Colorado Code Publishing Company

(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.

(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.

(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. MEETINGS

Sec. 2-26. Definitions.

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.

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)

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

Sec. 2-28. Regular meetings.

(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)

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

Sec. 2-29. Special meetings.

(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)

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

Sec. 2-30. Meeting agenda.

(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 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, provided that the title of any ordinance placed on the consent calendar shall be read prior to action by the City Council on the consent calendar. 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)

Sec. 2-31. Executive sessions.

(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 or other direct City Council employees.

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 attorneys representing the City regarding litigation or potential litigation involving the City and/or the manner in which particular 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)

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

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

Sec. 2-32. Open meetings/notice.

(a) Except as otherwise provided in § 2-31, all meet-ings of the City Council and all meetings of City Council committees shall be open to the public. 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. No formal action shall be taken by any City Council committee except at a meeting held 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. The City Clerk shall make all such notices available to all interested members of the public.

(b) No ordinance, resolution, rule, regulation or other formal action of the City Council, and no formal action of a Council committee, shall be valid unless taken or made at a meeting that meets the requirements of Subsection (a) above.

(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)

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.

(a) Except as provided below with regard to executive sessions, minutes shall be maintained of all regular and special meetings of the City Council 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)

Sec. 2-34. Place of posting.

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 the City Council or City Council committees for which public notice is required to be given pursuant to § 2-32. 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.

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

Sec. 2-35. Removal from meetings.

The City Council shall have the power to cause persons to be removed from a City Council meeting or a Council committee meeting if any person fails 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)

Secs. 2-36—2-45. Reserved.

DIVISION 3. APPEALS PROCEDURE*

Sec. 2-46. Definitions.

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.

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 sent written comments to the board, commission or other decision maker prior to the action which is to be appealed;

(5) Any person who 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. 53, 1997, § 2, 3-18-97; Ord. No. 088, 2006, § 1, 6-6-06)

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

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

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;

(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. 53, 1997, § 1, 3-18-97; Ord. No. 28, 1998, § 2, 3-17-98)

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-references—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.

(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; or

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

(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 § 2-54. Said information shall then be mailed to the parties-in-interest together with the notice of hearing. Councilmembers who file an appeal shall not participate in deciding the appeal. Such Councilmembers may, however, participate in the appeal hearing in the same manner as other appellants, notwithstanding the provisions of Paragraph 2-568(c)(2).

(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)

Sec. 2-49. Filing of notice of appeal.

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) days after the action which is the subject of the appeal. Such notice of appeal 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) For 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; 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 § 2-50.

(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)

Sec. 2-50. Review of notice of appeal by City Attorney.

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. The City Clerk shall notify the appellant in writing by certified mail of any such defect in the notice of appeal, which notice shall be mailed no more than seven (7) working days from the date of filing of the notice of appeal.

(Code 1972, § 3A-5; Ord. No. 111, 1989, § 2, 8-1-89; Ord. No. 23, 1990, § 3, 4-3-90; Ord. No. 88, 1995, § 3, 8-1-95; Ord. No. 234, 1998, § 2, 1-5-99)

Sec. 2-51. Amended notice of appeal permitted.

An amended notice of appeal may be filed by the appellant within fourteen (14) working days after the date of filing of the notice of appeal. Such amended notice of appeal shall contain all of the information required under § 2-49 for the original notice of appeal and, upon filing with the City Clerk, shall supersede the original notice of appeal. Amendments to the notice of appeal need not be limited to those defects, if any, which have been identified by the City Attorney.

(Code 1972, § 3A-6; Ord. No. 111, 1989, § 3, 8-1-89; Ord. No. 59, 1994, § 2, 4-19-94; Ord. No. 88, 1995, § 3, 8-1-95; Ord. No. 234, 1998, § 3, 1-5-99)

Sec. 2-52. Cost of appeal.

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)

Sec. 2-53. Record on appeal.

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.

(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)

Sec. 2-54. Scheduling of the hearing.

(a) In the event of an appeal, the City Clerk shall schedule a date for hearing the appeal no less than thirty (30) nor more than sixty (60) 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 or amended notice of appeal, as applicable, and shall inform the parties-in-interest of the period of time within which additional issues may be identified under § 2-56.

(b) Any written materials that any party-in-interest may wish the City Council to consider in deciding the appeal and that fall within the exception to new evidence contained in Paragraph 2-57(b)(1) shall be submitted to the City Clerk no later than 12:00 p.m. on the Wednesday immediately preceding the date upon which the hearing on the appeal is scheduled to be held. Such materials shall then be included by the City Clerk in the agenda materials pertaining to the appeal.

(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)

Sec. 2-55. Site visits/no ex parte contacts.

(a) If a Councilmember wishes to inspect the site of a project development plan or other proposal that is the subject of an appeal, he or she may, no later than ten (10) days prior to the date of the hearing on the 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 the majority of the Council will be able to attend. The City Clerk shall, no less than five (5) days prior to the date of the hearing on the appeal, mail notice of the proposed site inspection to the appellant and to all parties-in-interest to whom notice of the appeal hearing was sent by the City Clerk under Subsection 2-54(a) of this Article. The appellant and all other parties-in-interest shall be entitled to attend such inspection, along with any members of City staff whose presence is requested by the City Manager. Any Councilmembers conducting a site inspection under this provision 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. The requirements of this provision shall not apply to observations made of the site by Councilmembers during the course of their travels within public rights-of-way adjacent to the site, but only to site inspections conducted for the express purpose of gathering additional information that may assist them in determining the appeal.

(b) 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, 2-5-07)

Sec. 2-56. Procedure at the hearing.

(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 visited the site pursuant to Subsection 2-55(a);

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

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

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

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

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

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

(b) 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.

(c) 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, 2-5-07)

Sec. 2-57. New evidence; scope of review; alternative actions available to the City Council; date of final action.

(a) The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter and the grounds for appeal cited in the notice of appeal. Issues not raised in the notice of appeal shall not be considered by the City Council in deciding the appeal.

(b) New evidence shall not be considered on appeal except under the following circumstances:

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

(2) When offered by City staff or parties-in-interest in response to questions presented by Councilmembers under Subsection 2-56(a) or (b);

(3) 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 Subsection 2-55(a).

(c) 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(1), 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.

(d) 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(2).

(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.

(e) 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, 2-5-07)

Secs. 2-58—2-70. Reserved.

ARTICLE III.
BOARDS AND COMMISSIONS*

DIVISION 1. GENERALLY

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

(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.

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.

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.

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*

Sec. 2-81. Creation.

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.

(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.

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.

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.

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 BOARD

Sec. 2-91. Creation.

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.

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

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

Sec. 2-93. Functions.

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.

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.

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

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

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

Sec. 2-97—2-100. Reserved.

DIVISION 4. ART IN PUBLIC PLACES BOARD

Sec. 2-101. Creation.

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.

(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.

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

Sec. 2-103. Functions.

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 Cultural, Library and Recreational 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)

Sec. 2-104. Officers; bylaws.

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

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

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 ELECTIONS

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 PLAN

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*

Sec. 2-117. Creation.

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.

(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.

(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.

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 strict application of any provision of said Article would result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person regulated, 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; and

(5) To serve as the Board of Appeals as required under Section 205 of the Uniform Code for the Abatement of Dangerous Buildings.

(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)

Sec. 2-120. Officers; bylaws.

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

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

(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 BOARD

Sec. 2-136. Creation.

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.

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.

(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 and the Health and Safety Committee of the City Council.

(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)

Sec. 2-139. Functions.

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.

(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),