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HomeMy WebLinkAbout05. VLMD Board Training DocVLMDAC New Board Training Town of Vail –Colorado Home Rule •Colorado cities and towns operate under provisions of Colorado state statutes unless voters adopt a municipal charter to become a “Home Rule” city or town. •Town of Vail’s charter was adopted on September 12, 1972 and most recently updated on November 6, 2012. The Role of Boards and Commissions •Town Council appoints members and service is at the direction of the council. •Boards, commissions and citizen committees provide governing body with a great deal of assistance by recommending public policy and transforming policy decisions into action. •Boards and commissions can be identified as an advisory body or decision-making body. •Serving on a board means serving in a new role –You are not serving as a resident or individual •You are part of a group in action not an individual acting on your own behalf; please “stay in the group lane” HI patty! The Role of VLMDAC Board Member •The Vail Local Marketing District Advisory Council is appointed by the VLMD (comprised of town council members). •You serve in an advisory role to the VLMD; you are not the VLMD member •VLMDAC makes recommendations about marketing policy, programming and funding to VLMD. •No ex parte communication; remain fair in decision making and do not be lobbied or swayed by special interest groups/individuals The Role of VLMDAC Board Member •There is governmental immunity as long are you are “behind the table” engaging in the discussions and decision-making •Action is only through the form of “voting” at a meeting •Avoid conflict of interest –“no financial gains” related to decision making •Note: Staff’s role is with implementation of programs, projects, or engage in discussions about daily work Meetings & Quorum •Quorum •A quorum is a majority of all the members of the body and it is a number that, if present, is sufficient to transact most governmental business. •The only action that may be taken by a board or commission in the absence of a quorum is a motion to adjourn. •VLMDAC quorum: 5 board members •Voting •Unless specific legal provisions require a super majority, a simple majority is all that is needed to pass a motion. Motions in a nutshell •The Basic Motion •The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan our annual fundraiser”. •The motion to amend •If a member wants to change a basic motion under discussion he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member subcommittee”. •The substitute motion •If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, that member would “move a substitute motions”. A substitute motion might be: “ I move a substitute motion that we cancel the annual fundraiser this year”. Colorado Open Meeting Law –Sunshine Law •The open meetings law declares that whenever three or more members (or a quorum of the members if fewer than three) of the local public body get together and public business is discussed or formal action may be taken , the gathering is a meeting and must be open to the public. What constitutes a “meeting”? •The statute broadly defines a “meeting” as “any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication”. Conversely, chance meetings of public officials, or social gatherings at which discussion of public business is not the central purpose, are not subject to the provisions of the Open meeting law. However be aware that a chance meeting may develop int a problem if you have a quorum of the body in attendance and the conversation turns to official matters. What constitutes a “meeting”? •Meetings conducted by “telephone, electronically, or by other means of communication” •The General assembly has included electronic, as well as “other means” of communication under the statutory definition of “meeting”. •The open meetings law now explicitly subjects the email communication of elected officials to the statutory requirements if it includes discussion of pending legislation or other public business. •What this means is that the open meetings requirements apply to your board and commission, regardless of the manner in which the meeting is held. For example if a discussion of official matter unfolds over email and a quorum of the body is included on the email, the open public meetings requirements apply. What constitutes an “Executive Session”? •Entering into Executive Session requires a legally sufficient motion, a second and a vote to convene. •Language to be spoken by board member entering into Executive Session: VLMDAC Executive Session, pursuant to:1) C.R.S. §24-6-402(4) (e) -to determine positions, develop a strategy and instruct negotiators, Re: 2021 Contracts-Example (60 minutes) •Board Member must call the meeting; ToV staff stays to record meeting.The Executive Session must be electronically recorded. •State Statute dictates specific guidelines for basis of executive session meetings and the conversations are confidential (meaning conversations are not to be repeated) Colorado Code of Ethics •Prohibited •Using confidential information for personal benefit •Accepting gifts or economic benefits as rewards or inducements •Transacting business with those one supervises or inspects •Acting to benefit ones' business or client •Taking a personal or business interest in municipal contracts •Exclusions from the Colorado Code of Ethics •Use local government facilities or equipment to communicate with constituents, family members or business associates, (as long as the use of these facilities is not otherwise prohibited, such as for campaign purposes), or •Accept or receive benefits as an indirect consequence of transacting local governmental business The Municipal “disclosure & abstention”statute •Board and commission members should avoid voting on matters in which they may have a conflict of interest, as well as avoid attempting to influence other members on those matters. Expectations of your community •Honesty •Decisions that put the community first, rather than the interests of the individual public official •An open, impartial and fair decision-making process •Engage only in the role identified for that board and/or commission -"stay in your lane" •Respect for individual rights and community rights •Accountability •Forthrightness •Decorum and professionalism •Personal character and lawful personal behavior Would I be embarrassed to read about my actions in the Vail Daily? •This is a simple test but can be very useful in clarifying a sticky situation.