To: Honorable Mayor and Members of Town Council
From: Lisa Anderson, Town Clerk
Elizabeth Allen, Deputy Town Attorney
Title
Discussion/Direction: Ordinance Amending Various Sections of the Castle Rock Municipal Code Regarding Board and Commission Membership, Term Limits and Bylaws, and Adding Chapter 2.18 Oath of Office [Revised October 15, 2021]
Body
______________________________________________________________________
Executive Summary
At the May 18, 2021 Town Council meeting, Council directed staff to provide a summary of inconsistencies in Town Board and Commission Castle Rock Municipal Code (CRMC) and bylaws related to Member Requirements, Absences, Term Limits, Partial Terms, and Oaths of Office. In addition, staff recommends codifying requirements for the Downtown Development Authority.
Staff has reviewed Castle Rock Municipal Code, State Statutes, the International Building Code, as well as current bylaws for Boards and Commissions, identifying inconsistencies, and recommends the following Code amendments as indicated in the attached Ordinance.
CHAPTER 2.14 - Boards & Commissions
Staff proposes that standard information for Boards and Commissions reside in Section 2.14 23 for board and commission requirements. In addition, we will ask the codifier (Municode) to cross-reference sections elsewhere in the Code that pertain to boards and commissions.
Section 2.14.010(A) - Appointed by Council
The Code currently lists all Town boards and commissions, however;
• The Liquor Licensing Authority is no longer a Town board or commission as it is now presided over by a Hearing Officer as stated in Section 2.17.010 1.
• The appointment of members to the Downtown Development Authority by Town Council was approved by Ordinance 2008-39 2 but was never codified.
• The Downtown Development Authority should be differentiated as it is not a “Town” board or commission, but an authority created pursuant to state statute.
There are various references to Council appointing members to boards in commissions.
|
Board and Commission Members |
Section 2.05.010 3 - Definitions |
|
Board of Adjustment |
Section 17.06.010 4 |
|
Board of Building Appeals |
Section 15.30.090 5 |
|
Design Review Board |
Section 17.42.090 6 |
|
Downtown Development Authority |
Ordinance 2008-39 2 and CRS 31-25-8017 |
|
Election Commission |
Charter 4-4 8 |
|
Historic Preservation Board |
Section 15.64.030 9 |
|
Planning Commission |
Section 2.16.05010 |
Staff proposes the Liquor Licensing Authority be removed from this Section as it was changed to a Hearing Officer by Ordinance 2015-07 and is governed by Section 2.17 1.
Staff proposes codifying that the appointment of members of the Downtown Development Authority are made by Town Council.
Staff proposes that the Downtown Development Authority be differentiated between the Town boards and commissions that are listed within the parenthesis.
Section 2.14.010(B) - Serve at the Pleasure of Council
The Code currently states that all members of the Town boards and commissions serve at the pleasure of Town Council.
State statute provides that Town Council appoints one of its member to the Downtown Development Authority board, which member serves at the pleasure of Council.
Staff proposes codifying that the Town Council member of the Downtown Development Authority serves at the pleasure of Council.
NEW Section 2.14.010(C) - Oath of Office
Council had inquired about requiring all boards and commissions take an oath of office. There are statutory requirements for the Downtown Development Authority board per CRS 31-25-805 7.
Staff proposes codifying that all members of Town Council board and commission and the Downtown Development Authority take an oath of office.
Section 2.14.010(D) - Removal from a Board
The Code currently states Council may remove any member of a Town board of commission by majority vote.
The Downtown Development Authority board members can only be removed for cause per CRS 31-25-806 7 which requires a hearing.
Staff recommends codifying the provisions for removing a member of the Downtown Development Authority board.
Section 2.14.010(E) - Residency Requirement
The Code does not reference where the exception to the residency requirements are found for these three boards:
1. Downtown Development Authority requirements are per CRS 31-25-806(1) 7
2. Historic Preservation Board requirements are per Section 15.64.030 9
3. Public Art Commission are per their bylaws (per Resolution 2001-37) 12
Staff proposes codifying the references for residency requirement exceptions for these boards.
NEW Section 2.14.015 - Absences
The Code currently references absences in Section 2.14.010 23. Staff recommends adding a new Section to address absences.
Staff identified three issues with the current Code:
1. Six absences are currently allowed for all Town boards and commissions, but it is not proportional for boards that meet less frequently.
2. There are conflicts between the existing Code and other Sections in the Code and bylaws.
3. The Chair determines if absences are excused which can cause a conflict if the Chair has an absence.
4. There is no reference to the Downtown Development Authority.
Currently, the Code allows for 6 unexcused absences. Below are the various boards, their meeting frequency, how many absences they currently allow, and any conflict:
Meet twice monthly - Propose leaving at 6 unexcused absences:
|
Planning Commission |
|
Design Review Board |
Meet monthly - Propose amending to 3 unexcused absences:
|
Historic Preservation Board |
Section 15.64.030(C) 9 3 unexcused absences |
|
Castle Rock Water Commission |
Bylaws 2 unexcused absences-amend bylaws |
|
Public Safety Commission |
Bylaws 3 unexcused absences |
|
Parks & Recreation Commission |
Bylaws 3 unexcused absences |
|
Public Art Commission |
Bylaws 3 unexcused absences |
|
Public Works Commission |
Bylaws 3 unexcused absences |
Meet quarterly or as needed - Propose amending to 1 unexcused absence:
|
Board of Building Appeals |
Section 15.30.090(D) 3 unexcused absences 5 |
|
Board of Adjustment |
Section 17.06.010(D) they decide how many 4 |
|
Election Commission |
|
Staff proposes a new Section for Absences and to modify the number of unexcused absences proportionately:
Boards that meet twice monthly - 6 unexcused absences
Boards that meet monthly - 3 unexcused absences
Boards that meet quarterly or less - 1 unexcused absence
Staff proposes Town Manager or designee determine absences if chair absences.
Staff proposes codifying that excessive absences shall be considered a cause for removal from Downtown Development Authority board under Section 31-25-806(4) 7, C.R.S., as amended.
Staff proposes amending Code 15.30.090(D) 5 and 17.06.010(D) 4 to remove the absence clause so it does not conflict with this Section. (These amendments will appear at the end of this memo and the Ordinance so they appear in order)
Section 2.14.020(A) - Term Limits (Terms)
The Code currently does not reference the terms for these boards and commissions:
|
Downtown Development Authority |
4 years |
CRS 31-25-805 7 |
|
Election Commission |
3 years |
Charter 4-4 8 |
|
Board of Building Appeals |
3 years |
15.30.090 5 |
|
DRB reps from other boards |
1 year |
17.42.090 6 |
Staff proposes codifying the terms of these boards.
Section 2.14.020(B) - Term Limits
The Code currently does not codify term limits for two of the boards and does not reference that term limits do not apply to the Downtown Development Authority which is governed by Statute:
|
Downtown Development Authority |
4-year terms |
CRS 31-25-805 7 |
|
Election Commission |
3-year terms |
Charter 4-4 8 |
|
Board of Building Appeals |
3-year terms |
15.30.090 5 |
Staff proposes codifying the Downtown Development Authority is not subject to term limits per CRS 31-25-805 7.
Staff proposes imposing a two term limit for the Election Commission and the Board of Building Appeals to have a consistent six years for a term limit (two (2) three-year terms is equal to three (3) two-year terms)
Section 2.14.020(D) - Term Limits (Waiting Period)
The Code currently references a waiting period of 4 years (two full terms) which does not account for three-year terms. Waiting two terms would not be equitable for three-year terms:
|
Two-year terms |
Wait 2 terms=4 years |
No change=wait 4 years |
|
Three-year terms |
Wait 2 terms=6 years |
Amend to 1 term=wait 3 years |
Staff proposes amending this Section to add that boards with three-year terms must wait one term before reapplying to the same board.
Staff proposes amending the Code to state waiting periods do not apply to the Downtown Development Authority.
Section 2.14.020(E) - Term Limits (Partial Terms)
Currently the Code states partial terms are counted as a full term no matter how many days of the term are served. This is not consistent with Statute.
Staff proposes amending the Code defining partial terms as serving less than a half of a term and that partial terms are not counted towards a term limit.
Section 2.14.040 - Bylaws
The Code currently does not define a format or contents for bylaws.
Staff proposes that a model bylaws template be created to ensure all pertinent information is included and that there are no conflicts with the Code or any other controlling document.
Proposed Reference Notation in the Boards and Commissions Chapter
Staff proposes that Municode add a notation at the end of this Chapter to cross-reference other governing documents for boards and commissions.
The following boards and commissions are further governed by:
|
Board of Adjustment |
Chapter 17.06 4 |
|
Board of Building Appeals |
Chapter 15.30 5, Int’l Building Code |
|
Design Review Board |
Chapter 17.42 6 |
|
Downtown Development Authority |
CRS 31-25-805 7, Ordinance 2008-39 2 |
|
Election Commission |
Charter 4-4 8 |
|
Historic Preservation Board |
Chapter 15.64 9, Local Govt Obligations |
|
Liquor Licensing Authority |
Chapter 2.17 1 |
|
Planning Commission |
Chapter 2.16 10 and CRS 31-23-202 20 |
|
Public Arts Commission |
Resolution 2001-37 11 |
NEW CHAPTER 2.18 - OATH OF OFFICE
Currently, there are various references that contain direction regarding an Oath of Office. Staff proposes that we create a separate Section to identify who is required to take an Oath of Office and define the form of the Oath.
Below are references:
|
Town Council must take an Oath |
Charter 2-7 12 |
|
Town Clerk, Police & Fire Chief must take an Oath |
Charter 3-4 13 |
|
Elected and Appointed Officers must take an Oath |
CRS 31-4-401 14 |
|
Town Manager defined as a Town Officer |
Chapter 2.04 15 |
|
TM, Asst TM, Finance Dir - Financial Officers |
Section 2.04.020 16 |
|
Town Directors defined |
Resolution 2007-157 17 |
|
Council ratifies appointment of Directors |
Section 2.06.030 18 |
|
Downtown Development Authority board |
CRS 31-25-805 7 |
|
Downtown Development Authority Director |
CRS 31-25-815 7 |
|
Form of Oath |
CRS 24-12-101 19 |
Staff proposes that we codify who is required to take an Oath in this Section that:
1. Reaffirms the Charter requirements.
2. Defines Elected and Appointed Officers per CRS 31-4-401 14 as: Town Officer, Primary Financial Officers, Town Directors, and Council-appointed boards and commission members and the Liquor Licensing Hearing Officer.
Staff proposes to provide the form of oath or affirmation as stated in CRS 24-12-101 19 and to add “and the Charter, ordinances, and laws of the Town of Castle Rock” and “for the Town of Castle Rock” to the statement.
CHAPTER 15.64 - HISTORIC PRESERVATION
Section 15.64.030 - Historic Preservation Board established.
The Code currently has a reference to the Boards and Commissions Code that was incorrect on the original ordinance and needs to be corrected.
Staff proposes changing the reference of Chapter 2.17 to Chapter 2.14.
CHAPTER 15.30 - CONSTRUCTION CODE GENERAL ADMINISTRATION
Section 15.30.090 - Board of Building Appeals
(D) mirrors the language in Section 2.14.010 22 except it states three absences are allowed.
Staff proposes referencing 2.14.015 in subsection (D).
CHAPTER 17.06 - BOARD OF ADJUSTMENTS
Section 17.06.010(D) - Organization
(D) currently states they may adopt attendance rules.
Staff proposes referencing Chapter 2.14 in subsection D.
Proposed Motion
Motion #1
“I move to present the proposed Ordinance for first reading at the November 2, 2021 Town Council meeting.”
OR
“I move to make the following amendments to the proposed Ordinance.”
“ I move to present the amended Ordinance for first reading at the November 2, 2021 Town Council meeting.”
Motion #2 (if desired)
“I Move to Direct Staff to work with each Board and Commission to create uniform bylaws that coincide with our Code, Charter, and other controlling documents.”
Attachments
• Ordinance
• 1 Liquor Licensing Authority - Section 2.17.010
• 2 Ordinance 2008-39 Establishing DDA
• 3 Definitions - Section 2.05.010
• 4 Board of Adjustment - Section 17.06.010
• 5 Board of Building Appeals - Section 15.30.090 (and International Building Code)
• 6 Design Review Board - Section 17.42.090
• 7 Downtown Development Authority - CRS 31-25-801-822
• 8 Election Commission - Charter 4-4
• 9 Historic Preservation Board - Section 15.64.030
• 10 Planning Commission - Section 2.16.050
• 11 Public Art Commission - Resolution 2001-037
• 12 Council Oath - Charter 2-7
• 13 Charter Offices - Charter 3-4
• 14 Elected or Appointed Officers Oath - CRS 31-4-401
• 15 Charter Offices - Section 2.04.010
• 16 Town Financial Officers - Section 2.04.020
• 17 Designated Directors - Resolution 2007-157
• 18 Ratification of Directors - Section 2.06.030
• 19 Form of Oath - CRS 24-12-101
• 20 Planning Commission - CRS 31-23-201
• 21 Historic Preservation Board - Certified Local Government Obligations
• 22 Boards and Commissions Code - CMRC 2.14.10