Municipal Code - Chapter 2

CHAPTER 2.  ADMINISTRATION.

ARTICLE 1.  GENERAL PROVISIONS.

Sections:

2-1                      Oath of officers.

2-2                      Disbursement of money.

2-3                      Annual audit of accounts.

2-4                      Public works - Authorization.

2-5                      Public works - Necessity determined by Council; assessment.

2-6                      Contracts - Approval by Council; letting.

2-7                      Venue of action on contract.

2-8                      Contract modifications - Authorization by City Manager.

2-9                      Contracts

2-10                    Interdepartmental services.

ARTICLE 2.  THE MAYOR.

2-11                 Mayor as Official head of City; duties; civil process.

2-12                 Mayor - Salary.

ARTICLE 3.  THE CITY COUNCIL.

DIVISION 1.  COUNCIL MEETINGS.

2-13                 Council Meetings - Time and place.

2-14                 Special Council meetings - Notice.

2-15                 Council meetings - Rules and order of business.

DIVISION 2.  IN GENERAL.

2-16                 Council officers.

2-17                 Council members - Salary

2-18                 Administrative officers; departmental and personnel charts.

ARTICLE 4.  THE CITY MANAGER.

2-19                 City Manager - Duties generally.

2-20                 City Manager - Supervision and approval of public works.

2-21                 City Manager - Liaison among levels of government.

2-22                 City Manager - Ex-officio member of all City agencies.

2-23                 Assistant City Manager; appointment; duties.

2-24                 City Manager - Director of Budget; procedure for budget adoption.

ARTICLE 5.  THE CITY CLERK.

2-25                 City Clerk - Duties.

2-26                 City Clerk to maintain office hours.

ARTICLE 6.  THE CITY ATTORNEY .

2-27                 City Attorney - Duties; special counsel.

2-28                 City Attorney - Prosecution of suits and execution of judgments.

2-29                 City Attorney - Appeal of cases.

2-30                 City Attorney - Right to be heard on motions before Council.

ARTICLE 7.  DEPARTMENT OF PARKS, BOULEVARDS AND RECREATION.

2-31                 Department of Parks, Boulevards and Recreation - Superintendent in charge

ARTICLE 8.  LIBRARY DEPARTMENT.

2-32                 Library Department.

ARTICLE 9.  DEPARTMENT OF PUBLIC SAFETY.

2-33                 Department of Public Safety - Director in charge.

DIVISION 1.  POLICE DEPARTMENT.

2-34                 Creation; composition.

2-35                 Departmental rules and regulations.

2-36                 Appointment, powers, and duties of Chief.

2-37                 Duties of Police Officers.

2-38                 Oath.

2-39                 Uniforms.

2-40                 Duty of citizens to aid.

2-41                 Extraterritorial duty.

2-42                 Reserve Police; appointment; powers.

DIVISION 2.  FIRE DEPARTMENT.

2-43                 Fire Department - Chief in charge.

2-43.1              Firemen’s pension.

2-43.2              Additional benefits for firemen.

ARTICLE 10.  MUNICIPAL UTILITY DEPARTMENTS.

2-44                 Utility Departments.

2-45                 Power and Light Department.

2-46                 Water and Sewer Departments.

ARTICLE 11.  DEPARTMENT OF PUBLIC WORKS.

2-47                 Department of Public Works - City Engineer as director.

DIVISION 1.  STREET AND BRIDGE DIVISION.

2-48                 Street and Bridge Division - Supervisor in charge.

DIVISION 2.  INSPECTION DIVISION.

2-49                 Inspection Division - Building Inspector in charge.

DIVISION 3.  GENERAL MAINTENANCE DIVISION.

2-50                 General Maintenance Division - Supervisor in charge.

ARTICLE 12.  DEPARTMENT OF FINANCE AND ACCOUNTING.

2-51                 Department of Finance and Accounting - Finance Director in charge.

2-52                 Duties of Finance Director.

2-53                 Finance Director's report to Council

2-54                 Description of bills and payroll; authorization by City Council; action; utilization of  signature facsimile.

2-55                 Purchasing Agent - Duties.

2-56                 Withdrawal of supplies from City storerooms.

ARTICLE 13.  AGENCIES, BOARDS, BUREAUS AND COMMISSIONS.

2-57                 Library Advisory Board.

2-58                 Establishment of a Park and Recreation Advisory Board.

2-59                 Other agencies may be created by Council.

2-59.1              Arts and Culture Advisory Commission.

2-60                Corazon de Trinidad Historic Main Street Board established.
2-60.1              Space to Create Commons Oversight Board established.

ARTICLE 14.  RETIREMENT AND PENSIONS.

2-61                 Repealed

ARTICLE 15.  CONFISCATED, STOLEN, LOST AND ABANDONED PROPERTY.

2-62                 Definitions.

2-63                 Director deemed custodian.

2-64                 Property held as evidence.

2-65                 Notification of owner.

2-66                 Disposal of unclaimed property when.

2-67                 Reclaiming property.

2-68                 Failure to claim property.

2-69                 Advertisement.

ARTICLE 16. OTHER PERSONNEL REGULATIONS

2-70                 Repealed

ARTICLE 17. CODE OF CONDUCT AND CODE OF ETHICS

2-71                 City of Trinidad Code of Conduct and Code of Ethics

ARTICLE 18. COLLECTIVE BARGAINING

2-74                 Procedure of Bargaining Units – elections and recognition

 

CHAPTER 2.  ADMINISTRATION.

ARTICLE 1.  GENERAL PROVISIONS.

Section 2-1. Oath and bond of officers.

Before entering upon the duties of their respective offices, the City Manager, City Attorney, Municipal Judge, and such other officers and employees as the Council may require, shall each take and subscribe to the oath of office to support the Constitution of the United States and the Constitution of the State of Colorado, and to faithfully discharge the duties of their offices to the best of their skill and ability.

Section 2-2. Disbursement of money.

(1) All claims and demands against the City, together with all supporting documentation, shall be submitted to and audited by the Finance Director.  No money shall be drawn on any City Account except upon warrant checks signed by the City Manager and the City Clerk and countersigned by the Mayor.  Every warrant check shall specify the fund from which it is payable and the bank account on which it is drawn.  No warrant check shall be drawn which will overdraw the cash balance of the fund from which it should be paid.

(2) REPEALED (Ord. 1684, eff. 3/29/02)

Section 2-3. Annual audit of accounts.

Not later than thirty (30) days after the close of each fiscal year, the City Council shall cause an annual audit to be made of the accounts of all funds of the City by certified public accountants.  Such audit shall be conducted in accordance with procedures and guidelines set by the State.

Section 2-4. Public works - Authorization.

The Council may authorize any public work or public improvement by the employment of the necessary labor and the purchase of the necessary supplies and materials with separate accounting as to each improvement so made, or to do such work by contract duly let after competitive bidding.  The Council may also authorize any public work or any public improvement to be done under any legally constituted plan in which the labor is furnished by any other governmental unit, department or agency of the United States or the State of Colorado, and the necessary supplies and materials therefor provided by the City.

Section 2-5. Public works - Necessity determined by Council; assessment.

When the Council shall so direct by resolution upon its own initiative or when an advisory petition shall be presented to it requesting the making of any local or public improvement, it shall be referred to the City Manager, who shall report thereon to the Council, which shall determine by resolution the necessity of doing such work or making such improvement.  If the Council determines in favor of the work or any part thereof, it may fix the limits of the special assessment and the district or districts therefor which shall include all the lots and premises fronting, touching, or abutting thereon and in case of sidewalks, pavement or other improvements, such as parking lots, shall include such lots, blocks or premises lying contiguous to each other as will, in the opinion of the Council, be benefitted thereby.

Section 2-6. Contracts - Approval by Council; letting.

Whenever it becomes desirable for the City to enter into a contract for public improvement with a second party, such instrument shall be drawn and approved as to form and content by the City Attorney.  Each contract shall provide for public liability and property damage insurance; and worker's compensation insurance required by the laws of the State of Colorado; and performance and payment bonds.  The letting and making of such contracts is hereby vested in the Council.  The Council, in its discretion, shall have the power to reject any or all bids, provided, that except in the case of emergency, all contracts calling for an expenditure of more than Five Thousand Dollars ($5,000.00), for public improvement, shall be by bid only.  Copies of all contracts shall be filed in the Office of the City Clerk.

Section 2-7. Venue of action on contract.

(1) Any contract entered into by the City and a second party shall contain the clause:  "Venue of any action in law or equity brought under the terms of this contract shall be in the District Court sitting in and for the County of Las Animas, State of Colorado, and by the signing of this agreement, the parties consent hereto that the said venue shall be Las Animas County, Colorado."

(2) Any contract which does not contain the clause described in subsection (1) above shall nevertheless be a valid obligation of the City, even though said clause was otherwise required and regardless of the date upon which said contract was entered into. (Ord. 1211, Sec. 2-7 (2), enacted eff. 8/18/81)

Section 2-8. Contract modifications - Authorization by City Manager.

When it becomes necessary, in the prosecu tion of any work or improvement done under contract, to make alterations or modifications to such contract, such alterations or modifications shall be made only upon authorization of the City Manager.  No such alteration or modification shall be effective until the price to be paid for the material and/or work under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the City Manager.  A copy thereof shall be attached by the City Clerk to the original contract on file in his/her office.

Section 2-9. Contracts.

The City shall not make any contract with any person who is in default to the City. (Ord. 1797, Sec. 2-9 repealed and reenacted eff. 8/26/05)

Section 2-10. Interdepartmental services.

Each department of the City shall be charged with providing service to other City departments in like manner as the same is being rendered to the general public.

ARTICLE 2.  THE MAYOR.

Section 2-11. Mayor as Official head of City; duties; civil process.

(1)  The Mayor shall serve as official head of the City and shall serve as Chairperson of the City Council.

(2)  The Mayor shall perform all the ceremonial duties as official head of the City.

(3)  The Mayor may accept service of civil process on behalf of the City.

Section 2-12. Mayor - Salary.

Beginning on January 2, 2008, the salary of the Mayor shall be Eight Hundred Fifty Dollars ($850.00) per month as and for full compensation for services rendered as Mayor of the City. (Ord. 1832, Sec. 2-12, enacted eff. 7/3/07)

State law references :  As to power of Council to establish salaries, see C.R.S. 1973 Section 31-3-218.

ARTICLE 3.  THE CITY COUNCIL.

DIVISION 1.  COUNCIL MEETINGS.

Section 2-13. Council meetings - Time and place.

The City Council shall hold its regular meetings on the first and third Tuesdays of each month at 6:00 p.m. The regular place of meetings shall be the Council Chambers in the City Hall. However, when any such meeting might fall upon any legal holiday or on the date of the State general election, the Primary election, or the City's regular election, the meeting shall be held on the following evening at the same hour.  This section shall not preclude the City Council from re-scheduling a regular meeting due to other reasonable circumstances that merit the change. (Ord. 1999, Sec. 2-13 repealed and reenacted, eff. 3-15-16)

Section 2-14. Special Council meetings - Notice.

Whenever a special meeting of the City Council of the City of Trinidad is called, a written notice shall be given to each member of the Council by the City Clerk, of the time and place of such special meeting.  The notice shall be served at least twenty-four (24) hours prior to the time when such special meeting shall be held.  The notice may be served personally or left at the Council member's usual place of residence.  Notice of such meeting shall be posted in two (2) public places. (Ord. 1462, Sec. 2-14 enacted eff. 3/1/94)

Section 2-15. Council meetings - Rules and order of business.

The following rules and order of business shall govern at Council meetings:

(1) Meeting nights. The City Council shall hold its regular meetings on the first and third Tuesdays

of each and every month at 6:00 p.m., except as set forth in Section 2-13;

(2) Rules of procedure. The rules of procedure and order of business shall be strictly adhered to by the City Council, unless they shall be temporarily suspended by a vote of the majority of the members present;

(3) Special meetings. The City Clerk shall call special meetings of the Council upon written request of the Mayor or any two (2) members of the Council, as provided by the Home Rule Charter;

(4) Mayor as Mayor of the Council. The Mayor shall preside at all meetings of the City Council and shall be entitled to a vote as other members of the Council. In the case of the absence of the Mayor, the Mayor Pro Tem shall preside, and have the same power as the Mayor;

(5)  What constitutes a quorum. At any regular or special meeting of the City Council a majority of the entire membership shall constitute a quorum to do business, but a minority may adjourn from day to day. A member of the City Council may participate in regular and special meetings by telephone or other electronic means subject to the following limitations:
a) Non-Emergency Situations. A member of City Council may listen by telephone or other electronic means to any Council meeting. Such Council member listening via telephone shall be deemed present for purposes of determining a quorum, but only for meetings during which no quasi-judicial matters will be heard or considered. The member of City Council may not participate nor vote in a quasi-judicial public hearing; however, the Council member may maintain the electronic connection and monitor and listen to the hearing. The member of City Council may participate and vote in legislative matters. Members of Council may participate electronically during an executive session. Non-emergent electronic participation shall be limited to no more than two (2) consecutive meetings and no more than four (4) posted City Council meetings per calendar year. This limitation may be waived in the event of unforeseen circumstances at City Council’s sole discretion.
b) Emergency Situations. In the event a quorum is unable to meet at the day, hour, and place fixed by the rules and procedures of the City Council because meeting in-person is not practical or prudent due to an emergency affecting the City, meetings may be conducted by telephone, electronically, or by other means of communication so as to provide maximum practical notice. To the extent possible, full and timely notice must be given to the public setting forth the time of the meeting.

c) Council members shall endeavor to advise the City of their intent to participate electronically at the earliest possible time prior to the meeting.

d) The City Council may discontinue the use of electronic participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e.g., where the telephone connection or connection by other electronic means is repeatedly lost, the quality of the connection is unduly noisy or otherwise problematic to the conduct of the meeting, or the listening member is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. (Ord. 3000, Sec. 2-15(5) repealed and re-enacted, eff. 6-12-20)

(6) Order of business. At the hour appointed for the meeting, the members shall be called to order by the Mayor. The City Clerk shall proceed to call the roll. Upon determining the presence of a quorum, the Council shall then proceed to the business before it, which shall be conducted in the following order:

(a) First – Policy Items.

(b) Second - Presentation of petitions, written and oral; communications to the City Council.

(c) Third - Consent Agenda approval.  Consent agenda items are those that are mundane and non-controversial action items requiring formal approval but no discussion.  Items may be on a consent agenda only if all Council members agree; if even one member considers a specific item to need discussion, it shall be removed and placed on the regular agenda for separate consideration.

(d) Fourth – Public hearings.

(e) Fifth - Unfinished business.

(f) Sixth – Miscellaneous business. Any items removed from the consent agenda for separate consideration shall be considered under Miscellaneous Business.

(g) Seventh – Council Reports.

(h) Eighth – Reports by City Manager and City Attorney.

(i) Ninth - Adjournment.

(7) Mayor to decide questions of order. The Mayor shall preserve order and decorum, and shall decide all questions of order;

(8) No member may leave. While the Mayor is putting the question, no member may leave the Council meeting;

(9) Manner of addressing Mayor. Every member, previous to his/her speaking, shall address himself/herself to the Mayor, and say "Mr. Mayor," but shall not proceed with his/her remarks until recognized and named by the Mayor;

(10) Duties and privileges of members. No member shall speak more than twice to the general question, nor more than once on a previous question, without leave of two-thirds (2/3) of the members of the Council, nor more than once in any case until every member choosing to speak shall have spoken, and no member shall be permitted to leave the chambers while the Council is in session, except by permission of the Mayor;

(11) Private discourse prohibited. While any member is speaking, no member shall entertain private discourse;

(12) Suspension of remarks. A member called to order shall immediately suspend his/her remarks, unless permitted to explain. If there is no appeal, the decision of the Mayor shall be conclusive, but if the member appeals to the Council from the decision of the Mayor, the Council shall decide on the case without debate;

(13) Order of motions. Motions upon the subject under discussion shall have precedence in the following order: First, to lay on the table; second, to postpone; third, to commit; fourth, to amend;

(14) Motions reduced to writing. All motions or resolutions shall be reduced to writing if required by the Mayor or a member, and, when seconded and stated by the Mayor, shall be open for consideration, and no motion or resolution can be withdrawn after it shall have been amended or decided;

(15) Adjournment. A motion to adjourn shall be in order and shall have precedence over all others, and shall be decided without debate;

(16) Yeas and nays. Every member who is present when a question is called for by the Mayor, shall vote thereon, unless excused by the Council or unless he/she is directly or indirectly interested in the question, in which case he/she shall not vote. The yeas and the nays may be called for by any member, in which case the names of the members voting shall be recorded in the minutes.

(17) Division of question. If the question in debate contains several distinct propositions any member may have the same divided;

(18) When amendment and debate not in order. A motion for a previous question, to lay the previous question on the table, or to commit until it is decided, shall preclude all amendments and debates on the main question, and a motion to postpone a question indefinitely or adjourn it to a certain day shall, until it is decided, preclude all amendments to the first question;

(19) Previous question. The previous question shall be as follows: "Shall the main question now be put?"

(20) Journal. The Council shall cause a journal of its proceedings to be kept and maintained by the City Clerk, which shall be available at all reasonable times for public inspection;

(21) Amendment of rules. These rules may be amended at any meeting of the City Council, by consent of two-thirds (2/3) of the members present; provided, however, any rule or rules amended shall not take effect as amended until the next regular meeting.  (Ord. 1999, Sec. 2-15 repealed and reenacted, eff. 3-15-16)

DIVISION 2.  IN GENERAL.

Section 2-16. Council officers.

The Council officers shall consist of the City Manager, City Attorney and Municipal Judge, who shall be appointed and serve in accordance with the provisions of the Home Rule Charter. (Ord. 1463, Sec 2-16 eff. 3/1/94)

Section 2-17. Councilmen - Salary. (Ord. 1832, Sec. 2-17 repealed and reenacted eff. 7/13/07)

(1) The salary of those Council members elected to terms commencing on January 2, 2008, shall be Five Hundred Fifty Dollars ($550.00) per month as compensation for services beginning on January 2, 2008.

(2) The salary of those Council members elected to terms commencing January 5, 2010, shall be Five Hundred Fifty Dollars ($550.00) per month as compensation for services, beginning on January 5, 2010.

Section 2-18.   Administrative officers; departmental and personnel charts. (Ord. 1597, Sec. 2-18 repealed and reenacted eff. 12/12/98)

(1) The administrative officers of the City shall consist of the City Manager, the Assistant City Manager, if so appointed, City Clerk, Finance Director, Director of Public Works, Police Chief, Fire Chief, Superintendent of Parks, Boulevards and Recreation, and the Superintendents of City Utilities.  Additional administrative officers may be designated or existing administrative officers may be deleted pursuant to Subsection (2) of this Section.  The administrative officers in the performance of their respective duties shall be subordinate to and under the sole direction of the City Manager and shall be appointed by him/her.

(2) Notwithstanding the other provisions in Chapter 2 of this Code, the City Manager with the consent of the City Council shall have the authority to reorganize the administration of the City or any portion thereof, changing the responsibilities and functions of any administrative department or administrative officer, eliminating or adding any administrative position or department to adapt to the changing needs of the City and its citizens, and changing financial circumstance of the City, and to provide for a more effective and efficient City government without the necessity of an ordinance, provided such administrative reorganization does not violate the City Charter or other applicable law.  This subsection and any administrative reorganization lawfully adopted pursuant to it shall supercede any provision of this Code in conflict with it.

(3) The department chart, as updated to reflect changes made to the administrative organization, shall be on file in the office of the City Clerk, and shall indicate the major services to be supplied by the City and the administrative and supervisory personnel required to administer the same.

ARTICLE 4.  THE CITY MANAGER.

Section 2-19. City Manager - Duties generally.

The duties of the City Manager shall be as set forth in the Home Rule Charter. (Ord. 1463, Sec. 2-19 eff 3/1/94)

Section 2-20. City Manager - Supervision and approval of public works.

The City Manager shall have the responsibility for the preparation of plans and specifications, estimating cost, advertising for bids, supervision and approval of any public work or special improvement.

Section 2-21. City Manager - Liaison among levels of government.

It shall be the duty of the City Manager to establish and maintain proper relationships with other levels of government and public service agencies and conduct all business negotiations between them and the City, the nature of which does not require the personal attention of the elective officers of the City.

Section 2-22. City Manager ex-officio member of all City agencies.

There shall be created, established and maintained the agencies, boards, commissions and bureaus set forth in this Chapter, exercising the duties and functions as more particularly set forth in the respective laws and ordinances constituting such agencies.  The City Manager shall be ex-officio member of all agencies, boards, commissions and bureaus.

Section 2-23. Assistant City Manager; appointment; duties.

The City Manager may appoint an Assistant City Manager who shall perform such functions and duties as shall be assigned to him/her and who shall perform the duties of City Manager in the absence or disability of the City Manager.

Section 2-24. City Manager Director of Budget; procedure for budget adoption. (Ord. 1474, Sec. 2-24 eff. 6/21/94)

(1)  The City Manager shall be the Director of the Budget.  He/she shall submit to the Council the proposed budget, and an explanatory budget message in the form and with the contents hereinafter provided.  For such purpose, not later than August 1 of each year, he/she, or an officer designated by him/her, shall obtain from the head of each office, department or agency, detailed by organization units and character and object of expenditures, and such other supporting data as he/she may request, together with an estimate of all capital projects pending or which such department head believes should be undertaken within the budget year, and, within the four (4) fiscal years thereafter.  In preparing the budget, the City Manager shall review the estimates, and may revise such estimates as he/she may deem advisable.  He/she shall submit his/her budget and budget message to the City Council on or before the first Tuesday in October of each budget year.  The budget estimates as submitted by the City Manager shall contain the following:

(a)  A brief and concise budget summary showing the estimated receipts of each fund and the total for all funds.

(b)  A statement of the detailed estimates of all proposed expenditures for each fund, itemized for each department and activity by objects of expenditures showing parallel columns, the expenditures for the preceding year, the appropriation and expenditures for the current year and the recommendations of the City Manager as to the appropriations to be made for the ensuing year, including an appropriation for contingencies, and showing the increases or decreases in the recommended appropriations from the expenditures for the current year.  Expenditures for the current year shall be computed as the actual expenditures to and including the eighth (8th) month of the current fiscal year, plus the estimated expenditures for the next four (4) months.

(c)  Detailed statements of estimates of all anticipated income of the City from sources other than current taxes and borrowing, compared with the amounts received by the City from each of the same sources for the preceding year.  Receipts for the current year shall be computed as the actual receipts to and including the eighth (8th) month of the annual fiscal year plus the estimated receipts for the next four (4) months.

(d)  A statement of the estimated financial condition of each City fund reflecting the estimated surplus or deficit in each such fund, which shall also show the actual or estimated surpluses or deficits from prior years.

(e)  A statement of the bonded and other indebtedness of the City showing the amount required in the ensuing year for retirement of principal and interest on the debt, and for a sinking fund or funds for term bonds if such a fund or funds be required, and showing all proposed expenditures or capital projects to be undertaken or executed during the budget year.

(f)  A statement of outstanding delinquent taxes and special assessments which have been levied during the current and preceding fiscal years of the City and an estimate of the amount thereof which may reasonably be expected to be collected or realized during the next fiscal year.

(g)  An estimate of the amount of money proposed to be raised by taxation and the amount to be raised from bond issues which, together with the estimated income from other sources, will be necessary to meet the proposed expenditures.

(h)  Such other information as may be required by the council.

(2)  As a part of the budget message or as a separate report attached thereto, the City Manager shall also present a program of proposed capital projects for the ensuing year and the four (4) fiscal years thereafter.  Estimates of the cost of such projects shall be submitted together with suggested methods of financing the same.  In order to facilitate the carrying out of the capital budget plan, the City shall maintain a capital reserve fund to pay for capital projects.

(3)  The budget and budget message and all supporting schedules shall be a public record in the office of the City Clerk, open to public inspection by anyone.  The City Manager shall cause sufficient copies of the budget message to be prepared for distribution to interested persons.  The Council, shall within fourteen (14) days after the submission of the budget estimates, set a time for public hearings on the annual budget and capital budget estimates.  These hearings may be held on the same day.  Council shall cause notice of such public hearings to be given by publication at least seven (7) days prior to the dates on which hearings are to be held.

(4)  At the times so advertised, the Council shall hold public hearings on the annual budget and capital budget as submitted, at which all interested persons shall be given an opportunity to be heard on any or all items and estimates in the proposed budgets.  After such hearings, the Council may insert any additional item or items, and make any increases or decreases, but where it shall increase the total proposed expenditures, it shall also increase the total anticipated revenue to at least equal such total proposed expenditures.

(5)  The budget shall be adopted by ordinance by the favorable votes of at least a majority of the entire Council.  The budget shall be finally adopted by the last day of December of each year.  Should the budget ordinance not be finally adopted prior to the end of the fiscal year, ninety percent (90%) of the several amounts of the appropriation ordinance of the last previous year shall be deemed to be reappropriated for the several objects and purposes specified in the last appropriation ordinance.

(6)  Upon final adoption, the budget shall be in effect for the budget year.  A copy of the budget, as formally adopted, shall be certified by the City Manager and City Clerk and filed in the office of the Director of Finance.  The budget, so certified, shall be printed, photocopied or otherwise reproduced, and sufficient copies thereof shall be made available for the use of all offices, departments and agencies and the use of interested persons and civic organizations.  From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named.

Cross reference :  As to provisions pertaining to disbursement of money, see Sec. 2-2; as to department of Finance and Accounting, see Article 12 of this Chapter.

State law reference :  As to local government budget law, see C.R.S. 1973, Secs. 29-1-101 et seq.

ARTICLE 5.  THE CITY CLERK.

Section 2-25. City Clerk – Duties.

The City Clerk shall be the custodian of the City archives and records and shall be clerk of the Council.  He/she shall attend all meetings of the City Council and keep the minutes of all the proceedings and record the same in the journal to be kept in his/her office.  He/she shall keep a record of all ordinances, resolutions and regulations of the Council.  He/she shall be custodian of the City seal and shall affix it to all documents and instruments requiring the seal, and shall attest the same.  He/she shall also be custodian of all papers, titles, documents, contracts and agreements pertaining to the City, the custody of which is not otherwise provided for.  He/she shall certify by his/her signature all ordinances and resolutions enacted or passed by the Council, and perform such other duties as may be required of him/her by the City Manager.

Section 2-26. City Clerk to maintain office hours.

The City Clerk shall keep an office in City Hall and maintain and keep office hours therein from 8:00 a.m. to 5:00 p.m. of each day, Saturdays, Sundays and legal holidays excepted.

ARTICLE 6.  THE CITY ATTORNEY.

Section 2-27. City Attorney – Duties; special counsel.

(1)  The City Attorney shall act as legal advisor to and attorney for the City Council and all its members in matters relating to their official duties.  He/she shall give legal advice to any official or department of the City when requested by the Council or the City Manager, and shall file a copy of any written opinion so provided, with the City Clerk.  He/she shall represent the City in all cases in all courts, and before all legally constituted tribunals whenever the City is a party thereto, except as set forth in paragraph (2) of this Section. He/she shall prepare, or officially pass upon, all contracts, bonds, and other instruments in writing, in which the City is concerned, and shall certify, before execution, as to their legality and correctness of form.  He/she shall file in the office of the City Clerk the original copy of all franchises granted by the City, all contracts and agreements entered into by or on behalf of the City, and all contracts and agreements entered into by or in behalf of the City, and all papers constituting a part of the proceedings in all courts or legally constituted tribunals to which the City is a party, together with the proper data and information concerning the same.  He/she shall be charged with the responsibility of calling to the attention of the Council and the City Manager all matters of law and changes or developments therein affecting the City.  He/she shall perform such other duties as may be prescribed by this Code or by the Council.

(2)  Upon recommendation of the City Attorney, or upon its own motion, Council may retain special counsel to handle any matter to which the City is a party or in which the City has an interest, or to assist as co-counsel with the City Attorney herein.

Section 2-28. City Attorney - Prosecution of suits and execution of judgments.

It shall be the duty of the City Attorney to prosecute for the City all suits for the recovery of fines and penalties which may be brought in any court and to cause executions to be issued on judgments which may be recovered and attend to their prompt collection.  All money which may be received by him/her on account of the City shall be paid into the City treasury.

Section 2-29. City Attorney - Appeal of cases.

The City Attorney is authorized and empowered to take appeals in all cases, where, in his/her opinion, the interests of the City require it, and to prosecute and defend the same in all courts, and for the purpose of carrying into effect the provisions of this Section, he/she is authorized to make the necessary affidavits and to make and execute, in the name of the City, the necessary appeal or other bonds, signing the same as Attorney for the City.

Section 2-30. City Attorney - Right to be heard on motions before Council.

The City Attorney shall have the right to be heard on all questions of motion before the City Council amending, repealing or in any manner affecting any ordinance in force or to be enacted by the City Council.

ARTICLE 7.  DEPARTMENT OF PARKS, BOULEVARDS AND RECREATION.

Section 2-31. Department of Parks, Boulevards and Recreation - Superintendent in charge. (Ord. 1548, Sec. 2-31 repealed and reenacted eff. 12/27/96)

(1)  There is established a Department of Parks, Boulevards and Recreation under the direction of a Parks, Boulevards and Recreation Superintendent Who shall have the following duties:

(a) Conditioning, maintaining and caring for all City parks, playgrounds, swimming pools, youth centers and other recreational facilities, and all boulevards in the City, including landscaping, planting and care of all lawns, shrubbery, trees and flowers and other measures to enhance the scenic beauty and aesthetic values of the City;

(b) Organize and direct a recreational program for all age groups, and initiate and maintain a program for use of all City recreational facilities;

(c) Prepare a departmental budget and reports, and perform such other duties as may be assigned by the City Manager or prescribed by ordinance adopted by the City Council

(2)  The City Council in its discretion or the City Manager with the approval of City Council may divide the Department of Parks, Boulevards and Recreation into separate Department of Parks and Boulevards, and Sports and Recreation, each with a superintendent or director in charge, with the Department of Sports and Recreation performing those duties set forth in Subsection (1)(b) above, without the necessity of adopting an ordinance, if it is deemed to be in the best interest of the citizens of the City of Trinidad, and if adequate funds are available to do so.

ARTICLE 8. LIBRARY DEPARTMENT.

Section 2-32. Library Department

There is established a Library Department within the City of Trinidad for purposes of administering and operating the City’s public library, with such administration and operation to be with the advice and recommendations of the Library Advisory Board.  Through the creation of a separate Library Department within the City of Trinidad, it is the express desire and intent of the City Council that the library remain, at all times, an independent learning facility available for the educational benefit of the public at large.  All personnel of the Library Department shall be personnel subject to the terms and provisions of personnel policies adopted and/or amended from time to time by the City Council.  The City Manager shall have sole and exclusive authority over all Library Department personnel. (Ord. 1548, Sec. 2-32, repealed and reenacted eff. 12/27/96)

ARTICLE 9.  DEPARTMENT OF PUBLIC SAFETY.

Section 2-33.   Department of Public Safety - Director in charge.

The City Manager may in his/her discretion establish a Department of Public Safety under the direction of a Safety Director.  Such department would consist of the Police Division and Fire Division.

DIVISION 1.  POLICE DIVISION.

Section 2-34.  Creation; composition.

There is hereby created a Police Department for the City of Trinidad which shall consist of one Chief of Police and as many police personnel as may from time to time be deemed necessary for the safety and good order of the City.

Section 2-35.  Departmental rules and regulations.

The Police Department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be established by the Department.

Section 2-36.  Appointment, powers and duties of the chief .

The City Manager shall appoint a Chief of Police who shall be the head of the Police Department.  It shall be the duty of the Chief of Police to:

(1)   See that the ordinances of the City are duly enforced and the rules and regulations of the Police Department obeyed, and to perform such duties as may be required by the City Manager.

(2)  Direct the operations of the Police Department, subject to the rules and regulations thereof.

(3)  Render such accounts of the Police Department, his/her duties, and receipts as may be required by the City Manager and keep the records of his/her office open to inspection by the City Manager at any time.

(4)  Before entering upon the duties of such office, the Chief of Police shall take and subscribe to an oath that he/she will support the Constitution and laws of the State of Colorado, Constitution of the United States and ordinances of the City of Trinidad, and that he/she will faithfully perform the duties of the office upon which he/she is about to enter.

Section 2-37.  Duties of Police Officers.

All members of the police department shall have power and duties as follows:

(1)  They shall perform all duties required of police officers.

(2)  They shall suppress all riots, disturbances and breaches of the peace, apprehend all disorderly persons in the City, and shall pursue and arrest any person fleeing from justice in any part of the state.

(3)  They shall be the enforcement officers of the City and shall see that the provisions of this Code and the laws of the State of Colorado are complied with.  They shall arrest without process all persons engaged in the violation in their presence of any provision of this Code or the law of the State.  Upon such arrest they shall forthwith convey such offenders before the proper office to be dealt with according to law; provided, that they may incarcerate any person whom they shall arrest at a late and unusual hour of the night until the following morning, and provided further that in the special cases relating to traffic offenses they may release an arrested person upon his/her written promise to appear in court.

(4)  They shall observe the condition of the streets, sidewalks and alleys of the City, and of any obstruction, nuisance, or impediments therein, and shall take necessary measures to cause the removal or the abatement of the same.

Section 2-38.  Oath.

Before entering upon the duties of his/her office, each police officer shall take and subscribe to an oath that he/she will support the Constitution and laws of the State of Colorado, the Constitution of the United States, and the ordinances of the City of Trinidad, and that he/she will faithfully perform the duties of the office upon which he/she is about to enter.

Section 2-39.  Uniforms.

Every police officer shall wear at all times while on duty, a uniform of the type and quality prescribed by the Department.

Section 2-40.  Duty of citizens to aid.

It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such officer in the discharge of his/her duties.

Section 2-41.  Extraterritorial duty.

The Chief of Police may in his/her discretion, upon request of the County Sheriff, Colorado State Patrol or the Chief of Police or person exercising the functions thereof in any other jurisdiction, assign police officers under his/her control together with such equipment as he/she shall deem to be proper, to perform temporary duty in the requesting jurisdiction.

Section 2-42.  Reserve Police; appointment; powers.

The Police Chief may upon any emergency, riot, pestilence, invasion or at any time he/she shall deem it necessary for the peace, good order or health of the City, appoint Reserve Policemen for a specified time, not exceeding two (2) days, without the approval of the City Council.  He/she may also, with the approval of a majority of the City Council, appoint such number of Reserve Policemen as may be agreed upon by the City Council, to serve upon days of election, public celebration and holidays, and said Reserve Policemen shall have and possess all the powers and privileges of regular policemen during the time for which they may be appointed.

DIVISION 2.  FIRE DIVISION.

Section 2-43.  Fire Department - Chief in charge.

There shall be a Chief of the Fire Department who shall be charged with the responsibility of inaugurating a fire prevention, detection and extinguishing program which will use all possible means to guard against the occurrence of fire, and to protect the property and persons of the inhabitants of the City against damages and accidents resulting therefrom, and to furnish information to the public relative to fire hazards, illegal practices and dangerous situations, and to perform such other duties as will promote the public safety and welfare.

Section 2-43.1.  Firemen's pension.

Every officer, member or employee of the paid Fire Department of the City, retired under the laws of the State, shall be entitled to receive monthly pension plus such additional benefits as provided in Section 139-50-8, Chapter 364, 1969 Session Laws of Colorado, such benefits being one-half (1/2) of any increase in salary and additional pay based on length of service granted by the City during the period of retirement to the rank occupied by said officer, member or employee. (Ord. 1748, Sec. 2-43.1 eff. 4/16/04)

Section 2-43.2.  Additional benefits for firemen.

The City Council authorizes such additional benefits as provided in Section 139-50-8, Chapter 364 of the 1969 Session Laws of Colorado, and incorporates herein by reference the provision of said Section. (Ord. 1748, Sec. 2-43.2 eff. 4/16/04)

ARTICLE 10.  MUNICIPAL UTILITY DEPARTMENT.

Section 2-44. Utility Departments.

The Municipal Utility Departments shall consist of the Power and Light Department, the Natural Gas Department, the Sewer Department and the Water Department.  The Power and Light Superintendent shall be in charge of the Power and Light Department.  The Gas Superintendent shall be in charge of the Natural Gas Department.  The Wastewater Superintendent shall be in charge of the Sewer Department.  The Water Superintendent shall be in charge of the Water Department.  One person may be superintendent of two or more utility departments, in the discretion of the City Manager, who shall appoint the utility superintendents.

Section 2-45.  Power and Light Department.

The Superintendent of the Power and Light Department shall be charged with the responsibility for the production, transmission and distribution of electric light and power requirements of the homes, businesses and industries of the City, and such other responsibilities as may be required in connection therewith.

Section 2-46.  Water and Sewer Departments.

The Superintendent(s) of the Water and Sewer Departments shall be charged with the responsibility of supplying and maintaining a safe and adequate water supply for the homes, businesses and industries of the City, and for the proper and safe disposal of the sewage therefrom, and such other responsibilities as may be required in connection therewith.

ARTICLE 11.  DEPARTMENT OF PUBLIC WORKS.

Section 2-47.   Department of Public Works - City Engineer as Director.

(1)  There is established a Department of Public Works, under the direction of the City Engineer.  The Department shall consist of the Street and Bridge Division, Inspection Division, General Maintenance Division and Engineer's Office.

(2)  It shall be the duty of the City Engineer to organize and direct a public works program; prepare departmental budgets and reports; plan and lay out work schedules; initiate and maintain a street maintenance, refuse disposal, and general maintenance program; establish equipment requirements and aid in its purchase; aid in preparing specifications for public works supplies and material; lay out the plans for the construction or repair of pavements, curbs, sidewalks, culverts, bridges, water mains, sanitary and storm sewers; propose detailed costs estimates of new projects; keep a record of departmental activities and perform such other functions as may be prescribed by the City Council and City Manager.  (Ord. 1958, Sec. 2-48.)

State law references: As to public works contractor's bond, see C.R.S. 1973 Secs. 38-26-105 et seq.; as to public works labor, see Secs. 8-17-101 et seq.

DIVISION 1.  STREET AND BRIDGE DIVISION.

Section 2-48.   Street and Bridge Division - Supervisor in charge.

There shall be a Supervisor of the Street and Bridge Division who shall be charged with the responsibility of keeping the streets, sidewalks and bridges in a safe and traversable condition at all times.  In pursuance of these duties, he/she shall carry on operations in repairs, grading, graveling, flushing, sweeping, snow removal and other measures in proper season to insure adequate year round traffic conditions.  He/she shall also prepare, install and maintain all traffic signs, markers and safety devices for the instruction and protection of those who use the public thoroughfares.

DIVISION 2.  INSPECTION DIVISION.

Section 2-49.  Inspection Division - Building Inspector in charge.

There shall be a Building Inspector who shall be charged with the responsibility of inaugurating a program to inspect plans and specifications of buildings for compliance with structural, electrical and plumbing regulations, to inspect buildings during the process of construction and upon completion, to inspect premises for garbage and rubbish violations, to inspect sewer and septic tanks, to inspect and condemn unsafe and unsanitary buildings and to issue various permits.  The Inspector shall make necessary reports and furnish information to the public relative to building practices and regulations contained in the zoning ordinances, Building Code and State laws, and perform such other duties as will promote the public safety and welfare.

DIVISION 3.  GENERAL MAINTENANCE DIVISION.

Section 2-50.   General Maintenance Division - Supervisor in charge.

There shall be a Supervisor of the General Maintenance Division who shall be charged with the responsibility of maintaining all the City buildings, lands, and other properties in a clean sightly condition, including the heating, lighting, plumbing and ventilation of the buildings in use.  He/she shall also be charged with the operations of the City garage and for maintaining, lubricating, fueling, protecting and repairing all the City machinery, tools and automotive equipment.  (Ord. 1958, Sec. 2-51.)

ARTICLE 12.  DEPARTMENT OF FINANCE AND ACCOUNTING.

Section 2-51.  Department of Finance and Accounting - Finance Director in charge.

(1)  There is created a Department of Finance and Accounting under the direction of the Finance Director.

(2)  The functions of the department shall consist of Finance and Accounting, Purchases and Supplies, and Utility Billing and Receipts.

Section 2-52.  Duties of the Finance Director.

(1)  He/she shall be the custodian of all evidences of value belonging to or held in trust by the City.

He/she shall collect and receive all moneys belonging to and receivable by the City, including license fees, taxes, assessments and other charges belonging and payable to the City, and shall in all cases give a receipt therefor.  He/she shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine.  He/she shall report the same in detail to the City Manager.  He/she shall apportion and collect special assessments, as are authorized and levied by the Council.

(2)  He/she shall keep books of account of the receipts and expenditures of the City.

(3)  He/she shall keep accurate detailed accounts of:

(a)  All taxes assessed by the City and all moneys due the City from any source.

(b)  Moneys received and the several sources from which received.

(c)  All funds of the City and disbursements made therefrom.

(4)  He/she shall examine and audit all accounts and claims against the City except claims for unliquidated damages.  He/she shall not issue or sign any draft, check or warrant until he/she has verified the correctness of the account from which the same is issued; neither shall he/she allow the payment of any account unless the money has been appropriated therefor; nor shall he/she issue or sign any draft, check or warrant for any account against the City unless sufficient money is in the fund on which it is drawn.  Nothing herein shall be construed to prevent the issuance of registered warrants in accordance with law.

(5)  At the close of the fiscal year, and at any time upon direction of the Council he/she shall examine and audit all books of account kept by any official, board or department; provided, however, that he/she shall examine all books of account of the Municipal Court at least once each month.  All books of accounts of the City shall be balanced at the end of each calendar month, and a report made thereon by the Finance Director to the City Manager.  The Finance Director, in the performance of duties relative to the City accounts, shall perform such other duties as may be required of him/her by the City Manager.

Section 2-53.  Finance Director's report to Council.

The Finance Director shall at the close of each fiscal year, and more often if requested by the City Council, make and deliver to the City Council a full and complete report of his/her transactions during the preceding year, stating the amount of moneys received and for what purpose received, and exhibiting all credits allowed by law and the ordinances of the City.

Section 2-54.  Description of bills and payroll; authorization by City Council action; utilization of signature facsimile.

(1)  Presentation of bills owing by the City shall be made in summarized form to City Council for consideration at any regular or special meeting.  Expenses shall be identified by account type, vendor name, check number, invoice number and purchase order number, if any, description of service or product purchased and dollar amount of each payment.  Payroll for City employees shall also be made on a departmental basis reflecting the time period and gross wage amounts and the appropriate department and account to what such payroll shall be charged.

(2)  Authorization of payment of bills or payroll shall require a motion, second and affirmative vote of the majority of the quorum present at such meetings of City Council.  Only upon City Council's action authorizing such payments, shall the signature of the Mayor, City Manager and City Clerk be affixed to such payments by check drawn upon the appropriate bank and account of the City.  The exceptions to this paragraph are as follows:

(a) The Finance Director, upon the City Manager’s consent, is authorized to issue payment for the monthly natural gas invoices, prior to their approval by City Council, when a savings incentive will be realized by the City of Trinidad.  Such payments will be identified within the semi-monthly reports for City Council approval; and

(b) The Finance Director, upon the City Manager’s consent, is authorized to pay invoices or bills prior to City Council approval if the approval at the next City Council meeting would result in a finance or late fee charge.  Such payments will be identified within the semi-monthly reports for City Council approval. (Ord. 1819, Sec. 2-54(2), repealed and reenacted eff. 9/26/06)

(3)  In the alternative, a signature facsimile bearing the signatures of the aforesaid City officials may be used in the process of endorsement of any check for payment of such bills or payroll so long as such bills or payroll were properly authorized for payment by City Council action.  The City Clerk and City Finance Director shall each have custody of one (1) key of a two-key system providing access to a security box containing the control key to the signature facsimile machine.  In the anticipated absence of either the City Clerk or the City Finance Director, said City Clerk or Finance Director shall surrender his/her key to the Mayor or City Manager for the time period of his/her absence.

(4)  A complete register shall be maintained reflecting each check endorsed manually or by use of a signature facsimile which register shall be audited annually or as frequently as determined by City Council, by an independent financial auditor.

Section 2-55.   Purchasing Agent – Duties.

Pursuant to rules and regulations approved by City Council, the Purchasing Agent shall purchase all supplies, materials and equipment required by any department, office or agency of the City government.  He/she shall have the following powers and duties:

(1)  To establish and enforce, with the approval of the City Manager and after consultation with the heads of the departments concerned, standard specifications for all supplies, materials and equipment required by the City government.

(2)  To prescribe the time of making requisitions for such supplies, materials and equipment, and the future period which said requisitions are to cover;

(3)  To inspect, or cause to be inspected, all deliveries of such supplies, materials and equipment, and to cause tests to be made when necessary in order to determine the quality and conformance with specifications;

(4)  To supervise and control central storerooms to serve the several departments, offices or agencies;

(5)  To supervise the transfer of materials, supplies and equipment between departments or agencies, as needed, after consultation with the department or agency heads concerned;

(6)  To sell those surplus materials that are no longer of use to the City before their value is lost through obsolescence, deterioration or spoilage, and to sell all scrap metals, materials or equipment.

Section 2-56.  Withdrawal of supplies from City storerooms.

Withdrawals of materials and supplies from City storerooms shall be by requisition, which shall be approved by the department head and which shall be charged to the proper account, subject to such rules and regulations as may be prescribed by the Purchasing Agent.  It shall be the responsibility of the department head approving the withdrawal of the material from the City storeroom and the Finance Director to certify that there is to the credit of the office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials or equipment which are to be withdrawn from the storeroom.

ARTICLE 13.  AGENCIES, BOARDS, BUREAUS AND COMMISSIONS.

Section 2-57.  Library Advisory Board. (Ord. 1912, Sec. 2-57 repealed and reenacted eff. 3/11/11)

(1) Library Advisory Board Created .  There is created an advisory board, to be known as the Library Advisory Board (hereinafter, the “Board”), consisting of five (5) members who shall serve in advising the City concerning the operations of the City’s public library.

(2) Membership .  The City Council shall appoint five (5) members to the Board.  The terms of office of two (2) of the members so appointed shall expire on the first Monday in January, 2012; the terms of office of two (2) of the members so appointed shall expire on the first Monday in January, 2013; and the term of office of the other member so appointed shall expire on the first Monday in January, 2014.  Each year thereafter, there shall be appointed, in a similar fashion, a member or members to fill the expiring terms. The new term of each appointee appointed in 2012 and thereafter shall be for a term of three (3) years.  Each member shall serve until his or her successor is duly appointed.  The City Council shall appoint a successor to fill any vacancy occurring in the Board’s membership and to serve for the balance of the unexpired term.

(3) Meetings; officers .  The Board shall hold one (1) regular meeting each month at such time and place as it may provide by resolution, and such special meetings as it may from time to time determine necessary, provided that all such meetings shall comply with the Colorado Sunshine Act as set forth in § 24-6-101 et seq ., C.R.S.  On an annual basis, the Board shall elect from its membership a chairperson, vice chairperson, and secretary.  A majority of the Board shall constitute a quorum and all action by the Board shall be taken by a majority thereof and not otherwise.

(4) Powers and duties .  The Board shall have the following powers and duties:

(a)       In all cases, unless otherwise specifically enumerated in this Subsection, the Board shall act as advisor to the Library Director, the City Manager, and the City Council on matters associated with the library.

(b)       In cooperation with the Library Director, the Board shall compile and edit comments, complaints, suggestions, and other information from the users of the library, as concerns the operation, management, and use of the library facility; with that information to be edited and forwarded to the City Manager for consideration.

(c)       The Board shall establish in writing, subject to approval by City Council, a formal procedure by which complaints or objections from citizens concerning the type of and/or content of materials available to the public at the library are received, reviewed, and given a fair and impartial hearing.  The Board shall have exclusive authority to determine whether such materials shall be retained.

(d)       The Board shall make a written annual report to the City Council, not later than July 31 st of each calendar year, in which the Board shall:

(i)        Assess the strengths and weaknesses of the library’s service to the community;

(ii)       Make recommendations on short- and long-term goals that will improve library service;

(iii)      Make prioritized recommendations on capital improvements needed to improve the library; and

(iv)      Recommend such other policies, programs, procedures, or guidelines which, if

adopted, would enhance the operation of the library.

(e)       If requested by the City Manager or Library Director, the Board may assist in the selection process for screening of applicants for various professional positions within the library staff.

(f)        If requested by the Library Director, the Board may assist the Library Director in establishing a fine schedule for overdue books and materials.

(g)       Subject to the approval of the City Manager, the Board may establish the library’s hours of operation.

(5) Limitations of powers .

(a)       All budgetary powers, expenditures, and revenues shall be exclusively controlled by the City Council.  However, it is hereby recognized that the Board may, on a case-by-case basis, exercise control over non-monetary donations to the library and/or charitable organizations associated with the library.

(b)       All personnel matters shall be exclusively controlled by the City Manager.

(c)       Except as provided in Subsection (4) herein, all other actions of the Board are restricted to matters of an advisory nature, and in the manner of recommendation.

(6) Legal advisor .  The City Attorney shall be the legal advisor of the Board and render all legal services required by the Board without additional compensation, unless such additional compensation is first authorized by the City Council.

(7) Liaison .  The City Council may, at its option, appoint from its membership a liaison to the Board to facilitate communications between the City Council and the Board.  A liaison shall not have a vote in any matters being considered by the Board.

(8) Library Personnel .  Except as provided in Subsection (4) herein, neither the Board nor any of its members shall direct or request that it take part in the employment or removal of library personnel.  Violation of this Subsection by a member of the Board shall constitute misconduct and may subject him or her to removal for just cause by a majority vote of the City Council. (Ord. 1912, 3/11/11)

Section 2-58.  Establishment of a Park and Recreation Advisory Board.

(1)  There is established a Park and Recreation Advisory Board.

(2) The Park and Recreation Advisory Board shall be comprised of seven (7) members who meet the qualifications as set forth in Section 8.3 of the Home Rule Charter of the City of Trinidad, to be appointed by the entire City Council.  The terms of the members of the Board shall be for four (4) years and shall be made to ensure the overlapping of terms.  The Board shall elect a Chairperson, Vice-Chairperson, and Recording Secretary. (Ord 1749. Sec. 2-58(2) repealed and reenacted eff., 4/16/04)

(3) The Park and Recreation Advisory Boards shall develop a master plan and overview of all of the parks and recreational facilities owned by the City, and of the recreational programs which use the City’s parks and recreational facilities, and submit this plan to City Council on an annual basis by August 1 st of each year. (Ord. 1586, Sec. 2-58(3) repealed and reenacted eff. 5/2/98)

(4) The Park and Recreation Advisory Board shall hold at least one meeting every three months.  The calling and holding of all meetings of the Board shall be in accordance with the Colorado Open Meetings Law, as currently set forth in Section 24-6-402 of the Colorado Revised Statutes as it pertains to local public bodies. (Ord. 1586, Sec. 2-58(4) eff. 5/2/98)

(5) Vacancies on the Park and Recreation Advisory Board shall be filled by appointment by the Council for the remainder of the unexpired term.  In the event that an unexpired term is for a period of less than six (6) months, the Council may appoint a replacement for the regular term plus the unexpired portion of the vacated term.  Members of board shall be subject to removal for just cause by a majority vote of the Council.  Just cause shall include but not be limited to inefficiency, neglect of duty, acts detrimental to the City’s interests, malfeasance in office, or excessive absences.  Absences by members of the board of three consecutive meetings or three meetings in a rolling six month period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal.  The City Clerk shall advertise vacancies in a newspaper of general circulation requesting that interested individuals submit a letter so indicating their interest and qualifications for the position advertised. (Ord. 1706, eff., 10-25-02, Ord 1749, Sec. 2-58(5) repealed and reenacted eff., 4-16-04)

Section 2-59.  Other agencies may be created by Council.

There shall be created such other agencies, boards, commissions and bureaus as the Council may, from time to time, deem necessary for the proper conduct of City functions.

Section 2-59.1.  Arts and Culture Advisory Commission. (Ord. 1750, Sec. 2-59.1 eff. 4/16/04)

(1) There is hereby created an Arts and Culture Advisory Commission to advise City Council on means and methods of coordination of artistic and cultural entities within the community to enhance tourism within the community.

(2) The Arts and Culture Advisory Commission shall be comprised of seven (7) members who meet the qualifications as set forth in Section 8.3 of the Home Rule Charter of the City of Trinidad, to be appointed by the entire City Council.  The terms of the members of the Board shall be for a duration of four (4) years and shall be made to ensure the overlapping of terms.  The Commission shall choose a chair person and shall periodically meet for the purpose of developing recommendations to the Trinidad City Council on issues of arts and culture.  The Board shall elect a Chairperson, Vice-Chairperson, and Recording Secretary.

(3) Funds can be expended to acquire public art for placement on public property within the City of Trinidad, Colorado.

(4) Depending on the allocation of funds, the Arts and Culture Advisory Commission may fund a performance by a performer(s) from outside the Trinidad/Las Animas County geographical area.

(5) No funds shall be expended for a fund-raising event unless the amount of money provided by the Arts and Culture Advisory Commission for fund-raising purposes is refunded in total to the City promptly after the fund-raising event has taken place.  If fund-raising is used to defray the costs of acquiring public art, the funds raised for such purpose shall be kept in a separate account for that purpose, and an accounting shall be provided to the City Manager.

(6) Vacancies on the Arts and Culture Advisory Commission shall be filled by appointment by the Council for the remainder of the unexpired term.  In the event that an unexpired term is for a period of less than six (6) months, the Council may appoint a replacement for the regular term plus the unexpired portion of the vacated term.  Members of commission shall be subject to removal for just cause by a majority vote of the Council.  Just cause shall include but not be limited to inefficiency, neglect of duty, acts detrimental to the City’s interests, malfeasance in office, or excessive absences.  Absences of three consecutive meetings or three absences in a six-month rolling period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal.

(7) The City Clerk shall advertise vacancies in a newspaper of general circulation requesting that interested individuals submit a letter so indicating their interest and qualifications for the position advertised.

Section 2-60.  Corazon de Trinidad Historic Main Street Board established. (repealed and re-enacted, Ord. 2072, eff. 3/1/19)

(1) There is established a Corazon de Trinidad Historic Main Street Board as an initiative of the Department of Local Affairs Colorado Main Street Program.

(2) The Corazon de Trinidad Historic Main Street Board shall be comprised of seven (7) members who meet the qualifications as set forth in Section 8.3 of the Home Rule Charter of the City of Trinidad and who are owners or lessees of commercial property located in the City of Trinidad, or agents or representatives of such owners, to be appointed by the entire City Council. The terms of the members of the Board shall be for four (4) years and shall be made to ensure the overlapping of terms. The Board shall elect a Chairperson, Vice-Chairperson, and Recording Secretary.

(3) The function of the Board shall be to advise City Council on matters relevant to the activation and revitalization of the downtown and other commercial areas of the City of Trinidad in accordance with the National and Colorado Main Street Programs.

(4) The Board shall have the authority to promulgate rules and regulations governing the conduct of its meetings and its other operations.

(5) At its organizational meeting each year, the Board shall select from its members a Chairperson, who shall preside over all meetings, a Vice-Chairperson, who shall preside in the absence of the Chairperson, and a Recording Secretary who shall be responsible for taking the minutes of each meeting and presenting them to the Board for adoption. Officer terms shall be for a period of one year.

(6) The City shall furnish administrative and legal services to the Board for the purpose of meeting all requirements to qualify for inclusion into the National and Colorado Main Street Programs. City staff shall be available to assist the Board in carrying out its duties.

(7) The Board shall meet on a monthly basis and shall report to the City Council at least once a year on its activities, accomplishments and recommendations.

(8) The Board shall have the authority to apply for and receive grants for the purpose of directly or indirectly revitalizing the downtown area or other commercial areas of the City.

(9) Vacancies of the Corazon de Trinidad Historic Main Street Board shall be filled by appointment by the Council for the remainder of the unexpired term. In the event that an unexpired term is for a period of less than six (6) months, the Council may appoint a replacement for the regular term plus the unexpired portion of the vacated term. Members of Board shall be subject to removal for just cause by a majority vote of the Council. Just cause shall include but not be limited to inefficiency, neglect of duty, acts detrimental to the City’s interests, malfeasance in office, or excessive unexcused absences. Unexcused absences by members of the board of three consecutive meetings or three absences in a six-month rolling period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal. The City Clerk shall advertise vacancies in a newspaper of general circulation requesting that interested individuals submit a citizen interest form so indicating their interest and qualifications for the position advertised.
 

Section 2-60.1. Space to Create Commons Oversight Board established.

(1) There is established a Space to Create Commons Oversight Board for the purpose of overseeing the planning, development and operation of the approximately 20,000 square foot Community Space in the Space to Create Block on Main Street in Trinidad.

(2) The Space to Create Commons Oversight Board (Board) shall be comprised of seven (7) to nine (9) members who meet the qualifications as set forth in Section 8.3 of the Home Rule Charter of the City of Trinidad. All members will be appointed by the entire City Council. The initial board shall be the members of the Corazon de Trinidad Creative District Board. The terms of the members of the Board shall be for four (4) years with the exception of the initial board which will have staggered terms as defined in this paragraph. The Board shall elect a Chairperson, Vice-Chairperson, and Recording Secretary. The first order of business during the first meeting of the board will be dedicated to members selecting terms by lot with two members receiving one year terms, two members receiving two year terms, one or two members receiving three year terms, and one or two members receiving four year terms.

(3) The Board shall work with City staff to select and recommend contracting an architect for the renovation project, plan the renovation of the Community Space, work with City Staff to bid and select the contractor for the renovation project, oversee renovation activities, and when complete, oversee the management of Community Space including, but not limited to leases, events, and other activities. Oversee the City staff member’s activities as they relate to the Community Space.

(4) Work with Artspace and its onsite manager to ensure the Community Space is designed and operated to complement the live/work spaces and creatives in the building.

(5) The Board shall have the authority to promulgate bylaws governing the conduct of its meetings and its other operations.

(6) The City shall furnish administrative, staffing and legal services to assist the Board in carrying out its duties. City staff assigned to this project will serve as the primary point of contact with Artspace and its partners, the primary point of contact for commercial tenants, the primary point of contact with the local community and the media, and the development of a business plan for the operation of the Commercial Space under the direction of the Board.

(7) The Board shall meet on a regular basis and shall report to the City Council from time to time regarding its accomplishments and activities.

(8) Vacancies of the Space to Create Community Space Oversight Board shall be filled by appointment by the City Council for the remainder of the unexpired term. In the event that an unexpired term is for a period of less than six (6) months, the Council may appoint a replacement for the regular term plus the unexpired portion of the vacated term. Members of Board shall be subject to removal for just cause by a majority vote of the City Council. Just cause shall include but not be limited to inefficiency, neglect of duty, acts detrimental to the City’s interests, malfeasance in office, or excessive unexcused absences. Unexcused absences by members of the board of three consecutive meetings or three absences in a six-month rolling period shall be cause for evaluation by City Council for the purpose of consideration of the member’s removal. The City Clerk shall advertise vacancies in a newspaper of general circulation requesting that interested individuals submit a citizen interest form so indicating their interest and qualifications for the position advertised. (Ord. 2082, Sec. 2-60.1, eff. 8/30/19)

ARTICLE 14.  RETIREMENT AND PENSIONS.

Section 2-61. Repealed – (Ord. 1748,  Sec. 2-61 amended by being renumbered as follows 60 is now 2-43.1 Firemen’s pension and 61 is now 2-43.2 Additional benefits for firemen. eff. 4/16/04)

ARTICLE 15.  CONFISCATED, STOLEN, LOST AND ABANDONED PROPERTY.

Section 2-62.  Definitions.

The following words have the meanings hereinafter set forth:

(1) Custodian shall mean the Chief of Police, or his/her successor in office, or his/her designee, and his/her successor in office;

(2) Director shall mean the Chief of Police of the City.

(3) Owner shall mean a person or entity, including a corporation, partnership, association, governmental entity other than the City of Trinidad, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the City;

(4) Unclaimed property shall mean any tangible or intangible property, other than a motor vehicle, including any income or increment derived therefrom less any lawful charges, that is held by or under the control of the City and which has not been claimed by its owner for a period of more than sixty (60) days after it became payable or distributable.  (Ord. 1424, Sec. 1, 06/23/92.)

Section 2-63.  Director deemed custodian.

Director, (Chief of Police) of the City is designated the official custodian of each and every article or object of personal property lost, stolen, confiscated, or abandoned within the City, which property is not in the lawful custody of any other person or Court.

Section 2-64.  Property held as evidence.

The custodian shall keep in his/her custody all articles of personal property seized or held as evidence for use in any pending or prospective trial, unless otherwise ordered by the Court, until final disposition of any pending charges, including appeals or the lapse of time for final appeal. Thereafter, unless ordered by the Court to the contrary, the custodian shall make disposition of such property in accordance with the provisions of this chapter hereinafter set forth.

Section 2-65.  Notification of owner.

The custodian shall examine any such property, and if the identity of the owner appears from such examination, or if the identity of the owner is readily available to the custodian from public records available to him/her, or otherwise known to him/her, the custodian shall notify the apparent owner by postcard, mailed by first class United States mail, postage prepaid, to the last known address of such apparent owner, describing the property and stating that the same is held by the custodian and may be sold or otherwise disposed of unless claimed within thirty days of mailing such notice.

Section 2-66.  Disposal of unclaimed property when.

If any such property remains unclaimed sixty days after the same is no longer required to be held in evidence pursuant to 2-64 above or sixty (60) days after the same has come into the possession of the custodian, or thirty (30) days after the mailing of any postcard notice provided for in 2-65 above whichever is the longer time, such property may be disposed of from time to time by the Director or his/her designee as hereinafter set forth:

(1)  Bicycles, tricycles or other articles made for use by children may be sold as hereinafter provided, or may, in the alternative, be given to poor or needy or institutionalized children as the Director may order, either directly or by making the same available for distribution through religious, charitable, civic or other organizations, or institutions; provided, however, that at least ten days prior to any such disposition, in a newspaper of general circulation in the City, together with a description thereof, and the rightful owner may claim any such article within the period between final publication and donation, upon satisfactory proof of identity and ownership.

(2)  Any such property may be sold at public sale, provided that the custodian shall cause to be published in a newspaper of general circulation in the City not less than ten days before such sale, a Notice setting forth a description of each article to be sold, the time, date and place of sale, and that any person who claims to be the owner of or claims any interest in any article so described may appear at the Police Department before the time and date set for sale, to reclaim the same upon presentation of satisfactory proof of identity and ownership of such article.

(3)  Such property which consists of jewelry, gems, watches, precious metals, or other property having a unique value, including firearms, or which in the judgment of the Director may bring a higher price if sold on sealed bids, may, in the discretion of the Director, be sold either at public sale as heretofore provided, or to the highest bidder, after solicitation of sealed bids from at least three regular dealers in the particular type of property.  No such sale shall be conducted until there shall have been published in a newspaper of general circulation, published in the City, a Notice setting forth a description of each article to be sold, the time, date and place of bid opening, and that any person who claims to be the owner of or claims any interest in any article so described may appear at the Police Department before the time and date set for the opening of such bids, to reclaim the same upon presentation of satisfactory proof of identity and ownership.  Any person desiring to submit a sealed bid may do so, and such bids and all bids may be rejected if deemed too low, or for any other reason.  Sales of firearms shall be made only to properly licensed dealers.

(4)  Intangible property shall become the sole property of the City and shall be credited to the City's General Fund to be used in the same manner as other funds in the General Fund.  (Ord. 1424, Sec. 2, 06/23/92.)

Section 2-67.  Reclaiming property.

All such property may be reclaimed by the lawful owner, upon proof of identity and ownership satisfactory to the Director, if claimed before donation or sale thereof.

Section 2-68.  Failure to claim property.

Failure to make claim of ownership within the time limits prescribed in this Ordinance, and before sale or donation of any article, shall forever bar the owner or any person claiming ownership by, through or under the owner from making subsequent claim of ownership.

Section 2-69.  Advertisement.

If any property is advertised for sale or donation, the same may be destroyed, abandoned, donated, kept or used by the City, without further Notice, if claim of ownership is not made within the time limit prescribed in the second such Notice; and the owner or any person claiming ownership by, through or under the owner shall thereafter be barred from making any claim of ownership to such property.

ARTICLE 16. OTHER PERSONNEL REGULATIONS

Section 2-70    Repealed (Ord. 3030, effective 1/14/22)

ARTICLE 17. CODE OF CONDUCT AND CODE OF ETHICS

Section 2-71. Code of Conduct and Code of Ethics

(1)       Introduction, Scope and Framework.

This code is implemented to help ensure the highest levels of civility, transparency, integrity and ethical behavior in the conduct of governmental affairs and decision making by Trinidad board and commissions, and Trinidad board and commission members.   This is done not only to maintain the highest level of ethical standards amongst Trinidad Board and Commission members, but also to instill confidence in the public at large as to the deliberative processes and decision making associated with Trinidad Municipal affairs.      

This code shall apply to municipal board and commission members, in their official capacity as such, in their individual dealings and affairs having to do with their serving as a board or commission member, and in their own individual affairs and dealings, insofar as those dealings impact or effect their serving or being able to serve honorably and ethically as a board and/or a commission member.             

(2)       Definitions.

As used in this Code of Ethics and Code of Conduct, the following words, terms and phrases shall have the following meaning:

(a)  Board or Commission:  means any appointive board, commission, committee or other appointed body established pursuant to State law, City ordinance, popular initiative, or a combination of any of the above.  This includes City Council.  This shall include all City boards or commissions entrusted with or empowered to carry out or conduct the business of the City of Trinidad.

(b)  Board or Commission Member:  a current voting or ex officio member, of an existing municipal board or commission, including City Council.   

(c)  Board of Ethics:  the Board of Ethics shall be made up of the Mayor and the then sitting members of City Council, but shall exist as the Board of Ethics after having been so convened.  The Board of Ethics shall conduct hearings, advisements, reading of charges, and imposition of punitive sanctions pertaining to matters associated with the filing of an ethics complaint. 

(d)  City Council:  the duly elected, then sitting and governing board for the City of Trinidad.  Members of the City Council, including the Mayor, shall comprise the Board of Ethics, and the Board of Ethics in this code may be used interchangeably with the term Trinidad City Council as the ethics board and the board entrusted with enforcing and carrying out the provisions of this code.  The sole distinction being that the Board of Ethics is the Trinidad City Council convened as the Board of Ethics.     

(e)  Complaint in Ethics:  a complaint against the Mayor or a member of City Council, or a board or commission member, alleging a violation of the Code of Conduct or the Ethics Code which shall, if not undertaken for the purposes of harassment, intimidation, or is not otherwise baseless or groundless, initiate a proceeding in ethics.

(f)  Criminal conviction:  a judgment, jury verdict, guilty plea, or other adjudication or determination of guilt in a court of law, which shall include all U.S. and Colorado District and County Courts, as well as Trinidad Municipal Court, or other Colorado municipal courts. 

(g)  Petitioner:  the person filing a complaint in ethics.

(h)  Respondent:  the person complained against in an ethics proceeding.    

(3)       Advisory Opinions. 

A member of City Council, or a board or commission member, or a board or commission collectively, may submit a request for an advisory opinion per this Ethics Code, the Code of Conduct, or any other legal question or matter to the City Attorney.  Likewise, any board or commission member, or board or commission collectively, can always ask a policy question of the City Manager, the Assistant City Manager or the City Attorney.  It should be made clear that legal advice can only be obtained from the City Attorney, but advice with respect to policy matters can and generally should be obtained from the other offices specified herein.  Advisory opinions with respect to legal or policy matters are encouraged, as it is far better to seek advice on such matters in advance of acting on a matter than to be wrong.  When seeking advice from the City Attorney, one should be mindful of the fact that legal advice cannot be given to a board or commission or a board or commission member that would in any way be adverse, against, or detrimental to the City as a whole.   

Advisory opinions from the City Attorney can and shall remain confidential provided that a request for an advisory opinion does not present a conflict with the City Attorney’s role as the legal advisor for the City.  Further, if the City Attorney cannot assure confidentiality of a matter, the board or commission member may withdraw their request for an advisory opinion and have the matter remain confidential.         

(4)       Initiating a Proceeding in Ethics:  The Complaint.

An ethics proceeding shall be initiated by the filing of a verified complaint, filed only by a person with firsthand knowledge of the event or events complained of.  Said complaint must be predicated on conduct alleged to have arisen during the preceding 90-day period prior to the complaint having been filed.  A complaint in ethics must be based on an allegation of a violation of one or more provisions of this code.  A verified complaint initiating an ethics proceeding shall be filed with either the office of the City Clerk or the City Attorney.  If the ethics complaint is filed with the City Clerk’s Office, the City Clerk shall provide the City Attorney with a copy of the complaint as soon as practicable.  The City Attorney will likewise provide the City Clerk with a copy should the City Attorney be the one served.  City Council shall be notified within 72 business hours of the filing of a complaint in ethics against one or more of its members, but only after the Council person or persons complained against are first notified of the complaint having been filed against them. 

The board or commission member or members complained against shall thereafter be referred to in this Code as the Respondent(s).

(A)  Review for Factual and/or Legal Sufficiency of the Complaint by the City Attorney:

When a complaint has been filed against a member of City Council, or a member of a City board or commission, and prior to the complaint having been made public, the city attorney shall review the complaint for factual and/or legal sufficiency.  If it appears that the complaint is groundless, baseless, or undertaken for purposes of harassment, vindictiveness or other improper purpose, the city attorney may elect to dismiss the complaint. The city attorney will only dismiss a complaint if it meets the above criteria, and only after having notified the complaining party, the complained against board or commission member, the board or commission that the member sits on, City Council, and after notifying the city clerk and city manager of the existence of the complaint.  Further, a complaint shall not be dismissed by the city attorney if it is originated by a City Council member, or a member of a City board or commission, so as to avoid allegations of the city attorney taking sides in a dispute between Council or   commission members.  When dismissing a complaint, the city attorney will give the reasons for doing so, and provide the complaining party, the relevant board and commission members, City Council, and the City Clerk and City Manager a copy of the dismissal and the reasons therefore.    

            After the Respondent and City Council have been apprised of the filing of a complaint in ethics, the City Council shall, at its next regularly scheduled meeting greater than seven working days after the complaint in ethics is filed, convene as the Board of Ethics.  After the Board of Ethics has so convened, the Respondent shall be advised with respect to the complaint in ethics, and the complaint shall be formally presented to the Respondent and read by the presiding officer should the Respondent so desire.  The Respondent may waive reading of the complaint against him or her. 

After the complaint is read or said reading of the complaint is waived, the Respondent shall admit or deny, in whole or in part, the allegations in the Complaint.  If the allegations are denied, in whole or in part, the matter shall be set for hearing, outside of thirty days from the date the complaint is first read and/or presented to the Respondent.  The Respondent may, however, waive said time period, and have the matter set earlier than thirty days, on a regularly schedule City Council  meeting date, should scheduling so permit and should the Respondent so request. 

           

(B)  Rights of the Respondent at a Hearing Upon an Ethics Complaint Having Been Filed:

 Respondent shall have the following rights at the hearing on the complaint in ethics:

(i)  that he/she has the right to a public hearing before the Board of Ethics, and to be presumed free from wrongdoing unless the complaint is proven by a preponderance of the evidence against them.

(ii)  that he/she has the right to be represented by counsel.

(iii)  that he/she has the right to confront and cross examine the witnesses called against him or her.

(iv)  that he/she has the right to has the right to present evidence on their own behalf, including calling witnesses to testify on their behalf, and to compel the attendance of witnesses to testify on their behalf.

(v)  that he/she will have the right to a fair and impartial hearing on the ethics complaint, and that any members of the Board of Ethics that may have a conflict of interest or are a material fact witness or a complaining party shall recuse themselves from consideration of the ethics complaint at the hearing and from all other proceedings associated with the Complaint proceedings.

(C)  Conducting the Hearing:

The hearing will be presided over by the Mayor, or if the Mayor is a witness or a Respondent, the Mayor pro tem, or if the Mayor pro tem must also be recused, next most senior presiding Council Member remaining on the Board of Ethics, that hasn’t otherwise been disqualified or recused.   This shall be per the rules of succession for presiding officers for City Council.  If there is a tie with respect to seniority amongst the remaining Council Members, the presiding officer shall be determined alphabetically, that is, the person whose last name begins with a letter closest to the beginning of the alphabet.  The presiding officer shall conduct the hearing, rule on objections, admit exhibits, and otherwise preside over the hearing and all matters that arise during the hearing.  The members of the Board of Ethics shall be allowed to ask questions of the witnesses and the parties that give testimony. 

The Petitioner shall have the burden of proof by a preponderance of the evidence, in attempting to prove the Complaint against the Respondent.  The Petitioner shall proceed first in presenting his or her case in chief, consisting of testimony, exhibits and other relevant, admissible evidence, followed by the Respondent and his/her case in chief and evidence of the same relevant nature.  The Petitioner shall be given a chance to rebut, with surrebutal being reserved for the Respondent. 

The Rules of Evidence shall be persuasive authority for the conduct of the hearing for the complaint in ethics.  

(D)  Subordinate Boards and Commissions

As of the date this Code of Ethics and Code of Conduct are being written and considered for adoption, there are nine boards and commissions associated with the City of Trinidad, excluding the Trinidad City Council.  This Code of Conduct and Code of Ethics shall apply to all boards and commissions of the City of Trinidad, and shall apply to the individual members making up those boards and commissions as well.  City Council shall have sole jurisdiction and authority for enforcing this Code with respect to alleged violations of this Code made against members of subordinate City boards or commissions.

A complaint against a board or commission member shall be initiated in the same manner set forth in this Code, and members of a board or commission shall be afforded the same due process rights and protections provided herein, should a complaint be filed against a board or commission member and not be dismissed by the City Attorney.  However, City Council, upon an affirmative vote by a majority of its sitting members, may summarily issue a letter of warning or reprimand against a board or commission member for a violation of this Code.

Should the member of the board or commission that received the summary warning or reprimand issued against them dispute said warning or reprimand, that member shall be afforded the opportunity to be heard by City Council in response.

Members of boards or commissions should be mindful of the fact that they are participating in the business of the City, and as such, are representing the City in their capacity as a board or commission member.  Members of said boards or commissions should refrain from untoward and excessive criticism of the City of Trinidad, City Council, City employees, or City management. Members of subordinate City boards and commissions serve at the pleasure of City Council, and may be removed from their position for cause by a majority vote of City Council.     

           

Section 2-71.1 Rules of Ethics.  

 (1)      Confidentiality.

It is of the utmost importance that board and commission members keep confidential matters confidential, and hold inviolate information that is entrusted to them as part of their official duties. While many matters will be entrusted to board and commission members with the expectation and belief that the commission member will keep the matter confidential, there are certain matters that are, and must be, kept confidential under all circumstances.  Such confidential information includes, but is not limited to:

(a)  Executive Sessions:  it is required that all matters imparted or discussed during an executive session be kept confidential.  This requirement applies to all participants/attendees of an executive session, but especially so for the board and commission members present at the executive session.  Everything that is discussed, the viewpoints expressed, or the leanings of individual members all must be kept confidential.   This is especially so for legal advice given during executive sessions.  In such matters, the confidentiality considerations are heightened by attorney/client principles, as well as the requirements of the confidentiality of executive sessions.     The content of such executive session shall be kept confidential unless it is decided by a majority of City Council to make the matter public.  Board or commission members may lose insurance coverage for revealing matters that are discussed in executive session.

(b)  Legal Advice Given Outside of Executive Session: a member of a board or commission may receive legal advice in their capacity as a municipal official in several ways.  Legal advice given publicly or during a meeting clearly does not carry with it the need for confidentiality, nor can it be expected to be kept confidential.  A board or commission member must differentiate, however, between legal advice given previously in a confidential session/discussion and what has been discussed or revealed publicly.  

(c)  Quasi-Judicial Matters:  matters shared with board or commission members during, before, or after a quasi-judicial matter must absolutely remain confidential, so as to not jeopardize the integrity of the decision making process. 

(d)  Other Confidential Matters: There will be other matters entrusted to board and commission members in their official capacities as well, where the board member will be asked, or expected, to keep a matter or matters confidential.  Usually the person imparting the confidential information will declare the information confidential before the discussion regarding the information, but in some instances it should be a matter of common sense as to information that should be kept confidential.  

(2)       Lawful Compliance.

Board or commission members shall be expected and required to be law abiding during their tenure in office. Law abiding shall mean free of criminal convictions consisting of:  felonies, misdemeanors, class one traffic offenses, or criminal violations of the Trinidad municipal code. Criminal convictions shall not be taken to mean convictions for traffic offenses, lower than a class one traffic offense.    A conviction of a crime under state statute, federal statute, or the Trinidad Municipal Code or other municipal codes may result in the recommendation of the resignation of a member of City Council or a member of a subordinate board or commission, a vote of no confidence by a majority vote of City Council, or the removal of a member of a subordinate board or commission by a majority vote of City Council.

Board or commission members must also abide by and adhere to the Trinidad Municipal Charter, and adhere to the requirements and legal standards set forth therein.  Repeated violations of the Trinidad Municipal Charter by an individual City Council or board or commission member shall be treated as a violation of any other portion of the Code of Ethics or Code of Conduct.  If City Council, or a subordinate board or commission, shall inadvertently violate the Trinidad City Charter, it shall not be deemed a violation by any individual member or all of the Council or a subordinate board or commission.    

           

(3)       Conflicts of Interest.

Board and commission members have a fiduciary responsibility to their constituents and to the people that transact business and come before them to ensure that their decision making is independent, unbiased, and free from inappropriate outside influences.  Stated conversely, it is of paramount importance that board and commission members make decisions in the best interests of Trinidad, and not themselves, their friends or family members.  Conflicts of interest can and will arise for board and commission members in many ways.  It is vital to the decision making process that board and commission members exercise independent judgment free of conflicts of interest.  As always, if a board or commission member believes he or she has a conflict of interest, the best course of action is to err on the side of disclosure in revealing the potential or actual conflict, and seek the advice of staff, and the legal advice of the city attorney, in such a situation.

The standard that shall be adopted for purposes of this Code is that if there is a substantial appearance of impropriety, the appearance of self-dealing, or the likelihood of an impossibility or improbability of being able to exercise independent judgment, as determined by a reasonable person standard.  That is, would a reasonable person in the board or commission member’s position have their ability to fairly decide a matter compromised, impaired by, or would there be the appearance of impropriety, with respect to an outside matter that would make it less likely to render an impartial decision based entirely on the matter presented to the board or commission member?     

            (a)  A direct conflict of interest:  

            A direct conflict of interest shall involve or deal with any decision a board or commission member would be required to make that would affect said member’s business or financial interests; the business or financial interests of a competitor business; any matter that a board or commission member has a direct financial interest in; any matter that would similarly benefit a board or commission member’s family or family member, or their financial interests.  A direct conflict of interest reflects directly on one’s ability to fairly judge or consider a matter, and shall always be disqualifying for a board or commission member.   

(b)  An indirect or potential conflict of interest:

There will be times when a board or commission member will have a conflict of interest that is not a direct conflict, but could or would rise to the level of a conflict of interest nonetheless.  The appearance of impropriety standard would apply to such situations, and if it does appear that the board or commission member would have their ability to exercise independent and impartial judgement reasonably questioned, the member should move to recuse or disqualify him or herself.  

If a board or commission member suspects that they may have a conflict of interest, the member should not take any action with respect to the matter until the question of the conflict of interest can be resolved.  A board or commission member should raise or discuss the possibility of a conflict of interest as soon as they suspect that they may have a conflict.  Also, one should not attempt to influence one’s fellow members of a board or commission, or members of subordinate boards or commissions, on any matter within which they may have a conflict of interest.  This is especially true of matters of a quasi- judicial nature.

 

(4)       Communications.    

Board or Commission members must not run afoul of the Colorado Open Meetings Law, and discuss city business with more than one of their fellow board or commission members.  Communications between three board or commission members or more without a meeting having been properly noticed is a violation of the Colorado Open Meetings Law.  A board or commission member shall not initiate, encourage, or participate in or continue a meeting that one knows or reasonably should have known is in violation of the Colorado Open Meetings Law.  This shall include communication by way of email or text messaging, as a group email or group text to two or more members of a board or commission would constitute a meeting in contravention of the Colorado Open Meetings Law.  

(5)       Nepotism.

A board or commission member shall not attempt to benefit a family member by obtaining employment for them, having a city contract awarded to a family member, or otherwise acting in one’s official capacity to benefit, promote or elevate a family member.  These rules should apply to a board or commission member’s close friends as well, and again, the appearance of impropriety standard should apply to this situation as well.  All rules with respect to conflicts of interest apply to matters of nepotism, and it is a clear conflict and/or misuse of office to try to benefit or advance a family member in one’s capacity as a board or commission member. 

Nepotism rules and considerations should be applied and construed strictly to personnel matters, and a board or commission member should not try to interfere with or influence City management regarding the hiring/firing of a family member or friend, or if already part of the City work force, their work performance, disciplinary matters, or any investigative or disciplinary matter undertaken by the City regarding that friend or family member.

(6)       Emoluments/Gifts.

A board or commission member should not accept a gift with more than $50.00 in value.  A board or commission member should never accept services in lieu of or as a gift, if it relates to their being a board or commission member.    

Section 2-71.2 Violations / Sanctions.

            If a violation of this Ethics Code or the Code of Conduct is proven, the Ethics Board shall elect from the following options the punitive sanction to be imposed:

            ---to issue a public warning, verbal or written;

---to issue a public reprimand or censure, verbal or written;

            ---to issue a written public admonishment;

A public warning shall be the least severe form of punishment, followed by a public reprimand/censure, with the most severe form of punishment being a public admonishment.

As part of an adjudication of wrongdoing and the imposition of a punitive sanction being imposed per the above, the Board of Ethics may also recommend or strongly encourage the Respondent to attend remedial education or training given by an organization such as CIRSA or the Colorado Municipal League regarding the issues that gave rise to the complaint.         

            In considering what punishment to impose, the Board of Ethics shall consider:

            ---the severity of the misconduct;

            ---whether the member has been the subject of an ethics proceeding before,  especially as it concerns the conduct complained of, and whether the present proceeding is of the same subject matter as prior ethics complaints/proceedings;

            ---the facts giving rise to the complaint, the mitigation or aggravation of the alleged misconduct, and;

            ---whether the Council or board or commission member is likely to repeat the conduct that gave rise to the complaint. 

The Ethics Board does not have the authority to remove a member of City Council, but does have that authority with a member of a subordinate board or commission.  The Ethics Board shall not have the authority to levy a fine or impose other sanctions not specified by this Code.    

Section 2-71.3 Code of Conduct.

This Code of Conduct is designed to set forth and memorialize tenants of good conduct for board and commission members, in facilitating how such members deal with and interact with each other, the public, and staff in their municipal capacities.  This Code of Conduct should be used in conjunction with each individual board and commission member’s sense of decency, respect, kindness to others and desire to pursue excellence in municipal affairs.  By getting along with each other, members of boards or commissions are better able to focus on the business at hand, rather than focusing on individual personalities or issues with each other.                 

Board and Commission members shall:

            (a)  While serving a term as an elected or appointed member of a Trinidad board or commission, be mindful that you are always representing the City of Trinidad, even when not conducting official business. 

            (b)  Be respectful of everyone and everyone’s viewpoints, including your peers on your particular board or commission.  Treat them as you yourself would and do want to be treated;

            (c)  Don’t scold, admonish, belittle or diminish others in meetings, especially for taking a position you don’t agree with.  If you have a personal issue with one of your colleagues, address it respectfully after the meeting.  This applies to members of the public addressing or being involved in any proceeding with a board or commission;

            (d)  Similarly, don’t scold, berate, belittle, admonish, or publicly criticize staff during meetings.  Should you have an issue with a staff member during a meeting, feel free to talk to them after the meeting, or direct criticisms about staff to the City Manager if necessary; 

            (e)  Outside of meetings, act in furtherance of the stated policies or decisions of the City in general and your board or commission in particular, not in defiance of them.  Carry out the will of your particular board or commission if known, not your own individual agenda; 

            (f)   Honor and respect settled law and or policies of the City of Trinidad.  One can disagree with those laws and or policies personally, but shouldn’t criticize them or the policy makers for deciding what or how they decided;                

            (g)   Adhere to the Trinidad Code of Ethics;

(h)  Recognize the presiding officer and his or her authority while conducting the meeting;   

            (i)  Remember that one of the most important reflections of a City, and a City’s reputation, is how well meetings are conducted, especially that of City Council.  The better all of the constituent parts function, the better members get along, the more that gets accomplished in an efficient, expeditious yet thorough manner, the better the City looks to the outside world.  Respecting each other, the public and staff, being prepared, setting aside petty personal agendas, and focusing on the business at hand are all the hallmarks of a City board or commission to be proud of, and;.

            (j)  Recognize the presiding officer as such, and “points of order” and “points of personal privilege” notwithstanding, respecting his or her authority while conducting the meeting.    One can always address a matter with the presiding officer after the meeting, and express concerns or issues then.  The more a board or commission member maintains their composure and professionalism during something the individual board or commission member doesn’t agree with, the greater the likelihood of a rational result. 

This Code of Conduct, while setting forth standards of positive and favorable conduct, are primarily aspirational, and therefore recommendations, rather that mandatory principles as set forth in the Code of Ethics.  However, repeated violations of this Code of Conduct may, and shall be, enforceable as would an alleged violation of the Code of Ethics.  (Ord. 2075, Sec 2-71 repealed and re-enacted, eff. 5-17-19)

ARTICLE 18. COLLECTIVE BARGAINING

Section 2-74.   Procedure of Bargaining Units – Elections and Recognition

1)  Definitions. (Ord. 2056, Sec 2-74 (1), amended, eff. 12-15-17)

As used in this Section, unless the context otherwise requires:

    1. “Bargaining Unit”  means each of the three separate Bargaining Units recognized by the City and specified as follows:

        1. Fire Department.

          1. Includes all fire department positions excluding all administrative positions.

        2. Trinidad Police Department.

          1. Includes all police department positions excluding all administrative positions.

        3. General Government.

          1. Includes all general government positions not within the fire or police department, excluding all administrative positions.

    1. “Exclusive Bargaining Agent” means the employee organization recognized by the City as the exclusive bargaining agent in accordance with this Section.

    1. “Majority” means fifty-one percent (51%) of the entire bargaining unit.

  1. Recognition.

    1. The City recognizes as the exclusive bargaining agent for each Bargaining Unit the employee organization which is a party to the Collective Bargaining Agreement with the City for that bargaining unit at the time of the adoption of this Ordinance.

    1. Petition for De-Certification .  The Petition form for de-certification must be signed by thirty percent (30%) of all members of the bargaining unit and an election shall be held within thirty (30) days of the filing of the Petition to determine whether a majority desire to continue to be represented by the current exclusive bargaining agent or by a new exclusive bargaining agent.  Petition forms may be obtained from the City Clerk and no more than one petition may be filed in each separate bargaining unit to decertify the exclusive bargaining agent for that bargaining unit in any Council-approved Agreement term.

      1. The ballot question to decertify shall be:

“Should [insert name of bargaining agent] continue as the exclusive bargaining agent for [insert said bargaining unit]?

___YES

___NO”

    1. Petition for Certification. The Petition form for certification of an exclusive bargaining agent must be signed by thirty percent (30%) of all members of the bargaining unit and an election shall be held within thirty (30) days of the filing of the Petition to determine whether a majority desire to be represented by the proposed exclusive bargaining agent, to not be represented by the proposed exclusive bargaining agent, or to have no representation. If no choice receives a majority of the votes cast, there will be a run-off election between the two choices receiving the greatest number of votes. Petition forms may be obtained from the City Clerk.

      1. The ballot question to certify shall be:

“Should [insert proposed bargaining agent] become the exclusive bargaining agent for [insert said bargaining unit]?

___YES

___NO

___I elect to have no representation.”

  1. Election Procedure. Any election for de-certification or certification of an exclusive bargaining unit shall be conducted by the City Clerk’s office. The election shall take place over the time span of one full business week (Monday through Friday, 8:00 am to 5:00 pm daily).

  1. Notice.

    1. Notice for de-certification shall be given and ballots shall be returned to the City Clerk and counted by individuals appointed by the Council. If a majority of the membership of the bargaining unit vote to support the de-certification petition, the council shall decertify the exclusive bargaining agent.

    1. Notice for certification shall be given and ballots shall be returned to the City Clerk and counted by individuals appointed by the Council. If a majority of the membership of the bargaining unit vote to support the certification, the council shall certify the exclusive bargaining unit.

  1. Appeal of Election. Should any member of the bargaining unit desire to appeal to the City Clerk the result of the election as to the validity of the ballots, such appeal shall be filed within ten (10) days of the vote. Any resulting recount of ballots and the decision of whether to accept or deny the disputed ballots by the City Clerk shall be final.

6)  The City Manager in consultation with the City Clerk may adopt procedures to implement this Ordinance.   (Ord. 2011, Article 18 enacted, eff. 7-19-16)