By-Laws Montrose County Citizens Advisory Committee Article I: Name The name of this committee shall be the Citizens Advisory Committee, hereinafter called the CAC or Committee. Article II: Authority The CAC is established under the authority of the Montrose County Board of County Commissioners ( BOCC or Board ) and serves at the pleasure of the Board. The Board, in its sole and absolute discretion, may dissolve the CAC. The CAC functions as a voluntary advisory body to the Board regarding decision-making activities within Montrose County by providing a non-governmental perspective on how policies and programs may affect citizens who live and work in Montrose County. The CAC shall possess no decision-making authority. The CAC shall be governed by and shall comply with the provisions of these By-Laws, as they now exist or as they may be hereafter amended from time to time by the Board of County Commissioners. Article III: Basic Foundation The CAC is composed of individuals representing various community agencies, organizations, and independent citizens that meet with the Board, elected officials, and county staff to provide input on county strategies, policies, and projects. Members communicate with their constituents to increase understanding of Montrose County policies and programs. The Board, not the Committee itself, will have complete discretionary control in the structure and organization of the CAC. Article IV: Purpose and Functions: The purpose of the CAC is to support and provide citizen involvement in County government by bringing together individuals of diverse backgrounds to serve as advisory representatives of the public interest. By representing citizen perspectives on County related issues, the CAC will provide input to the Board, department heads, and elected officials throughout the development of goals, objectives, policies, projects, and plans as they relate to Montrose County. Members of the CAC will participate in, and contribute to, the work of specific tasks or projects, as identified by the Board or County Manager. The Members will work to positively enhance collaboration and communication among and between all participants of the CAC, citizens of Montrose County, the Board, elected officials of the County, and County staff. In order to carry out its purpose, the CAC shall work to provide information and suggestions to assist the Board in its decision-making activities on issues that impact the citizens of Montrose County. Such activities may include, for example, at the discretion of Board: 1
public health, safety and welfare issues; bring particular concerns of the public, as desired by County citizens, to the attention of the Board and County Manager; review of proposed County programs and projects, both short-term and longterm; budgeting and capital needs; serve as a communication liaison and link, as needed, between the Board and stakeholder communities for input on various County programs and proposed projects; environmental and natural resource issues; energy and oil and gas development; other County issues as determined by the Board or County Manager. The CAC will also be a resource to County citizens, and may speak on their behalf, to the Board, County staff, and elected officials. The CAC may serve as a unified citizen s source to the Board, elected officials and County staff, in providing the opportunity to collectively brainstorm on County related topics on an as needed basis. The Board and the CAC will work together to provide the ability to address citizen concerns as well as being an outlet for receiving citizen feedback on county proposals, tasks, or other County related issues. The CAC will assist the Board in maintaining County accountability to the citizens. The Board and the CAC will strive to establish an open, honest, relationship based on trust. The Committee serves as an information gathering and sharing source; recommended solutions put forth by the Committee for resolving issues or problems will be considered by the BOCC. All solutions will be implemented by County staff under the direction of the BOCC. The BOCC and staff provide the Committee the ability to share information and ideas, but the meetings serve to inform the BOCC and staff of what information the Committee feels needs to be considered. The ultimate responsibility for resolving any issue will rest with the County. The Committee will meet with the BOCC and County staff to discuss issues of concern. Meetings will serve as an avenue for sharing information with staff and the BOCC and providing updates on the status of current projects and issues and potential solutions that may be utilized. It is in the discretion of the Board and County Manager to determine what issues and projects from the County will be brought to the CAC. Subject to applicable law and regulation, it is at the discretion of the Board, County Manager, and County Attorney to determine what issues may not be openly discussed in a public meeting. The CAC shall have no authority to enact or implement County policy and the Board is under no obligation to adopt CAC recommendations. Article V: Members: A. The CAC shall be composed of ten (10) members appointed by the Montrose County Board of County Commissioners. The membership in the CAC may be increased or decreased at the discretion of the Board. Members serve in a voluntary capacity, and are appointed by the Board following review of letters of interest submitted to the Board by individuals interested in 2
serving on the CAC. No member shall be an official representative of any agency, business or association, either government or private. B. Members shall represent a cross section of individuals and organizations with interests and concerns about the county. The interests may include, but are not limited to, agriculture, energy, environmental, planning/smart growth, business, public health, public lands, and residents representing the City of Montrose, the Town of Olathe, the Town of Naturita, and the Town of Nucla. C From time to time, the Board may elect to appoint guest members to serve for a specified period of time for a specific purpose or project. Selection criteria shall be based on the needs and interests of the CAC. Such guest members may participate in all activities and functions of the regular CAC members. D. Criteria for Appointment to the CAC: The Board of County Commissioners shall be encouraged to assure that each member meet the following criteria prior to appointment to the CAC: 1. Is a citizen of, and resides in, the County of Montrose, Colorado; 2. Has experience in the specific interest area for which the individual will be appointed to represent; 3. Is willing to assume responsibility for communicating with major interest groups and the general public on County related items; 4. Is committed to attending regular meetings between the CAC and the Board. 5. Is not serving as an official representative of any special interest group or association, or of any agency, business or association, either government or private. 6. Is willing and able to communicate and work collaboratively and positively with other members of the CAC, County citizens, the Board, elected officials, and County staff on diverse issues and projects and in the best interest of all parties. E. Any member may resign from the CAC on thirty (30) days written notice to the chairman of the Board. Upon resignation of a member, the Board may appoint a new member from prior letters of interest received, or may solicit new letters of interest from citizens wishing to serve. VI: Term of Office The members of the CAC shall be appointed by the Board to serve a two-year term or until their successors are appointed by the BOCC. The initial appointment of members to the CAC will designate 50% of the members to serve a one-year term; the remaining 50% of members will serve the full two-year term in order to establish staggering terms for appointment. Following the initial appointment of members, all terms of appointment will be for a period of two years. At the conclusion of any term of appointment, the BOCC may reappoint the individual or may 3
appoint a new representative. Vacancies on the CAC shall be filled by the Board by appointment at the earliest practicable date after receiving notice of such vacancy. The members of the CAC serve at the will of the Board and the Board reserves the right, in its sole and absolute discretion, to remove a member of the CAC for any or no reason, upon a consensus of a majority of the Board. Expenses incurred by members of the CAC for purposes directly associated with the CAC on behalf of the County will be covered by the County with prior approval, in writing, by the County. Reimbursement of such expenses will be made only after submission of an itemized invoice, including official dated receipts, to the County Manager for payment through the County Financial Department. Reimbursement to persons or for expenses not directly associated with the CAC will not be covered by the County. VII: Chairperson and Vice-Chairperson The committee chairman and vice chairman will be responsible for directly interfacing with the BOCC and disseminating information as necessary. The chairperson of the CAC shall be appointed by the BOCC annually at the first meeting of the CAC of the new-year. The chairperson will serve for a period of one-year unless otherwise determined by the BOCC. A vice chairperson will also be appointed by the BOCC at the first meeting of the new-year and will normally serve one-year terms as identified above. The vice-chairperson shall serve as a chairperson in the absence of the chairperson. In the event the chairperson is unable to continue to serve, the vice-chairperson shall assume the chairperson s duties until a new chairperson is appointed. Election of new officers shall take place annually at the first meeting of the year. VIII: Meetings and Voting: The BOCC and the CAC meeting frequency will be determined by the BOCC on an as needed basis in order for the CAC to bring forth issues of concern and obtain status updates as to previous issues that have been resolved or are still in progress. The meeting schedule will provide the Committee the timely ability to meet with the BOCC and County staff on important issues and provide the opportunity for topics of conversation to develop for the next meeting. The BOCC or County Manager, at their sole and absolute discretion, may request the Committee to come together for a special meeting to serve in an advisory capacity for an isolated issue. At that time, the BOCC will clearly define the authority of the group on the specific task. The BOCC or County Manager alone will determine the closing of an issue or project put before the Committee. All meetings shall be noticed in advance and open to the public. Members of the public may bring matters of concern to the CAC on topics relevant to the purpose and business of the CAC and County. A quorum for the transaction of any business to come before the CAC shall be a majority of the members, and business may be transacted by a majority vote of those present. Minutes of the 4
meetings held by the CAC will be kept by County Administration, and shall be available to the public if requested. If a matter before the CAC requires a vote of the members, voting shall be by a show of hands upon the call of the Chair. Each member has one vote, and a majority of votes carries the action voted on. Proxies will not be honored for the determination of a quorum nor for voting on matters of business before the CAC. Business of the CAC shall be conducted only in public meetings. Any meeting may be adjourned from time to time to a specific day upon motion duly made and carried. No notice of any adjourned meeting need be given except by announcement in open meeting. On questions of parliamentary procedure not covered by these By-Laws, the most recent available edition of Robert s Rules of Order shall govern. At each meeting, the order of business, so far as applicable, shall be as follows: 1. Determination of quorum 2. Presentation for approval of unapproved minutes from prior meetings 3. Public comment period on non-agenda items 4. Old business and subcommittee reports 5. New business 6. Next meeting date 7. Adjournment The final meeting of a year shall be for the purpose of annual review of the work and projects of the CAC with the County Manager, or designee, and members of the Board. An annual written report of the projects and accomplishments of the CAC of the preceding year shall be compiled and submitted to the Board at the first Board meeting of the succeeding year. IX: Agenda Items Matters may be placed on the agenda for consideration at meetings of the CAC by any of the following: A) A County Commissioner B) The County Manager C) The CAC Chairperson D) A member of the CAC X: Ethics: Membership on the CAC shall be considered as service for the benefit of the public, and no member, including officers of the CAC, shall receive any salary or compensation for their service. Members shall be required to sign the standard Montrose County conflict of interest policy. 5
On all matters in which a member has a financial, personal or official interest in, or conflict with any matter pending before the CAC, that member shall abstain from discussion and voting on the matter. The member shall disclose, except where it violates a confidence, the general nature of the conflict. The minutes shall so record the conflict and abstention, and the member shall voluntarily excuse him/herself from the presence of the CAC. The management and administration of Montrose County is established and functions under its Board of County Commissioners, County management and administration. Neither the CAC, nor its individual members, shall intrude into the management or administration of any department or the duties of elected officials or County staff. Committee members shall not accept gifts or other favors from any individuals, agencies, groups, businesses, corporations, or institutions concerned with matters which are, or may come, before the CAC. Members of the CAC shall conduct themselves in a professional, fair, courteous, and civil manner at all times related to the business of the CAC. XI: Amendments: These By-Laws may be altered, amended, or repealed from time to time through formal action by the Board of County Commissioners only. The CAC may make recommendations in writing to the Board regarding changes or amendments to these By-Laws. APPROVED AND ADOPTED this day of, 2009 by the undersigned Board of County Commissioners of Montrose County, Colorado. BOARD OF COUNTY COMMISSIONERS ATTEST Francine Tipton-Long Montrose County Clerk & Recorder David White, Chairman Gary Ellis, Vice-Chairman Ron Henderson, Commissioner 6