A. Purpose: The rules of order and procedure are intended as a general guide to various legislative activities and is a compilation of policies, procedures, and rules of order relative to the actions of the town board.
B. Suspension And Amendment Of Rules: The rules of order and procedure may be suspended, amended, or added to by a majority vote of all members of the board of trustees. (Ord. 208, 3-3-1998)
C. Meetings Of The Board Of Trustees: A "meeting" is defined as any kind of gathering, including participation in a telephone conversation, of three (3) or more members of the board of trustees, when such discussion includes public business. Meetings may include the following:
1. Regular Meetings: The board of trustees shall hold regular meetings on the second Tuesday of each month. The only exception to a second Tuesday as the monthly meeting time will be if a recognized holiday falls on that day. In such case the monthly meeting will be held at the same hour on the next succeeding day which is not a holiday. The hour or time at which the meetings shall be held shall be determined by the board and shall be set on an annual basis at the first monthly meeting of each year. The board may change the hour and time during the year provided that at least twenty (20) days' notice of the change of time is given by posting on the front door of the municipal building and a one time publication is made in a newspaper of local circulation. All regular meetings of the board will be held in the municipal building in a room designated by the board. All meetings of the board of trustees, except for executive session as provided by law, shall be open to the public. The board shall cause to be kept complete and accurate minutes of the proceedings and any citizen of the town shall have access to such minutes at reasonable times. (Ord. 260, 12-5-2006, eff. 1-1-2007)
2. Special Meetings: The mayor, or the mayor pro tem if the mayor is absent, or at least three (3) members of the board (as evidenced by each trustee's signature on the written notice described below), may call a special meeting of the board at any time, upon written notice to each board member, either delivered personally or left at his or her residence, at least twenty four (24) hours before the special meeting. The notice shall state the date and hour of the meeting and the purpose for which such meeting is called. No business other than that described in the notice shall be transacted at such special meeting.
3. Board Work Sessions Or Workshops: The board may meet informally in workshops at such time and place as the board may agree for the purpose of receiving reports, discussing town business, or for consideration of relevant information related to town matters. No formal action may be taken at a workshop except as may be approved at a subsequent regular or special meeting of the board. (Ord. 208, 3-3-1998)
4. Executive Sessions: The board may, subject to and pursuant to the requirements of the open meeting law, Colorado Revised Statutes 24-6-401, as amended, hold an executive session outside of public hearing, for reasons allowed or mandated by the state statute. The procedure for the holding of the executive session shall be in conformance with the state law as it exists at the time of the executive session. (Ord. 288, 2-14-2012)
D. Meeting Participants:
1. Presiding Officer: The mayor shall preside over meetings of the town board and have the same right to speak therein as any other member. In the event that the mayor is not present, the mayor pro tem shall be the presiding officer. In case of the absence or disability of both the mayor and the mayor pro tem, the town clerk shall call the board to order and call the roll of members. If a quorum is found to be present, the board shall proceed to elect, by majority vote of those present, a temporary chair to serve as the presiding officer of the meeting until the arrival of the mayor or mayor pro tem. The duties of the presiding officer shall include the following:
a. Open the meeting at the appointed time, and call the meeting to order.
b. Announce the business coming before the board in accordance with the agenda and prescribed order of business including any new agenda items, or direct the town clerk to introduce items of business.
c. Recognize those who are entitled to the floor.
d. State and put to a vote all questions that legitimately come before the board and announce the results of each vote.
e. Enforce the board's rules relating to order and decorum at all meetings, including deciding all questions of order.
f. Declare the meeting adjourned.
2. Trustees (Board Members): Board members are expected to punctually attend all regularly scheduled board meetings and workshops. In case of emergency, board members should notify the town clerk or mayor in advance of the meeting if at all possible. (Ord. 208, 3-3-1998)
3. Town Staff:
a. Town Clerk And Treasurer: The town clerk and treasurer shall be appointed within thirty (30) days following every regular election. The town clerk and treasurer shall attend all meetings of the board unless excused, and shall keep the official minutes of the proceedings as well as perform such other duties as may be requested by the board. (Ord. 288, 2-14-2012)
b. Town Attorney: The town attorney as the board's legal representative, shall attend all meetings of the board unless excused. The town attorney shall have no vote but shall advise the board members as to the legal aspects of all town matters and, upon request, shall provide either a written or oral opinion on questions of law presented by the board members.
c. Other Municipal Officials And Employees: The head of any town department, or any officer or employee of the town, as directed by the board, shall attend meetings of the board of trustees.
E. Agenda And Notice Of Meetings:
1. Agenda Procedures: Prior to each meeting of the board, and no later than five o'clock (5:00) P.M. on the Friday preceding the regular monthly meeting of the board of trustees, the town clerk shall distribute to each board member a packet containing a copy of the agenda of the meeting, any proposed ordinances, resolutions or other relevant written or printed documentation to be presented at the meeting, and a copy of the minutes of the previously held regular or special meeting.
2. Notice Of Meetings: The agenda of meetings shall be posted by the Town Clerk at least twenty four (24) hours prior to the scheduled meeting. The notice shall be posted on the front door of the Municipal Building and at such other places as may be directed by the Board. The posting location shall be designated annually at the first regular Town Board meeting of each calendar year.
F. Meeting Procedures:
1. Quorum: A majority of the members of the entire Board of Trustees shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. Any member of the Board, at any regular or special meeting wherein there is not a quorum present may, in writing, demand the attendance of the absent members, which said demand shall be entered on the record by the Town Clerk in conjunction with the setting of a new meeting date. The only other action that the Board may take in the absence of a quorum is to adjourn the meeting.
2. Rules Of Order: The primary purpose for the use of parliamentary procedures is to protect the rights and privileges of those in deliberation as well as the citizens of the Town. The Scott-Foresman “Roberts Rules of Order Newly Revised”, most recent edition, shall govern the proceedings of the Board in all cases, unless in conflict with State statute.
3. Preservation Of Order: The presiding officer shall preserve order and decorum in all meetings, preventing attacks on personalities or the impugning of members' character or motives.
4. Debate: Each member of the Board has a right to speak on every issue or motion before the Board. When recognized by the presiding officer, a member shall confine his or her remarks to the matter or question then under discussion.
5. Voting: The ayes and nays shall be taken upon the passage of all ordinances, resolutions, and motions, and entered into the minutes. Every member, when present, shall vote unless such member declares a conflict of interest as set forth in Colorado Revised Statues 31-4-404(2) and other relevant state statutes. A vote by voice shall generally be used and a show of hands may be requested by the Mayor for verification. A roll call vote may also be requested by any member of the Board. In the case of a tie vote the Mayor shall cast the deciding vote as allowed by this Code.
6. Conflicts Of Interest: Upon determining that a boardmember has a personal or private interest, potential conflict, or appearance of conflict, proposed or pending before the Board, the member shall request to speak when the particular agenda item is called for discussion and shall either disclose that there may be a personal or private interest, potential conflict, or appearance of conflict, in the matter and that the member will not participate in the discussion or decision; or the member may request legal advice and/or a legal opinion from the Town Attorney.
7. Order Of Business: The routine of the meetings shall follow that format as set forth below unless special circumstances warrant a deviation from such routine:
a. Call To Order And Roll Call: The presiding officer shall open the meeting by calling it to order, citing the date of the meeting and whether the meeting is a regular or special meeting. The roll shall then be called to verify member attendance and to substantiate that the Board has complied with the quorum requirements set forth herein.
b. Pledge Of Allegiance: The presiding officer shall lead in the recitation of the Pledge of Allegiance to the American flag.
c. Approval Of Agenda: The presiding officer will review the agenda calling attention to any additions, deletions, or corrections that may be necessary. The presiding officer shall also call attention to any consent agenda items. The consent agenda is intended to allow the Board to expedite those items that are of a routine nature and not controversial. The consent agenda is provided as a convenience and time savings to the citizens attending the meeting.
d. Approval Of Minutes: The Board shall approve or make such modifications as necessary to the minutes taken by the Town Clerk at the last regular and/or special meeting.
e. Audience To Visitors (Agenda Item): Those Town citizens who have a specific topic or topics that such citizen wishes to have heard or considered by the Board and which topic has not already been listed as an agenda item, shall submit such topic to the Town Clerk no later than four o'clock (4:00) P.M. on the Wednesday preceding the Tuesday Board meeting at which time the resident wishes to have the topic discussed. Such citizen shall be given a reasonable opportunity to present the topic to the Board for discussion.
f. Audience To Visitors (Nonagenda Item): Those Town citizens who do not submit a specific topic for discussion within the time frame allowed above, or visitors to the Board meeting who have not been placed on the agenda, may each be allowed up to three (3) minutes in which to address the Board regarding any issue or topic relevant to Town business. At the Board's discretion such issue or topic may be placed on the agenda of the next regular meeting for consideration and further discussion if the three (3) minute time limit is inadequate to properly address the issue or topic.
g. Reports: Reports, oral or written, to the Board shall be made by the Town Treasurer, heads of department, and the Mayor and Trustees, as available.
h. Unfinished Business: Topics previously discussed but not finally decided by the Board shall be returned to the agenda for discussion and determination by the Board.
i. New Business: The agenda shall include items in which no substantive action has yet been taken by the Board.
j. Other Items And Approval Of Claims And Vouchers: The Board shall consider and determine any other relevant business before the Board and approve appropriate debts or obligations of the Town.
k. Adjournment: Upon no further business, the presiding officer may declare the meeting to be adjourned.
G. General Rules:
1. No Smoking: There shall be no smoking allowed in the deliberative room or rooms during regular, special, or workshop meetings.
2. Visitors: Visitors wishing to participate in or observe the proceedings shall register their presence in writing, which writing shall become part of the minutes and records of the proceeding. The visitor shall inform the Town Clerk or Trustees at the beginning of the meeting as to his or her request to address the Board on any topic or topics. When the particular topic or topics are reached in the agenda the person or persons shall be given the opportunity to speak to the Board. The Board may require the removal of any person who becomes abusive, threatening, or disruptive to the proceedings. Failure to comply with the rules and procedures set forth by the Board may be grounds for the removal of the visitor or the denial of a visitor's request to address the Board or participate in any discussion.
3. Length Of Deliberation: The presiding officer, with the input of the Board, shall determine the amount of discussion to be given to each topic before the Board, whether such topic is an agenda item or not. If the presiding officer, or a majority of the Board, determines that the topic requires further study or fact-finding, or that the topic has been thoroughly discussed, or that such topic is no longer relevant to the interests of the Town, or that the remaining agenda items for discussion require the Board's attention at such meeting, such topic shall be continued to the next meeting, tabled indefinitely, or given other appropriate resolution by the Board.
4. Recess: The presiding officer may call a recess, not to exceed fifteen (15) minutes, at any time during a meeting or at the request of a majority of the Boardmembers, to obtain relevant facts or between items of business.
5. Minutes Of Meeting: An account of all proceedings of the Board of Trustees shall be kept by the Town Clerk and shall be entered in a book constituting the official record of the Board. The minutes shall be primarily a record of the action taken at a meeting and not necessarily what was said by members of the Board. The minutes shall contain a separate paragraph for each subject matter and reflect each subject or item considered and the disposition of each motion, resolution, ordinance, or matter which action is taken. The minutes may be corrected or amended prior to approval and shall not be considered as official minutes until approved by the Board at the next scheduled meeting.
6. Sergeant At Arms: The Town Chief of Police, acting Chief of Police, or such other person as appointed by the Mayor, shall be the enforcing agent of the Board as to the peace and decorum of the Board meetings.
H. Ordinances, Resolutions, And Motions:
1. Ordinances: An ordinance is the most authoritative form of action the Board can take. An adopted ordinance becomes an established rule or law of the Town and remains in effect until otherwise repealed, rescinded, or amended by the Board. Every ordinance shall require the affirmative vote of the majority of the Board for final passage except as provided by Colorado statute. All ordinances, as soon as may be after their passage, shall be recorded in an ordinance book kept for that purpose, and authenticated by the signature of the Mayor and the Town Clerk. All ordinances or bylaws of a general or permanent nature, and those imposing any fine, penalty or forfeiture following adoption shall be published in a newspaper of general circulation within the Town. Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and containing the reasons making the same necessary in separate section and provided that such ordinances shall have been passed by affirmative vote of five (5) of the members of the Board of Trustees. Codes may also be adopted by reference as provided by State law.
2. Resolutions: Resolutions are acts of a relatively permanent nature and remain in effect until repealed, rescinded, or amended by the Board. Generally, resolutions implement or carry out the terms of an ordinance, provide a statement of policy, or express the Board’s opinion on a public matter. Resolutions are generally introduced in written form and may be adopted by a majority of a quorum on the Board. However, resolutions may also be verbally introduced and need not be reduced to writing, unless directed by the Board. Resolutions need not be published but shall be kept on public file.
3. Motions: A motion refers to a formal proposal by a Boardmember that the Board may take action upon. Motions are generally introduced by voice but long or involved motions should be in writing. Main motions shall introduce items of business. A main motion can be made only when no other motion is pending and it ranks lowest in the order of precedence of motions. Subsidiary motions are secondary or supplemental to the main motion and must be dealt with before the main motion can be voted on.
I. Committees: At the first regular meeting following each municipal election, the Mayor shall appoint Trustees to serve on the “Public Works”, “Police”, and “Town Office” subcommittees, as well as any other subcommittee deemed to be useful to Board determinations.
J. Code Of Ethics:
1. Purpose: The proper operation of democratic government requires that actions of public officials be impartial; that government decisions and policies be made in the proper channel of government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a Code of Ethics is adopted to establish guidelines for ethical standards of conduct by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure of private financial or other interest in matters affecting the Town.
2. Definitions: The following definitions shall be applicable in the reading of this Code of Ethics:
ANYTHING OF VALUE: Money, property, favor, service, payment, advance, forbearance, loan, guarantee of loan, or promise of future employment. Such term does not include the solicitation, acceptance, receipt of political campaign contributions regulated by law, or hospitality extended for a purpose related to Town business by a person.
CONFIDENTIAL INFORMATION: All information, whether transmitted orally or in writing, which is of such a nature that it is not, at that time, a matter of public record or public knowledge.
PERSON: Any business, individual, union, committee, club, organization, or group of individuals.
PUBLIC OFFICIAL: Shall mean and include the Mayor, members of the Board of Trustees, and members of any board, commission, authority, or committee associated with the Town.
3. Code Of Ethics: Public officials shall:
a. Strive to protect and enhance the reputation of the Town.
b. Treat all persons equally with courtesy and impartiality, and refrain from granting special advantage to any person beyond what is available to all citizens.
c. Avoid real or potential conflicts between private and public duties, remembering that the public interest must be the principal concern.
d. Keep undisclosed all confidential information acquired by reason of one's position which may be used for personal or financial gain, consistent with the public's right of access to public information.
e. Refrain from securing special privileges or exemptions for one's self or one's relatives or other persons that are not available to all citizens.
f. Avoid receiving, soliciting or otherwise obtaining anything of value from any person which is intended to influence or reward the performance of official duties.
g. Avoid exceeding one's authority or asking for special consideration or asking other persons to do so.
4. Disclosure: Public officials shall declare to the appropriate authority the nature and extent of any financial or personal interest in a Town contract or other legislation or action concerned with Town business or the Town interest. (Ord. 208, 3-3-1998; amd. Ord. 319, 8-11-2020)