Document Brighton_doc_9c25dbf926

2-1 CHAPTER 2 Administration and Personnel Article 2-4 City Council Sec. 2-4-10 Election of members and term Sec. 2-4-13 Nomination petitions Sec. 2-4-17 Compensation Sec. 2-4-20 Filling vacancies Sec. 2-4-25 Employment of relatives prohibited Sec. 2-4-30 Regular meetings Sec. 2-4-40 Special meetings Sec. 2-4-50 Executive sessions Sec. 2-4-60 Study sessions Sec. 2-4-70 Minutes to be kept Sec. 2-4-80 Rules of procedure Article 2-8 General Organization Sec. 2-8-10 Plan adopted Sec. 2-8-20 Boards, commissions and authorities designated Sec. 2-8-25 Policy for appointment of members to City boards, commissions and authorities Sec. 2-8-30 Duties of boards and commissions Sec. 2-8-40 Legal Department Sec. 2-8-50 Municipal Court Sec. 2-8-60 Legal Department and Municipal Court duties Sec. 2-8-70 General administrative organization Sec. 2-8-80 Department of Finance Sec. 2-8-90 Police Department Sec. 2-8-100 Firefighting Department Sec. 2-8-110 Department of Community Service Sec. 2-8-120 Department of Streets and Fleet and Department of Utilities Sec. 2-8-130 Department of Community Development Sec. 2-8-140 Department of Economic Development Sec. 2-8-150 Department of Parks and Recreation Sec. 2-8-160 Department of Information Technology Sec. 2-8-170 Department of Administrative Services Article 2-10 Code of Ethics Sec. 2-10-10 Purpose Sec. 2-10-20 Definitions Sec. 2-10-30 Restrictions Sec. 2-10-40 Conflict of interest disclosure; Council member or commission or authority member Sec. 2-10-50 Conflict of interest disclosure; City employee Sec. 2-10-60 Prior employment, outside employment and subsequent employment Sec. 2-10-70 Appearances of impropriety discouraged Sec. 2-10-80 Prohibition of certain contracts Sec. 2-10-90 Quasi-judicial matters Sec. 2-10-100 Sanctions and remedies for violation Sec. 2-10-110 Enforcement Sec. 2-10-120 Violations; penalty ---PAGE BREAK--- 2-2 Article 2-12 City Manager Sec. 2-12-10 Powers and duties Article 2-16 Municipal Court Sec. 2-16-10 Created Sec. 2-16-15 Municipal Court record Sec. 2-16-20 Appointment of Municipal Judge Sec. 2-16-30 Removal of Municipal Judge Sec. 2-16-40 Qualifications of Municipal Judge Sec. 2-16-50 Oath of Municipal Judge Sec. 2-16-60 Court costs Sec. 2-16-70 Probation Sec. 2-16-80 Failure of parent to obey court orders Sec. 2-16-90 Compliance with process Sec. 2-16-100 Contempt of court; penalty Sec. 2-16-110 Contempt of court defined Article 2-20 Abandoned or Unclaimed Personal Property Sec. 2-20-10 Chief of Police as custodian Sec. 2-20-20 Recordkeeping duty of Chief of Police Sec. 2-20-30 Property held as evidence Sec. 2-20-40 City Manager custodian of other property Sec. 2-20-50 Disposition generally Sec. 2-20-60 Notification of owner Sec. 2-20-70 Disposal of unclaimed property Sec. 2-20-80 Failure to claim property Sec. 2-20-90 Exceptions generally Sec. 2-20-100 Firearms Sec. 2-20-110 Destruction of certain property Sec. 2-20-120 Specific exceptions Sec. 2-20-130 Contents of quarterly report Sec. 2-20-140 Sale of unclaimed property; notice required Sec. 2-20-150 Sale of unclaimed property; City Manager authority Sec. 2-20-160 Exceptions; right of finder Sec. 2-20-170 Sale of perishable and certain other property Sec. 2-20-180 Report of sales and disposition of proceeds Sec. 2-20-190 Disposition of unsold property Article 2-24 Reserve Police Officers Unit Sec. 2-24-10 Creation and membership Sec. 2-24-20 Administrative command Sec. 2-24-30 Compensation Sec. 2-24-40 Call to duty and direction; rules and regulations Sec. 2-24-50 Oath Sec. 2-24-60 Resignation and removal Sec. 2-24-70 Powers and duties Sec. 2-24-80 Disobedience to rules or orders deemed misdemeanor Article 2-25 Brighton Youth Commission Sec. 2-25-10 Establishment Sec. 2-25-20 Purpose Sec. 2-25-30 Powers and duties Sec. 2-25-40 Membership ---PAGE BREAK--- 2-3 Sec. 2-25-50 Terms of office Sec. 2-25-60 Appointment of Brighton Youth Commission Sec. 2-25-70 Organization and rules Sec. 2-25-80 Absences Sec. 2-25-90 Removal Sec. 2-25-100 Compensation and reimbursement of expenditures Sec. 2-25-110 Vacancies Article 2-28 Health Department and Health Officer Sec. 2-28-10 Appointment of Health Officer Sec. 2-28-20 Powers and privileges of Health Officer Sec. 2-28-30 Coordination with Tri-County Health Department; enforcement Article 2-32 Park and Recreation Advisory Board Sec. 2-32-10 Title Sec. 2-32-20 Purpose Sec. 2-32-30 Powers and duties Sec. 2-32-40 Membership Sec. 2-32-50 Terms of office Sec. 2-32-60 Appointment of Board Sec. 2-32-70 Staff representative Sec. 2-32-80 Organization and rules Sec. 2-32-90 Absences/alternates Sec. 2-32-100 Removal Sec. 2-32-110 Compensation and reimbursement for expenditure Sec. 2-32-120 Vacancies Article 2-36 Planning Commission Sec. 2-36-10 Planning generally Sec. 2-36-20 Purpose Sec. 2-36-30 Created; membership Sec. 2-36-40 Appointment Sec. 2-36-50 Term of office and compensation Sec. 2-36-60 Powers and duties generally Sec. 2-36-70 Organization and rules Article 2-37 Board of Adjustment Sec. 2-37-10 Board of Adjustment Article 2-38 Development Review Committee Sec. 2-38-10 Creation Sec. 2-38-20 Powers and duties Sec. 2-38-30 Meetings Sec. 2-38-40 Referral, review and comments Article 2-40 Housing Authority Sec. 2-40-10 Organization of Housing Authority Sec. 2-40-20 Board membership and term of office Sec. 2-40-30 Compensation Sec. 2-40-40 Rules governing procedures Sec. 2-40-50 Powers and duties generally Sec. 2-40-60 Removal of Commissioner Article 2-44 Cemetery Sec. 2-44-10 Establishment and operation generally ---PAGE BREAK--- 2-4 Sec. 2-44-20 Perpetual care defined and provided Sec. 2-44-30 Sale of lots and issuance of deeds Sec. 2-44-40 Proceeds from sale of lots Sec. 2-44-50 Cemetery plat and recordkeeping required Sec. 2-44-60 Perpetual care receipt and certificate Sec. 2-44-70 Notice of interment Sec. 2-44-80 Contagion notice and disinterment restrictions Sec. 2-44-90 Disinterment procedure Sec. 2-44-100 Location and size of graves Sec. 2-44-110 Care and control by City; exception Sec. 2-44-120 Decorations; City nonliability Sec. 2-44-129 Definitions Sec. 2-44-130 Fees Sec. 2-44-140 Driving on lots prohibited Sec. 2-44-150 Entry prohibited; posting of hours Sec. 2-44-160 Destruction of property prohibited Sec. 2-44-170 Burial in approved cemeteries within City required Sec. 2-44-180 Interment and disinterment not allowed when Article 2-48 Office of Emergency Management Sec. 2-48-10 Agency created and Director designated Article 2-52 Officers' Bonds Sec. 2-52-10 City Manager's bond Sec. 2-52-20 City Clerk-Treasurer's bond Sec. 2-52-30 Premiums paid by City Sec. 2-52-40 Municipal Judge's bond Article 2-56 Officers' Salaries Sec. 2-56-10 Salaries determined by annual budget Article 2-60 Pensions Sec. 2-60-10 Adoption by resolution Sec. 2-60-20 Adoption of pension and benefit plans by reference Sec. 2-60-30 Conflicts Article 2-64 Employees' Pension Plan and Trust Agreement Division 1 Name and Purpose of Plan and Trust Sec. 2-64-10 Title and intent Division 2 Contributions by City, State and Participants Sec. 2-64-50 Determination of contribution by City Sec. 2-64-60 Time and method of payment of contribution by City Sec. 2-64-70 Contributions by participants Sec. 2-64-80 City's obligations Division 3 Determination and Vesting of Participants' Interests Sec. 2-64-110 Vesting of participants' interests Sec. 2-64-130 Vesting upon termination of plan or discontinuance of contributions Division 4 Retirement Date; Designation of Beneficiary Sec. 2-64-140 Retirement age Sec. 2-64-150 Designation of beneficiary Division 5 Distribution From Trust Fund Sec. 2-64-160 When interests become distributable and effect thereof Division 6 Administration Board ---PAGE BREAK--- 2-5 Sec. 2-64-260 Appointment Sec. 2-64-270 Duties and powers Sec. 2-64-280 Organization and operation Sec. 2-64-290 Matters affecting Board members Sec. 2-64-300 Compensation and expenses Sec. 2-64-310 Records Sec. 2-64-320 Immunity from liability Sec. 2-64-330 Resignation and removal of members; appointment of successors Sec. 2-64-340 Authorization of loans to participants Division 7 Powers and Duties of Trustee Sec. 2-64-410 Records and accounts Division 8 Continuance, Termination and Amendment of Plan and Trust Sec. 2-64-430 Continuance of plan not contractual obligation of City Sec. 2-64-440 Termination of trust Sec. 2-64-450 Distribution of trust fund on termination of plan Sec. 2-64-460 Amendments to plan and trust agreement Division 9 Miscellaneous Sec. 2-64-470 Benefits to be provided solely from trust fund Sec. 2-64-480 Notices from participants to be filed with Board Sec. 2-64-490 Text to control Sec. 2-64-500 Law governing and severability Sec. 2-64-510 Plan for exclusive benefit of participants; reversion prohibited Article 2-65 Liquor Licensing Authority Sec. 2-65-10 Liquor Licensing Authority established Sec. 2-65-20 Membership; terms of office; officers Sec. 2-65-30 Appointment Sec. 2-65-40 Removal Sec. 2-65-50 Vacancies Sec. 2-65-60 Training Sec. 2-65-70 Rules of procedures Sec. 2-65-80 Staff representation Sec. 2-65-90 Compensation and reimbursement of expenditure Sec. 2-65-100 Quorum appeal Sec. 2-65-110 Exercise of police power Article 2-66 Historic Preservation Commission Sec. 2-66-10 Establishment; membership Sec. 2-66-20 Powers and duties Sec. 2-66-30 Officers; procedures; bylaws Sec. 2-66-40 Meetings records; annual report; action plan ---PAGE BREAK--- 2-6 ARTICLE 2-4 City Council Sec. 2-4-10. Election of members and term. The election of the Mayor and eight Council members shall be governed by the Colorado Municipal Election Code, except as otherwise provided by the City Charter, or by ordinance not in conflict with the Charter. Council seats regularly expiring in accordance with this Section shall be elected to serve four- year terms. The terms of office of the Mayor and Council members shall be governed by the City Charter or by ordinance not in conflict with the Charter. (Prior code §§1-1000, 1-1001; Ord. 700, 1972; Ord. 1339 1989; Ord. 1589, 1999; Ord. 1710 2001) Sec. 2-4-13. Nomination petitions. The nomination petitions for any person who desires to be a candidate for Mayor or Council may be circulated and signed beginning on the ninety-first day and ending on the fifty-seventh day prior to the day of the election. (Ord. 1657 2000) Sec. 2-4-17. Compensation. The Mayor shall be compensated at the rate of one thousand four hundred dollars ($1,400.00) per month. Such rate shall apply only upon commencement of the Mayor's term of office following an election held on or after November 1, 2005, as provided by law. The Mayor Pro Tem shall be compensated at the rate of one thousand two hundred dollars ($1,200.00) per month. Such rate shall apply only upon commencement of the Mayor Pro Tem's term of office following an election held on or after November 1, 2005, as provided by law. Each Council member shall be compensated at a rate of one thousand dollars ($1,000.00) per month. Such rate shall apply only upon commencement of a Council member's term of office following an election held on or after November 1, 2005, as provided by law . (Ord. 1599 1999; Ord. 1842 2005) Sec. 2-4-20. Filling vacancies. A vacancy occurring in the office of Mayor shall be filled as provided by the City Charter. Vacancies occurring in the Council shall be filled as provided by the City Charter. (Prior code §1 -1002; Ord. 700, 1972; Ord. 1339 1989; Ord. 1710 2001) Sec. 2-4-25. Employment of relatives prohibited. In that the employment of appointed or elected City officials almost always gives the appearance of a conflict of interest or supervisory relationship over employees, it shall be the policy of the City to prohibit all employment of relatives of appointed or elected City officials, including preexisting ---PAGE BREAK--- 2-7 conditions. A relative of an appointed or elected City official is defined as spouse, child, stepchild, grandchild, son-in-law, daughter-in-law, parent, grandparent, brother, sister or persons residing in the same household, either on a permanent or temporary basis. An appointed official shall include City Manager, Assistant City Manager, Chief of Police and director positions. Elected officials shall include members of the City Council. (Ord. 1458 1994) Sec. 2-4-30. Regular meetings. The regular meetings of the City Council shall be held on the first and third Tuesdays of each month, commencing at 7:00 p.m., at the municipal building in the City, or at such other location as shall be designated by the City Council, and publicized by notice posted in a conspicuous place at the regular place of meeting. Except as provided herein, any regular Council meeting which has not adjourned at or before 11:00 p.m. shall be continued until 7:00 p.m. on the following evening. At the discretion of the City Council, any regular Council meeting may be extended beyond 11:00 p.m. for no more than two additional fifteen-minute periods, upon motion duly made and seconded, and approved by a majority of the Council members present at the meeting. The first meeting following each regular municipal election shall be the organizational meeting. (Prior code §1-501; Ord. 838 §1(part), 1975; Ord. 1523 1997; Ord. 1710 2001) Sec. 2-4-40. Special meetings. Special meetings shall be called as provided by the City Charter or by ordinance not in conflict with the Charter. Any business which may lawfully come before a regular meeting may be transacted at a special meeting if all of the members of the Council present consent thereto, and all of the members absent file their written consent. (Prior code §1-502; Ord. 838 §l(part), 1975; Ord. 1710 2001) Sec. 2-4-50. Executive sessions. All regular and special meetings of the City Council shall be open to the public, except that upon the affirma tive vote of two-thirds of the members, the City Council may hold an executive session. All executive sessions shall be convened and conducted in accordance with the Brighton Charter, this Section and applicable law, and only for the purposes authoriz ed by law. A record shall be kept of the actual contents of executive session discussion, except that such record need not be verbatim. Said discussions shall be recorded in the same manner and media that the City Council uses to record the minutes of regular or special meetings, including by making any form of electronic recording of the discussions. No record shall be required to be kept of all or any portion of the discussion during an executive session that constitutes a privileged attorney-client communication. No formal or legally binding action by the Council for the City shall take place at an executive session, except that the Council may take formal action to review, amend and approve any written minutes of such session. (Prior code §1-503; Ord. 838 §1(part), 1975; Ord. 1706 2001) Sec. 2-4-60. Study sessions. The City Council may hold study sessions on the Tuesday of alternate weeks when no regular meeting is scheduled (usually the second and fourth Tuesday of each month), commencing at 6:00 p.m., at the ---PAGE BREAK--- 2-8 municipal building of the City, or at such other time or location as shall be designated by the City Council, and publicized by notice posted in a conspicuous place at the regular place of meeting. Said study sessions shall be open to the public, and shall be considered special meetings only to the extent that the Council may hold an executive session as provided in Section 2-4-50 above. No formal or legally binding action by the Council for the City shall take place at a study session. (Prior code §1-504; Ord. 838 §1(part), 1975; Ord. 1710 2001; Ord. 1865 2006) Sec. 2-4-70. Minutes to be kept. The City Clerk shall keep minutes of the proceedings of each regular and special meeting of the City Council in the English language. All such minutes shall be administered and controlled pursuant to and in accordance with the City's Record Management Policy. The record of an executive session shall be retained by the City Attorney for not less than ninety (90) days following the date of the executive session, after which time the record may be immediately destroyed. If the City Attorney is the subject of the executive session, the Presiding Officer of the executive session shall designate who should retain the record for the ninety-day period. (Prior code §1-505(1); Ord. 838 §1(part), 1975; Ord. 1706 2001) Sec. 2-4-80. Rules of procedure. The current version of Robert's Rules of Order shall be used as rules of procedure for the conduct of the meetings of the City Council; provided, however, that said rules may be suspended by a majority vote of the entire Council in office at the time the vote is taken. (Prior code §1-505(2); Ord. 838 §1(part), 1975) ARTICLE 2-8 General Organization Sec. 2-8-10. Plan adopted. The City Council recognizes and adopts the following as the organizational plan of the City. (Prior code §1-203(part); Ord. 828 §1(part), 1975; Ord. 1521 1997; Ord. 1880 2006) Sec. 2-8-20. Boards, commissions and authorities designated. The Council may, by ordinance, establish, consolidate or abolish any City board, commission or authority, except the Planning Commission, Board of Adjustment and Board of Appeals may not be abolished. The boards, commissions and authorities of the City shall include: Planning Commission; Board of Appeals; Board of Adjustment; Parks and Recreation Advisory Board; ---PAGE BREAK--- 2-9 Brighton Historic Preservation Commission; Brighton Youth Commission; Brighton Cultural Arts Commission; Brighton Housing Authority; Brighton Urban Renewal Authority; (10) Brighton Liquor Licensing Authority; and (11) All boards, commissions or authorities as demanded and/or declared by statute for cities. (Prior code §1-203(1); Ord. 828 §1(part), 1975; Ord. 1521 1997; Ord. 1710 2001; Ord. 1880 2006; Ord. 1933 2008) Sec. 2-8-25. Policy for appointment of members to City boards, commissions and authorities. The City Council shall, by resolution, establish a policy for the appointment of members to City boards, commissions and authorities. Such policy shall address, at a minimum, a process for the advertising of vacancies, acceptance of application, interviewing of applicant, appointment of members and ratification of appointments. Such policy may be amended from time to time by resolution of the City Council. Any policy established under this Section and applied to a particular board, commission or authority shall not conflict with the appointment process established by ordinance for that particular board, commission or authority. The terms of office of appointed members of the Board of Appeals, Planning Commission/Board of Adjustment, Liquor Licensing Authority and the Parks and Recreation Advisory Board shall be limited to two terms, which shall include the term of office which the member was previously appointed and is serving on June 23, 2009. Except as may be otherwise determined by the City Council, no person may be appointed to serve a succeeding term on the board, commission or authority from which that person has been term limited. The term limits herein stated shall not apply to the appointment to an unexpired term of no more than one-half of the full term of office. Nothing herein shall be deemed to limit the number of terms that the City Historian may serve. The membership of the Planning Commission/Board of Adjustment, Historic Preservation Commission and Parks and Recreation Advisory Board is hereby increased by the addition of two persons no older than eighteen (18) years who reside in the City of Brighton and who shall be appointed as follows: The two youth members shall represent the community at large and shall be appointed by the Mayor with the approval of the City Council; and In recommending, selecting and appointing such youth members to the particular boards, commissions and authorities, the Mayor and City Council members may in their reasonable discretion conduct such interviews and adopt such selection guidelines and procedures as are reasonable necessary or appropriate so as to properly evaluate the qualifications of prospective youth members for the purpose of making quality appointments. ---PAGE BREAK--- 2-10 The terms for the youth members shall be two years, provided that one of the initial appointments shall be for a one year term and thereafter the terms shall be staggered. The youth members shall be encouraged to fully participate in the business of the Board, Commission or Authority, provided that the youth members serving on the Planning Commission/Board of Adjustment and Historic Preservation Commission shall not vote. The youth members serving on the Parks and Recreation Advisory Board shall be encouraged to fully participate in the business of the Board, including the right to vote on matters coming before the Board. (Ord. 1933 2008; Ord. 2002 2009) Sec. 2-8-30. Duties of boards and commissions. The duties of the boards and commissions designated in Section 2-8-20 shall be as prescribed by City ordinances and state statutes. Each member of any such board or commission shall take an oath of office to support the Constitution of the United States and the Constitution of the State and to faithfully perform his or her duties as a member of such board or commission prior to assuming his or her duties on such board or commission. (Ord. 971 1978; Ord. 1880 2006) Sec. 2-8-40. Legal Department. The Legal Department of the City shall consist of a City Attorney and assistants. (Prior code 203(2); Ord. 828 §1(part), 1975; Ord. 1880 2006) Sec. 2-8-50. Municipal Court. The Municipal Court shall consist of a Municipal Judge, Deputy Judges, Prosecuting Attorney and other appointed judges and attorneys as deemed necessary by the City Council. (Prior code §1-203(3); Ord. 828 §1(part), 1975; Ord. 1710 2001; Ord. 1774 2003; Ord. 1880 2006) Sec. 2-8-60. Legal Department and Municipal Court duties. The duties of the Legal Department and of the Municipal Court shall be as prescribed by the City Charter and City ordinances not in conflict therewith. Each member of the Legal Department and the Municipal Judge and Deputy Judges shall take an oath of office to support the Constitution of the United States and the Constitution of the State and to faithfully perform the respective duties of the Legal Department and of the Municipal Judge and Deputy Judges prior to assuming the respective duties of the Legal Department and of the Municipal Judge and Deputy Judges. (Ord. 972 1978; Ord. 1710 2001; Ord. 1880 2006) Sec. 2-8-70. General administrative organization. The administrative organization of the City shall be divided into departments under the control of the City Manager. The City Manager is authorized to issue such administrative rules and regulations and to outline administrative procedures not in conflict with the laws of the State or ordinances of the City, as ---PAGE BREAK--- 2-11 may become necessary for the adequate functioning of all departments. The City Manager, Assistant City Manager, department heads, commissioned police officers and reserve police officers shall take an oath of office to support the Constitution of the United States and the Constitution of the State and to faithfully perform their duties prior to assuming their respective offices with the City. (Ord. 973 1978; Ord. 1880 2006) Sec. 2-8-80. Department of Finance. The Department of Finance shall be headed by the Director of Finance who shall assist the ex officio City Treasurer in performance of his or her responsibilities and shall, in association with the City Clerk, keep and supervise all accounts of the City; apportion and collect the revenues of the City; satisfy the financial obligations of the City; and manage and coordinate all fiscal affairs of the City. The Director of Finance shall act as purchasing officer of the City and shall perform such other duties pertaining to such office as may be prescribed by law or assigned by the City Manager. (Ord. 1154, 1983; Ord. 1521 1997; Ord. 1880 2006) Sec. 2-8-90. Police Department. The Police Department shall include commissioned police officers, clerical personnel and noncommissioned reserve officers who shall serve without pay. The Police Department shall be headed by a Chief of Police who shall be the commanding officer of the Department. He or she shall direct the police work of the City, and shall be responsible for the enforcement of law and order throughout the City. His or her work shall include control of investigations, records, traffic, crime prevention, all matters allied with police work and other duties as shall be prescribed by law or assigned by the City Manager. The Chief of Police shall provide adequate orientation training for new officers, as well as progressive training for all police officers. (Prior code §1-203(4)(b); Ord. 828 §1(part), 1975; Ord. 1880 2006) Sec. 2-8-100. Firefighting Department. The City shall provide for the extinguishment of fire, the protection of health and property against fire and the removal of fire hazards through the creation of a Firefighting Department, by recognition of a special district duly organized under Title 32, C.R.S., and authorized to provide said services, or by agreement with an entity specifically organized and authorized by law to provide firefighting services to the City. The Firefighting Department, special district or other entity contractually obligated to provide firefighting services to the City shall operate in the City in accordance with the ordinances of the City as passed by the City Council, and in accordance with agreements made by the City Council. (Prior code §1 -203(4)(c); Ord. 828 §1(part), 1975; Ord. 1710 2001; Ord. 1880 2006) Sec. 2-8-110. Department of Community Service. The Department of Community Service shall assume oversight responsibility of the following: Special Events, Facility Maintenance, Municipal Courts, Downtown Development Authority and the Urban Renewal Authority. The Department of Community Service shall be appointed duties as deemed necessary by the City Manager. The staff shall perform such other duties as are prescribed by law or assigned by the City Manager. (Ord. 1880 2006) ---PAGE BREAK--- 2-12 Sec. 2-8-120. Department of Streets and Fleet and Department of Utilities. Department of Streets and Fleet. The Department of Streets and Fleet shall be headed by the Director of Streets and Fleet, who shall have the following responsibilities: supervise and be responsible for City engineering services and functions related to public rights-of-way, public parking and related improvements of whatever kind or nature; the design, construction, inspection, management and maintenance of all public rights-of-way, municipal parking areas and related public improvements within the City; the efficient operation of the City garage; the housing, repair and servicing of all City motor vehicles; the enforcement of the City ordinances, rules, regulations, specifications and standards related to rights-of-way, parking and related improvements of whatever kind or nature; and the performance of such other duties as may be prescribed by law or assigned by the City Manager. Any references in the City ordinances, rules, regulations, standards or specifications to "Director of Public Works," "Director," "Public Works" or "Public Works Department" which relate to public rights-of-way, public parking or the City garage and/or vehicles shall be deemed to reference the Department of Streets and Fleet or the Director thereof as the context shall require. Traffic Engineer. Duties and powers of Traffic Engineer or other designated traffic official. a. It shall be the general duty of the Traffic Engineer or other official vested with the responsibility for traffic as provided herein to determine the installation and proper timing and maintenance of official traffic-control devices, to ensure that all traffic-control devices required hereunder are uniform as to type and location as required by state law, to conduct analyses of traffic accidents and to devise remedial or corrective measures, to conduct investigations of traffic conditions, to plan the operation of traffic on the streets and highways of the City, to cooperate with other officers and officials in the development of ways and means to improve traffic conditions and to carry out such additional powers and duties as are imposed by this Code. b. The Traffic Engineer or other official vested with the office as provided for herein is empowered and authorized, consistent with the provisions of this Code, state law and the discretion vested within the Department of Streets and Fleet, to take whatever action the Traffic Engineer determines necessary for the proper regulation, control and facilitation of traffic in the City. Department of Utilities. The Department of Utilities shall be headed by the Director of Utilities, who shall have the following responsibilities: supervise and be responsible for City engineering services and functions related to the City's water, sanitary sewer, drainage and storm water systems and related improvements of whatever kind or nature; the design, construction, inspection, management and maintenance of the City's water, sanitary sewer, drainage, storm water systems and related improvements of whatever kind or nature within the City; the enforcement of the City ordinances, rules, regulations, specifications and standards related to water, sanitary sewer, drainage, storm water and related improvements of whatever kind or nature; and the performance of such other duties as may be prescribed by law or assigned by the City Manager. Any references in the City ordinances, rules, regulations, standards or specifications to "Director of Public Works," "Director," "Public Works" or "Public Works Department" which relate to the City's water, sanitary sewer, drainage, storm water systems and related improvements of whatever kind or nature shall be deemed to reference the Department of Utilities or the Director thereof as the context shall require. (Ord. 1963 2008; Ord. 2062 2010) ---PAGE BREAK--- 2-13 Sec. 2-8-130. Department of Community Development. The Department of Community Development shall be headed by the Director of Community D evelopment, who shall be responsible for City planning and zoning services, zoning ordinances, development engineering applications of the City, Brighton Historic Preservation planning efforts and community development activities in general. The Director of Community Development shall perform such duties as shall be prescribed by law or assigned by the City Manager. The Director of Community Development shall assume oversight responsibility of the Building Inspection Division, to be headed by the Chief Building Inspector. The Chief Building Inspector shall perform such duties as are prescribed by law or are assigned by the City Manager and/or the Director of Community Development, including but not limited to responsibility for all inspection services as may be required by building, plumbing, gas, electrical, mechanical and housing ordinances, as well as general City construction activities in order to ensure compliance with all applicable building codes and safety requirements for construction. (Ord. 1272, 1987; Ord. 1521 1997; Ord. 1710 2001; Ord. 1880 2006) Sec. 2-8-140. Department of Economic Development. The Department of Economic Development shall be headed by the Director of Economic Development, who shall supervise the economic development of the Brighton area and its environs, shall contact, deal with and attract quality industry and business to the Brighton area and shall retain and assist the growth and development of existing business concerns. The Director of Economic Development shall report to the Assistant City Manager and perform such other duties as are prescribed by law or assigned by the City Manager. (Ord. 1880 2006) Sec. 2-8-150. Department of Parks and Recreation. The Department of Parks and Recreation shall be headed by the Director of Parks and Recreation, who shall be responsible for and shall supervise the operation and maintenance of the City recreation programs and the operation, maintenance, construction and landscaping of the City recreation facilities, parks, trails, open space and cemeteries. The Director of Parks and Recreation shall also be responsible for supervision of City senior and cultural facilities and services. The Director of Parks and Recreation shall perform such other duties as are prescribed by law or assigned by the City Manager. (Ord. 1125 §l(part), 1983; Ord. 1521 1997; Ord. 1589, 1999; Ord. 1710 2001; Ord. 1880 2006) Sec. 2-8-160. Department of Information Technology. The Department of Information Technology shall be headed by the Director of Information Technology and be subject to the supervision of the Assistant City Manager. The Director of IT shall be responsible for the performance of the GIS, computer and telephone system development, implementation, maintenance and operations and shall be responsible for the development of the departmental operating policies and procedures. The Director of IT oversees or conducts the research for and purchase of all information systems hardware and software in accordance with City purchasing policies. The Director of IT shall perform such other duties as are prescribed by law or assigned by the City Manager. (Ord. 1880 2006) ---PAGE BREAK--- 2-14 Sec. 2-8-170. Department of Administrative Services. The Department of Administrative Services shall be headed by the Director of Administrative Services and be subject to the supervision of the City Manager. The Director of Administrative Services shall be responsible for the oversight of the Human Resources Department and the Office of the City Clerk. The Director shall be responsible for the development of the departmental operating policies and procedures and shall be appointed duties as deemed necessary by the City Manager. The Director of Human Resources shall be responsible for directing and administering the City human resources programs and activities, including recruitment, selection, classification, compensation, employee relations, benefits, retirement plans and training. The Director of Human Resources shall perform such duties as shall be prescribed by law or assigned by the City Manager. There is hereby established the office of the City Clerk. The City Clerk shall be Clerk of the City Council. Subject to the direct control of the City Manager in all matters, the City Clerk shall issue licenses; collect license fees; make and keep a journal of proceedings of the City Council; exercise custody of all public records of the City not specifically entrusted to any other officer; perform all the duties prescribed by the municipal election laws; cause the publication of all notices, unless otherwise provided by law; file and preserve all contracts to which the City is a party; and perform such other duties pertaining to such office as may be prescribed by law or assigned by the City Manager. In addition, the City Clerk shall, when so assigned by ordinance or the City Council, act as the licensing authority for the City, and in each instance where a bond is required, shall determine the sufficiency of the bond in reference to the governing ordinance. The City Manager shall appoint a qualified City Treasurer according to the provision set forth in Article VII, Section 7.6 of the City Charter. The City Treasurer shall be responsible for the keeping and supervising of all accounts; have custody of all public monies of the City and apportion and collect special assessments. (Ord. 1880 2006) ARTICLE 2-10 Code of Ethics Sec. 2-10-10. Purpose. Purpose. The purpose of this Article is to protect the integrity of City government by: Defining and discouraging certain actions that may create an appearance of impropriety that undermines public trust in the accountability and loyalty of elected and appointed public officials and employees. Protecting the integrity of City government by providing standards of conduct and guidelines for elected and appointed public officials and public employees to follow when their private interests as residents conflict with their public duties. Legislative intent. It is the intent of the City Council to: ---PAGE BREAK--- 2-15 Prohibit public officials and public employees from acting on any matter in which he or she may have a conflict of interest. Establish guidelines to encourage public officials and public employees to avoid any appearance of impropriety. Require adherence to any provision of state or federal law that imposes a higher standard of conduct than this Article. (Ord. 1898 2006) Sec. 2-10-20. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Affiliated with: an employee, partner, agent, stockholder, joint venturer or corporate director of any business organization or a person who shares office space with such organization. Board: See Commission. Business entity: any corporation whether for profit or nonprofit, governmental entity, business, trust, limited liability company, partnership, association or other legal entity; and any other form of business, sole proprietorship, firm or venture carried on for profit. Commission: any appointive board or commission or other appointive body or authority of the City. The term commission or board shall not include members of advisory ad hoc committees who are not otherwise officers, board members, commission members or employees of the City. Commission member : a regular or alternate member of a commission, board, authority or similar body. Confidential information: information which is not available to the general public under applicable laws, ordinances and regulations, and which is obtained by reason of the Council member's, commission member's or employee's position with the City. Conflict of interest : any situation in which a Council member, an appointee to a City board, commission or authority, or a City employee: a. Has a substantial interest in any transaction with the City; b. Has a relative with a substantial interest in any transaction with the City; c. Has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the City; d. Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a person with a substantial interest in any transaction with the City; ---PAGE BREAK--- 2-16 e. Is an officer of an organization that has taken an official position on any transaction with the City; f. Is on the board of directors of an organization that is substantially affected by a transaction with the City; g. Is affiliated with a law, accounting, planning or other professional firm that has substantial interest in any transaction with the City; or h. Is required to receive official notice of a quasi-judicial action from the City. Council member: an elected or appointed member of the City Council, including the Mayor. Disclose in writing: the terms disclose in writing , report or disclose require written disclosure on such forms as provided by the City Manager, copies of which shall be provided to the Council or applicable commission. Employee : any person holding a paid position of employment with the City, whether full time, part time, regular, temporary or by contract. Employment means any service, of whatever nature, performed by an employee for the person employing him or her for compensation, whether full-time, part-time, regular, temporary or by contract. Gift : any payment, entertainment, subscription, forbearance, service or any other thing of value, rendering or deposit of money, which is transferred to a donee directly or in trust for his or her benefit. Gift shall not include campaign contributions as permitted by law. Interest or financial interest : a pecuniary, property or commercial interest or any other interest, the primary significance of which is economic gain or the avoidance of economic loss. An interest exists with regard to real property which is owned, leased or used by an officer, commission member or employee if it is reasonably foreseeable that an action of the officer, commission member or employee will have a special economic effect on the value or use of the real property, distinguishable from its effect on the public. An officer, commission member or employee shall be deemed to have a pecuniary interest in a contract if the officer, commission member or employee or any member of the officer's, commission member's or employee's family is an employee, partner, officer, director or sales representative of the person with whom such contract is made. However, the term interest shall not include any matter involving the common public good or necessity. Nor shall the term include any matter in which a similar benefit is conferred to all persons or property similarly situated. Provided further, ownership individually or in a fiduciary capacity of any securities or of any beneficial interest in securities of a business entity shall not be deemed to create an interest in the business entity unless the aggregate amount of such securities, or interest in such securities, amounts to five percent or more of any class of the securities of the business entity then outstanding or constitutes controlling interest in the business entity. Members of the City Council: all members of the Council, including the Mayor. ---PAGE BREAK--- 2-17 Officer : the City Manager, the City Attorney, the water attorney, the municipal judge, the prosecuting attorney, the directors of the administrative departments of the City. Official act or action : any legislative, administrative or quasi-judicial act of the City Council, an officer, commission, authority, board or employee of the City. Person : any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association or other legal entity. Relative : any person related, to a public official or an employee by blood, marriage or adoption, through the second degree of consanguinity, including without limitation the following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters, brothers- and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews and nieces. A separation between spouses shall not be deemed to terminate relationships described above which exist only because of marriage. Substantial interest : a situation, including without limitation a financial stake in the outcome of a decision in which, considering all of the circumstances, would tend to influence the decision of a reasonable person faced with making the same decision. Transaction : a contract of any kind; any sale or lease of any interest in land, material, supplies or services; or any granting of a development right, any planning, zoning or land use or review process that may precede granting of a development right, license, permit or application. A transaction does not include any decision which is legislative in nature that affects the entire membership of a class or a significant segment of the community in the same manner as the affected official or employee. (Ord. 1898 2006; Ord. 2067 2010) Sec. 2-10-30. Restrictions. No City Council member, employee or appointee to a City board, commission or authority shall use his or her public office or position for financial gain. No City Council member, employee or appointee to a City board, commission or authority shall use or disclose confidential information obtained as a result of holding his or her public office or position to obtain financial gain, whether for personal gain; gain for his or her relative; gain of any property or entity in which the official or employee has a substantial interest; or gain for any person or for any entity with whom the official or employee is negotiating for or has any arrangement concerning prospective employment. No officer, commission member or employee shall participate in any discussion of, take any official action on or vote to render any final decision or determination on any matter in relation to which the officer, commission member or employee has a conflict of interest. No officer, commission member or employee shall perform an official act or vote on any matter that impacts his or her interest. ---PAGE BREAK--- 2-18 No City Council member or appointee to a City board, commission or authority or City employee or relative of such employee or official shall accept anything of value, including without limitation a gift, a favor or a promise of future employment if: The official or employee is in a position to take official action with regard to the donor; or The City has or is known to be likely to have a transactional, business or regulatory relationship with the donor. The following shall not be considered gifts for purposes of this Subsection, and it shall not be a violation of this Article for a person to accept the same: a. Campaign contributions to a candidate, candidate committee, political committee and/or issue committee if reported as required by law. b. An occasional nonpecuniary gift, insignificant in value which does not exceed fifty dollars ($50.00) in value. c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service. d. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which an officer, commission member or employee is scheduled to participate. e. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to an officer, commission member or employee which is not extraordinary when viewed in light of the position held by such officer, commission member or employee. f. Items of perishable or nonpermanent value, including but not limited to meals, lodging, travel expenses or tickets as provided below for recreational, educational or cultural events. g. Payment for speeches, debates or other public events, reported as honorariums. h. Payment of salary from employment, including other government employment, in addition to that earned from being an officer, commission member or employee. i. Items available for free to the general public at trade conventions or other public exhibitions, and items offered at a discount, generally, to officers, commission members and/or employees of governments. j. Reasonable expenses paid by other governments or governmentally related organizations for attendance at a convention, fact-finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate in a panel or represent the City. k. Items which are similarly available to all employees of the City or to the general public on the same terms and conditions. ---PAGE BREAK--- 2-19 1. A single unsolicited ticket given to a City Council member and valued at not in excess of one hundred fifty dollars ($150.00) to attend events open to the public on behalf of the City, such as awards dinners, nonprofit organization banquets and seminars, provided that: l. The ticket is offered only to the City Council member and has no resale value; and 2. The ticket is not offered by a commercial vendor who sells or wishes to sell services or products to the City. m. Participation of City employees hired for the purpose of promoting economic development of the City in economic development endeavors, including: l. Receipt of nonpecuniary gifts of insignificant value; 2. Reimbursement for actual and necessary expenditures for travel and subsistence for attendance at economic development functions; 3. Receipt of perishable or nonpermanent items, including but not limited to meals, lodging, travel expenses or tickets as provided below for recreational, educational or cultural events; and 4. Payment of salary, benefits and reasonable expenses from employment by the Brighton Economic Development Corporation. Provided, however, that such employees shall disclose in writing to the City Manager, not less frequently than all such gifts, payments, items, salary and benefits on forms provided by the City Manager. No officer, commission member or employee shall use any City property or employee services for personal gain or advantage except in the same manner and under the same circumstances as any other person who is not an officer, commission member or employee of the City. No City Council member or commission member shall take any official action on or vote on any question concerning the member's own conduct. (Ord. 1898 2006) Sec. 2-10-40. Conflict of interest disclosure; Council member or commission or authority member. No public official or public employee shall make or participate in the making of any official action in which he or she knows or should have known that he or she would have a conflict of interest. No public official or employee with a conflict of interest shall fail to give written notice of the interest described in Subsection above to the City Manager and Council, commission or authority of which the person is a member as soon as reasonably possible after the interest has arisen. However, no written notice is required if such person discloses the conflict of interest on the record of a public meeting of the City Council, commission or authority of which the person is a member. The interested City Council member, employee or appointee shall thereafter: Refrain from voting upon or otherwise acting in an official capacity in such transaction; ---PAGE BREAK--- 2-20 Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and Not discuss any matter related to such transaction with any other member of the City Council, commission, task force or similar body of which the person is a member. A member who knowingly has a conflict of interest may vote notwithstanding the requirements and restrictions of this Section if he or she complies with the disclosure procedures under this Section and his or her participation is necessary to obtain a quorum for the purpose of the City Council, commission or authority acting on a motion for adjournment, tabling the matter or continuing with other matters. (Ord. 1898 2006) Sec. 2-10-50. Conflict of interest disclosure; City employee. An employee who is aware of a conflict of interest or a possible conflict of interest in relation to a matter pending before the employee shall disclose in writing the conflict to the City Manager, who shall make a determination whether the employee has a conflict of interest and take any action that is in the best interest of the City. In all cases, the determination of the City Manager as to whether or not a conflict of interest exists is final and shall not be the subject of a grievance or appeal under the City's personnel policies. Any suspension, demotion or discharge action taken as a result of the determination may be appealed under and in accordance with the City's personnel policies. (Ord. 1898 2006) Sec. 2-10-60. Prior employment, outside employment and subsequent employment. All members of the City Council, officials and employees shall report existing or proposed outside employment or other outside business interests that may affect their responsibilities to the City in writing to the City Manager prior to being appointed or hired. All such people shall report any changes of employment or changes to outside business interests that may affect the person's responsibilities to the City within thirty (30) days after accepting the same. No former member of the City Council, official or employee shall seek or obtain employment concerning matters upon which he or she took official action during his or her service with the City for six months following termination of office or employment. This provision may be waived by the City Council. No former official shall engage in any action or litigation in which the City is involved on behalf of any other person or entity, if the action or litigation involves a matter upon which the person took official action during his or her service with the City for twelve (12) months following termination of service with the City. No member of the City Council shall seek or obtain employment with the City, the Brighton Urban Renewal Authority, the Brighton Housing Authority or the Brighton Economic Development Corporation, during his or her term of office on the City Council or for six months following termination of such term of office. This provision may be waived by a majority vote of the members of the City Council acting at a regular or special meeting of the City Council. (Ord. 1898 2006; Ord. 2067 2010) ---PAGE BREAK--- 2-21 Sec. 2-10-70. Appearances of impropriety discouraged. The provisions of this Section are intended to be guidelines to establish ethical goals and principles to help City Council members, employees and appointees to a City commission or authority to determine if their actions may cause an appearance of impropriety that will undermine the public's trust in local government. A City Council member, employee or appointee to a City commission or authority who determines that his or her actions may cause an appearance of impropriety should consider, but is not required to disclose and recuse as prescribed by Subsection 2-10-40(b) of this Article if the person has an interest in any transaction with the City that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the City Council member, employee or appointee to a City commission or authority. (Ord. 1898 2006) Sec. 2-10-80. Prohibition of certain contracts. The City Council declares that the best interests of the City are served by prohibiting the making of certain contracts. Accordingly, in addition to any other applicable requirements in this Article, the requirements of Subsection below shall apply to the making of contracts by the City. The City shall not knowingly make any contract, including purchases and sales, in which a City council member, public official, officer or a relative thereof shall be interested, directly or indirectly. (Ord. 1898 2006; Ord. 2034 2009) Sec. 2-10-90. Quasi-judicial matters. No Council member, officer or commission member shall receive, nor shall any employee or member of the public provide to any officer or commission member, any substantive ex parte oral or written information, except for legal advice from the City Attorney, regarding a matter which is pending before the City Council, commission or authority on which the member sits, and which is the subject of a quasi-judicial hearing before the Council or commission or similar body outside of the quasi-judicial hearing process. The term quasi-judicial hearing process includes but is not limited to preparations necessary for such hearing, such as written staff reports, scheduling, agendas, proposed resolutions and ordinances, posting or publishing notice and legal advice. The City Attorney shall provide affected officers, commission or authority members and employees advice on what constitutes a quasi-judicial decision. In the event a City Council member, officer or commission or authority member shall inadvertently or unintentionally receive any substantive ex parte oral or written information outside of the quasi-judicial hearing process, as prohibited in this Section, the City Council member, officer or commission or authority member shall fully and completely disclose such substantive oral or written information received at the start of the quasi-judicial public hearing process. (Ord. 1898 2006) Sec. 2-10-100. Sanctions and remedies for violation. If a transaction, including but not limited to a contract or sale, is consummated contrary to the provisions of this Article, the City Council may void the transaction. ---PAGE BREAK--- 2-22 The City Council may remove any officers appointed by it and any member of a City commission, task force or similar body that it finds has willfully violated any provision of this Article. The prosecuting attorney for the Municipal Court, or special counsel authorized to act on behalf of the City, may prosecute any violation of this Article in Municipal Court in the same manner that other municipal offenses are prosecuted. (Ord. 1898 2006) Sec. 2-10-110. Enforcement. No person shall violate the provisions and requirements of this Article. The provisions and requirements of this Article shall be enforced as follows: The City Prosecutor shall have the primary responsibility for administration and enforcement of the provisions of this Article, including the issuance of a summons and complaint in the Municipal Court. The City Prosecutor shall request City Council to appoint a qualified disinterested attorney to serve as special prosecutor, should the same be necessary. The attorney appointed pursuant to this Paragraph shall serve as special prosecutor for purposes of taking such actions concerning the complaint as are consistent with this Article, the Colorado Municipal Court Rules of Procedure and the special prosecutor's ethical responsibilities. All cases brought to enforce this Article shall be brought in the Municipal Court of the City. The City prosecutor or special prosecutor shall cause a summons to be issued requiring the subject's appearance for arraignment in the Municipal Court. All such cases shall be governed by the Colorado Rules of Municipal Court Procedure. No action may be taken on any complaint that is filed later than twelve (12) months after discovery of the facts supporting an allegation that a violation of this Article occurred. (Ord. 1898 2006) Sec. 2-10-120. Violations; penalty. Any member of the City Council, commission or authority member, officer or employee who is convicted of a violation of any provision of this Article shall be subject to the penalties and penalty provisions applicable hereto and set forth in Article 1-24 of this Code and the state statutes. The penalties provided herein shall not preclude the application of any other penalty or remedy, whether criminal or civil, including injunctive or equitable relief, as provided for by law. (Ord. 1898 2006) ---PAGE BREAK--- 2-23 ARTICLE 2-12 City Manager Sec. 2-12-10. Powers and duties. The City Manager shall be the chief administrative officer of the City and shall have all the responsibilities and duties as well as the authority required to administer the City in accordance with law and the requirements of the City Council, and pursuant thereto, he or she shall have the following functions, powers and duties: To be responsible for the efficient administration of all administrative departments of the City; To be responsible for the enforcement of the ordinances, official directives, other laws of the City and those general laws of the state applicable to the City; To administer the personnel program of the City for all officers and employees in the administrative organization of the City, including the power and authority to hire, suspend, transfer and discharge City employees and officers in accordance with the personnel program of the City; To cause a proposed budget to be prepared annually and submitted to the City Council, and to be responsible for the administration of the budget after its adoption, all in accordance with law; To prepare and submit to the City Council complete reports on finances and administrative activities of the City and upon request of the City Council, make written or verbal reports at any time concerning the affairs of the City under his or her supervision; To keep the City Council advised of the financial condition and future needs of the City and make such recommendations to the City Council for adoption as may be necessary or expedient; To exercise supervision and control over the various City departments in the administrative organization of the City and recommend to the City Council any proposal he or she thinks advisable to establish, consolidate or abolish departments; To be responsible for the enforcement of all terms and conditions imposed in favor of the City in any contract or franchise, and upon knowledge of any violation thereof, report the same to the City Council for such action and proceedings as may be necessary to enforce the same; To attend City Council meetings and have the privilege to participate in discussions with the City Council in an advisory capacity without right to vote; (10) To inform the public concerning plans and activities of the City Council and of the City administration; (11) To be responsible for a system of accounting and auditing for the City which shall reflect, in accordance with generally accepted municipal accounting principles, the financial condition and financial operation of the City; ---PAGE BREAK--- 2-24 (12) To be responsible for engineering, architectural, maintenance and construction services as may be required by the City within the limitations of the City budget; (13) To be responsible for contracting and purchasing, within the limitations of the budget, all supplies, materials, equipment and services required by any department, office or agency of the City; (14) To exercise and perform all administrative functions of the City that are not specifically imposed by City ordinances or state statutes; (15) To administer compensation and benefits for City employees, within the limitations of a compensation and benefits plan that shall be established annually by the City Council; and (16) To perform other duties as may be prescribed by the City Charter and City ordinances or required of him or her by the City Council. (Prior code §1-206; Ord. 828 §1(part), 1975; Ord. 1589, 1999; Ord. 1710 2001; Ord. 2123 2011) ARTICLE 2-16 Municipal Court Sec. 2-16-10. Created. A Municipal Court of record for the City shall be and is created and established. The Municipal Court is vested with jurisdiction over matters arising under the Charter, ordinances, policies, rules and regulations of the City. The Municipal Court has original jurisdiction of all criminal or quasi-criminal cases arising under the Charter, this Code, ordinances, rules and regulations of the City, with power to assess and collect penalties, charges, fees and costs as provided in Article 1-24 of this Code or elsewhere in the Charter, this Code or rules and regulations of the City; and enter and enforce orders of the Court by contempt. The Municipal Court has original jurisdiction of all civil cases arising under and so authorized by the Charter, this Code, ordinances, rules and regulations of the City, with power to assess and collect civil penalties, order and enforce orders by contempt, order and enforce abatement of nuisances and perform other responsibilities prescribed by the Charter, this Code, ordinances, policies, rules and regulations of the City. The Municipal Court has the jurisdiction and powers of an administrative hearing officer, when so provided by this Code, ordinance, resolution, policy, rule or regulation of the City. (Prior code §1-601(l); Ord. 830 §1(part), 1975: Ord. 1336 1989; Ord. 1710 2001; Ord. 1895 2006) Sec. 2-16-15. Municipal Court record. The Municipal Court shall keep a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means. (Ord. 1336 1989) ---PAGE BREAK--- 2-25 Sec. 2-16-20. Appointment of Municipal Judge. The Municipal Court shall be presided over by a Municipal Judge. The Council shall appoint, by affirmative vote of two-thirds of the members in office at the time, a presiding Municipal Judge and such Deputy Municipal Judges as the Council deems necessary. (Prior code §1-601(2); Ord. 830 §1(part), 1975; Ord. 1589, 1999; Ord. 1710 2001) Sec. 2-16-30. Removal of Municipal Judge. The removal of any M unicipal Judge during a term of office shall require a majority vote of all members of the Council. Any such removal shall be only for cause as specified in the state statutes applicable to the removal of municipal judges or for any other conduct which would constitute a violation of the Colorado Code of Judicial Conduct, as from time to time amended, if committed by a judge subject to such code. (Prior code §1-601(3); Ord. 830 §1(part), 1975; Ord. 1710 2001) Sec. 2-16-40. Qualifications of Municipal Judge. Each Municipal Judge shall be an attorney at law admitted to practice in the State and have at least five years' experience in the active practice of law at the time of appointment. Each Municipal Judge shall be appointed for a two-year term. (Prior code §l-601(4); Ord. 830 §1(part), 1975; Ord. 1589, 1999; Ord. 1710 2001) Sec. 2-16-50. Oath of Municipal Judge. Before entering upon the duties of office of Municipal Judge or Deputy Judge, the Municipal Judge and Deputy Judges shall take and subscribe, before a person authorized to administer oaths in the State, an oath or affirmation that he or she will support the Constitutions of the United States and of the State and the ordinances of the City, and will faithfully perform the duties of his or her office. (Prior code 602(l); Ord. 830 §l(part), 1975; Ord. 1710 2001) Sec. 2-16-60. Court costs. The Municipal Judge shall assess court costs in the amounts specified in the applicable section of the City of Brighton's Annual Fee Resolution entitled Municipal Court Fees , in addition to any fine imposed against a defendant who enters a plea of guilty or a plea of nolo contendere, or is found guilty of a violation of the Charter, the Municipal Code or any ordinance of the City, or a defendant who enters into a plea arrangement approved by the Court which requires probation, community service, supervision, drug or alcohol testing or other continued administrative costs for the Court. In any prosecution for a violation of the Charter, this Code or any ordinance of the City based upon the complaint of any person other than a police officer or other employee of the City, if the complaining witness who signed a complaint fails or refuses to testify at the time of trial or if it appears to the Municipal Judge that there was no reasonable ground for such complaint or that it was maliciously or imprudently entered, the Judge in the Judge's discretion may assess costs and penalties against such complaining witness in an amount not exceeding the amount specified in the City of Brighton's Annual Fee Resolution entitled Municipal Court Fees. ---PAGE BREAK--- 2-26 The Municipal Judge shall assess against a convicted defendant witness fees for all witnesses subpoenaed and appearing at the trial in such amounts as prescribed in the City of Brighton's Annual Fee Resolution entitled Municipal Court Fees. The Municipal Judge may assess against such defendants as stated in Subsection above any other costs similar to those authorized by state law for proceedings in state courts, including, without limitation, jury fees and discovery costs. The Municipal Judge may suspend in whole or in part court costs, fees and witness fees in the interests of justice. Payments made by a defendant to the Municipal Court for imposed court costs, fees and fines shall be credited to the defendant's obligation in the following order: restitution, witness fees, probation fees, other assessed fees and costs and thereafter to the fines. Provided however, unpaid fees and costs may be collected only in the manner of any other civil judgment. The Municipal Court may order that any probation fees and/or costs for drug or alcohol testing shall be made directly to the provider of such services. (Ord. 1297 1988; Ord. 1416 1992; Ord. 1830 2004) Sec. 2-16-70. Probation. In sentencing or fining a violator of this Code or any ordinance of the City, the Municipal Judge shall not exceed the sentence or fine limitations established by the City. However, except where otherwise provided in this Code or any ordinance of the City for a specific violation thereof, the Municipal Judge may suspend the sentence or fine of any violator of this Code or any ordinance of the City and place him or her on probation for a period not to exceed one year. (Ord. 1298 1988) Sec. 2-16-80. Failure of parent to obey court orders. When a summons and complaint for a violation of this Code or the traffic code is filed against a person under the age of eighteen (18) years of age, the Municipal Court may send the juvenile's parent, guardian or legal custodian, by regular first class mail, a notice of the violation and an order that the parent, guardian or legal custodian appear with the juvenile at that court appearance and each court appearance scheduled thereafter. It shall be unlawful for a parent, guardian or legal custodian to fail to appear at that court appearance, with the person under eighteen (18) years of age, and at any further court appearance scheduled on that case. Violation of this Section may be punished as contempt of court for failure to obey a court order, or charged by summons and complaint. Whenever a person appears with his or her child or ward, and a plea or finding of guilty or contempt is entered, the Court may order the person and/or the child to: Cooperate in a pre-sentence investigation as structured by the Court; Attend rehabilitation classes or counseling, such as parenting skills classes and anger management counseling; Perform useful public service to contribute to the rehabilitation of the child; ---PAGE BREAK--- 2-27 Make restitution to the victim of the violation; or Pay any fines and court costs imposed. Violation of this Section may be punished as contempt of court or failure to obey a court order. As punishment for a violation of these Subsections, the Court may impose a fine on the juvenile and/or parent, guardian or legal custodian of up to one thousand dollars ($1,000.00) and/or incarceration up to one year on the parent, guardian or legal custodian. (Ord. 1537, 1998) Sec. 2-16-90. Compliance with process. It shall be unlawful for any person willfully to fail to appear in response to any summons or subpoena of the Municipal Court or an administrative subpoena issued pursuant to Article 1-26 of this Code after having been duly served such summons or subpoena. For purposes of prosecution under this Section, proof that the summons or subpoena was duly served, that the person was not excused from appearance by the Municipal Court or the issuing official and that the person failed to appear at the time scheduled shall raise a rebuttable presumption that the failure to appear was willful. (Ord. 1895 2006) Sec. 2-16-100. Contempt of court; penalty. It is unlawful for any person to be in contempt of the Municipal Court or to fail to obey a lawful notice to appear before the Municipal Court, and any person found by the Municipal Court to be in violation of this Section shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. (Ord. 987 §1(part), 1978; Ord. 1589, 1999; Ord. 1895 2006) Sec. 2-16-110. Contempt of court defined. Any person guilty of misconduct committed in the presence of the Court, guilty of acts constituting a willful and wanton disrespect for the Court or guilty of violating a lawful order of the Court, including a failure to pay a fine imposed by the Court, shall be deemed guilty of contempt of Court and may be brought before the Court by arrest or otherwise and punished as provided in Section 2-16-100 above. (Ord. 987 §1(part), 1978; Ord. 1589, 1999; Ord. 1895 2006) Sec. 2-16-120. Protection orders. The Municipal Judge has the authority to issue a protection order against any person charged with or convicted of a municipal offense as a condition of arraignment or as part of the person’s sentence. The Court is authorized to order any appropriate restraint on the conduct of the restrained person or to continue, dismiss or modify any existing protection order. The Court shall electronically transfer into the Central Registry of Protection Orders established pursuant to Section 18-6-803.7, C.R.S., or the National Crime Information Center created pursuant to 28 U.S.C. § 534, a copy of any protection order issued pursuant to this Section and shall deliver a copy of such order to the protected person. A law enforcement officer shall enforce a valid protection order whether or not there is a record of the protection order in the registry. ---PAGE BREAK--- 2-28 The protection order issued by the Municipal Judge shall remain in effect: from the time that the person is advised thereof at his or her arraignment; or (ii) at the person's first appearance before the Court; or (iii) upon being informed thereof by a law enforcement officer; or (iv) has otherwise acquired from the Court or law enforcement personnel actual knowledge of the contents of a protection order; and the same shall be effective until final disposition of the action, for such time as determined by the Court and specified in the protection order, or further orders of the Court. Upon advisement of the protection order at the arraignment or the person's first appearance before the Court, the Court shall inform the defendant that a violation of such order shall constitute a criminal offense and/or contempt of the Court subject to such punishment as may be provided by law. Definitions. Protected person means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued. Protection order as authorized in this Section means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening or touching any protected person, retaliating against or tampering with directly or indirectly any alleged victim, witness or protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision of the protection order. For the purposes of this Section, protection order includes any order that amends, modifies, supplements or supersedes the initial protection order. Registry means the computerized information system created in Section 18-6-803.7, C.R.S., or the National Crime Information Center created pursuant to 28 U.S.C. § 534. Restrained person means the person identified in the protection order as the person prohibited from doing the specified act or acts. The parents or guardian of any restrained person under the age of eighteen (18) years shall be deemed restrained persons under this Section. Until final disposition of the action means until the case is dismissed, until the defendant is acquitted or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be. Violations; penalties. It shall be unlawful for any person to violate a protection order. Violation of a protection order is a criminal offense, punishable by a fine or imprisonment, or both, as provided in Article 1-24, General Penalties, of this Code. A person commits the crime of violation of a protection order if: after the person has been advised thereof at his or her arraignment; or (ii) at the person's first appearance before the Court; or (iii) upon being informed thereof by a law enforcement officer; or (iv) has otherwise acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person; the restrained person engaged in conduct which is prohibited by the protection order, including but not limited to contacting, harassing, injuring, ---PAGE BREAK--- 2-29 intimidating, molesting, threatening or touching the protected person or protected property identified in the protection order or enters or remains on premises or comes within a specified distance of the protected person, protected property or premises or violates any other provision of the protection order. Any sentence imposed for a violation of this Section shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the protection order. Nothing in this Section shall be construed to alter or diminish the inherent authority of the Court to enforce its orders through civil or criminal contempt proceedings. No person charged with violation of a protection order issued pursuant to this Section shall be permitted, in the criminal action resulting from such charge, to collaterally attack the validity of the order which such person is accused of violating. (Ord. 2063 2010) ARTICLE 2-20 Abandoned or Unclaimed Personal Property Sec. 2-20-10. Chief of Police as custodian. The Chief of Police shall act as custodian of all lost, stolen, abandoned and confiscated property coming into possession of the police of the City. Nothing in this Article shall be held to require the Chief of Police to take possession of or make a disposition of any lost or stolen property, the disposition or possession of which is otherwise provided for in this Code or other ordinances of the City. (Ord. 1012 §1(part), 1979) Sec. 2-20-20. Recordkeeping duty of Chief of Police. It shall be the duty of the Chief of Police to keep a record of all property which may be seized or otherwise taken possession of by the Police Department. (Ord. 1012 §1(part), 1979) Sec. 2-20-30. Property held as evidence. The Chief of Police or a designee thereof shall keep in his or her custody all articles of personal property seized or held as evidence for use in any pending or prospective criminal prosecution, unless otherwise ordered by a court having jurisdiction or otherwise authorized by the prosecuting attorney of the subject court proceeding, until final disposition of any pending charges, including appeals or the lapse of time for filing an appeal. Thereafter, unless ordered to the contrary by the court having jurisdiction, the custodian or a designee thereof shall dispose of such property in accordance with the provisions of this Article hereinafter set forth. (Ord. 1012 §1(part), 1979; Ord. 1413, 1992) Sec. 2-20-40. City Manager custodian of other property. The City Manager shall act as custodian of all other lost, abandoned, unclaimed or confiscated property, whether tangible or intangible, now or hereafter in the possession or control of the City, ---PAGE BREAK--- 2-30 including utility deposits, overpayments to the City, permit deposits, developer cost recovery agreements, monies unclaimed by beneficiaries in a pension fund, uncashed City checks, forfeiture of bonds, personal property and currency. The City Manager shall provide a suitable place for the safekeeping of abandoned/unclaimed tangible property and shall keep a record of abandoned/unclaimed intangible property. The disposition of intangible u n claimed property shall generally be the same as tangible property, as hereafter provided. (Ord. 1012 §1(part), 1979; Ord. 1413, 1992) Sec. 2-20-50. Disposition generally. All lost, stolen, confiscated or abandoned property that has been delivered to the custodian or one of his or her subordinates for care, custody and control, not being held pending disposition of charges pursuant to Section 2-20-30 of this Article, shall be subject to disposition according to the provisions of this Article, unless otherwise ordered by any court of competent jurisdiction. (Ord. 1012 §1(part), 1979) Sec. 2-20-60. 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 or her, or otherwise known to him or her, the custodian shall notify the apparent owner by letter 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 ot h erwise disposed of unless claimed within thirty (30) days of mailing of such notice. (Ord. 1012 §1(part), 1979; Ord. 1589, 1999) Sec. 2-20-70. Disposal of unclaimed property. If any such property remains unclaimed sixty (60) days after the same is no longer required to be held as evidence pursuant to Section 2-20-30 of this Article, or sixty (60) days after property not governed by Section 2-20-90 has come into possession of the custodian or sixty (60) days after the mailing of any letter of notice provided for in Section 2-20-60, such property shall be delivered to the City Manager for disposal pursuant to the provisions of this Article. (Ord. 1012 §1(part), 1979; Ord. 1589, 1999) Sec. 2-20-80. Failure to claim property. Failure to make claim of ownership within the time limits prescribed in this Article, and before sale or donation of any article, shall forever bar the owner or any person claiming ow n ership by, through or under the owner from making any subsequent claim of ownership. (Ord. 1012 §1(part), 1979) Sec. 2-20-90. Exceptions generally. Notwithstanding the foregoing provisions of this Article, objects and articles of property d e scribed in Sections 2-20-100 and 2-20-110 of this Article may be kept, held or disposed of as provided in this Article. (Ord. 1012 §1(part), 1979) Sec. 2-20-100. Firearms. Unless ordered to the contrary by a court of competent jurisdiction, or otherwise required by law, firearms and other weapons which may not lawfully be kept, possessed or retained by the owner or person ---PAGE BREAK--- 2-31 otherwise entitled to posse s sion thereof, or which may not otherwise lawfu l ly be returned to the owner thereof, or which are unclaimed after notice to the owner pursuant to Section 2-20-60 or the owner of which is not known, may be kept and retained by the Police Department for use in its training programs or otherwise disposed of pursuant to the provisions of Section 2-20-110 of this Article. Whenever such firearms or weapons are retained by the Police Department for use in its training programs or otherwise, such items shall be accounted for on the property records of the Police Department. (Ord. 1012 §1(part), 1979) Sec. 2-20-110. Destruction of certain property. The City Manager may destroy each and ev e ry article of the following described property: burglary tools; firearms; cartridges; explosives; armor or bulletproof clothing; dangerous wea p ons; gambling apparatus; articles or medicines for the purpose of inducing abortion or preven t ing conception; beer, wine, spirituous liquors or fermented malt beverages; soiled, bloody or u n sanitary clothing; solids or liquids of unknown or uncertain composition; drugs or hallucinoge n ic substances, hypodermic syringes and needles; obscene pictures, prints, effigies or statues; any poisonous or noxious solids or liquids; or any other property which reasonably might result in injury to the health or safety of the public or be the subject of unlawful use. (Ord. 1012 §l(part), 1979; Ord. 1589, 1999) Sec. 2-20-120. Specific exceptions. Motor vehicles, lost or stray animals and ot h er property that is required to be disposed of otherwise than as provided in this Article, by the terms of any law or ordinance, shall not be disposed of according to the terms of this Article. (Ord. 1012 §1(part), 1979) Sec. 2-20-130. Contents of quarterly report. It shall be the duty of the Chief of Police to mate a report to the City Manager on or before the last day of each quarter of each year, which report shall show all of the abandoned, stolen, lost and confiscated property which has come into his or her hands since the last report, and also all of such property which has been turned over to any person claiming the same, as owner, and to whom the same was delivered, and the date when the same was so turned over. The report shall also show the date when each and every article of property was received by the Chief of Police and shall also show whether or not any person has made claim to any of the property which has been turned over to him or her, and by whom such claim is made, and what article or articles he or she claims and when the claim was made. The report shall also show any property retained by the Police Department pursuant to Section 2-20-100 of this Article. (Ord. 1012 §1(part), 1979) Sec. 2-20-140. Sale of unclaimed property; notice required. As soon as may be practical after the report referred to in Section 2-20-130 above is received by the City Manager from the Chief of Police, the City Clerk shall prepare a notice for sale of unclaimed property as defined in Section 2-20-70 of this Article, unless otherwise excepted in Section 2-20-90, which notice shall be published in a newspaper or on a publicly accessible web page on two different occasions a week apart and shall be directed to the public. Such notice shall list all such unclaimed property to be sold and which is then in the hands of the Chief of Police, and shall notify all persons who may have any claim of ownership or title to any of the property mentioned in the notice of their right to ---PAGE BREAK--- 2-32 claim such property prior to the time fixed for the sale. The notice shall state a time and place where all such unclaimed property shall be sold by the City Manager. The time fixed in the notice for such sale shall not exceed fifteen (15) days nor be less than five days from the last publication of the notice. (Ord. 1012 §1(part), 1979; Ord. 2123 2011) Sec. 2-20-150. Sale of unclaimed property; City Manager authority. At the time and place mentioned in the n o tice, it shall be the duty of the City Manager to sell all such unclaimed property for the highest and best price the same will bring in cash, to receive from the purchaser of each and every article the amount paid by such purchaser for the same, and to deliver the article, together with a bill of sale for the same, to the purchaser. (Ord. 1012 §1(part), 1979) Sec. 2-20-160. Exceptions; right of finder. Notwithstanding any other provision of this Article, whenever any item of lost or abandoned property has been found and delivered to the custodian or one of his or her subordinates for care, custody and control, such items shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met: The claimant is a person who originally found the lost or abandoned property; The claimant, after surrendering the property to the custodian, has served written notice of his or her intention to make a claim on that item within sixty (60) days of surrender of the item; Lost or abandoned property has r e mained unclaimed by the owner or person having a right to the property for sixty (60) days after surrender of the same to the custodian; The lost or abandoned property is not stolen or confiscated property, property held under the provisions of Sections 2-20-90 through 2-20-120 or property held as ev i dence pursuant to Section 2-20 -30. (Ord. 1012 §1(part), 1979; Ord. 1589, 1999) Sec. 2-20-170. Sale of perishable and certain other property. Notwithstanding any other provision of this Article, if any property seized or taken possession of by the Police Department is of a perishable nature or so bulky or of such nature as to make it dangerous or inadvisable to retain po s session thereof for the length of time specified in this Article, the Chief of Police, upon certifying such fact to the City Manager, setting forth his or her reasons why such property should not be retained for the period fixed before selling the same, may, with the approval of the City Ma n ager, cause such property to be forthwith adve r tised in the official newspaper, and sell such property at public sale at any time after three days shall have elapsed from the seizure or ta k ing possession thereof. (Ord. 1012 §1(part), 1979) Sec. 2-20-180. Report of sales and disposition of proceeds. The City Manager shall from time to time make reports to the City Council of sales provided for in this Article. Such reports shall give a description of articles sold and the amount of money received for articles, which money shall be placed in the general fund. (Ord. 1012 §1(part), 1979) ---PAGE BREAK--- 2-33 Sec. 2-20-190. Disposition of unsold property. The City Manager is authorized to dispose of any and all property not sold at a public sale conducted as provided in this Article, at any time thereafter, at his or her discretion in the best interests of the City. (Ord. 1012 §1(part), 1979) ARTICLE 2-24 Reserve Police Officers Unit Sec. 2-24-10. Creation and membership. There is created a reserve officers unit. The members of such reserve officers unit shall be citizens of the State, and be of good moral character. The unit shall consist of not more than the number of persons from the City from time to time designated by the City Manager. The members of such unit shall be appointed by the City Manager or upon the recommendation of the Chief of Police. Each appointment shall be conditional on the appointee completing the training required by the City, regularly participating in the training program as determined by the City, and obeying all lawful orders. Each reserve officer shall be provided with appropriate identification as determined by the City Manager. It is unlawful for any reserve officer to wear or display any such identification as a reserve officer when he or she is not actively performing the duties for which he or she was appointed. (Ord. 590 §1(part), 1968; Ord. 1589, 1999) Sec. 2-24-20. Administrative command. The administrative command of the reserve officers unit shall be as follows: The reserve officers shall be under the direction of a reserve captain, a reserve lieutenant and a reserve sergeant. These officers, in turn, shall be directly responsible to the Chief of Police, the City Ma n ager and, in case of disaster, the Mayor. (Ord. 590 §1(part), 1968) Sec. 2-24-30. Compensation. Each member of the reserve officers unit shall be designated a reserve officer and shall serve without pay. Reserve officers shall not be eligible to participate in the policemen's pension fund. Each officer, at the City's expense, shall be covered by workmen's compensation and by false-arrest insurance insuring both the City and the officer. (Ord. 590 1968) Sec. 2-24-40. Call to duty and direction; rules and regulations. In special cases of emergency, the Mayor, City Manager or Chief of Police is authorized to call into duty any or all of the reserve officers unit. When called into duty, such officers shall be under the direction of the Mayor, City Ma n ager and other officers of the Police Department, as provided in the case of members of the Police Department, and shall be subject to all rules and regulations concerning such unit. (Ord. 590 1968) ---PAGE BREAK--- 2-34 Sec. 2-24-50. Oath. Before becoming a member of the reserve o f ficers unit, each officer shall take an oath to support the Constitution of the United States and the Constitution of the State and to faithfully perform his or her duties as such reserve officer. (Ord. 590 1968) Sec. 2-24-60. Resignation and removal. Any reserve officer may resign upon giving the City Manager forty-eight (48) hours' notice, in writing, of his or her intention to do so. The City Manager may remove any such officer at any time with or without cause. (Ord. 590 1968) Sec. 2-24-70. Powers and duties. The duties of the reserve officers unit shall be, when called into duty as provided by Section 2-24-40 of this Article, to suppress all riots, di s turbances and breaches of the peace; to pursue and arrest any person fleeing from justice; to apprehend any and all persons in the act of committing any offense against the laws of the State or ordinances of the City; to forthwith bring such persons before the Municipal Court or other competent authority for examination; and to diligently and faithfully enforce all such laws, ordinances and regulations for the preservation of good order and public welfare as the City Council may order. For such purposes, they shall have all the powers of constables and members of the Police Department. They may, upon view, arrest any person who may be guilty of a breach of the ordinances of the City or of any crimes against the laws of the State or of the United States, and may, upon reasonable information, procure process for the arrest of any person who may be charged with a breach of any of the provisions or ordinances of the City or the laws of the State or the United States. (Ord. 590 1968; Ord. 1589, 1999) Sec. 2-24-80. Disobedience to rules or orders deemed misdemeanor. Any reserve officer who, while on duty, willfully disobeys any rule or regulation concerning such unit, or any proper order of the Mayor, City Manager or other person in authority over him or her, or any provision of this ordinance, shall be guilty of a misdemeanor. (Ord. 590 1968) ARTICLE 2-25 Brighton Youth Commission Sec. 2-25-10. Establishment. There is hereby established the City of Brighton Youth Commission. This Article is adopted for the purpose of codifying the organization of the Brighton Youth Commission. (Ord. 1837 2005) Sec. 2-25-20. Purpose. The City of Brighton Youth Commission e s tablished under this Article shall study, investigate, plan, implement and advise the City Council on matters related to youth. In particular, the Commission is charged with developing and promulgating policies, programs and se r vices that empower, support and ---PAGE BREAK--- 2-35 inform youth; that create a family-friendly community; and that enable and encourage youth to be produ c tive members of the community. The Commi s sion shall serve as an advisory body to the City Council on all matters dealing with youth. (Ord. 1837 2005) Sec. 2-25-30. Powers and duties. The City of Brighton Youth Commission shall have all the powers granted herein and shall perform all the duties as provided herein. The Commission shall adopt rules and regulations for the conduct of its meetings and for defining the duties of its members, officers and committees. The Commission shall work with the Mayor and City Council to develop and implement City policies that focus on youth. The Commission shall advise the Mayor and City Council on important issues that relate to youth. The Commission shall facilitate the planning and organization of youth summits and regular neighborhood meetings throughout the City. The Commission shall build partnerships with individuals, groups and organizations that impact both youth and families. The Commission shall partner with individuals, groups and organizations in the pla n ning and implementation of services, supports and opportunities for the City's youth and families. The Commission shall carry out and i m plement other directives from the City Council. (Ord. 1837 2005; Ord. 1881 2006) Sec. 2-25-40. Membership. The Brighton Youth Commission shall consist of twenty-six (26) voting members, one ex officio nonvoting City staff representative and two alternates, consisting of the following: Twenty (20) Commission members between the ages of thirteen (13) and nineteen (19): a. Persons between the ages of thirteen (13) and nineteen (19) who reside in the City who attend secondary schools, whether located in or outside the City, are homeschooled, have finished their secondary education or are no longer atten d ing school may apply for and be appoin t ed to the Brighton Youth Commission. b. Two of the twenty (20) Commission members between the ages of thirteen (13) and nineteen (19) may be nonresidents of the City but shall attend secondary schools located within the City. c. The youth members of the Commission shall be appointed by the Mayor with the approval of the City Council. ---PAGE BREAK--- 2-36 One City Council member appointed by the Mayor with the approval of the City Council. One Brighton School District 27J School Board member or employee who r e sides within the School District boundaries, appointed by the School Board. Four at-large citizen representatives, two between the ages of nineteen (19) and thirty (30), and two older than nineteen (19) years of age, appointed by the Mayor with the approval of the City Council. One nonvoting ex officio City staff member appointed by the City Manager. Two alternate members appointed by the Mayor with the approval of the City Council. Unless designated by the Chair to be seated for an absent or excused member, an alternate member may attend meetings of the Commission and participate in discussions, but shall not vote. No applicant, appointee or member of the Com-mission who has been convicted of a crime against a minor child shall be qualified to be appointed or continue to serve on the Commission. By submitting an application for a p pointment or accepting appointment to the Commission, an applicant consents to a background check for such purposes, to the extent provided by law. (Ord. 1837 2005; Ord. 1881 2006; Ord. 2070 2010; Ord. 2099 2011) Sec. 2-25-50. Terms of office. The members of the Brighton Youth Commission shall serve in such capacity without compensation. All terms of office shall begin on June 1 and expire on May 31. The terms of office of the Commission members shall be as follows: The terms for all youth and at-large Commissioners shall be two years. Commissioners may be recommended for one additional reappointment. To ensure that Commission terms are staggered, the initial year's appointments will be made as follows: a. One-half of the youth appointments will be one-year appointments and one-half will be two-year appointments. b. One-half of the adult at-large appointments will be one-year appointments and one-half will be two-year appointments. c. The City Council member appointment will coincide with his or her respective tenure in office. d. The District 27-J School Board representative will coincide with his or her respective tenure of office. (Ord. 1837 2005; Ord. 1881 2006) ---PAGE BREAK--- 2-37 Sec. 2-25-60. Appointment of Brighton Youth Commission. The Mayor and City Council are directed to cause the members of the Brighton Youth Commission, upon its organization and adoption of rules, to proceed to function. The City Manager shall appoint a City staff member to provide for the efficient performance of the functions of the Commission, without a vote. (Ord. 1837 2005) Sec. 2-25-70. Organization and rules. At the first meeting in May, the Brighton Youth Commission shall elect officers who shall serve a one-year term. All may be eligible for reelection for up to one additional year term. The Commission shall adopt such rules and regulations governing its procedures as it deems necessary or advisable, and shall keep a record of its proceedings, which record shall be a public record. The Commission shall meet at least on a date and at a time set forth in its rules and regulations. All meetings shall be conducted consistent with said rules and regulations, the City Charter and this Code. A quorum shall consist of thirteen (13) voting members. (Ord. 1837 2005; Ord. 1881 2006) Sec. 2-25-80. Absences. Any member of the Brighton Youth Commission who is unable to attend a meeting shall notify the chair or staff representative in advance of the meeting, stating the reason for his or her absence. Two unexcused absences shall constitute the resignation of the member. (Ord. 1837 2005; Ord. 1881 2006) Sec. 2-25-90. Removal. Members of the Commission, other than those representing the City Council and School Boards, may be removed by the Mayor for inefficiency, neglect of duty or malfeasance while in office, and the applicable governing body may remove the member representing it for the same reasons. The Mayor or governing body, as the case may be, shall file a written statement of the reasons for such removal. (Ord. 1837 2005) Sec. 2-25-100. Compensation and reimbursement of expenditures. Members of the Commission shall serve without compensation; provided, however, that each member may be reimbursed for an actual authorized expenditure reasonably incurred by him or her in connection with his or her duties as a member of the Commission. (Ord. 1837 2005) Sec. 2-25-110. Vacancies. Vacancies occurring on the Brighton Youth Commission other than through the expiration of a term shall be filled at the beginning of a new Commission year for the remainder of the unexpired term of office as set forth in Section 2-25-40 above. (Ord. 1837 2005; Ord. 1881 2006) ---PAGE BREAK--- 2-38 ARTICLE 2-28 Health Department and Health Officer Sec. 2-28-10. Appointment of Health Officer. The City Manager shall appoint a physician authorized to practice medicine in the State as the Health Officer for the City, who shall hold office at the pleasure of the City Manager. (Prior code §6-101; Ord. 846 §1(part), 1975) Sec. 2-28-20. Powers and privileges of Health Officer. The Health Officer shall possess all powers, privileges and immunities provided by law. (Prior code §6-104; Ord. 846 §1(part), 1975 Sec. 2-28-30. Coordination with Tri-County Health Department; enforcement. The Tri-County Health Department shall have full power and authority to enforce the health regulations of the State, County and City within the City. The Health Officer shall coordinate his or her functions as Health Officer with the Tri-County Health Department. (Prior code §6-102; Ord. 846 §1(part), 1975) ARTICLE 2-32 Park and Recreation Advisory Board Sec. 2-32-10. Title. There has hereby been established in the City a Park and Recreation Advisory Board. This Article is adopted for the purpose of codifying the organization of the Park and Recreation Advisory Board. (Ord. 1538 §1(part), 1998) Sec. 2-32-20. Purpose. The Board created under this Article shall study, investigate and advise the City Council as to any and all matters affecting the acquisition, ownership and operation of the parks and recreation, vegetation, farmland, agricultural and open space areas within the City and all park and/or recreation programs and facilities for the purpose of developing and promulgating policies, programs and services of the City insofar as such matters are within the responsibility and jurisdiction of the City Council. (Ord. 1538 §1(part), 1998; Ord. 2076 2010) Sec. 2-32-30. Powers and duties. The Park and Recreation Advisory Board shall have all the powers granted herein and shall perform all duties as provided herein. The Board shall adopt rules and regulations for the conduct and for defining the duties of its meetings, members, officers and committees. (Ord. 1538 §1(part), 1998) ---PAGE BREAK--- 2-39 Sec. 2-32-40. Membership. The Park and Recreation Advisory Board shall be composed of twelve (12) voting members, all of whom shall reside in the City, except the School District 27-J Representative, who shall be appointed as follows: Three at-large members appointed by the Mayor with approval of the City Council; One member from each ward to be recommended by the Councilmember from that ward and appointed by the Mayor with approval of the City Council; One ex officio member and one alternate ex officio member who shall be members of the City Council appointed by the City Council; One Representative of the School District 27-J; Two youth members shall represent the community at large and shall be appointed by the Mayor with the approval of the City Council; Two members with special knowledge of and/or experience with farming and agricultural land preservation appointed by the Mayor with approval of the City Council; and Two alternates, not from the same ward, recommended by members of the City Council, appointed by the Mayor with approval of the City Council. (Ord. 1538 §1(part), 1998; Ord. 2076 2010) Sec. 2-32-50. Terms of office. The terms of office for members of the Park and Recreation Advisory Board shall expire on January 31 and begin on February 1. The terms of office of the Park and Recreation Advisory Board shall be as follows: The term of office for the members appointed from the City Council and school board, both voting and alternate members, shall be the same as their tenure in office. The terms of office for all other members, both voting and alternate members, shall be four years. (Ord. 1538 §1(part), 1998; Ord. 1940 2008) Sec. 2-32-60. Appointment of Board. The members from the various wards shall be appointed by the Mayor with the advice and consent of the City Council. The first appointment of voting members to the Board shall be made upon the effective date of the ordinance codified in this Article. (Ord. 1538 §1(part), 1998) Sec. 2-32-70. Staff representative. The City Manager shal l appoint a staff representative who shall also serve as secretary to the Board as well as custodian of records. (Ord. 1538 §1(part), 1998) ---PAGE BREAK--- 2-40 Sec. 2-32-80. Organization and rules. At the first meeting in February, the Board shall elect a chairperson, vice chairperson and secretary from among its members, each of whose term shall be for one year, with eligibility for reelection. The Board shall meet as necessary. It shall adopt such rules and regulations governing its procedures as it may consider necessary or advisable, and shall keep a record of its proceedings, which record shall be a public record. The Board shall submit and approve operational bylaws. A quorum shall consist of a majority of the voting members. (Ord. 1538 §1(part), 1998) Sec. 2-32-90. Absences/alternates. Any member of the Board who is unable to attend a meeting shall notify the chairperson, vice chairperson or City staff in advance of the meeting, stating the reason for his or her absence. Two unexcused absences constitute the resignation of that member. Any member not present at the start of the meeting shall be considered absent and an alternate will be seated. In the case of absences of regular members, the alternates shall be seated in the following order: the alternate with seniority shall be seated first. If both alternates have served for the same amount of time, seating shall be by alphabetical order of the last names. All members and alternates in attendance may participate in the discussion. Only seated members may vote. (Ord. 1538 §1(part), 1998) Sec. 2-32-100. Removal. Members, other than ex officio City Council and school board members, may be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office, or the governing body may remove the member representing it for the same reasons. The Mayor or governing body, as the case may be, shall file a written statement of reasons for such removal. (Ord. 1538 §1(part), 1998) Sec. 2-32-110. Compensation and reimbursement for expenditure. Members of the Park and Recreation Advisory Board shall serve without compensation; provided, however, that each member may be reimbursed for any actual expenditure incurred by him or her in connection with his or her duties as a member of the Park and Recreation Advisory Board. (Ord. 1538 §1(part), 1998; Ord. 1589, 1999) Sec. 2-32-120. Vacancies. Any vacancy occurring on the Board shall be filled by appointment of a successor by the Mayor, with the advice and consent of the City Council, for the balance of the unexpired term of office. The person appointed must meet those qualifications required of the office to which he or she is appointed as set forth herein. (Ord. 1538 §1(part), 1998; Ord. 1589, 1999) ---PAGE BREAK--- 2-41 ARTICLE 2-36 Planning Commission Sec. 2-36-10. Planning generally. The City Council deems it necessary and expedient that the City plan the future physical development of the City. (Prior code §4-101) Sec. 2-36-20. Purpose. The City Council believes that City planning should be made for the general purposes of guiding and accomplishing a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other danger, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and adequate provision for public utilities and other public requirements. (Prior code §4-102; Ord. 1940 2008) Sec. 2-36-30. Created; membership. There is hereby created a Planning Commission for the City. The Planning Commission shall consist of five members and one alternate, all of whom shall reside in the City and who shall be appointed as follows: One at-large member appointed by the Mayor with the approval of the City Council; One member from each ward to be recommended by the Council Member from that ward and appointed by the Mayor with approval of City Council; One alternate member appointed by the Mayor with the approval of the City Council; and In recommending, selecting and appointing such members to the Planning Commission, the Mayor, Council Members and City Council may, in their reasonable discretion, conduct such interviews and adopt such selection guidelines and procedures as are reasonably necessary or appropriate, so as to properly evaluate the qualifications of prospective Commission members and accomplish quality appointments. (Prior code §4-103; Ord. 750 1973; Ord. 1940 2008) Sec. 2-36-40. Appointment. The City Council and the Mayor are directed to cause the members of the Planning Commission to be selected and appointed and the Planning Commission, upon its organization and adoption of its rules, shall proceed to function. (Prior code §4-106) ---PAGE BREAK--- 2-42 Sec. 2-36-50. Term of office and compensation. The members of the Planning Commission shall serve in such capacity without compensation. All terms of service shall expire on January 31 and begin on February 1. The terms of office of each of the five appointed members of the Planning Commission and alternate shall be four years, or until his or her successor takes office; except the respective terms of two of the members first appointed shall be one year, two other members for two years and the remaining member for three years. (Ord. 1940 2008) Sec. 2-36-60. Powers and duties generally. The Planning Commission shall have all the power granted and shall perform all the duties imposed by the Charter, ordinances, rules, regulations and standards of the City, as amended. (Ord. 1964 §11, 2008) Sec. 2-36-70. Organization and rules. The Commission shall elect a Chairperson and Vice Chairperson from among its members, each of whose term of office shall be for one year, with eligibility for reelection. The Commission shall meet as necessary. It shall adopt such rules and regulations governing its procedures as it may consider necessary or advisable and shall keep a record of its proceedings. A quorum shall consist of three members. Any member of the Commission who is unable to attend a meeting shall notify the Chairperson, Vice Chairperson, Secretary or planning staff in advance of the meeting, stating the reason for his or her absence. Commission members in attendance in each instance shall determine whether or not such absence is excusable. Absences without such notice shall be deemed unexcused. More than two unexcused absences constitute the resignation of that member. Any member not present at the commencement of a meeting shall be considered absent unless the tardiness is excused by the Commission members in attendance at the commencement of the meeting. Members may be removed by the Mayor after public hearing by the City Council for inefficiency, neglect of duty or malfeasance in office. If such hearing results in removal of a member from the Commission, the City Council shall file a written statement of reasons for such removal, signed by the Mayor. Vacancies occurring other than through the expiration of a term shall be filled by appointment of the Mayor, with approval by the City Council, for the remainder of the unexpired term. (Ord. 1964 §11, 2008) ARTICLE 2-37 Board of Adjustment Sec. 2-37-10. Board of Adjustment. There is hereby created a Board of Adjustment. The Planning Commission shall serve as the Board of Adjustment, and, except as may be specifically provided, the membership on the Board, appointments, ---PAGE BREAK--- 2-43 terms, removal and rules of procedure shall be the same as the Planning Commission. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or other administrative official charged with the enforcement of this Code or to decide in favor of the applicant any matter which the Board is required to approve under the Land Use and Development Code. (Ord. 1940 2008; Ord. 1964 §12, 2008) ARTICLE 2-38 Development Review Committee Sec. 2-38-10. Creation. There is hereby created the Development Review Committee. The Committee shall consist of one or more representatives from: Each of the following City departments and/or their respective divisions: Community Development Department, Public Works Department, Parks and Recreation, Water Department, Wastewater Department, Police Department and the representatives of any other department or division as determined necessary by the Director of the Community Development Department; and A representative of the Greater Brighton Fire Protection District. Referrals shall also be sent to any agency that may require review and comment regarding the application. These agencies may include, but are not limited to, utilities, school districts, health departments, ditch companies, special districts and departments of the federal, state and county governments. (Ord. 1964 §13, 2008) Sec. 2-38-20. Powers and duties. The Committee shall review all applications, submission and plans submitted under the requirements of Chapter 17, Land Use and Development Code, as amended, that require referral, review and comment. Further, the Committee shall review all plans for new development and major reconstruction or structural or site changes for all zone districts. The Committee shall also review proposed changes to the City Comprehensive Plan, master plans and any other plan or policy as deemed necessary by the Director, Planning Commission, City Council or the City Manager. (Ord. 1964 §13, 2008) Sec. 2-38-30. Meetings. The Committee shall meet to review proposed applications and plans when requested by the Director of the Community Development Department. All meetings shall be open to the public. (The applicant and/or property owner for the application being reviewed is strongly encouraged to attend the meeting, as this is an opportunity to address any concerns that the Committee may have prior to the full plan review and comment letter.) (Ord. 1964 §13, 2008) Sec. 2-38-40. Referral, review and comments. Copies of applications and plans shall be distributed to the appropriate departments, divisions and outside agencies for review, comment and recommendations. Unless another time period is specified, the recipients of an application and/or plan shall have fifteen (15) business days from the date of the ---PAGE BREAK--- 2-44 application and/or plan were sent out for review, to review the application and associated materials and to return comments and recommendations to the Director. Fa ilure to return comments of oth erwise notify the Director shall constitute approval by the recipient. (Ord. 1964 §13, 2008) ARTICLE 2-40 Housing Authority Sec. 2-40-10. Organization of Housing Authority. There has heretofore been organized in the City a Housing Authority pursuant to state statutes, and this Article is adopted for the purpose of codifying the organization of the Housing Authority. (Ord. 1216 (part), 1986; Ord. 1589, 1999) Sec. 2-40-20. Board membership and term of office. The affairs of the Housing Authority shall be under the supervision and control of Commissioners consisting of seven members and two alternates appointed by the Mayor and ratified by the City Council. Subsequent to the initial appointment by the Mayor or the Commissioners, the Commissioners thereafter shall elect a Chairman and Vice Chairman. Not less than one Commissioner shall be an individual who is directly assisted by the Authority. Not more than one of such Commissioners may be a City official and, in the event that a City official is appointed as Commissioner, acceptance or retention of such appointment shall not be deemed a forfeiture of office as a City official or incompatible therewith or affect the tenure or compensation in any way. Furthermore, the term of office of a Commission who is a City official shall not be affected or curtailed by the expiration of the term of the City office. The Commissioners first appointed shall serve for terms of one two three four and five years, respectively, determined by lot from the date of their appointment; and thereafter the term of office of each Commissioner shall be for five years. A Commissioner shall hold office until his or her successor has been appointed and has qualified. Vacancies other than by reason of expiration of terms of office shall be filled for the unexpired term. Commissioners and alternates shall be residents of the City for a period of at least thirty (30) days preceding the date of appointment, and residency in the City shall be a prerequisite to continuing to serve as a Housing Authority Commissioner; provided that qualified residents shall be given priority for appointment, and that no more than two Commissioners and no more than one Alternate need not be a resident of the City if the City Council, after a good faith effort to appoint residents, is unable to find qualified residents for appointment, and the nonresident applicant is employed within the City at the time of appointment, and the City Council determines that it is in the best interest of the City and the Authority ---PAGE BREAK--- 2-45 that nonresident/qualified persons be so appointed. Any Commissioner of the Housing Authority who is unable to attend a meeting shall notify the Chairperson, Vice Chairperson or City staff in advance of the meeting, stating the reason for his or her absence. Two unexcused absences constitute the resignation of that Commissioner. Any Commissioner not present at the start of the meeting shall be considered absent and an alternate will be seated. In the case of absences of regular Commissioners, the alternates shall be seated in the following order: the alternate with the initial five-year term, if available, shall be seated and thereafter the alternate with seniority shall be seated first. If both alternates have served for the same amount of time, seating shall be by alphabetical order of the last names. All Commissioners and alternates in attendance may participate in the discussion. Only seated Commissioners and alternates seated for a Commissioner may vote. Alternates shall be appointed for five-year terms, provided that, after the initial appointment of the two alternates, one of the initial alternates shall serve for three years and the other for five years, determined by lot, and thereafter each alternate shall serve the full five-year term. (Ord. 2029 2009; Ord. 2123 2012; Ord. 2126 2012; Ord. 2136 2012) Sec. 2-40-30. Compensation. No Commissioner shall receive compensation for services, but shall be reimbursed for actual necessary expenses incurred in the performance of official duties as a Commissioner. (Ord. 1216 (part), 1986) Sec. 2-40-40. Rules governing procedures. The Commission may adopt and promulgate rules governing its procedures, including election of its officers, and the rules shall be filed in the office of the City Clerk. The Commission shall hold such meetings as it determines are necessary for the conduct of its business. All meetings of the Commission shall be open to the public except those dealing with land acquisition, sales, personnel matters or legal matters. The rules of the Commission shall provide that three Commissioners shall constitute a quorum. (Ord. 1216 (part), 1986) Sec. 2-40-50. Powers and duties generally. The Housing Authority shall have all the power granted and shall perform all the duties imposed by the state statutes. (Ord. 1216 (part), 1986; Ord. 1589, 1999) Sec. 2-40-60. Removal of Commissioner. Adverse actions against any Commissioner for inefficiency, neglect or misconduct in office shall comply with the requirements of the state statutes. (Ord. 1216 (part), 1986; Ord. 1589, 1999) ---PAGE BREAK--- 2-46 ARTICLE 2-44 Cemetery Sec. 2-44-10. Establishment and operation generally. The City owns and operates Elmwood Cemetery and Fairview Cemetery. The City Council has control of the operation of the cemeteries through the establishment of cemetery rules and regulations which shall cover, among other things, the sale and care of cemetery lots. Within the guidelines established by the rules and regulations, the Cemetery Sexton shall be responsible for supervision of the cemeteries, and the City Manager shall have the final administrative responsibility for management of the cemeteries. (Prior code §2-301; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-20. Perpetual care defined and provided. The City shall provide perpetual care for the Elmwood Cemetery and Fairview Cemetery. As used in this Article, the term perpetual care means the cutting and watering of the grass at reasonable intervals; the raking and cleaning of the lots; the general care and pruning of the trees and shrubs that may be placed along the walks, roadways and boundaries; and means and intends the general preservation of the lots and the grounds, walks, roadways, boundaries and structures to the end that the grounds shall remain and be reasonably cared for as cemetery grounds forever. Perpetual care does not include the maintenance, repair or replacement of any public mausoleum for which perpetual care has been paid to the City. (Prior code §2-302; Ord; 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-30. Sale of lots and issuance of deeds. No lot or part of a lot in the Elmwood Cemetery or Fairview Cemetery shall hereafter be sold unless the purchaser thereof pays the fee for the purchase price thereof, and for the perpetual care thereof, as is provided in this Article. Upon the payment to the City of the purchase price of any lot and the sum charged for perpetual care, the City Clerk and the Cemetery Sexton shall execute and deliver proper deeds of conveyance therefor. Such deeds shall grant to the owner thereof the right to use such lots for burial of human remains only, subject to the rules and regulations of the City. The fee title to any lot or space conveyed shall remain in the City subject to the right of burial as provided for in this Article. (Prior code §2-303; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-40. Proceeds from sale of lots. All moneys received from the sale of cemetery lots shall be placed in the cemetery operating fund of the City. (Prior code §2-308; Ord. 853 §1(part), 1975; Ord. 1592 1999) Sec. 2-44-50. Cemetery plat and recordkeeping required. The City Manager shall cause the cemeteries to be laid out and platted into lots duly numbered. A cemetery book for each cemetery shall be kept by the Cemetery Sexton as a record of the lots. Thereafter, all transactions involving the transfer of ownership of the lots shall be duly kept and recorded in the cemetery book. No transfer or assignment of any lot or interest therein shall be valid without the written consent of the City recorded in the records of the City. (Prior code §2-304; Ord. 853 §1(part), 1975; Ord. ---PAGE BREAK--- 2-47 1592 1999; Ord. 1710 2001) Sec. 2-44-60. Perpetual care receipt and certificate. It shall be the duty of the City Clerk and Cemetery Sexton, in all cases where payment is made for perpetual care of lots, to issue a receipt therefor to the purchaser under the corporate seal of the City to the effect that in consideration of the payment made, the City assumes and agrees to provide perpetual care of the lot therein described. A permanent record shall be kept by the City Clerk and Cemetery Sexton of perpetual care cemetery lots. (Prior code §2-305; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-70. Notice of interment. At least ten (10) working hours' advance notice must be given to the Cemetery Sexton of the intention to bury the remains of any person in the Elmwood Cemetery or Fairview Cemetery. (Prior code §2-309; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-80. Contagion notice and disinterment restrictions. Special notice shall be given to the Cemetery Sexton of any person who dies of a contagious disease in order that suitable arrangements may be made for the safety of City employees and the public. Remains of a person dying of any contagious disease shall not be disinterred less than one year after burial in the absence of an order of court with competent jurisdiction. (Prior code §2-310; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-90. Disinterment procedure. Notice must be given in advance to the Cemetery Sexton when arrangements are made for disinterment. Any disinterment shall be at such time as is arranged with the Cemetery Sexton. No disinterment shall be made except by the cemetery employees with consent of the legal representative of the deceased or order of court with competent jurisdiction. (Prior code §2-311; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-100. Location and size of graves. All graves shall be at least five feet in depth, forty-eight (48) inches wide and ten (10) feet long. Each grave shall be required to have a vault with a minimum capacity of twenty-eight (28) days, and four thousand (4,000) psi. Each block shall contain no more than eight grave sites. (Prior code §2-312; Ord. 853 §1(part), 1975; Ord. 1592 1999) Sec. 2-44-110. Care and control by City; exception. All grading and landscape work shall be performed by the City. All planting, trimming, cutting and removing of trees and shrubs shall be provided by the City. All opening and closing of graves and all interments and disinterments shall be performed by the City. If any tree, shrub or plant growing or standing upon any lot or walk shall, by means of its roots, branches or otherwise, become detrimental to adjacent lots or walks or interferes with the general design of the cemetery, the City shall have the right to remove or cut such trees, shrubs or plants. (Prior code §2-313; Ord. 853 §1(part), 1975; Ord. 1592 ---PAGE BREAK--- 2-48 1999; Ord. 1710 2001) Sec. 2-44-120. Decorations; City nonliability. The City is not liable for loss or damage to any decoration due to the elements, thieves, vandals or causes beyond the City’s control. (Prior code §2-314; Ord. 853 §1(part), 1975; Ord. 1592 1999) Sec. 2-44-129. Definitions. For the purpose of distinguishing between a resident and nonresident for a fee schedule for the cemeteries in the City, a resident shall refer to the deceased, and be defined as residing within the corporate limits of the City as a primary place of residence at the time of death; or, having resided within the corporate limits immediately prior to being relocated outside the corporate limits necessitated by health or personal care requirements. (Ord. 1010 1979; Ord. 1710 2001) Sec. 2-44-130. Fees. The schedule of fees relating to Elmwood Cemetery and Fairview Cemetery shall be reviewed at such times as the City Council determines to be necessary and shall be set by resolution duly enacted by the City Council. (Ord. 1041 1980; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-140. Driving on lots prohibited. It is unlawful for any person to ride or drive, except on regularly laid out rights-of-way in the City cemeteries, any animal or vehicle upon, over or across the lands or lots of the City cemeteries or any part thereof. (Prior code §2-316; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-150. Entry prohibited; posting of hours. It is unlawful for any person to enter the grounds of the Elmwood Cemetery or Fairview Cemetery at any time except during the hours when the cemeteries are open to the public. In this regard, the hours of operation of the cemeteries shall be posted in a conspicuous place on the cemetery premises. (Prior code §2-317; Ord. 853 §1(part), 1975; Ord. 1592 1999; Ord. 1710 2001) Sec. 2-44-160. Destruction of property prohibited. It is unlawful for any person, not properly authorized, to destroy, mutilate, cut, remove, break or injure any trees, shrubs, plants or other ornament, or to tie any horse or other animal to the same, in any cemetery of the City; and it is likewise unlawful to destroy, cut, mutilate, remove, break, injure or deface any walks, sidewalks, fences, gateposts or other things used in or belonging to the cemeteries. (Prior code §2-318; Ord. 853 §1(part), 1975; Ord. 1592 1999) Sec. 2-44-170. Burial in approved cemeteries within City required. With the exception of ashes from cremation, the interment of any deceased person within the corporate limits of the City, except in platted and duly authorized cemeteries, is prohibited. (Prior code §2-319; Ord. 853 §1(part), 1975; Ord. 1592 1999) ---PAGE BREAK--- 2-49 Sec. 2-44-180. Interment and disinterment not allowed when. No interment, interment services or disinterments shall be allowed on Sundays or any of the City- observed legal holidays, except for emergencies as determined by the City Manager. (Prior code §2-320; Ord. 853 §1(part), 1975; Ord. 1592 1999) ARTICLE 2-48 Office of Emergency Management Sec. 2-48-10. Agency created and Director designated. There is created and established, as an agency under the City Council, the Office of Emergency Preparedness under the direction of a Director of Emergency Preparedness. The City Manager shall serve as the Director of Emergency Preparedness. (Prior code §1-801; Ord. 832 §1(part), 1975; Ord. 1384 §1(part), 1991; Ord. 1589, 1999) ARTICLE 2-52 Officers’ Bonds Sec. 2-52-10. City Manager’s bond. The City Manager shall be under bond in the amount of fifty thousand dollars ($50,000.00) with corporate surety duly licensed to do business in the State conditioned upon his or her faithful performance of duty and compliance with the governing laws of the City, the County, the State and the United States government. (Prior code §1-207(l); Ord. 782A §1(part), 1974) Sec. 2-52-20. City Clerk-Treasurer's bond. The City Clerk-Treasurer shall be under bond in the amount of twenty-five thousand dollars ($25,000.00) with corporate surety duly licensed to do business in the State, conditioned upon his or her faithful performance of duty and compliance with the governing laws of the City, the County, the State and the United States government. (Prior code §1-207(2); Ord. 782A §1(part), 1974) Sec. 2-52-30. Premiums paid by City. The premiums for the bonds required by Sections 2-52-10 and 2-52-20 of this Code shall be paid by the City. (Prior code §1-207 Ord. 782A §1(part), 1974) Sec. 2-52-40. Municipal Judge's bond. In addition to the oath required by Section 2-16-50 of this Code, the Municipal Judge shall give an official bond in the sum of five thousand dollars ($5,000.00) with good and sufficient surety conditioned, among other things, for the faithful performance of each and all of his or her duties and the accounting for all moneys and property coming into his or her hands and the prompt and faithful payment of all moneys and deliverance to his or her successor in office of all property and moneys coming into his or her custody, ---PAGE BREAK--- 2-50 possession or control belonging to the City. (Prior code §1-602(2); Ord. 830 §1 (part), 1975) ARTICLE 2-56 Officers' Salaries Sec. 2-56-10. Salaries determined by annual budget. The salaries of all officers and employees of the City shall be as provided annually in the annual budget. (Ord. 829 1975; Ord. 1599 1999) ARTICLE 2-60 Pensions Sec. 2-60-10. Adoption by resolution. The City Council may, from time to time, adopt pension, benefit and retirement plans for the officers and employees of the City by resolution, but in no event less than annually. (Ord. 2123 2011) Sec. 2-60-20. Adoption of pension and benefit plans by reference. Pursuant to Section 5.12 of the Charter of the City, the City Council adopts the following pension, benefit, and retirement plans and systems as promulgated by the respective plans and systems and approved by the City: The Fire and Police Pension Association Defined Benefit System adopted by Resolution 04-47 setting forth the terms, provisions and conditions thereof, effective January 1, 2005, a copy of which is on file in the office of the City Clerk. (Ord. 1864 2005) Sec. 2-60-30. Conflicts. If the terms, provisions or conditions of the Fire and Police Pension Association Defined Benefit System adopted by Resolution 04-47 are in conflict with any other ordinance or resolution, the terms, provisions and conditions of the Fire and Police Pension Association Defined Benefit System shall control. (Ord. 1864 2005) If the terms, provisions or conditions of a pension, benefit or retirement plan or system subsequently adopted by resolution of the City Council conflict with any other ordinance or resolution, the terms, provisions and conditions of the subsequently adopted pension, benefit or retirement plan or system shall control. (Ord. 1864 2005) ---PAGE BREAK--- 2-51 ARTICLE 2-64 Employees' Pension Plan and Trust Agreement Division 1. Name and Purpose of Plan and Trust Sec. 2-64-10. Title and intent. The City does hereby restate its qualified d e ferred money purchase pension plan known as the City of Brighton Employees' Pension Plan. The plan is created for the exclusive benefit of the City's eligible employees who qualify as participants and their beneficiaries. The plan is i n tended to qualify under Section 401(A) of the Internal Revenue Code, the trust created pursuant to the plan is intended to be exempt under Section 501(A) of such Code, and all provisions of this plan shall be constructed in accordance with this intention. (Ord. 1184 Art. 1, 1985; Ord. 1589, 1999) Division 2. Contributions by City, State and Participants Sec. 2-64-50. Determination of contribution by City. The City shall contribute and pay into the trust fund or more frequently as the City may determine, to the credit of each employee's account, an amount equal to nine pe r cent of the employee's compensation. (Ord. 1184 Art. 4 §4.1, 1985; Ord. 1710 2001) Sec. 2-64-60. Time and method of payment of contribution by City. The contribution of the City for any month shall be paid in cash to the trustee within ten (10) days following the end of the pay date. (Ord. 1184 Art. 4 §4.2, 1985; Ord. 1710 2001) Sec. 2-64-70. Contributions by participants. Mandatory contributions. Each employee must contribute to the trust fund nine percent of his or her compensation for each month. Each regular full-time and part-time employee of the City who is eligible to participate in this plan, as a condition to his or her e m ployment, shall be deemed to have authorized the City to make a payroll deduction of such amount from each of his or her paychecks and to transmit such amount directly to the trustee. Voluntary contributions. In addition to the mandatory contributions required in Subparagraph each participant may contribute to the trust fund on a voluntary basis such amount as he or she may elect, subject to the regulations and restrictions in the plan. No participant shall have any obligation to make any voluntary contribution. The City shall pay all amounts contributed by participants to the trustee as soon as is reasonably convenient and in no event less often than (Ord. 1184 Art. 4 §4.3, 1985; Ord. 1589, 1999; Ord. 1710 2001) ---PAGE BREAK--- 2-52 Sec. 2-64-80. City's obligations. The adoption and continuance of the plan shall not be deemed to constitute a contract between the City and any employee or participant, nor to be a consideration for, or an i n ducement or condition of, the employment of that person. Nothing herein contained shall be deemed to give any employee or participant the right to be retained in the employ of the City, or to interfere with the right of the City to discharge any employee or participant at any time, nor shall it be deemed to give the City the right to require the employee or participant to remain in its employ, nor shall it interfere with the right of any employee or participant to terminate his or her employment at any time. The City shall not incur any liability whatsoever to the trust fund, any participants or their beneficiaries, the trustee or any other person, for anything done or omitted by the trustee, or for the loss or depreciation in whole or in part of the trust fund. (Ord. 1184 Art. 4 §4.4, 1985) Division 3. Determination and Vesting of Participants' Interests Sec. 2-64-110. Vesting of participants' interests. A participant's interest in the contributions made by him or her and the earnings, los s es and changes in fair market value thereof, shall be fully vested at all times. The interest of a participant in the contributions made by the City, and the earnings, losses and changes in fair market value thereof, shall be vested at the rate of thirty-three and o ne-third percent (33⅓%) for each twelve (12) months a participant is employed by the City. An employee will be fully vested at the end of three years of service. If any employee leaves service prior to three years, then the employee will receive a pro-rata share of the contributions made by the City based on the number of years of service with the City. Any interest in the trust fund shall be and become payable to a participant or his or her beneficiaries only as and to the extent provided in this plan; and a participant or former participant who dies having designated a beneficiary shall cease to have any interest hereunder or in his or her separate trust account; and his or her beneficiary shall become entitled to distribution thereof as provided in this Article by virtue of the terms of this plan and not as a result of any transfer of said interest or account. (Ord. 1184 Art. 5 §5.2, 1985; Ord. 1710 2001) Sec. 2-64-130. Vesting upon termination of plan or discontinuance of contributions. Notwithstanding the provisions of Sections 2-64-110 and 2-64-120, upon the termination of the plan or upon the complete discontinuance of contributions under the plan to the trust, the interests of all participants shall become fully and completely vested for all purposes. (Ord. 1184 Art. 5 §5.4, 1985) ---PAGE BREAK--- 2-53 Division 4. Retirement Date; Designation of Beneficiary Sec. 2-64-140. Retirement age. The normal retirement age for each participant shall be sixty-five (65), and on the last day of the month in which his or her seventieth birthday occurs, he or she may retire. Until actual retirement, a participant shall continue to participate in the plan. (Ord. 1184 Art. 6 §6.1, 1985; Ord. 1589, 1999) Sec. 2-64-150. Designation of beneficiary. Each participant shall have the right to designate a beneficiary or beneficiaries to receive his or her interest in the trust fund upon his or her death. If a participant shall fail to designate a beneficiary before his or her death, or if no designated beneficiary survives the participant, the proceeds thereof shall be held until a personal representative is appointed by order of court. (Ord. 1184 Art. 6 §6.2, 1985; Ord. 1710 2001) Division 5. Distribution From Trust Fund Sec. 2-64-160. When interests become distributable and effect thereof. When a participant dies, suffers total disability, retires or terminates his or her employment for any other reason, his or her interest in the trust fund shall thereupon become distributable as hereinafter provided in the plan. (Ord. 1184 Art. 7 §7.1, 1985; Ord. 1710 2001) Division 6. Administration Board Sec. 2-64-260. Appointment. The Administration Board shall consist of five members; one shall be the currently acting City Treasurer, one shall be appointed by the City Manager to serve at his or her pleasure, and three shall be participants elected by the participating employees. The three to be elected shall be elected for three-year staggered terms, with the term of one such member expiring in December of each year. The procedure to be followed in initially electing such members shall be established by the City Treasurer. After the first year, the election procedures shall be established by the Board. (Ord. 1184 Art. 8 §8.1, 1985) Sec. 2-64-270. Duties and powers. The Board shall be charged with the administration of this plan and trust and shall decide all questions arising in the administration, interpretation and application of the plan and trust agreement, including all questions relating to eligibility, vesting and distribution. The decisions of the Board shall be conclusive and binding on all parties. The Board shall, from time to time, direct the trustee concerning the payments to be made out of the trust fund pursuant to this plan. The Board shall also have the power to direct the trustee with respect ---PAGE BREAK--- 2-54 to all investments and reinvestments of the trust fund, and shall have such other powers respecting the administration of the trust fund as may be conferred upon it hereunder. The Board may employ for the trust fund an investment advisor and may rely on such advisor’s recommendation with respect to the investment of all or a portion of the trust fund. If the Board shall employ an investment advisor, it shall execute any letters or agreements necessary for the employment of such advisor, or it may direct the trustee to execute any such letters or agreement. The fees of such investment advisor shall be paid from the trust fund as an expense of the trust. The trustee shall be fully protected from any action of such investment advisor and shall not be liable to any person or organization for any investments made by such advisor or for any acts or omissions made upon the direction or recommendation of such advisor. The Board shall have the power to direct the trustee to enter into such contracts as are determined by the Board for the investment of the trust funds, and any such contract shall then become a part of this plan and trust and all other provisions of this plan and trust and particularly the provisions of Division 5 relating to the allocation of earnings and losses. The provisions of Division 9, relating to the trustee, shall be construed accordingly. The Board shall have the further power to direct the trustee to terminate such contract at any time subject to the provisions of such contract. (Ord. 1184 Art. 8 §8.2, 1985) Sec. 2-64-280. Organization and operation. The Board may adopt such procedures as it deems necessary for the conduct of its affairs, appoint one of its own members chairman, and appoint a secretary or other agents, none of whom need be a member of the Board, but any of whom may be, but need not be, an officer or employee of the City. It may delegate to any agent such duties and powers, both ministerial and discretionary, as it deems appropriate, excepting only that all matters involving investment of funds, interpretation of the plan and settlement of disputes shall be determined by the Board. Any determination of the Board shall be made by a majority of the Board at a meeting thereof, or without a meeting by a resolution or memorandum signed by all members, and shall be final and conclusive on the City, the trustee, all participants and beneficiaries claiming any rights hereunder, and as to all third parties dealing with the Board or with the trustee. All notices, directions, information and other communications from the Board to the trustee shall be in writing. (Ord. 1184 Art. 8 §8.3, 1985) Sec. 2-64-290. Matters affecting Board members. In any matter affecting any member of the Board in his or her individual capacity as a participant hereunder, separate and apart from his or her status as a member of the group of participants, such interested member shall have no authority or vote in the determination of such matter as a member of the Board, but the Board shall determine such matter as if said interested member were not a member of the Board; provided, however, that this provision shall not be deemed to take from said interested member any of his or her rights hereunder as a participant. In the event that the remaining members of the Board should be unable to agree on any matter so affecting an interested member because of an equal division of voting, the City Manager shall appoint a temporary member of the Board in order to create an odd number of voting members. (Ord. 1184 Art. 8 §8.4, 1985) Sec. 2-64-300. Compensation and expenses. The members of the Board shall serve without compensation in addition to their regular City compensation. All members shall be reimbursed by the City for any necessary expenditures incurred in the discharge of their duties as members of the Board. Such reimbursement and the compensation of all ---PAGE BREAK--- 2-55 agents, counsel or other persons retained or employed by the Board shall be fixed by the Board, and shall be paid from the trust fund or in the discretion of the City Manager, by the City. (Ord. 1184 Art. 8 §8.5, 1985) Sec. 2-64-310. Records. The Board shall keep track of all of its proceedings and shall keep or cause to be kept all such books of account, records and other data as may be necessary or advisable in its judgment for the administration of this plan and trust and properly to reflect the affairs thereof, and to determine the amount of vested and/or forfeitable interests of the respective participants in the trust fund, and the amount of all benefits hereunder. As a part thereof, it shall maintain or cause to be maintained separate accounts for each participant as provided for in Section 2-64-100(c). Any person dealing with the Board may rely on, and shall incur no liability in relying on, a certificate or memorandum in writing signed by the secretary of the Board or by a majority of the members of the Board as evidence of any action taken or resolution adopted by the Board. (Ord. 1184 Art. 8 §8 1985) Sec. 2-64-320. Immunity from liability. No bond or other security shall be required of any member of the Board except as may be otherwise required by law. No member of the Board shall be liable or responsible to any person or party for any matter or thing whatsoever, except only for his or her own gross negligence or willful misconduct. (Ord. 1184 Art. 8 §8.7, 1985) Sec. 2-64-330. Resignation and removal of members; appointment of successors. Any member of the Board may resign at any time by giving written notice to the other members and to the City Manager, effective as therein stated, otherwise upon receipt of such notice. Upon the death, resignation or removal of any elected board member, a successor to complete his or her term shall be elected within ninety (90) days in the manner set forth in Section 2-64-260 of this Article. (Ord. 1184 Art. 8 §8.8, 1985) Sec. 2-64-340. Authorization of loans to participants. Availability of loans. The City may permit participant loans at its option which shall be communicated to participants in writing if loans are permitted. Any such loan shall be made at the request of the participant and shall be subject to the requirements set forth in the qualified deferred money purchase pension plan loan guidelines. To the extent loans are made available, such loans shall be available to all participants on a reasonably equivalent and nondiscriminatory basis. Limitations on amount of loans. Any loan, when combined with the principal balance due on all other loans made to the participant by any retirement plan maintained by the employer, shall not exceed the lesser of fifty thousand dollars ($50,000.00), or fifty percent (50%) of such participant’s vested account balance. Notwithstanding the foregoing, any participant shall be permitted to borrow from his or her vested interest an amount which, when combined with the principal balance due on all other loans to the participant from any retirement plan maintained by the employer, does not exceed ten thousand dollars ($10,000.00). ---PAGE BREAK--- 2-56 Repayment of loans. Any loan shall be repaid within five years unless such loan is for the purpose of the purchase, construction or reconstruction of a principal residence for the participant or a member of the participant’s family. Such a loan for a residence must be repaid over no more than ten (10) years. Interest rate. Participant loans shall bear a reasonable rate of interest. (Ord. 1184 Art. 8 §8.9, 1985; Ord. 1710 2001) Division 7. Powers and Duties of Trustee Sec. 2-64-410. Records and accounts. The trustee shall keep all records and accounts which may be necessary in the administration and conduct of this trust. (Ord. 1184 Art. 9 §9.6, 1985; Ord. 1710 2001) Division 8. Continuance, Termination and Amendment of Plan and Trust Sec. 2-64-430. Continuance of plan not contractual obligation of City. It is the expectation of the City that it will continue the plan indefinitely but the continuance of the plan is not assumed as a contractual obligation by the City, and the right is reserved to the City by action of its City Council to discontinue this plan at any time. The discontinuance of this plan by the City shall, in no event, have the effect of revesting any part of the trust fund in the City. (Ord. 1184 Art. 10 §10.1, 1985) Sec. 2-64-440. Termination of trust. This trust created under this Article is irrevocable and shall continue in full force and effect for such time as may be necessary to accomplish the purpose for which it is created, unless sooner termination and discontinued by the City by action or its City Council. Notice of such termination shall be given to the trustee by an instrument in writing, executed by the City Manager pursuant to the action of the City Council. (Ord. 1184 Art. 10 §10.2, 1985) Sec. 2-64-450. Distribution of trust fund on termination of plan. If the plan shall, at any time, be terminated by the terms of this Division, the trustee shall immediately convert the entire trust fund, other than insurance and annuity contracts, to cash. The value of the interest of each respective participant or beneficiary in the trust fund shall be vested in its entirety as of the date of the termination of the plan. The trustee shall, as soon as possible, distribute to each participant or beneficiary outright his or her entire interest in the trust fund. (Ord. 1184 Art. 10 §10.3, 1985) ---PAGE BREAK--- 2-57 Sec. 2-64-460. Amendments to plan and trust agreement. The City, by action of its City Council, may at any time, from time to time, amend this plan and trust agreement; provided, however, that no such amendment shall be made at any time pursuant to which the trust fund may be diverted to purposes other than for the exclusive benefit of the participants and their beneficiaries; and provided further that no amendment shall decrease the percentage of the interest of any participant which shall theretofore have become vested; nor shall any amendment discriminate in favor of employees who are officers, persons whose principal duties consist of supervising the work of other employees or highly compensated employees. Notwithstanding anything herein to the contrary, however, the plan and trust agreement may be amended at any time from time to time, if necessary, to conform to the provisions and requirements of the Internal Revenue Code or any amendments thereto, and no such amendment shall be considered prejudicial to the interest of any participant or beneficiary hereunder. (Ord. 1184 Art. 10 §10.4, 1985) Division 9. Miscellaneous Sec. 2-64-470. Benefits to be provided solely from trust fund. All benefits payable under this plan shall be paid or provided for solely from the trust fund, and the City assumes no liability or responsibility therefor. (Ord. 1184 Art. 11 §11.1, 1985) Sec. 2-64-480. Notices from participants to be filed with Board. Whenever provision is made herein that a participant may exercise any option or election or designate any beneficiary, the action of each participant shall be evidenced by a written notice thereof, signed by the participant on a form, if any, furnished by the Board for such purpose and filed with the Board, which shall not be effective until received by the Board. (Ord. 1184 Art. 11 §11.2, 1985) Sec. 2-64-490. Text to control. The headings of articles and sections are included solely for convenience of reference. If there is any conflict between such headings and the text of this plan and trust, the text shall control. (Ord. 1184 Art. 11 §11.3, 1985) Sec. 2-64-500. Law governing and severability. This plan and trust agreement shall be construed, regulated and administered under the laws of the State, and the trustee shall be liable to account only in the courts of the State. All contributions received by the trustee hereunder shall be deemed to have been received in the State. In the event any provision of this Article or plan or trust agreement shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions hereof. On the contrary, such remaining provisions shall be fully severable and this plan and trust agreement shall be construed and enforced as if said illegal or invalid provisions had never been inserted in this Article. (Ord. 1184 Art. 11 §11.4, 1985) ---PAGE BREAK--- 2-58 Sec. 2-64-510. Plan for exclusive benefit of participants; reversion prohibited. This plan and trust agreement has been entered into for the exclusive benefit of the participants and their beneficiaries. Under no circumstances shall any funds contributed to or held by the trustee hereunder at any time revert to or be used by or enjoyed by the City, nor shall any such funds or assets at any time be used other than for the exclusive benefit of the participants or their beneficiaries. (Ord. 1184 Art. 11 §11.5, 1985) ARTICLE 2-65 Liquor Licensing Authority Sec. 2-65-10. Liquor Licensing Authority established. There is hereby established a Liquor Licensing Authority, which shall have and is vested with the authority to grant and refuse licenses and special permits, approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinuous or spirituous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations and suspend or revoke such licenses for cause, all in the manner provided by law. The Liquor Licensing Authority shall have all the powers of the licensing authority set forth in Articles 46, 47 and 48 of Title 12, C.R.S. (Ord. 1773 2003) Sec. 2-65-20. Membership; terms of office; officers. The Liquor Licensing Authority of the City shall consist of five voting members: one from each of the four Council wards of the City and one at-large position; and one alternate from any ward. Each member of the Authority shall be a qualified elector and at least twenty-one (21) years of age on the date of appointment. If there are no applicants for any of the four ward positions, or if none of the applicants is deemed qualified to serve in that position, the vacant ward position may be filled by any qualified applicant, regardless of ward. All members and alternates of the authority shall be appointed by the Mayor and City Council for four-year terms. The length of term for the first Liquor Licensing Authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in Subsection 2-65-50(b), all subsequent appointments shall be for four-year terms. No person shall serve or continue to serve as a member of the Liquor Licensing Authority who has or obtains any financial interest, including employment, in the operation of any business which is issued a license relating to fermented malt beverages or alcoholic beverages pursuant to Articles 46, 47 and 48 of Title 12, C.R.S., or who has a member of his or her immediate family who has or subsequently obtains such an interest or employment in any such business in the City. No person shall serve or continue to serve as a member of the Liquor Licensing Authority who is or becomes a member of the City Council, except during any period of time during which the City Council is acting in the role of the Liquor Licensing Authority as provided in Subsection 2-65-50(b) below. ---PAGE BREAK--- 2-59 No person shall be eligible for appointment or continue to serve as a member of the Liquor Licensing Authority who has been convicted within the seven years preceding such appointment of driving under the influence of alcohol or drugs, driving while impaired by the influence of alcohol or drugs, or any alcohol- or drug-related offense, or any violation of Articles 46, 47 or 48 of Title 12, C.R.S. The Police Department shall conduct a criminal record background check on all Liquor Licensing Authority appointees. The Liquor Licensing Authority shall annually elect a chair from its membership. The chair, or person serving on the Liquor Licensing Authority designated by the chair to serve as acting chair in the chair's absence, shall preside over all hearings and proceedings of the Authority. (Ord. 1773 2003; Ord. 1779 2003) Sec. 2-65-30. Appointment. The Mayor and the City Council are directed to cause the members of the Liquor Licensing Authority to be selected and appointed, and the Liquor Licensing Authority, upon its organization and adoption of its rules, shall proceed to function. (Ord. 1773 2003) Sec. 2-65-40. Removal. Any member of the Liquor Licensing Authority may be removed for cause by a majority vote of the entire City Council. (Ord. 1773 2003) Sec. 2-65-50. Vacancies. Any vacancy occurring in the Liquor Licensing Authority for any reason shall be filled for the unexpired term by the City Council in accordance with City Council policies for filling positions on boards and commissions. In the event three vacancies exist simultaneously on the Liquor Licensing Authority, and there are matters scheduled for consideration before the Liquor Licensing Authority, the City Council shall act as the Liquor Licensing Authority until a quorum of the Liquor Licensing Authority is reconstituted by filling the vacancies in accordance with this Section. (Ord. 1773 2003) Sec. 2-65-60. Training. Before becoming a voting member of the Liquor Licensing Authority, each member of the Liquor Licensing Authority must complete a course or class of training, approved by the City, in the laws and regulations governing alcohol beverage sales. (Ord. 1773 2003) Sec. 2-65-70. Rules of procedure. The Liquor Licensing Authority shall establish its Rules of Procedure (Rules) regulating the conduct of its meetings, which Rules shall be approved by the City Council. The Liquor Licensing Authority may make recommendations to the City Council for changes in its Rules. (Ord. 1773 2003) ---PAGE BREAK--- 2-60 Sec. 2-65-80. Staff representation. The City Attorney and the office of the City Clerk shall act in an advisory capacity to the Liquor Licensing Authority. (Ord. 1773 2003) Sec. 2-65-90. Compensation and reimbursement of expenditure. Members of the Liquor Licensing Authority shall receive no compensation for their service; however, any necessary expenditure incurred in the performance of their duties shall be reimbursed by the City as determined by the City Council as part of the annual budget process. (Ord. 1773 2003) Sec. 2-65-100. Quorum appeal. A quorum of the Liquor Licensing Authority shall consist of three members, and a decision of a majority of the quorum present shall control. All decisions of the Liquor Licensing Authority are final, subject only to appeal to a court of competent jurisdiction. (Ord. 1773 2003) Sec. 2-65-110. Exercise of police power. The City Council declares that the provisions contained in this Section are an exercise of the police power of the City for the protection of the economic and social welfare and the health, safety, peace and morals of the citizens and residents of the City, as authorized by and pursuant to the authority granted under Article XX of the State Constitution and the provisions of the Colorado Liquor and Beer Codes, as amended. (Ord. 1773 2003) ARTICLE 2-66 Historic Preservation Commission Sec. 2-66-10. Establishment; membership. The City Council hereby creates an Historic Preservation Commission, which shall have principal responsibility for matters of historic preservation set forth in this Article and Article 16-22, Historic Preservation, of this Code, as amended from time to time, and all other ordinances, rules, regulations, policies and procedures of the City related to preservation of cultural resources. Except as provided in Paragraph below, the Historic Preservation Commission shall consist of seven members. Members shall be residents of the City for at least one year prior to their appointment and shall have a demonstrated interest or expertise in preservation-related disciplines, including but not limited to history, architecture, landscape architecture, architectural history, historic archaeology, urban planning, American studies, American civilization or related disciplines such as the building trades, cultural geography, cultural anthropology, real estate, finance or law. The City Manager, or his or her designee, shall serve as a nonvoting member of the Historic Preservation Commission. ---PAGE BREAK--- 2-61 No fewer than three members of the Historic Preservation Commission shall be professionals, as described in Appendix 1, Historic Preservation Professional Qualifications, of the Colorado Certified Local Government Handbook, as may be amended from time to time. a. The City Council shall, as much as is possible, appoint members to the Historic Preservation Commission who meet the qualifications for an historic preservation professional as described in Appendix 1, Historic Preservation Professional Qualifications of the Colorado Certified Local government Handbook, as may be amended from time to time. Other suitable candidates for the historic preservation professional positions may be appointed to the commission at the discre tion of the City Council. b. The City Council may appoint no more than three members to the History Preservation Commission who reside outside of the City limits. Members who reside outside of the City limits shall be appointed, if necessary, to fulfill historic preservation professional vacancies. The City Council may appoint, in addition to the seven voting members of the Historic Preservation Commission, two alternate members of the Commission for terms of four years. The initial terms of the alternates shall be one year and two years as determined by the City Council and thereafter the terms of alternates shall be four years. For the purposes of this provision, a term shall include the balance of an unexpired term by an alternate appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. The alternates shall attend and participate in meetings of the Commission as more fully set forth in below. Alternates shall not serve more than two successive terms. The appointment and service of alternates shall be in accordance with the following subsections of this Section 2-66-10: a. Subsection related to residency and expertise; b. Subsection requiring diligent efforts to expand and increase their expertise, professional development, and required attendance; and c. Subsection related to removal of members and filling of unexpired terms. Any member of the Historic Preservation Commission who is unable to attend a meeting shall notify the chairperson, vice chairperson or City staff in advance of the meeting, stating the reason for his or her absence. Any member not present at the start of the meeting shall be considered absent and an alternate will be seated. In the case of absences of regular members, the alternates shall be seated in the following manner: The alternate with seniority shall be seated first; or If both alternates have served for the same amount of time, seating shall be by alphabetical order of the last names. ---PAGE BREAK--- 2-62 All members and alternates in attendance may participate in the discussion. Only seated members and alternates seated for an absent member may vote. The commitment to maintain and enhance high standards of credibility, integrity, professionalism, ethics and expertise is of paramount importance for every member of the Historic Preservation Commission. The City Council, public officials, citizens, City staff and fellow colleagues depend and rely upon the expertise and integrity of the Historic Preservation Commission. In order to maintain the credibility required for those persons appointed to decision-making bodies, such as the Historic Preservation Commission, members of the Historic Preservation Commission shall make diligent efforts to expand and increase their expertise and professional development and to attend and participate in all the regularly scheduled Commission meetings. Professional development and training. Each member of the Historic Preservation Commission, at least once during their appointed term, shall attend an historic preservation conference or attend some form of formal continued professional development and training. Every effort should be made to attend a professional development event within the first year of the member's term. a. Eligible professional development subjects will focus on contemporary skills and knowledge in the practices, theories, tools, techniques and legal issues in the fields of historic preservation, urban planning, architectural history, archaeology and history. b. Failure of a member to attend at least one eligible professional development program will disqualify that person from being eligible for reappointment to the Historic Preservation Commission. Attendance policy. Each member of the Historic Preservation Commission shall attend no less than seventy-five percent (75%) of all the scheduled Historic Preservation Commission meetings. a. Failure of a member to attend at least seventy-five percent (75%) of the regularly scheduled Historic Preservation Commission meetings will disqualify that person from being eligible for re- appointment to the Historic Preservation Commission. b. The City Council, at its own discretion, may elect to waive the attendance policy for Historic Preservation Commission members in the case of illness or some other extenuating circumstance. The Mayor and City Council shall appoint the members of the Historic Preservation Commission. The initial terms of the members of the Historic Preservation Commission shall be three members for four years, two members for three years and two members for two years. Following the initial terms, the terms of all members shall be four years. Members shall not serve more than two successive terms. For the purposes of this provision, a term shall include the balance of an unexpired term served by a person appointed to fill a vacancy if such unexpired term exceeds twenty-four (24) months. Members of the Historic Preservation Commission may be removed by the City Council, with or without cause. If a vacancy occurs on the Historic Preservation Commission, it shall be filled by the City Council for the remaining unexpired portion of the term. (Ord. 1925 2007; Ord. 2081 2010) ---PAGE BREAK--- 2-63 Sec. 2-66-20. Powers and duties. The Historic Preservation Commission shall act in a quasi-judicial manner and shall draw a reasonable balance between the protection of private property rights and the public's interest in preserving the City's unique historic character. It shall have the following powers, duties and rule-making authority, subject to approval by the City Council: Advise the City Council on matters related to preserving the cultural resources and historic character of the City. Recommend to the City Council policies, procedures, criteria, guidelines and standards for the conduct of surveys and inventories of the cultural resources of the City, including identification of historic sites, structures, buildings and districts. Recommend to the City Council policies, procedures, criteria, guidelines and standards to implement the identification, designation and preservation purposes of Article 16-22, Historic Preservation, of this Code and all other ordinances, rules, regulations, policies and procedures of the City related to historic preservation. Recommend to the City Council policies, procedures, criteria, guidelines and standards for granting or denying applications for Certificates of Appropriateness to alter, construct, repair, move or demolish designated historic sites, structures or buildings. Continue the process for the survey and inventory of cultural resources, including buildings, sites, structures and districts within the City for designation of Historic landmarks or Historic districts. All surveys shall be conducted in accordance with the policies, procedures, criteria, guidelines and standards approved by the City Council and the Historic Survey Manual produced by the State Historic Preservation Officer. Surveys and inventories of cultural resources shall be for the purpose of defining those of historic significance and setting the priorities for determination of the importance of identified cultural resources. a. The Historic Preservation Commission shall prepare a City Historic Properties Watch List. The Watch List shall include a list of properties that are older than fifty (50) years old. The Historic Preservation Commission shall then conduct a cultural resources survey to determine the historic significance, if any, each structure possesses. b. Each structure shall be evaluated as to its historic significance and placed in a City Historic Properties Priority Matrix. The Priority Matrix shall include a list of those properties that, based upon the findings of the cultural resources survey, have been determined to possess some level of historic significance. This matrix shall identify basic levels of priority and rank the properties accordingly. Review cultural resources nominated for designation as an historic landmark or historic district and recommend that the City Council either approve, approve with conditions or deny the nomination for designation. ---PAGE BREAK--- 2-64 Review and make decisions on applications for Certificates of Appropriateness (COA) related to alterations, construction, repair, moving and/or demolition to a designated historic landmark or historic district. Advise and assist owners of cultural resources and historic properties on physical and financial aspects of preservation, renovation, rehabilitation and reuse, including nomination to the National Register of Historic Places and the Colorado Registers of Historic Properties. Develop and assist in public education programs, including but not limited to walking tours, brochures, marker programs for historic properties, lectures and conferences. (10) Actively pursue financial assistance for preservation-related programs. (11) Make recommendations to the City Manager concerning the utilization of grants from federal, state or local agencies, private groups and individuals and the utilization of budgetary appropriations to promote the preservation of significant cultural resources. (12) Perform all actions and functions as authorized or directed by Article 16-22, Historic Preservation, of this Code and all other ordinances, rules, regulations, policies and procedures of the City related to historic preservation. (13) Such other and further duties and responsibilities as may be directed by resolution or ordinance of the City Council. (Ord. 1925 2007) Sec. 2-66-30. Officers; procedures; bylaws. The Historic Preservation Commission shall elect annually from its membership a chairperson and such other officers as may be required. Rules of procedure and bylaws shall be adopted by the Historic Preservation Commission, provided that the rules of procedure and bylaws shall not be inconsistent with the City Charter, this Code or other policies established by the City Council. The Historic Preservation Commission may appoint committees and committee members it deems necessary from both within and outside its membership. There shall be a Demolition Review Sub-Committee of the Historic Preservation Commission consisting of the chair of the Commission, one member of the Commission selected by the chair, the Historic Preservation Administrator and the City Manager or his or her designee. (Ord. 1925 2007; Ord. 2060 2010) Sec. 2-66-40. Meetings records; annual report; action plan. The Historic Preservation Commission shall adopt a regular meeting schedule, provided that in no event shall it fail to meet at least four times in a calendar year. The Historic Preservation Commission shall conduct all meetings in accordance with Section 24- 6-402, C.R.S., Open Meetings Law. ---PAGE BREAK--- 2-65 The Historic Preservation Commission shall maintain records of all matters coming before it, including minutes of its meetings. Such records shall be open records in accordance with Section 24-72- 201, et seq., C.R.S., as amended. On or before January 31 of each year, the Historic Preservation Commission shall file a report with the City Clerk setting forth the activities of the Commission for the previous year. On or before November 30 of each year, the Historic Preservation Commission shall file with the City Clerk a plan for Historic Preservation Commission action for the following year. A quorum of the Historic Preservation Commission shall be at least four members. If a quorum is not present, the members present may adjourn the meeting. If a public hearing is continued, the time, date and place of the continuation shall be established and announced to those present when the current session is to be adjourned. Opportunity shall be provided for all interested parties to express their opinions and provide evidence regarding proposed designation or designations of landmarks and/or historic districts. However, nothing contained herein shall be construed to prevent the Historic Preservation C ommission from establishing rea sonable rules to govern the proceeding of the hearings or from establishing reasonable limits on the of individual presentations. (Ord. 1925 2007)