HomeMy WebLinkAboutTB Study Session 2010-11-23
Town of Estes Park, Larimer County, Colorado, November 23,
2010
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION
of the Town of Estes Park, Larimer County, Colorado. Meeting held at
Town Hall in Rooms 201/202/203 in said Town of Estes Park on the
23rd day of November, 2010.
Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees
Blackhurst, Elrod, Ericson, Koenig, and Miller
Attending: Mayor Pinkham, Mayor Pro Tem Levine, Trustees
Blackhurst, Elrod, Koenig, and Miller
Also Attending: Town Administrator Halburnt, Deputy Town Administrator
Richardson, Town Attorney White, and Deputy Town Clerk
Deats
Absent: Trustee Ericson
Mayor Pinkham called the meeting to order at 5:30 p.m.
VOLUNTEER BACKGROUND CHECKS.
Subsequent to discussion at the October 12, 2010, Town Board Study Session, Deputy
Town Administrator Richardson researched practices related to performing background
checks or screenings on volunteers and address concerns associated with safety and
liability. Research was conducted primarily on-line and through consultations with Town
Attorney Greg White and Colorado Intergovernmental Risk Sharing Agency (CIRSA)
Attorney Tami Tanoue. DTA Richardson said that volunteers are protected at the
federal, state, and local level, and Town volunteers acting within the scope of their
duties are afforded the same protection as full-time Town employees. The Town
provides volunteers with Volunteer Accident Medical Plan (VAMP) coverage; liability
protection when acting within the scope of defined or instructed duties; and access to
volunteer board liability insurance if the volunteer group is registered as a corporation
with the State of Colorado. Atty. White and Atty. Tanoue agreed that when volunteers
fail to conduct themselves within the scope of their defined duties they face exposure to
personal liability if a claim is filed.
The Town utilizes two types of volunteers: those appointed by the Mayor and approved
by the Town Board, and volunteer groups which are managed through the
administrative process of the Town and/or have a written agreement with the Town
outlining roles, responsibilities and expectations. Attorneys White and Tanoue
recommend background checks be conducted on volunteers who work with the elderly,
with youth, or handle public funds. DTA Richardson said there are three types of
background checks: a national criminal history arrest record check through the National
Crime Information Center (NCIC); a state arrest record check through the Colorado
Crime Information Center (CCIC); and a local records check through local law
enforcement. The most intrusive NCIC background check is specified “for official use
only” and is available to authorized law enforcement agencies for official purposes,
leaving the CCIC and local background checks as options for screening Town
volunteers. Town Administrator Halburnt said that since 2008 background checks have
been done on applicants for advertised board vacancies and proposed that checks be
performed for all other volunteer positions as well.
DTA Richardson said he reviewed the Volunteer Manual for the Town of Breckenridge
which is considered “state of the art”, but found it to be intense and restrictive. He
stated it is the responsibility of management to make sure Town employees work in a
safe, secure environment, and proposed, at a minimum, applying the following five
recommended practices to the management of all Town of Estes Park volunteers:
Town Board Study Session – November 23, 2010 – Page 2
1. An adequate selection and screening process.
2. Job descriptions for volunteers.
3. Adequate routine training for volunteers.
4. Waivers or release of liabilities.
5. If partnered with non-profit groups a written agreement is recommended.
The Trustees questioned whether background checks are too invasive for those wishing
to volunteer in local government; and stressed the need for consistency with Larimer
County practices. Trustee Miller said he considers members of volunteer boards acting
independently from Town direction, legislative volunteers; and those working under the
direction of department heads, administrative volunteers, each dictating a different level
of screening. He expressed concern that background checks may convey mistrust and
discourage participation in local government.
Discussion continued: volunteers are appreciated as they help accomplish the Town’s
mission without increasing budget; five hundred people per year volunteer; concerned
about people convicted of violent crimes working with Town staff; past convictions may
not have anything to do with abilities or security; convictions in states other than
Colorado would not be discovered by background check; require screening for those
volunteers working with seniors, youth, money, and those driving Town-owned motor
vehicles, or driving their own vehicles for Town business; adds a level of bureaucracy
that is not advantageous to the community; background checks at the discretion of
department head would lead to inconsistencies; policy should be consistent and
specific; volunteer liability and counsel recommendation is basis for screening; and
establish volunteer job descriptions and training.
Trustee Koenig suggested establishing processes for all volunteers that would include
training to provide information related to volunteer benefits, general information about
the Town of Estes Park, outline responsibilities and expectations, and offer specialized
training when appropriate.
Asked how information from a background check would be utilized and protected,
Administrator Halburnt said Human Resources procedures meeting statutory
requirements would be followed. She said background check information would not
automatically disqualify an applicant nor be used as a single piece of information to
make a decision about an applicant. She said background checks would not be
performed on all applicants for a vacancy, but only on applicants selected for interviews.
Administrator Halburnt said staff would compile a list of volunteer committees/boards
and departments utilizing volunteers in order to be more specific as to background
check requirements. She also said staff would do further checking in to Larimer
County’s practices related to background checks.
OPEN DISCUSSION.
No discussion due to time constraints.
FUTURE AGENDA ITEMS.
Town Board Study Session – December 14, 2010
• Synopsis of Utility Rate Studies for Light and Power and Water
• Town Board Meeting Procedures
Administrator Halburnt said that additional information related to the topic of health
insurance and self-insurance is being gathered by Dutch Ross of Ross Benefits
Consulting. She said the Town can expect 20% increases annually for coverage with a
fully-insured company.
There being no further business, Mayor Pinkham adjourned the meeting at 6:46 p.m.
Cynthia Deats, Deputy Town Clerk