To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager
Title
Discussion/Direction: Town Boards and Commissions Requirements
Body
________________________________________________________________________________
Executive Summary
In the summer, Town Council asked staff to prepare some background information and place on a future Council agenda the topic of several issues related to Town Board and Commissions (Board). Specifically:
1) Possible change to prohibit Board attendance remotely
2) Board membership forfeited after missing two (2) meetings in a 12-month period
3) Change all Board terms to two three-year terms
4) Require all Board members to reside in Castle Rock
5) No remote participation for annual Board interviews
Some Background for Council direction
While a few Town boards have some State law requirements (the Planning Commission and Board of Adjustment are required for municipalities with zoning), Town Council has complete authority in establishing Town boards and their respective requirements. Council made some changes in 2022 to board and commission membership requirements.
1) Possible change to prohibit Board attendance remotely
Town Code Section 2.14.030 - Town board and commission meeting conduct provides:
B. Notwithstanding any provision of this section to the contrary, the Town Council shall have the sole authority to adopt, and amend from time to time, by resolution, rules and procedures governing the remote attendance and participation of board and commission members and the general public by telephone or other electronic means, subject to reasonable qualifications and limitations.
Current practice is that most Boards do not provide for remote attendance or participation by the public. (Town Council members may participate remotely at Council meetings, but we no longer allow the public to participate remotely and have generally not allowed either staff or applicants to participate remotely.) Proponents of allowing board remote participation can point to personal instances where circumstances require them to be away from physical attendance, those not wanting to allow remote participation can point to the importance of physically attending the meeting and some logistics and cost related to remote participation.
2) Possible change Board membership forfeited after missing two (2) meetings in a 12-month period
Town Code Section 2.14.015 - Absences provides:
A. Except for emergency absences, medical condition absences and absences resulting from military leave of less than two (2) continuous months, between June 1 to May 31 of the following year, a board or commission member shall not exceed the following unexcused absences:
1. A board or commission that schedules meetings twice monthly cannot exceed four (4) unexcused absences;
2. 2. A board or commission that schedules meetings monthly cannot exceed three (3) unexcused absences; and
3. 3. A board or commission that schedules quarterly meetings or as needed cannot exceed one (1) unexcused absence.
B. The Town Manager or designee shall determine whether an absence is excused or unexcused.
C. If a Town board or commission member exceeds the number of unexcused absences, the member shall be deemed to have resigned from the board or commission and the Town Council shall appoint a replacement.
D. If a member of the Downtown Development Authority exceeds the number of unexcused absences permitted by subsection A. of this section, such fact shall be considered cause for removal under Section 31-25-806(4), C.R.S.
3) Possible change to all Board terms to two three-year terms
This would require some Town Code changes, which can be accomplished through ordinance changes. The current terms limits are set out below:
2.14.020 - Term limits.
A. Terms for Town board or commission members shall be two (2) years with the following exceptions:1. Downtown Development Authority: Four-year terms; 2. Election Commission: Three-year terms; 3. Board of Building Appeals: Three-year terms; and 4. Design Review Board:
a. Members appointed as representatives from other boards and commissions: One-year terms.
b. Members appointed as property owners within the Downtown Development Authority Boundary: Two-year terms.
B. No Town board or commission member shall serve more than three (3) consecutive two-year terms with the following exceptions:
1. Members of the Historic Preservation Board may serve four (4) consecutive two-year terms;
2. Members of the Election Commission may serve two (2) consecutive three -year terms;
3. Members of the Board of Building Appeals may serve two (2) consecutive three-year terms; and
4. Members of the Downtown Development Authority Board are not subject to the term limitation requirements of this section.
C. Town board and commission term limits shall be retroactive. Any member who has served the maximum number of consecutive terms pursuant to this section by the end of the member's current term will not be eligible for reappointment to a new term.
D. A Town board or commission member must wait two (2) full terms for boards and commissions with two-year terms, and one (1) full term for boards and commissions with three- and four-year terms prior to reapplying to serve on the same Town board or commission for which the member was term limited.
E. A partial term shall not be counted for purposes of determining term limits. for the purposes of this section, a partial term is defined as serving less than one-half (½) of the term.
4) Possible change to require all Board members to reside in Castle Rock
Proponents will include advocacy points for the importance of residency in Castle Rock to know our community, needs, values etc. While opponents may point to specialized knowledge only available to a larger pool of potential applicants that may not include Town residents.
Town Code Section 2.14.010 F provides:
In appointing members of a Town board or commission, preference shall be given, first, to persons who reside in the Town and, second, to persons who reside outside of the Town, but within Douglas County. Discontinuance of residency shall terminate membership. The residency requirement shall not apply to:
1. Members of the Downtown Development Authority who are otherwise eligible to serve pursuant to Section 31-25-806(1), C.R.S.;
2. Any position on a Town board or commission that Town Council has expressly authorized by ordinance to be filled by a non-resident.
3. Any non-resident Town board or commission member serving as of January 18, 2022, will be allowed to serve out their current term.
5) Possible change to no remote participation for Board interviews
Pros and cons are similar to discussion above on remote board meeting participation. Unless otherwise directed by Council, it could be possible to re-schedule some Board interviews (particularly for incumbents) if the interview panel so desires.
Downtown Development Authority (DDA) Requirements
The Downtown Development Authority (DDA) is a quasi-governmental entity that functions as an extension of the Town and is guided by a 7 member board that is appointed by Town Council. It is governed by State law and non-conflicting Town laws.
Colorado Revised Statutes § 31-25-806(1) outlines the qualifications for board members of a downtown development authority (DDA).
The statute states the following:
Residency and property ownership: Each appointed board member, with the exception of any member from the governing body, must either:
Reside in the downtown development district.
Be a business lessee in the district.
Own real property in the district.
Eligibility for appointment: A manager, agent, or employee of a legal entity with a place of business in the district is eligible for appointment.
Ineligibility for appointment: With the exception of a governing body appointee, no officer or employee of the municipality is eligible to be a board member.
Vacancies: If a vacancy occurs on the board, the governing body must appoint a successor within 30 days.
Colorado Revised Statutes Section 31-25-806 (2024)
Proposed Motion
“Direct staff to prepare the necessary resolution or ordinances to implement the board and commission requirements as Council determines”