Fort Collins Municipal Code and Charter > Chapter 2Search Municipal Code (Frames)


TABLE OF CONTENTS

CHAPTER 2

ADMINISTRATION

Articles:

I. In General

Reserved

II. City Council

Division 1 Generally

Sec. 2-16 Nomination petition

Sec. 2-17 Petition for initiative, referendum or recall

Sec. 2-18 Challenges to Councilmember qualifications

Division 2 Meetings

Sec. 2-26 Definitions

Sec. 2-27 Official meetings

Sec. 2-28 Regular meetings

Sec. 2-29 Special meetings

Sec. 2-30 Meeting agenda

Sec. 2-31 Executive sessions

Sec. 2-32 Open meetings/notice of meetings

Sec. 2-33 Minutes of meetings

Sec. 2-34 Place of posting

Sec. 2-35 Removal from meetings

Division 3 Appeals Procedure

Sec. 2-46 Definitions

Sec. 2-47 Certain appeals to be taken to City Council

Sec. 2-48 Appeal of final decision permitted; effect of appeal; grounds for appeal

Sec. 2-49 Filing of notice of appeal; no other written materials

Sec. 2-50 Cost of appeal

Sec. 2-51 Record on appeal

Sec. 2-52 Scheduling of the hearing

Sec. 2-53 Site inspection/no ex parte contacts

Sec. 2-54 Procedure at the hearing

Sec. 2-55 Written materials; new evidence; scope of review; alternative actions available to the City Council; date of final action

III. Boards and Commissions

Division 1 Generally

Sec. 2-71 Meetings defined, open meetings required; exceptions

Sec. 2-72 Notice of meetings

Sec. 2-73 Minutes of meetings

Sec. 2-74 Place of posting

Division 2 Affordable Housing Board

Sec. 2-81 Creation

Sec. 2-82 Membership; term

Sec. 2-83 Functions

Sec. 2-84 Officers; bylaws

Sec. 2-85 Minutes; annual report; work plan

Division 3 Air Quality Advisory Board

Sec. 2-91 Creation

Sec. 2-92 Membership; term

Sec. 2-93 Functions

Sec. 2-94 Coordination with other boards

Sec. 2-95 Officers; bylaws

Sec. 2-96 Minutes; annual report; work plan

Division 4 Art in Public Places Board

Sec. 2-101 Creation

Sec. 2-102 Membership; term

Sec. 2-103 Functions

Sec. 2-104 Officers; bylaws

Sec. 2-105 Minutes; annual report; work plan

Division 5 Board of Elections

Division 6 Board of Trustees of the Firefighters' Pension Plan

Division 7 Building Review Board

Sec. 2-117 Creation

Sec. 2-118 Membership; term

Sec. 2-119 Functions

Sec. 2-120 Officers; bylaws

Sec. 2-121 Minutes; annual report; work plan

Division 8 Citizen Review Board

Sec. 2-136 Creation

Sec. 2-137 Definitions

Sec. 2-138 Membership; terms; training; subcommittees

Sec. 2-139 Functions

Sec. 2-140 Review procedures

Sec. 2-141 Officers; bylaws

Sec. 2-142 Minutes; annual report; work plan

Division 9 Commission on Disability

Sec. 2-151 Creation

Sec. 2-152 Membership; term

Sec. 2-153 Functions

Sec. 2-154 Officers; bylaws

Sec. 2-155 Minutes; annual report; work plan

Division 10 Reserved

Division 11 Community Development Block Grant Commission

Sec. 2-181 Creation

Sec. 2-182 Membership; term

Sec. 2-183 Functions

Sec. 2-184 Officers; bylaws

Sec. 2-185 Minutes; annual report; work plan

Division 12 Cultural Resources Board

Sec. 2-201 Creation

Sec. 2-202 Membership; term

Sec. 2-203 Functions

Sec. 2-204 Officers; bylaws

Sec. 2-205 Minutes; annual report; work plan

Division 13 Downtown Development Authority

Division 13.5 Economic Advisory Commission

Sec. 2-220 Creation

Sec. 2-221 Membership; term

Sec. 2-222 Functions

Sec. 2-223 Officers; bylaws

Sec. 2-224 Minutes; annual report; work plan

Division 14 Energy Board

Sec. 2-231 Creation

Sec. 2-232 Membership; term

Sec. 2-233 Functions

Sec. 2-234 Officers; bylaws

Sec. 2-235 Minutes; annual report; work plan

Division 15 Golf Board

Sec. 2-236 Creation

Sec. 2-237 Membership; term

Sec. 2-238 Functions

Sec. 2-239 Officers; bylaws

Sec. 2-240 Minutes; annual report; work plan

Division 16 Housing Authority

Division 17 Human Relations Commission

Sec. 2-261 Creation

Sec. 2-262 Membership; terms

Sec. 2-263 Functions

Sec. 2-264 Officers; bylaws

Sec. 2-265 Minutes; annual report; work plan

Division 18 Land Conservation Board

Sec. 2-270 Creation

Sec. 2-271 Membership; term

Sec. 2-272 Functions

Sec. 2-273 Officers; bylaws

Sec. 2-274 Minutes; annual report; work plan

Division 19 Landmark Preservation Commission

Sec. 2-276 Creation

Sec. 2-277 Membership; term

Sec. 2-278 Functions

Sec. 2-279 Officers; bylaws

Sec. 2-280 Minutes; annual report; work plan

Division 20 Reserved

Division 21 Liquor Licensing Authority

Division 22 Reserved

Division 23 Natural Resources Advisory Board

Sec. 2-306 Creation

Sec. 2-307 Membership; term

Sec. 2-308 Functions

Sec. 2-309 Officers; bylaws

Sec. 2-310 Minutes; annual report; work plan

Division 24 Parking Advisory Board

Sec. 2-316 Creation

Sec. 2-317 Membership; term

Sec. 2-318 Functions

Sec. 2-319 Officers; bylaws

Sec. 2-320 Minutes; annual report; work plan

Division 25 Parks and Recreation Board

Sec. 2-336 Creation

Sec. 2-337 Membership; term

Sec. 2-338 Functions

Sec. 2-339 Officers; bylaws

Sec. 2-340 Minutes; annual report; work plan

Division 26 Personnel Board

Division 27 Planning and Zoning Board

Sec. 2-351 Creation

Sec. 2-352 Membership; term

Sec. 2-353 Functions

Sec. 2-354 Officers; bylaws

Sec. 2-355 Minutes; annual report; work plan

Division 28 Reserved

Division 29 Retirement Committee

Division 30 Senior Advisory Board

Sec. 2-396 Creation

Sec. 2-397 Membership; term

Sec. 2-398 Functions

Sec. 2-399 Officers; bylaws

Sec. 2-400 Minutes; annual report; work plan

Division 31 Reserved

Division 32 Reserved

Division 33 Transportation Board

Sec. 2-426 Creation

Sec. 2-427 Membership; term

Sec. 2-428 Functions; Bicycle Advisory Committee

Sec. 2-429 Coordination with other boards, commissions and the community at large

Sec. 2-430 Officers; bylaws

Sec. 2-431 Minutes; annual report; work plan

Division 34 Water Board

Sec. 2-436 Creation and purposes

Sec. 2-437 Membership; term

Sec. 2-438 Functions

Sec. 2-439 Officers; bylaws

Sec. 2-440 Minutes; annual report; work plan

Division 35 Women's Commission

Sec. 2-441 Creation

Sec. 2-442 Membership; term

Sec. 2-443 Functions

Sec. 2-444 Officers; bylaws

Sec. 2-445 Minutes; annual report; work plan

Division 36 Youth Advisory Board

Sec. 2-446 Creation

Sec. 2-447 Membership; term

Sec. 2-448 Functions

Sec. 2-449 Officers; bylaws

Sec. 2-450 Minutes; annual report; work plan

Division 37 Zoning Board of Appeals

Sec. 2-451 Creation

Sec. 2-452 Membership; term

Sec. 2-453 Functions

Sec. 2-454 Officers; bylaws

Sec. 2-455 Minutes; annual report; work plan

IV. Authorities of the City

Division 1 Downtown Development Authority

Sec. 2-461 Creation

Sec. 2-462 Membership; term

Sec. 2-463 Jurisdiction

Sec. 2-464 Conflicts of interest

Sec. 2-465 Functions

Sec. 2-466 Minutes; annual report; work plan

Division 2 Housing Authority

Sec. 2-473 Creation

Sec. 2-474 Membership; term

Sec. 2-475 Conflicts of interest

Sec. 2-476 Minutes; annual report; work plan

Division 3 Liquor Licensing Authority

Division 4 Urban Renewal Authority

Sec. 2-480 Creation

Sec. 2-481 Membership; term

Sec. 2-482 Jurisdiction

Sec. 2-483 Conflicts of interest

Sec. 2-484 Functions

Sec. 2-485 Minutes

V. Administrative Organization

Division 1 Generally

Division 2 Executive, Legislative and Judicial Offices

Sec. 2-491 Office of the City Manager; duties of the City Manager

Sec. 2-492 Office of the City Attorney; duties of the City Attorney

Sec. 2-493 Municipal Court; duties of the Municipal Judge

Sec. 2-494 Office of the City Clerk; duties of the City Clerk

Division 3 Service Areas

Sec. 2-500 Planning, Development and Transportation Services

Sec. 2-501 Financial Services; duties of Director

Sec. 2-502 Community and Operations Services

Sec. 2-503 Police Services

Sec. 2-504 Utility Services; duties of Director

Sec. 2-505 Employee and Communication Services

Sec. 2-506 Sustainability Services

Division 4 Fire Services

Sec. 2-515 Fire Chief; duties

VI. Administrative Appeals Procedure

Sec. 2-540 Definitions

Sec. 2-541 Certain appeals to be taken to City Manager

Sec. 2-542 Filing of notice of appeal

Sec. 2-543 Review of notice of appeal by City Attorney

Sec. 2-544 Scheduling of hearing

Sec. 2-545 Procedure at hearing; burden of proof; final decision

VII. Officers and Employees

Division 1 Generally

Sec. 2-566 Compensation of employees

Sec. 2-567 Employment status of employees

Sec. 2-568 Ethical rules of conduct

Sec. 2-569 Board of ethics

Sec. 2-570 City Councilmember appointments

Division 2 Reserved

Division 3 City Attorney

Sec. 2-581 Salary of the City Attorney

Sec. 2-582 Salary and employment status of Deputy and Assistant City Attorneys

Sec. 2-583 Selection of special counsel; consent to representation in situations involving actual or potential conflicts of interest

Division 4 City Manager

Sec. 2-596 Salary of the City Manager

Division 5 Municipal Judge

Sec. 2-606 Salary of the Municipal Judge

Division 6 Defense and Indemnification Obligations to Officers and Employees

Sec. 2-610 Public employee defined

Sec. 2-611 City's defense and indemnification obligations to employees

Sec. 2-612 Legal representation of employees

Sec. 2-613 Reimbursement of employees' attorneys' fees in criminal matters

Sec. 2-614 No liability to third parties

Division 7 Public Safety – Administrative Cooperative Agreement

Sec. 2-617 Statement of policy

Sec. 2-618 Definitions

Sec. 2-619 Right to organize and bargain collectively; mandatory, prohibited and permissive subjects of bargaining

Sec. 2-620 Selection and recognition of bargaining agent

Sec. 2-621 Obligation to bargain in good faith

Sec. 2-622 Facilitation assistance

Sec. 2-623 Unresolved issues submitted to binding arbitration

Sec. 2-624 Binding arbitrator; selection

Sec. 2-625 Hearings

Sec. 2-626 Factors to be considered by the arbitrator

Sec. 2-627 Final offer procedure

Sec. 2-628 Finality of the arbitrator's decision

Sec. 2-629 Fees and expenses of arbitration

Sec. 2-630 Collective bargaining agreement; what constitutes

Sec. 2-631 Request for bargaining

Sec. 2-632 Terms and conditions of employment not to be reduced

Sec. 2-633 Prohibition

Sec. 2-634 Severability

VIII. Financial Disclosure

Division 1 Generally

Division 2 Financial Disclosure

Sec. 2-636 Required

Sec. 2-637 Requirements

Sec. 2-638 Amended statement

Sec. 2-639 Notice

Sec. 2-640 Public record

Sec. 2-641 Federal income tax alternative

Sec. 2-642 Penalty

Division 3 Gifts, Honoraria and Other Benefits

Sec. 2-656 Report required

IX. Emergency Management

Sec. 2-666 Definition

Sec. 2-667 Legislative intent

Sec. 2-668 Disaster Council membership

Sec. 2-669 Disaster Council powers and duties

Sec. 2-670 Office of Emergency Management

Sec. 2-671 Powers and duties of the Director and Assistant Director of the Office of Emergency Management

Sec. 2-672 Emergency organization

Sec. 2-673 Emergency Operations Plan

Sec. 2-674 No obstruction

Sec. 2-675 Conflicting ordinances, orders, rules and regulations suspended


ARTICLE I.Go to the top
IN GENERAL

Secs. 2-1—2-15. Reserved.


ARTICLE II.Go to the top
CITY COUNCIL*

DIVISION 1. GENERALLYGo to the top

Sec. 2-16. Nomination petition.Go to the top

(a) The general form of petition for nomination for City Council office shall be as set forth in the form entitled "nomination petition," which form is available for public inspection and distribution in the office of the City Clerk.

(b) The City Clerk is directed to have a sufficient quantity of petition forms printed for distribution, upon request, to any individual seeking to qualify for candidacy for City Council office pursuant to the requirements of the Charter.

(Ord. No. 79, 1987, §§ 1, 2, 5-19-87)

Editor's note—Ord. No. 79, 1987, adopted May 19, 1987, did not specifically amend this Code; hence inclusion of §§ 1, 2 as § 2-16 was at the discretion of the editor.

Charter reference—Nominating petitions, Art. VIII, § 4.

Sec. 2-17. Petition for initiative, referendum or recall.Go to the top

(a) The general form of petition for initiative, referendum and recall petitions shall be as set forth in the form entitled "Petition for Initiative, Referendum, or Recall," which form is available for public inspection and distribution in the office of the City Clerk.

(b) The City Clerk is directed to have a sufficient quantity of petition forms printed for distribution, upon request, to any individual or group that has filed notice of intent with the City Clerk to submit an initiative, referendum or recall petition in accordance with the provisions of the Charter.

(Ord. No. 80, 1987, §§ 1, 2, 5-19-87)

Charter reference—Election petitions, Art. X, § 4.

Sec. 2-18. Challenges to Councilmember qualifications.Go to the top

(a) Any registered elector of the City may file with the City Clerk a written notice of protest challenging the qualifications of any member of the City Council, which notice of protest shall include a statement of the grounds upon which such protest is based. No protest shall be filed prior to the date of appointment or the date of issuance of the certificate of election of a Councilmember, whichever is applicable, nor shall any such protest, other than a protest based upon the fact of a felony conviction, be filed more than fifteen (15) days after said date.

(b) Within five (5) working days of the date of the City Clerk's receipt of any written protest challenging the qualifications of a member of the City Council, the City Clerk shall set a date for the hearing of such protest as expeditiously as possible and shall mail, by certified mail, return receipt requested, a notice of the time, date and place of such hearing, together with a copy of the notice of protest and the statement of the grounds upon which such protest is based, to all members of the City Council and to the person filing the notice of protest.

(c) In order to resolve any protest filed under the provisions of this Section, the City Clerk shall have the power to subpoena witnesses, administer oaths and require the production of evidence. At the hearing on the protest, the City Clerk shall receive such evidence as may be offered by the Councilmember(s) affected by such protest and the person(s) filing the protest, and such other evidence the City Clerk may consider relevant and necessary to a determination of the protest. Within no more than forty-five (45) days from the date of filing of the notice of protest, the City Clerk shall mail, by certified mail, return receipt requested, written findings to all members of the City Council and to the person filing the protest. The City Clerk's decision as to the merits of the protest shall be final.

(d) If the City Clerk upholds any such protest and determines that any Councilmember lacks one (1) or more qualifications for office required by the Charter, the affected Councilmember(s) shall be so notified in writing and said Councilmember shall immediately, upon the mailing of such notice, forfeit his or her office, whether or not he or she has taken the oath of office, and the vacancy thereby created shall be filed in the manner described in Article VIII, Section 7 of the Charter.

(Ord. No. 25, 1998, 3-17-98; Ord. No. 129, 1999, § 2, 8-17-99)

Secs. 2-19—2-25. Reserved.

DIVISION 2. MEETINGSGo to the top

Sec. 2-26. Definitions.Go to the top

For purposes of this Division, the following words, terms and phrases shall have the meanings ascribed to them in this Section:

Council committee or committee of the City Council shall mean any number of Councilmembers established as a committee by formal action of the City Council to perform any function related to the conduct of City business.

Meeting shall mean any gathering of a quorum or three (3) or more members, whichever is fewer, of the City Council or any Council committee, at which any public business is discussed or at which any formal action may be taken but shall not mean any chance meeting or social gathering at which the discussion of public business is not the central purpose. Electronic mail communications to or from City Councilmembers shall not constitute meetings of the City Council, or of a Council committee, unless a quorum or three (3) or more members of the City Council, whichever is fewer, arrange in advance to simultaneously communicate by electronic means.

(Ord. No. 22, 1990, § 1, 3-13-90; Ord. No. 91, 1992, § 1, 9-15-92; Ord. No. 111, 2002, 8-20-02)

Sec. 2-27. Official meetings.Go to the top

No formal action of the City Council shall be taken except at a regular or special meeting called and held in accordance with the provisions of this Division.

(Code 1972, § 2-2; Ord. No. 22, 1990, §§ 1, 2, 3-13-90; Ord. No. 91, 1992, § 2, 9-15-92; Ord. No. 077, § 1, 7-15-08)

Charter reference—Meetings, quorum, executive session, Art. II, § 11.

Sec. 2-28. Regular meetings.Go to the top

(a) Regular meetings of the City Council shall be held on the first and third Tuesdays of each month unless any such regularly scheduled meeting is canceled by a majority vote of the City Council. If any such meeting date is a national holiday, the regular meeting shall be on the preceding Monday. Such meeting shall commence at 6:00 p.m. The City Council may adjourn any regular meeting to a later date by majority vote of its members.

(b) The place of such meeting shall be the Council Chambers of the City Hall unless the City Council, by majority action of a quorum of its members, directs that a meeting be held elsewhere.

(Code 1972, § 2-1(A); Ord. No. 22, 1990, § 1, 3-13-90; Ord. No. 75, 1997, 5-20-97; Ord. No. 161, 1999, 11-16-99; Ord. No. 077, § 1, 7-15-08)

Charter reference—Meetings, quorum, executive session, Art. II, § 11.

Sec. 2-29. Special meetings.Go to the top

(a) Special meetings of the City Council may be held at any time on call of the Mayor or a majority of the City Council. Notice of such call of meeting shall be given by the City Clerk in writing to each member of the City Council at least twenty-four (24) hours before the time scheduled for the meeting. Such notice shall set forth the time and place of the meeting and the purpose in calling such meeting. Such notice shall be delivered to the members of the City Council in person, by mail, by fax or by electronic mail.

(b) If any member of the City Council has given written or verbal notice to the City that such member will be out of town on the date of any special meeting called, then notice of such special meeting need not be delivered to such City Councilmember.

(c) Notwithstanding the foregoing provisions, no additional notice of any special meeting shall be required to be given to any member of the City Council who is present at a regular meeting of the City Council when such special meeting was scheduled by the City Council.

(d) If notice of a special meeting is delivered to the members of the City Council in a manner other than in person as provided in Subsection (a) above, the City Clerk shall request each Councilmember to acknowledge receipt of such notice within a specified period of time. If the City Clerk does not receive acknowledgment of receipt from an individual Councilmember within the period of time specified by the City Clerk, then the City Clerk shall deliver another notice of such meeting to said Councilmember, in person, no less than twenty-four (24) hours before the time scheduled for the meeting.

(Code 1972, § 2-1(B); Ord. No. 22, 1990, § 1, 3-13-90; Ord. No. 91, 1991, § 1, 8-6-91; Ord. No. 91, 1992, § 3, 9-15-92; Ord. No. 090, 2004, 6-15-04; Ord. No. 077, § 1, 7-15-08)

Charter reference—Special meetings, Art. II, § 11.

Sec. 2-30. Meeting agenda.Go to the top

(a) The City Manager shall, in consultation with the Mayor and the Mayor Pro Tem, prepare the agenda for all regular and special meetings of the City Council. The agenda shall include all items requiring City Council action. Whenever possible, there shall be submitted with the agenda all facts necessary for the City Council to properly study the item and make a decision. To this end, the City Manager may include his or her recommendation on items to be considered.

(b) The agenda for all regular Council meetings shall be posted on the City's website no later than the Thursday immediately preceding the meeting. Any additional topics that may be the subject of formal action at a regular Council meeting shall be posted as provided in § 2-34 no less than twenty-four (24) hours before the meeting at which formal action may be taken. When available, agenda information for special Council meetings shall also be so posted.

(c) The agenda for City Council meetings may include a consent calendar. Matters of a noncontroversial nature requiring City Council action, including ordinances, may be placed on the consent calendar portion of the agenda. Any City Councilmember, the City administration, any citizen or any interested party may request, at any time prior to action by the City Council on the consent calendar, that an item be removed and considered as a separate item by the City Council. Prior to action by the City Council on the consent calendar, the presiding officer of the City Council shall advise persons present of the right to request removal of any item for separate consideration. If a request is made to remove an item from the consent calendar, the item shall be removed and the presiding officer shall place such item on the agenda for that meeting at an appropriate place for separate action. After removal of all items for which a request was made for removal, the City Council shall consider the remaining items on the consent calendar by one (1) motion. The vote of each City Councilmember on the motion shall be considered that City Councilmember's vote on each individual item on the consent calendar.

(Code 1972, § 2-2(A); Ord. No. 22, 1990, § 1, 3-13-90; Ord. No. 91, 1992, § 4, 9-15-92; Ord. No. 178, 1993, 1-4-94; Ord. No. 077, 2008, § 1, 7-15-08; Ord. No. 180, 2013, 1-7-14)

Sec. 2-31. Executive sessions.Go to the top

(a) The City Council, and any committee of the City Council, may, by two-thirds (2/3) majority vote of those members present and voting, hold an executive session upon announcement of the topic for discussion in the executive session, which announcement shall include a specific citation to the provision of this Section that authorizes the City Council or Council committee to meet in executive session, and shall identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is to be held. Said executive session may be held only at a regular or special meeting and only for the purposes of considering any of the following matters and providing direction, through individual expressions of opinion, to City staff or other persons with regard to such matters:

(1) Personnel matters restricted to those described in Subparagraphs a. through d. below. Except as provided in Subparagraph c. below, "personnel matters" shall not include discussions concerning any member of the City Council or members of City boards and commissions, or discussions concerning the appointment of persons to fill such positions, or to discussions of personnel policies that do not require the discussion of matters personal to particular employees:

a. Matters involving the hiring, appointment, dismissal, demotion, promotion, assignment and discipline of City personnel, and the review and discussion of the performance and proposed compensation and benefits of the City Manager, City Attorney and Municipal Judge.

b. Consideration of complaints or charges against individual City personnel, provided that such matter shall not be considered in executive session if the individual concerned requests that the matter be considered in open session.

c. Consideration of actual or hypothetical situations involving potential conflicts of interests with individual Councilmembers or City board or commission members, provided that no executive session shall be held for the purpose of concealing the fact that a member of the City Council or of a City board or commission has a financial or personal interest in the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest from the City.

d. Consideration and discussion of strategy matters relating to negotiations with employee groups including unions.

(2) Meetings with the City Attorney or other attor-neys representing the City regarding specific legal questions related to litigation or potential litigation involving the City and/or the manner in which par-ticular policies, practices or regulations of the City may be affected by existing or proposed provisions of federal, state or local law.

(3) Consideration of water and real property acquisitions and sales by the City.

(4) Consideration of electric utility matters if such matters pertain to issues of competition in the electric utility industry.

(b) No final legislative action shall be taken by the City in executive session. Such final legislative action may be taken only in an open meeting.

(c) Executive sessions shall be closed to the general public, but the City Council may permit any person or group to attend such sessions.

(Code 1972, § 2-2(B); Ord. No. 22, 1990, §§ 1, 3, 3-13-90; Ord. No. 92, 1991, 8-6-91; Ord. No. 93, 1997, 7-1-97; Ord. No. 223, 1998, 12-15-98; Ord. No. 131, 2001, § 1, 9-4-01; Ord. No. 80, 2003, 6-3-03; Ord. No. 25, 2005, 3-15-05; Ord. No. 030, 2012, § 1, 4-17-12; Ord. No. 026, 2014, 3-4-14)

Charter reference—Executive session, Art. II, § 11.

Cross-reference—Personnel, pensions and retirement, Ch. 21.

Sec. 2-32. Open meetings/notice of meetings.Go to the top

(a) Except as otherwise provided in § 2-31, all meetings of the City Council and all meetings of City Council committees shall be open to the public.

(b) Any meeting of the City Council at which any formal action could occur or at which a majority or quorum is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. For purposes of this Subsection, full and timely notice of regular and special Council meetings shall be accomplished by compliance with the provisions contained in Subsections 2-28(a) and 2-30(b) and § 2-34, as applicable.

(c) Meetings of City Council committees at which any formal action could occur shall be held only after full and timely notice to the public. For the purpose of these provisions, adopting a regular meeting date and filing a statement with the City Clerk shall be considered full and timely notice. In the case of meetings held on call or irregularly or in the event of any change to a regular meeting date on file with the City Clerk, the posting of a notice of the meeting pursuant to § 2-34 at least twenty-four (24) hours before the time of such meeting shall be full and timely notice.

(d) No ordinance, resolution, rule, regulation or other formal action of the City Council, and no formal action of a City Council committee, shall be valid unless taken or made at a meeting that meets the requirements of Subsections (a) and (b) above and unless public notice of the item acted upon has been provided as required in Subsection 2-30(b). Notwithstanding the foregoing and notwithstanding the notice requirements of Subsection 2-30(b), final action may be taken on an item for which no public notice has been given if the City Council first finds, by majority vote, that postponing the item to a subsequent meeting would be contrary to the public interest. For the purposes of this provision, notice of a particular topic to be considered by the City Council shall be sufficient to authorize any action of the City Council reasonably related to that topic .

(Code 1972, § 2-2(C); Ord. No. 22, 1990, §§ 1, 4, 3-13-90; Ord. No. 91, 1991, § 2, 8-6-91; Ord. No. 91, 1992, § 5, 9-15-92; Ord. No. 120, 1999, § 1, 8-3-99; Ord. No. 034, 2006, § 1, 3-21-06; Ord. 077, 2008, § 2, 7-15-08)

Editor's note—§ 2-32, as amended by Ord. No. 120, 1999, has an effective date, nunc pro tunc, of September 25, 1992.

Sec. 2-33. Minutes of meetings.Go to the top

(a) Except as provided below with regard to executive sessions, minutes shall be maintained of all regular and special meetings of the City Council held pursuant to § 2-28 or 2-29 and of all meetings of Council committees, and such minutes shall be open to public inspection. The minutes of meetings at which executive sessions are held shall reflect the topic of discussion at the executive session.

(b) An audio recording shall be made of all discussions that occur in an executive session of the City Council or a Council committee; provided, however, that no recording shall be required of the part of an executive sessiondiscussion that constitutes a privileged attorney-client communication, so long as the audio recording of the executive session discussion reflects the fact that no further record was kept of the discussion based on the opinion of said attorney that the discussion constitutes a privileged attorney-client communication.

(c) If a court finds, upon application of a person seeking access to the audio recording of an executive session of the City Council or a Council committee in accordance with the provisions of the Colorado Open Records Act, and after an in camera review of the record of the executive session, that the City Council or Council committee engaged in substantial discussion of any matters not enumerated in §2-31 or that the City Council took final legislative action in an executive session in violation of Subsection 2-31(b), the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in § 2-31 or the taking of final legislative action shall be open to public inspection. No other portion of the record of any executive session of the City Council or Council committee shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the City Council.

(d) Any person seeking access to the audio recording of an executive session under this Section shall, upon application to the district court, show grounds sufficient to support a reasonable belief that the City Council or Council committee engaged in substantial discussion of any matters not enumerated in § 2-31 or that the City Council took final legislative action in the executive session in violation of Subsection 2-31(b). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious or groundless, the court shall award court costs and attorney’s fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious or groundless action, regardless of the outcome of the in camera review.

(e) The record of an executive session of the City Council or Council committee recorded pursuant to Subsection (b) of this Section shall be retained for at least ninety (90) days after the date of the executive session.

(Ord. No. 22, 1990, §§ 1, 5, 3-13-90; Ord. No. 91, 1992, § 7, 9-15-92; Ord. No. 131, 2001, § 2, 9-4-01; Ord. No. 077, 2008, § 3, 7-15-08)

Sec. 2-34. Place of posting.Go to the top

The vestibule at the south entrance of City Hall West, 300 LaPorte Avenue, is designated as the proper place for the posting of public notice of:

(1) Any agenda items for regular City Council meetings that were not included in the published agendas for such meetings;

(2) Special meetings of the City Council and agenda information for such meetings when available; and

(3) Meetings of City Council committees for which public notice is required to be given pursuant to Subsection 2-32(c), and agenda information for such meetings when available. When possible, all such notices should also be posted on the City's website.

(Ord. No. 91, 1992, § 8, 9-15-92; Ord. No. 111, 1995, § 1, 9-5-95; Ord. No. 034, 2006, § 2, 3-21-06; Ord. No. 077, 2008, § 4, 7-15-08)

Sec. 2-35. Removal from meetings.Go to the top

The presiding officer may order the removal from a City Council meeting or a City Council committee meeting of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting.

(Code 1972, § 2-2(C); Ord. No. 22, 1990, §§ 1, 4, 3-13-90; Ord. No. 91, 1991, § 2, 8-6-91; Ord. No. 91, 1992, § 5, 9-15-92; Ord. No. 120, 1999, § 2, 8-3-99; Ord. No. 020, 2013, 2-26-13)

Secs. 2-36—2-45. Reserved.

DIVISION 3. APPEALS PROCEDURE*Go to the top

Sec. 2-46.  Definitions.Go to the top

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Appellant shall mean a party-in-interest who has taken an appeal from a board, commission or other decision maker to the City Council by the filing of a notice of appeal.

Applicant shall mean the person who or organization which submitted the application to the board, commission or other decision maker whose decision has been appealed.

Evidence shall mean any information, whether in verbal, written, graphic or other form, presented at the hearing to support or refute a particular proposition or conclusion. Evidence shall not include argument as to how information offered as evidence should be viewed by the City Council.

Final decision shall mean the action of a board, commission or other decision maker by a vote of a majority of its members when no further rehearing is available before such board, commission or other decision maker; provided, however, that a recommendation to the City Council from a board, commission or other decision maker shall not be considered as a final decision of that board, commission or other decision maker.

New evidence shall mean any evidence relating to the proposal or application which was the subject of final decision by a board, commission or other decision maker and which was not presented at the hearing before such board, commission or other decision maker. New evidence does not include modifying, highlighting, underlining, italicizing or otherwise emphasizing certain portions of writings or graphics presented to the original decision maker as long as any modified graphic presented to the City Council at the appeal hearing is accompanied by the original graphic.

Party-in-interest shall mean a person who or organization which has standing to appeal the final decision of a board, commission or other decision maker. Such standing to appeal shall be limited to the following:

(1)  The applicant;

(2)  Any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the board, commission or other decision maker whose action is to be appealed;

(3)  Any person to whom or organization to which the City mailed notice of the hearing of the board, commission or other decision maker;

(4)  Any person who or organization which provided written comments to the appropriate City staff for delivery to the board, commission or other decision maker prior to or at the hearing on the matter which is to be appealed;

(5)  Any person who or organization which appeared before the board, commission or other decision maker at the hearing on the action which is to be appealed;

(6)  The City Council as represented by the request of a single member of the City Council.

(Code 1972, § 3A-2; Ord. No. 67, 1993, § 1, 7-20-93; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 088, 2006, § 1, 6-6-06; Ord. No. 066, 2014, 5-20-14)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 2-47.  Certain appeals to be taken to City Council.Go to the top

Appeals taken from decisions made by any of the following boards, commissions or other decision makers shall be taken to the City Council in the manner set forth in this Division:

(1)  Building Review Board;

(2)  Fire Board of Appeals;

(3)  Landmark Preservation Commission;

(4)  Planning and Zoning Board, except for decisions made under Sections 22-32-124 and 31-23-209, C.R.S.;

(5)  A "decision maker" under the provisions of Section 2.2.12 of the Land Use Code;

(6)  Water Board;

(7)  Zoning Board of Appeals.

(Code 1972, § 3A-1; Ord. No. 117, 1996, § 3, 9-17-96; Ord. No. 53, 1997, § 1, 3-18-97; Ord. No. 28, 1998, § 2, 3-17-98; Ord. No. 066, 2014, 5-20-14)

Editor's note—Paragraph (4) formerly referred to the Building Contractor Licensing Board, which is no longer in existence, being replaced by the Building Review Board pursuant to Ord. No. 93, 1987. The editor has, therefore, deleted former Paragraph (4) and has renumbered Paragraphs (5)—(7) as (4)—(6).

Cross-reference—Building Review Board, § 2-117 et seq.; Landmark Preservation Commission, § 2-276 et seq.; Planning and Zoning Board, § 2-351 et seq.; Water Board, § 2-436 et seq.; Zoning Board of Appeals, § 2-451 et seq.; Fire Board of Appeals, §§ 9-2, 9-3.

Sec. 2-48.  Appeal of final decision permitted; effect of appeal; grounds for appeal.Go to the top

(a)  A party-in-interest may appeal to the City Council the final decision of any board, commission or other decision maker to which this appeal procedure applies in the manner provided in this Division. Any action taken in reliance upon any decision of a board, commission or other decision maker that is subject to appeal under the provisions of this Division shall be totally at the risk of the person(s) taking such action until all appeal rights related to such decision have been exhausted, and the City shall not be liable for any damages arising from any such action taken during said period of time.

(b)  Except for appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board, commission or other decision maker committed one (1) or more of the following errors:

(1)  Failure to properly interpret and apply relevant provisions of the Code and Charter.

(2)  Failure to conduct a fair hearing in that:

a..  The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter;

b.  The board, commission or other decision maker substantially ignored its previously established rules of procedure;

c.  The board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading;

d.  The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant; or

e.  The board, commission or other decision maker was biased against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the decision maker's independence of judgment.

(c)  Appeals filed by members of the City Council need not include specific grounds for appeal, but shall include a general description of the issues to be considered on appeal. Upon the filing of any such appeal, the director of the affected City service area shall identify the specific Code provisions that may pertain to the issues raised by such appeal and shall provide such information to the City Clerk prior to the date that the notice of hearing on the appeal is to be mailed by the City Clerk to parties-in-interest under § 2-52 of this Division. Said information shall then be mailed to the parties-in-interest together with the notice of hearing. Councilmembers who file an appeal may participate in hearing such an appeal in the same manner as they participate in hearing appeals filed by other parties-in-interest.

(Code 1972, § 3A-3; Ord. No. 124, 1987, § 1, 9-1-87; Ord. No. 23, 1990, § 1, 4-3-90; Ord. No. 59, 1994, § 1, 4-19-94; Ord. No. 88, 1995, § 1, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 234, 1998, § 1, 1-5-99; Ord. No. 090, 2006, 6-6-06; Ord. No. 131, 2011, § 1, 2-21-12; Ord. No. 066, 2014, 5-20-14)

Sec. 2-49.  Filing of notice of appeal; no other written materials.Go to the top

(a)  An appeal shall be taken by filing a notice of appeal of the final decision of a board, commission or other decision maker to which this Division applies with the City Clerk within fourteen (14) calendar days after the action which is the subject of the appeal. Such notice of appeal shall be on a form provided by the City Clerk, shall be signed by all appellants and shall include the following:

(1)  The action of the board, commission or other decision maker which is the subject of the appeal;

(2)  The date of such action;

(3)  The name, address, telephone number and relationship of each appellant to the subject of the action of the board, commission or other decision maker;

(4)  In all appeals except those filed by members of City Council, the grounds for the appeal, including specific allegations of error and a summary of the facts contained in the record on appeal which support those allegations;

(5)  In the case of an appeal alleging under Subparagraph 2-48(b)(2)c. above that a board, commission or other decision maker considered evidence relevant to its findings that was substantially false or grossly misleading, any new evidence the appellant wishes to submit at the hearing on the appeal in support of this allegation;

(6)  In the case of an appeal filed by more than one (1) appellant, the name, address and telephone number of one (1) such appellant who shall be authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants under the provisions of § 2-52 of this Division; and

(7)  Any other information required by the City Clerk.

(b)  No information other than that specified in Subsection (a) above shall be included in or attached to the notice of appeal.

(Code 1972, § 3A-4; Ord. No. 111, 1989, § 1, 8-1-89; Ord. No. 23, 1990, § 2, 4-3-90; Ord. No. 67, 1993, § 2, 7-20-93; Ord. No. 88, 1995, § 2, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 131, 2011, § 2, 2-21-12; Ord. No. 066, 2014, 5-20-14)

Sec. 2-50.  Cost of appeal.Go to the top

In all appeals, except those filed by members of the City Council, the appellant shall be charged a fee of one hundred dollars ($100.) for the cost of the appeal, to be paid to the City Clerk at the time of the filing of the notice of appeal.

(Code 1972, § 3A-7; Ord. No. 23, 1990, § 4, 4-3-90; Ord. No. 066, 2014, 5-20-14)

Sec. 2-51.  Record on appeal.Go to the top

Any appeal to the City Council shall be an appeal on the record of the hearing before the board, commission or other decision maker. The record provided to the City Council shall include the following:

(1)  All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items received or viewed by the board, commission or other decision maker at the proceedings;

(2)  A verbatim transcript of such proceedings before the board, commission or other decision maker. The cost of the transcript shall be borne by the City. If a verbatim transcript of the proceedings does not exist and cannot be produced, whether due to an equipment malfunction or clerical error, or for any other reason, the decision that is the subject of the appeal will be re-heard before the decision maker after notice as required by the relevant provisions of this Code or the Land Use Code, whichever is applicable, and the appeal shall be terminated.

(3)  If available, a videotape recording of such proceedings before the board, commission or other decision maker. The cost of reproducing any such videotape for review by the City Council shall be borne by the City. Additional copies shall be provided to any party-in-interest requesting the same within a reasonable period of time prior to the date for hearing the appeal, at a cost not to exceed the actual reproduction costs incurred by the City.

(Code 1972, § 3A-8; Ord. No. 174, 1988, § 1, 12-20-88; Ord. No. 23, 1990, §§ 5, 6, 4-3-90; Ord. No. 59, 1994, § 3, 4-19-94; Ord. No. 5, 1995, 2-7-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 066, 2014, 5-20-14)

Sec. 2-52.  Scheduling of the hearing.Go to the top

In the event of an appeal, the City Clerk shall schedule the hearing on the appeal for a date as early as reasonably practicable but no more than seventy-five (75) calendar days after the date of filing of the notice of appeal. Written notice of the date, time and place of the hearing shall be mailed by the City Clerk to the appellant and all other parties-in-interest no less than ten (10) calendar days prior to the date of said hearing. Said notice shall also include a copy of the notice of appeal and shall inform the parties-in-interest of the period of time within which any new evidence permitted under Paragraph 2-55(b)(1) or (2) below must be submitted.

(Code 1972, § 3A-9; Ord. No. 88, 1995, § 4, 8-1-95; Ord. No. 151, 1996, 12-17-96; Ord. No. 234, 1998, § 4, 1-5-99; Ord. No. 088, 2006, § 2, 6-6-06; Ord. No. 131, 2011, § 2-21-12; Ord. No. 066, 2014, 5-20-14)

Sec. 2-53.  Site inspection/no ex parte contacts.Go to the top

(a)  Councilmembers may inspect the site of an overall development plan, project development plan or other proposal that is the subject of an appeal, either alone or with City staff present, for the purpose of gaining a better understanding of the physical characteristics of the site and the surrounding area, as well as the issues on appeal. If a Councilmember wishes to schedule a site inspection with City staff present, he or she shall, no later than ten (10) days after the filing of the notice of appeal, request that the City Manager schedule such inspection. Upon receipt of such a request, the City Manager shall forthwith schedule the inspection for a date and time when he or she believes that a majority of the Councilmembers wishing to inspect the site will be able to attend. The City Clerk shall, no less than five (5) days prior to the date of the site inspection, mail notice of such inspection to the appellant and to all parties-in-interest to whom notice of the appeal hearing was sent by the City Clerk under Section 2-52 above. The appellant and all other parties-in-interest shall be entitled to attend such scheduled inspection, along with any members of City staff whose presence is requested by the City Manager. Failure to mail notice to any party-in-interest shall not affect the scheduling or validity of any proceeding held or determination made under this Division. Upon receipt of any notice returned by the U.S. Postal Service marked as undeliverable for any reason, the City Clerk may exclude the party-in-interest to which such notice had been mailed from any future mailings related to the appeal that was the subject of the returned notice.

(b)  Any Councilmembers conducting a site inspection under the provisions of Subsection (a) above, either alone or with City staff present, shall, at the hearing on the appeal, state on the record any observations they made or conversations they had at the site which they believe may be relevant to their determination of the appeal.

(c)  Nothing in this Section shall be construed to authorize any Councilmember or other officer or employee of the City to enter upon any parcel of real property that is not open to the public without the permission of the owner of such property or the permission of such other person or entity as may be lawfully in possession of the property.

(d)  In order to afford all parties-in-interest a fair opportunity to respond to the information upon which the City Council is to base its decision on appeal, and in order to preserve the impartiality of Councilmembers hearing the appeal, all Councilmembers who intend to participate in hearing the appeal shall, to the extent reasonably possible, avoid communications with parties-in-interest and members of the general public regarding the merits of the appeal prior to the hearing on the appeal.

(Ord. No. 088, 2006, § 3, 6-6-06; Ord. No. 003, 2008, § 1, 2-5-08; Ord. No. 131, 2011, § 5, 2-21-12; Ord. No. 066, 2014, 5-20-14)

Sec. 2-54.  Procedure at the hearing.Go to the top

(a)  At the hearing on the appeal by the City Council, the presentation of argument on the merits of the appeal shall be made in the following order, subject to such limitations in time and scope as may be imposed at the discretion of the Mayor:

(1)  Explanation of the nature of the appeal and presentation by City staff;

(2)  Comments by Councilmembers who have inspected the site pursuant to Subsection 2-53(a) above;

(3)  Consideration of any procedural issues identified under Subsection (c) below;

(4)  Presentation of argument by the appellant and any party-in-interest in support of the appeal;

(5)  Presentation of argument by any party-in-interest who is an opponent of the appeal;

(6)  Rebuttal presentation by the appellant and any party-in-interest in support of the appeal;

(7)  Rebuttal presentation by any party-in-interest who is an opponent of the appeal;

(8)  Councilmember questions of City staff and parties-in-interest; and

(9)  Motion, discussion and vote by the City Council.

(b)  Factors to be considered in determining the period of time for the presentation of argument on the merits of an appeal shall include, but not be limited to, the complexity of the issues raised in the notice of appeal, the length of the record on appeal, the potential impact that the determination of the appeal may have on the community at large and the number of parties-in-interest who wish to address the Council with regard to the merits of the appeal.

(c)  Prior to hearing the presentation of argument on the merits of the appeal, the Mayor may, in his or her discretion, establish a separate period of time during which the Council may first consider and determine, by majority vote, any procedural issues related to the hearing of the appeal, including, but not limited to, the possible introduction or exclusion of certain evidence, the period of time to be allowed by the Mayor for presentation of argument on the merits of the appeal and any concerns or objections related to the record on appeal.

(d)  No person making a presentation to the City Council shall be subject to cross-examination except that members of the City Council and the City Attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented.

(e)  In the event of multiple appeals involving the same decision of a board, commission or other decision maker, the Mayor, in his or her discretion, may modify the procedure contained in Subsection (a) above so as to expedite the hearing of such appeals.

(Code 1972, § 3A-10; Ord. No. 124, 1987, § 2, 9-1-87; Ord. No. 174, 1988, §§ 2, 3, 12-20-88; Ord. No. 111, 1989, § 4, 8-1-89; Ord. No. 23, 1990, § 7, 4-3-90; Ord. No. 139, 1990, 1-15-91; Ord. No. 59, 1994, § 4, 4-19-94; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 003, 2008, § 2, 2-5-08; Ord. No. 131, 2011, § 6, 2-21-12; Ord. No. 066, 2014, 5-20-14)

Sec. 2-55.  Written materials; new evidence; scope of review; alternative actions available to the City Council; date of final action.Go to the top

(a)  The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter, the grounds for appeal cited in the notice of appeal and the arguments made by parties-in-interest at the hearing on the appeal; provided, however, that issues raised during the presentation of argument but not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal.

(b)  No written materials related to an appeal, other than the notice of appeal and the record on appeal, shall be presented to the City Council before or during an appeal hearing, and no new evidence shall be considered on appeal, except that new evidence in oral or written form may be submitted and considered under the following circumstances:

(1)  When offered in support of or in opposition to an allegation under Subparagraph 2-48(b)(2)c. of this Article that a board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading;

(2)  When offered in support of or in opposition to an allegation of bias under Subparagraph 2-48(b)(2)e. of this Division;

(3)  When offered by City staff or parties-in-interest in response to questions presented by Councilmembers under Subsection 2-54(a) or (d) above; or

(4)  When offered by Councilmembers after inspecting the site of the project development plan or other proposal that is the subject of an appeal pursuant to the provisions of § 2-53 of this Article.

(c)  Any new evidence permitted under Paragraphs (b)(1) or (2) above and submitted prior to the hearing or offered at the appeal hearing by City staff or parties-in-interest shall be limited to that which is either:

(1)  Described in the notice of appeal;

(2)  Submitted to the City Clerk in writing at least seven (7) days prior to the appeal hearing by any party-in-interest opposed to the appeal; or

(3)  Provided to the City Council by City staff prior to or during the appeal hearing.

(d)  Any party-in-interest who believes that new evidence has been improperly introduced into the appeal hearing may, at any time during the hearing, interrupt the proceedings and object to the Council's consideration of such evidence. If such an objection is made, the Mayor shall rule on the objection, after consultation with the City Attorney if necessary, and the evidence shall either be received and considered by the Council or disregarded by the Council in accordance with the ruling of the Mayor; provided, however, that the Mayor's ruling on this or any other procedural issue raised during the course of the hearing may be overridden by a majority of the Council. The failure of a party-in-interest to make such an objection shall constitute a waiver of the same by that party-in-interest for the purpose of any court appeal of the Council’s decision.

(e)  In considering an allegation that a board, commission or other decision maker failed to properly interpret and apply the relevant provisions of the Code or Charter asserted under Paragraph 2-48(b)(1) of this Article, the City Council shall determine how such provisions should, in the City Council's judgment, be applied to the evidence contained in the record on appeal.

(f)  At the conclusion of such hearing, the City Council shall uphold, overturn or modify the decision of the board, commission or other decision maker; provided, however, that:

(1)  The City Council shall instead remand the matter for rehearing if it finds that the appellant was denied a fair hearing before the board, commission or other decision maker for any of the reasons stated in Paragraph 2-48(b)(2) of this Article.

(2)  The City Council may also remand the matter for rehearing in order for the board, commission or other decision maker to receive and consider additional information with regard to any issue raised on appeal. Any such remand shall include direction from the City Council to the board, commission or other decision maker as to the issues to be considered at the rehearing.

(g)  No later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. The date of passage of such resolution shall be the date of final action of the City Council for the purpose of any subsequent judicial review of the decision of the City Council.

(Code 1972, § 3A-11; Ord. No. 124, 1987, § 3, 9-1-87; Ord. No. 23, 1990, § 8, 4-3-90; Ord. No. 67, 1993, § 3, 7-20-93; Ord. No. 59, 1994, § 5, 4-19-94; Ord. No. 88, 1995, § 5, 8-1-95; Ord. No. 53, 1997, § 2, 3-18-97; Ord. No. 234, 1998, § 5, 1-5-99; Ord. No. 088, 2006, § 4, 6-6-06; Ord. No. 089, 2006, 6-6-06; Ord. No. 003, 2008, § 3, 2-5-08; Ord. No. 131, 2011, § 7, 2-21-12; Ord. No. 066, 2014, 5-20-14)

Secs. 2-56—2-70.  Reserved.


ARTICLE III.Go to the top
BOARDS AND COMMISSIONS*

DIVISION 1. GENERALLYGo to the top

Sec. 2-71. Meetings defined, open meetings required; exceptions.Go to the top

(a) The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Meeting shall mean any gathering of a quorum or three (3) or more members, whichever is fewer, of any board or commission of the City, or any committee of such board or commission, at which any public business is discussed or at which any formal action may be taken, but shall not mean any chance meeting or social gathering at which the discussion of public business is not the central purpose.

(b) All meetings of boards and commissions of the City, and all meetings of any committees of such boards and commissions, shall be open to the public at all times, except that any board or commission, upon the affirmative vote of two-thirds (2/3) of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session, as enumerated in Subsection 2-31(a) above, insofar as such matters may be pertinent to the purposes for which the board or commission has been established by the City Council.

(c) No final policy decisions shall be made, nor shall any resolution be passed or other formal action taken by any board or commission in executive session.

(d) The following shall be exempted from the provisions of this Section:

(1) The trustees of the police, fire and general employees' pensions shall have the authority to meet in executive session for the purpose of reviewing pension applications, medical records, personnel records and reports and discussing pending as well as previously granted pensions with board attorneys.

(2) The review subcommittees of the Citizen Review Board, as described in Subsection 2-138(d), shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed requests that the matter be considered in open session. If such a request is made, the subcommittee shall determine the extent to which the consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s), the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest and any other constraints upon public dissemination imposed by law.

(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 83, 1992, § 1, 7-21-92; Ord. No. 91, 1992, § 9, 9-15-92; Ord. No. 76, 1998, § 2, 8-4-98; Ord. No. 17, 2000, § 1, 3-7-00; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 2-72. Notice of meetings.Go to the top

Any meeting at which any formal action could occur or at which a majority or quorum is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. For the purpose of this provision, adopting a regular meeting date and the filing of a statement with the City Clerk shall be considered full and timely notice. In the case of boards or commissions meeting on call or irregularly or in the event of any change to a regular meeting date on file with the City Clerk, the posting of a notice of the meeting pursuant to § 2-74 at least twenty-four (24) hours before the time of such meeting shall be full and timely notice. The City Clerk shall make all of such notices available to all interested members of the public.

(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 91, 1992, § 10, 9-15-92; Ord. No. 034, 2006, § 3, 3-21-06)

Sec. 2-73. Minutes of meetings.Go to the top

Minutes shall be taken of any meeting of any board or commission of the City, or any committee of such board or commission, at which the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or could occur. Such minutes shall be open to public inspection and shall be filed with the City Clerk upon approval by such board, commission or committee. Such approval shall occur no later than the next regular meeting of the board, commission or committee, except in those instances when an audio or video recording has been made and maintained by the City of the board, commission or committee meeting which is the subject of the minutes. Discussions that occur in an executive session of a board or commission, or any committee thereof, shall be subject to the same audio recording requirements and related procedures and regulations as are contained in § 2-33 pertaining to executive sessions of the City Council and its committees. The minutes of a meeting during which an executive session is held shall reflect the topic of the discussion at the executive session.

(Ord. No. 83, 1990, § 2, 9-4-90; Ord. No. 91, 1992, § 11, 9-15-92; Ord. No. 80, 1998, 5-19-98; Ord. No. 131, 2001, § 3, 9-4-01)

Sec. 2-74. Place of posting.Go to the top

The vestibule at the south entrance of City Hall West, 300 LaPorte Avenue, is designated as the proper place for the posting of public notice of any meetings of any City boards and commissions, or their committees, for which public notice is required to be given by the provisions of the Code. When possible, such notices should also be posted on the City's website. All meeting notices shall include information about the availability of agenda materials. The chairperson of each board or commission, or his or her designee, shall be responsible for the posting of such notice.

(Ord. No. 91, 1992, § 12, 9-15-92; Ord. No. 111, 1995, § 2, 9-5-95; Ord. No. 034, 2006, § 4, 3-21-06)

Secs. 2-75—2-80. Reserved.

DIVISION 2. AFFORDABLE HOUSING BOARD*Go to the top

Sec. 2-81. Creation.Go to the top

There shall be and is hereby created an Affordable Housing Board, hereafter referred to in this Division as the "Board."

(Ord. No. 84, 1993, 8-3-93)

Sec. 2-82. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council, which members shall possess expertise in affordable housing issues, including, without limitation, issues pertaining to development, finance, lending, charitable and low-income services and general community services.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 84, 1993, 8-3-93; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 090, 2007, § 1, 8-21-07)

Sec. 2-83. Functions.Go to the top

The duties and functions of the Board shall be:

(1) To advise the City Council on all matters pertaining to affordable housing issues of concern to the City;

(2) To aid and guide the development of City-wide affordable housing programs to address currently existing and potential affordable housing issues;

(3) To promote citizen participation and public education on City-wide affordable housing issues;

(4) To be aware of and coordinate with the various other City boards and commissions whose actions may affect affordable housing in the community; and

(5) To perform other such duties and functions and have other powers as provided by the City Council.

(Ord. No. 84, 1993, 8-3-93)

Sec. 2-84. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 84, 1993, 8-3-93; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-85. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 84, 1993, 8-3-93)

Secs. 2-86—2-90. Reserved.

DIVISION 3. AIR QUALITY ADVISORY BOARDGo to the top

Sec. 2-91. Creation.Go to the top

There shall be and is hereby created an Air Quality Advisory Board, hereafter referred to in this Division as the "Board."

(Ord. No. 78, 1994, 6-7-94)

Sec. 2-92. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 78, 1994, 6-7-94; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-93. Functions.Go to the top

The duties and functions of the Board shall be to advise the City Council regarding policies, plans and programs to improve and maintain the City's air quality. The Board may, without limitation, biennially review air quality indicators and recommend adjustments to the Air Quality Action Plan; review and recommend revisions, as needed, to the Air Quality Policy Plan and to any other City plans that may have significant impacts on air quality; and advise the Governor-designated lead agency for air quality planning on matters pertaining to the Fort Collins element of the State Implementation Plan. The Board may also convene ad hoc citizen task groups to provide additional technical expertise to the Board for the planning of specific action strategies.

(Ord. No. 78, 1994, 6-7-94; Ord. No. 8, 1999, 1-19-99)

Sec. 2-94. Coordination with other boards.Go to the top

The Board shall coordinate its work with the Transportation Board, Natural Resources Advisory Board and the Planning and Zoning Board, recognizing that certain transportation and land use decisions, policies and programs affect future air quality.

(Ord. No. 78, 1994, 6-7-94)

Sec. 2-95. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 78, 1994, 6-7-94; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-96. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 78, 1994, 6-7-94)

Sec. 2-97—2-100. Reserved.

DIVISION 4. ART IN PUBLIC PLACES BOARDGo to the top

Sec. 2-101. Creation.Go to the top

There shall be and is hereby created an Art in Public Places Board, hereafter referred to in this Division as the "Board."

(Ord. No. 21, 1995, § 1, 4-25-95)

Sec. 2-102. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council, three (3) of whom shall be arts professionals. For the purpose of this Section, arts professional shall mean a person who has either a degree in a visual arts related field and/or extensive professional experience in the visual arts. Upon the request of the City Council, the Cultural Resources Board shall recommend to the City Council arts professionals for appointment to the Board. A member of the Cultural Resources Board shall serve as an ex officio liaison to the Board.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 21, 1995, § 1, 4-25-95; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-103. Functions.Go to the top

The Board shall act as an advisory board and shall have the following functions:

(1) To advise and make recommendations to the City Council regarding incorporation of works of art into construction projects and regarding expenditures from the art in public places reserve account for artists, works of art and sites for placement of works of art, following established and published guidelines;

(2) To advise and make recommendations to the City Council regarding the acceptance of offers to donate art to be placed in public areas and regarding the site for placement of such donated art;

(3) To advise and make recommendations to the Director of Community Services and the City Council as to rules, regulations, guidelines, policy, administrative and budgetary matters pertaining to the art in public places program.

(Ord. No. 21, 1995, § 1, 4-25-95; Ord. No. 030, 2012, § 2, 4-17-12)

Sec. 2-104. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 21, 1995, § 1, 4-25-95; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-105. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 21, 1995, § 1, 4-25-95)

Secs. 2-106—2-116. Reserved.

DIVISION 5. BOARD OF ELECTIONSGo to the top

Editor's note—The Board of Elections is created in § 7-26. Ord. No. 18, 1994, adopted 6-7-94, renumbered former Division 3 to Division 4. Ord. No. 21, 1995, adopted 4-25-95, renumbered former Division 4 to Division 5.

DIVISION 6. BOARD OF TRUSTEES OF THE FIREFIGHTERS' PENSION PLANGo to the top

Editor's note—The Board of Trustees of the Firefighters' Pension Plan is created in § 21-42. Ord. No. 18, 1994, adopted 6-7-94, renumbered former Division 4 to Division 5. Ord. No. 21, 1995, adopted 4-25-95, renumbered former Division 4 to Division 5.

The Police Officers' Pension Plan was repealed by Ord. No. 92, 1992, § 1, 9-15-92.

DIVISION 7. BUILDING REVIEW BOARD*Go to the top

Sec. 2-117. Creation.Go to the top

There shall be and is hereby created a Building Review Board, hereafter referred to in this Division as the "Board."

(Ord. No. 93, 1987, § 3, 7-7-87)

Sec. 2-118. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council, three (3) of whom shall be qualified by experience and/or training to knowledgeably consider technical matters related to building construction.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 93, 1987, § 7-7-87; Ord. No. 128, 1990, § 1, 12-4-90; Ord. No. 92, 1992, § 2, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Cross-reference—Building Review Board shall augment its membership with two licensed master electricians when hearing appeals from decisions of enforcement officials under the National Electrical Code, § 5-87.

Sec. 2-119. Functions.Go to the top

The Board shall have the following functions:

(1) To determine the suitability of alternate materials or alternate methods of construction, provide for reasonable interpretations of the provisions of the City building code, City mechanical code, City plumbing code, City electrical code and City fire code, and hear all appeals made to it related to such codes;

(2) To hear all requests for variances from the requirements of Article 5, Title 9, C.R.S., which establishes standards and specifications governing the accessibility of buildings and facilities within the City to the physically handicapped;

(3) To hear all matters related to the suspension or revocation of any supervisor certificate or license or registration of any plumber or electrician as provided in the Code;

(4) To, upon appeal in specific cases, grant variances from the terms of Chapter 15, Article V, where the peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person regulated, or when the applicant can demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not specifically listed in Chapter 15, Article V, such as specialized training, education or additional experience, which the Board has determined qualifies the applicant to perform in a competent manner any construction authorized under the license or certificate sought, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of said Article;

(5) To serve as the Board of Appeals as required under Section 111 of the International Property Maintenance Code as adopted by the City and "Housing Standards" contained in Chapter 5, Article VI, Division 2 of the Code; and

(6) To advise the City Council on policy matters pertaining to the construction of buildings and the licensing of contractors and the certification of supervisors for all aspects of the construction of buildings, and to perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council.

(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 49, 1991, § 1, 5-7-91; Ord. No. 108, 1992, § 1, 11-3-92; Ord. No. 133, 1997, § 2, 8-19-97; Ord. No. 121, 2008, 10-21-08; Ord. No. 014, 2009, 02-17-09)

Sec. 2-120. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-121. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 93, 1987, § 3, 7-7-87; Ord. No. 79, 1988, § 2, 6-7-88; Ord. No. 92, 1992, § 2, 9-15-92)

Secs. 2-122—2-135. Reserved.

DIVISION 8. CITIZEN REVIEW BOARDGo to the top

Sec. 2-136. Creation.Go to the top

There shall be and is hereby created a Citizen Review Board, hereafter referred to in this Division as the "Board."

(Ord. No. 76, 1998, § 1, 8-4-98)

Sec. 2-137. Definitions.Go to the top

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Deadly force shall mean force, the intended, natural and probable consequence of which is to produce death.

Exonerated shall mean that the incident occurred, but the behavior of the police officer or community service officer did not violate any applicable administrative policy or law.

Not involved shall mean that the police officer or community service officer was not involved in the incident.

Not sustained shall mean that there is insufficient evidence to prove or disprove the allegation.

Sustained shall mean that the allegation is supported by sufficient evidence establishing that a police officer or community service officer violated one (1) or more applicable administrative policies or laws.

Unfounded shall mean that sufficient evidence was present to establish that the allegation was false or not factual.

(Ord. No. 76, 1998, § 1, 8-4-98)

Sec. 2-138. Membership; terms; training; subcommittees.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council. The names of nominees for all such appointments shall be submitted to the City Council by a committee consisting of two (2) Councilmembers and the City Manager. All members shall reside within the City’s Growth Management Area during their term on the Board.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed for a shorter or longer term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council, with or without cause. When a vacancy occurs on the Board prior to or at the expiration of a term, the vacancy shall be filled for the remaining unexpired portion of the term or for a new term, whichever is applicable, by City Council appointment pursuant to the process described in Subsection (a) of this Section. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(c) Those persons appointed to the Board shall attend and complete such training as may be developed by the City Manager, upon consultation with the Chief of Police.

(d) Upon notice that an investigatory file is being forwarded to the Board for review pursuant to the provisions of § 2-140, the chairperson shall randomly select four (4) members of the Board to serve as the review subcommittee. A separate review subcommittee shall be selected for each separate review. The fourth member selected to each review subcommittee shall serve as a substitute and shall participate in the review process, but shall not participate in any recommendation vote of the subcommittee unless one (1) of the other three (3) members of the review subcommittee becomes unable to participate and vote. To the extent possible, a request to reconsider pursuant to Subsection 2-140(f) shall be considered and, if appropriate, reviewed by the same subcommittee members who conducted the initial review.

(Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 225, 1998, 12-15-98; Ord. No. 93, 2002, § 2, 7-16-02; Ord. 24, 2005, § 2, 3-1-05; Ord. No. 030, 2012, § 3, 4-17-12)

Sec. 2-139. Functions.Go to the top

The Board shall have the following functions:

(1) At the request of the City Manager or the Chief of Police, to make recommendations to the City Manager or the Chief of Police concerning the interpretation of police policies and procedures.

(2) To review the following categories of internal investigations conducted by Police Services:

a. Investigations involving police officer or community service officer use of deadly force, whether or not the use of such force actually results in death;

b. Investigations initiated by the written complaint of any person involved in an incident occurring within one (1) year of said complaint, when such person alleges that: (i) a police officer or community service officer used force or discharged a firearm in violation of administrative policy or applicable law, (ii) a police officer or community service officer committed a crime, or (iii) as a result of a police officer's or community service officer's act or failure to act, a person sustained severe injury or death or suffered a civil rights violation;

c. Any other investigations as requested by the City Manager or the Chief of Police.

(3) To review any decision of the Chief of Police regarding the merits of any other investigation for which a review has not been conducted by the Board pursuant to Paragraph (2) of this Section, if review is requested in writing by a person involved in the investigated incident and such person alleges police officer or community service officer misconduct occurring within one (1) year of said request.

(4) To reconsider any review previously conducted by the Board if the Board determines that significant new information has become available which previously was not reasonably available to the Board, the complainant or to Police Services.

(5) Upon the request of any other public law enforcement entity operating within the City, to review the internal investigations of such entity if the matter being investigated occurred within the City.

(6) To make annual reports to the City Council and City Manager concerning the activities and recommendations of the Board;

(7) To perform such functions as are committed to it by other ordinances or resolutions of the City.

(Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 130, 2002, § 7, 9-17-02)

Sec. 2-140. Review procedures.Go to the top

(a) The Board, through its review subcommittees, shall conduct its reviews in accordance with the procedures contained in Subsections (b) through (l) below.

(b) Except as provided in Subsection (k) of this Section, within forty-five (45) days of learning of an incident involving police officer or community service officer use of deadly force as specified in Subparagraph 2-139(2)a, or within forty-five (45) days of its receipt of the written complaint of any person involved in an incident when such person alleges police officer or community service officer misconduct as specified in Subsection (2)b of § 2-139, occurring within one (1) year of said complaint, Police Services shall conduct an administrative investigation, and forward the investigatory file to the Board for review. This investigatory period may be extended by Police Services for not more than an additional thirty (30) days upon Police Services’ written notice to the Board and the complainant, which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the Board may grant such additional time as it deems necessary upon good cause shown. The review by the Board shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board’s written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The review shall be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint. The Chief of Police shall not make a decision regarding the merits of the investigation or the complaint until the Board has had the opportunity to convey the results of its review pursuant to the above time periods. The Chief of Police shall convey in writing his or her decision regarding the merits of the complaint to the complainant and the Board within thirty (30) days of his or her receipt of the Board's recommendations.

(c) Except as provided in Subsection (k) of this Section, within forty-five (45) days of its receipt of a written complaint alleging police officer or community service officer misconduct as specified in Subsection 2-139(3) , occurring within one (1) year of said complaint, made by a person involved in the incident, Police Services shall conduct and complete an administrative investigation, the results of which shall be provided in writing to the complainant in the form of a finding of "not involved," "unfounded," "exonerated," "not sustained" or "sustained." This investigatory period may be extended by Police Services for not more than an additional thirty (30) days upon Police Services' written notice to the complainant, which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the Board may grant such additional time as it deems necessary upon good cause shown. The complainant may request that the Board review the findings of Police Services if the complainant files a written request for review at Police Services or the City Manager's Office within fifteen (15) days of the complainant's receipt of the written findings. Upon receipt of a timely request for review, Police Services shall forward the investigatory file to the Board for review. The review by the Board shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty (30) days of his or her receipt of the Board's recommendation, affirm his or her prior findings, modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the Board in the form of a finding of "not involved," "unfounded," "exonerated," "not sustained" "or sustained."

(d) Upon the receipt of a request to review an investigation pursuant to Subparagraph 2-139(2)c, the Board's review shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police.

(e) Upon the receipt of a request to review an investigation pursuant to Paragraph 2-139(5), the Board's review shall consist of examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or law enforcement investigators. The Board may also request that the referring law enforcement entity further investigate the matter. The Board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to the referring law enforcement entity, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by the referring law enforcement entity, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the referring law enforcement entity.

(f) A request to reconsider any review previously conducted by the Board must contain a detailed written description of the significant new information which has become available and an explanation as to why such information was not reasonably available to the Board, the complainant or Police Services at the prior review. If the Board agrees to reconsider the review, Police Services shall forward the investigatory file to the Board for review. The review by the Board shall consist of considering the new information, examining the internal investigation file and, in the discretion of the Board, meeting with the complainant, witnesses and/or police investigators. The Board may also request that Police Services further investigate the matter. The Board shall complete its reconsideration within forty-five (45) days of submission of the investigatory file. This reconsideration period may be extended by the Board for not more than an additional thirty (30) days upon the Board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review, the Board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty (30) days of his or her receipt of the Board's recommendation, affirm his or her prior findings, modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the Board in the form of a finding of "not involved," "unfounded," "exonerated," "not sustained" "or sustained."

(g) A complainant may file a written complaint at Police Services, the City Manager's Office or at a Board meeting. Upon receipt of a written complaint at a location other than Police Services, the Board or receiving office shall forward the complaint to Police Services as soon as reasonably practical. In the event that a complainant is unable to complete any written complaint or request form, the Board, a citizen liaison, the City Manager's Office or Police Services shall, upon the complainant's verbal request, assist the complainant in reducing the complaint or request to writing. However, all complaint or request forms must be signed by the complainant.

(h) The Board and each of its members shall, to the extent required by law, maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters of the City or of the referring law enforcement entity. However, the Board shall allow public inspection of its observations and recommendations that are general in nature, that do not directly identify a specific employee and that do not recommend or comment upon discipline to be considered for an employee. Pursuant to Paragraph 2-71(d)(2), the review subcommittees shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed request that the matter be considered in open session. If such a request is made, the subcommittee shall determine the extent to which consideration and discussion of evidence will occur in open session. In making this determination, the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s), the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest and any other constraints upon public dissemination imposed by law. All other meetings or portions of meetings shall be open to the public at all times, except as authorized by Subsection 2-71(b).

(i) In the event that the Chief of Police is directly involved in the use of deadly force as specified in Subparagraph 2-139(2)a, or is the subject of a complaint of misconduct as specified in Paragraphs 2-139(2)b or (3), the City Manager shall fulfill, or shall designate another person to fulfill, the Police Chief's functions as specified in this Section.

(j) In computing any period of time prescribed by this Section, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a City-designated holiday, in which event the period of time runs until the end of the next day which is not a Saturday, a Sunday or a City-designated holiday.

(k) In the event that the actions of police officers or community service officers are being actively reviewed for consideration of criminal prosecution against said officers by the District Attorney's Office or other governmental entity which has the ability to bring criminal charges, Police Services may toll the running of any time limits for the completion of its administrative investigation until said prosecuting entity has announced that it has ceased its active review or made a charging decision, whichever first occurs. If Police Services determines that such tolling of the time limits should occur, it shall provide written notice to the Board and the complainant of its decision.

(l) In conducting its review of an investigation pursuant to this § 2-140, the review subcommittee may request that the City Council exercise its authority under Article 2, Section 5(e) of the City Charter to independently investigate the subject matter of the complaint and to compel by subpoena the attendance and testimony of witnesses and/or the production of any books or documents that the City Council believes may be necessary to fully investigate the matter, and/or to retain an independent investigator to obtain and provide the City Council with such additional investigative information that the City Council may deem necessary or helpful. Such request to the City Council shall be in writing, with notice to the complainant and Police Services, and shall set forth the reasons why such independent investigation is necessary. The request for the independent investigation described in this Subsection shall toll the running of any time limits for the completion of the subcommittee's review from the date of such request until the City Council either denies the request or completes its own investigation of the matter.

(Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 17, 2000, § 2, 3-7-00; Ord. No. 130, 2002, § 7, 9-17-02; Ord. No. 162, 2004, 10-19-04; Ord. No. 030, 2012, § 4, 4-17-12)

Sec. 2-141. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 76, 1998, § 1, 8-4-98; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-142. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 76, 1998, § 1, 8-4-98)

Secs. 2-143—2-150. Reserved.

DIVISION 9. COMMISSION ON DISABILITY*Go to the top

Sec. 2-151. Creation.Go to the top

There shall be and is hereby created a Commission on Disability, hereafter referred to in this Division as the "Commission."

(Ord. No. 158, 1986, § 6, 11-4-86)

Sec. 2-152. Membership; term.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 6, 11-4-86; Ord. No. 92, 1992, § 4, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 094, 2010, § 1, 9-7-10)

Sec. 2-153. Functions.Go to the top

The Commission shall have the following functions:

(1) To develop educational programs to acquaint our citizens with issues affecting individuals with disabilities;

(2) To form special committees including noncommission consultants or specialists to address issues affecting the well-being of individuals with disabilities;

(3) To communicate with other commissions in order to generate ideas helpful to the City Council;

(4) To educate City employees about access issues affecting individuals with disabilities;

(5) To recommend to the City design requirements that ensure accessibility;

(6) To help the City establish conditions and practices that contribute to employing individuals with disabilities;

(7) To serve as advocates among City employees, private businesses and the community on behalf of individuals with disabilities.

(Ord. No. 158, 1986, § 6, 11-4-86; Ord. No. 49, 1997, 3-18-97; Ord. No. 130, 2002, § 2, 9-17-02)

Sec. 2-154. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 6, 11-4-86; Ord. No. 104, 2002, § 2, 8-20-02)

Sec. 2-155. Minutes; annual report; work plan.Go to the top

The Commission shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Commission shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 6, 11-4-86; Ord. No. 79, 1988, § 4, 6-7-88; Ord. No. 92, 1992, § 4, 9-15-92)

Secs. 2-156—2-165. Reserved.

DIVISION 10.
Reserved*Go to the top

Secs. 2-166—2-180. Reserved.

DIVISION 11. COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION*Go to the top

Sec. 2-181. Creation.Go to the top

There shall be and is hereby created a Community Development Block Grant Commission, hereafter referred to in this Division as the "Commission."

(Ord. No. 98, 1990, § 3, 9-4-90)

Sec. 2-182. Membership; term.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council, including persons of low and moderate income who are residents of slum and blight areas and/or are residents of the low- and moderate-income neighborhood strategy areas that have been identified by the City.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. 98, 1990, § 3, 9-4-90; Ord. No. 92, 1992, § 6, 9-15-92; Ord. No. 42, 1995, 5-2-95; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 94, 2006, 7-18-06)

Sec. 2-183. Functions.Go to the top

The duties and functions of the Commission shall be:

(1) To advise the City Council on matters pertaining to the Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program;

(2) To promote the CDBG Program within the City with special attention to the three (3) low- and moderate-income neighborhood strategy areas of Holy Family, Laurel School, and Buckingham, Alta Vista and Andersonville (B.A.V.A.);

(3) To assess the community development needs of low- and moderate-income individuals and families and suggest programs to meet those needs;

(4) To provide recommendations to the City Council concerning the expenditure of CDBG funds received from the Department of Housing and Urban Development;

(5) To perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council.

(Ord. No. 98, 1990, § 3, 9-4-90)

Sec. 2-184. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code, other policies that may be established by the City Council or the Department of Housing and Urban Development rules and regulations. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 98, 1990, § 3, 9-4-90; Ord. No. 104, 2002, § 3, 8-20-02)

Sec. 2-185. Minutes; annual report; work plan.Go to the top

The Commission shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before October 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous CDBG fiscal year. On or before August 31 of each year, the Commission shall file a work plan with the City Clerk for the following CDBG fiscal year.

(Ord. No. 98, 1990, § 3, 9-4-90; Ord. No. 92, 1992, § 6, 9-15-92)

Secs. 2-186—2-200. Reserved.

DIVISION 12. CULTURAL RESOURCES BOARD*Go to the top

Sec. 2-201. Creation.Go to the top

There shall be and is hereby created a Cultural Resources Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 8, 11-4-86)

Sec. 2-202. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 8, 11-4-86; Ord. No. 92, 1992, § 7, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-203. Functions.Go to the top

The Board shall act as an advisory board and shall have the following functions:

(1) To advise and make recommendations to the Museum Director and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Fort Collins Museum;

(2) To advise and make recommendations to the Director of Cultural Services and Facilities and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Lincoln Center and any other cultural facility constructed by the City;

(3) To review proposals for funding from the Cultural Development and Programming Account and the Tourism Programming Account, following established and published guidelines, and to submit recommendations regarding such proposals to the City Council to be approved by the City Council by resolution;

(4) To advise and make recommendations to the City Manager regarding any proposed revisions to the guidelines used by the Cultural Resources Board to make the funding recommendations referred to in Paragraph (3) above;

(5) To assist, advise and make recommendations to the Director of Cultural Services and Facilities and the City Council in cooperating on community projects with other civic organizations and with individuals interested in the City's cultural programs and facilities, in order to promote awareness and understanding of, and appreciation for, the value of cultural resources in the community.

(Ord. No. 158, 1986, § 8, 11-4-86; Ord. No. 78, 1988, §§ 1, 2, 6-7-88; Ord. No. 28, 1992, 3-3-92; Ord. 74, 1997, §§ 1, 2, 5-20-97; Ord. No. 23, 1999, 3-2-99; Ord. No. 032, 2006, 3-7-06)

Cross-references—Landmark preservation, Ch. 14; Fort Collins Museum, § 23-186.

Sec. 2-204. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 8, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-205. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 8, 11-4-86; Ord. No. 79, 1988, § 6, 6-7-88; Ord. No. 92, 1992, § 7, 9-15-92)

Secs. 2-206—2-215. Reserved.

DIVISION 13. DOWNTOWN DEVELOPMENT AUTHORITYGo to the top

Secs. 2-216—2-219. Reserved.

Editor's note—The Downtown Development Authority creation, membership, powers, duties, etc., are contained in Article IV of this Chapter.

DIVISION 13.5. ECONOMIC ADVISORY COMMISSIONGo to the top

Sec. 2-220. Creation.Go to the top

There shall be and is hereby created an Economic Advisory Commission, hereafter referred to in this Division as the "Commission."

(Ord. No. 021, 2007, 2-20-07)

Sec. 2-221. Membership; term.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council, which members shall represent a cross section of the community and shall include persons with experience in economics, business or finance and persons with experience in other areas that the City Council may consider to be especially important to the economic health and sustainability of the community.

(b) Each member shall serve without compensation for a term of three (3) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 021, 2007, 2-20-07)

Sec. 2-222. Functions.Go to the top

The duties and functions of the Commission shall be:

(1) To advise the City Council on matters pertaining to the economic health and sustainability of the City, includ-ing but not limited to: (a) events and trends occurring outside the Fort Collins community that may affect the local economy; (b) immediate and long-term threats to the local economy; (c) ways in which to enhance the City's competitive position in relation to other communities; and (d) possible partnerships with other public and private entities;

(2) To recommend programs and strategies that may enhance the economic health and sustainability of the City;

(3) To be aware of and coordinate with other City boards and commissions whose actions may affect the eco-nomic health and sustainability of the City;

(4) To advise the City Council on existing or proposed policies, practices or regulations of the City that may affect the local economy; and

(5) To perform other such duties and functions as provided by the City Council.

(Ord. No. 021, 2007, 2-20-07)

Sec. 2-223. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. By-laws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 021, 2007, 2-20-07)

Sec. 2-224. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Commission shall file a work plan with the City Clerk for the following year.

(Ord. No. 021, 2007, 2-20-07)

Secs. 2-225—2-230. Reserved.

DIVISION 14. ENERGY BOARDGo to the top

Sec. 2-231. Creation.Go to the top

There shall be and is hereby created an Energy Board, hereafter referred to in this Division as the "Board."

(Ord. No. 098, 2011, § 1, 9-6-11)

Sec. 2-232. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 098, 2011, § 1, 9-6-11)

Sec. 2-233. Functions.Go to the top

The duties and functions of the Board shall be:

(1) To advise the City Council and staff regarding the development and implementation of the City's energy policy;

(2) To advise the City Council and staff in developing City policies that encourage the incorporation of energy conservation and efficiency, carbon emissions reduction and renewable energy into the development and provision of City utility services, the design and construction of City transportation projects, and the way in which the City impacts the overall built environment within the City;

(3) To advise the City Council and staff regarding the alignment of energy programs and policies with City, ratepayer and community values and service delivery expectations;

(4) To advise the City Council and staff regarding the recommendations for improvements to City energy systems;

(5) To coordinate with other City boards and commissions regarding energy issues;

(6) To advise the City Council and staff regarding budgetary, rate-making and operational matters related to the electric utility;

(7) To annually review and provide advice to City Council and staff on the City's Legislative Policy Agenda regarding energy and energy-related carbon issues; and

(8) To perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council.

(Ord. No. 098, 2011, § 1, 9-6-11)

Sec. 2-234. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 098, 2011, § 1, 9-6-11)

Sec. 2-235. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of this Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 098, 2011, § 1, 9-6-11)

DIVISION 15. GOLF BOARD*Go to the top

Sec. 2-236. Creation.Go to the top

There shall be and is hereby created a Golf Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 10, 11-4-86)

Sec. 2-237. Membership; term. Go to the top

(a)  The Board shall consist of seven (7) members appointed by the City Council.

(b)  Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 10, 11-4-86; Ord. No. 82, 1990, § 1, 8-7-90; Ord. No. 70, 1992, 7-7-92; Ord. No. 92, 1992, § 10, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 132, 2012, § 1, 12-4-12)

Sec. 2-238. Functions.Go to the top

The Board shall act as an advisory board and shall have the following functions:

(1) To advise and make recommendations to the Director of Community Services (the "Director") and the City Council as to rules, regulations, policies, administrative and budgetary matters pertaining to the operation and maintenance of all City-owned golf courses;

(2) To advise and make recommendations to the Director concerning the terms and conditions of any agreements to be entered into with golf professionals and other concessionaires in connection with City-owned golf courses as well as any other agreements which may affect the management, operation, maintenance, construction or acquisition of City-owned golf courses;

(3) To assist in the procurement of goods and services for City-owned golf courses, including the selection of golf professionals, concessionaires and other contractors, by appointing two (2) Board members to serve on any review committee that may be established by the City under the provisions of § 8-158 of this Code for the purpose of making such procurements; and

(4) To advise and make recommendations to the City Manager concerning approval of annual fees and charges at City-owned golf courses.

(Ord. No. 158, 1986, § 10, 11-4-86; Ord. No. 92, 1992, § 10, 9-15-92; Ord. No. 133, 1994, 9-20-94; Ord. No. 115, 2003, 9-2-03; Ord. No. 030, 2012, § 5, 4-17-12)

Sec. 2-239. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 10, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-240. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 10, 11-4-86; Ord. No. 79, 1988, § 8, 6-7-88; Ord. No. 92, 1992, § 10, 9-15-92)

Secs. 2-241—2-245. Reserved.

DIVISION 16. HOUSING AUTHORITY*Go to the top

Secs. 2-246—2-260. Reserved.

Editor's note—The Housing Authority creation, membership, powers, duties, etc., are contained in Article IV of this Chapter.

DIVISION 17. HUMAN RELATIONS COMMISSION**Go to the top

Sec. 2-261. Creation.Go to the top

There shall be and is hereby created a Human Relations Commission, hereafter referred to in this Division as the "Commission."

(Ord. No. 158, 1986, § 11, 11-4-86)

Sec. 2-262. Membership; terms.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 11, 11-4-86; Ord. No. 83, 1992, § 2, 7-21-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-263. Functions.Go to the top

The Commission shall have the following functions:

(1) To promote positive interaction among all City residents and to discourage all forms of discrimination based upon the diversified values and individual differences of such residents by:

a. Developing and promoting educational programs and activities that advocate awareness and respect for diversity;

b. Cooperating with and providing leadership and support for other groups interested in promoting value and respect for diversity and positive intergroup relations;

c. Educating City residents about existing local, state and federal laws dealing with discrimination and diversity;

d. Reviewing proposed legislation, policy changes or other governmental action at the federal, state or local level which may affect human rights in the City and making recommendations to the City Council regarding the same; and

e. Recommending to the City Council such actions as may be necessary or advisable to achieve:

1. Equal employment opportunities for all persons;

2. Equal housing opportunities for all persons;

3. Equal public accommodation opportunities for all persons; and

4. Positive community relations in all fields of governmental endeavor.

(2) To assist residents of the City in utilizing the complaint procedure under Chapter 13, Article II of the Code and to hear appeals from decisions of the City Manager as provided in Subsection 13-23(b) of the Code; provided, however, that any members of the Commission who have rendered assistance to particular complainants shall refrain from participating in the Commission's review of any decisions of the City Manager related to such complainants.

(3) To facilitate the review of citizen complaints concerning the actions of City police officers or community service officers by:

a. Designating volunteers from the public or from the Commission's own membership to assist individual citizens who wish to file such complaints;

b. Assisting citizens who have language barriers in the completion of complaint forms;

c. Soliciting assistance from other social agencies in notifying the public about the complaint process; and

d. Communicating with other similar Commissions in order to share experiences and become more sensitive to potential problems.

(4) To make periodic reports to the City Council concerning the activities and recommendations of the Commission; and

(5) To perform such functions as are committed to it by other ordinances or resolutions of the City.

(Ord. No. 158, 1986, § 11, 11-4-86; Ord. No. 83, 1992, § 3, 7-21-92; Ord. No. 103, 1993, 9-21-93; Ord. No. 76, 1998, § 3, 8-4-98; Ord. No. 151, 2001, 10-16-01)

Sec. 2-264. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 11, 11-4-86; Ord. No. 104, 2002, § 2, 8-20-02)

Sec. 2-265. Minutes; annual report; work plan.Go to the top

The Commission shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Commission shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 11, 11-4-86; Ord. No. 79, 1988, § 10, 6-7-88; Ord. No. 83, 1992, § 4, 7-21-92)

Secs. 2-266—2-269. Reserved.

DIVISION 18. LAND CONSERVATION AND STEWARDSHIP BOARD*Go to the top

Sec. 2-270. Creation.Go to the top

There shall be and is hereby created a Land Conservation and Stewardship Board, hereafter referred to in this Division as the "Board."

(Ord. No. 169, 2005, § 1, 12-20-05)

Sec. 2-271. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this Section, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(c) In connection with the solicitation, consideration and appointment of members to the Board, the City Council may consider and give preference to an applicant's experience or training in, or familiarity with, land conservation and stewardship, public or outdoor recreation (such as wildlife observation, hiking, biking or horseback riding), conservation biology (including restoration ecology, range management, fire ecology, riparian ecology and wildlife management); nature interpretation and education, land or resource management, and real property transactions.

(Ord. No. 169, 2005, § 1, 12-20-05)

Sec. 2-272. Functions.Go to the top

The duties and functions of the Board shall be as follows:

(1) To advise City Council regarding policy and budgetary matters pertaining to the Natural Areas Program, including, but not limited to, the expenditure of Open Space, Yes! and Larimer County Help Preserve Open Space dedicated sales tax revenues.

(2) To advise Natural Areas Program staff and the City Council in connection with the proposed acquisition or disposition of land, interests in land, interests in water and other interests in real property for the Natural Areas Program.

(3) To advise Natural Areas Program staff regarding the development of management plans and public improvements for Natural Areas Program properties.

(4) Upon request of the City Manager or at the direction of the City Council, to advise City Council regarding any positive or negative impacts that particular plans or projects of the City or of other public or private entities may have on Natural Areas Program properties or properties that may be of interest to the Natural Areas Program. This provision shall not apply to development projects for which applications have been submitted to the City for approval under the Land Use Code.

(5) Upon request of the City Manager or at the direction of the City Council, to advise City Council in connection with the proposed acquisition or disposition of land, interests in land, interests in water and other interests in real property for City programs other than the Natural Areas Program.

(Ord. No. 169, 2005, § 1, 12-20-05; Ord. No. 041, 2008, 5-20-08)

Sec. 2-273. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 169, 2005, § 1, 12-20-05)

Sec. 2-274. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 169, 2005, § 1, 12-20-05)

Sec. 2-275. Reserved.

DIVISION 19. LANDMARK PRESERVATION COMMISSION*Go to the top

Sec. 2-276. Creation.Go to the top

There shall be and is hereby created a Landmark Preservation Commission, hereafter referred to in this Division as the "Commission."

(Ord. No. 158, 1986, § 12, 11-4-86)

Sec. 2-277. Membership; term.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council. At least four (4) members shall be professionals in preservation related disciplines, including, but not limited to, architecture, architectural history, archaeology, history, urban planning, American studies, American civilization, cultural geography or cultural anthropology. In making appointments to the Commission, the City Council shall also give due consideration to maintaining a balance of interests and skills in the composition of the Commission and to the individual qualifications of the candidates, including, but not limited to, their training, experience, knowledge or interest in any one (1) or more of the fields of architecture, landscape architecture, architectural history, structural engineering, general contracting, urban planning and commerce.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 92, 1992, § 12, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 002, 2011, § 1, 2-1-11; Ord. No. 068, 2012, 8-21-12)

2-278.  Functions.Go to the top

(a)  The Commission shall perform all duties relating to preservation of historic landmarks as set out in Chapter 14 of this Code, including the designation of sites, structures, objects or districts as landmarks and the review and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site, structure, object or district. Decisions of the Commission are final unless appealed to the City Council.

(b)  The Commission shall also perform the following additional functions:

(1)  To promote awareness and understanding of, and appreciation for, the value of historic resource preservation in contributing to the quality of life in the City and actively encourage property owners to voluntarily designate their properties as historic landmarks;

(2)  To advise the City Council and City staff with regard to the identification and evaluation of historic resources within the Growth Management Area and provide information regarding the significance of the resources, the nature and degree of threat to their preservation and methods for their protection;

(3)  To advise the City Council and City staff with regard to appropriate policies, incentives and regulations for encouraging and/or requiring preservation and rehabilitation of historic resources;

(4)  To coordinate with the various other City boards, commissions and City staff members whose actions may affect the preservation of historic resources in the community;

(5)  To establish a committee of its members to provide advice and, if required under § 2.10.2(H) of the Land Use Code, written recommendations to the owners of eligible historic properties, and of properties located near eligible historic properties, regarding historically appropriate design and site planning for additions, alterations and new construction in the City; provided, however, that any members of such committee who provide such advice or recommendations to property owners under this provision shall refrain from participating in any subsequent decisions of the Commission related to such properties;

(6)  To provide advice and written recommendations to the appropriate decision maker and/or administrative body regarding plans for properties containing or adjacent to sites, structures, objects or districts that: (a) have been determined to be individually eligible for local landmark designation or for individual listing in the State or National Registers of Historic Places; (b) are officially designated as a local or state landmark or are listed on the National Register of Historic Places; or (c) are located within an officially designated historic district or area; and

(7)  To perform such other duties and functions as may be provided by the City Council by ordinance or resolution.

(c)  In order to better perform the foregoing functions and to coordinate the activities of the Commission with similar activities of other public and private agencies, members of the Commission may be appointed, by majority vote of the Commission, to serve as City representatives on the board of directors of the Historic Fort Collins Development Corporation, the Poudre Landmark Foundation or such other privately funded nonprofit corporations as the Commission may approve that are organized for the primary purpose of furthering the preservation of the community's historic resources.

(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 78, 1988, § 3, 6-7-88; Ord. No. 66, 1995, 6-20-95; Ord. No. 24, 2005, § 3, 3-1-05; Ord. No. 002, 2011 § 2, 2-1-11; Ord. No. 058, 2014, 4-15-14)

Sec. 2-279. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 104, 2002, § 2, 8-20-02)

Sec. 2-280. Minutes; annual report; work plan.Go to the top

The Commission shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Commission shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 79, 1988, § 11, 6-7-88; Ord. No. 92, 1992, § 12, 9-15-92)

Secs. 2-281—2-290. Reserved.

DIVISION 20. RESERVED*Go to the top

Secs. 2-291—2-305. Reserved.

DIVISION 21. LIQUOR LICENSING AUTHORITYGo to the top

Editor's note—The Liquor Licensing Authority creation, membership, powers, duties, etc., are contained in §§ 3-31 through 3-35. Formerly, Div. 19; renumbered Div. 20 by Ord. No. 100, 1991, adopted Aug. 20, 1991. Formerly, Div. 20, renumbered Div. 21 by Ord. No. 169, 2005, adopted 12-20-05.

DIVISION 22. RESERVED*Go to the top

Editor's note—The Massage Licensing Authority creation, membership, powers, duties, etc., are contained in §§ 16-16 through 16-20. Formerly, Div. 20; renumbered Div. 21 by Ord. No. 100, 1991, adopted Aug. 20, 1991. Formerly, Div. 21, renumbered Div. 22 by Ord. No. 169, 2005, adopted 12-20-05.

DIVISION 23. NATURAL RESOURCES ADVISORY BOARD*Go to the top

Sec. 2-306. Creation.Go to the top

There shall be and is hereby created a Natural Resources Advisory Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 16, 11-4-86)

Sec. 2-307. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 18, 1991, 2-19-91; Ord. No. 92, 1992, § 14, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-308. Functions.Go to the top

The Board shall have the following functions:

(1) To advise the City Council on all matters pertaining to natural resources and environmental protection issues of concern to the City;

(2) To analyze various natural resources issues and to aid and guide the development of City-wide natural resources programs to address currently existing and potential natural resources and environmental issues;

(3) To promote citizen participation and public education on City-wide natural resources and environmental protection issues;

(4) To be aware of and coordinate with the various Office of Sustainability Services technical advisory committees;

(5) To perform such other duties and functions and have such other powers as provided by the City Council.

(Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 030, 2012, § 6, 4-17-12)

Sec. 2-309. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-310. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 16, 11-4-86; Ord. No. 79, 1988, § 13, 6-7-88; Ord. No. 92, 1992, § 14, 9-15-92)

Secs. 2-311—2-315. Reserved.

DIVISION 24. PARKING ADVISORY BOARD *Go to the top

Sec. 2-316. Creation.Go to the top

There shall be and is hereby created a Parking Advisory Board, hereafter referred to in this Division as the "Board."

(Ord. No. 039, 2013, 3-19-13)

Sec. 2-317. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members, all of whom shall be appointed by the City Council, five (5) of whom shall be either residents, landowners, employees, business owners or tenants within the downtown area and four (4) of whom shall represent a broad base of the City at large.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 039, 2013, 3-19-13)

Sec. 2-318. Functions.Go to the top

The Board shall have the following functions:

(1) To make recommendations to the City Council regarding the implementation of the City's parking policies and plans;

(2) To provide an avenue for ongoing stakeholder input and involvement in parking decisions that affect the public;

(3) To support and advocate for parking initiatives and programs;

(4) To help educate the public about parking issues;

(5) To work with other boards and commissions of the City or other community organizations that have an interest in parking issues;

(6) To perform such other duties and functions and have such other powers as provided by the City Council.

(Ord. No. 039, 2013, 3-19-13)

Sec. 2-319. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chair and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 039, 2013, 3-19-13)

Sec. 2-320. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 039, 2013, 3-19-13)

Secs. 2-321—2-335. Reserved.

DIVISION 25. PARKS AND RECREATION BOARD*Go to the top

Sec. 2-336. Creation.Go to the top

There shall be and is hereby created a Parks and Recreation Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 18, 11-4-86)

Sec. 2-337. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 18, 11-4-86; Ord. No. 92, 1992, § 15, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-338. Functions.Go to the top

The Board shall act as an advisory board and shall have the following functions:

(1) To advise and make recommendations to the Director of Community Services and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Department, excluding matters relating to the operation and maintenance of City-owned golf courses and cemeteries;

(2) To assist the City in cooperating with the Poudre School District and other organizations and individuals interested in the City's parks and recreation programs;

(3) To promote community awareness and understanding of, and appreciation for, the values of parks and recreation as a resource contributing to the quality of life in Fort Collins.

(Ord. No. 158, 1986, § 18, 11-4-86; Ord. No. 92, 1992, § 15, 9-15-92; Ord. No. 133, 2011, 11-1-11; Ord. No. 030, 2012, § 7, 4-17-12)

Sec. 2-339. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 18, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-340. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 18, 11-4-86; Ord. No. 79, 1988, § 14, 6-7-88; Ord. No. 92, 1992, § 15, 9-15-92)

Secs. 2-341—2-350. Reserved.

DIVISION 26. PERSONNEL BOARDGo to the top

Editor's note—The Personnel Board creation, membership, powers, duties, etc., were contained in §§ 21-26 through 21-29. Formerly, Div. 24, was renumbered Div. 25 by Ord. No. 169, 2005, adopted 12-20-05. Sections 21-25 through 21-29 were then repealed by Ord. No. 165, 2005, adopted 12-20-05. Formerly, Div. 25, renumbered Div. 26 by Ord. No. 039, 2013, adopted 3-19-13.

DIVISION 27. PLANNING AND ZONING BOARD*Go to the top

Sec. 2-351. Creation.Go to the top

There shall be and is hereby created a Planning and Zoning Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 19, 11-4-86)

Sec. 2-352. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 19, 11-4-86; Ord. No. 82, 1990. § 6, 8-7-90; Ord. No. 92, 1992, § 16, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-353. Functions.Go to the top

The Board shall have the following functions:

(1) To advise the City Council on zoning, subdivision, annexations, major public and private projects and long-range planning;

(2) To exercise the authority vested in it by state planning and zoning laws subject to the provisions of this Division and the following additional provisions and limitations:

a. All references in Title 31, Article 23, Part 2, C.R.S., to the adoption of the master/comprehensive plan by a "planning commission" shall not apply to the Board, and the function of the Board with respect to the adoption of a master/comprehensive plan for the City shall be to advise and make recommendations to the City Council regarding the adoption of the same.

b. Notwithstanding any provision to the contrary in Section 31-23-214, C.R.S., or in Title 31, Article 23, Part 2, to the effect that a planning commission has the power to adopt regulations governing the subdivision of land in the City, all such regulations governing the subdivision of land shall be adopted by the City Council as required pursuant to Article II, Section 6 of the Charter.

c. The procedures for development review within the City shall be as established in the Land Use Code or, if applicable, the Transitional Land Use Regulations. Accordingly, Section 31-23-215, C.R.S., shall have no force or effect in the City.

d. To the extent that any provision contained in Title 31, Article 23, C.R.S. conflicts, either expressly or implicitly, directly or indirectly, with any law or regulation enacted by the City, the law or regulation of the City shall control.

(3) To cooperate with school, county and any other planning and zoning board and with the approval of the City Council to enter into agreements to promote uniform planning and zoning within and without the City;

(4) To take final action to approve, disapprove or approve with conditions planning items in accordance with this Code and Charter subject to the appeal procedures contained in Article II, Division 3 of this Chapter. In taking such final action, the Board shall have the authority to accept the dedication of streets, easements and other rights-of-way as laid out on plats presented to the Board for approval or as otherwise described in deeds of dedication, whether on or off the site of a specific planning item, provided that such dedication is necessitated by reason of the approval of such planning item. The Board shall also have the authority to vacate easements and other rights-of-way, but not to include streets and alleys, by resolution or by approval of replats containing notation of such vacation.

(Ord. No. 158, 1986, § 19, 11-4-86; Ord. No. 173, 1987, 11-3-87; Ord. No. 4, 1988, 1-19-88; Ord. No. 59, 1988, 5-3-88; Ord. No. 135, 1988, 10-18-88; Ord. No. 37, 1993, 5-4-93; Ord. No. 89, 1995, § 1, 8-1-95; Ord. No. 33, 1996, 4-2-96; Ord. No. 51, 1997, § 6, 3-18-97; Ord. No. 91, 1998, 5-19-98; Ord. No. 43, 2005, 5-3-05)

Cross-references—Zoning, annexation, subdivisions and development of land, Land Use Code (or Transitional Land Use Regulations, if applicable).

Sec. 2-354. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 19, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-355. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 19, 11-4-86; Ord. No. 79, 1988, § 15, 6-7-88; Ord. No. 92, 1992, § 16, 9-15-92)

Secs. 2-356—2-370. Reserved.

DIVISION 28. RESERVED*Go to the top

Secs. 2-371—2-395. Reserved.

DIVISION 29. RETIREMENT COMMITTEEGo to the top

Editor's note—The Retirement Committee creation, membership, powers, duties, etc., are contained in § 21-86 et seq. Formerly, Div. 28, renumbered Div. 29 by Ord. No. 039, 2013, adopted 3-19-13.

DIVISION 30. SENIOR ADVISORY BOARD*Go to the top

Sec. 2-396. Creation.Go to the top

There shall be and is hereby created a Senior Advisory Board, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 22, 11-4-86)

Sec. 2-397. Membership; term.Go to the top

(a) The Board shall consist of eleven (11) members, nine (9) of whom shall be appointed by the City Council and two (2) of whom shall be appointed by the Senior Center Council of the City Parks and Recreation Department (the "Senior Center Council").

(b) Each member appointed by the City Council shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. Each member appointed by the City Council shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member appointed by the City Council shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(c) Each member appointed by the Senior Center Council shall serve without compensation for a term of two (2) years, except that members may be appointed by the Senior Center Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. Each member appointed by the Senior Center Council shall be subject to removal by the Senior Center Council. If a vacancy occurs on the Council by reason of the departure of a member appointed by the Senior Center Council, it shall be filled by the Senior Center Council for the remaining unexpired portion of the term. No member appointed by the Senior Center Council shall serve more than two (2) consecutive two-year terms.

(Ord. No. 158, 1986, § 22, 11-4-86; Ord. No. 58, 1991, 6-4-91; Ord. No. 92, 1992, § 17, 9-15-92; Ord. No. 93, 2002, § 3, 7-16-02)

Sec. 2-398. Functions.Go to the top

The Board shall have the following functions:

(1) To serve as a supporting agency for all senior citizen services and activities in the City;

(2) To publicize and support present senior citizen services and activities in the community;

(3) To investigate and make recommendations regarding new senior citizen services and activities;

(4) To encourage new senior citizen programs as need is indicated and, when appropriate, to participate in the planning and development of such programs if asked to do so;

(5) To encourage and support widespread opportunities for more meaningful and useful participation of senior citizens in community activities and programs;

(6) To establish and maintain communication with local, state and national groups and government agencies concerning senior citizens;

(7) To advocate policies and practices within the community that respect and consider the needs and interests of senior citizens;

(8) To work to dispel stereotypes about aging through education and awareness activities.

(Ord. No. 158, 1986, § 22, 11-4-86; Ord. 104, 1996, 8-20-96; Ord. No. 199, 2004, 1-4-05)

Sec. 2-399. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 22, 11-4-86; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-400. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 22, 11-4-86; Ord. No. 79, 1988, § 16, 6-7-88; Ord. No. 92, 1992, § 17, 9-15-92)

Secs. 2-401—2-410. Reserved.

DIVISION 31. RESERVED*Go to the top

Secs. 2-411—2-417. Reserved.

DIVISION 32. TELECOMMUNICATIONS BOARD**Go to the top

Secs. 2-418—2-425. Reserved.

DIVISION 33. TRANSPORTATION BOARD**Go to the top

Sec. 2-426. Creation.Go to the top

There shall be and is hereby created a Transportation Board, hereafter referred to in this Division as the "Board."

(Ord. No. 29, 1992, 3-3-92)

Sec. 2-427. Membership; term.Go to the top

(a) The Board shall consist of nine (9) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 29, 1992, 3-3-92; Ord. No. 109, 1995, 8-15-95; Ord. No. 93, 2002, § 1, 7-16-02; Ord. No. 124, 2012, 11-20-12)

Sec. 2-428. Functions; Bicycle Advisory Committee.Go to the top

(a) The duties and functions of the Board shall be to advise the City Council on matters pertaining to the City's transportation policies and system, including but not limited to transportation planning, alternative modes planning (including bikeways, pedestrian facilities, transit, air transportation and van- and car-pooling), capital improvement projects, downtown parking management and other transportation issues as identified in the Board work plan. Additionally, the Board shall review the City's interaction with federal, state and county government, as well as North Front Range Transportation and Air Quality Planning Council, Colorado State University and Poudre School District on transportation-related issues.

(b) The Board shall also establish and keep in place a committee to be known as the "Bicycle Advisory Committee," the purpose of which shall be to advise the Board with regard to bicycling-related issues. Said Committee shall consist of sixteen (16) members, one (1) of whom shall be a member of the Board, and fifteen (15) of whom shall be appointed by the City Manager. The City Manager appointees shall consist of three (3) "at large" members of the community plus one (1) member of each of the following City boards and commissions and other civic organizations:

Air Quality Advisory Board

Parks and Recreation Board

Natural Resources Advisory Board

Land Conservation and Stewardship Board

Senior Advisory Board

Economic Advisory Commission

Downtown Development Authority

Bike Fort Collins

Fort Collins Bike Co-op

Poudre School District

Colorado State University

University Connections

In addition to the foregoing sixteen (16) voting members, the Committee shall also include four (4) nonvoting members, with one (1) such member each representing the City's Traffic Operations Department, Engineering Department, Transportation Planning Division and Police Services. The Bicycle Advisory Committee may establish bylaws, rules and regulations for its own organization and procedures in accordance with the City's policies for boards and commissions, and all voting members of the Committee shall be governed by said policies. Each member of the Bicycle Advisory Committee shall serve for a term of two (2) years.

(Ord. No. 29, 1992, 3-3-92; Ord. No. 003, 2009, 1-20-09; Ord. No. 030, 2012, § 8, 4-17-12)

Sec. 2-429. Coordination with other boards, commissions and the community at large.Go to the top

The Board will coordinate its policy review with other appropriate City boards and commissions as needed. This coordination is intended to provide an integrated review of transportation issues as they relate to other policy areas such as air quality, natural resources and land use. The Board will ensure that an element of its policy review will include appropriate community input.

(Ord. No. 29, 1992, 3-3-92)

Sec. 2-430. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 29, 1992, 3-3-92; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-431. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 29, 1992, 3-3-92; Ord. No. 92, 1992, § 19, 9-15-92)

Secs. 2-432—2-435. Reserved.

DIVISION 34. WATER BOARD*Go to the top

Sec. 2-436. Creation and purposes.Go to the top

(a) There shall be and is hereby created a Water Board, hereafter referred to in this Division as the "Board."

(b) The purposes of the Board shall be to advise the City Council in matters pertaining to water, wastewater and stormwater utility policy issues and to act as a quasi-judicial body relating to certain matters. These matters shall include, without limitation, the following:

(1) To advise the City Council regarding water rights planning, acquisition and management; service and development fees; water rental rates; annual budgets; service area and drainage base delineation; master planning; development and design criteria; water conservation; public information and education; drought emergency; regulatory issues; water quality issues; and local, state and federal legislation;

(2) To act as a quasi-judicial body relating to floodplain regulation variances, stormwater fee disputes, determining raw water conversion factors and storm drainage design criteria variances;

(3) To provide advice and citizen input regarding proposed policies and actions affecting the customers of the water, wastewater and stormwater utilities; and

(4) To advise the City Council regarding other water-related policy issues pertaining to environmental and recreational uses of water, regional and state water issues and projects and obligations to Fort Collins citizens outside of the water utility service area.

(Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 28, 1998, § 1, 3-17-98)

Sec. 2-437. Membership; term.Go to the top

(a) The Board shall initially consist of eighteen (18) members. Seven (7) of these members shall be those persons who were serving on the City's Storm Drainage Board as of September 3, 1996. The other eleven (11) members shall be those persons who were serving on the City's Water Board as of September 3, 1996. Notwithstanding the provisions of Subsection (b) below, City Council shall not fill any vacancies on the Board until a vacancy would leave the board with less than eleven (11) members. Once the Board is left with eleven (11) members, the Board shall thereafter consist of eleven (11) members.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(c) The County Board of Commissioners may appoint a representative of the County's Public Works Department to serve as an ex officio member to act as liaison to the Board, who shall represent the County in the City/County coordination of stormwater management matters. Such ex officio member shall not have voting privileges on matters coming before the Board, and may be excluded from any closed session of the Board. Such ex officio member shall serve for an indefinite duration; however, such appointment may be terminated by order of the City Council or the County Board of Commissioners, or upon resignation of the member.

(Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 145, 1988, 11-1-88; Ord. No. 51, 1991, 5-21-91; Ord. No. 92, 1992, § 18, 9-15-92; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 93, 2002, § 4, 7-16-02)

Sec. 2-438. Functions.Go to the top

(a) The Board shall make recommendations to the City Council concerning stormwater facilities in the City. The Board shall recommend to the City Council the appropriate division of the City into separate drainage basins. These basins shall separately fund the stormwater facilities to be installed to serve each basin. The Board shall recommend the facilities needed for each basin to provide adequate stormwater drainage in the basin. Such recommendations shall include the following for each drainage basin:

(1) The facilities to be installed;

(2) The time and schedule for installation of facilities;

(3) The method of assessing costs of facilities to be installed against property in the basin; and

(4) The portion of the cost of facilities to be funded by the property in the basin and the portion, if any, of such cost which should be paid by the City as a whole.

(b) Before making a recommendation for any stormwater project, the Board shall analyze the project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be recommended if the analysis indicates that the total benefits are greater than the cost of the project.

(c) The Board shall review and make recommendations to the City Council on a master drainage plan to be developed for stormwater facilities by the City administration. Such recommendations shall include proposed methods of funding any master drainage plan as finally approved.

(d) The Board shall consider all variances and appeals from the application of the provisions of the provisions of Chapter 10 of this Code, Flood Prevention and Protection.

(e) The Board shall hear the petition of any owner or owners of property in the City who dispute the amount of the stormwater utility fee or stormwater basin fee made against such owner's property or who dispute any determination made by or on behalf of the City pursuant to and by authority of Chapter 26, Article VII of this Code and shall make such revision or modification of such charge or determination as it shall deem appropriate in accordance with § 26-520.

(f) The Board shall make recommendations to City Council regarding policy or technical matters related to stormwater management. The Board shall make comments on policy items prepared by other City departments.

(g) The Board shall hear the petition of any owner or owners of property in the City who dispute or seek a variance in the City's "Storm Drainage Design Criteria and Construction Standards."

(h) Final decisions of the Board under Subsections (d), (e) and (g) shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq.

(i) The Board shall advise the City Council in policy matters pertaining to the water, wastewater and stormwater utilities including, without limitation, those policy issues described in Paragraphs 2-436(b)(1), (3) and (4).

(j) The Board shall also perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council.

(Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 118, 1991, 11-5-91; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 28, 1998, § 1, 3-17-98)

Sec. 2-439. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-440. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 79, 1988, § 17, 6-7-88; Ord. No. 92, 1992, § 18, 9-15-92; Ord. No. 117, 1996, §§ 1, 2, 9-17-96)

DIVISION 35. WOMEN'S COMMISSION*Go to the top

Sec. 2-441. Creation.Go to the top

There shall be and is hereby created a Women's Commission, hereafter referred to in this Division as the "Commission."

(Ord. No. 158, 1986, § 7, 11-4-86; Ord. No. 066, 2006, 5-2-06)

Sec. 2-442. Membership; term.Go to the top

(a) The Commission shall consist of nine (9) members appointed by the City Council. In addition, the County and Colorado State University may each appoint a representative to serve as an ex officio nonvoting liaison to the Commission.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 7, 11-4-86; Ord. No. 27, 1987, § 1-4, 3-17-87; Ord. No. 24, 1990, § 1, 4-3-90; Ord. No. 92, 1992, § 5, 9-15-92; Ord. No. 7, 1994, 2-1-94; Ord. No. 103, 2000, 9-5-00; Ord. No. 145, 2001, 9-18-01; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-443. Functions.Go to the top

The Commission is created for the purpose of enhancing the status of and opportunities for all women in the City. The Commission shall have the ability to:

(1) Document issues of importance to the status of women in the City;

(2) Conduct educational programs in the Fort Collins community to increase public awareness and sensitivity to the needs and capabilities of all women;

(3) Cooperate with other organizations and individuals interested in issues affecting women in the Fort Collins area;

(4) Review proposed legislation, policy changes or other governmental action at the federal, state or local level that would enhance or otherwise affect the status of women in the City and make recommendations to the City Council regarding the same.

(5) Recommend to the City Council the adoption of local legislation or policies that would enhance the status of women in the City.

(Ord. No 158, 1986, § 7, 11-4-86; Ord. No. 001, 2011, 1-18-11)

Sec. 2-444. Officers; bylaws.Go to the top

The Commission shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Commission, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Commission, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 7, 11-4-86; Ord. No. 104, 2002, § 2, 8-20-02)

Sec. 2-445. Minutes; annual report; work plan.Go to the top

The Commission shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Commission shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 7, 11-4-86; Ord. No. 79, 1988, § 5, 6-7-88; Ord. No. 92, 1992, § 5, 9-15-92)

DIVISION 36. YOUTH ADVISORY BOARD**Go to the top

Sec. 2-446. Creation.Go to the top

There shall be and is hereby created a Youth Advisory Board, hereafter referred to in this Division as the "Board." (Ord. No. 58, 1994, 4-19-94)

Sec. 2-447. Membership; term.Go to the top

(a) The Board shall consist of no less than five (5) and no more than nine (9) members appointed by the City Council. All members shall be qualified by experience, training, age, ethnicity or socioeconomic background to represent a diverse cross section of youth in the Fort Collins community. At least five (5) of the members of the Board shall be under the age of twenty-one (21) years at the time of appointment. A quorum of the Board shall consist of three (3) members for a five-member Board or four (4) members for a Board consisting of six (6) to nine (9) members.

(b) Each member over the age of twenty-one (21) years at the time of appointment shall serve without compensation for a term of four (4) years, except that such members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Each member under the age of twenty-one (21) years at the time of appointment shall serve without compensation for a term of no less than one (1) year and no more than four (4) years. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term or one (1) year, whichever is longer. A member over the age of twenty-one (21) years at the time such member's term expires shall be eligible to apply for one (1) additional term of four (4) years. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 58, 1994, 4-19-94; Ord. No. 93, 2002, § 5, 7-16-02; Ord. No. 93, 2006, 7-18-2006; Ord. No. 002, 2010, 2-2-10)

Sec. 2-448. Functions.Go to the top

The Board shall have the following functions:

(1) To gather information from, and otherwise communicate with, other groups, organizations and agencies regarding youth-oriented issues and problems.

(2) To document and discuss issues of importance to youth in the Fort Collins community, specifically as they affect City-operated services.

(3) To review and discuss legislation that may affect youth.

(4) To recommend to City Council local legislation and policy actions or changes which would enhance the status of youth in the Fort Collins community.

(Ord. No. 58, 1994, 4-19-94)

Sec. 2-449. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson, vice-chairperson and such other officers as may be deemed necessary by the Board. The chairperson and vice-chairperson shall be under the age of twenty-one (21) years at the time of election. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board and they may be subject to the approval of the City Council.

(Ord. No. 58, 1994, 4-19-94; Ord. No. 104, 2002, § 4, 8-20-02)

Sec. 2-450. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 58, 1994, 4-19-94)

DIVISION 37. ZONING BOARD OF APPEALS*Go to the top

Sec. 2-451. Creation.Go to the top

There shall be and is hereby created a Zoning Board of Appeals, hereafter referred to in this Division as the "Board."

(Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 29, 1992, 3-3-92)

Sec. 2-452. Membership; term.Go to the top

(a) The Board shall consist of seven (7) members appointed by the City Council.

(b) Each member shall serve without compensation for a term of four (4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the Board, it shall be filled by the City Council for the remaining unexpired portion of the term. No member shall serve more than two (2) consecutive terms. For the purposes of this provision, a "term" shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months.

(Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 110, 1990, 10-16-90; Ord. No. 29, 1992, 3-3-92; Ord. No. 92, 1992, § 21, 9-15-92; Ord. No. 93, 2002, § 1, 7-16-02)

Sec. 2-453. Functions.Go to the top

The Board shall have the following powers and duties:

(1) To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by the Land Use Code or, if applicable, Articles I through IV of the Transitional Land Use Regulations in accordance with the provisions of Division 2.10 of the Land Use Code.

(2) To authorize upon appeal in specific cases, and in accordance with the provisions of Division 2.9 of the Land Use Code, variances from the terms of Articles 3 and 4 of the Land Use Code or, if applicable, Chapter 29, Articles I through IV of the Transitional Land Use Regulations.

(Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 154, 1987, § 13, 10-20-87; Ord. No. 29, 1992, 3-3-92; Ord. No. 51, 1997, § 7, 3-18-97; Ord. No. 113, 1997, § 2, 8-5-97)

Sec. 2-454. Officers; bylaws.Go to the top

The Board shall elect annually from its membership a chairperson and such officers as may be required. Bylaws may be adopted by the Board, which bylaws shall not be inconsistent with the Charter, the Code or other policies that may be established by the City Council. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the Board, and the same may be subject to the approval of the City Council.

(Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 29, 1992, 3-3-92; Ord. No. 104, 2002, § 1, 8-20-02)

Sec. 2-455. Minutes; annual report; work plan.Go to the top

The Board shall take and file minutes in accordance with the requirements of § 2-73 of the Code. On or before January 31 of each year, the Board shall file a report with the City Clerk setting forth the activities of the Board for the previous year. On or before November 30 of each year, the Board shall file a work plan with the City Clerk for the following year.

(Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 79, 1988, § 19, 6-7-88; Ord. No. 29, 1992, 3-3-92; Ord. No. 92, 1992, § 21, 9-15-92)

Secs. 2-456—2-460. Reserved.


ARTICLE IV. AUTHORITIES OF THE CITYGo to the top

DIVISION 1. DOWNTOWN DEVELOPMENT AUTHORITYGo to the top

Sec. 2-461. Creation.Go to the top

There shall be and is hereby created and established pursuant to Title 31, Article 25, Part 8, C.R.S., a Downtown Development Authority, hereafter referred to in this Division as the "Authority."

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-462. Membership; term.Go to the top

(a) Members of the Board of the Authority shall be appointed by resolution of the City Council. The Authority shall consist of eleven (11) members, nine (9) of whom are either residents, landowners or tenants within the boundaries of the Authority, one (1) of whom shall be a City Councilmember and one (1) of whom shall be a member of the Board of County Commissioners of Larimer County, provided that Larimer County continues to meet the qualifications for membership on the Board of Authority as either a landowner or tenant within the boundaries of the Authority, and further provided that the Board of County Commissioners formally designates one (1) of its members to serve in such capacity. In addition to appointing one (1) of its members to regularly serve on the Board of the Authority, the City Council may appoint another of its members to serve as an alternate member of said Board, who shall become a voting member of the Board in the absence of the regular appointee, with the same duties and privileges.

(b) Terms of office, appointments, removals and the filling of vacancies of Authority Board members shall be established and governed as set forth in Title 31, Article 25, Part 8, C.R.S. No member shall serve more than two (2) consecutive four-year terms.

(Ord. No. 26, 2001, § 2, 2-20-01; Ord. No. 132, 2001, § 1; Ord. No. 067, 2007, 6-5-07)

Sec. 2-463. Jurisdiction.Go to the top

The Authority shall exercise its powers within the boundaries of an area on a map which is on file in the City Clerk's office.

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-464. Conflicts of interest.Go to the top

The officers and employees of the Authority shall be governed by the applicable state statutory rules of ethical conduct and said persons shall be expressly exempted from the provisions of Article IV, Section 9 of the Charter.

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-465. Functions.Go to the top

The authority shall be a body corporate with all the purposes and powers authorized by Title 31, Article 25, Part 8, C.R.S., and all additional and supplemental powers necessary or convenient to carry out and effectuate the purposes and provisions of said statutes.

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-466. Minutes; annual report; work plan.Go to the top

The Authority shall take and file minutes in accordance with the requirements of § 2-73 of this Code. On or before January 31 of each year, the Authority shall file a report with the City Clerk setting forth the activities of the Authority for the previous year. On or before November 30 of each year, the Authority shall file a work plan with the City Clerk for the following year.

(Ord. No. 26, 2001, § 2, 2-20-01)

Secs. 2-467—2-472. Reserved.

DIVISION 2. HOUSING AUTHORITYGo to the top

Sec. 2-473. Creation.Go to the top

There shall be and is hereby created and established a Housing Authority, hereafter referred to in this Division as the "Authority."

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-474. Membership; term.Go to the top

The Authority shall consist of commissioners selected by the City Council in the manner provided in either Paragraph (1) or (2) of this Section.

(1) The City Council may provide that its members shall ex officio be appointed the Commissioners of the Authority, in which event the terms of office of such Commissioners shall be coterminous with their terms of office on the City Council. Under this method of selection, the Mayor and Mayor Pro Tem shall be ex officio the chair and vice-chair, respectively, of the Commissioners.

(2) Alternatively, the Authority shall consist of seven (7) Commissioners appointed as set forth in Section 29-4-205, C.R.S. One (1) of such Commissioners may be a City official. Under this method of appointment, each Commissioner shall serve without compensation for a term of five (5) years. No Commissioner shall serve more than two (2) full, consecutive terms.

(Ord. No. 26, 2001, § 2, 2-20-01; Ord. No. 127, 2002, 9-17-02; Ord. No. 171, 2005, 1-3-06)

Sec. 2-475. Conflicts of interest.Go to the top

The officers and employees of the Authority shall be governed by the applicable state statutory rules of ethical conduct and said persons shall be expressly exempted from the provisions of Article IV, Section 9 of the Charter.

(Ord. No. 26, 2001, § 2, 2-20-01)

Sec. 2-476. Minutes; annual report; work plan.Go to the top

The Authority shall take and file minutes in accordance with the requirements of § 2-73 of this Code. On or before January 31 of each year, the Authority shall file a report with the City Clerk setting forth the activities of the Authority for the previous year. On or before November 30 of each year, the Authority shall file a work plan with the City Clerk for the following year.

(Ord. No. 26, 2001, § 2, 2-20-01)

Secs. 2-477—2-479. Reserved.

DIVISION 3. LIQUOR LICENSING AUTHORITYGo to the top

Editor's note—The Liquor Licensing Authority creation, membership, powers, duties, etc., are contained in §§ 3-31 through 3-35.

DIVISION 4. URBAN RENEWAL AUTHORITYGo to the top

Sec. 2-480. Creation.Go to the top

There has been created and established pursuant to Title 31, Article 25, Part 1, C.R.S., an Urban Renewal Authority, hereafter referred to in this Division as the "Authority."

(Ord. No. 048, 2006, 4-4-06)

Sec. 2-481. Membership; term.Go to the top

(a) Members of the board of commissioners of the Authority shall be appointed by the Mayor in accordance with the provisions contained in Title 31, Article 25, Part 1, C.R.S.

(b) Terms of office, appointments, removals and the filling of vacancies of Authority board members shall be established and governed as set forth in Title 31, Article 25, Part 1, C.R.S.

(Ord. No. 048, 2006, 4-4-06)

Sec. 2-482. Jurisdiction.Go to the top

The Authority shall exercise its powers within the boundaries of the Urban Renewal Authority, which boundaries shall be the same as the boundaries of the City, and shall also exercise its powers within any of the urban renewal plan areas that are located within the boundaries of the Authority.

(Ord. No. 048, 2006, 4-4-06)

Sec. 2-483. Conflicts of interest.Go to the top

The officers and employees of the Authority shall be governed by the applicable rules of ethical conduct contained in Article IV, Section 9 of the Charter and in § 2-568 of the Code.

(Ord. No. 048, 2006, 4-4-06; Ord. No. 155, 2012, 1-15-13)

Sec. 2-484. Functions.Go to the top

The Authority shall be a body corporate with all the purposes and powers authorized by Title 31, Article 25, Part 1, C.R.S., and all additional and supplemental powers necessary or convenient to carry out and effectuate the purposes and provisions of said statutes.

(Ord. No. 048, 2006, 4-4-06)

Sec. 2-485. Minutes.Go to the top

The Authority shall take and file minutes in accordance with the requirements of § 2-73 of this Code.

(Ord. No. 048, 2006, 4-4-06)

Sec. 2-486. Reserved.


ARTICLE V.Go to the top
ADMINISTRATIVE ORGANIZATION*

DIVISION 1. GENERALLYGo to the top

Secs. 2-487—2-490. Reserved.

DIVISION 2. EXECUTIVE, LEGISLATIVE AND JUDICIAL OFFICESGo to the top

Sec. 2-491. Office of the City Manager; duties of the City Manager.Go to the top

The Office of the City Manager shall be under the direction of the City Manager, who shall be responsible to the City Council for the proper administration of all affairs of the City and who shall have all powers and duties assigned to the City Manager by the provisions of the Charter and this Code. The offices and divisions of the Office of the City Manager shall be established by the City Manager. Said offices and divisions, and the employees assigned thereto, shall be responsible for such duties and functions as may be determined by the City Manager, provided that such duties and functions are consistent with the administrative organization of the City as established by the provisions of the Charter and this Code.

(Ord. No. 13, 1998, § 1, 2-17-98; Ord. No. 131, 2002, 9-17-02)

Sec. 2-492. Office of the City Attorney; duties of the City Attorney.Go to the top

The Office of the City Attorney shall be in the charge of the City Attorney, who shall be directly responsible to the City Council for the functions and duties assigned to the City Attorney by the provisions of the Charter and this Code.

(Ord. No. 131, 2002, 9-17-02)

Sec. 2-493. Municipal Court; duties of the Municipal Judge.Go to the top

The Municipal Court shall be in the charge of the Municipal Judge, who shall be directly responsible to the City Council for the functions and duties of the Municipal Court. The Municipal Judge shall serve as a member of the Board of Elections in accordance with the provisions of Article VIII, Section 5 of the Charter.

(Ord. No. 131, 2002, 9-17-02; Ord. No. 063, 2007, § 3, 5-15-07)

Sec. 2-494. Office of the City Clerk; duties of the City Clerk.Go to the top

The Office of the City Clerk shall be under the direction of the City Clerk, who shall be appointed in accordance with Article II, Section 12 of the Charter and who shall be directly responsible to the City Manager or his or her designee for giving notice of City Council meetings; keeping a journal of City Council proceedings; authenticating by his or her signature, and permanently recording in full, all ordinances and resolutions; and performing all other duties required by the Charter, this Code or the City Manager.

(Ord. 131, 2002, 9-17-02; Ord. No. 005-2007, § 1, 2-6-07)

Secs. 2-495—2-499. Reserved.

DIVISION 3. SERVICE AREASGo to the top

Sec. 2-500.  Planning, Development and Transportation Services. Go to the top

Planning, Development and Transportation Services is hereby created. Planning, Development and Transportation Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties necessary to provide community planning, development and transportations services, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager.

(Ord. No. 131, 2002, 9-17-02; Ord. 71, 2005, 7-5-05; Ord. No. 005-2007, § 2, 2-6-07; Ord. No. 024, 2011, § 1, 3-22-11; Ord. No. 133, 2012, 12-4-12)

Sec. 2-501. Financial Services; duties of Director.Go to the top

Financial Services is hereby created. Financial Services shall be in the charge of a Chief Financial Officer who shall be directly responsible to the City Manager for the functions and duties of the Financial Officer as provided in Article V, Part III, Section 22 of the Charter and such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager.

(Ord. No. 005-2007, § 2, 2-6-07)

Sec. 2-502. Community and Operations Services.Go to the top

Community and Operations Services is hereby created. Community and Operations Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties necessary to provide cultural, parks, natural areas, and recreation services, management information services (information technology and network systems); operations services; and legislative services, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager.

(Ord. No. 005-2007, § 2, 2-6-07; Ord. No. 024, 2011, § 1, 3-22-11; Ord. No. 149, 2011, § 1, 11-15-11)

Sec. 2-503. Police Services.Go to the top

(a) Chief; duties. Police Services is hereby created. Police Services shall be under the immediate supervision and control of the Chief of Police, who shall be directly responsible to the City Manager for the functions and duties necessary to preserve the public peace, prevent crime, apprehend criminals and protect the rights of persons and property through the enforcement of the penal laws of the State, all ordinances and regulations of the City, and the provisions of the Charter. The Chief of Police shall also perform such other duties as the City Manager may prescribe for the public peace and safety and the protection of property, including the property of the City within and without the corporate limits, and shall cooperate with local, state and federal law enforcement officials.

(b) Police officers.

(1) All police officers shall be authorized to enforce the provisions of this Code and may be assigned to such positions or special duties as the Chief of Police and the City Manager may deem to be in the best interests of Police Services. Such special assignments may or may not limit the enforcement authority of such officers. Any such limitation shall be specified in writing within the commissions of the officers by the Chief of Police.

(2) For the purposes of the enforcement of this Code and the preservation of public peace, certain individuals, whether or not employed by the City, may be appointed by the Chief of Police as special police officers to enforce particular provisions of this Code, and as peace officers to enforce particular provisions of the state law; provided, however, that such officers shall be given only such limited authority with respect to enforcement as is set forth in the administrative regulations relative thereto, which shall be adopted by the Chief of Police. Such appointment, in and of itself, shall not constitute employment with the City.

(c) Issuance of concealed weapons permits.

(1) The Chief of Police is authorized to issue permits to persons for the carrying of concealed weapons. Such permits shall be conditioned upon reasonable terms for the protection of the public safety and welfare.

(2) The Chief of Police shall promulgate rules and regulations to implement the issuance of concealed weapons permits, providing for, among other things, a background check of each applicant, a determination of the need of each applicant to be issued a concealed weapons permit and a determination of the proficiency of each applicant in the care and use of any weapon the applicant may carry.

(3) Each person issued a concealed weapons permit shall sign an agreement to indemnify and to hold the City, its officers, agents and employees harmless from any loss or damage legally imposed upon them as a result of the act or omission of the permit holder. Such indemnification shall include any judgment rendered against the City, its officers, agents and employees or any of them, together with costs of suit and cost of defense.

(4) Each permit issued shall be valid for a period of one (1) year from the date of issuance unless a lesser period of time is specified on such permit.

(5) Each permit issued shall be subject to revocation by the Chief of Police for violation of any state statute, City ordinance or rule and regulation pertaining thereto promulgated by the Chief of Police.

(6) Each applicant for a concealed weapons permit shall pay an application fee of one hundred dollars ($100.) which shall be nonrefundable. A fee of sixty dollars ($60.) shall be charged for the annual renewal of any permit.

(Ord. No. 131, 2002, 9-17-02; Ord. 71, 2005, 7-5-05; Ord. No. 005-2007, § 2, 2-6-07)

Sec. 2-504. Utility Services; duties of Director.Go to the top

Utility Services shall be and is hereby created. Utility Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties of Utility Services, including, without limitation, the functions and duties necessary to provide for the design, construction, reconstruction, addition, repair, replacement, operation and maintenance of the City's electric, water, wastewater and stormwater utility services, and shall have control and supervision over such agencies, service units, departments, divisions, offices or persons assigned by the City Manager.

(Ord. No. 131, 2002, 9-17-02; Ord. 71, 2005, 7-5-05; Ord. No. 005-2007, § 2, 2-6-07)

Sec. 2-505. Employee and Communication Services.Go to the top

Employee and Communication Services is hereby created. Employee and Communication Services shall be in the charge of a Director who shall be directly responsible to the City Manager for the functions and duties necessary to provide communications, public involvement and human resources services to the City, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager.

(Ord. No. 024, 2011, § 2, 3-22-11)

Sec. 2-506. Sustainability Services.Go to the top

Sustainability Services is hereby created. Sustainability Services shall be in the charge of a Director, who shall be directly responsible to the City Manager for the functions and duties necessary to provide environmental services, economic health and urban renewal services and social sustainability for the City organization, and who shall have control and supervision over such agencies, service units, departments, offices or persons as may be deemed appropriate by the City Manager.

(Ord. No. 149, 2011, § 2, 11-15-11)

Secs. 2-507—2-514. Reserved.

DIVISION 4. FIRE SERVICESGo to the top

Sec. 2-515. Fire Chief; duties.Go to the top

Fire Services is an independent governmental entity created by intergovernmental agreement between the City and Poudre Valley Fire Protection District. Fire Services shall be in the charge of the Fire Chief of the Poudre Fire Authority, who shall be directly responsible to the Board of the Poudre Fire Authority for the functions and duties necessary to provide fire prevention and protection services.

(Ord. No. 131, 2002, 9-17-02)

Secs. 2-516—2-539. Reserved.


ARTICLE VI.Go to the top
ADMINISTRATIVE APPEALS PROCEDURE

Sec. 2-540. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Administrative decision maker shall mean the City officer or employee whose decision or action is subject to appeal to the City Manager pursuant to the City Code.

Appellant shall mean the person or organization who has taken an appeal from an administrative decision maker to the City Manager by the filing of a notice of appeal.

(Ord. No. 129, 2002, § 1, 9-17-02)

Sec. 2-541. Certain appeals to be taken to City Manager.Go to the top

Where the Code allows for appeals to the City Manager of decisions made or actions taken by an administrative decision maker, the appeals procedures set forth herein shall apply unless different or additional procedures are specifically set forth in the Code sections pertaining to such decision or action. Where different procedures are set forth, those procedures shall control. Where additional procedures are set forth, they shall be in addition to the procedures set forth in this Article. This Article shall not apply to the appeals process set forth in the City’s Personnel Policies and Procedures.

(Ord. No. 129, 2002, § 1, 9-17-02)

Sec. 2-542. Filing of notice of appeal.Go to the top

An appeal may be taken by filing a written notice of appeal with the City Manager within fourteen (14) days after the decision or action which is the subject of the appeal. The notice of appeal shall be signed by all appellants and shall include the following:

(1) The action or decision which is the subject of the appeal;

(2) The date of such action;

(3) A specific statement of the reasons for appeal and any data or documentation upon which the appellant seeks to rely;

(4) The name, address, telephone number and relationship of each appellant to the subject of the action or decision being appealed; and

(5) In the case of an appeal by more than one (1) appellant, the name, address and telephone number of one (1) such appellant who shall be authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants under the provisions of § 2-543 or 2-544.

(Ord. No. 129, 2002, § 1, 9-17-02)

Sec. 2-543. Review of notice of appeal by City Attorney.Go to the top

Within five (5) working days of the date of the filing of the notice of appeal, the notice shall be reviewed by the City Attorney for any obvious defects in form or substance. A notice of appeal which fails to conform to the requirements of § 2-542 shall be deemed deficient. The City Manager shall notify the appellant in writing of any such deficiency, which notice shall be mailed no more than seven (7) working days from the date of the filing of the notice of appeal. The appellant shall have five (5) working days from the date of mailing of the notice of deficiency to cure such deficiency. If the appellant does not cure the deficiency within said period of time, the appeal may be dismissed if, in the judgment of the City Manager, the notice of appeal does not provide adequate information to allow the parties involved to prepare for the hearing on the appeal.

(Ord. 129, 2002, § 1, 9-17-02)

Sec. 2-544. Scheduling of hearing.Go to the top

Upon receipt of an appeal, the City Manager shall schedule a date for hearing the appeal, which hearing shall be held no later than forty-five (45) days after the filing of the notice of appeal. Written notice of the date, time and place of the hearing shall be mailed by the City Manager to the appellant no less than fourteen (14) calendar days prior to the date of said hearing. Notice shall also be provided to the administrative decision maker and all City staff and members of the public who appeared before or presented evidence or information to the administrative decision maker regarding the decision that is the subject of the appeal. Said notice shall include a copy of the notice of appeal.

(Ord. No. 129, 2002, § 1, 9-17-02)

Sec. 2-545. Procedure at hearing; burden of proof; final decision.Go to the top

(a) In hearing an appeal that has been filed under the provisions of this Article, the City Manager shall hear the matter anew, and shall not be limited to the evidence originally presented to the administrative decision maker. The City Manager's decision shall be based on the evidence and such criteria as exist in the Code or administrative guidelines.

(b) At the hearing, the City Manager shall provide the appellant and City staff an opportunity to present testimony and evidence regarding the matter being appealed. This shall include:

(1) Explanation of the nature of the appeal by City staff;

(2) Presentation by the appellant and any other interested parties of evidence and argument in support of the appeal;

(3) Presentation by City staff and any other interested parties of evidence and argument in opposition to the appeal;

(4) Presentation of rebuttal arguments, as permitted in the discretion of the City Manager.

(c) The burden of proof in the hearing shall be on the appellant.

(d) The hearing shall be tape recorded and the tape retained for sixty (60) days from the date of the City Manager's written decision.

(e) The City Manager shall issue his or her final decision in writing no later than fourteen (14) days following the hearing, and shall provide a copy of such decision to all appellants and the administrative decision maker. Other interested parties may obtain a copy of the decision upon request to the City Manager's Office.

(f) The decision of the City Manager shall be final, subject only to such judicial review, if any, as may be available under the Colorado Rules of Civil Procedure. The date of the City Manager’s written decision shall be the date of final action for the purpose of any such subsequent judicial review of the decision of the City Manager.

(Ord. No. 129, 2002, § 1, 9-17-02)

Secs. 2-546—2-565. Reserved.


ARTICLE VII.Go to the top
OFFICERS AND EMPLOYEES*

DIVISION 1. GENERALLYGo to the top

Sec. 2-566. Compensation of employees.Go to the top

The pay plan for all classified employees of the City shall be established by ordinance of the City Council.

(Code 1972, § 2-21; Ord. No. 017, 2006, 2-21-06)

Sec. 2-567. Employment status of employees.Go to the top

(a) All classified employees of the City shall have such benefits, privileges and responsibilities as are provided in the personnel policies and procedures of the City and shall be terminable only for cause. Such policies and procedures shall be approved by the City Manager and may be modified from time to time as deemed necessary and desirable by the City Manager for the proper administration of the affairs of the City.

(b) All persons choosing to accept employment with the City in an unclassified position shall serve at the pleasure of the City Manager and shall be entitled to such benefits and privileges of employment as may be established by the City Manager for unclassified employees. The City Manager shall be authorized to designate positions as classified or unclassified; provided, however, that the employment status of any employee serving in a classified position shall not be changed without such employee's consent.

(Ord. No. 32, 1989, § 2, 3-21-89)

Sec. 2-568. Ethical rules of conduct.Go to the top

(a) Definitions. The following words, terms and phrases, when used in this Section and § 2-569, shall have the following meanings:

(1) Board and commission member shall mean a member of any appointive board or commission of the City.

(2) Confidential information or information received in confidence shall mean:

a. Information contained in any writing that may properly be withheld from public inspection under the provisions of the Colorado Open Records Act and that is marked "confidential" when provided to the officer or employee;

b. All information exchanged or discussed in any executive session properly convened under § 2-31 or 2-71 of the Code, except to the extent that such information is also contained in a public record available to the general public under the provisions of the Colorado Open Records Act; or

c. All communications between attorneys representing the City and officers or employees of the City that are subject to the attorney-client privilege, whether oral or written, unless the privilege has been waived.

(3) Councilmember shall mean a member of the City Council.

(4) Officer or employee shall mean any person holding a position by election, appointment or employment in the service of the City, whether part-time or full-time, including any member of the City Council and any member of any authority, board, committee or commission of the City, other than an authority that is:

a. Established under the provisions of the Colorado Revised Statutes;

b. Governed by state statutory rules of ethical conduct; and

c. Expressly exempted from the provisions of Article IV of the City Charter by ordinance of the City Council.

(b) Notwithstanding the provisions of § 1-15 of the Code, an alleged violation of the provisions of this Section by a member of the City Council shall not be prosecuted in the Municipal Court as a misdemeanor criminal offense but shall instead be referred to the Ethics Review Board for an advisory opinion and recommendation under the provisions of § 2-569.

(c) Rules of conduct.

(1) Use and disclosure of confidential information. The following rules shall apply to the use and disclosure of confidential information by officers and employees of the City. In the event of any conflict among these provisions, the more specific provision shall take precedence over the more general provision.

a. No use for personal gain. No officer or employee shall knowingly use information received in confidence as an officer or employee to advance the financial or personal interests of the officer or employee or others.

b. Disclosure of confidential information, generally. No officer or employee shall knowingly disclose any confidential information to any person who is not an officer or employee or to an officer or employee whose official duties are unrelated to the subject matter of the confidential information or to maintaining an official record of such information on behalf of the City, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices.

c. Disclosure of confidential information provided to the City Council. All information received in confidence by the City Council shall remain confidential, and no officer or employee shall knowingly disclose any such confidential information to any person to whom such information was not originally distributed by City staff unless and until the City Council has, by majority vote, consented to its release, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices.

d. Disclosure of information discussed in executive session. No officer or employee shall knowingly disclose any confidential information discussed in an executive session to any person who was not present during such discussion, other than members of such body who were unable to attend the executive session, without the prior knowledge and consent of the body holding such executive session, unless such disclosure is reasonably necessary to protect the City from the gross mismanagement of public funds, the abuse of governmental authority, or illegal or unethical practices. In the event that a matter discussed in executive session comes before the City Council or a board or commission of the City for formal action at an open meeting, or if such formal action is anticipated, nothing herein shall be construed as prohibiting a member of the body that will be taking such formal action from stating his or her position or opinion with regard to the matter, as long as such statements do not divulge confidential information received from others during the executive session.

e. Certain distribution and discussion by City Manager and City Attorney permitted. Notwithstanding the provisions of Subparagraphs c. and d. above, the City Manager and City Attorney may further distribute confidential information provided to the City Council and may disclose confidential information discussed in any executive session of the City Council, or of a Council committee, to such staff members and/or board and commission members as they may consider reasonably necessary to enable them to fully advise the City Council or to implement any direction given by the City Council or to advise other officers and employees of the City whose official duties are related to the subject matter of the confidential information or to maintaining a record of the same on behalf of the City.

f. No disclosure of confidential information to officer or employee having conflict of interest. No officer or employee who has filed a statement of conflict of interest with the City Clerk under Article IV, Section 9 of the Charter, or who has been determined by the City Council under the provisions of Subparagraph g. below to have a conflict of interest, shall knowingly elicit, accept or inspect any confidential information pertaining to the subject matter of such conflict of interest, nor shall any such officer or employee attend or participate in an executive session of the City Council, or of a Council committee or board or commission of the City, pertaining to said subject matter.

g. The City Council may determine that a Councilmember shall not receive confidential information or attend executive sessions on a particular topic if the City Council first determines that said Councilmember has a conflict of interest in the subject matter of such confidential information and/or executive session. Any such determination by the City Council shall be made only after the City Council has received an advisory opinion and recommendation of the Ethics Review Board on the question, rendered in accordance with the provisions of § 2-569.

(2) No Councilmember shall represent any person or interest before the City Council or any board or commission of the City.

(3) All officers and employees shall refrain from accepting payment for any speeches, debates or other public events and shall further refrain from accepting any gift or favor which, in the judgment of a reasonably prudent person, would tend to impair the officer's or employee's independence of judgment in the performance of his or her official duties. The following shall not constitute prohibited gifts or favors under this Section:

a. Campaign contributions reported as required by Chapter 7, Article V of this Code;

b. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service;

c. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which an officer or employee is scheduled to participate;

d. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to an officer or employee which is not extraordinary when viewed in light of the position held by such officer or employee;

e. Items of perishable or nonpermanent value that are insignificant in value, including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events; and

f. Payment of salary from employment, including other employment in addition to that earned from being an officer or employee.

(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 162, 2000, § 2, 11-21-00; Ord. No. 109, 2002, §§ 1—4, 8-20-02)

Sec. 2-569. Board of ethics.Go to the top

(a) In order to assist the Councilmembers and board and commission members in interpreting and applying the definitions, rules and procedures pertaining to ethics established by the Charter and Code and by the applicable provisions of state statute, there is hereby created a Board of the City to be known as the Ethics Review Board, hereafter referred to in this Division as the "Review Board."

(b) The Review Board shall consist of three (3) Councilmembers elected by the City Council, one (1) of whom shall be elected by the Review Board to serve as a chairperson. One (1) alternate shall also be elected by the City Council to serve in the event that a regular member of the Review Board is unavailable or in the event that any particular complaint or inquiry is directed towards a member of the Review Board.

(c) Subject to the provisions of Subsection (d) below, the duties and responsibilities of the Review Board shall be as follows:

(1) To review and investigate complaints of unethical conduct filed against Councilmembers or board and commission members by any person;

(2) To review and investigate actual or hypothetical situations involving potential conflicts of interest presented by individual Councilmembers or board and commission members;

(3) After review and investigation, to render advisory opinions or interpretations pertaining to such complaints or inquiries under the relevant provisions of the Charter and Code and the applicable provisions of state law, if any, and to make written recommendations to the City Council and any affected board or commission concerning the same; and

(4) To propose any revisions to the provisions of the Charter or Code or other regulations, rules or policies of the City pertaining to ethical conduct as the Review Board may deem necessary and appropriate in the best interests of the City.

(d) Complaints and inquiries shall be submitted to the Review Board only according to the following procedures:

(1) Complaints.

a. Any person who believes that a Councilmember or board and commission member has violated any provision of state law or the Charter or Code pertaining to ethical conduct may file a complaint with the Mayor, who shall immediately notify the chairperson of the Review Board. The complaint shall be placed on the agenda for the next special or regular City Council meeting for review and possible action by the City Council.

b. Upon receipt of any such complaint, the City Council shall decide by majority vote whether to submit the complaint to the Review Board for an advisory opinion as to whether the violation alleged in the complaint has occurred and, if so, the action, if any, that should be taken with regard to such violation. In the event that such complaint is not submitted to the Review Board, the City Council may decide what, if any, other action pertaining to the same is appropriate.

c. In the event that a complaint is filed with the Mayor under the provisions of this Subsection which alleges a violation on the part of four (4) or more Councilmembers, such complaint shall not be referred to the City Council for review but shall instead be submitted to an alternate Review Board. Said Board shall consist of any remaining Councilmembers who are not named in the complaint and as many members of City boards and commissions as are necessary to constitute a seven-member board. Said Board and commission members shall be selected at random by the City Clerk within ten (10) working days of the date upon which the complaint is filed with the Mayor. Any board and commission members selected by the City Clerk who elect not to serve on the alternate Review Board shall immediately so notify the City Clerk, who shall thereafter select as many additional board and commission members as are necessary to constitute the seven-member Board. The procedure utilized by the alternate Review Board for reviewing the complaint and rendering an advisory opinion and recommendation shall be as provided in Subsection (e) below, except that: (i) the opinion and recommendation of such Board shall be final and shall not be submitted to the City Council for review or adoption by the City Council unless three (3) Councilmembers remain available, without a conflict of interest, and are able to consider and take action on the opinion and recommendation; and (ii) the City Council and City staff shall, upon request by the alternate Review Board, make available to such Board all information in the possession of the city that is relevant to the board's investigation, including, without limitation, tape recordings of any relevant executive sessions, unless the release of said information is prohibited by state or federal law; and, in reviewing and discussing such information, the Board shall abide by any local, state or federal confidentiality requirements that might limit or prohibit the release of such information to third parties.

(2) City Council inquiries. Any Councilmember may present directly to the Review Board any inquiry or complaint regarding the application of ethical rules of conduct under state statute or the Charter or Code to any actual or hypothetical situation of a Councilmember or board and commission member.

(e) In performing its review and investigation of any complaint or inquiry submitted in accordance with Subsection (d) hereof, the Review Board shall afford all affected Councilmembers or board and commission members an opportunity to present their interpretations of the facts at issue and of the applicable provisions of law before rendering its opinion and recommendation. The Review Board may also request such additional materials or information from City staff or members of the public which it considers reasonably necessary or helpful to its deliberations. After investigation, the Review Board shall forthwith issue an advisory opinion and recommendation to the City Council, which shall immediately thereafter be filed with the City Clerk and be available for public inspection. Said opinion and recommendation shall be placed on the agenda for the next special or regular City Council meeting, at which time the City Council shall determine whether to adopt the same. Any Councilmember having a personal or financial interest in the opinion shall refrain from participating in any deliberations of the City Council regarding the same.

(f) The City Attorney shall provide legal advice to the Review Board and shall prepare and execute all advisory opinions and recommendations of the review board.

(g) Compliance with the applicable provisions of the Charter and Code and the provisions of state law, as well as decisions regarding the existence or nonexistence of conflicts of interest and the appropriate actions to be taken in relation thereto, shall be the responsibility of each individual Councilmember or board and commission member, except as provided in Subparagraph 2-568(c)(1)(g). An opinion adopted by the City Council under Subsection (e) of this Section shall constitute an affirmative defense to any civil or criminal action or any other sanction against a Councilmember or board or commission member acting in reliance thereon.

(Ord. No. 112, 1989, § 1, 8-1-89; Ord. No. 17, 1993, 2-16-93; Ord. No. 64, 1993, 7-20-93; Ord. 132, 2001, § 2, 9-18-01; Ord. No. 110, 2002, §§ 1—3, 8-20-02)

Sec. 2-570. City Councilmember appointments.Go to the top

(a) Definitions. The following words, for the purpose of this Section, shall have the following definitions:

(1) Governmental agency shall mean a federal, state or county government or any incorporated City or town, and every kind of district, agency, instrumentality or political subdivision thereof which has been organized pursuant to law.

(2) Private agency shall mean any committee, association, corporation, partnership or other organization or group of persons other than a governmental entity or agency.

(b) Appointments to governmental or private agencies. The City Council may, in its discretion, appoint any number of its own members, or may authorize members of its boards or commissions, to serve as City representatives to, or members of the boards of directors of, other governmental or private agencies. Absent extraordinary circumstances, which may be reviewed on a case-by-case basis, such appointments shall not be considered to create conflicts of interest for the members of the City Council or the members of City boards and commissions who are so appointed. Accordingly, such City Councilmembers or board and commission members shall not generally be required to refrain from participating in any administrative, legislative, fiscal, investigative or quasi-judicial functions of the City, which may affect the interests of such governmental or private agencies. In the event that individual City Councilmembers or board and commission members may, from time to time, determine, on a case-by-case basis, that a particular circumstance does create a conflict of interest under the then current provisions of law, such City Councilmembers or board or commission members may, in their discretion, choose to abstain from any such decision. The service of City Councilmembers or board or commission members with other governmental or private agencies shall not be considered service in an official capacity on behalf of the City unless such service has been determined by the City Council by ordinance or resolution to be in the best interests of the City.

(Ord. No. 16, 1990, 2-20-90; Ord. No. 65, 1993, 7-20-93; Ord. No. 65, 1995, 6-20-95)

Secs. 2-571—2-574. Reserved.

DIVISION 2. RESERVEDGo to the top

Secs. 2-575—2-580. Reserved.

DIVISION 3. CITY ATTORNEY*Go to the top

Sec. 2-581.  Salary of the City Attorney. Go to the top

The base salary to be paid the interim City Attorney shall be one hundred forty five thousand three hundred sixty seven dollars ($145,367.) per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the City water utility and twenty (20) percent to the City electric utility.

(Code 1972, § 2-23; Ord. No. 35, 1987, § 1, 3-17-87; Ord. No. 87, 1988, § 1, 6-5-87; Ord. No. 172, 1988, § 1, 12-20-88; Ord. No. 165, 1989, § 1, 1-16-90; Ord. No. 137, 1990, § 1, 12-18-90; Ord. No. 136, 1991, § 1, 12-17-91; Ord. No. 127, 1992, § 1, 12-15-92; Ord. No. 171, 1993, § 1, 12-21-93; Ord. No. 184, 1994, § 1, 12-20-94; Ord. No. 162, 1995, § 1, 12-19-95; Ord. No. 152, 1996, § 1, 12-17-96; Ord. No. 194, 1997, § 1, 12-16-97; Ord. No. 231, 1998, § 1, 12-15-98; Ord. No. 187, 1999, § 1, 1-4-00; Ord. No. 194, 2000, § 1, 1-2-01; Ord. No. 209, 2001, § 1, 12-18-01; Ord. No. 176, 2005, § 1, 1-3-06; Ord. No. 206, 2006, § 1, 12-19-06; Ord. No. 148, 2007, § 1, 12-18-07; Ord. No. 158, 2008, 12-16-2008; Ord. No. 013, 2012, § 1, 2-21-12; Ord. No. 147, 2012, § 1, 12-18-12; Ord. No. 177, 2013, §1, 12-17-13; Ord. No. 105, 2014, § 1, 8-19-14)

Sec. 2-582. Salary and employment status of Deputy and Assistant City Attorneys.Go to the top

(a) Deputy and Assistant City Attorney positions may be approved and filled by the City Attorney as he or she deems necessary to meet the legal services needs of the City and to fulfill the duties of the City Attorney as specified in Article VI, Section 2 of the Charter, so long as sufficient funds have been appropriated and made available by the City Council to defray the costs associated with such positions. All Deputy and Assistant City Attorneys shall serve at the pleasure of the City Attorney, and shall have the same benefits, privileges, terms and conditions of employment as unclassified management employees of the City, except for such exceptions, additions or modifications thereto as the City Attorney, in his or her discretion, may deem necessary or advisable for the efficient operation of the Office of the City Attorney.

(b) The salaries of the Deputy and Assistant City Attorneys shall be set by the City Attorney.

(Code 1972, § 2-25; Ord. No. 177, 2003, 1-6-04; Ord. No. 040, 2010, 4-20-2010)

2-583.  Selection of special counsel; consent to representation in situations involving actual or potential conflicts of interest.Go to the top

(a)  If the City Attorney, in his or her discretion, determines that the legal services needs of the City can best be met through the procurement of special legal counsel, the City Attorney is hereby authorized and directed to procure such services, provided that the funds needed for such procurement have been appropriated and are available for that purpose. In making such selection, the City Attorney shall consider the following:

(1)  Any recommendations of the officers or employees of the City whose duties and responsibilities may be most directly affected by such services;

(2)  The qualifications, experience and areas of expertise of the law firms or attorneys under consideration;

(3)  The support services and other personnel and resources available to such firms or attorneys;

(4)  The willingness and ability of such firms or attorneys to work collaboratively with in-house counsel and the affected officers and employees of the City;

(5)  The anticipated cost of the proposed services; and

(6)  Whether such services can be provided by another municipal attorney pursuant to an intergovernmental agreement approved by the City Council.

(b)  Before retaining the services of a law firm or attorney not previously used by the City within the preceding five (5) years, the City Attorney shall, no less than ten (10) calendar days prior to retaining the services of such firm or attorney, notify the Council and the City Manager in writing of the firm or attorney that has been selected and provide the City Council with information regarding the qualifications of such firm or person, together with a description of the services to be provided, the anticipated cost of the proposed services, the term of the proposed service contract and a summary of the City Attorney's reasons for the selection. Such information may be provided confidentially to the City Council if the City Attorney determines that public disclosure of the information may compromise the purpose for which special counsel is to be retained.

If, within said ten-day period, the City Manager or three (3) or more Councilmembers request that the selection of special counsel for the purpose specified by the City Attorney be presented to the City Council for its consideration, the matter shall be placed on the agenda for the next regular or special meeting of the City Council, at which time the City Council shall make the selection. If a selection of special counsel is scheduled for City Council consideration under this provision, the City Attorney shall provide the City Council, as part of the agenda materials for that agenda item, the names of at least three (3) attorneys or firms that, in the judgment of the City Attorney, are qualified to provide the kind of legal services to be procured, together with any additional background information that may assist the City Council in making the selection.

(c)  If the City Attorney determines that exigent circumstances require the immediate selection of special counsel, and that the delay caused by prior notification to the City Council would be detrimental to the interests of the City, the City Attorney may immediately proceed with the procurement of such services; provided, however, that:

(1)  The City Attorney shall forthwith provide notice to the City Council of having made such selection and shall provide to the City Council the information described in Subsection (b); and

(2)  Any contract entered into by the City with such special counsel shall be made contingent upon City Council ratification of the selection if, within ten (10) calendar days after the delivery of such notice to the City Council, the City Manager or three (3) or more Councilmembers request that the selection be reconsidered by the City Council.

(d)  In the event that special counsel retained by the City, or seeking to represent the City, has a conflict of interest that could possibly interfere with his or her independence or loyalty in representing the City, the City Manager may, upon the recommendation of the City Attorney and such other officers or employees of the City as the City Manager may deem appropriate, waive such conflict of interest if the City Manager determines that it would be in the best interests of the City to do so; provided, however, that at least five (5) working days prior to authorizing any such waiver, the City Manager shall notify the Council in writing of his or her intention to consent to the representation and shall provide the City Council with a written explanation of the circumstances giving rise to the conflict of interest, the risks and benefits to the City of waiving the conflict of interest, and the reasons for the City Manager's decision. Such written explanation may be provided confidentially to the City Council if the City Manager, in consultation with the City Attorney, determines that public disclosure of the information contained therein may be detrimental to the legal or financial interests of the City.

(Ord. No. 046, 2014, 4-1-14)

Secs. 2-584—2-595. Reserved.

DIVISION 4. CITY MANAGER**Go to the top

Sec. 2-596.  Salary of the City Manager. Go to the top

The base salary to be paid the City Manager shall be two hundred thirty-seven thousand seven hundred eight dollars ($237,708.) per annum, payable in biweekly installments. Forty (40) percent of such sum shall be charged to the City electric utility, twenty (20) percent to the City water utility and forty (40) percent to general government expense.

(Code 1972, § 2-22; Ord. No. 36, 1987, § 1, 3-17-87; Ord. No. 28, 1988, § 1, 3-1-88; Ord. No. 173, 1988, § 1, 12-20-88; Ord. No. 8, 1990, § 1, 2-6-90; Ord. No. 22, 1991, § 1, 3-5-91; Ord. No. 137, 1991, § 1, 12-17-91; Ord. No. 128, 1992, § 1, 12-15-92; Ord. No. 173, 1993, § 1, 12-21-93; Ord. No. 185, 1994, § 1, 12-20-94; Ord. No. 84, 1995, 7-18-95; Ord. No. 163, 1995, § 1, 12-19-95; Ord. No. 153, 1996, § 1, 12-17-96; Ord. No. 195, 1997, § 1, 12-16-97; Ord. No. 232, 1998, § 1, 12-15-98; Ord. No. 188, 1999, § 1, 1-4-00; Ord. No. 195, 2000, § 1, 1-2-01; Ord. No. 210, 2001, § 1, 12-18-01; Ord. No. 101, 2004, § 1, 7-6-04; Ord. No. 202, 2004, § 1, 1-4-05; Ord. No. 174, 2006, § 1, 1-3-2006; Ord. No. 204, 2006, § 1, 12-19-06; Ord. No. 149, 2007, § 1, 12-18-07; Ord. No. 159, 2008, 12-16-2008; Ord. No. 014, 2012, § 1, 2-21-12; Ord. No. 146, 2012, § 1, 12-18-12; Ord. No. 178, 2013, §1, 12-17-13)

Secs. 2-597—2-605. Reserved.

DIVISION 5. MUNICIPAL JUDGE*Go to the top

Sec. 2-606.  Salary of the Municipal Judge. Go to the top

The base salary to be paid the Municipal Judge for working 0.8 FTE shall be one hundred five thousand one hundred fifty-nine dollars ($105,159.) per annum, payable in biweekly installments, which sum shall be charged to general government expense.

(Code 1972, § 2-24; Ord. No. 37, 1987, § 1, 5-5-87; Ord. No. 40, 1988, § 1, 4-5-88; Ord. No. 180, 1988, § 1, 1-3-89; Ord. No. 33, 1989, § 1, 4-4-89; Ord. No. 95, 1990, § 1, 8-21-90; Ord. No. 89, 1991, § 1, 7-16-91; Ord. No. 138, 1991, § 1, 12-17-91; Ord. No. 129, 1992, § 1, 12-15-92; Ord. No. 172, 1993, § 1, 12-21-93; Ord. No. 183, 1994, § 1, 12-20-94; Ord. No. 164, 1995, § 1, 12-19-95; Ord. No. 154, 1996, § 1, 12-17-96; Ord. No. 196, 1997, § 1, 12-16-97; Ord. No. 230, 1998, § 1, 12-15-98; Ord. No. 189, 1999, § 1, 1-4-00; Ord. No. 196, 2000, § 1, 1-2-01; Ord. No. 211, 2001, § 1, 12-18-01; Ord. No. 175, 2005, § 1, 1-3-06; Ord. No. 202, 2006 § 1, 12-19-06; Ord. No. 147, 2007, § 1, 12-18-07; Ord. No. 157, 2008, 12-16-08; Ord. No. 012, 2012, § 1, 2-21-12; Ord. No. 148, 2012, § 1, 12-18-12; Ord. No. 176, 2013, §1, 12-17-13)

Secs. 2-607—2-609. Reserved.

DIVISION 6. DEFENSE AND INDEMNIFICATION OBLIGATIONS TO OFFICERS AND EMPLOYEESGo to the top

Sec. 2-610. Public employee defined.Go to the top

When used in this Division, the terms public employee and employee shall have the same meaning as the term "public employee" is given in the Colorado Governmental Immunity Act, Section 24-10-103(4), C.R.S. In addition, these terms shall include within their meaning any official of a board, commission or authority appointed by the City Council and who is also subject to removal by the City Council, whether or not such board or commission is itself under the control of the City Council. However, with respect to any such official, the City's defense and indemnity obligations under this Division shall be secondary to any insurance coverage carried by the board, commission or authority for the benefit of the official. Further, these terms may include the "public employees" (as defined in the Colorado Governmental Immunity Act, Section 24-10-103(4), C.R.S., of any other governmental entity provided the City has entered into an intergovernmental agreement with that governmental entity as authorized by Section 29-1-203, C.R.S., and the intergovernmental agreement provides that the other governmental entity may participate in the City's self-insurance program as established in Division 3, Article III of Chapter 8 of this Code. However, the city's obligations to defend and indemnify the public employees of the other governmental entity under this Division shall be governed by the specific terms and conditions of the parties' intergovernmental agreement.

(Ord. No. 176, 2000, § 2, 12-19-00)

Sec. 2-611. City's defense and indemnification obligations to employees.Go to the top

The City shall assume liability, to the extent permitted by law, for the payment of all defense costs, attorneys' fees, judgments and settlements of all civil claims, except those arising under contract, against any of its present or former public employees, whether or not the City itself is separately liable to the claimant, if all of the following circumstances exist:

(1) The claim against the employee arises from an act or omission of the employee occurring during the performance of the employee's duties and within the scope of the employee's employment with the City;

(2) The employee's act or omission was not "willful and wanton," that is, conduct purposely committed which the employee must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the person injured;

(3) The defense of sovereign or governmental immunity is not available under the Colorado Governmental Immunity Act to bar the claim against the employee (this circumstance, however, shall not apply to the City's obligation under this Division to pay the defense costs of its employees);

(4) The employee has not compromised or settled the claim without the consent of the City;

(5) If the civil claim is asserted in a lawsuit filed against the employee that does not name the City as a co-defendant, the employee has notified the city in writing about the lawsuit within fifteen (15) days after being served with the summons and complaint;

(6) The employee has not willfully and knowingly failed to notify the City of the incident or occurrence which led to the claim within a reasonable time after such incidence or occurrence, if such incidence or occurrence could reasonably have been expected to lead to a claim; and

(7) If there exists any other prerequisite under the Colorado Governmental Immunity Act to the City's obligations to defend and indemnify the employee, the employee has satisfied that prerequisite.

(Ord. No. 176, 2000, § 2, 12-19-00)

Sec. 2-612. Legal representation of employees.Go to the top

The City's obligation in § 2-611 to pay an employee's attorney's fees shall apply only to legal counsel chosen and retained by the City to represent the employee in the civil action. When the City and the employee are named defendants in the same civil action, the City may retain the same legal counsel to represent them both. If, however, in the judgment of the City Attorney, a conflict of interest is determined to exist between the employee and the City, the City shall retain separate legal counsel for the employee and shall be obligated under § 2-611 to pay the fees for such legal counsel. In either case, if a court subsequently determines that the employee's act or omission did not occur during the employee's performance of his or her duties for the City and within the scope of the employee's employment with the City, or that the act or omission of the employee was willful and wanton, the city may request, and the court is required to order, such employee to reimburse the City for its reasonable costs and attorney's fees incurred in the defense of the employee in the civil action.

(Ord. No. 176, 2000, § 2, 12-19-00)

Sec. 2-613. Reimbursement of employees' attorneys' fees in criminal matters. Go to the top

(a) The City shall pay the reasonable attorney's fees, as determined by the City Manager (or by the City's special legal counsel if it is the City Manager's attorney's fees being paid), incurred by an employee related to any criminal investigation or criminal charge if all of the following circumstances exist:

(1) The investigation is conducted or the charge is formally filed by an agency of the federal government or of a state or local government;

(2) The investigation or charge arises from an alleged act or omission of the employee occurring during the performance of his or her duties and within the scope of his or her employment with the City;

(3) The investigation results in no charge being filed or any prosecution results in the dismissal or acquittal of all charges filed; and

(4) The City Manager determines that the employee's conduct from which the investigation or charge arises was not willful and wanton, as described in Paragraph 2-611(2); provided, however, if it is the City Manager's attorney's fees that are being considered for payment, special legal counsel for the City shall make the determination of whether the City Manager's conduct from which the investigation or charge arises was willful and wanton, as described in Paragraph 2-611(2).

(b) At the direction of the City Manager, or at the direction of the City's special legal counsel if it is the City Manager's attorney's fees that are being paid, such fees may be paid by the City as incurred by the employee or may be reimbursed by the City upon disposition of the charge. In the event that such fees are advanced by the City and the investigation and/or prosecution of the charge results in a disposition other than dismissal or acquittal, the employee shall reimburse the City for the full amount of said fees within ninety (90) days of the disposition date of the charge.

(Ord. No. 176, 2000, § 2, 12-19-00)

Sec. 2-614. No liability to third parties.Go to the top

The City's assumption of liability in this Division shall not be construed so as to expand in any way the City's liability to third-party claimants, whether under the provisions of the Colorado Governmental Immunity Act or otherwise.

(Ord. No. 176, 2000, § 2, 12-19-00)

Secs. 2-615—2-616. Reserved.

DIVISION 7. PUBLIC SAFETY – ADMINISTRATIVE COOPERATIVE AGREEMENTGo to the top

Sec. 2-617. Statement of policy.Go to the top

The protection of the public health, safety and welfare demands that police employees of the Fort Collins Police Department not be allowed to strike or engage in any work stoppage, slowdown or mass absenteeism. This necessary prohibition does not, however, require the denial to such employees the right to organize, the right to be represented by an employee organization of their choice, and the right to bargain collectively. It is hereby declared to be the policy of the City of Fort Collins to have a system of collective bargaining to establish a productive relationship between the City and its police employees and to set compensation and certain other conditions of employment as specified in this Division. In lieu of allowing police employees to strike to resolve impasses in negotiations, the City hereby adopts a system of binding interest arbitration to resolve such impasses.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-618. Definitions.Go to the top

As used in this Division, the following terms shall, unless the context requires a different interpretation, have the following meanings:

Police employees shall mean all full-time sworn police officers maintaining the rank of Lieutenant and below of the Police Department of the City of Fort Collins, and Community Service Officers and Dispatchers of the Police Department equivalent to the rank of Lieutenant or below.

Corporate authorities shall mean the City Manager and the City Council of the City of Fort Collins or their representatives.

Sole and exclusive bargaining agent or bargaining agent shall mean an employee organization chosen by the police employees pursuant to § 2-620.

Final offer shall be the written offer made latest in time by a party to the other party at least seven (7) days prior to the start of a binding arbitration hearing.

Mandatory subject of bargaining shall mean a subject which shall be discussed during negotiations if either party wishes to discuss it and may be submitted to binding arbitration by either party in the event of an impasse.

Permissive subject of bargaining shall mean a subject which may be discussed during negotiations only if both parties agree to discuss it and shall not be submitted to binding arbitration unless both parties agree to submit it.

Prohibited subject of bargaining shall mean a subject which shall not be included in any collective bargaining agreement and shall not be subject to binding arbitration.

Fringe benefits shall include, but not be limited to: vacation leave; holidays; sick leave; bereavement leave; jury duty leave; leave for union activity; other paid or unpaid leave; the method of selecting, applying for and voting for leave; payments for injuries, sickness or death arising from the line of duty; insurance (levels of contribution and levels of benefit); allowances for uniforms and equipment and the maintenance of uniforms and equipment; dependent's benefits, retiree benefits and pension contribution levels; and any other financial or economic benefits granted to individual police employees.

Compensation shall mean wages, salaries and any other pay to police employees. By way of illustration, the term shall include longevity pay, hazardous duty pay, shift differential, acting pay, call back pay, overtime pay and payments for unused leave at separation.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-619. Right to organize and bargain collectively; mandatory, prohibited and permissive subjects of bargaining.Go to the top

(a) Police employees shall have the right to bargain collectively with the City and to be represented by an employee organization in such negotiations.

(b) The following shall be mandatory subjects of bargaining for police employees:

(1) Compensation;

(2) Fringe benefits;

(3) The number of hours in the workweek;

(4) The definition and benefits of "seniority;"

(5) Personal safety and health equipment;

(6) A bargaining agent recognition clause;

(7) Procedures relating to labor/management cooperation and communication;

(8) The notice and the time intervals regarding changes of shifts and the emergency exceptions thereto;

(9) The collective bargaining agreement severability clause;

(10) The duration of the collective bargaining agreement;

(11) Procedures and notice relating to the layoff and recall of police employees, but not the decision of whether to lay off or recall;

(12) Payment of fees as set forth in Subsection 2-633(d);

(13) A dues check-off and/or fair share clause;

(14) Grievance and grievance binding arbitration procedures for matters included in the agreement;

(15) The number of shifts and times the shifts begin and end;

(16) Procedures for internal investigations, procedures for just cause discipline and procedures for promotions, assignments, rotations and transfers in the Department;

(17) The number of hours in a work shift; and

(18) Physical, mental, drug and/or alcohol testing.

(c) The following shall be prohibited subjects of bargaining:

(1) Any proposal that would conflict with a state or federal law;

(2) Any proposal that would conflict with the City Charter;

(3) Any proposal over which the City has no authority to act because of state or federal law;

(4) The standards of service of the Police Department and the City;

(5) The tables of organization of the Police Department;

(6) The budgets of the Police Department;

(7) Civilianization; and

(8) Training.

(d) The following shall be permissive subjects for bargaining:

(1) Off-duty employment;

(2) Safety and health matters, except as provided in Paragraph 2-619(b)(5);

(3) All other terms and conditions of employment not listed in Subsections (b) and (c) above;

(4) Staffing of the Police Department; and

(5) Facilities of the Police Department.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-620. Selection and recognition of bargaining agent.Go to the top

(a) The sole and exclusive bargaining agent for the purpose of bargaining shall be the sole and exclusive representative of all of the police employees, if the majority of the police employees voting in an election vote for such bargaining agent.

(b) Questions concerning the selection or removal of a bargaining agent may be raised by petition of any police employee, group of police employees or employee organization representing or wishing to represent police employees but only if such petition is signed by at least fifty (50) percent of the police employees. Such a petition may be submitted at any time to the American Arbitration Association (or its successor organization) provided that in the event there is a bargaining agent then certified or recognized by the City, no petition may be filed within twelve (12) months of the bargaining agent's certification by the American Arbitration Association; and provided further that no petition may be filed during the term of an existing agreement, except during the period from January 1 to January 31 of the final year of such agreement.

(c) When a petition is filed concerning the selection or removal of a bargaining agent, the American Arbitration Association (or its successor organization) shall promptly send the petition to the Police Department for determination of whether it contains the requisite number of signatures. The Police Department shall promptly make that determination and notify the American Arbitration Association (or its successor organization) of its conclusion. If the petition has the requisite number of signatures, the American Arbitration Association (or its successor organization) shall determine the question of selection or removal of any bargaining agent by taking a secret ballot of police employees and certifying in writing the results thereof to the corporate authorities and the person, persons and employee organizations involved. The secret ballot election shall be conducted not less than fifteen (15) days or more than thirty (30) days from the date of filing the petition. The American Arbitration Association (or its successor organization) shall certify the results of the above-described election within three (3) days of the close of the polls. The cost of running the election shall be borne equally by each organization on the ballot.

(d) The employee organization selected by the majority of the police employees voting in an election conducted pursuant to Subsection (c) above shall be recognized by the corporate authorities as the sole and exclusive bargaining agent for all police employees unless and until the American Arbitration Association or its successor certifies a different organization.

(e) The election procedure shall follow the rules established by the American Arbitration Association.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-621. Obligation to bargain in good faith.Go to the top

(a) It shall be the obligation of the corporate authorities to meet and bargain in good faith with the representatives of the bargaining agent at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract and executed in a timely manner. Any such contract shall be for a term of not less than one (1) year or more than three (3) years. All collective bargaining agreements shall be effective on a January 1 date and shall terminate on a December 31 date.

(b) It shall be the obligation of the bargaining agent to meet and bargain collectively in good faith with the corporate authorities at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract and executed in a timely manner.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-622. Facilitation assistance.Go to the top

It is recognized that from time to time, the bargaining teams of the parties may find it difficult readily to achieve agreement. Whenever it is deemed appropriate or beneficial to do so, the parties may engage the services of one (1) or more experts, consultants, facilitators or mediators as they may jointly agree may benefit the process of reaching agreement on one (1) or more items. It is specifically contemplated that the parties might engage individuals who have demonstrated knowledge or expertise in a given topic under discussion or skills and abilities in dispute resolution to serve as a facilitator, mediator or other assistant to promote the parties reaching a voluntary resolution. Fees and expenses of such individuals will be shared equally by the parties, unless otherwise agreed.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-623. Unresolved issues submitted to binding arbitration.Go to the top

In the event that the bargaining agent and the corporate authorities are unable, within sixty (60) days from and including the date of their first meeting, to reach an agreement on a contract, final offers on any and all unresolved issues concerning mandatory subjects of bargaining shall be submitted to binding arbitration and final offers on any permissive subjects of bargaining may be submitted to binding arbitration if both parties agree to submit them. The obligation of the parties to bargain in good faith shall continue after submission of unresolved issues to binding arbitration. Any or all issues which are unresolved between the bargaining agent and the corporate authorities may be resolved by the parties until the sixteenth day following receipt of the decision of the arbitrator. Any agreements reached within fifteen (15) days following receipt of the decision of the arbitrator shall supersede the decision of the arbitrator. In the event the bargaining agent and the corporate authorities are able to reach agreement upon any or all issues prior to the receipt of the decision of the arbitrator, then the arbitrator shall make no decision on such issue or issues.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-624. Binding arbitrator; selection.Go to the top

(a) Within forty-five (45) days after the adoption of the ordinance codified herein, the City shall, in some reasonable manner, solicit applications from persons who desire to be on a permanent panel of arbitrators to resolve impasses as described in § 2-623.

(b) In order to be eligible to be on the permanent panel of arbitrators, a person must be impartial and disinterested and must be qualified by experience and training as a neutral hearing officer or arbitrator in labor/management disputes. These disputes shall be an impasse in negotiations between labor and management, disputes over the meaning or application of contracts between labor and management or discipline. Any person whose only experience is as a hearing officer in any civil or career service system shall not be qualified. Persons who are members of the National Academy of Arbitrators or on the American Arbitration Association panel of labor arbitrators are presumptively qualified.

(c) The City Council shall create a permanent panel of at least five (5) arbitrators from those qualified persons who apply. Placement on the permanent panel shall be approved by reading resolution of the City Council. Any qualified person can be added to the permanent panel at any time. Persons on the panel shall remain on the panel for a term of four (4) years, and may be reappointed, provided that the members of the initial panel shall be appointed to terms of varying lengths not to exceed six (6) years. Any person on the permanent panel may be removed by passage of a resolution by the City Council unless that person has been selected to conduct a hearing concerning a particular dispute pursuant to Subsection (e) of this Section, and then that person can only be removed after issuing a decision in that dispute.

(d) Each person placed on the permanent panel shall sign an oath to uphold the terms of this Division.

(e) Within three (3) days of the expiration of the sixty-day time period referred to in § 2-623, the bargaining agent or the corporate authorities may request the list of names from the City Clerk and the City Clerk shall submit a list with the names of all members of the permanent panel to the bargaining agent and the corporate authorities within five (5) days. Within ten (10) days of receipt of this list, the bargaining agent and the corporate authorities shall meet and alternatively strike one (1) name from the list until one (1) name remains (if the panel has an odd number of names) or two (2) names remain (if the panel has an even number of names). If one (1) name remains, that person shall be the arbitrator for that dispute. If two (2) names remain, the Mayor shall select one (1) of those two (2) names to be the arbitrator for that dispute. The Mayor's selection must take place within five (5) days of the completion of the striking process by the bargaining agent and the corporate authorities. The determination of whether the bargaining agent or the corporate authorities strikes first shall be done by flip of a coin.

(f) Nothing herein shall be construed to prevent the bargaining agent and the corporate authorities from agreeing to an arbitrator from the permanent panel.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-625. Hearings.Go to the top

(a) The arbitrator shall call a hearing to begin within twenty-five (25) days of selection, and shall give at least ten (10) days' notice in writing to the bargaining agent and the corporate authorities of the time and place of such hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all oral or documentary evidence and other data deemed competent and relevant by the arbitrator shall be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relating to or pertinent to the issues presented for determination.

(b) The hearing conducted by the arbitrator shall be concluded within seven (7) days of the time of commencement. Within ten (10) days following the conclusion of the hearing, the parties may, if they deem necessary, submit written briefs to the arbitrator. Within twenty-one (21) days of receipt of such briefs, or within twenty-one (21) days after the conclusion of the hearing if no post-hearing briefs are filed, the arbitrator shall make written findings and conclusions setting forth the basis of the arbitrator's decision on the issues presented, a copy of which shall be delivered to the bargaining agent and the corporate authorities in the same manner on the same date. The written findings and conclusions shall be reached in accordance with the provisions of § 2-626.

(c) By mutual agreement of the parties and the arbitrator, the provided time frames in this Division may be extended.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-626. Factors to be considered by the arbitrator.Go to the top

The arbitrator shall conduct the hearing and render his or her decision with due consideration of the need for a prompt, peaceful and just settlement of all unresolved issues between the bargaining agent and the corporate authorities. The arbitrator may apply the standards commonly used in interest disputes but shall rely predominantly on the following in arriving at a decision:

(a) The interests and welfare of the public;

(b) The finances of the City;

(c) The lawful authority of the City;

(d) Stipulations of the parties;

(e) Comparison of the compensation, fringe benefits, hours and other terms and conditions of employment of Fort Collins Police employees with other law enforcement employees performing comparable services in public employment in comparable Colorado communities; and

(f) The cost of living;

(g) Any claims of failure of a party to bargain in good faith pursuant to § 2-621; and

(h) Other similar standards recognized in the resolution of interest disputes.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-627. Final offer procedure.Go to the top

The corporate authorities and the bargaining agent shall submit to the arbitrator final offers on each issue on which there was not agreement. The award of the arbitrator on each issue shall be the final offer of the corporate authorities or the final offer of the bargaining agent. The arbitrator shall state the reasons for the award in writing in accordance with Subsection 2-625(b).

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-628. Finality of the arbitrator's decision.Go to the top

(a) Except as otherwise provided in this Section, the decision of the arbitrator shall be final and binding on the bargaining agent and the corporate authorities; provided that the arbitrator's decision shall be binding only for the term of the contract. Nothing herein shall prohibit the parties from agreeing to terms different from the decision of the arbitrator as long as such agreements are made within fifteen (15) days after receipt of the arbitrator's decision.

(b) The arbitrator's decision shall be subject to court review only pursuant to the terms of this Section. Any party desiring court review must file suit in District Court no later than thirty (30) days after the date of the arbitrator's decision. Failure to file suit within this time frame shall waive the right to appeal the decision. A party may appeal to the District Court only on the following grounds:

(1) The award was procured by corruption, fraud or other similar wrongdoing; or

(2) The decision on any issue is arbitrary and capricious, to wit, there is no competent evidence in the record to support the decision; or

(3) The decision on any issue was reached without considering the factors listed in § 2-626 hereof; or

(4) The award of the arbitrator on an issue was not the final offer of the corporate authorities or the final offer of the bargaining agent.

(c) The court shall not conduct de novo review except to determine whether the award was procured by corruption, fraud or other similar wrongdoing. If the court determines that the award was procured by corruption, fraud or other similar wrongdoing, the entire award shall be vacated and the matter shall be remanded back to a different arbitrator selected pursuant to the terms of § 2-624 hereof. The arbitrator who issued the award determined to be procured by corruption, fraud or other similar wrongdoing shall no longer be deemed qualified to be on the permanent panel of arbitrators, shall cease to be a member of the panel and shall not be eligible for reappointment to the permanent panel. If the court determines that the arbitrator's decision on any issue is arbitrary and capricious, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the bargaining agent or the corporate authorities so desires and, with or without a new hearing, to issue a new decision on that issue which is based on some competent evidence in the record. If the court determines that the arbitrator's decision on any issue was reached without considering the factors listed in § 2-626 hereof, the court shall remand that issue to the arbitrator with instructions to conduct a new hearing on that issue if either the bargaining agent or the corporate authorities so desires and, with or without a new hearing, to issue a decision which considers the factors listed in § 2-626 hereof as the arbitrator deems proper. If the court determines that the arbitrator's decision did not accept the final offer of either the corporate authorities or the bargaining agent on an issue, the court shall remand the issue to the arbitrator with instructions to accept the final offer of either the corporate authorities or the bargaining agent.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-629. Fees and expenses of arbitration.Go to the top

Fifty (50) percent of the necessary fees and necessary expenses of arbitration (excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and fifty (50) percent shall be borne by the bargaining agent.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-630. Collective bargaining agreement; what constitutes.Go to the top

(a) The collective bargaining agreement between the City and the bargaining agent shall consist of any and all terms actually agreed to by the parties or awarded by the arbitrator. At the request of either the bargaining agent or the corporate authorities, the agreement shall contain a grievance procedure which culminates in final and binding arbitration by a neutral arbitrator. The grievance procedure may be established by voluntary agreement or by the arbitrator.

(b) Whenever there is a conflict between the terms of the agreement and a rule, executive order, procedure, policy or any ordinance or any other Charter section of the City which is applicable only to employees of the City, the provisions of the agreement shall prevail.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-631. Request for bargaining.Go to the top

(a) In order to begin the bargaining process, it is the obligation of the bargaining agent to serve written notice of request for bargaining on the corporate authorities no later than May 1 of the year before the contract period which will be the subject of the bargaining process with bargaining to commence no later than May 15th.

(b) All time limits for action contained in this Division, other than the times for requesting and commencing bargaining set forth in this Section, may be waived by mutual consent of the parties.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-632. Terms and conditions of employment not to be reduced.Go to the top

The compensation, fringe benefits and other terms and conditions of employment granted to police employees by policy, ordinance or Charter as of the date of adoption of this Division, and all sections thereof, shall not be reduced except by voluntary agreement between the corporate authorities and the bargaining agent.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-633. Prohibition.Go to the top

(a) Neither the bargaining agent nor the police employees, nor any person acting in concert with them, will cause, sanction or take part in any withholding of services to the City by means of a strike, walkout, sit down, slowdown, stoppage of work, abnormal absenteeism or other method. Therefore, all such actions are expressly prohibited.

(b) Violation of any provision of Subsection (a) of this Section by the bargaining agent of the police officers shall be cause for the City to terminate a collective bargaining agreement with the bargaining agent upon giving written notice to that effect to the chief representative of the bargaining agent, in addition to whatever other remedies may be available to the City at law or in equity.

(c) Violation of any provision of Subsection (a) of this Section by any police officer shall be just cause for discipline of the police officer, in addition to whatever other remedies may be available to the City at law or in equity. All provisions of § 2-629 shall apply to any disciplinary action under this Subsection.

(d) No police officer or person seeking to become a police employee shall be appointed, promoted, reduced, removed or in any way discriminated against because of affiliations or non-affiliations with an employee organization; provided that it shall be allowable and it shall not be in violation of this Section for an agreement between the bargaining agent and the corporate authorities to require as a condition of employment the payment by police employees to the bargaining agent of an amount not to exceed the normal dues and assessments required of members of the bargaining agent so long as the City is adequately indemnified and held harmless as part of the agreement.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)

Sec. 2-634. Severability.Go to the top

If any clause, sentence, paragraph or part of this Division, or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Division or its application.

(Citizen-initiated Ordinance No. 1, 2004, approved at 8/10/04 special election)


ARTICLE VIII.Go to the top
FINANCIAL DISCLOSURE*

DIVISION 1. GENERALLY

Sec. 2-635. Reserved.

DIVISION 2. FINANCIAL DISCLOSURE**Go to the top

Sec. 2-636. Required.Go to the top

Any candidate for the office of City Councilmember shall, within ten (10) days after filing acceptance of nomination with the City Clerk, file with the City Clerk a written disclosure statement that conforms to the requirements of § 2-637. Such a written disclosure statement shall also be filed with the City Clerk by each member of the City Council, the City Manager and the City Attorney not later than thirty (30) days after their election, re-election, appointment or retention in office; provided, however, that any City Councilmember who is elected or re-elected and who has, prior to said election or re-election, filed a written disclosure statement within ten (10) days after filing acceptance of nomination, may file an amended statement with the City Clerk or notify the City Clerk in writing that there has been no change in the disclosures made therein, since the date of filing of the same.

(Code 1972, § 8-1(A); Ord. No. 146, 2000, § 1, 11-7-00)

Sec. 2-637. Requirements.Go to the top

Financial disclosure shall include:

(1) The source or sources of any income, including capital gains whether or not taxable of the person making disclosure and such person's spouse;

(2) Any financial interest in excess of ten thousand dollars ($10,000.) in any business entity;

(3) The legal description of any interest in real property owned by the person making disclosure or such person's spouse;

(4) The identity by name of all offices and directorships held by the person making disclosure and such person's spouse;

(5) The name of each creditor to whom the person making disclosure or such person's spouse owes money in excess of ten thousand dollars ($10,000.);

(6) A list of businesses with which the person making disclosure or such person's spouse are associated that do business with or are regulated by the City and the nature of such business or regulation;

(7) Such additional information as the person making disclosure might desire.

(Code 1972, § 8-1(B); Ord. No. 123, 2011, 10-4-11)

Sec. 2-638. Amended statement.Go to the top

Any person required to file a disclosure statement after his or her election, re-election, appointment or retention in office, shall on or before May 15 of each calendar year after the year in which his or her election, re-election, appointment or retention in office occurs, file an amended statement with the City Clerk or notify the City Clerk in writing that there has been no change in the information shown on the last previous disclosure statement.

(Code 1972, § 8-1(C); Ord. No. 146, 2000, § 2, 11-7-00)

Sec. 2-639. Notice.Go to the top

The City Clerk shall give written notice to each person required to make disclosure at least thirty (30) days before such disclosure is required to be filed.

(Code 1972, § 8-1(C))

Sec. 2-640. Public record.Go to the top

Each disclosure statement, amended statement or a notification that no amendment is required shall be public information available to any person upon request during normal working hours.

(Code 1972, § 8-1(D))

Sec. 2-641. Federal income tax alternative.Go to the top

Any person subject to the provisions of this Division may elect to file with the City Clerk annually a copy of such person's federal income tax return and any separate federal income tax return filed by such person's spouse together with a statement of any investments held by such person or such person's spouse which are not reflected by the income tax returns in lieu of complying with the provisions of §§ 2-636, 2-637 and 2-638 which tax return and any statement filed under the provisions of this Section shall be public information.

(Code 1972, § 8-1(E))

Sec. 2-642. Penalty.Go to the top

Any person who willfully files a false or incomplete disclosure statement, amendment or notice that no amendment is required or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments or who willfully fails to make any filing required by this Division shall be guilty of a violation of the Code punishable as a misdemeanor, and shall upon conviction be punished by a fine not to exceed the limits established in § 1-15.

(Code 1972, § 8-1(F))

Secs. 2-643—2-655. Reserved.

DIVISION 3. GIFTS, HONORARIA AND OTHER BENEFITS*Go to the top

Sec. 2-656. Report required.Go to the top

Every Councilmember who receives from any other person any gifts, honoraria or other benefits in connection with the Councilmember's public service shall file, on or before January 15, April 15, July 15 and October 15 of each year, a report covering the period since the last report as required by Section 24-6-203, C.R.S.

(Ord. No. 175, 2000, § 1, 12-19-00; Ord. No. 003, 2007, 2-6-07)

Secs. 2-657—2-665. Reserved.


ARTICLE IX.Go to the top
EMERGENCY MANAGEMENT**

Sec. 2-666. Definition.Go to the top

As used in this Article, local emergency shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City, including but not limited to: fire, flood, storm, earthquake, epidemic, infestation, explosion, aircraft crash, hazardous substance incident, oil spill or other contamination of air or water requiring immediate action to avert danger or damage; water or power shortage, civil disturbance, hostile military or paramilitary action; or any other declared disaster that requires the aid and assistance of outside, local, state or federal agencies.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-667. Legislative intent.Go to the top

The declared purposes of this Article are to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of a local emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, organizations and affected private persons.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-668. Disaster Council membership.Go to the top

The Disaster Council is hereby created and shall consist of the following:

(1) The City Manager, who shall be chairperson;

(2) The Deputy City Manager, who shall be vice-chairperson;

(3) The Mayor;

(4) The Emergency Management Coordinator; and

(5) Other City staff members as are designated in the emergency operations plan of the City, adopted pursuant to this Article.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-669. Disaster Council powers and duties.Go to the top

The Disaster Council shall have the duty and power to develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon call of the chairperson or, in his or her absence from the City or inability to call such meeting, upon call of the vice-chairperson.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-670. Office of Emergency Management.Go to the top

There is hereby created the Office of Emergency Management. The City Manager shall be the Director of the Office of Emergency Management. The Emergency Management Coordinator shall be the Assistant Director. The Office of Emergency Management shall be located within the Poudre Fire Authority, and the Poudre Fire Authority shall provide the administrative support necessary for the office to carry out its duties.

(Ord. No. 40, 1990, 7-3-90; Ord. No. 26, 1996, 3-5-96)

Sec. 2-671. Powers and duties of the Director and Assistant Director of the Office of Emergency Management.Go to the top

(a) The Director is hereby empowered:

(1) To proclaim the existence or threatened existence of a local emergency. Whenever a local emergency is proclaimed by the Director, it shall not be continued or renewed for a period in excess of seven (7) days, except by or with the consent of the City Council. Any such proclamation shall be given prompt and general publicity and shall be filed promptly with the City Clerk or the Larimer County Clerk and Recorder and with the state agency responsible for emergency management.

(2) To request the Governor of the State to proclaim a "state of disaster emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.

(3) To control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this Article.

(4) To coordinate the services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise.

(5) To represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(6) In the event of the proclamation of a local emergency as herein provided or the proclamation of a "state of disaster emergency" by the Governor or other lawfully empowered official of the State:

a. To make and issue rules and regulations on matters reasonably related to the protection of life, health, safety and property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practical time by the City Council;

b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life, health, safety and property and to bind the City for the fair value thereof in accordance with Chapter 8 and, if required immediately, to commandeer the same for public use;

c. To require emergency services of any City officer or employee and, in the event of the proclamation by the Governor or other lawfully empowered official of the State of a "state of disaster emergency" in the County, to command the aid of as many citizens of the City as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for civil defense workers;

d. To requisition necessary personnel or material of the Poudre Fire Authority and/or the City; and

e. To execute all of the ordinary powers as City Manager, all of the special powers conferred by this Article or by the Emergency Operations Plan adopted by the City Council pursuant hereto, and all powers conferred by any statute, by agreement approved by the City Council and by any other lawful authority.

(b) The Director of the Office of Emergency Management shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be as set forth in the Direction and Control Annex to the Emergency Operations Plan adopted pursuant to this Article.

(c) The Assistant Director shall, under the supervision of the Director and with the assistance of the members of the Disaster Council, develop emergency operations plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.

(d) In the event of a declaration of military law, the efforts of the emergency organization of the City shall be subject to the direction and approval of the Office of the Mayor as head of City government in accordance with Article II, Section 4 of the Charter.

(e) Any rules and regulations made and issued by the Director pursuant to the authorization set forth in Paragraph (a)(6) of this Section shall be disseminated to local radio and television stations and to a newspaper having a general circulation within the City. A knowing violation of such rules and regulations shall be a misdemeanor punishable under § 1-15 of this Code.

(Ord. No. 40, 1990, 7-3-90; Ord. No. 130, 2002, § 10, 9-17-02; Ord. No. 146, 2003, 11-18-03; Ord. No. 080, 2007, 7-17-07)

Sec. 2-672. Emergency organization.Go to the top

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of § 2-671(a)(6)c of this Article, be charged with duties incident to the protection of life, health, safety and property in the City during such emergency, shall constitute the emergency organization of the City.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-673. Emergency Operations Plan.Go to the top

The Disaster Council shall be responsible for the development and adoption of the Emergency Operations Plan (and any subsequent revisions), which Plan shall provide for the effective mobilization of all of the resources of the City to meet any condition constituting a local emergency or state of disaster emergency pursuant to state law; and shall provide for the organization, powers and duties, services and staff of the emergency organization of the City.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-674. No obstruction.Go to the top

It shall be unlawful for any person to willfully obstruct, hinder or delay any person in the exercise of any duty or authority pursuant to the provisions of this Article.

(Ord. No. 40, 1990, 7-3-90)

Sec. 2-675. Conflicting ordinances, orders, rules and regulations suspended.Go to the top

Any orders, rules and regulations promulgated during a proclaimed state of disaster emergency shall take precedence over existing ordinances, rules and regulations if a conflict arises.

(Ord. No. 40, 1990, 7-3-90)


*Charter references—City Council, Art. II; elections, Art. VIII; recall, Art. IX; initiative and referendum, Art. X.

Cross-references—Financial disclosure, § 2-636 et seq.; election Districts for City Councilmembers established, § 7-86.

*Cross-references—Appeals from the Liquor Licensing Authority, § 3-36; appeals from the Building Review Board may be heard by the City Council, § 5-312; appeals from the decision of the city regarding alarm permits to the City Council, § 15-36; appeals from the determinations of the Building Review Board regarding alarm permits to the City Council, § 15-41(b); disapproval of pawnbroker's license may be appealed to the City Council, § 15-265(c); applicant for license regarding places of entertainment may appeal the decision to the City Council, § 15-298; appeals from the denial of the secondhand dealer's license to the City Council, § 15-318(d); appeals for denial of a license for a mobile home park may be appealed to the City Council, § 18-5(d).

*Charter references—Appointive boards, Art. IV, § 1; Water Board, Art. XII, § 7.

Cross-references—Open meetings, § 2-77 et seq.; Liquor Licensing Authority established, § 3-31; Board of Elections created, § 7-26; Personnel Board created, § 21-26; Board of Trustees of the Firefighters' Pension Plan created, § 21-42; Retirement Committee created, § 21-86. Personnel Board, §§ 21-26 through 21-30, dissolved by Ord. No, 165, 2005, adopted 12-20-05.

*Editor's noteDiv. 22, formerly Massage Licensing Authority, was repealed by Ord. 097, 2008, § 1, adopted 9-2-08.

*Editor's note—Division 2, §§ 2-81—2-86, formerly dealt with the Fort Collins-Loveland Airport Authority and was derived from Ord. No. 258, 1986, § 1, adopted Nov. 4, 1986, and Ord. No. 79, 1988, § 1, adopted June 7, 1988. Section 1 of Ord. No. 61, 1990, adopted July 3, 1990, requested the termination of the Airport Authority authorized in Section 41-3-104(6), C.R.S. Section 4 specifically abolished the authority upon the filing of Ord. No. 61, 1990 and a similar ordinance of the City of Loveland, with the state Director of the Division of Local Government. The city has advised that this has been done. Ord. No. 84, 1993, adopted August 3, 1993, established the Affordable Housing Board, inserting the provisions at Division 2.

*Editor's note—Section 1 of Ord. No. 93, 1987, adopted July 7, 1987, specified that all references to the Building Board of Appeals be deleted from Ord. No. 158, 1986. Section 3 of Ord. No. 93, 1987, amended Ch. 2 by adding sections designated by the editor as a new Div. 6, §§ 2-101—2-105. Formerly, Div. 6 was derived from Ord. No. 158, 1986, § 2. Section 4 of Ord. No. 93, 1987 specified that all references to the Building Board of Appeals and the Building Contractors Licensing Board be changed to the Building Review Board. Ord. No. 18, 1994, adopted June 7, 1994, renumbered former Division 6 to Division 7. Ord. No. 21, 1995, adopted April 25, 1995, renumbered former §§ 2-101—2-105 to 2-117—2-121.

Cross-references—Appeals from certain boards to be taken to the City Council, § 2-47; appeals from revocation of permit for moving of buildings by City Engineer shall be to the Building Review Board, § 5-65; appeals from decisions of the enforcing official under the National Electrical Code shall be to the Building Review Board, § 5-87; appeals from the decision of the Building Permits and In­spections Administrator regarding plumbing shall be to the Building Review Board, § 5-144; appeals from provisions of the housing code shall be to the Building Review Board, § 5-259; appeals from the order of the Building Permits and Inspections Administrator re­garding substandard buildings shall be heard by the Building Re­view Board, § 5-304; appeals from the application of the Uniform Fire Code shall be made to the Building Review Board acting as the Fire Board of Appeals, § 9-3; determination of suspension and revo­cation of any license, permit or certificate under the alarm permit regulations shall be made by the Building Review Board, § 15-41; purpose of the Building Review Board in reviewing and issuing contractors' licenses, § 15-153; duties and responsibilities of Build­ing Review Board concerning plumbing, § 15-306.

*Editor's note—Ord. No. 122, 1987, adopted Sept. 1, 1987, repealed § 5 of Ord. No. 158, 1986, adopted Nov. 4, 1986, which had been included as Div. 9, §§ 2-151—2-155, relating to the Choice Advisory Committee. Subsequently § 1 of Ord. No. 98, 1990, adopted Sept. 4, 1990, renumbered Div. 10, §§ 2-166—2-170, as Div. 9, §§ 2-151—2-155.

Cross-references—Discrimination, § 13-16 et seq.; discriminatory employment practices prohibited, § 13-17; discriminatory housing practices prohibited, § 13-18; discriminatory public accommodation practices prohibited, § 13-19; interference with operation of regula­tions regarding discrimination prohibited, § 13-20.

*Editor's note—Section 2 of Ord. No. 98, 1990, adopted Sept. 4, 1990, renumbered former Div. 11, §§ 2-181—2-185, as Div. 10, §§ 2-166—2-170.

*Editor's note—Editor's note—Division 10, Women's Commission, was moved to Division 35.

Cross-references—Discrimination, § 13-16 et seq.; discriminatory employment practices prohibited, § 13-17; discriminatory housing practices prohibited, § 13-18; discriminatory public accommodation practices prohibited, § 13-19; interference with operation of regulations regarding discrimination prohibited, § 13-20.

*Editor's note—Div. 11, §§ 2-181—2-185, was added by § 3 of Ord. No. 98, 1990, adopted Sept. 4, 1990. Former Div. 11 has been renumbered Div. 10, § 2-166 et seq.

Cross-references—Office of Cultural, Library and Recreational Services, § 2-511; cultural services and facilities fund, § 8-76; landmark preservation, Ch. 14; the Fort Collins Museum, § 23-186 et seq.

*Cross-references—Office of Cultural, Library and Recreational Services, § 2-511; cultural services and facilities fund, § 8-76; landmark preservation, Ch. 14; the Fort Collins Museum, § 23-186 et seq.

Editor's note—Formerly, Div. 14; renumbered Div. 15 by Ord. No. 100, 1991, adopted Aug. 20, 1991. The section numbers were changed from 2-231—2-235 to 2-236—2-240.

Cross-references—Office of Cultural, Library and Recreational Services, § 2-511 et seq.; golf fund, § 8-79; recreation fund, § 8-83; parks and recreation areas, § 23-201 et seq.

*Editor's note—Formerly, Div. 15; renumbered Div. 16 by Ord. No. 100, 1991, adopted Aug. 20, 1991. The section numbers remain unchanged.

Cross-reference—Discriminatory housing practices prohibited, § 13-18.

**Editor's note—Formerly, Div. 16; renumbered Div. 17 by Ord. No. 100, 1991, adopted Aug. 20, 1991. The section numbers remain unchanged.

Cross-references—The Human Relations Commission shall have the authority to hold closed meetings for certain purposes, § 2-71(c)(2); human relations, Ch. 13; Human Relations Commission shall hear appeals regarding discriminatory practices, § 13-24; discrimination, § 13-16; discriminatory employment practices prohibited, § 13-17; discriminatory housing practices prohibited, § 13-18; discriminatory public accommodation practices prohibited, § 13-19.

*Editor's note—Div. 18, Land Conservation and Stewardship Board, was added by Ord. No. 169, 2005, adopted 12-20-05. Divs. 18 through 26 were renumbered Divs. 19 through 26.

*Editor's note—Formerly, Div. 17; renumbered Div. 18 by Ord. No. 100, 1991, adopted August 20, 1991. The section numbers remain unchanged.

Cross-references—Appeals from certain boards and commissions to be taken to the City Council, § 2-47; landmark preservation, Ch. 14.

*Editor's note—Formerly, Div. 18; renumbered Div. 19 by Ord. No. 100, 1991, adopted August 20, 1991. Formerly, Div. 19, renumbered Div. 20 by Ord. No. 169, 2005, adopted 12-20-05. Div. 20, Library Board, repealed by Ord. No. 020, 2007, adopted 2-2-07.

Cross-references—Office of Cultural, Library and Recreational Services, § 2-511 et seq.; library, § 23-171 et seq.

*Editor's note—Formerly, Div. 21. Renumbered Div. 22 by Ord. No. 100, 1991, adopted Aug. 20, 1991. The section numbers remain unchanged. Former Div. 22, §§ 2-321—2-325, which pertained to the Parking Commission and was derived from Ord. No. 158, 1986, § 17, adopted Nov. 4, 1986, was repealed by Ord. No. 76, 1988, adopted June 7, 1988.

Cross-reference—Trees and shrubbery, § 27-16 et seq.

*Editor's note—Added Div. 24, Parking Advisory Board, by Ord. No. 039, 2013, adopted 3-19-13.

*Cross-references—Office of Cultural, Library and Recreational Services, § 2-501; conservation trust fund created, § 8-75; parkland fund created, § 8-80; recreation fund created, § 8-83; parks, trails and recreation areas, § 23-201 et seq.; acquisition and development of parklands, § 7.5-70 et seq. Formerly, Div. 23, renumbered Div. 24 by Ord. No. 169, 2005, adopted 12-20-05. Formerly, Div. 24, renumbered Div. 25 by Ord. No. 039, 2013, adopted 3-19-13.

*Cross-references—Appeals from certain boards and commissions to be taken to the City Council, § 2-47; Zoning Board of Appeals, § 2-451 et seq.; Office of Community Planning and Environmental Services, § 2-500.; landmark preservation, Ch. 14; zoning, annexation and development of land, Land Use Code (or Transitional Land Use Regulations, if applicable). Formerly, Div. 25, renumbered Div. 26 by Ord. No. 169, 2005, adopted 12-20-05. Formerly, Div. 26, renumbered Div. 27 by Ord. No. 039, 2013, adopted 3-19-13.

*Editor's note—Ord. No. 77, 1988, adopted June 7, 1988, repealed Div. 27, §§ 2-381—2-385, which pertained to the quality of life commission and derived from Ord. No. 158, 1986, § 21, adopted Nov. 4, 1986. Ord. No. 169, 2005, adopted 12-20-05, deleted the original Div. 26 due to renumbering of Divs. 18 through 25 to Divs. 19 through 26. Formerly, Div. 27, renumbered Div. 28 by Ord. No. 039, 2013, adopted 3-19-13.

*Cross-reference—Human relations, Ch. 13. Formerly, Div. 29, renumbered Div. 30 by Ord. No. 039, 2013, adopted 3-19-13.

*Editor's note—Section 2 of Ord. No. 117, 1996, renumbered and renamed Division 30, Storm Drainage Board as Division 33, Water Utilities Board. Formerly, Div. 30, renumbered Div. 31 by Ord. No. 039, 2013, adopted 3-19-13.

**Editor's note—Section 1 of Ord. No. 78, 1987, adopted May 19, 1987, amended Ord. No. 158, 1986, adopted Nov. 4, 1986, to delete all sections pertaining to the Cable Advisory Board. Section 4 of Ord. No. 158, 1986, had been included as §§ 2-136—2-140. Section 3 of Ord. No. 78, 1987, amended Ch. 2 by adding sections designated by the editor as §§ 2-136—2-140. Section 4 of Ord. No. 9, 1996, adopted February 20, 1996, moved this Division from Division 8, changed the name from Cable TV Board to Telecommunications Board, renumbered §§ 2-136—2-140 as §§ 2-418—2-422, and renumbered Divs. 31—34 as 32—35. Ord. No. 076, 2009, dissolved the Telecommunications Board and repealed Div. 31, §§ 2-418—2-422 in their entirety. Formerly, Div. 31, renumbered Div. 32 by Ord. No. 039, 2013, adopted 3-19-13.

Cross-reference—Cable communications, Ch. 6.

*—Formerly, Div. 32, renumbered Div. 33 by Ord. No. 039, 2013, adopted 3-19-13.

*Editor's note—Ordinance No. 29, 1992, adopted Mar. 3, 1992, added a new Div. 31, §§ 2-426—2-431. Consequently, Div. 31, §§ 2-426—2-430, and Div. 32, §§ 2-441—2-445, have been redesignated and renumbered as Div. 32, §§ 2-436—2-440, and Div. 33, §§ 2-451—2-455. Formerly, Div. 33, renumbered Div. 34 by Ord. No. 039, 2013, adopted 3-19-13. Ord. No. 117, 1996, combined the functions of the Storm Drainage Board and the Water Board into the Water Utilities Board. Ord. No. 28, 1998, renamed the Water Utilities Board to the Water Board.

Cross-references—Appeals from certain boards and commissions to be taken to the City Council, § 2-47; Office of Utility Services, § 2-551; sewer fund created, § 8-85; storm drainage fund created, § 8-86; water fund created, § 8-89; Water Board shall hear and decide all appeals and requests for variance from requirements of the flood prevention and protection regulations, § 10-38; public improvements, Ch. 22; stormwater drainage, § 26-491; Water Board to assist in administering stormwater provisions, § 26-495.

*—Formerly, Div. 34, renumbered Div. 35 by Ord. No. 039, 2013, adopted 3-19-13. Renumbered Div. 35 as Div. 36.

*Note—See editor's note at Div. 33.

Cross-references—Appeals from certain boards and commissions to be taken to by the City Council, § 2-47; open meetings, § 2-71 et seq.; Planning and Zoning Board, § 2-351 et seq.; Office of Community Planning and Environmental Services, § 2-506 et seq.; landmark preservation, Ch. 14.

*Note—See Editor's Note at Div. 34. Formerly, Div. 35, renumbered Div. 36 by Ord. No. 039, 2013, adopted 3-19-13. Renumbered Div. 36 as Div. 37.

Cross-references—Appeals from certain boards and commissions to be taken to by the City Council, § 2-47; open meetings, § 2-71 et seq.; Planning and Zoning Board, § 2-351 et seq.; Community Planning and Environmental Services, § 2-502; landmark preservation, Ch. 14.

*Cross-references—Purchasing and contracting, § 8-110 et seq.; personnel, pensions and retirement, Ch. 21.

*Charter references—City Clerk, Art. II, § 12; City Manager, Art. III; administrative branch, Art. IV, § 2; residency requirement, Art. IV, § 3; oath, Art. IV, § 4; conflicts of interest, Art. IV, § 9.

Cross-references—Financial disclosure, § 2-621 et seq.; personnel, pensions and retirement, Ch. 21.

*Charter reference—City Attorney, Art. VI.

Cross-reference—Financial disclosure required within 30 days of the appointment or retention in office of the City Attorney, § 2-636.

**Cross-reference—Financial disclosure required within 30 days of the appointment or retention in office of the City Manager, § 2-636.

*Charter reference—Municipal Court, Art. VII.

Cross-reference—Municipal Court, Ch. 19.

*Charter references—Records to be public, Art. IV, § 5; conflict of interest, Art. IV, § 9.

Cross-references—City Council, § 2-16 et seq.; boards and commissions, § 2-71 et seq.; officers and employees, § 2-566 et seq.; campaign financing reports to be public record, § 7-130.

**Cross-references—City Council, § 2-16 et seq.; City Attorney, § 2-581 et seq.; City Manager, § 2-596; elections, Ch. 7; candidates for office of City Councilmember, § 7-116 et seq.

*Editor's note—Prior Division 3, §§ 2-656—2-658, relating to open meetings of boards and commissions, derived from Code 1972, § 8-2, and Ord. No. 22, 1990, § 6, adopted Mar. 13, 1990, was repealed by § 1 of Ord. No. 83, 1990, adopted Sept. 4, 1990. These provisions are now found in §§ 2-71—2-73.

**Editor's note—Ord. No. 40, 1990, adopted July 3, 1990, added Ch. 1, Art. II, §§ 1-30—1-39. For purposes of classification, under authority of § 1-10 of this Code, and in agreement with the city, the provisions have been redesignated as Ch. 2, Art. VII, §§ 2-666—2-675.