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Home My WebLink AboutOrdinance-1980-0425INTRODUCED BY COUNCILMEMBER ORE ORDINANCE NO. 425 Series of 1980 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 2-17 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE RELATING TO QUALIFICATIONS OF MEMBERS, APPOINTMENT AND TERMS OF MEMBERS, REMOVAL FROM COMMISSION, AND VACANCIES AS THEY RELATE TO CITY BOARDS AND COMMISSIONS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO-. Section 1. Section 2-17 of the Code of Laws of the City of Wheat Ridge is hereby repealed in its entirety, and in its place and stead is hereby enacted the following: Section 2-17. Qualifications of members; appointment and term of members; removal from commission; vacancies. (a) Members of all boards and commissions shall be residents of the city and registered voters. Members of all boards and commissions shall be at least eighteen years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall hold elective governmental office for the city or be employed by the city during tenure as a member of a board or commission. No board or commission member shall simultaneously serve on more than one city board or commission. (b) All boards and commissions, EXCEPT THE BOARD OF ADJUSTMENT, shall consist of ne-mere-than eight REGULAR members, eens}st€ng-a€-ne-mere-than-€3~e-regular-mem3~ers and-no -mere-than-three- alternate-members to be appointed by a majority vote of the members of the city council. W-ith-in-thlrtp-days- e€-the-e€€eet3~e-elate-e€-th$s-artlele €3~e-regular-members-shall-3~e-appelnted-te-eaeh-bearel-er eamrrtsssler;-ere-appel~ttee-shall-te-eles3gnated-to-serge a-ere-pea--term-a€-a€€€ee;-t6ae-appesrtees-shat}-~e-deslg- nated-te-serge-a-t~ae-pear-term-e€-e€€lee;-tbae-appelntees shall-be-designated-te-serge-a-three-pear-term-e€-e€€lee. Within-th€rtp-daps-e€-the- e€€eeti~e-elate-e€-this-artiele, three-alternate-members-sha}l-3~e-designated-te-eaeh-teard er-eemrttissien--one- alternate-appe3rtee-shall- he-designated te-serve-a-ene-pea--term- e€-e€€iee;-ene-alternate-appointee sha}l-be-des grated-te-serge-a-t6re-pea--term-e€-e€€iee;-ene alterrate-appeirtee-sha}}-be-des}grated-te-serge-a-three- pear-term-e€--F3per-eXpiratien-e€-the- €irst-test here€r-prey}ded;-all-sahsegt~ent-appeirtments-s~tal}-be-€er €hree-pear-perieds. Regular members of all boards and commissions shall have equal voting strength on their respec- tive board or commission, and shall be authorized to attend, participate in, and vote at their respective board or commission meetings. Alternate-members-shall- be-allewed-te attend- and- te-partlelpate-in-all-board- and- eemmissien rrteet~rgs-e€-the€r~~c=t=ire-heard-er-eemm}sslen;-3~at-eha}} ret-be-ent€tied-te-mete---Alternate-members-shall-he anther€$ed-te-mete-at-heard-er-eemm}ssien-meet€ngs-ir-the event- that-a-regular-beard-er-eemm€sslen-mem35er,-Mahe-is-€n geed-stardirg,-€s-al3ser€-€next-a-partieralar-meet}ng-w~tex-a Vete-ls-taken---Des lgnat#en-a€-an-alternate-vet€ng-mernl9er shall-be-made-bp-the-3~eard-er-eemm€seler-ehairman. THE Ord. #425 Page - l - ATTENDANCE OF FIVE REGULAR MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF 3USINESS AT EACH MEETING OF SUCH BOAP.DS OR COMMISSIONS, AND THE AFFIRMATIVE VOTE OC A SIMPLE MAJORI'T'Y SHALL BE REQUIRED TO ADOP`i ANY MOTION OR MAKE OR RATIFY ANY DECISION OF THE BOARD OR COMAISSIOiN. Members OF SUARDS AND COMMISSIONS SHALL SERVE TERMS OF THREE YEARS, AiID SUCH MEMBERS may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve appreximate equal representation from each council district to each board or commission. ALL IMEMBERS OF BOARDS OR COMMISSIONS PRESENTLY SEI<VIiJG SHALL BE ENTITLED TO COMPLETE THE T'ER1"I FOR WHICH THEY 4ERE APPOINTED, AND biiALL BE SUBJECT TO REAPPOINTMENT AT THE DISCRE'T'ION OF CI2Y COUNCIL. (c) TilL BOARD OF ADJUSTMEtIT SHALL BE COMPOSED OF FIVE REGULAR MEMBERS, AND THREE ALTERNATE MEMBERS. NOTWITHSTANDING A14Y OTHER PROVISIONS OF THIS SECTION 2-17, A QUORU111 FOR THE T'RANbACTICA OF BUSINESS BY THE BOARD OF ADJUS`,,',TENT SHALL BE FOUR MEMBERS. AN AFFIRMATIVE VOTE OF FOUR MEMBERS IS REQUIRED 'TO ADOPT A14Y MOTION OR RAKE OR RATIFY ANY DECISION OF THE BOARD CONCERNING Ai1Y MATTER BEFORE THEM AS A PUBLIC HEARING. MEMBERS OF THE BOARD OF ADJUSTHENT, WHETHER REGULAR OR ALTERNATE MEMBERS, SHALL BE SELECTED ICI THE SAME MANNER AS DESCRIBED 114 SUBPART (B) HEREOF. ALTERNATE MEMBERS SHALL BE ALLO4iED TO ATTEi10 AND TO PARTICIPATE ILd ALL 30ARD AL STINGS OF THEIR RESPECTIVE BOARD, BUT SHALL NO'i di ENTITLED 'TO VOTE. ALTERNATE 11EMBERS SHALL BE AUHTORIZED TO VOTE AT BOARD MEETINGS IN '1HE EVENT THAT A REGULAR BOARD MEMBER, v4HO IS IN GOOD STANDING, IS ABSENT FROM A PARTICULAR HEETING WHEN A VOTE IS 'T'AKEN, PROVIDING THAT SAID ALTERNA'T'E HAS HEARD THE ENTIRE CASE. DESIGNATION OF AN ALTERNATE VOTING AEABEk SHALL BE MADE BY THE BOARD CHAIRMAN. IN THE EVENT OF ABSENCE OR ABSTAINING FROM VOTING BY A REGULAR MEMBER, THE ALTERNATE MEMBER WITH THE MOST SENIORITY ILI TERNS OF SERVICE ON THE BOARD SHALL BE DESIGNATED THE VO'iING MEMBER. THE PERSON WHO HAS SERVED AS AN ALTERNATE FOR THE LONGEST PERIOD OF TIME SHALL MOVE TO THE REGULAR POSITION IN CASE OF A VACANCY, PROVIDING THAT EACH DISTRICT SHALL BE REPRESENTED BY ONE REGULAR MEMBER AT ALL TIMES. (d) Any board or commission member may resign his term of office at will. Any board or commission member may be removed from office by the city council, after public hearing before said council, by majority vote, for reasons of inefficiency, neglect of duty, malfeasance in office, or violation of established rules and procedure. Any time a member of a board or commission is absent a sufficient number of times to cause the chairman of the board or commission, or a member of the boars] or commission, to believe that said aosences are impairing the proper functioning of the board or commission, the chairman of the board or commission shall notify the city council, which shall hold a hearing to determine if said member shall be removed for neglect or duty. Any board or commission member who shall change nis personal residence to an address outside the city or the district he represents shall cease to be a member of the board or commission, and his seat shall automatically be deemed vacated aE of the date on which he ceased to be a resident of the city or of the said district. Vacancy on any board or commission, whether resulting from resignation, reinoval by the council or other cause, may be filled by a new appointment by the city council. Such appointment shall be for tnat portion of time remaining in the term which the new member has been appointed to fill. (e) UPON APPOINTMENT TO A CITY BOARD OR COMMMISSIONr THE MLHBER SHALL 13E PROVIDED A PACKET OF MATERIALS PREPARED BY THE DI]PARTME1,4T WHICH WORKS 41TH THAT BOARD OR COMMISSION, TO ENABLE THE MEe1BER TO BETTER CARRY OUT HIS/HER FUNCTION AND DUTIES. SAID MATERIALS SHALL INCLUDE, 41TIiUU2 LIMITATION, COPIES OF THE RULES OR BY-LAvIS OF THE BOARD OR C01MMISSION, ALL RELEVANT ORDINANCES AND/OR CHARTER PROVISIONS, AND ANY OTHER MATERIALS DEEMED RELEVANT BY STAFF OR CITY COUNCIL. UPON ASSUMING HIS/TIER PLACE AS A MEMBER OF A BOARD OR COMMISSION, EACH i,1EMBER SHALL 'T'AKE AN OATH, ADMINISTERED BY THE MAYOR AT A REGULARLY SCHEDULED COUNCIL MEETING, THEREBY S~,IEARING OR AFFIRMING TO UPHOLD THE CONSTITUTION OF THE UNITD STAPES AND THE STATE OF COLORADO, AND THE CHARTER ALyD ORDINANCES OF THE CITY OF WHEAT RIDGE. Ord. #425 PAGE THREE Section 2. Safety Clause. The City Council hereby finds, deter- mines and declares that this ordinance is promulgated under the police power of the City of Wheat Ridge; that it is promulgated for the health, safety and welfare of the public, and that this ordinance is necessary for the preservation of health and safety for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to these objectives. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance will take effect 1 day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of -f~_ to n this 13th day of October , 1980; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 27 , 1980, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 27th day of October , 1980. ADOPTED on rehearing this 24th day of Nov., 1980 by a vote of 8 to 0. SIGNED by the Mayor on this 28th day of actober , 1980. SIGNED by the Mayor after rehearing on this 26th day of Nov., 1980. Frank Stites, Mayor ATTEST: Frank Stites, Mayor 7 ATTEST: ` n Carol F. Hampf, City 1 k - - C CD r c. c C l 1st Publication Oct. 16, 1980 Carol F. a pf, Cit Clerk 2nd Publication October 30, 1980 N ca Wheat Ridge Sentinel Effective Date 6cto-b2r-f?8{3- Dec. 5, 1980 Published on Rehearing Dec. 4, 1980 ;a APPROVED AS TO FORM rv BY OFFICE OF CITY ATTORNEY: t ~ Y On November 10, 1980 a motion for reconsideration of this ordinance was passed:;_1 Rehearing on reconsideration to be held on November 24, 1980. C-0