The
public is playing an ever increasing role in local government. Citizens concerned about quality of life for themselves and their
families, taxes and governmental services are speaking out as never
before, and are shaping local government in a way that meets their
needs. Indeed, the governing body of a city like Loveland is
composed of citizens elected by their fellow citizens to set policy
and to guide and direct city government.
In
order to assist it in setting direction for the city, the City Council
considers the advice of its various boards and commissions. Citizens who serve on boards and commissions, therefore, play an
important part in translating ideas into programs and suggestions and
concerns into change. They
also expand the knowledge and experience based of the elected decision
makers.
The
City Council has engaged more and more citizens in the process of
government by creating new advisory boards when the need arises.
At present, the City of Loveland has the following advisory bodies:
Affordable Housing Commission
Citizens' Finance Advisory Commission
Communications Technologies Commission
Construction Advisory Board
Cultural Services Board
Disabilities Advisory Commission
Fire & Rescue Advisory Commission
Golf Advisory Board
Historic Preservation Commission
Human Services Commission
Library Board
Loveland Utilities Commission
Open Lands Advisory Commission
Parks & Recreation Commission
Planning Commission
Police Department Citizen Advisory Board
Senior Advisory Board
Transportation Advisory Board
Visual Arts Commission
Youth Advisory Commission
In
addition to the above, the City Council is responsible for making
appointments to several boards and commissions whose power and duties are defined
under state law, and whose functions go beyond advising and making
recommendations to the City Council. Those boards and commissions are:
Employees' Pension Board
Housing Authority
Local Licensing Authority
Police Pension Board of Trustees
Volunteer Firefighters' Pension
Board of Trustees
PURPOSE
The
purpose of this Handbook for Boards and Commissions is to explain the
role of boards and commissions in advising the City Council and to set
forth guidelines to assist in carrying out their work.
CITY
STRUCTURE
In
order to be more effective in fulfilling their purpose, board and
commission members should understand the organizational structure of
the city. The
City of Loveland is a home rule municipality operating pursuant to the
City of Loveland Charter, adopted by the citizens of Loveland in May,
1996. The
citizens have chosen a council-manager form of government. Under
this form, the citizens elect 8 council members, 2 from each
ward, and 1 mayor at large. The entire Council elects the mayor
pro tem.
The
City Council sets the goals and policies for city government, and
annually adopts a budget in support of city activities. City
staff, under the direction of the City Manager, is responsible for
carrying out the direction of the City Council in implementing
programs and services. The municipal judge, City Manager and City
Attorney report directly to the City Council. Department directors and
their staffs are under the direction of the City Manager.
As
the city's chief executive officer, the City Manager oversees
responsibilities for the day-to-day administrative affairs of the
city, including assigning staff to assist boards and commissions in
carrying out their responsibilities. The City Manager is
responsible for conveying and implementing Council policy.
BOARD
MEMBER EXPECTATIONS
Attendance:
The effective operation of a board depends upon regular attendance
of the members at meetings. As a result, for boards which meet
monthly, a member may be removed from the position prior to
expiration to a term when that member is absent from 3 consecutive
meetings, or 4 meetings in a year, for reasons other than illness, unless prior
arrangements have been made with the board for the absence. For
boards that meet more frequently than monthly, a member may be removed
when that member is absent from more than 25% of the meetings, unless
prior arrangements have been made with the board for the absences.
The
chairperson of the board shall be responsible for calling those board
members who are not regularly attending the board's meeting in order
to encourage them to attend. If a board member's attendance does
not improve after being so contacted by the chairperson, the
chairperson shall inform the board member in writing that the board
will be considering a recommendation to Council regarding the member's
possible removal from the board.
If
a member is unable to attend a meeting, the secretary or chairperson
of the board should be notified at least 24 hours in advance of the
meeting. Repeated absences, even if not consecutive, may also be
cause for removal.
Board
members are encouraged to give the chairperson of the board as much
advance notice as possible, preferable 90 days' advance notice, of the
board member's intention to resign from the board and to advise the
chairperson of the intended date of such resignation.
Conflicts
of Interest
The
objective of City council is that the appointed member avoid any
conflict of interest. A member should also carefully consider for himself
or herself avoiding even the appearance of impropriety. Since
there may be areas where board members are unsure or unaware that a
conflict exists, the following guidelines should be considered.
If
a board member has acquired confidential information in the course of
official duties, that information cannot be used to substantially
further the member's personal financial interests. Occasionally
gifts are offered to board members. Rules regarding acceptance of
gifts are set forth in Chapter 2.73 of the City Code.
State
law provides that a board member shall not hold an interest in a
business or undertaking that may possibly be directly and
substantially economically affected by any official action of the
member's board. A board member shall not perform an official act
causing an economic detriment to the member's business or personal
competitors.
For
6 months following termination office, a board member should not
obtain employment in which a direct advantage, unavailable to others,
will be gained in matters with which the board member was directly
involved.
A
board member shall not engage in a substantial financial transaction
for private business purposes with a person under the direction of
that member's board.
If
a member has a personal or private interest in any matter before the
board, the member must disclose the interest to the board, must not
vote on the matter and must refrain from attempting to influence the
other board members in voting on the matter. However, if that member's
participation is necessary to obtain a quorum or to otherwise enable the board to act, the
member may vote, if prior to acting, the interested member discloses
the nature of his private interest. The disclosure shall be made
in writing to the Secretary of State, listing the amount of his
financial interest, if any; the purpose and duration of his services
rendered, if any; and the compensation received for the services
and such other information as is necessary to describe his
interest. Following this procedure, if the interested member
then proceeds to vote, the member shall state for the record that the
member has an interest and shall summarize the nature of the
interest. The member should consider not only his or her
financial interests and investments, but also those of spouse and
children.
If
you are unsure of your legal responsibilities on any matter coming
before your advisory body, you should seek the advice of the City
Attorney's Office as soon as possible before the meeting.
Training
for New Board Members
Recognizing
that a newly appointed board or commission member will need a basic
foundation of knowledge concerning the subject matter having to do
with the particular board or commission, the city will provide
informal and/or formal training opportunities for each newly appointed
member. The Council liaison, staff liaison, and chairperson of
the board or commission shall work cooperatively to establish a
training process which will provide to the new member a basic
foundation of knowledge concerning the subject matter having to do
with the particular board or commission. Where appropriate,
in-service training should be provided which may include presentations
on the responsibility of board and commission members, parliamentary
procedure, conflicts of interest, specific board or commission
mission, consensus and decision making model, city administration
overview, open meetings, and language of local government and commonly
used abbreviation and acronyms.
Board
and commission members should be invited to in-service opportunities
offered by the city. Board and commission members should be
encouraged to identify in-service opportunities which would be
specifically beneficial to their particular board or commission. When possible, exit interviews should be conducted with departing
board and commission members to determine areas in which the city can
be more helpful to the board or commission. The city should
provide funding for appropriate in-service training for board and
commission members.
Board
Responsibilities
Each
advisory board and commission is responsible to investigate and make
thoughtful recommendation to the City council and city staff on issues
coming before it. Such recommendations
are often
most useful if they
include alternatives that were considered and an
analysis of the pros and cons of the alternatives.
Matters
upon which a board makes recommendations can come from the City
Council, from city staff, the citizens of Loveland and from the board
members themselves. The City Council does not wish to impose a
rigid structure upon the thoughts and ideas of any board or
commission, but instead believes that creative and innovative ideas
can come from many different sources. Often, however, ideas will
originate with the consideration and adoption of goals by the City
Council, and boards and commissions will be asked to consider such
goals.
The
normal channels for communication between the City Council and the
boards and commissions are through the City Council liaison to the
board and city staff in the affected department. Such person
will report to the Council the
deliberations and recommendations of the board. The boards and
commissions, and their individual members, are always free to
communicate directly with the City Council on any matter concerning
their areas of responsibility.
In
considering recommendations from boards and commissions, the City
Council will attempt to balance the many diverse interests in our
community.
ORGANIZATION
OF THE BOARD
Each board shall choose a chairperson and a vice chairperson.
Additional offices may be created by the board from time to
time as necessary. If a
city staff person is not made available to serve as
recording secretary, a board shall also choose a recording secretary.
Chairperson:
The chairperson serves as the presiding officer over all meetings.
It is the responsibility of the chairperson to conduct
meetings, keep the discussion on track, encourage the input of ideas
and facilitate the overall decision process.
The chairperson should clarify ideas as they are discussed
and should repeat motions to ensure that all members fully
understand the wording of the item upon which they are voting. It
is also the chairperson's responsibility to sign all documents on
behalf of the board, see that all of the decisions of the board are
carried out properly, and perform any other
duties and functions requested by the board.
The
chairperson, working with the recording secretary, is responsible for
preparing an agenda for each meeting and assuring its circulation in
advance to all members of the board and other persons who have
requested notification and to ensure public notice of the board's
regular and, if any, special meetings.
Vice
Chairperson
The vice chairperson shall perform the duties of the chairperson in
the absence of the chairperson. The vice chairperson shall also
perform any other duties assigned to his office by the board. The vice
chairperson may request the assistance of other members of the board
in carrying out the duties of the office.
Recording Secretary
The recording secretary keeps the record of the board, is
responsible for the minutes of the meeting, and keeps a record of
the proceedings of the board. The
secretary also performs any additional duties or functions that the
board may assign. The
secretary prepares an agenda in advance of each meeting.
A copy of the approved minutes from each meeting shall be deposited
with the Loveland city clerk.
Minutes from meetings shall be recorded as soon as possible.
Officers'
Terms of Office
The term of office for the chairperson and the vice chairperson
shall be a year. Each
officer shall be eligible for reelection.
However, chairpersons
are encouraged not to serve for more than 2 consecutive
years so that other board or commission members may gain experience as
a chairperson. Officers
shall be elected at the next regular meeting following the month of the year in which the
terms of office of the members of the board expire.
Council
Liaison
The
City Council liaison assigned to a board or commission shall serve the
following roles:
1. Communicate with the board or communication when City Council
communication is needed and to serve as the primary two-way
communications channel between the City Council and the board or commission.
2. Participate in filling vacancies, reviewing applications, and
interviewing candidates for the board or commission.
3. Serve as the primary formal
City Council contact.
4. Help resolve questions the board or commission may have about the role
of the City Council, municipal government, and the board or commission.
5. Establish formal or informal contact with the chairperson of the board
or commission and effectively communicate the role of the liaison.
6. Provide procedural direction and relay
the City Council's position to the board
or commission, and to communicate to the board or commission that the
liaison's role is not to direct the board in its activities or work.
7. Serve as
City Council contact rather than an advocate for or ex-officio
member of the board or commission.
CONDUCT
OF MEETINGS
Open
Public Meetings
All meetings at which any public business is discussed where a
quorum of the board is present are public meetings open to the
public at all times. No board or commission shall conduct any closed
meeting without first consulting with the City Attorney's Office
concerning its propriety.
Quorum
The
majority of all of the members of a board shall constitute a quorum.
In order to conduct business at any meeting, a quorum shall be
present. No action shall be taken in the absence of a quorum,
except to adjourn the meeting to a future date.
Special
Meetings
A special meeting may be called by the chairperson or vice
chairperson, or upon the written request of 3 members of the
board.
Notice should be given to each of the board members
by personally serving them or by leaving notice at their usual place
of residence. Notice of special meetings should be given as much in advance as
possible. The notice of a
special meeting shall set forth the time, place, date and purpose of
the meeting.
Attendance at a special meeting constitutes a waiver of the
notice of the meeting.
Public
Notice
Public notice of all meetings where the board may take any formal
action or at which a majority or quorum of the board is expected to
attend shall be given. The
public notice shall be given no less than 24 hours
in advance of the meeting and shall be posted at a location
designated by the City
Council, including the bulletin board outside the City Council
Chambers.
The notice shall contain a specific agenda if possible.
Rules
of Order
Generally, meetings can be held in any manner that assures an
orderly and focused discussion, and facilitates the input of all
members of the board. When necessary, in order to effectively conduct business,
as determined by a majority vote of those present, Robert's Rules of
Order shall be in effect.
Public
Hearings
Occasionally,
a board will be called upon to conduct a public hearing on a matter
coming before it.
A public hearing is a process by which official input on a matter
coming before a board is received from all those wishing to present
testimony. It is a matter of
fundamental due process that decisions made as a result of the
public hearing are based solely upon the evidence presented at the
public hearing, and no prior investigation or discussion should be
conducted by any member. If
members have acquired information from outside the hearing, they
should state during the hearing what the information is and allow
public comment.
The chairperson should declare the public hearing open, and after
hearing public testimony, declare the hearing closed.
Following the public hearing, board members should discuss the
matter among themselves (still in open meeting), and reach a
decision by adopting a motion that sets forth the basis for the
decision.
Any such decision should be set out in the minutes of the meeting.
Further
information regarding the conduct of public hearings is available from the City Attorney's Office.
APPOINTMENTS
AND VACANCIES
Unless
otherwise provided by state law or by the ordinance establishing the particular board or commission, the following guidelines will be used
in dealing with appointments and vacancies to boards and
commissions.
Whenever
a vacancy occurs in a board or commission, whether by expiration of
term of office, removal of a member, resignation or other reason, the following steps will be taken unless otherwise directed by
the City
Council:
1.
The City Council should be notified of the
vacancy through the City Manager's Office. Upon notice of the
vacancy or not less than 75 days prior to the expiration
of a term, whichever is applicable, the City Manager's Office will
cause at least one advertisement for the position to be placed in
a newspaper of general circulation within the city and will advise
all City Council members of the vacancy or anticipated vacancy.
The City Manager's Office shall establish an end of month
closing date for the receipt of applications which date shall be not
less than 30 days from the date of first newspaper advertisement.
Applications received after the closing date shall not be
considered by the interview committee.
In
addition to advertising the position as referenced above, the
following are examples of recruitment methods which should be
pursued, where appropriate, at the discretion of the City Manager, to
complement and enhance the recruitment process.
a.
Send letters of recruitment to:
Civic organizations.
Employers, large and small.
Past applicants for boards and commissions.
b. Do the following:
Design and distribute fliers.
Post in supermarkets, convenience stores and other public
areas.
Direct mail with
the City Council newsletter.
Post in
city volunteer office and distribute to current
volunteers.
Post on bulletin boards throughout city buildings.
Distribute whenever
city forms, such as building permits,
business licenses, job applications, animal licenses, voter registration,
etc., are given out.
c.
Set up recruitment booths:
Police Fair
Chilson
Center
Food Fest
Corn Roast
Earth
Day
Athletic events, community and local high schools.
d.
Take advantage of public information sources:
Utility bills stuffer
Employee
newsletter
Local radio spots
Community entryway signs
Cable TV message board during breaks
in City Council meetings
Press releases (in addition to Dateline)
Guest editorials by
the Mayor or City Council members
Internet
2. The
chairperson of the board with the vacancy should announce the vacancy at the first board meeting after being notified of the vacancy and
urge other board members to solicit qualified candidates.
3.
Applications for the position should be
obtained from and filed with the City Manager's Office. Applications
shall be in a form as determined by the City Manager, but shall
include, without limitation, a question related to the applicant’s
current service on other city boards and commissions.
4.
Private interviews for the vacant position shall occur within
the first 15 days of the month following the closing date for
receipt of applications and shall be scheduled by the City Manager's
Office. The interview
committee shall consist of the following 4 members:
a.
1 member of the City Council selected by the City Council, who shall
serve as chairperson of the interview committee; a second member of
the City Council shall be selected by the City Council as an alternate to
the chairperson to serve when the chairperson is not available or when
the board or commission does not have a City Council liaison;
b.
1 Council City liaison to the board or commission (selected by the
Mayor if the board/commission has more than one Council liaison);
c.
The staff liaison, or designee of the City Manager if the staff
liaison is unable to participate.
d.
The chairperson of the board or commission, or designee of the board
or commission if the chairperson is unable to participate; and
e.
The City Manager if his or her schedule permits.
5.
Immediately following the interviews, the chairperson the chairperson
of the interview committee shall inform the City Manager's office of
its recommendation and the City Manager's Office will cause the matter
to be placed upon the next City Council agenda for consideration of
appointment.
6.
The recommendation of the interview
committee and the appointment by the City Council shall be based
upon qualification, experience, knowledge, interest, willingness to
serve, ward residency, the need for a diverse cross-section of the
community, past and current service on other city boards and
commissions, and other factors deemed relevant by the City Council.
The recommendation of the interview committee shall be
considered but shall not be binding upon the City Council.
7.
The City Manager's Office shall forward a
letter of appointment and a Handbook for Boards and Commissions to the
newly appointed member.
There shall be no term limits for board and commission members
unless the term limits for the board or commission are specifically
set forth in state law or in the City Charter or Code.
In addition, board and commission members may serve on more
than one board and commission at a time unless prohibited from doing
so by state law or by the City Charter or Code.
Any person who has served less than 50% of a full term will be eligible
for consecutive reappointment for a full term, pursuant to the
following process:
1.
90 days prior to the partial term expiration, a letter will
be sent by the City Manager's Office to the member advising the
member that he or she must notify the City Manager's Office in
writing within 15 days of the date of the letter if the member
desires to be reappointed to the board or commission.
If the member provides such notification and if the member
remains otherwise eligible to serve on the board or commission, the
member shall be recommended to the City Council for reappointment
without the need for solicitation of applicants and interviews.
2.
If the member does not provide timely notification as set forth
in paragraph 1, the member will not be eligible for reappointment
without the solicitation of applicants and interviews.
In
the event that a vacancy occurs on a board or commission within 1 year of the date the City Council appointed a member to that
board commission, and the interview committee believes that a
qualified alternate, who was selected in the most recent interview process prior
to the vacancy, is available to serve on the board or commission and
thereby eliminating the need to recommence the interview process, the
interview committee may recommend such qualified alternate to the City
Council without the need for the solicitation of applicants and
interviews.
A
person may participate in the interview process but shall not be
appointed to a board or commission if the person is a member of
another city board or commission unless there are no other qualified
applicants for the board or commission.
Unless
otherwise provided by state law or by the City Charter or Code, a
person shall not be eligible for appointed to a board or commission
unless either:
a)
such person resides within or has substantial ties within the
corporate limits of the city; or
b)
where the City Council determines that the duties and functions
of a board or commission impact, or are likely to impact, areas beyond
the corporate limits, such person resides within or has substantial
ties to the affected area.
Factors
which may be considered in determining whether a person has substantial ties
to the city or an affected are property ownership, employment,
conduct of a business or profession or other factors deemed relevant
by the City Council. Any person who eases to reside in, or has
substantial ties to, the area which was determined to be the basis for
appointment may be removed from the board or commission by the City
Council after a hearing.
Further,
unless otherwise provided by state law or by the City Charter or Code,
no appointment of a person to any board or commission shall have the
effect of increasing the number of nonresident members on that board
or commission no more than (50%) of the Number of Membership
of the board or commission.
A person shall not be eligible for
reappointment to any city board or commission it that person's
spouse, parent, sibling, or child (whether related by blood,
marriage, or adoption) is a city employee who in his or her capacity
as a city employee regularly appears before or advises that board or
commission. This does not prohibit such person from being eligible
for appointment to any other city board or commission not affected
by this eligibility limitation.
EXPENSE REIMBURSEMENT
The city will reimburse any member of a board or commission who
incurs expense for travel, lodging, registration fees and the like,
where such expenses have been provided for in the budget of the
department with which the board is connected.
To make sure that an anticipated expense is authorized, all
subject expenditures must be cleared in advance through the City
Manager's Office.
LIABILITY
When
performing the function for which a member is appointed, such member
is an authorized volunteer of the City of Loveland, and is entitled to
the
