The URL can be used to link to this page

Home My WebLink AboutStudy Session Agenda Packet 02-06-17\ STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO February 6 , 2017 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1 . Staff Report( s) a) Ordinance to approve implementation of the sales tax raise to 3.5% 2. Local Government Liability Issues -Tami Tanoue, CIRSA 3. Dinner -7:30 pm 4. Elected Legislative Session (immediately follows dinner) ~ Elected Officials' Report(s) ADJOURNMENT -.. ~ A' ... . City of '~Wlieat D i_rlrre ~FFICEOFTHE OIY M.At!a~'"°O Memorandum TO: Mayor and Council THROUGH: Patrick Goff FROM: Gerald Dahl, City Attorney DATE: February 1, 2017 (for Study Session of February 6, 2017) SUBJECT: Implementation of Sales Tax Increase .J,+6?10 I a_. As you know, the voters approved Wheat Ridge Ballot Question 2E on November 8, 2016, to increase the City's sales and use tax rate from $0.03 to $0.035 (one-half of one percent), to enable the City to bond for a list of improvements. The increase was effective January 1, 2017. It is necessary to amend the Code of Laws to reflect this change-Sections 22-56 (sales tax) and 22-66 (use tax). I will prepare the necessary ordinance for first reading on February 13 and second reading and final passage on February 27. ~" J. ~ ~ " . . City of ?P!"Wheat:BL_dge ~OFFICE OF THE Crrv MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council ('\ k Patrick Goff, City Manager-W.- February 1, 2017 (for February 6, 2017 Study Session) Local Government Liability Issues The job of an elected official is not an easy one and, if done improperly, can result in liability for the City, yourself, or both. Tami Tanoue from the Colorado Intergovernmental Risk Sharing Agency (CIRSA), of which the City is a member, has been invited to the February 1st study session to discuss many of the issues of greatest concern to elected officials from the standpoint of maximizing excellence and effectiveness, while minimizing the risk ofliability. Tami is the in-house General Counsel and Deputy Executive Director for CIRSA. She was previously in private practice with the firm of Griffiths, Tanoue, Light, Harrington & Dawes, where she served CIRSA and several other public entity self-insurance pools as contract General Counsel, and was City/Town Attorney or special counsel for numerous Colorado municipalities. Prior to that, she was Staff Attorney for the Colorado Municipal League, where she represented the collective interests of Colorado municipalities. Tami is a regular speaker on numerous local government liability topics and has written several publications on liability issues. Attachments: 1. Tami Tanoue Presentation 2. The Oath of Office: Ethics, Liability, and Best Practices 3. Nine Practices of Highly Ineffective Councils and Boards 4. Governing Body and Staff Relations 5. Governing Body and the Outlier Syndrome ~ ~ityof Wlieat~ge Ethics, Liability, and Best Practices for Elected Officials Tami A. Tanoue General Counsel/ Deputy Executive Director Speaker Bio • Tami A. Tanoue 800.228.7136 www.cirsa.org • In-house General Counsel/Deputy Executive Director forCIRSA • Previously in private practice with the firm of Griffiths, Tanoue, Light, Harrington & Dawes, serving CIRSA as its contract General Counsel for 12 years, and serving as City or Town Attorney for several Colorado municipalities. • Previously Staff Attorney for the Colorado Municipal League, representing the collective interests of Colorado municipalities. • Regular speaker on local government liability topics; author of several publications on liability issues. (::.1 Attachment 1 02/02/2017 1 Speaker Bio • Suggestions today are based on my years as a municipal attorney and observing the ways in which governing bodies can get into or stay out of trouble from a liability standpoint • Suggestions are those of the author, who takes full responsibility for them ... any resemblance strictly coincidental, etc. © • Here as a training resource; in the event of any conflict between my training tips and the advice of your entity's attorney, the advice of your attorney prevails! Introduction • In this presentation, we'll examine these issues: Governance versus administration: respecting the allocations of responsibility in your organizational structure: Personal conduct towards one another, staff, and the community • Using your power wisely and humanely Using your Manager as a resource 02/02/2017 2 Governance Models • John Carver's work on "policy governance" is perhaps the most comprehensive model for board governance • Addresses many common and recognizable inefficiencies in governing body-staff relationships • Seems to have caught on in part because it is a complete and holistic model, and provides a template for distinguishing between governance versus management/administration, and for honoring that distinction • Carver, Boards That Make A Difference (2006) • More recent updating of policy governance model by Ken Schuetz, "Aligned Influence" (www.alignedinfluence.com) Policy Governance Basics • Ends versus means: Governing body determines the "ends," and CEO and staff determine and carry out the "means" • Ends: the outcomes to be achieved, for whom, and at what costs • Executive limitations: Governing body sets forth the boundaries of ethics and prudence, in carrying out the means, beyond which the CEO and staff must not cross • But within those boundaries, the CEO is free to choose the means to the governing body's ends • Board-staff linkage: Governing body determines the manner in which it delegates authority to the CEO, how it will evaluate CEO performance (in achieving the "ends" and meeting the executive limitations) • Governance process: Governing body determines its own philosophy, the specifics of its own job, and its accountability 02/02/2017 3 Governance characteristics • Is the governing body's focus on governance rather than management or administration? • Management is not the same thing as governance! Being a "super-manager" is still not governing. • Governance is policy-setting, big picture, and forward-looking, rather than making reactive, case-by-case decisions as issues arise, or after-the-fact after a problem surfaces Governing bodies should develop "a taste for the grand expanse of the big picture," says Carver p Where are you focusing your efforts? • Time horizon • One level Ownership • "Covering" I Governance Management I Supervision I Front Line Employment p 02/02/2017 4 Governance characteristics • Does the governing body speak with one voice? • "Deliberate in many voices, but speak with one" • Recognize that, while there may be dissension or disagreement, the CEO (the City Manager) is accountable only for directions given by the body as a whole • Is the voice directed at the CEO, the governing body's primary employee? Personal Conduct • The way you conduct yourself in relation to other members of the body, staff, and the community greatly impacts your effectiveness as a governing body member • The incivility and divisiveness that characterize partisan politics need not be imported into nonpartisan local government! 02/02/2017 5 Personal Conduct • With respect to one another: Is someone maintaining the "outsider" perspective even after becoming the ultimate "insider"? • You may have started as a "critic" of the status quo, or been propelled to seek public office because of one particular issue of interest to you, but changes to your focus and perspective may need to change once you are in public office • Is someone not recognizing that a governing body member's power can be exercised only through the body as a whole? Acting as "I' rather than "we"? Personal Conduct • Is there an "imbalance of information" on the governing body? • Is someone purporting to be the "subject matter expert"? • Is someone doing independent "research"? • Does one person dominate the discussion or fail to yield the floor so as to give "equal time" to all members? • Is there a sense of distrust among one another? Is there constantly the same split vote on every issue with the same people lining up on the same side every time? • This could mean that the entire power of the governing body is always being given over to the one "tie breaker"! 02/02/2017 6 Personal Conduct Is everyone conforming to his/her charter-defined role? • Mayor: • Head of City government for "legal and ceremonial purposes" • Responsible for efficient administration of affairs placed in his/her charge • Liaison between Council and administration, including attendance at meetings and special events involving the administration • Conservator of the peace/emergency powers • Veto/tie breaking power Personal Conduct • Council: • Legislative body of the City • Legislative powers and functions of municipal government • "No interference" provisions: • Not dictate the appointment or duties of any department head or employee of the City • Deal with the administrative service of the City solely through the Manager • Not give orders or reprimands to any employee or subordinate of Manager. • May require Manager to make verbal or written reports of his activities and those of the City administration 02/02/2017 7 Personal Conduct • Manager: • Chief administrative officer of the City • Responsible to Council for operation of the City • Supervise and control departments under Manager's jurisdiction; other responsibilities as specified in charter • Accountable to the Council for own actions and those of subordinates • The roles of the Mayor, Council, and Manager as outlined in the charter can be viewed as the "job descriptions" of the respective positions • Failure to stay within the parameters of those job descriptions can create organizational chaos and personal liability Other Dimensions of Personal Conduct • With respect to staff: • Is staff viewed as "the enemy"? • Is there frequent second-guessing of staff, or a desire on the part of one or more governing body members to do individual "research" on staff recommendations? • Is staff frequently blindsided by issues that are raised for the first time only in the middle of a governing body meeting? • Is staff getting conflicting signals because you are acting as "I" rather than "we"? • With respect to the community: • Are "public comment" periods turning into "public inquisition" periods or "public argument" periods? • Is "staff bashing" or "elected official bashing" or "citizen bashing" happening at governing body meetings? 02/02/2017 8 Use your power wisely and humanely • Whether you know if or not, you set the tone for the whole City in terms of the treatment of one another, staff, and the community • If the tone you set is negative, demeaning, distrustful, discriminatory, etc., you are setting yourself and the City up for liability .... And guess what rolls downhill? • Understand that you are perceived as holding the most powerful positions in the City. You not only have actual power, you have perceived power. • Use courtesy, tact, and diplomacy in interactions, especially in public settings • Your staff members are professionals, but they are humans too. • Avoid acting explosively or with the intent to demean or embarrass Use your power wisely and humanely • Think before speaking off the cuff, especially in a public setting. Understand that: • Your questions may be perceived as orders or directives • Your offhand comments may be perceived as a stinging rebuke or criticism • Your polite response may be perceived as a promise or commitment or position of the City • Your "jokes" may be perceived as an insult or hurtful comment • Your sharing of your knowledge may be perceived as an attempt to dominate the discussion • Your display of interest in what's going on with non-direct reports may be perceived as a breach of or invitation to breach the chain of command 02/02/2017 9 Use your power wisely and humanely • Be wary of letting Council meetings turn into staff-bashing sessions • Citizens have every right to raise concerns and to be critical about the way City government conducts business • Use the meeting as an opportunity to RECEIVE citizen feedback for appropriate follow-up Seek ways to redirect discussion in more productive directions • Do not join in the staff-bashing, if it's happening! • There is always room for improvement, and there are situations when criticism/feedback are necessary or warranted. But it is also critical to choose the right time, place, and manner when delivering negative feedback or criticism. Use your Manager as a Resource • Use your Manager as a resource to help you do well, and look good while doing it! • Commit to a "no surprises" approach • Avoid "gotcha" or "deer in the headlights" moments by giving an appropriate "heads up" Don't play "stump the staff'! • Blindsiding is counterproductive and hurtful, and doesn't benefit anyone • Nothing wrong with asking for advance assistance in the best time, manner, and approach to raising an issue, and giving staff some research/prep time 02/02/2017 10 Use your Manager as a Resource • Once a matter has been delegated to the Manager/staff, it is now an administrative matter. Let them do their jobs! Individual members should not attempt to undermine, second-guess, contradict, or jump in front of staff on an administrative matter. • If you perceive that an issue is not being handled correctly, it is a matter for the Council as a whole to resolve with the Manager. Use your Manager as a Resource • Keep in mind that the Manager/staff's work is a reflection of YOUR policy directions. Important to keep this in mind, especially if you are new to the governing body and have questions/concerns about prior policy directions • Resist reflexive urge to "clean house" because you are newly elected and want to change policy directions 02/02/2017 11 Liability nexus • Why is this a liability issue? • Public officials have protection from liability when they are within the "scope of employment" -term used in Colorado Governmental Immunity Act • "Scope of employment" means everyone must respect the parameters of your job description • So to the extent you have organizational parameters that include an allocation of responsibilities, those parameters are part of your job description; honoring those parameters will help keep you within the "scope of employment" • Liability coverages also hinge on your being within the scope of your authorized duties • If you are going outside the parameters, you could be outside the scope of your job description ... and outside the scope of your liability protections! • If you're doing management/administration, then who's doing the governance? And what about those who are supposed to be doin the management/administration? What are they doing? Liability nexus • CIRSA's observation: How a governing body interacts with one another and with staff is a great predictor of liability. A dysfunctional governing body inevitably attracts claims. • A governing body that mistreats its own members, staff, or citizens is modeling bad behavior organization-wide. "You know what" rolls downhill! • A governing body that creates or allows chaos in the chain of command is asking for employment claims! • A governing body that is over-involved in administrative matters is straying away from its "job description" as well as its best areas of immunity. 02/02/2017 12 Questions/Discussion? About CIRSA • Colorado Intergovernmental Risk Sharing Agency • Public entity self-insurance pool for property, liability, and workers' compensation coverages • Formed by in 1982 by 18 municipalities pursuant to CML study committee recommendations • Not an insurance company, but an entity created by intergovernmental agreement of our members • Total membership today stands at 266 member municipalities and affiliated legal entities • Out of 271 incorporated municipalities in Colorado: • 81% are members of our PC pool • 45% are members of our WC pool 02/02/2017 13 About CIRSA • Member-owned, member-governed organization • No profit motive -sole motive is to serve our members effectively and responsibly • Have returned over $30,000,000 in contributions to our membership • CIRSA Board made up entirely of municipal officials • Seek to be continually responsive to the liability-related needs of our membership-coverages and associated risk management services, sample publications, training, and consultation services, as well as specialty services such as home rule charter review • We have the largest concentration of liability-related experience and knowledge directly applicable to Colorado municipalities 02/02/2017 14 THE OATH OF OFFICE: ETHICS, LIABILITY, AND BEST PRACTICES by Tami Tanoue, CIRSA General Counsel/Claims Manager A typical oath of office might go as follows: "I solemnly swear or affirm that I will support the Constitution and laws of the United States of America and the State of Colorado, [this Charter,] and the ordinances and other laws of the City!fown, and that I will faithfully perform the duties of the office upon which I am about to enter." With the passage of time since you were elected, does your oath have continuing meaning as an ethical commitment? This article examines the oath as a commitment to best practices in carrying out your responsibilities, and as a path to avoiding liability. We'll focus on four key areas: allocation ofresponsibilities, transparency in meetings, quasi-judicial rules of engagement, and personal conduct. Honoring the Allocation of Responsibilities As in other levels of government, municipal powers and responsibilities are typically allocated among the governing body, judge, staff, and possibly others, according to charter or statutory requirements. Thus, for instance, the governing body is responsible for all legislation, the municipal judge is responsible for determining ordinance violations, and the staff is responsible for administrative matters. To the extent that charter or statutory provisions set forth a clear allocation of responsibilities, respecting that allocation is part of an elected official's oath. Inappropriate involvement in administrative matters, then, could be a violation of your oath. Personnel matters are among those in which inappropriate involvement tends to occur. As an individual elected official, if you are asked by an employee who's not one of your direct reports to become involved in an employment issue, or if you take the initiative to become involved, that could be a red flag in terms of your oath to respect the allocation of responsibilities. From a best practices standpoint, inappropriate involvement in personnel matters can effectively destroy the chain of command. While most municipal offices are not operated according to a military-style chain of command, some version of a chain of command is critical for effective functioning no matter how large, small, formal, or informal your operations are. Once you allow inappropriate involvement to occur, you have effectively disempowered your supervisors and managers throughout the organization, and sent the message that employees are free to disregard the chain of command. Personnel matters are also a high-risk liability area. The more you're personally involved, the more likely it is that your name may some day appear on the wrong end of a lawsuit! So you can see that honoring the allocation of responsibilities by staying out of most personnel matters is a means of avoiding or reducing liability. Honoring Transparency in Meetings In local government, transparency of the governing body in its discussions and decisions is a basic expectation of the citizenry. Citizens take great interest in the goings-on of the governing body, and are quick to notice when their transparency expectations are not met. A perception that governing body members are conducting discussions secretly, that executive sessions are being held for improper purposes, or that decisions are being made in "smoke-filled back rooms," can quickly erode trust and confidence in government. Transparency in meetings means that governing body meetings are open to the public and held only after proper public notice, that executive sessions are strictly limited to the purposes authorized by law, and that Attachment 2 discussions of public issues take place in a meeting setting rather than by email or in hidden locations. Is this part of your oath? Most certainly! The statewide open meetings law applies to all local public bodies, including city councils and boards of trustees. If you're a home rule municipality, there may be charter provisions concerning transparency as well. Is honoring transparency in governing body meetings a best practice? It is, if you want to maintain the public's confidence and trust! Making a commitment to transparency can also help ensure that your municipality doesn't become Exhibit A in an effort to make draconian changes to the open meetings law. You surely don't want to be held up as a bad example in the legislature. It's happened. Is honoring transparency a liability-reducing suggestion? At CIRSA, we've seen our members become involved in litigation over their meeting practices. Based on our experience, the answer to that question is yes. There are watchdogs out there scrutinizing you, and they will pounce on you with a lawsuit if your meetings practices don't pass muster under the law. CIRSA has open meetings/executive session defense cost coverage for member governing bodies, but by honoring the letter and spirit of the open meetings laws, you can avoid costly and potentially embarrassing litigation. Honoring the Quasi-Judicial Rules of Engagement Governing body activities can be pigeonholed broadly into two areas: legislation and quasi-judicial decision- making. The rules of engagement differ depending on which pigeonhole fits. For legislative matters, the rules of engagement are free-wheeling. Think of the legislature when it's in session, and the lobbying that goes on there. But for quasi-judicial matters, the rules of engagement have a basis in constitutional due process requirements: the right to a fair hearing before a neutral decision maker when individual property rights are at stake. No doubt your municipal attorney has discussed the quasi-judicial rules of engagement with you. The attorney is trying to protect the integrity of the hearing process, the defensibility of the outcome, and your prerogative to participate as a decision-maker. These rules of engagement include: • You will follow the applicable legal criteria, and apply those criteria to the evidence you hear at the hearing, to arrive at your decision. • You will refrain from "ex parte" or "outside the hearing" contacts regarding a pending quasi-judicial matter. • You will not participate in decision-making in a quasi-judicial matter in which you have a conflict of interest. These rules flow from constitutional due process requirements, so they are most certainly a part of your oath. Following these rules is also a way to avoid or reduce liability. In quasi-judicial matters, the process by which you arrive at a decision is at least as important as the substance of the decision itself. If you've ensured that the process is letter-perfect, then you have eliminated a huge portion of the possible quarrels that could turn into a claim. And it's a best practice, because following the rules of engagement will enhance the reality and the perception that all who come before you with quasi-judicial matters will be treated fairly. Honoring Standards of Personal Conduct The way you conduct yourself in relation to other members of the body, staff, and the community, greatly impacts your effectiveness as an elected official. No matter where you are on the political spectrum, you can probably agree that politics today are infected with divisiveness and incivility. Municipal government being non-partisan, its elected officials should, at least in theory, be able to rise above the nastiness of partisan politics! With respect to the governing body, do all members understand that governance is a team activity? An individual elected official does not have the power to accomplish anything on his or her own. Only through collaboration and consensus-building can an individual's priority become the priority of the body. Has the governing body been able to "gel" as a team, or are members viewing one another with a sense of distrust? Are there "outliers" on the council or board who are creating turmoil and dissension? (See the Spring 2012 issue of Coverage Line for an article on identifying and dealing with "outliers.") Are you lining up along the same divisions on every issue? Are you unable to disagree without being disagreeable? Perhaps some team building is in order if these things are happening. With respect to staff, is an incoming council or board viewing staff as the "enemy"? A staff exists to carry out the goals set by the governing body. Sometimes, with the changing of the guard at the governing body level, there's an assumption that there needs to be a changing of the guard at the staff level, too. But if this staff faithfully carried out the goals of the prior governing body, why wouldn't you expect that they will be equally able and willing to carry out the goals of the new body? With respect to the community, are public comment periods turning into "public inquisition" or "public argument" periods? Is "staff bashing" or "elected official bashing" happening at meetings? Perhaps another look at your rules of order, and your approach to meetings, would be appropriate. Certainly the public has every right to appear at meetings and make complaints. It's a sign of faith in local government that people care enough to complain! But the manner in which those complaints are made, and the manner in which you respond, can mean the difference between a constructive, productive exchange or a nasty, embarrassing, unproductive, or morale-crushing attack. Is the observance of personal conduct standards part of your oath? At least arguably, yes. After all, when lawyers take their oath of office, they commit to respectful conduct towards one another and to the judiciary. It doesn't seem a far stretch to impute a similar commitment to your oath. Is it a best practice to observe personal conduct standards? It certainly seems so. Maintaining harmonious and productive working relationships with your fellow elected officials, staff, and the public can only increase your effectiveness. And keep in mind that harmony doesn't mean you all have to agree all the time. Indeed, healthy discussion, debate, and disagreement are the engine for understanding issues and solving problems. But the idea of disagreeing without being disagreeable is important to keep in mind. Does the observance of personal conduct standards help with liability reduction? We think so. In CIRSA's experience, turmoil at the top levels of the municipality means turmoil throughout the organization. After all, you-know-what rolls downhill. Over and over, we've seen that disharmony and dysfunction at the top means claims throughout the organization. Conclusion Honoring your oath of office isn't just something you do when your raise your right hand at the beginning of your term. You can look at just about any arena in which you operate as an elected official, and ask yourself, "What did I commit to do when I took my oath?" By asking and answering this question, you can stay on the path of best practices, and avoid or reduce personal liability. Editor's note: The foregoing article is excerpted.from a presentation by Tami Tanoue at the June, 2012 Colorado Municipal League Annual Conference. CIRSA member governing bodies interested in a presentation of this topic at a governing body meeting or study session are welcome to contact Tami at CIRSA. NINE PRACTICES OF HIGHLY INEFFECTIVE COUNCILS AND BOARDS by Tami Tanoue, CIRSA General Counsel/Claims Manager Recently, CIRSA management staff became acquainted with John Carver's Policy Governance® model (Model) for boards of public and nonprofit bodies. This month's column provides some observations about the tough job of governing body members, and some of the ways in which a council or board can allow its effectiveness to be diminished or compromised. To understand the Model, how it works, and how it is implemented, Carver's book, Boards That Make a Difference: A New Design for Leadership in Nonprofit and Public Organizations (3rd ed. 2006), is highly recommended reading. For those who've labored in local government for any length of time, Boards That Make a Difference will provide some laugh-out-loud moments of self-recognition. It describes a number of common practices that are a drain on the effectiveness of the governing body and a source of frustration for both the body's members and the staff who serve it. Do Any of These Practices Ring a Bell? Spending time on the trivial. As the author describes it, "Major program issues go unresolved while boards conscientiously grapple with some small detail." How many times have you gotten mired in the tiniest detail of a purchasing decision, or the proposed budget? Foreshortened time horizons. The board's decision-making time horizons should be the most distant of anyone in the organization. Yet, as Carver says, "we find boards dealing mainly with the near term and, even more bizarre, with the past." How many times have the pennies spent in the prior months, as reflected in the "bills for approval" portion of the agenda, received undue attention at your meeting? Reactive rather than proactive stance. Is the idea that the board should make proactive decisions, rather than merely react to staff initiatives, completely foreign? Would, as the author says, your board "cease to function" ifit were asked to create its own agenda? Going over what the staff has already done: "Reviewing, rehashing, redoing," is what the author calls it. Some boards spend a great deal of their time going over what the staff has already done. But as the author says, "reviewing, rehashing, and redoing staff work-no matter how well-do not constitute leadership"! Problem-based prescriptions. If you prescribe a specific solution based on the details of a specific problem that has occurred in the past, you may wind up with a "pendulum swing" that creates unintended consequences in the future. As Carver says, "Correcting insufficiencies by looking backward at what they have been simply invites the next, perhaps opposite error. It is like trying to drive down the highway with a firm grip on the rearview mirror." Accountability being allowed to leak. Have you established a Cityff own Manager or Administrator position? If so, great! But are you still continuing to encourage or allow council/board member interactions with subordinate staff, or subordinate staff members to bypass their supervisors and directly go to council/board members with their issues or complaints? If so, you may be keeping the Manager/ Administrator from being able to do his or her job, or you may be interfering in such a manner that you can no longer credibly hold him or her accountable for performance. Diffuse authority. When the governing body's and staff's respective areas of responsibility are not clearly delineated, the staff's knee-jerk response for every issue in a gray area may be, "Let's take it to the council." If you allow this, you'll continually increase your own workload without ever clarifying the appropriate boundaries between council/board governance and staff decisions. Attachment 3 The "Approval Syndrome." Does your agenda call for the governing body's approval of documents containing a multitude of paralyzing details (line item budgets, detailed personnel and administrative policies, job descriptions, etc.)? How does this make you feel? The document has already been created, and you're just reacting to it. Then, to avoid feeling like "rubber stamps," board members may start nitpicking. But as the author says, "no matter how much intelligence goes into playing this reactive role, it is clearly not leadership." Moreover, by its approval, the board has been co-opted into assuming ownership of the document, and staff is let off the hook in terms of accountability for the results expected from the document! The "seductive intrigue of organizational activity." You know how, when you're faced with a huge project, sometimes the easiest way to procrastinate is to divert your attention to desk-cleaning or some other trivial task? That's the "seductive intrigue" that can pull you into involvement in the organization's internal minutiae. It can be a heck of a lot easier to divert your attention to those details than to grapple with the big issues involved in governing your entity. But governance shouldn't be about bringing the council/board more knowledgeably into the process of administration. A governing body need not and should not tag along behind management, or try to become "superstaff' in a "conscientious attempt to tag along more professionally." You've got grander things to do as the governing body! So What's The Answer? Well, no doubt John Carver would say, "Adopt and implement my Model!" Of course, that will require time and effort, an unswerving commitment, and probably the help of a Policy Governance® consultant. In the meantime, here are a few suggestions from Boards That Make a Difference to ponder. • View yourselves as an extension downward from ownership, rather than an extension upward from management. As mentioned, your job is not to be "superstaff," much less "supermanagement." As the representative body for the citizens-the true "owners" of the community-your job is to exercise ethical and trusteeship responsibilities on behalf of the ownership. Viewed in that light, it becomes apparent that neither the championing of management decisions, nor substituting your judgment for that of staff, are part of those responsibilities. To be true leaders, you need to "develop a taste for the grand expanse of the larger context," as Carver says. • You determine the "ends." Leave the "means" to the staff. It's important to read Boards That Make a Difference in order to understand fully what Carver means by "ends." Briefly, "ends" are the results or outcome to be obtained or the impact to be made, for whom, and at what cost or relative worth. You could call the "ends" the "what and the why." Everything else falls into "means," or the "how." Once you determine the "ends," give staff the latitude to determine the "means." After all, they were hired for their skill and expertise in means, weren't they? Aren't they in the best position to determine the means? If the governing body becomes involved in means, you may be simultaneously impairing your staffs ability to exercise their best judgment, and crippling your ability to hold them accountable for the achievement of the ends. Who's to blame if you dictated the "how" and the result was a shortfall in achieving the "what"? • Set appropriate boundaries on the "means." Leaving the means to staff doesn't mean unbridled discretion. We all know that there's a limit to the idea that ''the ends justify the means." Carver maintains that the governing body's legitimate involvement in means is to prohibit any means that are imprudent or unethical. But the way to do that is not with a set of prescriptions -what must be done. Rather, the right way to do that is with proscriptions -what must not be done. Why? Well, there aren't enough hours in the day or enough specialized knowledge on the board to define all the things that must be done. But the board certainly has a legal, moral, and ethical compass. That's why defining what's prohibited as imprudent or unethical is a more effective and efficient means of putting a boundary past which means cannot go. • Govern yourself before governing others. Carver recommends that the governing body take the time to design and codify its own processes, including a board member code of conduct. One of the many helpful examples in Boards That Make a Difference is a sample code of conduct. Anyone who's experienced dysfunctional behavior within a governing body knows that negative interpersonal dynamics can destroy the governing body's effectiveness as well as its credibility with its constituents. But how can a board deal with inappropriate behavior among its own if it hasn't first determined what constitutes appropriate behavior? With a sound and mutually agreed process, personality need not become the dominant force in shaping issues and dealing with disagreements and confrontations. What's This Have to do with Liability Anyway? Since this is a CIRSA Coverage Line article, you may be wondering what linkage to liability issues justifies its existence on these pages. Well, it's easy to see that the problems identified by Carver as obstacles to good governance are also problems that can lead to increased liability for elected officials. For instance, if your role in relation to staffs is unclear, how are you or staff going to know what is within the scope of your authority and what is within the scope of theirs? Falling outside the scope of your lawful authority is one of the sure ways to lose your liability protections. And it follows that Carver's approach to good governance also provides excellent risk management suggestions. Both board and staff can flourish within their respective spheres of authority without stepping on one another, maintain appropriate accountability, and ensure that the work of the public entity will be carried out within the boundaries of prudence and ethics. Conclusion This article has pulled out bits, albeit helpful bits, of Boards That Make a Difference for you to consider. Reading the book is highly recommended, because the Model really makes the most sense when viewed in its entirety. GOVERNING BODY AND STAFF RELATIONS by Tami Tanoue, CIRSA General Cowisel/Claims Manager The municipal governing body's staff, particularly your manager/administrator, is one of your key resources in carrying out the work of governance. Here are some suggestions for maximizing the use of this valuable resource while reducing the risk of liability. Reduce Your Involvement In Administrative Matters If your mwiicipality has a manager or administrator format in place, you are fortunate. Many municipalities are still aspiring to achieve this format. Don't squander this resource, then, by over-involving yourselves in administrative matters. A manager/administrator format frees up the governing body to do its most important work: envisioning and creating a great future for the commwiity. These visionary, forward-looking, long-range functions cannot be undertaken by anyone else. The more your attention is diverted to administrative details, the greater the likelihood that the "big picture" will go unattended. Focus your time and energy on the vision, the priorities, and the overall goals for the municipality, and leave the details of execution to your manager/administrator and staff. Speak With One Voice It's a basic tenet of any well-rwi organization that every position should report to one boss. How is this tenet carried out for the manager/administrator position, when there are seven (or more) people to whom that position is accountable? For the manager/administrator and the governing body relationship to be workable, the members of the governing body may discuss and debate with many voices, but must decide as one. Once a direction has been determined by the body as a whole, it's time for all members to get behind the decision, even those who may have been on the losing side of a vote. Resolve to speak with ONE voice once the discussion and debate are over. That means the burden must be on the governing body to sort out and reconcile the goals of seven different people, and to establish a singular set of goals, priorities, and directions for the manager/administrator. Otherwise, the manager/administrator will be in the untenable position of trying to figure out a direction from a cacophony of voices. Respect The Chain Of Command Another tenet of every effectively functioning organization is the chain of command. Ideally, the manager/administrator is the single point of contact between the governing body and the rest of the municipal staff (except for any other "direct reports" to the governing body). Each position below the level of the manager/administrator reports to a single supervisor or department head, all the way up the chain of command. Of course, in most entities, the chain of command will not be in place with military-style precision; and there may be some matters (such as harassment complaints) where strict adherence to a chain of command is not necessarily appropriate. By and large, though, this administrative structure enhances accowitability and increases efficiency. Sometimes, a breach in the chain of command occurs by the actions of one or more elected officials who choose to bypass the manager/administrator and deal directly with personnel lower in the chain of command. Other times, a breach occurs because subordinate personnel want to bypass their own supervisor or the manager/administrator and pull an elected official into their personnel issues. But either way, once the chain of command is breached, the resulting disruption to the organization can be severe and long-lasting. Attachment 4 If the chain of command is not respected, the manager/administrator and other supervisory personnel are disempowered. Why even have a manager/administrator ifhe or she can simply be bypassed? It's a step away from an administrative structure that's still coveted by many communities, and a waste of the resources that have been committed to that structure. So respect the chain of command, particularly where personnel matters are concerned. Make sure you stick to the "big picture" issues and those issues that involve the level of your direct reports, not others below that level. Personnel matters are among the highest-risk liability areas, so empowering your staff to deal appropriately with those matters is a risk management suggestion for you! Use Your Powers Wisely And Humanely Remember when municipal leaders used to be called the "City Fathers"? In this age, the more apt term may be the "ultimate parental authority figures of the community." As municipal leaders, you possess both actual powers and perceived powers. In the area of perceived powers, the tone you set in your interactions, particularly in public, carries heavy weight. If your interactions with one another, the public, or the staff are distrustful, disrespectful, demeaning, negative, etc., you can be assured that that tone is permeating the entire municipality. So be very careful how you use that perceived power. Discussion, debate, and even disagreement are a healthy part of the decision-making process. But make sure that your discussions are carried out in a respectful way. Use courtesy and tact in your interactions, particularly in public settings. And keep in mind that your staff members are professionals, but they're humans, too! Because of the perceived power behind your statements, something that you say casually may be given great weight, or may have the power to hurt. Don't participate in or allow staff-bashing in public settings; look for ways to focus on the issue rather than people or personalities. Be mindful of the appropriate time and setting for delivering negative feedback. View Your Manager/Administrator As A Resource This final suggestion -to view your manager/administrator as a resource to you -seems self-evident. But sometimes, an incoming group of elected officials will choose to view the manager/administrator and staff as the "enemy." Why? Perhaps it's because they served the outgoing elected officials loyally. But does that make them the "enemy"? Doesn't that mean they have the ability and desire to serve the new group loyally as well? So resist the urge to "clean house" reflexively just because you're newly elected and want to change directions. Commit to a "no surprises" approach when working with your manager/administrator. It benefits no one to play the "gotcha" game at a public meeting. "Stump the staff' may seem like a fun sport, but it's unproductive. There's nothing wrong with giving a "heads up" to the manager/administrator on issues that may be of concern to you, or asking for thoughts in advance about something you may want to raise at a governing body meeting. That's how you use the manager/administrator as a resource to help you do well, and look good while doing it ... a win-win situation! Conclusion The municipality wins when there's a great partnership between the governing body and the manager/administrator and staff. By following these suggestions, you'll foster an environment to create the best possible future for your community. GOVERNING BODIES AND THE OUTLIER SYNDROME by Tami Tanoue, CIRSA General Counsel/Claims Manager I've been working with municipalities and their governing bodies for almost three decades now. Over the years, I've repeatedly observed a phenomenon that I've finally put a name to: The Outlier Syndrome1• The Outlier is the "lone wolf' who sits on a city council or board of trustees and steadfastly refuses to act like a member of the team. Even while isolating himself or herself as the only person on the losing side of just about every vote, the Outlier manages to create havoc with the rest of the body. The Outlier may be obstreperous and obstructionist. The Outlier may refuse to recognize and respect the norms that guide the rest of the body's conduct. The Outlier may position himself or herself as the only "ethical" or ''transparent" member of the body. The Outlier's every statement and action seems to be aimed at preserving that self- assumed distinction rather than making any concrete achievements. Sometimes, a governing body is unfortunate enough to have more than one Outlier. Have you ever experienced the Outlier Syndrome in action? I call it a syndrome because of the recognizable features or symptoms that seem to fester whenever an Outlier sits on a governing body. Do you have an Outlier on your governing body? Could you possibly be an Outlier? Should the Outlier Syndrome be viewed as an affliction or malady? And if so, what can be done? We'll explore these questions below. Power, Goals, and the Outlier To understand the Outlier's impact on a governing body, let's start with the idea that elected officials can only act as part of a body-a collaborative decision-making body. You can search throughout the laws governing statutory municipalities, or just about any home rule charter, and you'll likely find no powers or duties that are to be exercised by a singular elected official (other than the mayor, who may have certain defined responsibilities). This means that, as elected officials, the only way you can get anything accomplished is to have a majority of the governing body on your side. It's likely that each elected official has an individual list of goals, goals that those who voted for you want you to accomplish. But your goals can be accomplished only if they're part of the goals of the body as a whole. That means your success depends on creating a consensus of the majority! And where does the Outlier fit in on a collaborative decision-making body? Why, nowhere! Perpetually being on the losing side of a vote means that the Outlier gets nowhere on his or her goals ... unless, of course, he or she feels that being an Outlier is its own reward. Are you an Outlier? I met my share of Outliers during my decades as a municipal attorney. It's my observation that they tended to share one or more of these characteristics: • There was an element of the lone crusader in them. They felt they were elected to shake up the status quo in some way. Maybe they thought their predecessors were too cozy with developers, not friendly enough with the business community, too close to the municipality's staff, not close enough to the municipality's staff, etc. • They viewed themselves as independent thinkers. They were often highly intelligent, but not "people persons." In kindergarten, their report cards might have reflected a poor score on "plays well with others." • They took a perverse glee in being the "outsider," relished arguments for argument's sake, and placed little value on matters like courtesy and regard for the feelings of others. • They hated having to endure "soft" discussions such as a council or board retreat, the establishment of a mission or vision statement, the development of consensus around rules of procedure or rules of conduct, a session to discuss goals and priorities, or a CIRSA liability training session2• Attachment 5 • They felt they were always right, and everyone else was always wrong. They felt they were always ethical, and everyone else was not. They felt they were looking out for the citizens, and everyone else was not2• • Initially, they may just have been unfamiliar with the ways of local government, and needed to build the skills to work effectively in a new environment. One or more gaffes may have caused them to be pegged as Outliers and treated accordingly, initiating an unhealthy Outlier dynamic. • There may have been some explosive moments in private or public with the Outlier's colleagues, or indeed, the colleagues may have made some attempt at an "intervention." These observations may or may not be totally on the mark. But one characteristic of the Outlier cannot be denied: he or she is seldom on the prevailing side of a vote, and is often at loggerheads with the rest of the body. Do you think you may be an Outlier? If so, you might examine what your goals as an elected official really are. Do you want to have a list of concrete accomplishments at the end of your term? Or will it be accomplishment enough to have been the "loyal opposition"? If the former, then your behavior may be working at cross- purposes with your goals. If the latter, really? Will the people who voted for you be satisfied with that accomplishment? Will you? Is the Outlier a Problem for the Rest of the Body? For the Municipality? I would say that yes, the Outlier is a problem! How? Well, here are some ways: • Anger and frustration build when a council or board has to deal with an Outlier, siphoning away energy that could be spent on more positive endeavors. This is a particular problem if tensions have built to the point that confrontations have begun to occur. No reasonable person wants to attend or view a council meeting and have a hockey game break out! It may be entertaining, but mostly, it's embarrassing to the governing body and to the community. • Healthy teams seek to build a sense of camaraderie and cohesiveness. That's not entirely possible when there's an Outlier. It's not healthy to build a team around a shared hatred of one of its own members, and most reasonable people would prefer not to have that happen. • The Outlier's perspective tends to be oppositional. From a liability standpoint, such a perspective is risky. If you're taking positions on an oppositional basis, are you really meeting your fiduciary duty to look out for the best interests of the entity? • A disharmonious governing body is a dysfunctional governing body. It's been CIRSA's experience that liability claims thrive in an environment of disharmony and dysfunction. • Your staff members are affected by the Outlier Syndrome, too. From the staff's perspective, seeing dysfunction on the governing body is a little like watching discord between one's own parents. It's unsettling, distressing, and morale-crushing. • Most importantly, it's a shame for the governing body to lose a potentially valuable contributing member. In a worst case scenario, the Outlier becomes completely disempowered as he or she is ignored and marginalized. But this means that the body isn't running on all cylinders, and is deprived of the valuable perspectives that the Outlier might otherwise bring. Ultimately, the voters, and the community, are the losers. Dealing with the Outlier Syndrome You can't cure an affliction until you recognize it. And you can't recognize what you haven't named and defined. If your municipality is afflicted with Outlier Syndrome, you've taken the first steps towards a cure by naming, defining, and recognizing it! Here are some other steps you might consider. • Confront the issue forthrightly and compassionately in a neutral environment. I would say that a council or board meeting is not a neutral environment! Perhaps the matter could be discussed as one item on a retreat agenda. Be prepared with specific examples of how the Outlier has negatively impacted the body. • Consider addressing the issue in the context of a larger discussion about governing body rules of procedure or rules of conduct. The "norms" that guide members' interactions with one another may be obvious to some but not all, especially to newer members. Those norms could be part of the discussion, and the process of articulating them can facilitate a consensus to honor them. • Consider bringing in an outside facilitator to assist you. A governing body is a bit like a marriage that's been arranged for you by the citizens! There's nothing wrong with getting some outside help for perspective and to find solutions. If you think you might have the Outlier label pinned on you, consider these suggestions: • First, get a reality check. Find out how you're being perceived by your peers. It may be very different from your own perception of yourself. Ask each of your colleagues to give you a frank assessment. • Check your motivations. If you have concrete goals you want to accomplish as an elected official, you must accept that success in your position can't happen without collaboration and consensus building. There is nothing that you can accomplish alone. So set a goal to be on the "prevailing" side .. .indeed to bring others over to establish a "prevailing" side. • If you've already burned some bridges, understand that consensus-building can't happen without mutual trust, respect, and a sense of cohesion. These will take time to build. Look for a retreat or other opportunities to clear the air and start fresh. • Use staff as a resource! Your manager or administrator wants nothing more than to assist newly elected officials in learning the ropes, and understanding the best time, place, and approach to raising issues. Don't get off on the wrong foot with blunders that might peg you as an Outlier. What if all efforts to deal with the Outlier Syndrome fail? Well, it might be time for the rest of the governing body to cut its losses and move on. Don't continue to agonize over the Outlier and his or her impact on the body's functioning. Continue to accord the Outlier the same opportunities to participate in discussion and decision-making as any other member, but don't allow the Outlier to keep pushing your buttons. Remember, arguments and confrontations require more than one participant. You may need to simply say "thank you" or move on to the next point of discussion. Ultimately, the responsibility for putting an Outlier into office rests with the citizens, so there's only so much you can do. Try to go about your business without having the Outlier become the dysfunctional center around which the rest of you swirl. Conclusion I'm not suggesting that governing body members all have to be in lockstep, or think and behave in the same way. On the contrary, diversity of thinking, styles, opinions, experiences, and approaches are healthy and necessary for a collaborative decision-making body. There is truly a collective wisdom that comes forth when many diverse minds work together on common goals. But the Outlier Syndrome is detrimental to a high- functioning governing body, and therefore, to the community. If your governing body is afflicted with the Outlier Syndrome, it's time to do something about it! As always, CIRSA members are welcome to contact us if we can be of assistance. 1 Any and all persons described in this article are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. 2 Sometimes, I'm called to a CIRSA member municipality to do a training session because the governing body is having issues with an Outlier. I can usually figure out who the Outlier is because he's rolling his eyes at me, her eyes are glued to a smartphone or iPad, or he's the only no-show. Jff!/rl'L 4. "I< A~ ... _ .. City of • ·~Wheat&_dge ~OFFICE OF THE 01Y MANAGER Memorandum TO: Mayor and Members of City Council THROUGH: Patrick Goff, City Manager Heather Geyer, Administrative Services Director FROM: Carolyn Lorentz, Assistant to the City Manager DATE: February 6, 2017 SUBJECT: 2017 Annual Legislative Forum The 2017 Legislative Forum is on Monday, February 6, 2017 at City Hall in the City Council Chambers at 7:30 p.m. The Legislative Forum is an opportunity for our elected officials to discuss their legislative priorities, current legislation and Wheat Ridge positions/priorities for the session. Both Senator Cheri Jahn and Representative Jessie Danielson have confirmed their attendance. Colorado Municipal League Deputy Director Kevin Bommer will also attend and be available to answer questions. Abrusci's will serve a dinner buffet at 7:30 pm in the Lobby Conference Room. If you have any questions, please do not hesitate to contact me at 303.235.2867. /cl ·~ ~ityof Wheat~ge City of Wheat Ridge Annual Legislative Forum Agenda February 6, 2017 Wheat Ridge City Hall Council Chambers 7:30 p.m. Dinner 7:30 p.m. Welcome: Mayor Joyce Jay Introductions Councilmembers Monica Duran and Zachary Urban CML Policy Committee 2017 Legislative Session Preview: Senator Cheri Jahn Representative Jessie Danielson Discussion of Priority Legislative Issues: CML Deputy Director Kevin Boomer -Construction Defects -Taxation -Urban Renewal Closing Remarks: Mayor Joyce Jay "Keeping Local Control Local and Home Rule At Home" "~~" ~,~ WhCityof rlrr. £' eatRi_%e 2017 Legislative Forum I~ 2017 LEGISLATIVE PRIORITIES OF CITIES & TO WNS LOCAL CONTROL & HOME RULE The Colorado, Municipal League is a strong advocate for the state's tradition of local control and home rule, which allow cities and towns the maximum flexibility and discretion in municipal finance, implementation of local policy, and delivery of public services. Local control should remain local and home rule should stay at home. Neither should be centralized at the Statehouse. Municipal government is the cornerstone of good government in Colorado, and we value the partnership that exists with state and federal officials. The citizens who municipal officials represent are the same citizens who legislators represent. The policies legislators enact affecting municipalities must be implemented by municipal leaders and local taxpayers. To maintain the strength of this partnership, CML urges legislators to consider the impacts of decisions on the municipalities in their respective districts. AFFORDABLE HOUSING CML, as it has done in the past, will continue to support the preservation of the Affordable Housing Grants and Loans line items within the Division of Housing in the Department of Local Affairs. BROADBAND With voters in 65 municipalities and 27 counties having overwhelmingly voted to exempt themselves from the requirements of SB 05-152, CML would support repealing this unnecessary hurdle to bringing fast, reliable broadband to areas of the state where the private sector has not made it available. CONSTRUCTION DEFECTS CML will support legislation that provides a statewide solution for the issue of construction defects. We support any legislation that will promote the construction of owner-occupied attached housing while maintaining the local control of municipalities that have adopted their own ordinances. FISCAL FAIR PLAY In 2016, CML attempted to address an inequity in the statutes through legislation addressing a county's unilateral authority to reduce the municipal share of road & bridge property taxes without a voice in the process or a seat at the table. Counties opposed even a notice and consultation provision. CML supports continued efforts to ensure fair distribution of badly needed municipal road and bridge dollars. MARIJUANA CML supports legislation creating an opt- in provision for private marijuana clubs and creating a statewide minimum definition of "open & public consumption." CML always supports maximum local control of medical and recreational marijuana issues. CML believes significant additional state resources and personnel are needed to mitigate the impact on local law enforcement of gray and black market marijuana activity. CML will oppose any legislation that changes compromises on local special excise taxation and supports barring counties from collecting a special sales tax from within a municipality without consultation and an intergovernmental agreement. MUNICIPAL COURTS After the adoption of HB 16-1309, which mandated defense counsel at first appearance in certain municipal cases, CML worked with the Office of the Governor to fund the state mandate through the Office of the State Public Defender. CML will support a program for municipalities to utilize the state public defender at local discretion. Restorative justice has proven to be an important tool to reduce recidivism in the state criminal justice system. CML supports state assistance for municipal courts to expand their use of restorative justice. OIL AND GAS CML recognizes the cooperation between the Colorado Oil & Gas Conservation Commission, industry, and municipal interests. We urge the General Assembly to resist preemptions upon traditional municipal authority, and where such authority may need clarification, we look forward to working with the General Assembly. PUBLIC SAFETY CML will support the preservation of the Wildfire Risk Reduction Grant Program that currently provides much needed funding to local governments, nonprofits, and homeowners' associations for the mitigation of flammable materials in residential communities. SEVERANCE TAX & FEDERAL MINERAL LEASE CML opposes reductions of severance tax and federal mineral lease revenue to municipalities and opposes the appropriation of local governments' energy impact or direct distribution revenue to finance state programs and administrative costs of state government. TAX AUTHORITY On average, more than 70 percent of municipal tax revenues are derived from sales and use taxes. CML discourages state sales tax exemptions that negatively impact statutory municipalities and cities without any local input. CML supports the state as a partner with the business community and municipalities that self- collect their sales and use taxes, but efforts to simplify local sales tax cannot be addressed by state legislation and cannot undermine constitutionally granted municipal home rule authority. Property taxes are important to municipal governments as well. Proposals in the General Assembly to alter the property tax base, most notably by eliminating the business personal property tax, must be "back-filled" by the state, otherwise local government tax revenues will be reduced significantly. TRANSPORTATION Colorado's transportation system of roadways and transit is a state and local network vital to Colorado's future. Municipal officials support increased state transportation and transit funding that includes the return of an equitable portion of new revenue to cities, towns, and counties. A statewide solution includes planning and funding for all public roads, not just state highways. URBAN RENEWAL AND DOWNTOWN DEVELOPMENT CML supports continued repair to ambiguous language added to urban renewal statutes in 2015 that is impairing urban renewal. CML will oppose any legislation that would similarly do damage to the ability of downtown development authorities to function properly. WORKERS COMPENSATION CML would not oppose reasonable reform to the workers compensation statutes to address issues of post traumatic stress disorder (PTSD) in public safety employees. Cfvll would support the development of a statewide employee assistance program (EAP) for public safety employees that do not otherwise have access to one. JW~l The Voice of Color.tido's Cltte~ and 'fowns THE VOICE OF COLORADO CITIES & TOWNS The Colorado Municipal League (CML) is a nonprofit, nonpartisan organization that has served and represented Colorado's cities and towns since 1923. As such, CML is a reliable source of information about legislative issues and their impact on Colorado's cities and towns and their residents. 268 cities and towns are members of the League, and policies are determined by members though the CML Policy Committee and the CML Executive Board. FOR MORE INFORMATION COLORADO MUNICIPAL LEAGUE 1144 Sherman Street, Denver, CO 80203 (p) 303-831-64111866-578-0936. (f) 303-860-8175 www.cml.org QUESTIONS ABOUT MUNICIPAL POLICY? CML employs four full-time advocates to assist in development and communication of policies. They closely watch proposed legislation and work with legislators to understand municipal impacts. KEVIN BOMMER Deputy Director kbommer@cml.org DIANNE CRISWELL Legislative & Policy Advocate dcriswell@cml.org MORGAN CULLEN Legislative & Policy Advocate mcullen@cml.org MEGHAN DOLLAR Legislative & Policy Advocate mdollar@cml.org About the CML policy statement Colorado Municipal League 1144 Sherman Street Denver, CO 80203 303-831-6411 I 866-578-0936 www.cml.org CML supports cooperation among local, state, and federal officials to provide a strong partnership with Colorado's cities and towns. CML employs a dedicated advocacy team, a reliable source of infonnation about legislative issues and their impact on Colorado's cities and towns and their residents. The CML Policy Statement has evolved throughout the history of CML and guides the CML Executive Board, committees, and advocacy team during the legislative session and throughout the year. The CML Policy Committee, which is open to representation from each municipal member and CML section, is charged with developing policy recommendations and proposing amendments to the Policy Statement. During the business meeting (held each year at the CML Annual Conference), CML members consider any recommendations and adopt the Policy Statement for the next year. The CML Policy Statement consists of several major policy items, but is not all inclusive. When legislation or policy issues are considered, the CML staff, Policy Committee, and Executive Board look first to the Policy Statement to develop recommendations and formal positions. If a specific issue is not found within the Policy Statement, then the Policy Committee and the Executive Board will consider and establish a CML position, if any. We welcome input and suggestions from members on CML policy and positions. We remain proud to be your source for advocacy, information, and training. · If you have questions or comments about CML policies, please contact Kevin Bommer, legislative advocacy manager, at kbommer@cml.org, 303-831-6411, or866-578-8175. Local control and municipal home rule In order to consider local conditions and address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine home rule and local control. Therefore, the League: • Urges state and federal officials to respect Colorado's tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. • Urges congress and the executive branch to respect the roles and responsibilities of states and local governments and similarly urges state officials to avoid preempting local authority. • Supports state enabling legislation that provides municipalities with authority and flexibility to address local needs. • Recognizes the desire of the citizens statewide and in many local communities, with adoption of a constitutional amendment in 1902 and expanded amendments approved in 1912 and 1970, to establish municipal home rule and opposes state action that attempts to weaken home rule authority and flexibility. Intergovernmental cooperation Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Therefore, the League: • Supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems. State and federal mandates Programs and regulations mandated by the state or federal government stretch the financial resources of municipalities. These costs, if not paid by the state or federal government, prevent municipalities from fulfilling local needs and priorities. Therefore, the League: • Opposes unfunded state and federal mandates that impose financial burdens on municipalities and their citizens. • Supports the statutory requirement for the General Assembly and Congress to reimburse municipalities for the cost of state mandates, and to make clearer this requirement in state fiscal notes prepared for the General Assembly and Congress. State fiscal fair play Municipal finances are closely interrelated with state finances and policies. State adherence to fiscal fair play policies will greatly help municipalities and their citizens. Therefore, the League: • Supports appropriate action to address the state and local financial crises caused by the interaction of various constitutional amendments and the economy. • Supports continued state sharing with municipalities of equitable portions of existing and future revenues derived from traditional state-collected, municipally-shared sources. • Urges the state to avoid or exercise restraint in relying on fees, charges and other cash funding of programs that affect municipalities, especially in the areas of technical assistance, in programs where municipal participation is mandated by state law, and in regulatory programs that affect municipalities. • Opposes state granted exemptions or other state actions that erode municipal sales, use, property and other revenues unless the state provides adequate replacement revenues. • Opposes disproportionate cuts in state programs that benefit municipalities. • Opposes the state utilizing local funds or requiring local governments to collect state revenues in order to fund state programs. Sales and use taxes The primary revenue sources for municipalities are local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should preserve or enhance these local revenues. Therefore, the League: • Supports retention of authority for all municipalities to set local tax rates and for home rule municipalities to collect their own taxes and determine their own tax base. • Supports broadening the state sales and use tax base. • Supports appropriate legislation or court action allowing state and local governments to require businesses to collect state and local sales and use taxes on remote sales. • Supports cooperative efforts among municipalities to standardize municipal sales and use tax practices and utilization of technology for the convenience of taxpayers, the business community, and municipalities. • Opposes further reductions in the state and local sales and use tax base. • Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. Miscellaneous finance issues Capital financing The League: • Opposes any efforts to abolish or impair the effectiveness of the municipal bond interest exemption. • Supports enhancement of municipalities' flexibility to finance public projects economically and efficiently. Double taxation The League supports state legislation and local practices that eliminate the financial inequities created by the imposition of taxes on municipal residents for county services that are provided primarily or solely to residents in unincorporated areas. Federal policies The League: • Supports distribution of federal funds to municipal governments with a minimum of red tape and without excessive diversion at the federal and state levels. • Supports establishment of advisory committees comprised of local government officials to ensure ongoing local input on state assumption and administration of federal programs that affect local governments. • Supports continued funding of the Community Development Block Grant program. • Supports continued direct funding of federal housing programs. • Supports funding the Energy Block Grant program. • Supports repeal of the Davis-Bacon Act or revisions thereto, including raising the project exemption amount, to eliminate wasteful red tape and enable state and local governments to stretch tax dollars for public works projects. • Supports repeal or revisions in the application of the Fair Labor Standards Act to local governments to avoid the Act's costly and burdensome impacts on local government operations. • Encourages recognition of Colorado's unique economic, social and physical characteristics when federal action affects programs or projects of local concern. • Opposes the direct or indirect taxation of the activities and operations of municipal government. • Opposes tax reform proposals that would exacerbate the federal deficit, increase the cost of municipal capital investment, interfere with traditional state and local tax systems or preempt the deductibility of state and local taxes. • Opposes the denial of funds based upon a state's or municipality's failure to meet requirements of an unrelated program or because of factors beyond the control of the state or municipality. • Opposes cuts in federal programs that disproportionately affect municipalities. • Opposes imposition of federal standards upon local government operations and employees that do not apply equally to federal and state government operations and employees. • Opposes the sale of federal lands to finance federal programs without local input. Consolidation of governments The League supports voluntary consolidation of local government entities and services by mutual agreement. Criminal justice The League: • Supports state-and community-based intervention, prevention and rehabilitation programs and state initiatives that respect the key role of communities and local government officials. • Supports ensuring that municipal governments retain flexibility in implementing federal and state criminal justice programs. • Opposes state preemption of municipal authority to regulate firearms within municipalities. Economic development The League: • Encourages the state to provide adequate funds and staff for a strong, multifaceted program to promote the economic vitality of Colorado. This program should encourage the diversification and expansion of local economies, including support for existing business, creation of new jobs and promotion of tourism. The program should be closely coordinated with local governments and the state should never promote a specific economic development project against the wishes of the community or communities most directly affected by the project. • Encourages the federal government to support state and local government activities promoting economic development. • Encourages a continued comprehensive effort among state and local governments and the private sector to manage a coordinated tourism promotion program. Education The League believes an effective education system supplies our municipalities with an educated and well-trained community and workforce who will both allow existing businesses to expand and attract new business investment. The most effective programs are those partnerships among our educational institutions, local stakeholder and local governments. Due to its importance to our communities, the League supports education as a community-wide value. Specifically, the League: • Supports state and local policies and initiatives that encourage greater early learning, K-12, higher education, workforce training opportunities and lifelong learning opportunities. • Supports access to information and resources that help parents and caregivers give students the greatest chances to learn and grow in safe and healthy ways. • Supports state initiatives that enhance creative and innovative partnership opportunities with businesses and educational institutions, including shared facilities, school resource officers, and enhanced programming. • Supports funding of education in the State in a balanced manner which takes into consideration the needs of all sectors of the economy and yet not at the expense of municipal revenues. Electric and natural gas services The League: • Opposes federal or state restrictions that would limit the ability of municipalities to create new municipally-owned utilities. • Opposes federal restrictions that would dictate territorial service areas or restrict the ability of municipally owned utilities to service customers within their municipalities, including newly annexed areas. • Opposes federal legislation requiring states to implement retail competition. • Opposes federal or state restructuring of the electric or natural gas industry if such restructuring restricts municipal authority to regulate the use of rights-of-way and to franchise and tax utilities and services, interferes with services provided by municipally owned utilities, fails to protect interests of all consumer classes or sacrifices environmental and social objectives protected under existing regulatory policies. • Opposes efforts to prevent municipalities from extending utility services to newly annexed areas or providing utility services to customers in unincorporated county properties adjacent to the municipality. Emergency services The League: • Supports local control of local emergency services and involvement of the state as a resource to local government in the areas of information, coordination and training. • Supports state funds for those state agencies that serve as a resource to local emergency services. • Supports a voluntary uniform statewide fire incidence reporting program. • Supports close cooperation at all levels of government and increased federal funding to assist local government homeland security and first responder responsibilities. Energy Energy planning The League recognizes several compelling reasons for developing a comprehensive energy policy. Energy conservation saves dollars. Energy conservation and renewable energy production creates jobs and supports local economic development efforts. Energy conservation reduces our nation's dependence upon foreign oil and improves our energy security. Municipalities are in a position to lead by example. Municipalities are able to provide education and access to information that advocates the economic and environmental benefits of increased energy efficiency. Therefore, the League: • Supports the development of a balanced, long-term statewide energy plan with an overall goal of reducing greenhouse gas emissions through a mix of non-renewable fossil fuels, renewable energy sources, and energy efficiency and conservation programs. • Supports the creation and expansion of statewide goals that provide targets and incentives for the implementation of renewable energy strategies and that also recognize the unique concerns of municipal electric and gas systems. • Supports municipal efforts to assess energy efficiency opportunities in their own operations and in their communities as a whole; setting energy efficiency targets; and creating local action plans. • Supports retrofitting municipal facilities with energy efficient technologies; policies that enhance municipal energy conservation; and programs that promote the generation of alternative energy sources. • Supports working with appropriate state and local agencies to educate municipalities on the use of energy efficient building codes. Natural resource production Municipalities are directly and indirectly affected by the impacts of energy extraction activity and understand the boom and bust nature of it. The League also acknowledges the importance of the extraction industry to the state's economy. Therefore, the League: • Supports enhanced local input and mitigation powers of municipalities in addressing the environmental and economic impacts of energy extraction. • Supports the State Oil and Gas Conservation Commission involving substantively local governments affected by energy extraction, including a recognition of local health and environmental impacts. • Supports a continued dialogue with local governments regarding the collection and distribution of severance tax and federal mineral lease revenues. • Supports raising the severance tax rate and removing severance tax exemptions in order to generate additional revenue for local governments. • Supports DOLA's continuing administration of the Energy Impact Loan and Grant program to assure greater transparency and accountability of the funds. • Supports the development of a permanent trust fund using a portion of existing and/or any new revenues from severance taxes and/or federal mineral lease revenues so long as such revenues in a trust fund can be made available to municipalities and counties impacted by energy extraction. • Opposes any reduction in the existing revenue streams of severance tax and federal mineral lease revenue to counties and municipalities. • Supports financial and technical assistance to local governments affected by the development of coal, oil shale, and other natural resources to permit planning for, and provision of, municipal services and facilities. • Opposes the appropriation of energy impact and mineral lease funds, historically set aside for local governments, to finance state programs and administrative costs of state government. Environment In addressing environmental concerns, the League: • Supports federal and state programs that encourage cleanup and reuse of "brownfield" property. • Supports full federal funding for cleanup of contaminated federally owned or managed sites, such as Rocky Flats. • Opposes increases in the proportion of municipal cash funding support for state environmental programs. • Opposes state preemption of local government authority to adopt environmental ordinances. • Supports the concept of sustainability and sustainable solutions that are aimed to meet the needs of the present population without compromising the ability of future generations to meet their needs. • Supports reasonable and practical application of air and water pollution control laws by federal and state administrative officials and encourages restraint in modifying legislation and regulations that have a fiscal impact on municipalities. Particularly in the area of water quality, enforcement should be correlated with the availability of funds necessary to achieve stated goals. • Supports adequate state regulation and enforcement of drilling and mining sites, production facilities and waste product storage and disposal facilities; supports practices to assure citizen safety, environmental protection and the protection of domestic water sources; and opposes state preemption of local land use and watershed regulations. Housing The availability and affordability of decent housing is an important concern to Colorado's municipalities. Therefore, the League: • Supports an adequate supply of good housing, regardless of income level, and continued public-and private-sector support for such an effort. • Supports increased financial assistance from the federal government for housing needs of low-and moderate-income families. • Supports state financial support for the Division of Housing's loan and grant program for low-and moderate-income housing. • Supports the continued efforts of the Colorado Housing Finance Authority to work with municipalities on the Authority's various housing loan programs. • Supports the preservation, revitalization and redevelopment of existing neighborhoods. • Supports public and private financial assistance programs to address the needs of the homeless. • Supports programs that involve municipalities in addressing foreclosures. • Supports the creation of an adequately financed statewide housing trust fund. Human rights The League supports programs that protect the rights and dignity of the individual and encourages programs that address such issues as employment, housing, health care, substance abuse and equal opportunity. Initiative reform The League • Supports efforts to reform the state's initiative and referendum procedures by increasing the number of signatures required to place a constitutional amendment citizen initiative on the ballot. • Supports efforts to maintain the state constitution as a basic framework for government rather than an embodiment of statutory law while maintaining the citizen lawmaking process by supporting additional protections for statutory law made by citizen initiative. Lottery The League supports preserving all lottery proceeds for park, recreation, open space and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by Colorado voters. Municipal court operations The League: • Opposes imposition of state surcharges on municipal court fines for the purpose of funding state programs. • Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts. Municipal development and land use The League supports local control and determina.,tion of local land use issues. In general, the League supports state laws and policies that encourage new residential, commercial and industrial development to occur within existing municipalities and that discourage the sprawl of urban, suburban or exurban development into rural and unincorporated areas of the state. In addition, the League specifically: • Supports prohibition of the incorporation of new cities and towns adjacent to, or within the service areas of, existing municipalities. ·Supports increased municipal and, within unincorporated areas, county controls over the formation of special districts, placing additional limitations on the powers exercised by such districts and, where practicable, providing for the dissolution or phasing out of special districts. • Supports appropriate efforts to permit application and enforcement of municipal ordinances, such as building codes, fire codes, subdivision regulations and zoning ordinances, to buildings and improvements proposed to be constructed by government entities. • Supports municipal discretion concerning the imposition of development fees and requirements. • Supports the clear authority of municipalities to collect an impact fee for schools. • Supports financial and technical assistance to municipal governments in the areas of planning and land use. • Supports municipalities, when appropriate, in utilizing sub-local governments (neighborhood, nonprofit, and civic organizations and homeowners' associations) in developing and implementing solutions to specific localized issues. • Encourages measures that promote intergovernmental cooperation on land use issues. • Encourages coordination of land use and transportation planning. • Encourages municipalities when using tax increment financing to promote communication and intergovernmental cooperation with affected local governments. • Generally opposes efforts to restrict municipal authority to annex territory. • Opposes delegation of municipal land use authority to state agencies or preemption of municipal land use controls. • Opposes federal or state restrictions, beyond those constitutional restrictions that have been defined by recent Supreme Court decisions, on the ability of federal, state or local governments to regulate private property or to exercise the power of condemnation for the benefit of public health, safety and welfare. • Opposes unreasonable restrictions on urban renewal authorities. Natural disasters The League: • Supports specific modifications to the Taxpayer's Bill of Rights (TABOR) to better define an "emergency," specify the amount of time for repayment of any TABOR reserve dollars spent, and to create clarity to ensure state financial assistance can be used specifically for recovery without violating TABOR revenue and spending limitations. • Supports state financial support to assist local governments with disaster mitigation in their communities. • Opposes federal or state preemption of municipal land use within the wildland urban interface. Police, fire, and other pension and employee benefits The League: • Supports continuation of state matching funds to assist in retiring unfunded liabilities that accrued under the old police and fire pension plans. • Supports equitable levels of state funding for volunteer firefighters' pensions. • Opposes mandates that increase the cost of or create inequities among municipal employee pension, workers' compensation or other employee benefits. • Opposes mandated Social Security or Medicare coverage for public employees, mandated benefit levels or funding standards for municipal employee pension plans, or other unreasonable burdens or restrictions in connection with the administration of municipal employee benefit plans. • Opposes mandated so-called "Police Officers Bill of Rights" interfering with the management and budget prerogatives of local governments. Postal service The League supports legislation and adminis.,trative action by the United States Postal Service requiring use of mailing addresses and ZIP codes that reflect the corporate boundaries of cities and towns in order to eliminate confusion among citizens and businesses and to reinforce community identities. Privatization The League supports the use of private-sector businesses to provide public services when determined by municipal officials to be in the public interest. Public employment The League opposes efforts to interfere with a municipality's ability to determine the terms and conditions of municipal employment. Public liability Because of the financial burdens caused by the increasing number of lawsuits against municipalities and their officers and employees, the deterrent that litigation presents to continued service by public officials and the need to assure that municipal liability does not impair the provision of necessary services to the public, the League: • Supports the availability of public liability insurance at reasonable costs and the ability of municipalities to reduce such costs through self insurance or other reasonable means. • Supports reasonable federal limitations on and reduction in the liability for monetary damages payable by public entities and public employees in suits brought under federal laws. • Supports limitations on the liability of municipalities and their officers and employees. • Opposes efforts to expand the liability of public entities and public employees. Purchasing The League supports the authority of municipal officials to determine local purchasing and contracting procedures. Telecommunications The League: • Supports the retention of municipal regulatory authority over cable television systems. • Supports affordable access by all municipalities to state-of-the-art telecommunication and information services. • Opposes federal or state restrictions on local control of municipal rights-of-way or on the authority of local governments to develop or acquire their own telecommunications infrastructure. •Opposes federal or state restrictions on municipal franchising, regulatory and taxing authority over telecommunications systems. Transportation The League: • Supports increased funds to finance pressing surface transportation needs as long as an equitable portion of new revenues is returned to cities and towns. • Supports state Department of Transportation assumption of street lighting and general maintenance costs on state highways within municipalities. • Supports limitations on "off the top" diversions from the Highway Users Tax Fund. • Supports preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways of the state, comprising all modes including facilities for air, transit, bicycle, and pedestrian travel. • Supports greater flexibility and increased revenues for multi-modal transportation systems. • Supports clarification that federal railroad laws do not preempt local governmental authority to protect the safety and environment of citizens. • Supports preservation of the federal funding guarantees for transportation and allocation of all federal transportation taxes and funds for their intended transportation purposes. • Supports efforts to improve air transportation throughout Colorado. • Supports close cooperation among Colorado Department of Transportation, counties, municipalities and interested stakeholders in improving Colorado's multi-modal transportation system. • Encourages a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/vanpool and demand management options to improve Colorado's transportation system by supporting: •Close cooperation among Colorado Department of Transportation, counties, municipalities and interested stakeholders in improving Colorado's multi-modal transportation system; • Preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways of the state, comprising all modes including facilities for air, transit, bicycle, and pedestrian travel, and; • Greater flexibility and increased revenues for multi-modal transportation systems. Water In addressing statewide water concerns, the League: • Supports water policies that protect Colorado water resources. • Supports the constitutional doctrine of prior appropriation and the constitutional priority given to domestic water use. • Supports the inventorying and protection by municipalities of their water rights. • Supports appropriate water conservation efforts and sustainable water resource management practices by all users. • Supports efforts to increase knowledge of water-related issues of concern around the state to municipalities. • Supports participation in statewide discussions of water use and distribution. • Supports appropriate coordination of municipal water use with other uses including agriculture, mineral resource development, energy development, recreation and open space. • Supports federal and state financial aid programs assisting municipalities, including recognition of the special needs of smaller municipalities, with the construction and improvement of water systems to protect water quality and to comply with federal and state mandates. • Supports continued federal and state funding for wastewater treatment and drinking water facilities to reduce local costs and expedite construction of necessary treatment and collection facilities. • Supports stakeholder input and involvement in developing laws and regulations related to water and wastewater issues. • Encourages on-going communication by federal land manag...,ers with affected municipalities regarding the leasing of federal lands that might impact local land use and environmental policies including, but not limited to, local watershed ordinances. Youth The League: • Supports municipal and other efforts to address youth issues and needs. • Recognizes the influence that parents in partnership with nonprofit and religious organizations, local businesses and other governmental jurisdictions have on the development of youth. • Encourages utilization by public schools in cooperation with local governments of League-published or other civics curriculum to educate students in state and local government. The Colorado Municipal League CML was founded in 1923 to provide technical assistance and advocacy on behalf of our municipal membership. There are 268 cities and towns that are members of the League. The CML Policy Committee is responsible for developing policy recommendations and recommended positions on legislation. Every municipal member has the option to have a representative on the CML Policy Committee. A 21-member Executive Board governs the operations of the organization. The League has 24 sections (i.e., planning officials, police chiefs, city managers) and 14 regional districts that provide input and technical expertise in development of League policy. Executive Board Officers President William Bell, Montrose city manager Vice President Carol Dodge, Northglenn mayor pro tern Secretaryffreasurer David Edwards, Palisade mayor pro tern Immediate Past President Christina Rinderle, Durango mayor Ronnald Akey, Wray mayor pro tern Larry Atencio, Pueblo councilmember Kim Cancelosi, Frisco councilmember Robb Casseday, Greeley councilmember Barbara Cleland, Aurora councilmember Jill Gaebler, Colorado Springs council president pro tern Alberto Garcia, Westminster councilmember Kathy Hodgson, Lakewood city manager Matt LeCerf, Frederick town manager Samantha Meiring, Firestone trustee George Reese, Akron mayor Patrick Rondinelli, Ouray city administrator Dave Stone, Limon town manager Wade Troxell, Fort Collins mayor Kirby Wallin, Brighton mayor pro tern Robert "Bob" Widner, Centennial city attorney Colorado Municipal Facts Number of incorporated municipalities: 272 Population (2014 estimates) State: Municipal: Municipal as percent of state: Range in municipal population: 5,353,471 3,949,760 73.8% Lakeside: 8 Municipalities with CML membership: Denver: 664,220 269 Structure of Colorado municipal governments Sl!l!C11.1r1:1 11. PQRl.!lii!liQ!J Home Rule 101 3,684,310 Statutory 169 264,450 Territorial Charter 1 1,000 Number of municipalities with city/town manager or administrator: Municipal elected officials ~ gfpgg, 93.28% 6.695% 0.025% 181 Mayors, councilmembers, trustees: 1,801 Percent of elected officials who are women: 34% Sources of municipal tax revenue (2013) Total tax revenue: $3,648,459,680 Property taxes: $699,755,333 Sales/use taxes: $2,509,868,925 Total taxes as % of total revenue 19.2% 68.8% 65.8% Property tax (2013) Assessed Valuations State: Municipal: Municipal as percent of state: $105.32 billion $64.98 billion 62% Sales tax (2013) Total municipalities levying a local sales tax: 222 Municipalities with self-collected sales tax: 70 Low: 1 % High: 7% Municipal elections (1993-April 2016) Ballot Issues Passed Failed % Passec! TABOR Revenue and Spending Changes 476 Municipal Tax/Tax Rate 503 Municipal Debt/Obligation 286 Term-Limits 119 74 345 129 89 87% 59% 69% 57% Compiled by the Colorado Municipal League, April 2016 Problem viewing this email? Click here for our online version. CM L II II •I. JI 20 days into the session: So what's happening with .... ? With twenty days gone in the 120-day session (after today), CML lobbyists are being asked a number of questions about the status of various "big ticket" items the General Assembly is expected to take up. ° Construction Defects: In the first days, Senate President and former Calion City councilman Kevin Grantham and House Speaker Crisanta Duran announced a grand bargain on construction defects. The only problem was that none of the people that have been involved for years with construction defects reform, especially the broad coalition that includes municipal officials, were part of the discussion that became SB 17-045. Municipalities and affordable housing advocates continue to press for reforms that precede litigation and in a form that will kick start owner-occupied housing and boost affordable housing options. 0 Transportation funding: Behind the scenes, there is an ongoing dialogue on various approaches to ballot questions that would raise new revenue for statewide transportation and transit projects. While some proponents continue to explore the viability of a state sales tax increase that would place pressure on the main source of general purpose revenue for all municipal services, others are proposing tax cuts in transportation funding (i.e. gas tax, FASTER fees, or specific ownership taxes) as trade bait for a sales tax increase. While there are no concrete proposals on which to determine a position, CML has alerted statehouse leaders that increasing the sales tax would have to include an increase in distribution ratios to municipalities to balance the loss in future municipal sales taxes -and even so, additional revenue may not offset municipal fiscal impacts. Regardless, cutting other taxes that would reduce local transportation revenue (i.e. gas tax, FASTER fees, and specific ownership taxes) would be a significant problem at the local level. Beer, wine and liquor in grocery stores: With all the publicity at the end of the 2016 session about grocery stores being able to sell beer, wine, and liquor with the passage of SB 16-197, a lot of people have asked why they do not see it yet. In fact, the Colorado Liquor Enforcement Division first made application forms for additional licenses available in November 2016. With the requirement that a grocery store will have to buy out liquor stores within 1500 feet, the transition will be even slower. In the meantime, legislation tweaking some of SB 197 is in the works, and CML will ask to amend a hastily Direct Links to Legislative Details Statehouse Report bill summaries Box Score of su pport bills Box Score of oppose (or oppose unless amended) bills List of All Bills Followed by CML: House List of All Bills Followed by CML: Senate CMLAnnual Legislative Workshop Be sure to join the CML advocacy team for the annual legislative workshop to learn more about key municipal issues before the General Assembly and what you can do to influence the legislative process. This year includes sessions at the Colorado Capitol and an open house reception for state legislators. Register on line today! State of Our Cities & Towns The 2017 version of CML's State of Our Cities & Towns report looks at how cities drafted distance restriction negatively impacting businesses in rural Colorado towns. However, the bigger issue that remains is the automatic change on January 1, 2019 that allows any grocery store or convenience store with a 3.2 license to sell full-strength beer and malt beverages. • On-premise marijuana consumption: Two models have emerged in recent months-one of which is already presented in SB 17-063. Citing Amendment 64's failure to give consumers a legal venue to use purchased products other than in private residences, proponents of SB 63 would like a state and locally-licensed club (subject to local opt-in) that would be the rough equivalent of a tavern license-on premise purchase and on premise consumption. The other model that has not yet taken form in proposed legislation would allow a "sales room" or "tasting room" to attach (although not necessarily directly) to an existing retail store. This would be the rough equivalent of a retail liquor store having an adjacent premise for purchased product to be consumed. There is a long way to go in this discussion, but CML is pleased that both approaches recognize local opt-in. For a complete list of bills that CML is tracking and has positions established or recommended to the CML Policy Committee, visit the Legislative > Current Session page of the CML website or go directly to the complete Statehouse Report for bill summaries. For more information on specific legislation, contact the lobbyist indicated. Otherwise, contact Kevin Bommer, deputy director, by email or at 303-831- 6411. To follow the legislative issues through the eyes of the CML advocacy team, check out the blog, CML Legislative Matters. CML Executive Director Sam Mamet broadens the scope of the issues in his blog, Municipalities Matter. Colorado Municipal League 1144 Sherman Street • Denver, CO 80203 • Email us I Visit our website 303-831-6411 To unsubscribe from this email listing, please click here. .#" ..... Powered By ~:·.J Q f 0 r mz ·~ .. and towns make life better with amenities. Read the report. see the survey results, and watch the videos. 1/23/2017 Statehouse Report -CML ~~'Ym\.,l The Voice of Colorado ·.s Cities and Towns Statehouse Report ST.A: BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS In this issue ... Affordable Housing Beer & Liquor Construction Defects Economjc Develooment Emoloyment Fiscal Fajr Plav Marijuana Municipal Courts Ooen Records Property Tax Public Health and Environment Public Safety Road & Bridge Sales and Use Taxes Telecommunicatjons Transportation and Public Safety https :f/www.cm!.org/ statehouse-report/ 1/16 1123/2017 Statehouse Report -CML Transportation Urban Renewal Wortsers Compensation Share with social networks Affordable Housing: Homeless Bill of Rights In 2014 and 2015, Denver Homeless Out Loud and the American Civil Liberties Union introduced the "Colorado Right to Rest Act." The legislation attempted to apply certain rights to the homeless and the adoption and enforcement of certain municipal ordinances. CML had opposed and been successful in defeating this legislation both years. CML expects that the House sponsors and the ACLU plan to reintroduce the bill in the 2017 legislation session. Bill: Homeless Bill of Rights Status: Not yet introduced Position: Oppose Lobbyist: Meghan Dollar Updated 111912017 Beer & Liquor: Campus Complex License HB 17-1120 purports to allow an institution that has a license to serve alcohol beverages for on-premises consumption to apply for designation as a "campus liquor complex." This permit would allow the institution to designate multiple facilities on the campus as locations for serving alcohol beverages, apparently to absolve the institution from having to apply and pay for multiple special event permits or license separate locations. The state and local licensing authorities would be required to issue enforcement actions only upon a specific facility and not the entire complex or institution, should any violation of the liquor code occur. The "campus liquor complex" would be subject to numerous requirements, including: • Clear designation of the principal licensed premises and additional separate, related facilities within the "complex" • Clear identification of each area where alcohol beverages will be consumed • Obtaining a permit for each related facility where alcohol beverages will be served • Designation of a manager Since CML only saw the language immediate prior to introduction, the League is still working with proponents to determine how the bill intersects with the Liquor Code and existing practice before recommending a position or any amendments to the bill. Bill: HB 17-1120, Campus Complex License Sponsors: Rep. Yeulin Willett, R-Grand Junction https://www.cml.org/statehouse-report/ 2116 1123/2017 Status: H. Public Health Care & Human Services Lobbyist: Kevin Bommer Updated 1123/2017 Statehouse Report -CML Construction Defects: Allocation of Defense Costs SB 17-045 is the first of perhaps several pieces of legislation aimed at construction defect reform in Colorado. As in past sessions, CML supports reform legislation designed to boost the development of owner-occupied attached housing within municipalities. This legislation specifically addresses a construction defect action in which more than one insurer has a duty to defend a party. The bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. This may include insurance companies representing not only the developer, but also contractors and subcontractors. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying construction defect action. The intent is spread liability costs outside of the developers insurer. It's very unclear as to whether this legislation is a statewide fix, as it deal with actions after litigation as opposed to limiting litigation. CML is still gathering information and feedback, but at this time, staff will recommend a neutral position at our February policy committee. Bill: SB 17-045, Allocation of Defense Costs Sponsors: Sens. Kevin Grantham, R-Caiion City, and Angela Williams, D-Denver; Reps. Crisanta Duran, D-Denver, and Cole Wist, A-Centennial Status: H. Business Affairs & Labor Position: Neutral Lobbyist: Meahan Dollar Updated 111912017 Economic Development: Coordination of Economic Assistance for Rural Communities SB 17 -022 offers grant money assistance and non-monetary assistance to rural communities that have experienced a significant economic hardship. The bill directs the executive director of the Department of Local Affairs (DOLA) to coordinate the provision of non-monetary resources to assist identified communities with job retention or creation. It also transfers $500,000 per year over the next three years from the General Fund to the "Rural Economic Advancement of Colorado Towns Fund" administered by DOLA to assist identified communities impacted by challenging economic circumstances. Bill: SB 17-022, Coordination of Economic Assistance for Rural Communities Sponsors: Sen. Kerry Donovan, D-Vail Status: S. Finance Position: Support Lobbyist: Moraan Cullen Updated 1119/2017 Economic Development: Downtown Development Authorities https://www.cml.org/statehouse-report/ 3/16 1/23/2017 Statehouse Report -CML CML will oppose any legislation that would do damage to the ability of DDAs to function proper1y. Based on reports of two counties with undetermined issues with their local DDA, Colorado Counties Inc. (CCI) intends to run statewide legislation impacting all DDAs. CCI apparently intends to essentially apply the same type of changes to the ODA statutes that HB 15-1348 made to the urban renewal statutes: 1. Counties, special districts, and school district representation on DDA boards. 2. "Equitable distribution" of remaining TIF revenue after the payment of project costs. 3. Mandate the existence of an IGA requiring agreement on the amount of increment each entity will contribute and bar incremental revenue from flowing absent an agreement. 4. Identical mediation provisions to HB 15-1348, absent an IGA. 5. Applicability to newly established DDAs (not yet confirmed). While it appears there has been some attempt by CCI to recognize the distinct differences between urban renewal and downtown development, there are still many fundamental misunderstandings driving the decision to move forward with this troublesome legislation. Furthermore, CML has learned that not all counties are thrilled with the decision to try to impair DDAs, as the commissioners there have no concerns with their local DOA. Most include commissioners in the authority already. Bill: Downtown Development Authorities Status: Not yet introduced Position: Oppose Lobbyist: Keyjn Bommer Updated 111912017 Employment: Employee Leave for Child Academic Activities HB 17-1001 would reenact legislation that passed in 2009 but was inadvertently sunset. It allows an employee of an employer subject to the Family Medical Leave Act (FMLA) to take leave for a child's academic activities under certain conditions. CML did not oppose the legislation in 2009 or last year's attempt to reenact it because municipal employers generally already provide this type of leave. Bill: HB 17-1001, Employee Leave for Child Academic Activities Sponsors: Rep. Janet Buckner, D-Aurora; Sen. Andy Kerr, D-Lakewood Status: H. Education Position: Neutral Lobbyist Kevin Bommer Updated 111912017 https://www .cm! .org/ statehouse-report/ 4/16 1/23/2017 Statehouse Report -CML Fiscal Fair Play: Road & Bridge Mill Levy During the 2016 legislative session, CML attempted to convince the legislature to enact reasonable legislation that would allow municipalities to have a seat at the table with counties when counties are considering reductions in road and bridge mill levies. Those levies are shared property tax revenue that municipalities are legally entitled to use to address transportation infrastructure costs. However, counties can unilaterally impact those revenues without including municipalities in the conversation. Last year, counties even opposed a "notification and consultation" requirement on the heels of county-initiated legislation requiring county consent on property tax contributions to urban renewal projects. Regardless, CML made the determination that efforts to resolve the problems created by the lack of county cooperation were best addressed outside of the statehouse in 2017, and the League will encourage our members to work directly with their respective counties. An excellent example of this can be found in Garfield County: Facing general fund budget issues, the county is zeroing its road and bridge mill levy for 2017, but the commission is backfilling the lost revenue to the municipalities in the county and making them whole. Bill: Road & Bridge Mill Levy Position: Support Lobbyist: Kevin Bommer Updated 111912017 Marijuana: Excise Tax Subsequent to Annexation Legislation agreed to by municipalities and counties in 2015 allows the collection of a marijuana excise tax by counties and statutory municipalities. The statute is clear that a county may not collect a county excise tax within municipal boundaries if the municipality has an excise tax, which mirrors longstanding language in the county lodging tax statutes. Upon annexation of an area that would include a business subject to a county marijuana excise tax, the municipality Of it has a marijuana excise tax) would collect its tax. Colorado Counties Inc. may initiate legislation that would prohibit the municipality from collecting the excise tax from the business within municipal jurisdiction so that the county could continue to collect its tax. CML opposes changing the language on which there was prior agreement. Bill: Excise Tax Subsequent to Annexation Status: Not yet introduced Position: Oppose Lobbyist: Kevin Bommer Updated 111912017 Marijuana: Grey /Black Market Enforcement Grants This legislation from the interim Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado would create a grant program in the Department of Local Affairs (DOLA) to award grants to local governments to reimburse or defray costs for training, education, law enforcement, and prosecution associated with grey and black marijuana markets. Rural local governments with limited law enforcement resources are given priority. The League believes this bill will be amended with language supporting the initiative from the office of Gov. John Hickenlooper provide additional marijuana tax revenue to fighting diversion and illegal sales. https://www .cml .orglstatehouse-report/ 5116 1/23/2017 Bill: Grey/Black Market Enforcement Grants Status: Not yet introduced Position: Support Lobbyist: Kevin Bommer Updated 111912017 Statehouse Report -CML Marijuana: Licensed Social Consumption Clubs SB 16-063 is legislation that tries to address the issue of clubs by creating a state and local license for any club allowed by a local government. Unlike private clubs, these would be open and accessible to the public (older than 21 years of age) and exempt from the Clean Indoor Air Act.. With the local option language, staff will try to get a consensus from the CML Policy Committee on Feb. 10. If the bill is scheduled prior to that time, then testimony will focus on the technical issues that are driving the staff recommendation to the committee of "oppose unless amended," primarily around the omission from the bill forthe local option for needs and desires review and public hearings on issuance of a license. Bill: SB 17-063, Licensed Social Consumption Clubs Sponsors: Sen. Vicki Marble, A-Fort Collins; Rep. Jovan Melton, D-Aurora Status: H. Business, Labor, Economic and Workforce Development Position: Oppose unless amended Lobbyist: Kevin Bommer Updated 112312017 Marijuana: Private Clubs/Open & Public Consumption Since the passage of Amendment 64, the legal status and exact definition of what constitutes a "private marijuana club" has been elusive. Each municipality and county has been left to regulate or prohibit private clubs purely through zoning and land use regulations. However, this is largely insufficient. In October, the City of Trinidad requested though the CML Policy Committee that CML initiate legislation creating creating an opt-in provision for private marijuana clubs and creating a statewide minimum definition of "open & public consumption." The latter issue has been unresolved since Amendment 64 was implemented, and consensus language defining the term was inexplicably removed from 2013 legislation. Combining these two issues in legislation will restore the local control that Amendment 64 was written with which to give significant deference. Bill: Private Clubs/Open & Public Consumption Status: Not yet introduced Position: Support Lobbyist: Kevin Bommer Updated 111812017 Municipal Courts: Clarification for Advisements In addition to the requirement that a defense attorney be present at first appearance in certain cases, HB 16-1309 also required additional advisements in all municipal court cases. HB 17-1083 cleans up language from HB 17-1309 by removing traffic https://www.crnl.org/statehouse-report/ 6/16 l/'23/2017 Statehouse Report -CML offenses of four points or less from the advisement requirement. This will allow municipal courts to run more efficiently by shortening what a municipal judge must advise defendants at first appearance in those specific traffic cases. Bill: HB 17-1083, Clarification for Advisements Sponsors: Rep. Larry Liston, A-Colorado Springs Status: H. Judiciary Position: Support Lobbyist: Meahan Dollar Updated 112312017 Municipal Courts: Funding to Implement HB 16-1309 When Gov. John Hickenlooper let HB 16-1309 become law without his signature, he sent a letter to the legislature agreeing that the law is an unfunded mandate and pledged to find funding. During the interim, CML staff initiated discussions with the Governor's Office. As a result, $1 million was set aside in the FY 2017-18 budget for the Office of the State Public Defender (OSPD) to represent defendants in municipal court if they met the guidelines of HB 16-1309. At this time, CML is gathering data to help identify actual costs to the state by determining which municipalities will opt-in to a program utilizing the OSPD. Discussions are still early, but there will likely be legislation in both 2017 and 2018 to implement the program. As a result, those municipalities that opt-in to a state funded public defender program may see the implementation date for HB 16-1309 pushed out until 2018. Bill: Funding to Implement HB 16-1309 Status: Not yet introduced Position: Support Lobbyist: Meahan Dollar Updated 111912017 Municipal Courts: Record Sealing In October, the CML Policy Cornmittee voted that the League initiate legislation to allow defendants in municipal court to ask to seal their records immediately rather than going through the district court process. This would apply In cases in which the case was dismissed, the defendant is acquitted, or the defendant completes a deferred judgment or sentence. In addition to the clear authority to seal these records, the legislation will include an opportunity for a municipal court to propose a fee to cover costs similar to the one utilized in state courts. This legislation is a follow-up to the passage of SB 16-116, which laid out a similar process for state courts. CML will actually join other interest groups on one piece of legislation to clarify several issues stemming from SB 16-116. Bill: Record Sealing Status: Not yet introduced Position: Support Lobbyist: Meghan Dollar Updated 111912017 https://www.cm!.org/statehouse-report/ 7/16 1/23/2017 Statehouse Report -CML Municipal Courts: Restorative Justice CML's Municipal Judges Section approached the CML Policy Committee to pursue legislation for more funding allowing municipal courts to implement restorative justice programs. CML staff determined the Colorado Restorative Justice Council is an existing vehicle to identify recipients for restorative justice funding. The program is due to sunset and will require new legislation to continue after the 2017 legislative session. CML is partnering with the council to pursue opportunities for municipal courts to play a larger role in the council as well as get more information out to municipalities about application deadlines and other information. Bill: Restorative Justice Status: Not yet introduced Position: Support Lobbyist: Meghan Dollar Updated 1/19/2017 Open Records: Defining Confidential Information HB 17-1029 allows a custodian to deny access to confidential personal information and employee personal email addresses. Bill: HB 17-1029, Defining Confidential Information Sponsors: Rep. Polly Lawrence, R-Littleton; Sen. Bob Gardner, R-Colorado Springs Status: H. State, Veterans & Military Affairs Position: Neutral Lobbyist: Dianne Criswell Updated 111912017 Open Records: Structured or Searchable Data SB 17-040 was introduced after a working group established by the Colorado secretary of state met over the 2016 interim to consider changes to the Colorado Open Records Act (CORA) following the defeat of last year's proposal, SB 16-037. SB 17-040 modifies CORA by creating new procedures for structured or searchable data. The bill would require a government custodian to provide an accurate copy of the structured data (or, if not feasible, in a searchable format) when requested. If the custodian cannot produce the record in the requested format, the custodian must produce in an alternate format and provide a written declaration attesting to the reasons. If a court subsequently rules the custodian should have provided the data in the requested format, attorney fees may only be awarded if the custodian's actions were arbitrary or capricious. If a custodian performs programming, coding, or search queries, the fee may be based on the cost recovery. SB 17-040 does not address all CORA issues from the custodian side, including the underlying litigation or cost burdens. The bill does provide a framework on how requestors and custodians may classify records as either written/print records, digital records (photographs, scanned images), machine readable records (Word documents, emails, searchable PDFs), and structured data (Excel files, Access databases, CSV files). https://www.cm!.org/statehouse-report/ 8/16 1123/2017 Statehouse Report -CML There is still work to be done, and the CML Policy Committee will have another chance to review the language at its February meeting. Bill: SB 17-040, Structured or Searchable Data Sponsors: Sen. John Kefalas, D-Ft. Collins; Rep. Dan Pabon, 0-Denver Status: S. State, Veterans & Military Affairs Position: Staff discretion to support Lobbyist: Dianne Criswell Updated 111912017 Property Tax: Increasing BPPT Exemption to $50K HB17-1Q63 would increase the exemption for business personal property tax (BPPl) from the current amount of $7,300 to $50,000 starting in the 2017 property tax year. Starting in 2019, that threshold would be adjusted biennially for inflation. Property owners with less than those amounts of personal property do not need to file a personal property schedule. Further, for state-assessed utilities, all personal property statewide would be included in the valuation process. Currently, the state offsets the impact from the BPPT exemption by way of an income tax credit for property taxes paid when the taxpayer's property is less than $15,000. The final income tax year of the credit ends January 1, 2020. Although not at issue in this proposed draft, that context informs the overall fiscal impact. This proposal will increase the already existing the out-year impact on local governments' property tax collections. This bill will be on the action item list at the February 10, 2017 Policy Committee meeting, with a staff recommendation to oppose due to the fiscal impact and also because local governments have existing authority to partially or totally exempt BPPT under TABOR. Bill: HB 17-1063, Increasing BPPTto $50K Sponsors: Reps. Timothy Leonard, R-JeffCo; Sens. Tim Neville, R-Littleton, and Larry Crowder, A-Alamosa Status: H. State, Veterans & Military Affairs Position: Oppose Lobbyist: Dianne Criswell Updated 112312017 Property Tax: Valuing Condo Storage Units as Residential Property SB 17-078 would allow residential storage condominiums to be assessed at the residential assessment ratio ratherthan as nonresidential property. This is the "man cave" bill that has been introduced in previous sessions to allow certain storage units (not on residential property) to be taxed at the lower, residential assessment ratio. This bill will be on the action item list at the Feb. 10 CML Policy Committee meeting, with a staff recommendation to oppose due to the fiscal impact. https://www.cml.org/statehouse-report/ 9116 1/23/2017 Statehouse Report -CML Bill: SB17-078, Valuing Condo Storage Units as Residential Property Sponsors: Sen. Bob Gardner, A-Colorado Springs; Reps. Kevin Van Winkle, A-Highlands Ranch, and Jovan Melton, D-Aurora Status: S. Finance Position: Oppose Lobbyist: Dianne Criswell Updated 111912017 Property Tax: Increasing BPPT Exemption to $21. 9K SB 17-009 would increase the exemption for business personal property tax (BPPT) from the current amount of $7,300 to $21,900 starting in the 2017 property tax year. Starting in 2019, that threshold would be adjusted biennially for inflation. Currently, the state offsets the impact from the BPPT exemption by way of an income tax credit for property taxes paid when the taxpayer's property is less than $15,000. The final income tax year of the credit ends Jan. 1, 2020. Although not at issue in this proposed draft, that context informs the overall fiscal impact. This proposal will increase the already existing the out-year impact on local governments' property tax collections. This bill will be on the action item list at the Feb. 10 CML Policy Committee meeting, with a staff recommendation to oppose due to the fiscal impact and also because local governments have existing authority to partially or totally exempt BPPT under TABOR. Bill: SB 17-009, Increasing BPPT Exemption to $21.9K Sponsors: Sen. Larry Crowder (Alamosa) Status: S. Finance Position: Oppose Lobbyist: Dianne Criswell Updated 111912017 Public Health and Environment: Exemption of Graywater Control Regulations for Purposes of Scientific Research HB 17-1008 would allow for an exemption under regulations imposed by the Water Quality Control Commission for research on potential uses of graywater currently impermissible under state law if certain specific conditions are met. Bill: HB 17-1008, Exemption of Graywater Control Regulations for Purposes of Scientific Research Sponsors: Reps. Jeni Arndt, D-Ft. Collins, and Jon Becker, R-Ft. Morgan Status: H. Agriculture, Livestock & Natural Resources Position: Neutral Lobbyist: Morgan Cullen Updated 1/19/2017 Public Safety: Combining Forest Health Grant Programs https ://www.cml.org/ statehouse-re port/ 10/16 1/23/2017 Statehouse Report -CML In 2013, CML supported the creation of the Wildfire Risk Reduction Grant (WRRG) program through the Department of Natural Resources. Local governments, nonprofits, and homeowner's associations are all eligible to apply for supplementation to mitigation projects. The program has awarded millions of dollars to projects for forest restoration and mitigation with the hope of minimizing future wildfire damage. Through discussions in the Wildfire Matters Review Committee, the WAAG program will be consolidated with a grant grant program within the Colorado State Forest Service. CML will continue to advocate for the necessary funds to keep these important mitigation grant programs successful. Bill: SB 17-050, Combining Forest Health Grant Programs Sponsors: Sen. John Cooke, A-Greeley Status: S. Agriculture, Natural Resources & Energy Position: Support Lobbyist: Meghan Dollar Updated 111912017 Public Safety: Healthcare Costs for Individuals in Custody At the October CML Policy Committee meeting, the City of Thornton requested legislation to clarify that a municipality should not have to pay for preexisting or self-inflicted injuries on those in municipal police custody. Currently, statute is clear that an individual is liable to pay for these injuries if they are held in county jails, but the same clarification does not exist for municipalities. This is a significant issue for a number of municipalities across the state. The issue will require stakeholder meetings involving CML, Colorado Counties Inc., Colorado Association of Chiefs of Police, and sheriffs, as well as members from the healthcare community. At this time, the Colorado Hospital Association has committed to working with local governments and interested parties to try to find common ground. This is a difficult issue and CML is committed to finding a solution. Bill: Healthcare Costs for Individuals in Custody Status: Not yet introduced Position: Support Lobbyist: Meahan Dollar Updated 111912017 Public Safety: POST Certification for Municipal Law Enforcement Agencies There is ongoing discussion between CML and the Office of the Attorney General over whether municipal law enforcement agencies are statutorily mandated to go through the sunrise process in the Peace Officers Standards and Training Board (POST). CML asserts that municipal law enforcement agencies derive their authority from other parts of the statute and do not need to go through the sunrise review process. In light of these discussions, CML worked with the Office of the Attorney General on legislation to make it clear in statute that municipal law enforcement agencies have the authority to hire peace officers and engage in policing activates without approval by the state. Bill: SB17-066, Certification for Municipal Law Enforcement Agencies Sponsors: Sen. John Cooke, A-Greeley and Sen. Rhonda Fields, D-Aurora; Rep. Lori Saine, A-Dacono and Rep. Steve Lebsock, D-Thornton https:l/www .cm! .orgfstatehouse-reportl 11116 1/23/2017 Status: S. Judiciary Position: Support Lobbyist: Meghan Dollar Updated 111912017 Statehouse Report -CML Public Safety: Red Light Cameras and Photo Radar Since Gov. John Hickenlooper vetoed HB 16-1231, which was a prohibition on the use of red light cameras, CML expects that similar legislation will be introduced to prohibit the use of both red light cameras and speed radar. CML will oppose any legislation that impends a municipal governments ability to determine the best traffic safety measures in their community. Bill: Red Light Cameras and Photo Radar Status: Not yet introduced Position: Oppose Lobbyist: Meghan Dollar Updated 111912017 Road & Bridge: County General Fund Transfers for Disasters This legislation creates a very limited exception in the case of disaster response and recovery to allow a county transfer of general fund dollars to its road and bridge fund. This specific activity was prohibited by statute and upheld by the Colorado Supreme Court in the 1980s - a decision that municipalities applauded because it eliminated a point of double taxation of municipal residents. However, given the severe nature of the disaster response and the woefully slow repayment from Federal Emergency Management Agency (FEMA), the League has agreed to a four-year extension on this statute after being neutral on the limited allowance four years ago. Bill: SB 17-034, County General Fund Transfers for Disasters Sponsors: Sens. Matt Jones, D-Longmont, and Kevin Lundberg, A-Berthoud; Reps. Mike Foote, D-Longmont, and Hugh McKean, A-Loveland Status: S. Local Government Position: Neutral Lobbyist: Kevin Bommer Updated 111912017 Sales and Use Taxes: Single Point of Licensing & Remittance Pilot Program There are 69 home rule municipalities in Colorado that administer their own local taxes, creating complexity for businesses collecting and remitting sales tax across these jurisdictions. The self-collecting municipalities have made coordinated efforts to simplify their local tax systems to address these complexities. Past simplification efforts that have been successful and for which CML offered support occurred either through a stakeholder process convened by the participants (such as the exempt purchaser affidavit) or by request of the General Assembly (such as the current standard definitions project, pursuant to SJR 14-038). In contrast with these cooperative efforts, our members would have strong concerns about the impacts that simplification proposal in the form of statutory mandate or legislative oversight could have on home rule authority. https ://www .cml .org/ statehouse-report/ 12/16 1/23/2017 Statehouse Report -CML Another potential simplification is a single point of remittance and sales tax licensing for self-collecting municipalities. Currently, the City of Denver and the Colorado Department of Revenue are exploring a joint sales tax filing portal, pursuant to a recommendation from the governor's Colorado Blueprint effort. In a different approach, Simplify Colorado Sales Tax has expressed an interest in working with the General Assembly to establish a legislative task force in 2017 to examine these technologies; however, there are no details or bill draft at this time. Bill: Single Point of Licensing & Remittance Lobbyist: Dianne Criswell Updated 111912017 Telecommunications: Broadband SB 152 Repeal SB 17-042 is an effort by Colorado Counties Inc. (CCI) to repeal SB-152, which requires an election before a local government may become a broadband service "provider." Voters in 65 municipalities and 27 counties have passed "152 questions," and nearly all ballot issues have been overwhelmingly approved by voters. This bill repeals the full text of the bill that passed in 2005, and not just the election requirement. While repealing the bill does not address the ultimate challenges facing local governments in building broadband infrastructure, waiting for an election can often mean missing out on development possibilities or grant funding support. The telecommunications industry would have acceded to repealing the election requirement in exchange for many additional restrictions on local governments. The bill is expected to face an uphill battle in the Senate in the face of heavy industry opposition. Bill: SB 17-042, Broadband SB 152 Repeal Sponsors: Sens. Kerry Donovan, D-Vail, and Lucia Guzman, D-Denver Status: H. Business Affairs & Labor Position: Support Lobbyist: Kevin Bommer Updated 111912017 Transportation and Public Safety: Prohibition of Motor Vehicle Exhaust House Bill 17-1102 prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle in a manner that would harass another driver, bicyclist, or a pedestrian or obstruct or obscure the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100. Bill: HB 17-1102, Prohibition of Engaging in a Nuisance Exhibition of Motor Vehicle Exhaust Sponsors: Rep. Joann Ginal, D-Fort Collins Status: H. Transportation & Energy Position: Support Lobbyist: Morgan Cullen Updated 1123/2017 Transportation: Financing and New Revenue https://www.cml.org/statehouse-report/ 13116 1/23/2017 Statehouse Report -CML In 2017, expect to see a version of a TRANs Bonds bill similar to those bills introduced in 2015 and 2016. Business and government interests in the north 1-25 corridor have continued to work on proposals to finance a new group of transportation projects (and transit, depending on the version). Last year's legislation included a dedication of 5 percent of state sales tax revenues to pay the estimated annual debt service of approximately $250 million. (A 5 percent sales tax dedication would not generate $250 million in the near term.) Without a new source of revenue to support the debt, there have been some concerns about the impact on other General Fund programs (K-12) and the Colorado Department of Transportation's maintenance and operation (resources for M&O might be used, in part, for debt service). The proponents argue that transportation infrastructure needs to be a bigger priority for Colorado's citizens, businesses, and economy. Any new debt would have to be approved by a majority vote at a statewide ballot under TABOR. It is also likely that there will be discussions about new tax or fees to pay for transportation and transit, or to service related debt. Recent past proposals have included gas tax, statewide sales tax dedicated to transportation, and increasing specific ownership tax. Any proposal aimed at increasing revenue for transportation and/or transit remains difficult to pass the legislature. Any new tax, either by legislative referral or citizen initiative, would have to be approved by a majority vote at a statewide ballot under TABOR. Bill: Financing and New Revenue Lobbyist: Dianne Criswell Updated 111912017 Urban Renewal: Excluding Mineral Value from TIF HB 17-1016 allows a municipality to exclude property valuation attributable to the extraction of mineral resources located within the urban renewal area from the base calculation for urban renewal tax increment financing. The property tax collected will be distributed as if there was no urban renewal plan in effect. Bill: HB 17-1016, Excluding Mineral Value from TIF Sponsors: Reps. Matt Gray, D-Broomfield, and Lori Saine, A-Dacono Status: H. Finance Position: Support Lobbyist: Kevin Bommer Updated 112312017 Workers Compensation: Payment of Benefits to Employees of Uninsured Employers The bill creates the "Colorado Uninsured Employer Act" to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. Bill: HB 17-1119, Payment of Benefits to Employees of Uninsured Employers Sponsors: Reps. Tracy Kratt-Tharp, D-Arvada, and Lang Sias, A-Arvada; Sens. Jack Tate, A-Centennial, and Cheri Jahn, 0- Wheat Ridge https://www.cml .org/statehouse-report/ 14116 1/23/2017 Statehouse Report -CML Status: H. Business, Labor, Economic and Workforce Development Position: Neutral Lobbyist: Kevin Bommer Updated 712312017 Workers Compensation: PTSD CML will support legislation that creates a clear path to workers compensation for public safety employees, as well as legislation that would create a state-funded employee assistance program (EAP) for peace officers not covered by an employer-sponsored EAP. Discussions with the Fraternal Order of Police (FOP), Pinnacol, and the Colorado Self Insured Association (CSIA) have been very productive, and the League is optimistic this issue can be appropriately resolved in the 2017 session. Bill: PTSD Status: Not yet introduced Position: Support Lobbyist: Kevin Bommer Updated 711612017 https://www.cml.org/statehouse-report/ © 2013 Colorado Municipal League 1144 Sherman Street Denver, CO 80203 (p) 303-831-6411 or 866-578-0936 I (f) 303-860-8175 I cml@cml.ora 15/16 111oo-otc..-..eur.-- CML BOX SCORE -SUPPORT BILLS -2017 Bill# Staff Board/Policy Pl'd/Signed Position Short Title Sponsors Most Recent Status Committee HB17-Kevin PC to consider Support Exclude Value L. Saine IM. 1/18/2017 House 1016 Bommer -2/10/17 Mineral Resources Gray/R. Committee on Local Tax Increment Zenzinger I B. Government Refer Financing Division Martinez Amended to Finance Humenik HB17-Meghan PC to Support Study Drone Use J.Wilson 111712017 1070 Dollar consider-By Public Safety Introduced In House - 2110117 Agencies Assigned to Judiciary HB17-Meghan Board to Support Municipal Judge L. Liston 1/18/2017 1083 Dollar consider Advisement For Introduced In House - 1127117 Traffic Offenses Assigned to Judiciary HB17-Morgan PC to consider Support Prohibit Nuisance J.Ginal 1/19/2017 1102 Cullen -2/10/17 Exhibition Motor Introduced In House - Vehicle Exhaust Assigned to Transportation & Energy HB17-Kevin PC to consider Support Extend On-S. Lebsock ID. 1/24/2017 1123 Bommer -2/10/17 premises Retail Thurlow/V. Introduced In House - Alcohol Beverages Marble Assigned to Local Sales Hours Government SB17-Morgan PC to consider Support Rural Economic K. Donovan 1/11/2017 022 Cullen -2/10/17 Advancement Of Introduced In Senate - Colorado Towns Assigned to Finance SB17-Kevin Support Repeal Local K. Donovan I 1/11/2017 042 Bommer Government L. Guzman Introduced In Senate - Internet Service Assigned to Business, Voter Approval Labor, & Technology 5817-Meghan Support Consolidate Forest J.Cooke 1/11/2017 050 Dollar Risk And Health Introduced In Senate - Grant Programs Assigned to Agriculture, Natural Resources, & Energy SB17-Meghan Support Municipal R. Fields I J. 1/13/2017 066 Dollar Authority To Cooke/S. Introduced In Senate - Employ Police Lebsock IL. Assigned to Judiciary Saine 5B17-Meghan PC to Support Create L. Garcia I D. 1/13/2017 074 Dollar consider-Medication-Esgar Introduced In Senate - 2/10/17 assisted Assigned to Health & Human Services SB17-Meghan 085 Dollar PC to consider -2/10/17 Treatment Pilot Program Support Increase R. Zenzinger Documentary Fee & Fund Attainable Housing 1/18/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs ......... .,~ClllioWMd'ftllim CML BOX SCORE -OPPOSE BILLS -2017 Bill# Staff Board/Policy Pl'd/Signed Position Short Title Sponsors Most Recent Status Committee HB17-Dianne PC to consider Oppose Reduce Business T. Leonard/ 1/11/2017 Introduced 1063 Criswell -2/10/17 Personal Property L.Crowder I In House -Assigned to Taxes T. Neville State, Veterans, & Military Affairs+ Finance HB17-Meghan PC to consider Oppose Immunity K.Van 1/20/2017 Introduced 1112 Dollar -2/10/17 Unauthorized Winkle In House -Assigned to Practice Of Judiciary Profession HB17-Morgan PC to consider Oppose Local Government P. Buck/T. 1/26/2017 Introduced 1124 Cullen -2/10/17 Liable Fracking Neville In House -Assigned to Ban Oil And Gas State, Veterans, & Moratorium Military Affairs HB17-Meghan Oppose Hold Colorado D. Williams I 0/0/2017 Introduced 1134 Dollar Government V.Marble In House -Assigned to Accountable State, Veterans, & Sanctuary Military Affairs+ Jurisdictions Judiciary 5817-Dianne PC to consider Oppose Business Personal L.Crowder 1/11/2017 Introduced 009 Criswell -2/10/17 Property Tax In Senate -Assigned to Exemption Finance 5817-Meghan PC to consider Oppose Prescription Drug M. 1/11/2017 Introduced 032 Dollar -2/19/17 Monitoring Merrifield In Senate -Assigned to Program Access Judiciary 5817-Kevin PC to consider Oppose Marijuana Club V. Marble I J. 1/13/2017 Introduced 063 Bommer -2/10/17 License Melton In Senate -Assigned to Business, Labor, & Technology 5817-Dianne PC to consider Oppose Residential B.Gardner I 1/26/2017 Senate 078 Criswell -2/10/17 Storage Condo K. Van Committee on Finance Unit Property Winkle I J. Refer Amended to Taxation Melton Appropriations SB17-Meghan PC to consider Oppose Mobile Home J. Kefalas I J. 1/27 /20171 ntroduced 098 Dollar -2/10/17 Parks Gina I In Senate -Assigned to State, Veterans, & Military Affairs __ ..,.<'_'la\!rn.-- LIST OF CML FOLLOWED HOUSE BILLS -2017 SESSION **Positions are staff recommendations if "Policy Committee" or "Board" is noted Bill# Staff Board/Policy Pl'd/Signed Position Short Title Sponsors Most Recent Status Committee HB17-Kevin Neutral Employee Leave Attend Child's J. Buckner I A. Kerr 1/11/2017 Introduced In House - 1001 Bommer Academic Activities Assigned to Education HB17-Morgan Neutral Graywater Regulation Exemption J.Arndt/ J. 1/11/2017 lntroduced In House - 1008 Cullen For Scientific Research Sonnenberg Assigned to Agriculture, Livestock, & Natural Resources HB17-Dianne Neutral Restore Nonessential Articles Tax K. Van Winkle 1/26/2017 House Committee on 1009 Criswell Exemptions State, Veterans, & Military Affairs Postpone Indefinitely HB17-Dianne Neutral Election Offenses Committed By D. Williams I P. 1/31/2017 House Third Reading 1014 Criswell A Voter Rosenthal I K. Passed -No Amendments Donovan I 0. Hill HB17-Kevin PC to consider -Support Exclude Value Mineral Resources L. Saine I M. Gray I R. 1/18/2017 House Committee on 1016 Bommer 2/10/17 Tax Increment Financing Division Zenzinger I B. Local Government Refer Amended to Martinez Humenik Finance HB17-Dianne Support Extend Voter Approval Window D. Mitsch Bush I L 1/31/2017 House Third Reading 1018 Criswell For RTA Regional Transportation Liston I 8. Gardner Passed -No Amendments Authority Mill Levy HB17-Dianne Neutral Open Records Subject To P. Lawrence I B. 1/11/2017 Introduced In House - 1029 Criswell Inspection Denial Gardner Assigned to State, Veterans, & Military Affairs HB17-Morgan Neutral Update 1921 Irrigation District J. Becker I J. Arndt IR. 1/31/2017 House Third Reading 1030 Cullen Law Baumgardner I J. Passed -No Amendments Sonnenberg HB17-Meghan Neutral First Responder Peer Support J. Arndt I J. Cooke 1/26/2017 House Committee on 1032 Dollar Testimony Privilege Judiciary Refer Unamended to House Committee of the Whole HB17-Kevin Neutral Medical Marijuana License Issues D. Pabon/R. 1/30/2017 House Second Reading 1034 Bommer Baumgardner Laid Over Daily -No Amendments HB17-Meghan Neutral Concealed Carry In Public P. Neville I K. Ransom 1/11/2017 Introduced In House - 1036 Dollar Schools IT. Neville Assigned to State, Veterans, & Military Affairs HB17-Meghan Neutral Restorative Justice P. Lee ID. Kagan 1/11/2017 Introduced In House - 1039 Dollar Communication Issues Assigned to Judiciary HB17-Dianne Neutral Autocycle Characteristics & D. Mitsch Bush IN. 1/11/2017 Introduced In House- 1044 Criswell Safety Requirements Todd Assigned to Transportation & Energy HB17-Dianne Neutral Eliminate Property Tax D.Thurlow 1/11/2017 Introduced In House - 1049 Criswell Abatement Refund Interest Assigned to Finance HB17-Meghan Neutral Warrant Or Order For Electronic L. Landgraf 1/11/2017 Introduced In House- 1053 Dollar Communications Assigned to Judiciary HB17-Kevin Neutral Community-military Cooperation T. Carver I D. 1/11/2017 Introduced In House- 1054 Bommer Nordberg IN. Todd Assigned to Local Government HB17-Dianne Neutral Modify Definition Of Commercial J. Becker I J. Melton I 1/11/2017 Introduced In House- 1061 Criswell Vehicle R. Scott I N. Todd Assigned to Transportation & Energy HB17-Dianne PC to consider -Oppose Reduce Business Personal T. Leonard IL. 1/11/2017 Introduced In House - 1063 Criswell 2/10/17 Property Taxes Crowder I T. Neville Assigned to State, Veterans, & Military Affairs+ Finance HB17-Meghan Neutral Misuse Of Electronic Images By A Y. Willett IR. Fields 1/11/2017 Introduced In House- 1064 Dollar Juvenile Assigned to Judiciary HB17-Meghan Neutral Clarify Requirements Formation K. Lewis 1/11/2017 Introduced In House- 1065 Dollar Metropolitan District Assigned to Local Government HB17-Meghan Neutral Update National Standards D. Thurlow I A. Kerr 1/31/2017 House Third Reading 1067 Dollar Citations Accessible Housing Passed -No Amendments HB17-Dianne Neutral Prevailing Wages For COOT A. Benavidez 1/11/2017 Introduced In House - 1068 Criswell Colorado Department Of Assigned to Transportation & Energy Transportation Public-private Initiatives HB17-Dianne Neutral Subcommittee On Data Privacy T. Carver I J. Melton I 1069 Criswell K. Lundberg 1/17/2017 Introduced In House- Assigned to State, Veterans, & Military Affairs HB17-Meghan PC to consider -Support Study Drone Use By Public Safety J.Wilson 1/17/2017 Introduced In House - 1070 Dollar 2110117 Agencies Assigned to Judiciary HB17-Meghan Neutral Refund Monetary Amounts After c. Wist I P. Lee ID. 1/17/2017 Introduced In House- 1071 Dollar Vacated Conviction Kagan I B. Gardner Assigned to Judiciary HB17-Meghan Board to Support Municipal Judge Advisement For L. Liston 1/18/2017 Introduced In House - 1083 Dollar consider-Traffic Offenses Assigned to Judiciary 1/27/17 HB17-Dianne Neutral Voter Signature Verification & P. Neville 1/19/2017 Introduced In House - 1088 Criswell Electronic Petition Pilot Assigned to State, Veterans, & Military Affairs HB17-Meghan PC to consider -Support Tax Credit Employer-assisted J. Wilson 1/19/2017 Introduced In House - 1091 Dollar 2/10/17 Housing Projects Assigned to Business Affairs and Labor HB17-Kevin Neutral Telehealth Coverage Under P. Buck I D. Valdez IL 1/19/2017 Introduced In House - 1094 Bommer Health Benefit Plans Crowder Assigned to Health, Insurance, & Environment HB17-Meghan Neutral Repeal Ammunition Magazine L Saine IS. Humphrey 1/19/2017 Introduced In House - 1097 Dollar Prohibition IT. Neville I V. Assigned to State, Veterans, & Marble Military Affairs HB17-Kevin PC to consider -Neutral Owner Tax Obligation For District M. Gray 1/19/2017 Introduced In House- 1100 Bommer 2/10/17 Voter Eligibility Assigned to Local Government HB17-Morgan PC to consider -Support Prohibit Nuisance Exhibition J.Ginal 1/19/2017 Introduced In House - 1102 Cullen 2/10/17 Motor Vehicle Exhaust Assigned to Transportation & Energy HB17-Dianne Neutral Sales And Use Tax Exemption For D. Nordberg I D. 1/19/2017 Introduced In House - 1103 Criswell Historic Aircraft Pabon ID. Moreno I Assigned to Finance+ Appropriations B. Gardner HB17-Meghan PC to consider -Oppose Immunity Unauthorized Practice K. Van Winkle 1/20/2017 Introduced In House - 1112 Dollar 2/10/17 Of Profession Assigned to Judiciary HB17-Dianne Neutral State Treasurer's Auththority To J.Everett/J.Tate 1/20/2017 Introduced In House - 1114 Criswell Access PERA Public Employees' Assigned to State, Veterans, & Retirement Association Military Affairs Information Neutral I HB17-Meghan Continue Low-income Household M. Hamner I T. Exum I 1/20/2017 Introduced In House - 1116 Dollar Energy Assistance B. Martinez Humenik Assigned to Transportation & Energy I HB17-Kevin Neutral Payment Of Workers' T. Kraft-Tharp IL. Sias 1/20/2017 Introduced In House - 1119 Bommer Compensation Benefits I J. Tate IC. Jahn Assigned to Business Affairs and Labor HB17-Kevin PC to consider -Alcohol Beverage License Higher Y. Willett 1/20/2017 Introduced In House - 1120 Bommer 2/10/17 Education Campus Assigned to Public Health Care & Human Services HB17-Kevin PC to consider -Support Extend On-premises Retail S. Lebsock I D. 1/24/2017 Introduced In House - 1123 Bommer 2/10/17 Alcohol Beverages Sales Hours Thurlow IV. Marble Assigned to Local Government HB17-Morgan PC to consider -Oppose Local Government Liable Fracking P. Buck IT. Neville 1/26/2017 Introduced In House - 1124 Cullen 2/10/17 Ban Oil And Gas Moratorium Assigned to State, Veterans, & Military Affairs HB17-Dianne Neutral Exempt Feminine Hygiene S. Lontine I B. 1/26/2017 Introduced In House - 1127 Criswell Products From Sales Tax Martinez Humenik Assigned to Finance+ Appropriations HB17-Meghan Oppose Hold Colorado Government D. Williams/V. 0/0/2017 Introduced In House- 1134 Dollar Accountable Sanctuary Marble Assigned to State, Veterans, & Jurisdictions Military Affairs+ Judiciary HJR17-Morgan Neutral Water Projects Eligibility Lists J.Arndt/ J. 1/30/2017 House Committee on 1003 Cullen Sonnenberg Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole CML ... ~ ........ -ii t.1t<1~(Jr, ·~\1J·-.1. 1~~.\1 t ~ 4.f J~ . ··-.. ··-· ···-~·~-·----·~··---··-- ,,..,-..r~:rst'fll<!nmcn1 ... ,.. LIST OF CML FOLLOWED SENATE BILLS -2017 SESSION **Positions are staff recommendations if "Policy Committee" or "Board" is noted Bill# Staff Board/Policy Pl'd/Slgned Position Short Title Sponsors Most Recent Status Committee 5817-Meghan Neutral Handgun Safety Training For C. Holbert/ P. 1/30/2017 Senate Second Reading Laid 005 Dollar School Employees Neville Over to 02/03/2017 -No Amendments S817-Meghan Neutral Concealed Carry For Military J.Cooke/D. 1/11/2017 Introduced In Senate - 006 Dollar Under Twenty-one Years Of Nordberg Assigned to Judiciary Age S817-Meghan Neutral Repeal Ammunition Magazine V. Marble IS. 1/11/2017 Introduced In Senate - 007 Dollar Prohibition Humphrey I L Saine Assigned to State, Veterans, & Military Affairs SB17-Dianne PC to consider -Oppose Business Personal Property Tax L Crowder 1/11/2017 Introduced In Senate - 009 Criswell 2/10/17 Exemption Assigned to Finance SB17-Dianne Neutral Study Transportation Access K. Lambert IP. 1/31/2017 Senate Second Reading 011 Criswell For People With Disabilities Lawrence Passed with Amendments -Committee S817-Dianne Neutral Fire and Police Pension M. Jones I K. Van 1/30/2017 Senate Third Reading Passed 013 Criswell Association Multi-employer WinklelJ. -No Amendments Deferred Compensation Plan Danielson Document 5817-Dianne Neutral Limits On Underground Storage D. Coram I R. 1/11/2017 Introduced In Senate - 014 Criswell Tank Regulation · Baumgardner I J. Assigned to Transportation Becker SB17-Kevin Neutral Unlawful Marijuana I. Aguilar ID. Pabon 1/27/2017 lntroduced In House- 015 Bommer Advertising Assigned to Finance 5817-Kevin Neutral Allow Medical Marijuana Use I. Aguilar I J. Singer 1/30/2017 Senate Committee on State, 017 Bommer For Stress Disorders Veterans, & Military Affairs Refer Amended -Consent Calendar to Senate Committee of the Whole SB17-Morgan Support Rural Economic Advancement K. Donovan 1/11/2017 Introduced In Senate - 022 Cullen Of Colorado Towns Assigned to Finance SB17-Dianne Neutral Increase PenaltyTextingWhile L. Court/ J. Melton 1/25/2017 Senate Committee on State, 027 Criswell Driving Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only SB17-Meghan Neutral Prescription Drug Monitoring M. Merrifield 1/11/2017 Introduced In Senate - 032 Dollar Program Access Assigned to Judiciary SB17-Kevin Neutral Disaster Emergency Transfers K. Lundberg IM. 1/31/2017 Senate Third Reading Laid 034 Bommer From County General Funds Jones I H. McKean I Over Daily-No Amendments M. Foote SB17-Morgan Neutral Appellate Process Concerning R.Scott/J.Beckerl 1/11/2017 Introduced In Senate- 036 Cullen Groundwater Decisions J.Arndt Assigned to Agriculture, Natural Resources, & Energy SB17-Dianne Neutral Measure Voter Service And S. Fenberg 1/25/2017 Senate Committee on State, 037 Criswell Polling Centers Wait Times Veterans, & Military Affairs Postpone Indefinitely SB17-Meghan Neutral Registration Home Inspectors N.Todd 1/11/2017 Introduced In Senate - 038 Dollar Assigned to State, Veterans, & Military Affairs SB17-Dianne PC to consider -Neutral Public Access To Government J. Kefalas ID. Pabon 1/11/2017 Introduced In Senate- 040 Criswell 2/10/17 Files Assigned to State, Veterans, & Military Affairs SB17-Kevin Support Repeal Local Government K. Donovan I L. 1/11/2017 Introduced In Senate - 042 Bommer Internet Service Voter Guzman Assigned to Business, Labor, & Approval Technology SB17-Meghan PC to consider -Neutral Construction Defect Claim A. Williams A I K. 1/11/2017 Introduced In Senate - 045 Dollar 2/10/17 Allocation Of Defense Costs Grantham IC. Wist I Assigned to Business, Labor, & C. Duran Technology SB17-Morgan Neutral Additional Incentives Beneficial D.Coram 1/11/2017 Introduced In Senate - 047 Cullen Use Waste Tires Assigned to Agriculture, Natural Resources, & Energy SB17-Morgan Neutral Exempt Drains Designated B. Gardner IP. 049 Cullen Groundwater Requirements Lundeen 1/11/2017 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy S817-Meghan Support Consolidate Forest Risk And J.Cooke 1/11/2017 Introduced In Senate - 050 Dollar Health Grant Programs Assigned to Agriculture, Natural Resources, & Energy 5817-Meghan Neutral Revisions To Victims' Rights 8. Gardner I R. 1/13/2017 Introduced In Senate - 051 Dollar Laws Fields IM. Foote Assigned to Judiciary+ State, Veterans, & Military Affairs 5B17-Kevin Neutral Prohibit Discrimination Labor T. Neville/ J. 1/13/2017 Introduced In Senate - 055 Bommer Union Participation Everett Assigned to Business, Labor, & Technology 5B17-Kevin Neutral Employee Agent Purchase of R. Baumgardner I J. 1/31/2017 Senate Third Reading Passed 058 Bommer Alcohol Beverages Singer -No Amendments SB17-Dianne Neutral Roundabout Turn And Lane K. Lundberg 1/13/2017 Introduced In Senate - 059 Criswell Change Signal Assigned to Transportation SB17-Kevin PC to consider -Oppose Marijuana Club License V. Marble I J. 1/13/2017 Introduced In Senate - 063 Bommer 2/10/17 unless Melton Assigned to Business, Labor, & amended Technology 5817-Meghan Neutral License Freestanding J. Kefalas IS. 1/13/2017 Introduced In Senate - 064 Dollar Emergency Departments Lontine Assigned to State, Veterans, & Military Affairs 5817-Meghan Support Municipal Authority To Employ R. Fields I J. Cooke I 1/13/2017 Introduced In Senate - 066 Dollar Police S. Lebsock I L. Saine Assigned to Judici~ry SB17-Dianne Neutral Candidate Petition Information C. Holbert I K. 1/13/2017 Introduced In Senate - 069 Criswell Verify Electronic Process Study Ransom I J. Assigned to State, Veterans, & Military Coleman Affairs SB17-Dianne Neutral Voter Service And Polling J. Tate 1/13/2017 Introduced In Senate - 071 Criswell Centers Early Voting General Assigned to State, Veterans, & Military Election Affairs 5817-Kevin Neutral Convenience Fees Prohibition D.Moreno 1/13/2017 Introduced In Senate - 072 Bommer Assigned to Finance SB17-Meghan PC to consider Support Create Medication-assisted L Garcia I D. Esgar 1/13/2017 Introduced In Senate - 074 Dollar 2/10/17 Treatment Pilot Program Assigned to Health & Human Services SB17-Kevin PC to consider -Neutral Government Agency Special C. Jahn IT. Kraft-1/24/2017 Senate Committee on Local 077 Bommer 2/10/17 Event Permit Eligibility Tharp I Y. Willett Government Lay Over Amended SB17-Dianne PC to consider -Oppose Residential Storage Condo Unit B. Gardner I K. Van 1/26/2017 Senate Committee on 078 Criswell 2/10/17 Property Taxation Winkle I J. Melton Finance Refer Amended to Appropriations SB17-Kevin Neutral Rural Broadband Deployment K. Donovan I K. 1/13/2017 Introduced In Senate - 081 Bommer Becker I J. Arndt Assigned to Business, Labor, & Technology SB17-Meghan Neutral Regulation Of Methadone K. Lambert IP. 1/13/2017 Introduced In Senate- 082 Dollar Treatment Facilities Lundeen Assigned to Health & Human Services SB17-Kevin Neutral Rule Review Bill D. Kagan I M. Foote 1/18/2017 Introduced In Senate - 083 Bommer Assigned to Legal Services SB17-Kevin Neutral Coverage For Drugs In A Health C. Jahn ID. Esgar I J. 1/18/2017 Introduced In Senate - 084 Bommer Coverage Plan Singer Assigned to Health & Human Services SB17-Meghan PC to consider Support Increase Documentary Fee & R. Zenzinger 1/18/2017 Introduced In Senate - 085 Dollar 2/10/17 Fund Attainable Housing Assigned to State, Veterans, & Military Affairs SB17-Meghan PC to consider Neutral Authorize Local Governments S. Fenberg 1/18/2017 Introduced In Senate - 086 Dollar 2/10/17 lnclusionary Housing Programs Assigned to State, Veterans, & Military Affairs SB17-Morgan Neutral Allow Electric Utility Customers S. Fenberg 1/18/2017 Introduced In Senate - 089 Cullen Install Energy Storage Assigned to Business, Labor, & Equipment Technology SB17-Meghan Support Immunity Peace Officer R. Zenzinger I J. 1/18/2017 Introduced In Senate- 092 Dollar Background Checks Melton Assigned to State, Veterans, & Military Affairs S817-Dianne Neutral Operation Of Bicycles A. Kerr 1/18/2017 Introduced In Senate - 093 Criswell Approaching Intersections Assigned to Transportation S817-Meghan Reserve Peace Officer Academy K. Lambert IP. 1/27 /2017 Introduced In Senate - 096 Dollar Grant Program Lundeen Assigned to Judiciary SB17-Dianne Neutral Vacated Alleys Presume 8. Martinez 1/27 /2017 Introduced In Senate - 097 Criswell Included In All Deeds Humenik I J. Assigned to Judiciary Coleman SB17-Meghan Oppose Mobile Horne Parks J. Kefalas I J. Ginal 1/27 /2017 Introduced In Senate - 098 Dollar Assigned to State, Veterans, & Military Affairs Neutral K. Donovan 5B17-Kevin Catastrophic Plans In 1/27/2017 Introduced In Senate- 104 Bommer Geographic Rating Areas Assigned to Business, Labor, & Technology S817-Kevin PC to consider -Neutral Medical Marijuana Inventory T. Neville I M. Gray I 1/27/2017 Introduced In Senate- 111 Bommer 2/10/17 Shortfall Fixes D. Michaelson Jenet Assigned to Business, Labor, & Technology S817-Dianne Oppose Sales & Use Tax Payment To T. Neville ID. Pabon 1/27 /2017 Introduced In Senate - 112 Criswell unless Wrong Local Government Assigned to amended 5817-Kevin Support Cap Employer Contribution T. Neville I J. 1/27 /2017 Introduced In Senate - 113 Bommer Rates For PERA Public Everett Assigned to Finance Employees' Retirement Association Employers S817-Meghan Neutral Expand Law Enforcement J. Cooke IM. Foote I 1127 /2017 Introduced In Senate - 115 Dollar Exception Sexual Material Y. Willett Assigned to Judiciary S817-Meghan Neutral Concealed Handgun Carry T. Neville I K. Van 1/27 /2017 Introduced In Senate - 116 Dollar Without A Permit Winkle Assigned to State, Veterans, & Military Affairs S817-Morgan Neutral Recognize Industrial Hemp D.Coram/D. 1/27/2017 Introduced In Senate- 117 Cullen Agricultural Product For Valdez I M. Catlin Assigned to Agriculture, Natural Agricultural Water Right Resources, & Energy 5817-Meghan Neutral Require United States B. Gardner 1/27/2017 Introduced In Senate- 120 Dollar Citizenship For Colorado Peace Assigned to Judiciary Officers essie Danielson ,· ' j . ,. . J . ' '... . . l ) -. -i ' .. . ..... \. ! ~ • .• j ': l ~~-J ( ; . : ~ . ~ : .. l ! \~ :_ l ' : ·~ ·. • .... ' ' ~ . \ ~ ~ ' HOME WELCOME ABOUT JESSIE BILLS Contact "I want to /tear from you!" -Jessie Send Jessie an Email Capitol Offic.e: jessie.danielson.house@state.co.us Campaign: info@jessiedanielson.com Give Jessie a Call Capitol Office: 303.866.5522 Cell: 720.276.3468 Campaign Mailing Address Jessie Danielson for Colorado PO Box 93 Wheat Ridge, Colorado 80034 HELPFUL LINKS UPDATES Jessie Danielson for Colorado PO Box 93 GoVoteColorado.com Wheat Ridge, CO 80034 720.276.3468 Colorado Democratic Party Jessie's ActBlue page DISTRICT 24 CONTACT DONATE CONTACT rnck he"e to get :n touch. VOLUNTEER Click !"!ere to get !nvoived! CALENDAR See what's happening. TWITTER FEED Jessie Danielson jessiedanielson Historic day for Danielsons. Dad's '·*·'*"' Voting Information VolunteerJeffco.org birthday & his farm sale post-retirement. Got to try my hand at auctioneering to ... https://t.co/UHtCTK4bOm 3 days . reply . retweet . favorite jessiedanlelson RT @TheRealBuzz : Mike Collins and I stop to honor and remember the join the conversation By: Medical Jobs Paid For by Jessie Danielson for Colorado. Copyright © 2016. All rights reserved. Cherlb (I) JQ._I) Issues (!Issues.html) District Info (!district-Info.html) Contact (/contact.html) Contribute (!contribute.html) Gallery (/gallery.html) Newsletters (!newsletters.html) Stay in touch with Cheri Get Updates from Cheri: E d dress Subscribe Resources {/resources.html) Town Halls {/town-halls.html) Search I would love to hear from you. Feel free to give me a call or fill out the survey below and tell me what Is Important to you. Stay jn touch with Cherj and ta!se her survey! Cbttp·l!www syrveymonkey comtsaKS873U Email: senator@cheriiahn.com Cmailto:senator@cheriiahn.com) Phone: 303-866-4856 Malllng Address: State capitol 200 E. Colfax Ave. Denver, CO 80203