1. Boards and Commissions - General Provisions
BOARDS AND COMMISSIONS - GENERAL PROVISIONS
2-1-1: APPOINTMENT OF MEMBERS; TERMS
2-1-2: CHAIRPERSON AND VICE-CHAIRPERSON OF BOARD OR COMMISSION
2-1-3: ROLE OF ALTERNATES
2-1-4: VACANCIES OF OFFICE
2-1-5: REMOVAL OF MEMBERS
2-1-6: CONDUCT OF MEETINGS
2-1-7: LEGAL ADVISOR
2-1-1: APPOINTMENT OF MEMBERS; TERMS: (2068 2402 3102 3272 3372 3633 3729)
(A) To be eligible for appointment to a Board or Commission, a person shall have been a resident of the City for at least one (1) year immediately prior to the date of appointment and shall be a registered elector of the City on that date and throughout the appointee's tenure in office.
(B) No person appointed to a Board or Commission shall hold any other City of Westminster office either appointive or elective during his term of service on the Board or Commission.
(C) Each regular member and alternate member shall be appointed by majority vote of City Council for a term of two (2) years, unless a longer or shorter term is required to satisfy the provisions of subsection 2-1-1(E) below. All terms shall expire on December 31, unless City Council has failed to appoint or reappoint a member, in which case the member's term shall be extended until Council action. Any vacancy that occurs prior to the end of a term shall be filled by the City Council within forty-five (45) days after such vacancy occurs, and the appointee shall complete the term of the member or alternate member whose term became vacant.
(D) Each member and alternate member shall serve without compensation.
(E) Terms shall be staggered as follows:
(1) For five (5) member Boards or Commissions, three (3) members shall have terms that expire on even-numbered years and two (2) members shall have terms that expire on odd-numbered years.
(2) For seven (7) member Boards or Commissions, four (4) members shall have terms that expire on even-numbered years and three (3) members shall have terms that expire on odd-numbered years.
(3) For eight (8) member Boards or Commissions, four (4) members shall have terms that expire on even-numbered years and four (4) members shall have terms that expire on odd-numbered years.
(4) For thirteen (13) member Boards or Commissions, seven (7) members shall have terms that expire on even-numbered years and six (6) members shall have terms that expire on odd-numbered years.
(5) Alternates shall have terms that expire on odd-numbered years.
This subsection shall not apply to the Election Commission.
(F) MEMBER EMERITUS: The City Council hereby creates the office of member emeritus of the various Boards and Commissions. City Council shall designate a member of a Board or Commission a member emeritus at such times and for such service as Council deems appropriate. A member emeritus is welcome to continue attendance at a Board or Commission meeting, and the Chairperson and members of the Board or Commission may request the opinion or information of the member emeritus during the portion of the Board or Commission meeting when members of the public customarily speak. The member emeritus will not be a voting member, or an alternate member, of the Board or Commission.
(G) Any personally identifying information, other than name and address, provided by a candidate for a Board or Commission, pursuant to Charter Section 5.1(d) or in connection with an application for office, will be deemed as having been received in confidence and not subject to disclosure under the Colorado Open Records Act, except as may be required by an order of district court. Any such personally identifying information contained in a report, required to be maintained pursuant to Charter Section 5.1(d), shall be redacted by the City Clerk prior to disclosure of the remainder of the report.
2-1-2: CHAIRPERSON AND VICE-CHAIRPERSON OF BOARD OR COMMISSION: (2068 2402) Biennially, at its first regular meeting of an odd-numbered calendar year, each Board or Commission shall elect one (1) of its members to be Chairperson and one (1) of its members to be Vice-Chairperson, each for a term of two (2) years. In the event either position becomes vacant before the end of the term, the Board or Commission shall elect a regular member to serve as acting Chairperson or Vice-Chairperson until the end of the term. No member shall be eligible for election as Chairperson or Vice-Chairperson unless that member has previously served at least one (1) year as a member of the Board or Commission; provided, however, that if no member is so eligible, the Board or Commission shall elect the member it deems best qualified. This Section shall not apply to the Election Commission.
2-1-3: ROLE OF ALTERNATES: (2068 2402) The alternate members of the Board or Commission shall endeavor to follow the same rules of conduct as regular members. The alternate members of the Board or Commission shall attend the meetings of the Board or Commission and shall have all of the rights and powers of the regular members; except that, the alternate member shall not vote or otherwise participate in a matter before the Board or Commission, unless fewer than all regular members are in attendance at the meeting. If the alternate member attends a meeting in a voting capacity, and the public hearing on a matter is continued, the alternate member shall vote on the matter, unless the regular member whose place was taken by the alternate listens to the tape of the prior public hearing, reviews the exhibits, and has become familiar with the matter before the Board or Commission. If a different regular member is absent at the hearing to which the public meeting has been continued, the alternate may vote on the matter in the absent member's place. The alternate may not vote on a matter in which the public hearing has been continued, unless the alternate has listened to the tape of the prior public hearing, reviews the exhibits, and has become familiar with the matter before the Board or Commission.
2-1-4: VACANCIES OF OFFICE: (2068) The office of any member of any Board or Commission shall be declared vacant by the City Council:
(A) For any reason specified by statute or by City Charter as creating a vacancy in office.
(B) If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of the City Charter.
(C) If such officer shall miss four (4) consecutive regular meetings of such Board or Commission, or twenty-five percent (25%) of such meetings in any fiscal year of the City, unless such absences shall be excused by such Board or Commission at the time of each absence.
(D) If the officer is removed from office by the City Council in accordance with the provisions of Section 2-1-5.
2-1-5: REMOVAL OF MEMBERS: (2068) Members of any Board or Commission may be removed from office for any reason specified by Statute for removal of City officers or for any act declared by the City Charter to constitute misconduct in office or to create a vacancy. Alternate members may be removed from office without cause.
2-1-6: CONDUCT OF MEETINGS: (2068 2734 3599)
(A) The Boards and Commissions of the City shall conduct closed executive sessions pursuant to the standards adopted in Section 1-11-3(C), (D), (E), and (F) of this Code, and only for the purposes stated therein. No final action may be taken in a closed executive session.
(B) Unless otherwise provided for in this Code, notice to the public of the meetings of Boards and Commissions shall be given as may be required by the individual by-laws adopted by each Board or Commission.
(C) Any Board or Commission that conducts a public hearing shall record such hearing stenographically or electronically. The Board or Commission may choose stenographic or electronic recording at its sole discretion. A written transcription of the record shall be made upon the request of any person and payment in advance of the estimated cost of production of the transcript. The action of a Board or Commission shall not be invalidated by any mechanical or other malfunction in the recording process.
(D) No member of a Board or Commission shall vote on any question in which he has a conflict of interest, other than the common public interest. On all other questions put to vote, each member who is present shall vote either “yes” or “no,” unless excused by the unanimous consent of the remaining members present. Application to be excused from voting must be made before the vote is called by the presiding officer. The member shall briefly state the reason for his request to be excused and the decision thereon shall be made without debate.
2-1-7: LEGAL ADVISOR: (2068) Any Board or Commission may, upon request, be represented by the City Attorney's Office.
2-1-8: ATTENDANCE: (2772)
(A) Definition: For the purposes of City Charter Section 5.3 concerning vacancies in board and commission offices, whether an absence is “excused” or “unexcused” shall be determined as follows:
"Excused absence" shall mean an absence in instances of family emergency, work-related commitments, medical necessity or vacation outside of the Denver metropolitan area involving the board/commission member.
"Unexcused absence" shall mean an absence when no prior notification is provided to the Chairperson or staff liaison. An absence can also be deemed unexcused when notification is provided to the Chairperson or staff liaison, but the reason for absence does not meet the requirements of an excused absence. An absence is unexcused when it is not related to the instances of family emergency, work-related commitments, medical necessity or vacation outside of the Denver metropolitan area involving the Board or Commission member.
(B) In order for an absence from a meeting to be termed “excused,” the member shall provide notification to the Chairperson or staff liaison, by telephone or in written form, at least twenty-four (24) hours in advance of any regular or special meeting. Such notification may be excused by the Chairperson, only in extenuating circumstances, which shall be considered on a case-by-case basis. The member will be required to provide a reason for the requested absence, which will be reviewed by the Chairperson and declared at the meeting as an excused or unexcused absence by the Chairperson. Upon motion by any unaffected member of the Board or Commission, at the same or next following meeting, the decision of the Chairperson as to whether the absence is excused or unexcused may be reviewed and either sustained or overturned by a vote of the entire Board or Commission. A record of this decision shall be made in the minutes of the meeting.