend to Consent Agenda items (those items delegated to the Town Administrator yet required by law or contract to be Town Board‐approved, or minor non- controversial or routine matters) as expeditiously as possible. 1.9.4 Monitoring reports due and/or submitted to the Town Board will be on the Town Board Meeting agenda for acceptance. Discussion of the reports will be only for indication of policy violations or if the Town Board does not consider the Interpretation to be reasonable. Potential, extensive policy revisions under consideration will be scheduled during a Town Board Work Session or future Town Board Meeting.   ‐ 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 T OWN ADM Memo To: Boa From: F Date: xx Subject: Board Po the Boar complian Policy 3.3 impact, th governme This repo occurred _______ Frank La Town Ad MINISTRA ard of Trust Frank Lanca x-xx-xx : SAMPLE OF (QUARTER olicy 2.3 des rd. Policy 3.3 nce in April, J 3 states: "W he Town Adm ent." ort constitut d and further __________ ncaster dministrator ATOR tees aster, Town AN INTERNA RLY MONITOR ignates spec 3, Financial P July, Octobe With respect to ministrator ma tes my assur r, that the da _________ r n Administr AL MONITORIN ING REPORT cific reportin Planning and er and Janua o strategic pla ay not jeopar rance that, a ata submitte _ Example o ACTUAL rator NG REPORT - POLICY 3.3) g requireme d Budgeting r ary. anning for pro rdize either pr as reasonably ed below are only – NOT REPORT EXECUTIVE L ents for me t requires qua ojects, service rogrammatic y interpreted e accurate as AN Fr Town flancast LIMITATIONS to provide i arterly repor es and activiti or fiscal inte d, these con s of this date rank Lancaster Administrator 970.577.3705 ter@estes.org r r 5 g nformation t rting of to ies with a fisc grity of Town cal n nditions have e. e not 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.