Document Douglas_doc_710ae8afb3

Page 1 of 4 CITY OF DOUGLAS CITY COUNCIL ORIENTATION CONTENTS OF HANDBOOK FOR CITY COUNCIL January 2015 A. Introduction 1. Table of Contents 2. Organizational Snapshot 3. Orientation Tour of City, Elected Officials, & Staff 4. Organizational Chart 5. All City Contact Sheet 6. Acronyms B. Laying the Foundation for Local Government 1. Wyoming Municipal Corporations a. State Statutes – Title 15, W.S. §15-1-103, General Powers of Governing Bodies b. State Statutes – Title 16, W.S. §16-4-101 to 16-4-125, Uniform Municipal Fiscal Procedures; Public Records, Documents, & Meetings c. Charter Ordinances 3. No. 3 – Establishing Budgetary Procedures 4. No. 5 – Enacting Provisions Concerning Election and Terms of Mayor & Councilmen d. Forms of Government e. Home Rule C. Professional Local Government Management/Administration 1. Charter Ordinance No. 2 – Appointment of Administrator & Duties 2. Charter Ordinance No. 6 – Amending Charter Ordinance No. 2 3. Charter Ordinance No. 7 – Amending Charter Ordinance No. 6 4. City Manager/Administrator Form of Government 5. City Administrator Position Specification 6. City Administrator Contract and Amendment 7. ICMA Declaration of Ideals 8. ICMA Code of Ethics ---PAGE BREAK--- Page 2 of 4 D. Roles and Responsibilities 1. You’re Elected, Now What? 2. Ethics & Conflict of Interest 3. Guidelines for Elected Officials of the City of Douglas 4. 10 Habits of Highly Effective Governing Bodies 5. Charter 13, Government Ethics 6. Title 15 15-1-127 and 15-1-128, Prohibitions, Conflicts of Interest, Exceptions E. Setting Goals 1. Strategic Planning 2. Costs of Community Services F. Conducting Effective Meetings 1. Wyoming Open Meetings Law 2. Effective Meeting Procedures & Techniques 3. Keeping Public Meetings on Track 4. Parliamentary Procedure Quick Reference & Decorum of Debate 5. Agenda Format 6. Consent Agenda Overview 7. Executive Session – Sample Motions 8. State Statutes – Title 16, W.S. §16-4-401 to 16-4-407, Public Meetings 9. City Council Recurring Meetings Schedule & Spreadsheet G. Communicating with the Public 1. Beyond the Public Hearing: Tools for Better Public Engagement 2. Advisory Boards & Commissions Descriptions 3. Board Member Listing 4. City of Douglas Website & Channel 61 H. Buildings and Grounds 1. City-owned Property 2. City-leased Property I. Legal/Judiciary Issues 1. City Attorney, Lewis Roca Rothgerber, LLP, Contract & Standard Terms of Engagement 2. Attorney Bios: a. Eric K. Nelson ---PAGE BREAK--- Page 3 of 4 b. Alaina Stedillie c. Additional Attorneys, John Masterson and Michael Sullivan 3. Prosecuting Attorney, Firm of Lindsey Daugherty, LLC 4. Attorney Bio/Resume. Lindsey Daugherty J. Administrative Services 1. Departmental Overview & Snapshot 2. Administrative Services Director Position Specification 3. Department Orientation: Payroll, Purchasing, Utility Billing, Audit, Human Resources 4. The World of Municipal Finance 5. Guidelines for Preparing a Municipal Budget 6. FY 2015 Budget Narrative 7. Budget Calendar and Amendment Process 8. Fund Reserve Policy 9. Statement of Investment Policy 10. Capital Improvement Plan K. City Clerk 1. Position Specification 2. Title 12, Chapter 4, Liquor – Local Licenses 3. Liquor License Inventory 4. Title 16, Chapter 4, Public Records 5. Cemetery General Information L. Community Development 1. Department Overview & Snapshot 2. Community Development Director Position Specification 3. Planning & Zoning 101 4. The Douglas Master Plan, Adopted 2014 5. Controlling & Abating Nuisances 6. Flood Plain/FEMA Information M. Public Safety 1. Department Overview & Snapshot 2. Chief of Police Job Description 3. Emergency Management & Disaster Planning a. Disaster Recovery – Telecommunications, City Government Offices b. Emergency Management Response Map: Evacuate N to S ---PAGE BREAK--- Page 4 of 4 c. Emergency Management Response Map: Evacuate E to W d. Emergency Management Response Map: Sectionalizing Valves e. Emergency Management Response Map: Staging Area 4. Fire Suppression Authority (FSA) a. FSA Agreement, FY 2015 b. FSA Bylaws N. Public Works and Utilities 1. Department Overview & Snapshot 2. Public Works Director Job Description 3. Vehicle Inventory O. City Engineering 1. CEPI (Civil Engineering Professionals, Inc.) Firm Resume 2. City Engineer Agreement & Contract Amendment 3. Douglas Landfill Engineering Firm, Inberg-Miller Engineers P. Advocacy, Resources 1. Role of Municipal Officials in Legislative Process 2. Wyoming Association of Municipalities (WAM) 3. National League of Cities (NLC) ---PAGE BREAK--- Page 1 of 4 Updated 11/24/2014 CITY OF DOUGLAS ORGANIZATIONAL SNAPSHOT The City of Douglas operates under a Mayor-Council form of government, with an appointed City Administrator. The Mayor presides at meetings of the City Council and is recognized as the head of city government for all ceremonial purposes. The Mayor and City Council establish objectives for the operation of the city and act as the policy-making body. The City Administrator is charged with implementing all laws, ordinances and policies as established by the City Council. The City Administrator is responsible for providing overall supervision for all city departments including Public Works and Utilities, Police, Fire Department, Community Development, and Administrative Services. Administrative Services Department This office carries out the day to day operation of the City's Finance and Human Resources and Benefit Plan, performs oversight of the city's risk management program and is responsible for grant administration for many capital improvement projects. This position also functions as the City Treasurer. City Clerk The City Clerk functions include applications for special licenses and permits, cemetery records, statutory clerk functions including attesting signatures, licensing all city vehicles; attending and preparing minutes of Council proceedings, administering oaths of office, enforcing ordinances relating to business and liquor licenses, maintaining permanent files for minutes, ordinances and resolutions. This position also serves as the Administrative Secretary for the City Administrator. Community Development Department The Community Development Department provides an array of services intended to encourage and promote safe, quality development and construction in the City of Douglas. Primary functions include growth policy planning, assisting citizens and developers in meeting the City's standards, codes and regulations, maintaining maps of the city and developing and maintaining a GIS system. Responsibilities include issuing permit and license applications; administering the Douglas Zoning, Annexation and Subdivision Ordinances and monitoring community development grants and projects. Building and Code Compliance - Responsibilities include issuing Building, Demolition and Right-of-Way Permits; and inspections related to the construction, repair remodeling, or demolition of buildings as well as ---PAGE BREAK--- Page 2 of 4 Updated 11/24/2014 inspections involving complaints regarding violations of nuisance and zoning ordinances. Police Department The Douglas Police Department is currently staffed with 17 sworn positions and is budgeted for 19 positions. Officers fall under the leadership of one Patrol Lieutenant, one Support Services Lieutenant, and three Patrol Sergeants. Officers of the Douglas Police Department are dedicated to the safety and well- being of the citizens of the community as well as upholding the laws of both the City and the State of Wyoming. The Douglas Police Department employs five full time dispatchers, a Records Clerk and a Support Services Sergeant. Dispatchers answer 911, as well as up to seven other telephone lines. They dispatch officers to calls, enter information in the Computer Aided Dispatch system, and dispatch the Converse County Ambulance. School Resource Officer Division The Douglas Police Department has two School Resource Officer positions – one in the High School and one in the Middle School. The School Resource Officers are also involved with the Crisis Response Teams for the schools. They provide training for school staff as well as coordinate disaster and emergency drills within the schools. They are also responsible for investigating criminal complaints involving students, staff, school visitors, and school property. Community Service Division The Community Service Officer provides Animal Control and other duties of a non-enforcement nature. Municipal Court Municipal Court handles all violations to City Code and is authorized to impose fines up to $750 per violation. The Records Clerk assists the Municipal Judge with the paperwork. Fire Department The Douglas Volunteer Fire Department has 45 Firefighters who work for the city and the county. The Fire Department handles all fire calls in the city, responds to accidents, and provides support services for the police department. Much of the department’s time is spent on training and maintaining equipment. Every firefighter has to be state certified at a basic rating of Firefighter One. Public Works The Public Works Department is the largest department in the City of Douglas. The Public Works Department is responsible for maintenance of city ---PAGE BREAK--- Page 3 of 4 Updated 11/24/2014 streets and alleys, equipment and vehicles, parks and open spaces, rights-of- way, and cemetery. Streets and Alleys This division repairs and maintains the over 70 miles of streets and over 32 miles of alleys within the city limits. Routine tasks include patching potholes, painting curbs, installing street signs, trimming trees, weed control, mowing of right-of ways, plowing snow and sanding. Shop The Shop is given the task of keeping all of the city's equipment from the smallest weed eater to the largest heavy equipment operational. The equipment they repair is involved in every aspect of city operations, from animal control to law enforcement to keeping the street, sewers and alleys in proper working order. Parks/Cemetery Divisions There are more than 180 acres of parks, cemeteries, and right-of-ways to maintain including planting trees and shrubs, mowing and trimming parks and cemeteries, maintaining six restroom complexes, and taking care of more than 170 acres of sprinkler coverage. Public Utilities Public Utilities operated by the City include the Water, Wastewater, Landfill and Sanitation Departments. Water and Wastewater employees perform preventive maintenance and repair of over 76 miles of water lines, more than 51 miles of sewer lines, 286-plus fire hydrants, a number of lift stations and booster stations. Water Treatment The City has three sources of water. The Little Boxelder Spring is a high- quality gravity-fed water source located 18 miles west of Douglas. This source produces up to 1.8 million gallons of water per day and meets the water demands of the community in the non-irrigation seasons of the year. The Sheep Mountain Well has a maximum capacity of 1.4 million gallons/day. This well came into service in the fall of 1994 and supplements the city water supply during the peak demand periods. A 2 million gallon per day Water Treatment Plant treats water from the North Platte River and is designed to operate only during irrigation season. The City has four water storage facilities; a three million gallon tank west of town, a two million gallon tank at the Cemetery, a one million gallon tank east of town and a 100,000 storage tank at the Sheep Mountain Well. ---PAGE BREAK--- Page 4 of 4 Updated 11/24/2014 Wastewater Treatment Plant The City’s wastewater treatment system consists of one anaerobic pre- treatment cell and three-cell complete mix aerated lagoon cells, with facilities also provided for the chlorination and de-chlorination of effluent prior to discharge into the North Platte River. Two 24” gravity interceptor lines and one 10” force main deliver the collected wastewater to the treatment site. Screw pumps elevate the wastewater into the first of the four treatment cells. The design capacity of the current system could serve a population of approximately 15,000. Customer Service Customer Service division includes the city’s two meter technicians. These employees perform valuable tasks for the Finance Department by reading 2500 meters each month in order to generate utility bills. Meter repairs and installation are performed by these employees as well. Landfill The landfill operates six days a week handling approximately 30 tons of garbage on a daily basis. The City’s composting operation and recycling program also operate at the landfill facility. The City is in the final construction phases of the Douglas Transfer Station, which will transfer all solid waste to the Casper Regional Landfill no later than June 30, 2015. The City is mandated to close it’s Landfill to all solid waste other than construction and demolition waste (C&D) by June 30, 2016. Sanitation The City has 2 one-man garbage trucks that operate 5 days a week, collecting approximately 3600 tons of debris annually. The City utilizes dumpster in alleys and for commercial collection, and utilizes rollouts in portions of the community which doesn’t have alleys. This process will undergo continued refinement as the Douglas Transfer Station begins operations. Changes will include an additional emphasis on recycling. ---PAGE BREAK--- WELCOME TO THE CITY OF DOUGLAS! We know Jack! ---PAGE BREAK--- City of Douglas Mayor & City Council City Administrator Administrative Services City Clerk Community Development Police Department Public Works & Utilities City Engineer IT Department Municipal Court Judge City Attorney Prosecuting Attorney ---PAGE BREAK--- Vision & Mission Statement: modified 1/31/2007 The Home of the Jackalope will continue to be one of the friendliest and Best Small Towns in America Our attractive community has a sense of pride, as sense of caring, and a sense of place. We focus on preserving the heritage of the past in an effort to crate an identity for the present and vision for the future. We are committed to preserving our small town values, fostering community pride in our western heritage and its inherent values and spirit of independence. We value to contribution of our citizens and recognize the importance of youth in shaping the present and the future of the Douglas community. We will provide a high quality of life for our citizens and will encourage community- oriented governance through partnerships with citizens, public and private organizations. We understand the value of investing in our community in order to create a diversified healthy economy and will encourage responsible, progressive development that will lead us into the future. ---PAGE BREAK--- Mayor and City Council The City of Douglas operates under a Mayor-Council form of government, with an appointed City Administrator. The Mayor presides at meetings of the City Council and is recognized as the head of city government for all ceremonial purposes. The Mayor and City Council establish objectives for the operation of the city and act as the policy-making body. This body plays a fundamental role in the direction the community takes from year to year. Left to Right: Councilman Leroy Kingery, Councilman John Bartling, Mayor Bruce A. Jones, Councilman Tony Reynolds, and Councilman Doug Olson ---PAGE BREAK--- City Administrator - Tony Tolstedt The City Administrator is charged with implementing all laws, ordinances and policies as established by the City Council. Through this office, citizens can get information on City Council issues, report a concern, or request information. The City Administrator is responsible for providing overall supervision for all city departments including Administrative Services, Community Development, Public Works and Utilities, Police, and Fire Department. Anthony “Tony” Tolstedt ---PAGE BREAK--- Our Municipal Court handles all violations to City Code and is authorized to impose fines up to $750 per violation. The Clerk of Court assists the Judge with the all paperwork and works closely with the City Attorney. MUNICIPAL COURT Municipal Judge, Robert McKee ---PAGE BREAK--- City Attorney Appointed by City Council, the City Attorney advises Council and Staff on a variety of legal issues; reviews materials submitted for review, and attends all City Council meetings and other meetings as necessary. Eric K. Nelson of Lewis Roca Rothgerber (LRR) of Casper, WY, has been appointed as the new City Attorney through 2015. Alaina Stedillie of LRR is the backup City Attorney. ---PAGE BREAK--- Prosecuting Attorney Also appointed by City Council, the Prosecuting Attorney deals with all the City’s prosecution issues through Municipal Court. This position works closely with both the Municipal Court Judge and the Clerk of Court, and assists city departments as necessary, particularly the Police and Planning Departments. In the instance that there is a conflict for the Prosecuting Attorney, the City Attorney will handle prosecution. Lindsey Daugherty of the Firm of Lindsey Daugherty LLC has been appointed as the City’s prosecuting attorney through 2015. ---PAGE BREAK--- City Engineer Appointed by the City Administrator, the City Engineer is responsible for the preparation of plans and specifications, approval of plans submitted by other engineers, review of all public improvement plans with city staff, surveying, and more. This position works closely with the City Administrator and Public Works, Planning, and Administrative Services Departments. Tom Brauer, CEPI, City Engineer ---PAGE BREAK--- City Hall,101 N. 4th Street, Douglas, WY ---PAGE BREAK--- Administrative Services Department City Administrator Tony Tolstedt City Clerk Karen Rimmer Admin Services Director/City Treasurer Mary Nicol Cashier/Receptionist Aimee Clark Accounting Clerk – Acct Payable/Payroll Pat Allis Accounting Clerk- Utility Billing/ Accts Receivable Heather Kahler Information & Technology Gary Schwarz ---PAGE BREAK--- Administrative Services Department The Administrative Services Department carries out the operation of the City's Human Resources and Benefit Plan, performs oversight of the city's risk management program and is responsible for grant administration for capital projects. The Finance Division supports all other departments by accounting for all City funds, processing and maintaining all financial records and performing payroll, accounts payable, utility billing and accounts receivable functions. This office is also responsible for inputting, reviewing and generating the annual budget document, as well as maintaining all fixed assets reports. ---PAGE BREAK--- Administrative Services Department/Finance All of this is done by Mary Nicol and her staff of three. Amie Clark, Cashier/Receptionist Mary Nicol, Admin Services Director & City Treasurer Pat Alliss, Accts. Payable Heather Kahler, Accts. Receivable ---PAGE BREAK--- City Clerk - Karen Rimmer The City Clerk functions include applications for special licenses and permits, cemetery records, statutory clerk functions including attesting signatures, licensing all city vehicles; attending and preparing minutes of Council proceedings, administering oaths of office, enforcing ordinances relating to liquor licenses, and maintaining permanent files for minutes, ordinances and resolutions. ---PAGE BREAK--- Information Technology Director – Gary Schwarz The IT Director is responsible for development and maintenance of the City’s communication and information systems, including all computer system hardware and software, applications, networks, Channel 61, and broadcasting of the live City Council and Planning & Zoning Commission meetings. Gary Schwarz ---PAGE BREAK--- Community Development Department The Community Development Department provides an array of services intended to encourage and promote safe, quality development and construction in the City of Douglas. Primary functions include assisting citizens and developers in meeting the City's standards, codes and regulations, and the implementation of the Master Plan. This department consists of a staff of five. ---PAGE BREAK--- Mission Statement - Community Development Department Our mission is to continuously improve the quality of life in the Douglas community. ---PAGE BREAK--- Value Statement We achieve our mission by: Learning from the past, living in the present, and looking to the future. Continually researching best planning and zoning practices. Fair and practical application of construction and municipal codes. Treating our customers as we would like to be treated. Looking for win - win resolutions. Delivering customer service commensurate with resources. Practicing the principles of honesty, integrity, fairness, equality, excellence, human dignity, and service. ---PAGE BREAK--- Community Development Director, Clara Chaffin This position supervises the day-to-day operations of the department. The Director consults with property owners, contractors, developers, and design professionals; implements and monitors long-term plans, goals and objectives focused on achieving the City's mission and Council priorities; and represents the City and the department in Planning & Zoning Commission and City Council meetings. The Director also advises on local and regional community development as well as environmental and infrastructure planning issues. ---PAGE BREAK--- Building Official – Steve McBride The Building Official is responsible for a variety of items, including verifying credentials of all building related contractors, enforcement of all provisions of the building codes of the City, review of all building plans for compliance, and performing inspections throughout the construction phase. ---PAGE BREAK--- Planning Technician – Sherri Mullinnix The Planning Technician assists with processing annexations, subdivisions, development plans and agreements, variances, conditional use permits, and special projects. The Planning Technician also issues contractor licenses and building permits, oversees project files, conducts research, prepares draft language for ordinance amendments, compiles statistical data, assists with floodplain issues and records, serves as secretary to the Planning & Zoning Commission, and is the liaison and technical assistant to the Douglas Historic Preservation Commission. ---PAGE BREAK--- Code Compliance – Ralph Hancock The Code Compliance Officer responds and conducts inspections involving complaints regarding violations of the nuisance and zoning ordinances. The Code Compliance Officer also assists with building inspections, plan reviews and record keeping, consults with contractors and property owners regarding construction and other city codes, and generally helps out anywhere in the department when things start getting backed up. ---PAGE BREAK--- Planner I The Planner I assists the director in all planning related items, by providing much of the research necessary to gain a complete understanding of the projects that are presented to the department for approval. The Planner I also writes staff reports for the Planning & Zoning Commission and City Council meetings, does site plan reviews, works with applicants, and sits in on development meetings. The Planner I keeps all mapping current and accurate for the city, and cooperates extensively with the county on providing GIS capabilities for the use of the City and the general public. This position is currently vacant. ---PAGE BREAK--- DOUGLAS POLICE DEPARTMENT Police Chief – Ron Casalenda Administrative Secretary – Annette Hilyard Lieutenant – Patrol – Todd Matthews Sergeants •Patrol Officers Lieutenant – Communications – Chad Holler Dispatchers Clerk of Municipal Court ---PAGE BREAK--- Mission Statement To ensure the highest level of public safety while protecting the rights and dignity of those we serve. Vision Statement We achieve our mission by: Remain dedicated to providing professional service by exemplifying honesty, integrity, compassion, leadership, professional competence, and respect for the public, to whom we are ultimately accountable. As members of the community we serve, we strive to build collaborative partnerships by actively engaging the community in problem solving to improve police services. Our team makes every effort to use the highest of professional standards, while making our community and visitors our highest priority through unbiased enforcement of the law. ---PAGE BREAK--- Chief of Police, Ron Casalenda ---PAGE BREAK--- Police Organizational Chart Chief of Police Ron Casalenda Lt. Todd Matthews Sgt. Russ Smith Officer Coates Vacant Officer Officer Hand Officer Leman Sgt. Matt Schmidt Part-time Officer Carr Officer Sanders Officer Ableman Officer Zwiebel Sgt. Brett Larsen Officer Toman Officer Hachtel Officer Meagher Part-time Officer Pananasuk Lt. Chad Holler SRO Dutcher Dispatcher Wagers SRO Kelley Dispatcher G. Plumb CSO Kass Dispatcher Miller RSVP Dispatcher J. Plumb Juvenile Diversion Dispatcher Vacant Records/Municipal Court Clerk Contract Disp Cathcart Contract Disp W. Dutcher Contract Disp Schwartzkopf Admin. Asst. Annette Hilyard Patrol Investigator ---PAGE BREAK--- Administrative Assistant – Annette Hilyard The police department is staffed with one full-time Administrative Assistant, who is in charge of payroll, department uniform and equipment inventory, purchasing, accounts payable, and all other related administrative duties. This position keeps the Police Department operating smoothly. Annette Hilyard ---PAGE BREAK--- Patrol Division The Douglas Police Department budgets for 18 sworn positions, plus a Chief of Police. Douglas Police Officers are required to be POST certified police officers through the Wyoming Law Enforcement Academy. Officers work rotating 12- hour watches and have rotating days off. Lt. Chad Holler Lt. Todd Matthews ---PAGE BREAK--- Officers fall under the leadership of three Patrol Sergeants and two Lieutenants, one with primary responsibility for patrol (Lt. Todd Matthews) and the other with primary responsibility for support services with secondary duties being responsible for patrol (Lt. Chad Holler). They are dedicated to the safety and well-being of the citizens of our community as well as upholding the laws of both the City and the State of Wyoming. Patrol Division - continued Sgt. Russ Smith Sgt. Brett Larsen Sgt. Matt Schmidt ---PAGE BREAK--- Communication Division (photos) The Douglas Police Department is currently budgeted for five full time Dispatchers and a Records Clerk. Douglas dispatchers are required to be POST certified and obtain their dispatch certification through the Wyoming Law Enforcement Academy. Dispatchers answer 911 calls in addition to seven other administrative telephone lines. They dispatch officers to calls, enter information in the Computer Aided Dispatch system, dispatch the Converse County Ambulance, and perform other duties. ---PAGE BREAK--- School Resource Officers SRO Rick Dutcher and SRO Bryan Kelley are currently serving all Douglas schools. They teach several classes in the schools., including drug use/awareness, “Teen Suicide Prevention”, “Street Law Elective”, and an anti-bullying program, and a host of classes for all grade levels. The SROs provides on-site law enforcement services, greatly reducing the calls for service to the ten schools that they serve throughout the District. Rick Dutcher Sgt. Bryan Kelley ---PAGE BREAK--- Community Service/Animal Control The Douglas Police Department is also staffed with one Community Service Officer whose primary responsibility is the management of animal control issues within the municipality. The CSO also completes VIN inspections, minor traffic control issues, and is the primary contact for parking violations, including expired registrations and illegal parking issues. ---PAGE BREAK--- Douglas Fire Department, Rick Andrews, Fire Chief The Douglas Volunteer Fire Department is one agency within the Countywide Fire Suppression Authority Joint Powers Board. It has 35 Firefighters who work for the city and the county. The Fire Department handles all fire calls in the city, responds to accidents, and provides support services for the city police department and ambulance crews. ---PAGE BREAK--- Public Works Department The Public Works Department is divided into nine smaller departments. Within these, all maintenance and operation takes place for the cities’ water and sewer collection and distribution, parks/sprinkler systems, streets/alleys systems, sanitation services, and the landfill, as well as maintenance of all of the cities’ equipment and vehicle fleet for all other departments. This is the largest department within the City of Douglas, and all enterprise-type activities are handled by Public Works staff. ---PAGE BREAK--- Public Works Director Les Newton The Public Works Department is the largest department in the City of Douglas. The Public Works Department is responsible for maintenance of city streets and alleys, parks and open spaces, rights-of-way, cemetery and maintenance shop. Public Utilities operated by the City include the Water, Wastewater, Landfill and Sanitation Departments. Administrative Secretary, Kaye Johnson Les Newton, PW Director ---PAGE BREAK--- Shop Supervisor - Ed Sullivan Ed has provided repair and maintenance work on all 125 city vehicles for over 42 years for the City of Douglas. He and his staff also work on City equipment, such as street sweepers, snow plows, mowers, etc. This division consists of a staff of three. Ed Sullivan ---PAGE BREAK--- Parks & Cemetery Supervisor – Brandon Frye In the Parks Department, there are more than 180 acres of parks, cemeteries, and right-of- ways to maintain including planting trees and shrubs, mowing and trimming parks and cemeteries, maintaining six restroom complexes, and taking care of more than 172 acres of sprinkler coverage. The Parks System includes a number of parks and playgrounds. This division consists of a staff of five. Brandon Frye ---PAGE BREAK--- Jackalope Square Jackalope Square at Bolln Memorial Park is .68 acres located in downtown Douglas and is the Home of the Jackalope. ---PAGE BREAK--- Washington Park Washington Park is 6.7 acres located at 603 Oak Street. It has picnic shelters, playground, public restroom and water park. ---PAGE BREAK--- Douglas Water Park The Water Park is located in Washington Park, and operation of the pool is per contract based upon a bidding process each year. The City provides the necessary funding that is not offset by user fees. The pool is generally open Memorial Day through State Fair and boasts two water slides. ---PAGE BREAK--- Riverside Park Riverside Park is 2.2 acres located adjacent to the North Platte River on West Yellowstone. It provides space for free overnight camping, public restroom and access to the river for fishing or floating. ---PAGE BREAK--- Bartling Park Bartling Park is 20.6 acres located south of East Richards on Jefferson Street. It has two softball fields, a skate park, tennis court, horseshoe pits, BMX track, public restroom and picnic areas. ---PAGE BREAK--- Keith Rider Park Keith Rider Park is 50.35 acres located north of West Yellowstone Highway on Riverbend Drive. It has picnic spots, walking paths, a “babbling brook”, tennis court and public restroom. ---PAGE BREAK--- Bike Path System Douglas has four miles of bike/pedestrian paths including a 3.5 mile stretch along the North Platte River and the Bob Williamson Picnic Area on West Richards. ---PAGE BREAK--- Railroad Interpretive Center & Blue Star Memorial Highway The Douglas Area Chamber of Commerce is housed in a restored Railroad passenger depot. The building is the former Fremont, Elkhorn and Missouri Valley Railroad depot, built in 1886. The site also boasts a seven train car display. The Blue Star Memorial Highway designation was received in 2012 thanks to the work of Douglas Olson, before he was elected to City Council, and many other citizens in our community. ---PAGE BREAK--- Douglas Park Cemetery Douglas Park Cemetery located at 9th and Ash was established in 1902, to replace the original "Pioneer Cemetery" which is located north of Douglas. The cemetery is a 40-acre site with about 11,000 plotted spaces with 6,029 total interments to date. Joe Hinckley, Cemetery Sexton ---PAGE BREAK--- Chief Water/Wastewater Treatment Plant Operator Josh Oberlander This department is responsible for operating and maintaining both the water and wastewater treatment plants and laboratory facilities. This division consists of a staff of three. Josh Oberlander ---PAGE BREAK--- Water The City has three sources of water:  Little Boxelder Spring  Sheep Mountain Well  North Platte River - Water Treatment Plant ---PAGE BREAK--- Little Boxelder Spring The Little Boxelder Spring (LBS) is a high-quality gravity-fed water source located 18 miles west of Douglas. This source produces up to 1.8 million gallons of water per day and meets the water demands of the community in the fall and winter. ---PAGE BREAK--- Sheep Mountain Well • Located approximately 5 miles southwest of Douglas • Draws water from the Casper Aquifer System. • 1100 foot deep well with a 1500 gallon per minute pumping capacity. • Operates during the April-Oct irrigation season. Google Earth map showing tank and pump facilities ---PAGE BREAK--- North Platte River/ Water Treatment Plant The Water Treatment Plant has a maximum capacity of 2 million gallon/day and operates during peak demand times in summer only. ---PAGE BREAK--- Water Tanks The City has four water storage facilities; a three million gallon tank west of town, a two million gallon tank at the Cemetery, a one million gallon tank east of town and a 100,000 storage tank at the Sheep Mountain Well. Cemetery Tank Orpha Tank ---PAGE BREAK--- Wastewater Treatment Facilities The City’s wastewater treatment system is a three-cell complete mix aerated lagoon, with facilities also provided for the chlorination and de-chlorination of effluent prior to discharge into the North Platte River. The design capacity could serve a population of approximately 15,000. Two 24” gravity interceptor lines and one 10” force main deliver the collected wastewater to the treatment site. Screw pumps elevate the wastewater into the first of the three treatment cells. ---PAGE BREAK--- Water/Wastewater Maintenance Supervisor, John Harbarger This departments basic responsibilities consist of preventive maintenance and repair of water distribution and wastewater collection systems; routine cleaning of sewer lines, installing and cleaning manholes; cleaning, servicing and maintaining chlorinator, booster station and lift stations on a daily basis. Workers also replace fire hydrants, curb stops, valve boxes, sewer and water main breaks. This division consists of staff of four. John Harbarger ---PAGE BREAK--- Customer Service Division – Meter Reading The Customer Service division includes the city’s two meter technicians. These employees perform valuable tasks for the Administrative Services Department by reading 2400 meters each month in order to generate utility bills. Meter repairs and installation are performed by these employees as well. ---PAGE BREAK--- Streets and Alleys Supervisor Steve Martinez This division repairs and maintains the 65 miles of streets and 32 miles of alleys - Patching potholes, painting curbs, installing street signs, trimming trees, weed control, mowing of right-of ways, plowing snow and sanding are all daily activities of this division. This division consists of a staff of five. Steve Martinez (Steve also supervises the Douglas Landfill, Douglas Transfer Station, and all Solid Municipal Waste) ---PAGE BREAK--- PW Annex Building In 2014, the City purchased the old WYDOT Shop facility to use for Streets & Alleys, including storage of large equipment and vehicles, Parks & Rec equipment and supplies, and salt/sand for winter road conditions. It also is used as base of operations for our IT Director and as a place for the PD to store evidence vehicles. Richards St. view 9th St. View ---PAGE BREAK--- Douglas Transfer Station and Landfill The landfill operates six days a week with a manned scale house for fee collection and monitoring of disposal. Approximately 30 tons of garbage is hauled into our landfill daily. This division consists of staff of three full time and two part time. Sandy Quick, Attendant Scale House Douglas Transfer Station as of October 2014 ---PAGE BREAK--- Sanitation This service provides efficient and timely collection of debris from the city’s residents and businesses. Two trucks operate 5 days a week, the first one starting at 4:00 AM and running till noon and the second from 7:00 AM to 4:00 PM. They collect approximately 4000 tons of debris annually. This division consists of a staff of two. ---PAGE BREAK--- Recycling The City has a number of satellite compost collection sites as well as general recycling for paper, glass and aluminum located on Clay Street. ---PAGE BREAK--- City of Douglas Organizational Chart 2012-2013 W City Administrator City Clerk/Admin. Sec. IT Director Mayor City Council Admin. Services Director/Treasurer Public Works Director Chief of Police Comm. Dev. Director Admin. Services Assistant Acctg. Clerk UB/AR Acctg. Clerk AP/PR Cashier/Rec. Part-time Building Official Planner I Planning Tech. Code Comp. Off. Part-time Admin. Ass’t. Patrol Off./ Investigator Lieutenant- Patrol Div. Lieutenant- Dispatch Div. Sergeant Patrol Officer (10) Dispatcher + on-call Comm. Service Officer School Resource Officer Records/Court Clerk RSVP Adm. Sec. Shop Supervisor Street/Alleys, Sanitation/Landfill Supervisor Utility Maintenance Supervisor Parks/Rec, Cemetery Supervisor Mechanic II Maintenance Worker II Maintenance Worker II Maintenance Worker II- Sanitation Maintenance Worker II- Landfill Landfill Operator Landfill Attendant- part-time Seasonal Workers Seasonal Workers Water/ Wastewater Plant Supr. WTP/WWTP Operator Utility Maint. Worker Meter Tech. Seasonal Worker Sexton Secretary/ Deputy Clerk (part-time) ---PAGE BREAK--- MAYOR/COUNCIL/MANAGEMENT TEAM MAYOR Bruce Jones 359-2033 (Cell) 1242 Frontier Dr. 358-7321 (Office) [EMAIL REDACTED] Councilman Tony Reynolds 358-3075 (Home) 339 N. 4th St. 359-0182 (Cell) [EMAIL REDACTED] Councilman Leroy Kingery 358-6646 (Home) 1284 Sweetwater Ct. 351-2348 Cell) [EMAIL REDACTED] Councilman Douglas Olson 358-6595 (Home) 523 S 5th 359-9142(Cell) [EMAIL REDACTED] Councilman John Bartling [PHONE REDACTED] (Cell) 1309 Casper Court [EMAIL REDACTED] City Administrator Tony Tolstedt 358-3462 (Office) 1064 Riverbend Drive 359-8452 (Cell) [EMAIL REDACTED] City Clerk Karen Rimmer 358-3462 (Office) 305 N. 6th Street 359-8158 (Cell) [EMAIL REDACTED] Administrative Services Dir. & Mary Nicol 358-3462 (Office) City Treasurer 621 E. Antelope Rd. 3518-6807 (Home) [EMAIL REDACTED] 351-9453 (Cell) Community Development Director Clara Chaffin 358-2132 (Office) [EMAIL REDACTED] 359-8796 (Cell) Chief of Police Ron Casalenda 358-3311 (Office) P.O. Box 1302 358-4268 (Home [EMAIL REDACTED] 351-1857 (Cell) Public Works Dir. Les Newton 358-9750 (Office) 1942 Park Court 351-9593 (Cell) [EMAIL REDACTED] Fire Chief Rick Andrews 358-4275 (Amb.) 631 S. Grant St. 358-2155 (Fire) 358-2334 (Work) 358-6701 (Home) [EMAIL REDACTED] 358-2474 (Fax) ---PAGE BREAK--- IT Director Gary Schwarz 358-9750 (Office) 359-0284 (Cell) City Attorney Vacant as of January 1, 2015 City Engineer Tom Brauer, CEPI [PHONE REDACTED] (Office) 1680 Prosperity Drive [PHONE REDACTED] (Cell) Casper, WY 82609 [EMAIL REDACTED] Updated November 24, 2014 ---PAGE BREAK--- Sometimes it can be daunting to sit at a meeting and listen to all the acronyms being tossed around. With help from municipal officials and staff around the state, we’ve compiled the following to help you navigate through some of the meetings you’ll attend. We hope you find this helpful and welcome any new suggestions. A & I Administration and Information AASHTO American Association Of State Highway & Transportation Officials AML Abandoned Mine Lands APWA American Public Works Association ARMA Association of Records Managers and Administrators ASDWA Association of State Drinking Water Administrators BANANA Build Absolutely Nothing Anywhere Near Anything BJA Bureau of Justice Association BLM Bureau Of Land Management BRA Budget Reserve Account CBDG Community Building Development Grant CDBG Community Development Block Grant COLA Cost of Living Adjustment CREG Consensus Revenue Estimating Group CWA Clean Water Act DEQ Department of Environmental Quality DFS Department of Family Services DOC Department Of Corrections DOJ Department of Justice DOT Department Of Transportation (Federal) Drinking Water State Revolving Fund EPA Environmental Protection Agency FAA Federal Airport Administration FEMA Federal Emergency Management Association FERC Federal Energy Regulatory Commission FHA Federal Homeowners Association FHWA Federal Highway Administration FTA Federal Transportation Agency FTC Federal Trade Commission GASB34 Government Accounting Standards Board, Statement No. 34 GFOA Government Finance Officers Association HEDA High Enforcement Drug Act HUD Housing And Urban Development ICMA International City/County Managers Association IENR Institute of Environment and Natural Resources IIMC International Institute Municipal Clerks LGLP Local Government Liability Pool LIEAP Low Income Energy Assistant Program LIHEAP Low Income Housing and Energy Assistance Program LSO Legislative Service Office LULU Locally Unacceptable Land Use MHI Median Household Income NIMBY Not In My Back Yard NIMTO Not In My Term Of Office NLC National League Of Cities NRWA National Rural Water Association OGWDW Office Of Ground Water/Drinking Water (EPA) O & M Operations and Maintenance Permanent Mineral Royalty Trust Fund PMS Pavement Management System ---PAGE BREAK--- PSC Public Service Commission PSMC Public Safety Mobile Communications PSWN Public Safety Wireless Network REA Rural Electric Association RUS Rural Utility Service SDWA Safe Drinking Water Act SHRM Society for Human Resource Management SLIB State Land Investment Board SRO School Resource Officer TANF Temporary Assistance to Needy Families TEAL Transportation Enhancement Activity-Local UBC Uniform Building Code USBR United States Bureau Of Reclamation USEPA US Environmental Protection Agency USFS United States Forest Service WAACO WY Association of Animal Control Officers WAC Wyoming Arts Council WALGA WY Association of Local Government Attorneys WAM WY Association of Municipalities WAMCAT WY Association of Municipal Clerks/ Treasurers wamhr.net WAM Human Resources Group WAM-JPIC WY Association of Municipal Joint Powers Insurance Coverage (Health) WARWS WY Association of Rural Water Systems WBC Wyoming Business Council WCBO WY Conference of Building Officials WCCA WY County Commissioners Association WCDA WY Community Development Authority WCG Wyoming Community Gas WEA Wyoming Education Association WEMA WY Emergency Management Association WGIF Wyoming Government Investment Fund WMPA Wyoming Municipal Power Agency WPC Wyoming Preservation Coalition WRDC WY Rural Development Council WRPA WY Recreation & Parks Association WRS Wyoming Retirement System WWDC WY Water Development Commission WWQ & PCA Wyoming Water Quality & Pollution Control Association WYDOT Wyoming Department Of Transportation WYOSTAR Wyoming State Treasurers Asset Reserve ---PAGE BREAK--- WYOMING ACRONYMS APA American Planning Association APWA American Public Works Association ASCE American Society of Civil Engineers CANDO Converse Area New Development Organization Converse County Tourism Promotion Board CDBG Community Development Block Grant CEP Continuing Education Program CEPI Civil Engineering Professionals, Inc. CLG Certified Local Government DEQ Department of Environmental Quality EDA Economic Development Administration FAU Federal Aid to Urban Systems FEMA Federal Emergency Management Agency GASB-34 Governmental Accounting Standards Board GOSCMA Great Open Spaces City Management Association ICBO International Conference of Building Officials ICC International Code Council ICMA International City/County Management Association LGLP Local Government Liability Pool LTS Leadership Training Services NFIP National Flood Insurance Program NLC National League of Cities PFD Promotions for Douglas PSC Public Service Commission RUS Rural Utility Service SHOP State Historic Preservation office SLIB State land Investment Board TANF Temporary Assistance for Needy Families TEAL Transportation Enhancement Activities – Local USDA United States Department of Agriculture WAM Wyoming Association of Municipalities WAMCAT Wyoming Association of Municipal Clerks and Treasurers WBC Wyoming Business Council WCBO Wyoming Conference of Building officials WCFRED Wyoming Counties for Responsible Energy Development WCG Wyoming Community Gas WEMA Wyoming Emergency Management Agency WLEA Wyoming Law Enforcement Academy WPOA Wyoming Peace officers Association WRICOPS Western Regional Institute for Community Oriented Public Safety WWDC Wyoming Water Development Commission WWQ PCA Wyoming Water Quality and Pollution Control Association WYDOT Wyoming Department of Transportation ---PAGE BREAK--- Page 1 of 12 Title 15, in part: 15-1-103. General powers of governing bodies. The governing bodies of all cities and towns may: Sue and be sued; (ii) Have and use a common seal; (iii) Purchase and hold real and personal property for their use including real estate sold for taxes; (iv) Sell, convey and lease any estate owned and make any orders respecting it deemed to be in their best interest; Perform all acts in relation to the property and concerns of the city or town necessary to the exercise of its corporate powers; (vi) Receive bequests, gifts and donations of all kinds of property in fee simple, or in trust for public, charitable or other purposes and do all things necessary to carry out their intended purpose; (vii) Control the finances of the corporation, including providing by ordinance for: The preparation, maintenance and retention of required records and accounts; Any required reports to the director of the state department of audit's office; and If deemed necessary the preparation of independent audits of the financial condition of the city or town, which shall be conducted by a certified public accountant or a public accountant who has been in the practice of public accounting for a period of five years as a principal. (viii) Appropriate money by ordinance only and pay all necessary expenses, including supplies, salaries of employees and debts; (ix) Levy and collect special assessments against persons or property to the extent allowed by the constitution and the law; ---PAGE BREAK--- Page 2 of 12 Borrow money on the credit of the corporation for corporate purposes as allowed by the constitution and the laws and issue warrants and bonds therefor in such amounts and forms and on such conditions as they determine; (xi) Take all necessary action to plan, construct or otherwise improve, modify, repair, maintain and regulate the use of streets, including the regulation of any structures thereunder, alleys, any bridges, parks, public grounds, cemeteries and sidewalks; (xii) In the manner provided in W.S. 15-7-301 through 15-7-305 vacate from public use any property acquired or held for park purposes, if: Repealed by Laws 1984, ch. 15, § 2. Repealed by Laws 1984, ch. 15, § 2. Repealed by Laws 1984, ch. 15, § 2. The city or town has held title to the property for more than ten (10) years and no substantial use has been made thereof for park purposes; or The property will be used for public school or public educational purposes after the vacation. (xiii) License, tax and regulate any business whatsoever conducted or trafficked in within the limits of the city or town for the purpose of raising revenue, and any license taxes imposed shall be uniform in respect to the class of business upon which imposed; (xiv) Regulate or prohibit the running at large within the city limits of any animals, impose a license fee for the keeping or harboring of dogs and establish and provide for the operation of a pound; (xv) Regulate, license, tax or prohibit saloons and shooting galleries or places; (xvi) Suppress or prohibit: ---PAGE BREAK--- Page 3 of 12 All gambling games or devices except antique gambling devices as defined in W.S. 6-7-101(a)(x) and authorize the destruction thereof; Houses of prostitution and other disorderly houses and punish the keeper thereof and persons resorting thereto; and Other disorderly and vicious practices or conduct. (xvii) Restrain and punish vagrants, mendicants and prostitutes; (xviii) Regulate, prevent or suppress riots, disturbances, disorderly assemblies or parades, or any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place; (xix) Declare and abate nuisances and impose fines upon parties who create, continue or permit nuisances to exist; (xx) Compel the attendance of witnesses for the investigation of matters before it and the presiding officer may administer the requisite oaths; (xxi) Purchase, lease or rent land within or without the corporate limits for the deposit of refuse matter, govern the use of the land and make reasonable rules and requirements for hauling refuse; (xxii) Establish and regulate parks, zoological gardens and recreation areas within the city limits and upon land owned, leased or controlled outside of the city limits provided: The municipal court of the city or town has jurisdiction to punish any violator of the ordinances of the city or town governing those areas; The state game and fish commission is authorized to furnish to any city or town any game or animals requested, and the city or town shall pay the necessary expenses. (xxiii) Provide for the organization, support and equipping of a fire department and: Prescribe rules, regulations and penalties for governing the department; ---PAGE BREAK--- Page 4 of 12 Establish regulations for the prevention of and extinguishing of fires; Make cooperative agreements or execute contracts for fire protection in accordance with W.S. 15-1-121. (xxiv) Prevent the dangerous construction and condition of chimneys, fireplaces and any other heating appliance or apparatus used in and about dwellings, factories and other buildings, and cause any such dangerous condition or appliance to be removed or replaced in a safe condition, regulate and prevent the carrying on of manufacturing likely to cause fires and prevent the deposit of ashes in unsafe places; (xxv) Prescribe the thickness, strength and manner of constructing any buildings and the construction of fire escapes therein, and provide for their inspection; (xxvi) Provide for the repair, removal or destruction of any dangerous building or enclosure; (xxvii) Define fire limits and prescribe limits within which no building may be constructed except of brick, stone, or other incombustible material, without permission and cause the destruction or removal of any building constructed or repaired in violation of any ordinance; (xxviii) Regulate or prevent the storage, use and transportation of any combustible or explosive material within the corporate limits or within a given distance thereof; (xxix) Appoint a board of health and prescribe its powers and duties and: Establish quarantine ordinances; Own and regulate convalescent homes, rest homes and hospitals; Contract for treatment and preventive services for the mentally ill, substance abuser and developmentally disabled as provided in W.S. 35-1-611 through 35-1-628. (xxx) Divide the city or town into suitable districts for establishing a system of drainage including surface water drainage, sanitary sewers and water mains and: ---PAGE BREAK--- Page 5 of 12 Provide and regulate the construction, repair and use of sewers and drains; Provide penalties for violations of regulations; Assess against the property concerned any penalty or costs and expenses in compliance with regulations. (xxxi) Take any action to establish, alter and regulate as deemed necessary the channels of streams, water courses and any other public water sources or supplies within the city; (xxxii) Establish, maintain and in a manner the governing body determines provide for the housing of public libraries and reading rooms and in connection therewith or separately public museums and: Purchase books and other appropriate material; Purchase and receive as gifts or on loan any books, pictures, articles or artifacts relating to the history, resources and development of the United States and its parts and lands; Place a museum temporarily in charge of donors; and Receive donations and bequests for the museum, in trust or otherwise, and make contracts and regulations for the care, protection and government thereof. (xxxiii) Grant franchises for such terms as the governing body deems proper to any utility company, provided no franchise may be entered into with any person in which that person is given an exclusive right for any purpose whatsoever and: Grant to any franchisee utility company the privilege to install and maintain necessary installations under or over any streets, alleys or avenues; Contract for a specified time period with any franchisee electric light or gas company for the necessary energy and service for the lighting of streets, public buildings or other requirements of the city or town; Upon renewal or initial grant or renewal after condemnation of a franchise, may provide in the franchise that the franchisee shall furnish a gas distribution system through ---PAGE BREAK--- Page 6 of 12 which any supplier, including the franchisee, may sell and distribute natural gas as provided by subsection of this section, to any person served by the distribution system, provided that before any city or town implements this subparagraph, the question of whether or not to do so shall be submitted to and approved by a majority of the electors of the city or town voting on the question at a one-time election called for that purpose. (xxxiv) Establish and regulate a police department, pass ordinances relating to the department and adopt job descriptions for all department personnel; (xxxv) Exercise the power of eminent domain and take property for public use within and without the city limits for any necessary or authorized public purpose as defined by W.S. 1-26-801(c); (xxxvi) Require all buildings to be numbered by the owners, lessees, occupants or agents and in case of failure to comply with such requirements, cause the numbering to be done and assess the costs against the property or premises numbered; (xxxvii) In addition to the appointed officers and employees provided by law, establish other positions as are necessary for the efficient operation of the city or town and: Prescribe duties and rules of all appointees; Determine working conditions or pay scales and supplementary benefits, as long as those provisions are not in conflict with existing statutes; During an emergency or special conditions warranting, make additional temporary appointments; Specify by ordinance that if any person is removed from office for incompetency, neglect of duty or otherwise for cause, the charges against that person shall be specified and the person removed shall be provided an opportunity for a hearing on the charges under procedures established in the ordinance; Make the cause of removal a matter of record. ---PAGE BREAK--- Page 7 of 12 (xxxviii) Cause compilations, codifications and comprehensive revisions to be made of all ordinances in force and provide for their distribution, sale and exchange; (xxxix) Lease lands owned or possessed outside the corporate limits which contain caves, caverns, or other natural formations to any person for the development and use of the natural formations on terms and conditions approved by the governing body; (xl) With written permission of the landowner or governmental agency involved, reclaim for beneficial use substandard lands by filling excavations and other depressions with refuse from the cities and towns, provided the deposit of refuse and the reclamation of the lands shall be done in a manner approved by the landowner, adjoining landowners and in accordance with any applicable laws or ordinances; (xli) Adopt ordinances, resolutions and regulations, including regulations not in conflict with this act and necessary for the health, safety and welfare of the city or town, necessary to give effect to the powers conferred by this act and, except as provided by paragraph (xlvi) of this subsection, enforce all ordinances by imposing fines not exceeding seven hundred fifty dollars ($750.00), or imprisonment not exceeding six months, or both. The governing body of a city or town may by ordinance impose a term of probation for battery which may exceed the maximum term of imprisonment established for the offense provided the term of probation, together with any extension thereof, shall in no case exceed one year; (xlii) Subject to subsection of this section, take any action necessary to acquire any needed or useful property, or to construct, maintain, repair or replace any lawful improvement, development, project or other activity of any kind, or to participate, join or cooperate with other governments or political subdivisions, or departments or agencies thereof, for which funds may be borrowed from, granted or made available in whole or in part, on a matching basis or otherwise, by the United States of America or the state of Wyoming, or any subdivision, department or agency of either; (xliii) License and regulate pawnbrokers and junk or secondhand dealers and provide for the examination of premises and business property of such persons pursuant to law for the purpose of discovering stolen property; ---PAGE BREAK--- Page 8 of 12 (xliv) Take into custody abandoned, or junk motor vehicles and parts or remains thereof which are nuisances and are on public property or on public streets, alleys and ways and: Remove and store the vehicles or parts at the expense of the owner; Permit redemption of the vehicles or parts; If not redeemed after giving public notice sell the vehicles or parts without warranty; Pay expenses from the sale; and After lapse of a reasonable length of time, deposit unclaimed proceeds from the sale of vehicles or parts into the general fund of the municipality. (xlv) Contract with nonprofit corporations, hospitals and clinics to provide human services for persons within its jurisdiction; (xlvi) Adopt ordinances establishing pretreatment standards and requirements for municipal waste water collection systems and provide for enforcement of the standards and requirements through: Injunctive relief; and The assessment against industrial users of civil or criminal penalties for violations of, or noncompliance with, the pretreatment standards and requirements, provided the civil penalty shall not be less than one thousand dollars ($1,000.00) and shall not exceed ten thousand dollars ($10,000.00) a day for each day of violation. The proceeds of any civil penalty imposed by a district court under any ordinance adopted pursuant to this paragraph shall be deposited in the general fund of the city or town. (xlvii) By ordinance, prohibit or authorize and regulate the operation of golf carts as defined under W.S. 31-5-102(a)(lxi) on public streets and roadways within the corporate boundaries of the city or town; (xlviii) Repealed By Laws 1999, ch. 22, § 2. ---PAGE BREAK--- Page 9 of 12 (xlix) Unless specifically prohibited by statute, accept negotiable paper in payment of any tax, assessment, license, permit, fee, fine or other money owing to the city or town or collectible by the city or town on behalf of the state or other unit of government, or in payment of any bail deposit or other trust deposit. As used in this paragraph, negotiable paper means money orders, paper arising from the use of a lender credit card as defined in W.S. 40-14-140(a)(ix), checks and drafts, including, without limitation, sales drafts and checks and drafts signed by a holder of a lender credit card issued by a bank maintaining a revolving loan account as defined in W.S. 40-14-308, for lender credit card holders. The acceptance of negotiable paper by the governing body under this subsection shall be in accordance with and subject to the same terms and conditions provided by W.S. 18-3-505. Any fees assessed for processing a credit card payment may be borne by the governing body of the city or town or person tendering payment. Any fees assessed for processing a credit card payment collected on behalf of the state shall be borne by the governing body of the city or town or person tendering payment and not by the state; Appoint special municipal officers, who are not certified as peace officers, to issue citations to individuals for the limited purpose of enforcing ordinances, resolutions and regulations in the areas of animal control, parking and municipal code enforcement. Special municipal officers are not law enforcement officers: For purposes of employee benefits provided in title 9 of Wyoming statutes; Are not peace officers for purposes of title 6 or title 7 of Wyoming statutes; Are not peace officers for purposes of W.S. 1-39-112; Shall not be required to carry a firearm; Shall not have the power of arrest; Shall not be issued a peace officer's badge; and Shall not represent themselves to be peace officers. ---PAGE BREAK--- Page 10 of 12 Any franchise granted pursuant to subparagraph (a)(xxxiii)(C) of this section is subject to the following: The franchise agreement shall specify who is responsible for deliverability; (ii) The distribution system shall continue to be a public utility whose charges are regulated by the public service commission. The charges shall reflect the reasonable nongas costs subject to management audit as the public service commission deems necessary plus a reasonable return on investment; (iii) Any city or town or its authorized representative shall act as an agent for any person served by the system in negotiating terms and conditions for the supply of natural gas to that person, and the franchisee distribution system shall accept for delivery to any person served by the system, natural gas from any supplier; (iv) The public service commission shall designate a place or places in the vicinity of the distribution system for the acceptance of natural gas not supplied by franchisee; The public service commission shall adopt and enforce minimum quality standards for all gas delivered to the distribution system. These standards shall reflect the practices of the operators of the distribution system unless good cause is shown for different standards. The standards shall be designed to facilitate the commingling of gas from different suppliers; (vi) As soon as there are at least two suppliers offering natural gas to all customers served by the franchisee and as soon as the additional supplier or suppliers are capable of delivering gas in at least one-third (1/3) of the volume required by the entire distribution system provided that the public service commission finds that the suppliers own or control, and have committed to guaranteed delivery, reserves of natural gas sufficient to supply ten (10) years of demand at that level, then all persons supplying gas shall have the authority to set their own prices. The proposed supplier has the burden of proving adequate reserves and deliverability. The Wyoming oil and gas commission shall report to the public service commission on the adequacy and deliverability when a utility gas supply is proposed to be displaced under this act; ---PAGE BREAK--- Page 11 of 12 (vii) Subject to the availability of pipeline capacity and the requirements of federal law and regulations the public service commission may, after notice and hearing if necessary, designate any point in the state on a gas pipeline operated for the purpose of delivering gas to the distribution system or its parent or subsidiary company as a point for receipt of gas to the system and regulate the charges for shipping gas from that point to the system. If a pipeline has insufficient capacity the public service commission consistent with W.S. 30-5-125 may require it to accept gas that has a lower price to the consumer in preference to higher price gas. The public service commission may impose any conditions or requirements pursuant to this subsection that are necessary to protect the public health, safety and welfare, to ensure the efficient operation of the natural gas distribution and supply system and to ensure the lowest possible price to retail customers, including but not limited to proper assignment of costs of connecting suppliers to the system; (viii) When a city renews or grants a franchise for the supply of natural gas under subparagraph (a)(xxxiii)(C) of this section, the public service commission may require that the distribution of gas in surrounding unincorporated areas also be made subject to the terms of the same franchise; (ix) If a distribution system has only one supplier of natural gas all prices charged in that franchise are subject to W.S. 37-2-121 and 37-2-122; All suppliers of gas to the distribution system shall annually report to the public service commission the annual consumption of natural gas by their customers of record at the date of the report and their natural gas reserves. If their natural gas reserves are less than a five year supply, the public service commission may forbid any supplier from serving new customers until the reserves are equal to a five year supply for all customers; (xi) Any supplier entering the system under this subsection is liable for injuries, damages or other losses to the extent to which the injuries, damages or other losses are proximately caused by the supplier's operations within the system and are due to failure of the supplier to exercise that standard of care which a reasonable, prudent person would exercise under the same or similar circumstances to avoid an undue risk of harm or are due to the supplier's failure to deliver contracted amounts of natural gas. ---PAGE BREAK--- Page 12 of 12 Any provision in a gas purchase contract which contains or creates an indefinite escalator clause, otherwise known as a "favored nation treaty" provision, is contrary to the public policy of the state and is void and unenforceable if: The contract is to sell gas to the holders of a municipality franchise which supplies retail customers in the state; (ii) The contract provides for the sale in the state of gas produced within the state; (iii) The contract gas price is in excess of the general market price which would otherwise exist in the absence of the indefinite escalator clause; and (iv) The higher price resulting from the application of the escalator clause is not required by any enforceable provision of statutes or regulations enacted or adopted pursuant to the Natural Gas Policy Act of 1978 or other appropriate statutes and regulations of the United States. Before the governing body of a city or town enters into an agreement to borrow money from the United States of America or from the state of Wyoming, or from any subdivision, agency or department of either, to fund a public improvement project to be repaid solely from revenues generated by the enterprise with which the financed project is associated, the proposal to enter into the loan agreement shall be submitted to and approved by the electors of the city or town in the same manner and pursuant to the same procedures as provided for bond issues under the Political Subdivision Bond Election Law, if the total amount to be borrowed for the project exceeds the greater of: Five million dollars ($5,000,000.00); or (ii) An amount calculated by multiplying the number of individuals to be served by the proposed public improvement project times one thousand two hundred dollars ($1,200.00). ---PAGE BREAK--- Page 1 of 14 CHAPTER 4 UNIFORM MUNICIPAL FISCAL PROCEDURES; PUBLIC RECORDS, DOCUMENTS AND MEETINGS ARTICLE 1 UNIFORM MUNICIPAL FISCAL PROCEDURES 16-4-101. Short title. This act shall be known and may be cited as the "Uniform Municipal Fiscal Procedures Act". 16-4-102. Definitions. As used in this act: "AICPA" means the American Institute of Certified Public Accountants; (ii) "Appropriation" means an allocation of money to be expended for a specific purpose; (iii) "Budget" means a plan of financial operations for a fiscal year or two fiscal years, embodying estimates of all proposed expenditures for given purposes, the proposed means of financing them and what the work or service is to accomplish. "Budget" includes the budget of each fund for which a budget is required by law and the collective budgets for all the funds based upon the functions, activities and projects; (iv) "Budget officer" means any official appointed by the governing body of a municipality and the county clerk in the case of counties; "Budget year" means the fiscal year or years for which a budget is prepared; (vi) "Current year" means the fiscal year in which a budget is prepared and adopted for the ensuing budget year; (vii) "Department" means a functional unit within a fund which carries on a specific activity, such as a police department within a city general fund, the office of an elected county official or a major program category such as "instruction" in a school district fund; ---PAGE BREAK--- Page 2 of 14 (viii) "Estimated revenue" means the amount of revenues estimated to be received during the budget year in each fund; (ix) "Financial and compliance audit" means the determination in accordance with generally accepted auditing standards: Whether financial operations are properly conducted; Whether the financial reports of an audited entity are presented fairly; and Whether the entity has complied with applicable laws and regulations. "Fiscal year" means the annual period for recording fiscal operations beginning July 1 and ending June 30; (xi) "Fund balance" means the excess of the assets over liabilities, reserves and contributions, as reflected by a municipality's books of account; (xii) "Fund deficit" means the excess of liabilities, reserves and contributions over fund assets, as reflected by a municipality's books of account; (xiii) "Independent auditors" means independent public accountants who have no personal interest in the financial affairs of the entity or in affairs of the officers of the entity being audited and who audit under the standards promulgated by the AICPA for state and local governments; (xiv) "Municipality" means: All incorporated first class cities, towns having a population in excess of four thousand (4,000) inhabitants and all towns operating under the city manager form of government; Counties; School districts; Community colleges. ---PAGE BREAK--- Page 3 of 14 (xv) "Proposed budget" means the budget presented for public hearing as required by W.S. 16-4-109 and formatted as required by W.S. 16-4-104(b); (xvi) "Requested budget" means a budget presented by the budget officer to the governing body on or before May 15; (xvii) "Unanticipated income" means income which is received during the budget year which could not reasonably have been expected to be available during the current budget year; (xviii) "Unappropriated surplus" means the portion of the fund balance of a budgetary fund which has not been appropriated or reserved in an ensuing budget year; (xix) "Uniform chart of accounts" means the chart of accounts designed for municipalities which have been approved by the director of the state department of audit; (xx) "This act" means W.S. 16-4-101 through 16-4-124. 16-4-103. Budget requirements. Municipal budgets are required each fiscal year or every other year as provided for in W.S. 16-4-104(h) for all expenditures and funds of the municipalities. Intragovernmental and enterprise fund municipal budgets are required for adequate management control and for public information including financial statements of condition, work programs and any other costs as the municipal governing body may request. These fund accounts shall not be deemed to have spent amounts in excess of those budgeted when the funds available from all sources are sufficient to cover the additional operating expenditures which have been approved by the governing bodies. Repealed By Laws 2000, Ch. 7, § 1. 16-4-104. Preparation of budgets; contents; review; subsequent authorized projects. All departments shall submit budget requests to the appropriate budget officer on or before May 1, except as provided for in subsection of this section. On or before May 15, the budget officer shall prepare a requested budget for each fund and file the requested budget with the governing body, ---PAGE BREAK--- Page 4 of 14 except as provided for in subsection of this section. The requested budget shall be prepared to best serve the municipality and county budget officers shall include all departmental requests. The governing body may amend the requested budget and the requested budget as amended shall be the budget proposed for adoption. The appropriate budget officer shall prepare a proposed budget for each fund and file the proposed budget with the governing body in a timely fashion allowing the governing body to meet the hearing date and notice requirements established by W.S. 16-4-109. The format of the proposed budget shall be prepared to best serve the municipality except that the budget formats for community colleges shall be uniform and approved by the community college commission and the director of the state department of audit. The proposed budget shall set forth: Actual revenues and expenditures in the last completed budget year; (ii) Estimated total revenues and expenditures for the current budget year; (iii) The estimated available revenues and expenditures for the ensuing budget year. Each proposed and adopted budget shall contain the estimates of expenditures and revenues developed by the budget officer together with specific work programs and other supportive data as the governing body requests. The estimates of revenues shall contain estimates of all anticipated revenues from any source whatsoever including any revenues from state distribution of taxes including sales and use tax including any local optional sales and use tax, lodging tax, fuel tax, cigarette tax and severance tax, federal mineral royalties from the state, any mineral royalty grants from the state loan and investment board, and any local sources including business permits and building permits. The estimates shall be made according to budget year, including the difference from the previous budget year for each source. Each proposed and adopted budget shall be accompanied by a budget message in explanation of the budget. The budget message shall contain an outline of the proposed financial policies for the budget year and describe in connection therewith the important features of the budgetary plan. It shall also state the reasons for changes from the previous year in ---PAGE BREAK--- Page 5 of 14 appropriation and revenue items and explain any major changes in financial policy. The proposed budget shall be reviewed and considered by the governing body in a regular or special meeting called for this purpose. Following a public hearing as provided in W.S. 16-4-109, the governing body shall adopt a budget. This act does not prevent the municipality from undertaking any project authorized by vote of the people after adoption of the budget. Repealed By Laws 2009, Ch. 90, § 3. Any incorporated city or town may employ a two year budget cycle and adopt a two year budget under the following conditions: The two year period shall begin with the city's or town's first fiscal year following a budget session of the legislature; (ii) For the second year of the budget cycle, the budget officer shall prepare a budget adjustment that includes the original budget and any proposed changes in revenues and expenditures. The governing body shall consider and adopt the second year budget adjustment according to the same procedure that was used for the original two year budget, including all public notices and hearings; (iii) The city or town shall comply with all other provisions of this act. The requirements of this act may be performed on a biennial basis pursuant to this subsection unless this act specifies that the requirement be performed on a fiscal year or annual basis and the provision in which the requirement appears does not reference this subsection. Any other provision of law imposing reporting or other requirements upon a city or town on an annual or fiscal year basis shall not be affected by the adoption of a biennial year budget pursuant to this subsection unless the provision in which the requirement appears references this subsection. Repealed by Laws 2008, Ch. 44, § 2. 16-4-105. Accumulated retained earnings or fund surplus; capital improvements reserve. ---PAGE BREAK--- Page 6 of 14 A municipality may accumulate retained earnings in any enterprise or intragovernmental service fund or accumulate a fund surplus in any other fund. With respect to the general fund the accumulated fund balance may be used to meet any legal obligation of the municipality or to: Provide cash to finance expenditures from the beginning of the budget year until general property taxes and other revenues are collected; (ii) Provide a reserve to meet emergency expenditures; or (iii) Provide a reserve by the carryover from one biennium to another of any surplus generated by community service and continuing education programs operated by community colleges. A municipality may appropriate funds from estimated revenue in any budget year to a reserve for capital improvements and for depreciation within any capital improvements fund, and for the purpose of purchasing or replacing specified equipment or a depreciation reserve for equipment, which has been duly established by ordinance. Money in the reserves may be allowed to accumulate from year to year until the accumulated total is sufficient to permit economical expenditure for the specified purposes. Disbursements from reserves shall be made only by transfer to a revenue account within a capital improvements fund pursuant to an appropriation for the fund. The amount appropriated to reserves under this subsection in any budget year shall not exceed ten percent (10%) of the municipality's total revenues for that budget year. Expenditures from capital improvement or equipment budget accounts shall conform to all requirements of this act as it relates to the execution and control of budgets. 16-4-106. Property tax levy. The amount of estimated revenue from property tax required by the budget shall constitute the basis for determination of the property tax to be levied for the corresponding tax years subject to legal limitations. The amount of tax shrinkage allowed shall not exceed the actual percentage of uncollected taxes to the total taxes levied for the preceding fiscal year or preceding two fiscal years pursuant to W.S. 16-4-104(h). This section also applies to districts and entities described in W.S. 16-4-125(c). ---PAGE BREAK--- Page 7 of 14 16-4-107. Authorized purchases or encumbrances. All purchases or all encumbrances on behalf of any municipality shall be made or incurred only upon an order or approval of the person duly authorized to make such purchases except encumbrances or expenditures directly investigated and reported and approved by the governing body. 16-4-108. Limitation on expenditures or encumbrances; documentation of expenditures. No officer or employee of a municipality shall make any expenditure or encumbrance in excess of the total appropriation for any department. The budget officer shall report to the governing body any expenditure or encumbrance made in violation of this subsection. The expenditure of municipality monies, other than employee contract payments, may be authorized by the governing body when the payee has provided the municipality with an invoice or other document identifying the quantity and total cost per item or for the services rendered included on the invoice or other document and the claim is certified under penalty of perjury by the vendor or by an authorized person employed by the municipality receiving the items or for whom the services were rendered. 16-4-109. Budget hearings. A summary of the proposed budget shall be entered into the minutes and the governing body shall publish the summary at least one week before the hearing date in a newspaper having general circulation in which the municipality is located, if there is one, otherwise by posting the notice in three conspicuous places within the municipality. Hearings for county budgets shall be held not later than the third Monday in July, for city and town budgets not later than the third Tuesday in June, for school districts and community college districts not later than the third Wednesday in July and for all other special purpose districts having the power to levy or require the levy of taxes not later than five days after the third Thursday in July except as hereafter provided. The governing board of any special purpose district may choose to hold the budget hearing in conjunction with the county budget hearings and so advertise. The governing board of ---PAGE BREAK--- Page 8 of 14 each municipality shall arrange for and hold the hearings and provide accommodations for interested persons. Copies of publications of hearings shall be furnished to the director of the state department of audit and school districts shall also furnish copies to the state department of education. This section also applies to districts and entities described in W.S. 16-4-125(c) excluding incorporated towns not subject to this act. Repealed By Laws 2000, Ch. 7, § 1. Repealed by Laws 2000, Ch. 7, § 1. 16-4-110. Limitation on appropriations. The governing body of a municipality shall not make any appropriation in the final budget of any fund in excess of the estimated expendable revenue of the fund for the budget year. 16-4-111. Adoption of budget. Within twenty-four (24) hours of the conclusion of the public hearing under W.S. 16-4-109(b), the governing body of each municipality shall, by resolution or ordinance, make the necessary appropriations and adopt the budget, which, subject to future amendment, shall be in effect for the next fiscal year or two fiscal years pursuant to W.S. 16-4-104(h). Prior to adopting the budget, the county commissioners may veto, in whole or in part, line items of budgets presented by boards which were totally appointed by the county commissioners. Boards, the members of which are appointed by the county commissioners, shall expend funds only as authorized by the approved budget unless a departure from the budget is authorized by the board of county commissioners. As provided by W.S. 39-13-104(k), a copy of the adopted budget, certified by the budget officer, shall be furnished the county commissioners for the necessary property tax levies. Certified copies of the adopted budget shall be on file in the office of the budget officer for public inspection. Copies of school district budgets shall be furnished to the state department of education and copies of community college budgets shall be furnished to the community college commission. This section also applies to districts and entities described in W.S. ---PAGE BREAK--- Page 9 of 14 16-4-125(c) excluding incorporated cities and towns under four thousand (4,000) inhabitants. 16-4-112. Transfer of unencumbered or unexpended appropriation balances. At the request of the budget officer or upon its own motion after publication of notice, the governing body may by resolution transfer any unencumbered or unexpended appropriation balance or part thereof from one fund, department or account to another. 16-4-113. General fund budget increase. The budget of the general fund may be increased by resolution of the governing body. The source of the revenue shall be shown whether unanticipated, unappropriated surplus, donations, etc. 16-4-114. Emergency expenditures. If the governing body determines an emergency exists and the expenditure of money in excess of the general fund budget is necessary, it may make the expenditures from revenues available under W.S. 16-4-105(a)(ii) as reasonably necessary to meet the emergency. Notice of the declaration of emergency shall be published in a newspaper of general circulation in the municipality. 16-4-115. Appropriations lapse; prior claims. All appropriations excluding appropriations for capital projects shall lapse following the close of the budget year to the extent they are not expended or encumbered. All claims incurred prior to the close of any fiscal year shall be treated as if properly encumbered. 16-4-116. Transfer of special fund balances. If the necessity to maintain any special revenue or assessment fund ceases and there is a balance in the fund, the governing body shall authorize the transfer of the balance to the fund balance account in the general fund. Any balance which remains in a capital improvements or capital projects fund shall be transferred to the appropriate debt service fund or other fund as the bond ordinance requires or to the general fund balance account. ---PAGE BREAK--- Page 10 of 14 16-4-117. Interfund loans. The governing body may authorize interfund loans from one fund to another at interest rates and terms for repayment as it may prescribe and may invest available cash in any fund as provided by law. 16-4-118. Special assessments. Money received by the municipal treasurer from any special assessment shall be applied towards payment of the improvement for which the assessment was approved. The money shall be used exclusively for the payment of the principal and interest on the bonds or other indebtedness incurred to finance the improvements except as provided in W.S. 16-4-116. 16-4-119. Financial statements and reports; public inspection. The budget officer shall present to the governing body the statement and reports provided by subsection of this section. Appropriate interim financial statements and reports of financial position, operating results and other pertinent information may be prepared to facilitate management control of financial operations and, where necessary or desired, for external reporting purposes as required by the governing body. All financial statements made pursuant to this section shall be open for public inspection during regular business hours. 16-4-120. Prescribed accounting systems. Each municipality shall maintain their accounting records in accordance with generally accepted accounting principles. Each school district and community college shall continue to maintain the uniform system of accounting prescribed by the state department of education and the community college commission. Each county and special district hospital shall continue to maintain the uniform system of accounting in ---PAGE BREAK--- Page 11 of 14 accordance with generally accepted accounting principles and federal hospital regulations. 16-4-121. Required annual audits; conduct; expenses; commencement and completion; additional requirements for school audits. The governing body of each municipality shall cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the municipality for each fiscal year. At the option of the governing body, audits may be made at more frequent intervals. The governing body shall make available all documents and records required to perform the audit upon request by the independent auditor. The audits shall be conducted by independent auditors in accordance with generally accepted auditing standards as promulgated by the AICPA in their guidelines for audits of state and local government units. The audit procedures shall be performed in accordance with "Government Auditing Standards", issued by the comptroller general of the United States. Any audit performed shall comply with the requirements of W.S. 9-1-507. The expenses of audits required by this act shall be paid by the municipality for which the audit is made. The first audit shall commence with the fiscal year ending June 30, 1982 and thereafter at the end of each fiscal year. Except for school audits which shall be completed by November 15 following the end of the audited fiscal year, the audits shall be completed not more than six months after the end of the fiscal year being audited. If within seven months after the end of the fiscal year, a copy of an audit report has not been received by the director of the state department of audit, inquiry shall be made by the director. If the municipality has failed to have an annual audit commenced, the director shall make written demand on the governing body to commence the annual audit within thirty (30) days. If the annual audit report of a municipality is not filed with the director within nine months after the end of the fiscal year, the director shall contract with an independent auditor to conduct the audit and shall reimburse the independent auditor from sufficient state revenues and grants withheld from the municipality when certified by the director to the state ---PAGE BREAK--- Page 12 of 14 treasurer, to pay the expenses of the audit. If there are no state funds which may be withheld, the director shall require the municipality to pay the audit expenses from any funds available and certify the amount to be collected to the attorney general for appropriate legal proceedings. County memorial hospitals and hospital districts shall have an annual audit conducted by an independent certified public accountant in accordance with generally accepted government auditing standards applicable to the district or entity. The audit expense shall be included in the operating budget of the district or entity. Each year an audit shall be made in accordance with the requirements of subsection of this section and a report filed for the immediately succeeding fiscal year as necessary to determine foundation program guarantees and account expenditures by school districts. 16-4-122. Required annual audits; reports; contents and filing. Audit reports shall conform to generally accepted accounting principles as provided by W.S. 16-4-121(c). Copies of the audit reports shall be filed with and preserved by the county clerk of each affected county and shall be open to inspection by any interested person. Copies of all audits shall also be filed with the director of the state department of audit. Copies of school audits shall also be filed with the state department of education on or before December 15 following the end of the audited fiscal year. Copies of community college audit findings shall also be filed with the community college commission and the budget division of the department of administration and information as provided by W.S. 21-18-204. 16-4-123. Examinations of audit reports; violations; malfeasance by public officers and employees. The director of the state department of audit shall monitor and may examine each audit to determine if the audit is in compliance with this act. The director shall have access to the working papers of the auditor. If the director determines an audit is not in compliance with this act, he shall notify the governing body of the municipality and the auditor submitting the audit report and in the case of a school district audit, the ---PAGE BREAK--- Page 13 of 14 state department of education, by submitting to them a statement of deficiencies. If the deficiencies are not corrected within ninety (90) days from the date of the statement of deficiencies or within twelve (12) months after the end of the fiscal year of the municipality, whichever is later, the director shall proceed in the same manner as if no report had been filed. If the director of the state department of audit, in examining any audit report, finds an indication of violation of state law, he shall, after making an investigation as deemed necessary, consult with the attorney general, and if after investigation and consultation there is reason to believe there has been a violation of state law on the part of any person, the facts shall be certified to the attorney general who shall cause appropriate proceedings to be brought. If it appears an auditor has knowingly issued an audit report under the provisions of this act containing any false or misleading statement, the director of the state department of audit shall report the matter in writing to the Wyoming board of certified public accountants and to the municipality. Any member of the governing body or any member, officer, employee or agent of any department, board, commission or other agency who knowingly and willfully fails to perform any of the duties imposed upon him by this act, or who knowingly and willfully violates any of the provisions of this act, or who knowingly and willfully furnishes to the auditor or his employee any false or fraudulent information is guilty of malfeasance and, upon conviction thereof, the court shall enter judgment to remove the person from office or employment. It is the duty of the court rendering the judgment to cause immediate notice of removal from office or employment to be given to the proper officer of the municipality so the vacancy thus caused may be filled. The director of the state department of audit shall report willful violations of this act by any municipal officer to the attorney general for appropriate criminal and civil proceedings. The county or district attorney shall furnish assistance to the attorney general when requested. 16-4-124. Payment of expenses to conventions or meetings; required specific appropriation; violation. It is unlawful for any board of county commissioners or any town or city council to allow or pay out of the county or city funds, ---PAGE BREAK--- Page 14 of 14 any bill for expenses incurred by any county officer or representative of the county, or of any municipal officer, representative or employee incurred while attending any convention or meeting of any peace officers or other convention or meeting of officers, employees or representatives either within or without the state of Wyoming, unless the adopted budget for the city, town or county provides for the payment of actual expense of any officer while attending meetings or conventions within or without the state of Wyoming and then only after the city or town council or board of county commissioners, as the case may be, shall specifically appropriate for those purposes. Any person violating this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), imprisoned in the county jail for a period of not less than thirty (30) days, nor more than ninety (90) days, or both. 16-4-125. Fiscal year for governmental entities; budget format for certain entities not subject to the Uniform Municipal Fiscal Procedures Act. The fiscal year for all governmental entities within this state, no matter how formed, shall commence on July 1 in each year, except as otherwise specifically provided or authorized by law. Hospital districts organized under W.S. 35-2-401 through 35-2-438 and rural health care districts organized under W.S. 35-2-701 through 35-2-709 shall have until July 1, 2011 to commence the district fiscal year on July 1 of each year. Incorporated towns not subject to the Uniform Municipal Fiscal Procedures Act, special purpose districts having the authority under the general laws of Wyoming to levy taxes or impose assessments and public entities receiving funds from a municipality as defined by W.S. 16-4-102(a)(xiv), shall prepare budgets in a format acceptable to the director of the state department of audit. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Wyoming Association of Municipalities 12 Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 phone: [PHONE REDACTED] fax: [PHONE REDACTED] Email: [EMAIL REDACTED] Website: www.wyomuni.org “This brochure was compiled by the Leadership Training Services Board.” March 2008 Forms of Government in Wyoming A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities 2 11 Wyoming Association of Municipalities Changing the Form of Government Any incorporated city or town may adopt the commission or city manager form of government or other lawful form of government by following the procedures below; taken from Wyoming Statutes 15-11-301 and 15-11-302. A petition for a special election to change the form of government must be submitted to the city or town clerk. The petition must be signed by 15% of those electors who voted at the last preceding municipal election, and must be submitted no later than 120 days before the next regular municipal primary election. (The exception to this rule is no petition can be filed within four years after the establishment of the existing form of government.) If the petition is determined by the city (town) clerk to be legal, the mayor shall proclaim a special election on the question. The question shall state the following: • The present form of government • The proposed new form of government • The time of the election The proclamation shall be published at least once a week for four consecutive weeks in a newspaper of general circulation in the city or town. The special election must be held no less than thirty days nor more than sixty days after the petition is filed, and shall be conducted as prescribed by Wyoming Statutes 22-23-801 through 22-23-809. If the majority of votes cast are in favor of the proposed new form of government, the municipality shall, at the next municipal primary and general elections, nominate and elect officers under the new form of government. Once these officers are elected and qualified, the municipality shall be governed by the new form of government. ---PAGE BREAK--- Wyoming Association of Municipalities 10 Commission Government The elective officers of a city or town adopting the commission form of government are a mayor, a commissioner of finance and public property, and a commissioner of streets and public improvements. The term of the mayor is four years and each commissioner is two years. Each position is elected at large (15-11-104). Governing Body Two members of the body must be present before any business can be conducted. Each member has one vote on all matters presented. Unless a greater number of votes is specified, all matters require an affirmative vote of two of the members for passage. All motions, ordinances, and resolutions must be written and read before a vote is taken. Every vote of each member must be recorded. Every ordinance or resolution must be signed either by the mayor or the two commissioners and recorded before it is effective. The power and duties of the governing body under this form of government are similar to those of the council in the mayor-council form. In addition to its normal legislative functions, it hires any other officers and assistants as provided by ordinance, and may terminate any officer at any time by majority vote of the body. Duties of the governing body are distributed as follows: • The mayor administers the department of public affairs and safety. The mayor is the president of the governing body and presides at all meetings. He/she has one vote on all matters, but has no veto power. • The commissioner of finance and public property administers the departments of accounts, finance, parks and recreation, and public property. He/she is vice president of the governing body and performs the duties of the mayor in his/her absence. • The commissioner of streets and public improvements administers the departments of streets and public improvements. 3 Wyoming Association of Municipalities Forms of Government in Wyoming Contents Introduction 4 Mayor-Council 5 City Manager Government 8 Commission 10 Changing the Form of 11 ---PAGE BREAK--- Wyoming Association of Municipalities 4 Introduction Wyoming law recognizes the following three forms of municipal government in Wyoming: • mayor-council • city manager • commission This handbook was designed to summarize these three forms of government, and the steps you need to take if your city or town chooses to change your form of government. Laws regulating cities and towns in Wyoming can be found in the Wyoming State Statues. Statutes regulating forms of government in Wyoming are summarized in the following pages. You can access these in more detail by visiting the state website at http:// legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title15/ Title15.htm. 9 Wyoming Association of Municipalities City Manager The city manager is the chief administrative officer for the city/ town. He/she appoints all officers other than the attorney and municipal judges, and may appoint all necessary subordinates and fix the compensation within the limits set by the governing body and statutes. In addition to his/her specific duties, the manager is responsible for the enforcement of all laws and ordinances; must attend all council meetings; may recommend necessary and expedient measures; must prepare and submit all reports required by the governing body or that he/she deems advisable; must keep the council fully advised on the municipality’s financial condition and future needs; and all other duties as required (15-4-201 through 15-4-251). Mayor-Administrator Plan Cities and towns operating under the mayor-council form of government can achieve some of the benefits of the city manager form through the use of an administrator to perform specific functions. The mayor-administrator plan is similar to city manager form of government with similar duties assigned. The major difference is the city manager is given its powers by the state; the administrator is given its powers by the Governing Body who chooses to adopt a Charter Ordinance. The Governing Body’s role is to establish City policy, goals, objectives, and priorities. The City Administrator’s responsibility includes implementation of the policies set by the Governing Body, in addition to day-to-day management of all City operations. The City Administrator makes recommendation to the Governing Body and ensures the Governing Body has the needed information to successfully fulfill its policy- making role. ---PAGE BREAK--- Wyoming Association of Municipalities 8 City Manager Government Because many of the tasks involved in handling the affairs of a municipality call for special training and skills, demands have risen for a professionally trained expert to take over these duties. The city manager form of government specifically provides for this. Under this form, a single, chief administrator is employed by the governing body to handle the city’s (town’s) administrative affairs. The elective officers of a city or town adopting the city manager form of government are council members elected as provided by law. There shall be three council members in cities and towns having a population of less than four thousand, seven in those having a population of four thousand or more but less than twenty thousand, and nine in those having a population of twenty thousand or more, according to the last preceding United States census. The term of office of a council member is four years and until his/her successor is sworn in. Legislative authority is vested in the council. Governing Body The powers and duties of the governing body are similar to that in the mayor-council form of government. In addition to its normal functions, the council employs the city manager who is directly responsible to the council and who serves at the pleasure of a majority of the council members. Mayor The powers and duties of the mayor are substantially altered under this form of government. All administrative and executive powers held by the mayor under the mayor-council form are transferred to the city manager. The mayor is chosen from the council members for a term determined by the city or town. The mayor is recognized as the city head for the service of legal process and for ceremonial purposes. The mayor is president of the council and presides over all meetings of the governing body. He/she has a vote on all matters, but has no veto power. 5 Wyoming Association of Municipalities Mayor-Council Government The most commonly used form of government in Wyoming is the mayor-council form of government. Positions are filled by the vote of the residents of the city or town at the general municipal election. The elective officers of an incorporated town are one mayor and four council members. The term of office of mayor and council member is four years, and until his/her successor is qualified for office by being sworn in (15-11-102). The elective officers of a first class city are a mayor and the number of council members determined by the governing body of the city when they provide for the number of wards in the city. The term of office of the mayor and a council member is four years and until his/ her successor is sworn in. The mayor shall be elected at large and the council members shall be elected at-large, or by wards, or by a combination of at-large and ward election districts. The governing body of the city shall determine by ordinance at the time wards are created or reorganized whether individual, multimember, or at large election districts shall be provided. The districting system may provide individual member election districts or multimember election districts which do not exceed three council members per district. Once established, the districts, except to modify boundaries because of population changes and to encompass annexed territory, shall not be altered or amended more often than each ten years or when the state reapportions (15-11-103). Powers of the Governing Body The governing bodies of all cities and towns have a broad range of powers that are intended to assist the needs of the community. The following is a list of only a few of the powers granted to the governing body. Powers are listed in greater detail under State Statue 15-1-103. • Purchase and hold real and personal property; • Sell, convey, and lease any estate owned; ---PAGE BREAK--- Wyoming Association of Municipalities 6 • Receive bequests, gifts, and donations; • Control the finances of the corporation; • Appropriate money by ordinance only and pay all necessary expenses; • Levy and collect special assessments against persons or property; • Borrow money on the credit of the corporation for corporate purposes and issue warrants and bonds; • Plan, construct, improve, modify, repair, maintain, and regulate the use of streets, alleys, bridges, parks, public grounds, cemeteries, and sidewalks; • License, tax, and regulate any business within the corporate limits; • Regulate or prohibit the running at-large of any animals; impose a license fee; and establish and provide for the operation of a pound; • Regulate, prevent, or suppress riots, disturbances, disorderly assemblies or parades, or other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place; • Declare and abate nuisances and impose fines upon parties who create, continue, or permit nuisances to exist; • Purchase, lease, or rent land within or without the corporate limits and govern it for the deposit of refuse matter; • Establish and regulate parks, zoological gardens, and recreation areas; • Provide for the organization, support, and equipping of a fire department; • Provide for the repair, removal, or destruction of any dangerous building or enclosure; • Appoint a board of health and prescribe its powers and duties; • Divide the city or town into suitable districts for establishing a drainage system including surface water, sanitary sewers, and water mains; • Take any action to establish, alter, and regulate the channels of streams, water courses, and other public water sources or supplies within the city; 7 Wyoming Association of Municipalities • Establish and maintain public libraries, reading rooms, or museums; • Grant franchises to any utility company; • Establish and regulate a police department; • Exercise the power of eminent domain and take property for public use within and without the city limits for any necessary or authorized public purpose as defined by W.S. 1-26-801(c); • Appoint officers and establish other positions as are necessary for the efficient operation of the city or town; • Compile, codify, and revise all ordinances in force and provide for their distribution, sale, and exchange; • Adopt ordinances, resolutions, and regulations, including regulations for the health, safety, and welfare of the city or town, and enforce all ordinances. • Contract with nonprofit corporations, hospitals, and clinics to provide human services for persons within its jurisdiction; • Adopt ordinances establishing pretreatment standards and requirements for municipal waste water collection systems and provide for enforcement; • Appoint special municipal officers, who are not certified as peace officers, to issue citations to enforce ordinances, resolutions, and regulations. ---PAGE BREAK--- Home Rule in Wyoming A Municipal Official’s Guide A handbook for municipal elected officials Wyoming Association of Municipalities 2010 ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com “A local government needs from the central government, the state, nothing but adequate power to exercise the functions of local government.” ——Horace E. Deming, The Government of American Cities, 1909 ---PAGE BREAK--- Home Rule in Wyoming Home Rule in Wyoming Municipal Official’s Guide Contents What is a “Municipal Government” and where does it get its How are municipalities What does Home Rule really What was the Home Rule standard prior to the 1972 Wyoming Constitutional What does the Constitutional Amendment on Home Rule The mandate for Home What can Home Rule What does Home Rule not What is a Charter What is the bottom line on Home 1 ---PAGE BREAK--- Wyoming Association of Municipalities 2 What is a “Municipal Government” and where does it get its power? The Constitution of the United States of America does not mention local governments. They are created and regulated by the states. One would like to think that state governments would readily delegate authority and responsibility for powers and functions not within its jurisdiction to local municipal governments - the government closest to the people. Unfortunately, the struggle for this concept of “home rule” has not been that simple or clear-cut. While Wyoming municipal government earned the legal right to exercise home rule through a constitutional amendment passed in 1972, fully defining the concept in Wyoming has been a continual struggle. To better understand the evolution of “home rule” in Wyoming, a review of the nature of this creature called “local government” is helpful. How Are Municipalities Created? State governments establish cities and towns as municipal corporations by enacting general legislation (hence the term “incorporated municipality”). Municipal corporations come into existence either at the direct request of, or by the consent of, the citizens residing in them – they develop from the people. Counties, on the other hand, are created by the sovereign power of the State without the solicitation, consent or concurrent action of the people who inhabit them. Like private corporations, municipal corporations can own property, enter into contracts, and incur debt. The owners of a corporation (the citizens), give the responsibility of running the corporation (the municipality) to a board of directors (the town or city council). The council acts on behalf of the citizen owners in deciding what the municipality should do. Municipal corporations differ from private corporations in important ways. For one thing, citizens become “owners” of a municipal corporation simply by living within the municipality’s jurisdiction. Municipal corporations also have different powers than private corporations. Private corporations can engage in any legal activity they choose. Prior to 1972, Wyoming municipalities could engage in only those activities which the State of Wyoming had delegated to them. By constitutional amendment, approved by the voters and effective on December 12, 1972, local self- government authority, known as “home rule” was granted to Wyoming cities and towns but that self-governance maintained a number of key restrictions which will be discussed. ---PAGE BREAK--- Home Rule in Wyoming 3 What does “Home Rule” really mean? The concept of home rule can be traced to the Tenth Amendment of the U.S. Constitution, providing that states and the American people themselves retain all powers not granted to the federal government. Black’s Law Dictionary defines home rule as a “state or constitutional provision or type of legislative action which results in apportioning power between state and local governments by providing local cities and towns with a measure of self government if such local government accepts terms of the state legislation.” (Black’s 1990, 733). Simply put, home rule is the delegation of power from the state to its sub-units of government (including counties, municipalities, towns, etc.). That power is limited to specific fields, and is subject to constant judicial interpretation. There are four primary areas in which “home rule” powers are exercised by governments: Structural – power to choose the form of government, charter and enact charter revisions; Functional – power to exercise powers of local self government; sometimes qualified as “broad functional” or, Fiscal – authority to determine revenue sources, set tax rates, borrow funds, and other related activities; and • • • Personnel – authority to set employment rules and conditions ranging from remuneration to collective bargaining. Home rule, observes political scientist Rodney L. Mott, serves three objectives: It grants local governments the power and flexibility to satisfy increasing demands for local services; It permits local governments to determine the kind of government best suited to their needs; and It usually protects local governments from state intervention, while protecting the state from the constant pressures of local governments for additional power to respond to new challenges (Mott, 1949, 1112). • 1. 2. 3. Simply put, home rule is the delegation of power from the state to its sub-units of government... ---PAGE BREAK--- Wyoming Association of Municipalities 4 Dillon’s Rule, named after Justice F. Dillon of the Iowa Supreme court, was the 19th Century precursor to Home Rule. Dillon’s position treated cities and towns of a state as those of children connected to a parent. The first part of Dillon’s Rule states that local governments have only three types of powers: those granted in express words, those necessarily or fairly implied in or incident to the powers expressly granted, and, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. The second part of Dillon’s Rule states that if there is any reasonable doubt whether a power has been conferred on a local government, then the power has NOT been conferred. This is the rule of strict construction of local government powers. (1 Dillon Mun. Corp., 448) The “Dillon Rule” supported the premise that cities and towns were creatures of the legislature and any doubt as to the existence of a specific power would be interpreted against the city or town. Strict adherence to this rule by the Wyoming Supreme Court was in place prior to 1972. On December 12, 1972, the will of the people of Wyoming reversed the old philosophy. • • • The key determinant of the ability of a local government to fully exercise the granting of powers from the state is adequate finances. Unfortunately, the least discretionary authority granted by the State of Wyoming tends to be in the area of finance. It is essential for local governing bodies to maximize the flexibility of their legislative and administrative authority and to fulfill the intended purpose of the home rule amendment - to permit cities and towns to govern their own local affairs without the necessity of approaching the legislature for permission to act or soliciting funds to pay for the services they need. What was the Home Rule standard prior to the 1972 Wyoming Constitutional Amendment? ---PAGE BREAK--- Home Rule in Wyoming 5 The purpose of home rule is to give municipalities the widest possible latitude in the handling of their local affairs. To this end, the Wyoming Constitution, Article 13, Section 1, as amended, empowers all cities and towns to provide for their own government and local affairs by ordinance. This power to determine local affairs is subject only to: Referendum when prescribed by the legislature; Statutes uniformly applicable to all municipalities; Statutes prescribing limits of indebtedness; and Laws in effect on December 12, 1972 (the effective date of the home rule amendment) relating to the incorporation of cities and towns, the methods by which city and town boundaries may be altered, and the procedures by which cities and towns may be merged, consolidated or dissolved, as well as existing laws pertaining to civil service, retirement, collective bargaining, and the levying of taxes, fees or any other charges, whether or not applicable to all municipalities on the effective date of this amendment, which laws remain in effect until changed by general law. Such laws are not subject to charter ordinance. • • • • The 1972 Amendment contains a clear mandate by the people of Wyoming to the legislature and to the courts of this state when it provides: All cities and towns are empowered to determine their local affairs and government as established by ordinance passed by the governing body…” The powers and authority granted to cities and town, pursuant to this section, shall be liberally construed for the purpose of giving the largest measure of self-government to cities and towns.” Cities and towns can now govern their own affairs, except to the extent the legislature clearly prohibited or preempted an action of the governing body by legislation equally applicable to all cities and towns. Unfortunately, the Wyoming Supreme Court has not yet firmly established the application of the Home Rule amendment in Wyoming. What does the Constitutional Amendment on Home Rule say? The Mandate for Home Rule ---PAGE BREAK--- Wyoming Association of Municipalities 6 Home rule is designed to provide a democratic, responsible system of local self- government where citizens and officials can meet and solve day-to-day problems as they occur without having to seek permissive legislation. Cities and towns have complete authority to govern their own local affairs by ordinance in all areas not denied them in the constitutional amendment, insofar as any such ordinance does not conflict with an existing uniformly applicable statute. Examples of areas where Wyoming municipalities can exercise home rule authority include: Administration •Creation of Town or City Administrator positions •Granting of franchises to public utilities Elections and Government Structure •Wards or at-large division of municipality •Number of Council Members •Method of filling of vacancies on Council •Form of government (Mayor-Council; City Manager; Commission) •Decision to become a First Class City rather than an Incorporated Town Land Use •Zoning •Planning Personnel •Hiring and termination •Development of salary structure Enforcement •Municipal courts •Traffic enforcement •Business regulation •Animal control •Nuisance abatement What can “Home Rule” do? ---PAGE BREAK--- Home Rule in Wyoming 7 Home Rule does not grant authority to cities and towns to: Establish debt limits. Debt limits for municipalities are set by the Legislature. Determine the methods by which they may be incorporated, merged or dissolved, or determine boundaries. This is the legislature’s area by general law applicable to all cities and towns. Establish laws pertaining to civil service, retirement, collective bargaining in areas where statutes in 1972 were adopted. Provide for the levying of taxes, excises, fees or other charges. The principal general restriction is that any law uniformly applicable to all cities and towns cannot be changed or ignored under home rule. This was written into the constitution so that the legislature could continue to control cities and towns relative to matters of statewide concern. • • • • To the extent that the city or town may wish to adopt an ordinance which conflicts with a statute, other than those specifically addressed in the home rule amendment, the city or town, may, by charter ordinance, actually exempt itself from such statute or modify the statute to its liking, unless the statute is uniformly applicable to all cities and towns. Article 13, Section 1(c) of the Wyoming Constitution states: “Each city or town may elect that the whole or any part of any statute, other than statutes uniformly applicable to all cities and towns and statutes prescribing limits of indebtedness, may not apply to such city or town. This exemption shall be by charter ordinance passed by a two-thirds vote of all members elected to the governing body of the city or town.” Municipal officials interested in adopting charter ordinances should be aware of special conditions concerning their passage and should always consult their municipal attorney. What does Home Rule not do? What is a Charter Ordinance? ---PAGE BREAK--- Wyoming Association of Municipalities 8 In summary, Wyoming municipalities: Have the right to determine their local affairs and government by ordinance. May legislate on the same subject as contained in a statute, whether or not the statute is uniformly applicable, if the ordinance does not conflict with the statute, and the field of legislation has not been clearly preempted by the statute. Cities and towns often enact municipal traffic ordinances that mirror state statute to provide for the option of writing citations into municipal court rather than district or county court as dictated by the state statute. May, by charter ordinance, opt out of a statute which is in conflict with an ordinance; if the statute is not uniformly applicable and has not been clearly preempted by statute. Charter ordinances are commonly used in Wyoming to create the position of Town or City Administrator, exempting the municipality from statutory provisions applicable to either incorporated towns or first class cities that place such authority in the Mayor. Another example of a charter ordinance would retain at-large council member positions in first class cities where dividing the municipality into wards is prescribed by statute. 1. 2. 3. What’s the Bottom Line on Home Rule? May not opt out of a statute by charter ordinance, which has uniform application, or which is in a subject matter which has been clearly preempted by statute. A city or town could not establish a maximum fine of $1,500 for violation of any city ordinance because the $750 statutory limit is applicable to all cities and towns. 4. ---PAGE BREAK--- Home Rule in Wyoming 9 Three criteria are critical in crafting an ordinance under home rule: Does the proposed ordinance relate to a matter reserved to the legislature by paragraph of the Home Rule Amendment? Does the ordinance relate to a matter which can be justified as a local rather than statewide matter? Is the ordinance in conflict with an existing law which is not uniform in its application and does not relate to limitations of indebtedness? Our government was founded on the principle that the people closest to the problem know best how to solve it. 1. 2. 3. However, the ongoing ability of any level of government to exert its influence rests upon how effectively that government responds to problems or challenges, and not solely on prescribed rights and authorities. Political inaction at any level of government leads to preemption by other levels of government. It is incumbent on Wyoming municipal officials to develop the competencies and political will to utilize home rule authority in order to maintain the widest possible latitude in the handling of their local affairs. ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 [EMAIL REDACTED] www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- CHARTER ORDINANCE NO. 6 A CHARTER ORDINANCE TO AMEND CHARTER ORDINANCE NO. 2 AND AMEND SECTONS 2.12, 3.08, AND 3.16, AND REPEAL SECTION 2.28.030, OF THE DOUGLAS MUNICIPAL CODE AS TO THE APPOINTMENT OF AN ADMINISTRATOR FOR THE CITY OF DOUGLAS, WYOMING AND DELINIATING THE DUTIES OF SUCH POSITION WHEREAS, the City of Douglas, Wyoming (City) adopted Charter Ordinance No. 2 on April 16, 1980, establishing a Town Administrator and prescribing the duties therefore; WHEREAS, in 1986, the City was established and is currently operating as a first class city, pursuant to pertinent constitutional and statutory provisions of Wyoming law; WHEREAS, Article 13, Section 1, Wyoming Constitution, provides in part that a charter ordinance may be amended by a Charter Ordinance and a Wyoming city or town may elect that the whole or any part of any statute, other than statutes uniformly applicable to all cities and towns, shall not apply to any city and town; and further provides that such city or town may make other provisions on the same subject; and WHEREAS, pursuant to the above and forgoing, the governing body desires to amend the duties and responsibilities of the position of City Administrator, making inapplicable or modifying in part or in whole Wyoming Statutes Sections 15-3-204, 15-1-108 and 15-1-103 (xxxvii) of Wyoming Statutes 2007 Edition. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DOUGLAS, WYOMING: Section 1. Charter Ordinance 2, Section 1, and Section 2.12.010 is amended as follows: 2.12.010 - Exemption from state statute. The City shall not be governed by the provisions of Wyoming Statutes 2007, as amended, Sections 15-3-204, 15-1-108, and 15-1-103 (xxxvii). Section 2. Charter Ordinance 2, Section 2 and Section 2.12.020 is amended as follows: 2.12.020 - Employment—Salary. The governing body shall employ a city administrator, city attorney and municipal judge, and fix his salary. The city administrator shall receive no other or additional salary for the performance of any duties required of him as city administrator. The city administrator is an employee and serves at the pleasure of the governing body. The salary may be changed from year to year, and the city administrator may be discharged and that employment terminated at any time by a majority vote of the governing body, with a minimum of thirty (30) days severance pay. Section 3. Charter Ordinance 2, Section 2(b) and Section 2.12.030 is amended as follows: 2.12.030 - Notice of resignation—Interim administrator. The city administrator shall give at least 30 days' notice in writing to the governing body before resigning the position. If the position becomes vacant for any reason, the governing body shall immediately proceed to employ another person. If there is a delay in securing a new city administrator, the Mayor and Council shall appoint an interim city administrator at a salary to be determined. The interim city administrator shall be vested with limited authority as defined by Council and charged with the duties and responsibilities of the city administrator until a city administrator is hired and qualified. ---PAGE BREAK--- Section 4. Charter Ordinance 2, Section 2 and Section 2.12.040 is amended as follows: 2.12.040 - Expert services. The governing body may employ experts to perform unusual or special services. Section 5. Charter Ordinance 2, Section 3 and Section 2.12.050 is amended as follows: 2.12.050 - Appointment powers. A. Except for the city administrator, attorney and municipal judge, all employees shall be appointed, suspended, transferred and removed by the city administrator, subject to the personnel regulations of the city as adopted by the governing body. B. The city administrator shall appoint a city clerk, city treasurer/finance director, community development director, chief of police, public works director, and fire chief. The city administrator shall make appointments to these positions and removal from these positions, when necessary, with the concurrence of the governing body. C. The city administrator may appoint and remove all subordinates, clerks, assistants, laborers and servants and fix the compensation of those appointed by him within the limits fixed by the governing body and the law, consistent with the city's ability to pay. Appointment shall be on the basis of merit. Nothing herein shall be construed as affecting or superseding the provisions of Wyoming Statutes 1997, Sections 15-5-101 through 15-5-301, relating to the police and fire departments. Except as otherwise provided, he shall prescribe the powers and duties of all employees. He shall file with the clerk a list of the names of all employees, together with a statement of the salary or compensation each is to receive. He shall seek the advice of the governing body on personnel matters as he deems necessary. Section 6. Charter Ordinance 2, Section 4 and Section 2.12.060 is amended as follows: 2.12.060 - Duties—Generally. The city administrator shall: A. Oversee the operation of the day to day administration of the city. The governing body shall provide the city administrator direction and set the policies for the operation and administration of the city. The governing body shall direct any questions, issues or concerns regarding the operation and/or administration of the city through the city administrator. The city administrator shall investigate and provide clear, complete and unbiased information in response to such questions, issues or concerns to the entire governing body to assist the governing body in making policy decisions for the city. City administrator shall also provide input and recommendation to the governing body on such requests. B. Attend all meetings of the governing body and may recommend to the governing body adoption of such measures as the city administrator deems necessary for the health, safety, and welfare of the community or for the improvement of municipal services. C. Perform all duties imposed on the position consistent with state laws or ordinances. The city administrator shall be the purchasing agent for the city and subject to the requirements of statutes and ordinances, in accordance with rules and regulations now or hereafter promulgated by the governing body, shall purchase materials and authorize expenditures of funds on behalf of the city. E. Supervise the enforcement of all laws, ordinances, rules, regulations, policies and procedures of the city adopted by the governing body. F. Issue rules and regulations requested by the governing body, subject to the approval, amendment or rejection of the governing body. G. Be responsible to the governing body for the administration of all departments of the city and supervise the administrative functions of such departments. H. Prepare and submit to the governing body reports that are required or that the administrator or governing body may consider advisable. I. Or the designee of the city administrator shall; issue, deny or revoke all permits and licenses as provided by ordinances. J Keep the governing body fully advised of the financial status of the city, presenting a report on the financial condition and future needs. K. Prepare a proposed budget annually, submit it to the governing body and be responsible for its administration after adoption by the governing body. ---PAGE BREAK--- L. Perform all duties imposed on the position by ordinances adopted by the governing body which is not inconsistent with state laws. M. Prepare annually recommendations to the governing body on the compensation plan and fringe benefits package for all city positions and shall also make recommendations to the governing body concerning the personnel manual position descriptions and position classification changes. Section 7. Charter Ordinance 2, Section 5 and Section 2.12.070 is amended as follows: 2.12.070 - Management of utilities. The city administrator shall manage any utility owned and operated by the city. Subject to the laws relating to public utilities, the governing body shall fix all rates and compensation to be paid by consumers of water, sewer, sanitation or any service furnished by any other public utility owned or operated by the city. The administrator shall enforce all necessary rules, regulations and penalties to enforce their collection or for the protection of the property and rights pertaining to public utilities. Section 8. Section 2.28.030 is hereby repealed. Section 9. Charter Ordinance 2, Section 6 and Section 3.08.010 is amended as follows: 3.08.010 - Disbursements—Approval—Form of warrants. A. Except as otherwise provided, all disbursements shall be made by warrants signed by the city administrator or the city treasurer under the direction of the city administrator and countersigned by the mayor, and no warrant may be drawn in payment of a claim until the claim certified by the city administrator has been allowed by the governing body. Every warrant shall specify its purpose, the fund against which it is drawn, and shall be made payable to the order of the person in whose favor it is drawn. Any warrant contrary to this section is void and any officer or employee drawing such a warrant is personally responsible for the amount of any payment made on it. B. When any warrant is paid, it shall be immediately cancelled and filed in the office of the city treasurer. The orders drawn upon each fund shall be kept separate. The governing body shall provide for the examination during each annual audit of all cancelled warrants, bonds, and other obligations in the hands of the city administrator. Section 10. Charter Ordinance 2 Section 7 and Section 3.08.020 is amended as follows: 3.08.020 - Signing of checks. Every check drawn upon a city depository in payment of a warrant shall be signed by the city administrator or city clerk under direction of the city administrator and countersigned by the mayor and state clearly thereon the purpose for which it is drawn. Section 11. Charter Ordinance 2, Section 8 and Section 3.16.080 is amended as follows: 3.16.080 - Payment of bonds and certificates of indebtedness. Principal and interest upon bonds and certificates of indebtedness, when due, may be paid by the city administrator out of the proper funds, upon presentation and surrender to the city administrator of the bond, certificate, or interest coupon. When paid, they shall be cancelled immediately and filed in the office of the city administrator in the same manner as warrants. The payments shall be made by warrants and conforming to the requirements of Section 3.08.010. Section 12. Section 2.12.025 of Douglas Municipal Code is hereby created to read as follows: 2.12.025 Duties of Mayor The mayor shall: A. Preside at all meetings of the governing body, and in the mayor’s absence a council member shall be appointed to act as mayor pro tem; B. Have superintending control of all officers and affairs of the city except as delegated to the city administrator in Section 2.12.060 of the city code. ---PAGE BREAK--- C. Oversee compliance with the ordinances and laws; D. Sign commissions and appointments and all bonds, contracts and other obligations required to be signed in the name of the city; and E. Have one vote on all matters coming before the governing body upon which a vote is taken, except a vote: To override a veto; (ii) To confirm an appointment other than a vote to break a tie vote of the governing body; and F. Pursuant to a hearing for removal or discharge as provided in W.S. §§15-2- 102(b)(iv)(C) or 15-3-204(b)(iv)(C) (2007). Section 13. Section 2.12.045 of Douglas Municipal Code is hereby created to read as follows: 2.12.045 Residency of City Administrator The city administrator within six months after appointment shall be required to reside within the limits of the City and shall reside therein during such tenure. Section 14. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such inconsistency. Section 15. If any section, clause or phrase shall be held unconstitutional or invalid, it shall not affect the balance of this ordinance. Section 16. The charter ordinance shall take effect from and after passage on the third reading by a two-thirds (2/3) vote (4 out of 5 Council members) of all members elected to the governing body of the City on the sixtieth (60th) day after its final publication. Section 17. The ordinance shall be published once a week for two consecutive weeks in the City’s official newspaper. Section 18. This ordinance is subject to referendum upon receipt by the City Clerk of a petition containing not less than ten percent (10%) of the signatures of the voters eligible to vote in the last general Municipal election. Such petition and signatures will be certified valid by the City Clerk to the governing body. Upon certification of the signatures by the City Clerk, the governing body, if the petition is certified valid, shall call for an election to determine whether or not the citizens of the community wish to have this ordinance adopted. PASSED AND APPROVED ON FIRST READING THIS 22nd day of February, 2010. PASSED AND APPROVED ON SECOND READING THIS 8th day of March, 2010. PASSED, APPROVED AND ADOPTED ON THIRD AND FINAL READING THIS 22nd day of March, 2010. Marilyn Werner, Mayor Attest: Cheryl L. Ewing, City Clerk Published: March 31 & April 7, 2010 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- CITY OF DOUGLAS POSITION SPECIFICATION Revised July, 1993 TITLE: CITY ADMINISTRATOR CLASS CODE: 1200 GENERAL DESCRIPTION: PERFORMS OVERALL SUPERVISORY, ADMINISTRATIVE AND PROFESSIONAL WORK PLANNING, COORDINATING AND DIRECTING THE ACTIVITIES OF THE MUNICIPAL GOVERNMENT OPERATION. (Any position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this classification). SUPERVISION EXERCISED/ACCOUNTABILITY: Works under broad policy direction of the Mayor and City Council. Exercises supervision over all personnel directly through department heads in Administration, Finance, Community Development, Fire, Police, Public Works and Public Utilities. MAJOR TASKS: Plans, coordinates and provides overall direction for the activities of the operating departments, including public works and utilities, police, fire, community development, finance and administration; assists governing body and other departments with establishment of City-wide goals and objectives; coordinates implementation of same. Establishes municipal government organization; revises to maximize efficiency; coordinates administrative functions with appropriate city, county, state and federal government agencies. Prepares detailed reports or presentations based on research, analysis and evaluation of data pertaining to specific projects, involving application of expert or highly technical knowledge; makes recommendations for action to be taken or resolution of problems. Negotiates and performs contract management duties for professional service agreements; oversees capital project progress. Prepares annual City budget by compiling revenue and expense figures; presents budget to City Council; reviews, monitors and controls all financial transactions of the City. Meets and confers with City officials, various government officials, other agencies and the public on all aspects of municipal government administration; answers inquiries and complaints; provides information. Directs, instructs, explains and counsels subordinate workers who are at the level of Department Head; monitors performance of all personnel by reviewing performance appraisals prepared by supervisors; authorizes merit increases. ---PAGE BREAK--- HUMAN RESOURCES OFFICER: Administers City's Human Resources and Benefits Program, developing and revising policies, interprets for Departments or employees; performs all human resource duties as specified by Municipal Code and City Human Resource Policy and Procedure Manual. RISK MANAGEMENT: Manages City’s Risk Management Program including property, casualty and health insurance programs. MINOR TASKS: Assigns to subordinate supervisors the authority to direct the operations and supervise the personnel within their assigned responsibility. Attends professional seminars, meetings, conferences in order to keep abreast of current trends in the field. Performs related tasks as required. KNOWLEDGE AREAS: Thorough knowledge of principles, concepts and practices of public administration; thorough knowledge of principles; concepts and current practices of government management, including budget development and control, personnel and purchasing management; thorough knowledge of all phases of municipal operations; knowledge of research methods. SKILL/ABILITY AREAS: Skill in application of knowledge (as described); skill in oral and written communication; ability to establish and maintain effective interpersonal relationships with employees, other agencies, public officials and the public and to deal with public relations problems courteously and tactfully; skill in organization, planning and supervision of personnel; ability to recognize and analyze administrative problems and effective recommendations for their solution. SPECIAL CONDITIONS OF WORK: Contractual agreement with City Council. LEGAL REQUIREMENTS: Valid Wyoming Driver's License, Class C. RECOMMENDED PREPARATION FOR EMPLOYMENT: Completion of course work at the master's level in public administration or related field AND three years of progressively responsible experience in a supervisory, technical, or professional area related to management or administration. An equivalent combination of education and experience will be evaluated for relevance to assignment in this position class. ---PAGE BREAK--- Amendment Number Three At-Will Employment Contract Between City Of Douglas, Wyoming And Tony Tolstedt Page 1 of 3 AMENDMENT NUMBER THREE AT-WILL EMPLOYMENT CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND TONY TOLSTEDT 1. Parties. This Amendment is made and entered into this day of 2014, by and between City of Douglas, Wyoming, a Wyoming municipal corporation (hereinafter referred to as “City”), whose address is 101 N. 4th Street, P.O. Box 1030, Douglas, Wyoming 82633 and Tony Tolstedt (hereinafter referred to as “City Administrator”), whose address is 1064 Riverbend Dr., Douglas, WY 82633 For and in consideration of the mutual promises and covenants set forth below, City and City Administrator agree to the following: 2. Purpose of Amendment. This Amendment shall constitute the third amendment to the Original Agreement between City and City Administrator which was duly executed on the 13th day of August, 2012. The first amendment of the Original Agreement was duly executed on the 24th day of October, 2012 was to pay City Administrator a vehicle allowance. The second amendment of the Original Agreement was duly executed on the 24th day of June, 2013 was to increase the City Administrator’s annual salary, revise accrual of vacation leave, increase life insurance coverage and time period for severance pay. The purpose of this amendment is to increase the City Administrator’s annual salary, align accrual of vacation leave to the same limits as City employees, provide an educational assistance benefit and increase the time period for severance pay. 3. Additional Terms of Agreement. It is mutually agreed by and between the parties to revise the following paragraphs in the Original Agreement to read as follows. 3.01. Salary. In consideration of the services provided by City Administrator as set forth in Section 5 of this Contract, City agrees to pay City Administrator an annual base salary of ninety-nine thousand dollars ($99,000.00) payable in installments at the same time that the other City employees of City are paid. As provided in Laws 1992, Chapter 71, Section City shall withhold applicable state and federal taxes from City Administrator’s salary. . 3.07. Vacation, Sick, and Military Leave. Upon commencing employment, City Administrator shall be credited with forty hours (40) or the equivalent of one week vacation leave and beginning September 18, 2012, City Administrator shall accrue vacation leave at the rate of three weeks per employment year. Upon commencing employment, City Administrator shall also be credited with fifteen (15) sick ---PAGE BREAK--- Amendment Number Three At-Will Employment Contract Between City Of Douglas, Wyoming And Tony Tolstedt Page 2 of 3 days. City Administrator shall accrue sick leave at the rate provided to other City employees with equivalent service. City Administrator is entitled to accrue all unused vacation or sick leave, with the same limits as apply to other City employees. If City Administrator’s employment is terminated, either voluntarily or involuntarily, City Administrator shall be compensated for all accrued annual vacation leave time. Vacation leave accrued beyond the limits as apply to other City employees will be forfeited on the same basis as other City employees forfeit unused vacation leave. City Administrator shall be entitled to military reserve leave time pursuant to State law and City policy. 3.10. Professional and Civic Development. City agrees to budget and pay for the civic and professional membership dues and subscriptions of City Administrator necessary for City Administrator’s continuation and participation in national, regional, state and local associations necessary and desirable for City Administrator’s continued professional participation, growth and advancement, and for the good of City. Developing and maintaining professional association contacts and standing provide City access to valuable resources, and the reasonable participation and related travel by City Administrator as provided for in the annual budget will be part of the City Administrator’s duties. City also supports the City Administrator advancing his education in the area of Human Resources. To defray expenses such as tuition, and books, City Administrator shall be eligible for up to $11,300.00 per fiscal year in educational assistance to attend an accredited institution in the field of Human Resources The education assistance shall constitute a non-taxable benefit and shall not be included as wages to City Administrator. The City Administrator shall provide documentation to City Council upon completion of any class. 3.16. Severance Pay. In the event City Administrator is terminated without cause by City Council pursuant to Paragraph 5.11 herein and during such time, City Administrator is willing and able to perform the duties of City Administrator, under this Contract, City agrees to pay City Administrator the salary and employment benefits of City Administrator for ninety (90) days unless City Administrator accepts any employment during the ninety (90) days. This severance pay shall be paid in installments and such severance pay is in lieu of any unemployment compensation benefits to which that City Administrator may be entitled. The value of all vacation leave, holidays and other benefits accrued by, or credit to, City Administrator shall be paid regardless of City Administrator accepting employment. No severance payment is due from City if City Administrator resigns or is terminated with cause pursuant to Paragraph 5.11 herein. 4. Same Terms and Conditions. With the exception of items explicitly delineated in this Amendment, all terms and conditions of the Original Agreement between the City and City Administrator shall remain unchanged and in full force and effect. ---PAGE BREAK--- Amendment Number Three At-Will Employment Contract Between City Of Douglas, Wyoming And Tony Tolstedt Page 3 of 3 5. Entirety of Amendment. This Amendment, consisting of three pages presents the entire and integrated Amendment between the parties and supersedes all prior negotiations, representation, and agreements, whether written or oral concerning the subject hereof. IN WITNESS WHEREOF, the Douglas City Council has caused this Contract to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and City Administrator through their duly authorized representatives has signed and executed this Contract, the day and year first written above. CITY OF DOUGLAS, WYOMING: By: Bruce Jones, Mayor Karen Rimmer, City Clerk CITY ADMINISTRATOR: Tony Tolstedt Date ---PAGE BREAK--- ---PAGE BREAK--- COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. ICMA Code of Ethics with Guidelines The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in September 2013. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Tenet 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Tenet 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. GUIDELINE Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. Tenet 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. GUIDELINES Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA’s Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. ---PAGE BREAK--- COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person’s motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. Tenet 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. GUIDELINE Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. Tenet 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. GUIDELINE Conflicting Roles. Members who serve multiple roles – working as both city attorney and city manager for the same community, for example – should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. ---PAGE BREAK--- COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. GUIDELINES Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office Elections relating to the Form of Government. Members may assist in preparing and presenting materials that explain the form of government to the public prior to a form of government election. If assistance is required by another community, members may respond. Presentation of Issues. Members may assist their governing body in the presentation of issues involved in referenda such as bond issues, annexations, and other matters that affect the government entity’s operations and/or fiscal capacity. Personal Advocacy of Issues. Members share with their fellow citizens the right and responsibility to voice their opinion on public issues. Members may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties. Tenet 8. Make it a duty continually to improve the member’s professional ability and to develop the competence of associates in the use of management techniques. GUIDELINES Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of ICMA. Tenet 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. ---PAGE BREAK--- COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. GUIDELINE Information Sharing. The member should openly share information with the governing body while diligently carrying out the member’s responsibilities as set forth in the charter or enabling legislation. Tenet 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member’s decisions, pertaining to appointments, pay adjustments, promotions, and discipline. GUIDELINE Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members’ personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. Tenet 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. GUIDELINES Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift—whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form—under the following circumstances: it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member’s personal interest requires special consideration. This guideline recognizes that members’ official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on “Confidential Information”). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. ---PAGE BREAK--- COPYRIGHT © 2013 BY THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. ALL RIGHTS RESERVED. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager’s spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: books or other publications; professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; products and/or services in which the local government has a direct economic interest. Members’ observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. ---PAGE BREAK--- YOU’RE ELECTED…. NOW WHAT? As you’ll quickly learn, a municipality is a very complex organism. As governmental entities go, it’s at the lower end of the financial food chain, while also being very close and most visible to the people. There are many things for you to be concerned about, to learn about, and to be able to inform your constituents about. Following are some thoughts about a few of the things that you’re going to become acquainted with. Finances. This is typically your biggest headache, since scarce resources is generally the case for cities and towns. However, the City of Douglas is experiencing high sales tax revenues and has been over the last few years. As one of the elected officials of your community, your responsibility is now to bring your wisdom, experience, leadership, education, and representative vote to bear on serving as one of the board of directors of the municipal corporation you call home. It’s your responsibility to provide for the needs and wants of the people who elected you. You will need to help your constituents understand how your city is financed, what can and cannot be afforded in the way of services, and that those services must be paid for. In short, there’s no free lunch, but when there is extra money, it is your responsibility to ensure that these public funds are spent wisely and used in the best interest of the needs of our community Taxes. They’re a major part of financing. Certainly, you want them to be lower. Don’t we all? However, Wyoming municipalities have very little taxing authority – that comes from the state! Taxes are just one source of revenue you’ll have to rely upon to have well-rounded operations and meet citizen needs and desires. In fact, you’ll need to know about all the revenue sources available to your local government. You’ll learn that you need to look at the big picture of all sources of funds and all services before doing much adjusting. Sometimes, what might look like a small “tweak” in a limited area can have impacts on other parts of your operations. And neither you nor the citizens will like the result. You need to be a real student of all financial matters. Mayor. The mayor has some universal roles - to preside at the council meetings, to have one vote on all matters coming before the council and to serve as the ceremonial “chief of state.” In communities without a City Manager or Administrator, the mayor is the chief administrative officer. If your community has a professional administrator, that person is charged with supervising the day-to-day activities of the organization. If you are the mayor, you need to remember that you share the leadership role, the spotlight, and the responsibility for elected office with the members of the city council. Council Members. You have one vote, and each of them has one vote. You’ll have to take a crash course in consensus-building. All the others won’t always agree with you, nor will you always agree with them. Your job will be to educate and convince them. And you’ll have to do the same with your constituents, too. County Commissioners. Despite the apparent differences in the ways each of you sees the world, you’ll all get to know what objectives drive our county elected officials. When you do, the city and the county can find some common ground to deliver the citizens more bang for the buck. Working in conjunction with our county, and even other governmental agencies, works to benefit our community as a whole. ---PAGE BREAK--- Staff. Governance of your community relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administerCouncil’s policies. This group of very dedicated appointed people who work for local government is a treasure. They’ll be glad to give you a tour of their area of responsibility and share their observations. The sooner you do this, the better prepared you’ll be to vote knowledgeably when called upon to do so. And you’ll also be in a much better position to knowledgeably talk with constituents. City Clerk. If yours is a small town, this is an especially important person. Often, after the mayor, the city clerk must operate as the central authority for the city. The city clerk can be a great help to you, if you will rely on him/her for information and advice. City Manager or City Administrator. If your city operates under the council- manager/administrator form of government, you have one of these. The city manager or administrator is the chief administrative officer of the city and usually has responsibility to hire and fire personnel. This person works for the whole council. City Attorney. You need one! The statutes granting authority to cities in Wyoming are extensive and explicit. The actions you take as a mayor or a councilmember must comply with those statutes. In some cases, mandates have been imposed without thought about how you will pay for them. That becomes your responsibility. Your city attorney can be a major help in leading you through many potential minefields. And certainly keeping out of jail is always a good thing. Police. You haven’t forgotten that cop who gave your teenaged son or daughter a ticket a block from your house last year. You’d like to see that she or he gets fired. Hold on! You can’t just fire one of them. You have to have a substantiated reason. And, just perhaps, your teenager really did go sailing through that intersection without slowing down. Be cautious. Police officers have a very tough job. It would be best for you to get to know more about it. And you’ll know much more about your city if you take time to listen and to learn. Fire. You want to check to see if those firefighters are really busy, or whether they just play checkers and watch television when they’re not fighting fires. In the vast majority of cities they are very dedicated to fire, medical emergencies, and general safety. During times when they’re not answering a fire or medical emergency alarm, they’re training, maintaining equipment, and doing fire inspections and planning. In the smaller places, they’re probably volunteer firefighters. They’re working their regular job, and the fire and emergency business is something they do out of dedication to the safety of the community. Water. You can’t just assume that when you turn on your faucet, clean water will flow. And how clean is your city’s water supply? Are the mandates of the Clean Water Act being met? Do you have adequate fire flow? How reliable is your source of supply? Do you have adequate water rights? Are the user rates based on a cost of service model? Water supply is a basic service, and as a council member you’ll need to be able to answer constituents’ questions. City staff is your source of information. Sewers and sewage treatment. Flush! What happens? Did you ever think about that? If your city controls a treatment facility, are the discharge requirements being met? Is a pollution problem being created that shouldn’t be? Are your operators able to meet their certification requirements? Is city hall getting complaints about odor? Is the system being subsidized by ---PAGE BREAK--- the general fund? Why? It shouldn’t be. Your constituents will expect you to know the answers. Streets. Potholes. You’ll want to know about them, about how they need to be repaired, and how much it costs to repair them. You may already be getting phone calls from citizens about them. Or . . . a state highway goes through your city. During the campaign, it was clear that a lot of people who live along it really want to have the speed limit decreased to slow down the traffic. So now that you’ll be the mayor or on the council, you’ll just bring in an ordinance, get it adopted, and fix the problem. Right? Wrong! It’s a neat idea, but you don’t have the authority. Wyoming law specifies how and within what limitations you can change speed limits. Planning and land use. You want your city to do its best to be and remain a nice, livable place. Of course you do. You don’t want that new solid waste transfer station to locate right next to the nicest residential neighborhood in the city. Or you want nice commercial enterprises to be built in a sound development, rather than just in strips along both sides of that new stretch of highway. That’s where planning and zoning come in. You’ll probably find that you’ll spend as much as a third of your council time dealing with land use issues. Educate yourself about them. Learn what the state laws authorize and require. Talk with experienced council members in nearby cities and learn about their good and bad experiences. Garbage! No, you can’t just dump it in the nearest ravine. It’s no longer a “dump” – it’s a very complex municipal solid waste management facility. You need to become informed, and you need to tread softly among the garbage. After all, you definitely won’t want contamination from the landfill to flow underground into your primary well field that supplies most of the city’s water. Dogs and cats. People’s pets often appear to be more important to them than their kids. Just try to abruptly enforce a very stern leash law with large penalties, and you’ll find out. This is an area where “deliberate” and “in response to citizen requests” really begins to be demonstrated. This is also an area where the mayor and council need to be unified with a public support group. Then perhaps there won’t be a war. Parks and recreation. This can be a very pleasurable area of your new responsibility. Or it can be a nightmare! Some cities develop their recreational space in conjunction with the schools. In some instances, that will make public dollars go further. Now, assume that your city has had a highly developed little league baseball program for many years. In fact, during the season, the ball fields are in constant use. Good! Right? But recently, there’s a real movement in the city or town to also get deeply involved in soccer. The fields are taken up with baseball. There simply isn’t daylight field time available for the proposed new soccer league. What can you do about it? Chances are, there simply isn’t money to acquire and build a new field for soccer, let alone maintain it properly so it will support hard use. This is a good example of a situation that requires all the interested parties to get around a table and put all the facts, desires, finances, and possibilities out for all to clearly see. Intergovernmental relations. You might not even like the term. But in these days of energy boom and large impacts on many different aspects of our community, you may not have a choice. There are lots of examples out there of local governments that routinely do something in concert with another entity, be it a special district, city, county, or whatever. Or it’s contracted with a private organization. The result can be a better service for less money, or one that provides better service for the same amount. In some instances, federal and state ---PAGE BREAK--- mandates are approved by higher level legislative bodies that require you to do things in concert with others. In those cases, you won’t have any choice about being involved in intergovernmental relations. It’s probably best if you can view the subject as a potential opportunity. Open meetings. Under the Wyoming Open Meetings Law, the general rule is that every regular, special, or called meeting of a governmental body must be open to the public and comply with all the requirements of the law. You will need to understand the guidelines for purely social gatherings of the governing body at conventions and workshops. What about closed meetings, also known as executive sessions? The news media covering your meetings will be watching any use of closed sessions very closely and will report on them, especially if something improper has been done. Public information. Under the Wyoming Public Information Act, the general rule is that any member of the public has a right to access any information that is collected, assembled, or maintained by or for a city, with the exception of personnel files and medical records. The Act applies to all city records, regardless of format, including email! Public information includes information that is maintained on paper, tape, microfilm, video, and electronic data held in a computer memory, as well as any other medium. Getting started. In this time of increasing demands for services, you, as an elected official, are in a position to provide a key link with the public. You were elected with hope, both on your part and on that of those who elected you. Your role in teaching your constituents will be a most unique and necessary one. You hope you won’t regret that you ran for city office and that you’ll like serving the city where you live. You don’t have to become an expert in everything instantly. You owe it to yourself to become educated. And you owe it to the people who elected you to be able to teach them that being an elected official isn’t always easy, and that many issues are very complex. You need the necessary background information to make knowledgeable and wise decisions. Don’t forget about those training sessions for city officials that are available through the Wyoming Association of Municipalities (WAM). And don’t forget that WAM is available to you as a resource. Now, it’s time to get started. A good place to start is to meet the city staff and to ask them to give you a tour of their areas of responsibility. Again, welcome aboard! Good luck, and enjoy! ---PAGE BREAK--- Ethics & Conflict of Interest for Wyoming Municipal Elected Officials This brochure was compiled by the Leadership Training Services Board. Wyoming Association of Municipalities 2009 ---PAGE BREAK--- Wyoming Association of Municipalities The Athenian Oath We will never bring disgrace to this our city by any act of dishonesty or cowardice, Nor ever desert our suffering comrades in the ranks; We fight for the ideals and the sacred things of the city, both alone and with many; We will revere and obey the city’s laws and do our best to incite to a like respect and reverence for those who are prone to annul or set them at naught; We will strive unceasingly to quicken the public sense of public duty; That thus, in all these ways, we will transmit this city not only not less, but greater, better and more beautiful than it was transmitted to us. Introduction This handbook was developed to provide local government officials with a framework for examining ethics in local government, to improve officials’ own ethical judgments, and to minimize the risk of conflict of interest. Public officials are encouraged to consult legal counsel, their own municipal codes and personnel policies for specific rules and regulations concerning ethics and conflict of interest. ---PAGE BREAK--- Ethics for Municipal Government 1 Ethics Ethics is the development of standards of human conduct. Every culture has developed an ethic of its own. The moral regulation of behavior has been necessary for as long as people live together in groups. High ethical standards are critical to a local government’s credibility with the public. Although it is impossible for laws to ensure ethical conduct, there are many ways that an organization can encourage and nurture ethical values. • Municipal officials are agents of public purpose and hold office for the benefit of the public. • They are bound to uphold the Constitution of the United States and the Constitution of the State of Wyoming and to carry out impartially the laws of the nation, state, and municipality and thus to foster respect for all government. • They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. • Their conduct in both their official and private affairs should be above reproach. High-quality public servants have: A sense of responsibility toward the community as a whole High standards in the quality of work performed A deep regard for fairness Honesty and integrity in all dealings A desire to do work that is Friendliness and respect toward citizens and colleagues A sense of humor and compassion Dedication and a cooperative attitude Belief in the democratic process How do you establish standards? Legal is the minimal standard. It provides the outer boundaries of conduct – what you can and can’t do. Ethical is that set of behavior standards for everyone who works in the organization Moral is guided by personal principles, values and virtues. This is the highest personal standard. If the law tells you what you should not do, ethics tells you what you should do, and morals tell you what to aspire to do. • • • • • • • • • • • • ---PAGE BREAK--- Wyoming Association of Municipalities 2 Wyoming State Law Open Meetings Act (WSS 16-4-401) All meetings of the governing body are public meetings, open to the public at all times, except executive sessions. Meeting * An assembly of at least a quorum of the governing body * Called for the purpose of discussion, deliberation, presentation of information or taking action Requirements * No action shall be taken except during a public meeting following notice of the meeting * An action taken at a meeting not in conformity of this act is null and void * Minutes must be kept * Special meetings may be called by the presiding officer of a governing body by giving notice to each member and to official newspaper. • Shall state time and place of special meeting and business to be transacted. No other business shall be considered at a special meeting. Executive Sessions * The following topics are allowed: • Employment issues • Litigation • National security • Licensing (preparing, administering or grading examinations) • Potential real estate purchases • Consideration of donations requested to be kept confidential • Compensation negotiations * Minutes must be maintained but remain confidential * If a member attends or remains at a meeting where action is taken knowing that the action is a violation of the act, the individual is guilty of a misdemeanor unless the member publicly objects and asks that the objection be recorded in minutes. • • • • ---PAGE BREAK--- Ethics for Municipal Government 3 Ethics and Disclosure Act (WSS 9-13-101, et seq.) Applies to mayors and council members • Use of title and prestige of office (9-13-103). No public official or employee shall use his office or position for his private benefit or receive anything of value for the private benefit of the official unless the thing of value was conveyed for a reason unrelated to the recipient’s holding public office. Cannot use position or title for private benefit. Private benefit means receipt of a gift which resulted from holding of office. A “gift” is the act of giving money or a favor to an individual in a position of trust to influence his or her judgment or conduct, and is prohibited. Receipt of a “gift” would violate this statute if received from: a person seeking to obtain a contract, grant, loan, employment, or any financial relationship from or within the city. a person or business having a financial relationship with the city. a person or business whose operations or activities are regulated or inspected by the city. a principal and/or attorney in proceedings in which the city is an adverse party. any person or business where the performance or nonperformance of any official duty may be affected or influenced. Receipt of a “gift” under these circumstances would not violate the law: Acceptance of gift from family member or close personal friend, when circumstances make it clear that the motivation for the gift is the family relationship, or traditional practices among close friends. Printed, informational, educational or promotional material. A gift that is not used and is returned to the donor or given to charity within 30 days Certificate or plaque with a value of less than $250 Food and beverage Travel, registration, lodging, per diem Small tokens or favors given to everyone attending a function or celebrating an occasion Legal political contribution made to, and reported by, a duly registered campaign committee. • • • • • • • • • • • • • ---PAGE BREAK--- Wyoming Association of Municipalities 4 Nepotism (9-13-104) Cannot advocate or cause the employment, appointment, promotion or advancement of a family member Cannot supervise or manage a family member The nepotism law is very broad and absolute in the prohibitions described Misuse of office (9-13-105) Use of Public Property - Cannot use public funds, time, personnel, facilities or equipment for private benefit or that of another unless the use is authorized by law. Confidential Information - Cannot disseminate official information which is obtained through or in connection with his position, unless the information is available to the general public or unless authorized by law. Official decisions and votes (9-13-106) Cannot make an official decision or vote if there is a personal or private interest in the matter Must abstain from voting only in clear cases of personal or private interest - Important to weigh against his or her right to represent his or her constituency * Direct and immediate interest as opposed to speculative or remote * Interest provides a greater benefit or lesser detriment than for large group similarly situated Shall not vote or give money or any direct financial benefit to himself except for tax reductions affecting the general public. Violations of the Ethics & Disclosure Act constitutes a misdemeanor with a fine up to $1000 and constitutes sufficient cause for removal from office. Prohibitions from interests in contracts (WSS Section 15-1-127) • Applies to mayors and council members and immediate family • Cannot receive any monetary or other economic benefit from any contract to which the municipality is a party • Contract is void if not in compliance with this statute • Exception (not a conflict of interest if): * No participation in consideration or discussion of contract * No attempt to influence in any way * Must reveal the nature and extent of any monetary or other economic benefit * Shall not vote * Shall absent himself during consideration, discussion and vote on the contract * Shall not act, directly or indirectly, for the municipality in inspection, operation, administration of contract • • • • • • • • ---PAGE BREAK--- Ethics for Municipal Government 5 Gratuities – (WSS 15-1-128) • Applies to mayor, council members and employees of municipality • May not solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage from any improvement, alteration or repair or any contract to which the municipality is a party, except lawful compensation as an officer or employee. * This statute creates greater restrictions on acceptance of gratuities than the Public Ethics and Disclosure Act (WSS 9-13-101). • May not solicit or accept any pass, free ticket, free service or other favor upon terms more favorable than the public’s, from any public service corporation or public utility. (No lobbying or gifts given to municipal officials). • Violations * Subject to removal from position Financial Disclosure (WSS 6-5-118) – Conflict of interest; public investments; disclosure required; penalty; definitions • Public officers or public servants who invest funds for unit of government, or who have authority to decide how public funds are invested must disclose benefit or interest in entity. Disclosures shall be made annually in a public meeting and shall be made part of the record of proceedings. Unlawful Interest in public contracts or works (WSS 16-6-118) • Unlawful for any person holding office, either by election or appointment, to become interested, either directly or indirectly, in any contract in which he may be called upon to act or vote. • Cannot offer to take or receive any money or thing of value, as a gift or bribe, or means of influencing his vote or action in his official capacity. • If official discloses interest and absents himself during the considerations and vote, and does not attempt to influence the vote, does not violate law and contract can be let to official or his company. ---PAGE BREAK--- Wyoming Association of Municipalities 6 The “Appearance” Test How comfortable would you be if a newspaper article described the situation and your role in it on the front page of the newspaper? The public interest is best served by engaged representatives who are knowledgeable about their community. When their private lives intersect with their public duties, what steps should they take to ensure that they act in the best interests of the public they serve and in a manner that promotes confidence in their actions? If you find yourself in a similar situation, first discern whether there is any connection between an official action you are about to take and your personal life. Seek counsel to have a clear understanding of your legal obligation. If your participation meets the legal test, consider next whether it will meet the appearance test. Disclose any personal relationship in any instance where there could be the appearance of a conflict of interest. If the conflict is significant enough that a reasonable person would question whether you are acting in the public’s best interest, consider disengaging from the process early on. After all, disclosure doesn’t cure all conflicts of interest. When faced with a conflict of interest, remember the 3-D strategy: discern, disclose, disengage. Ethics is not about obeying laws and rules. Ethics is about doing what is right. ---PAGE BREAK--- Page 1 of 5 Updated 2014 GUIDELINES FOR ELECTED OFFICIALS OF THE CITY OF DOUGLAS Overview of Roles and Responsibilities This document is designed to describe the manner in which council members should treat one another, City staff, constituents, and others they come into contact with in representing the City of Douglas. It attempts to define more clearly the behavior, manners and courtesies that are suitable for various occasions and is designed to make public meetings and the process of governance run more smoothly. All members of the City Council, including the Mayor and Mayor pro tem, have equal votes and voice. With the exception of the Mayor’s veto power, no council member has more power than any other council member, and all should be treated with equal respect. All council members should:  Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration and courtesy to others.  Prepare in advance of council meetings and be familiar with issues on the Agenda.  Represent the City at ceremonial functions as requested.  Stay focused and act efficiently during public meetings.  Serve as a model of leadership to the community.  Provide contact information with the City Administrator in case an emergency or urgent situation arises while the council member is out of town.  Demonstrate honesty and integrity in every action and statement. City Council Meeting Protocol Meeting Chair. The Mayor will chair officials meetings of the City Council, unless the Mayor pro tem or another council member is designated in the Mayor’s absence. The Mayor shall:  Maintain order, decorum and the fair and equitable treatment of all speakers.  Keep discussion and questions focused on specific agenda items under consideration.  Make parliamentary rulings with advice, if requested, from the City Attorney. Use Formal Title.  The Council and staff should refer to one another formally during public meetings as Mayor, Councilmember, City Administrator, followed by the individual’s last name.  Practice civility and decorum in discussions and debate. Shouting or physical action that could be construed as threatening will not be tolerated.  Honor the role of the chair in maintaining order.  Avoid personal comments that could offend other council members. ---PAGE BREAK--- Page 2 of 5 Updated 2014 Dress Code.  City Council and staff should wear appropriate attire to public meetings, which is generally defined as business casual. T-shirts, sandals, shorts, or similar clothing would not be appropriate attire. Non-Agenda Items. During a designated period of the Agenda, citizens, Council members and staff may bring forth issues or questions that are not on the meeting’s agenda. Topics should be items requiring action by the City Council, study issues for future consideration, and requests for information. Each speaker will be limited to five minutes. Public Hearings. In a public hearing, the applicant shall have the right to speak first. Staff explanations may be called for either before or after the applicant speaks. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determine how much time will be allowed for each speaker, with three to five minutes the standard time granted. The applicant will be allowed to make closing comments. Council members will not express opinions during the public hearing portion of the meeting, except to ask pertinent questions of the speaker or staff. “I think” and “I feel” comments by council members are not appropriate until after the close of the public hearing. Council members should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view.  Be fair and equitable in allocating public hearing time to individual speakers. No speaker should be turned away unless he or she exhibits inappropriate behavior. Each speaker should only speak once during a public hearing, unless the Council requests additional clarification. After the close of a public hearing, no more public testimony will be accepted unless the Chair reopens the public hearing for a limited and specific purpose. Council Conduct with the Public In Public Meetings. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.  Be welcoming to speakers and treat them with care and gentleness. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity.  Give the appearance of active listening. It is disconcerting to speakers to have council members not look at them when they are speaking. It is fine to look down at documents or make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as “smirking”, disbelief, anger or boredom.  Ask for clarification, but avoid debate and argument with the public. Only the Chair, not individual council members, can interrupt a speaker during a presentation. However, a council member can ask ---PAGE BREAK--- Page 3 of 5 Updated 2014 the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language a council member finds disturbing.  If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by council members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.  No personal attacks of any kind, under any circumstance. Council members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive.  Make no promise on behalf of the Council. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific. (Fix a pothole, plant new flowers, etc.)  Make no personal comments about other council members. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other council members, their opinions and actions. Council Conduct with City Staff Governance of the City relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.  Treat all staff as professionals. Clear, honest communication that respects the abilities, experience and dignity of each individual is expected.  Limit contact to specific City staff. Questions of City staff and/or requests for additional background information should be directed only to the City Administrator or appropriate Department Heads. Requests for follow-up or direction to staff should be made only through the City Administrator, when appropriate. When in doubt about what staff contact is appropriate, council members should ask the City Administrator for directions. Materials supplied to a council member in response to a request will be made available to all members of the council so that all have equal access to information.  Never publicly criticize an individual employee. Council should never express concerns about the performance of a City employee in public, to the employee directly or to the employee’s supervisor. Comments about staff performance should be made to the City Administrator through private correspondence or conversation. Staff Support. Routine secretarial support will be provided to all council members. All mail for council members is opened by the City Clerk’s office, unless other arrangements are requested. Mail addressed to the Mayor is reviewed first by the City Administrator, who notes suggested action and/or follow-up items. ---PAGE BREAK--- Page 4 of 5 Updated 2014 Requests for additional staff support – even in high priority or emergency situations – should be made to the City Administrator, who is responsible for allocating City resources in order to maintain a professional, well-run City government. Council Conduct with Boards and Commissions The City has established several boards and commissions as a means of gathering more community input. These citizens are a valuable resource to the City’s leadership and should be treated with appreciation and respect.  If attending a Board or Commission meeting, be careful to only express personal opinion. Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process. Any public comments by a council member at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council.  Limit contact with board and commission members to questions of clarification. It is inappropriate for a council member to contact a board or commission member to lobby on behalf of an individual, business or developer. It is acceptable for council members to contact board or commission members in order to clarify a position taken by the Board or Commission.  Remember that Boards and Commissions serve the community, not individual council members. Board and commission members do not report to individual council members, nor should council members feel that they have the power or right to threaten board and commission members with removal if they disagree about an issue. Appointment and reappointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. Council Conduct with the Media Council members may be contacted by the media for background and quotes.  The best advice for dealing with the media is to never go “off the record”. Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.  The Mayor or City Administrator is the official spokesperson representing the City’s position. The Mayor or City Administrator is designated to present and speak on the official City position. If an individual council member is contacted by the media, the council member should be clear about whether their comments represent the official City position or a personal viewpoint.  Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. Sanctions  Public Disruption. Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the council chambers. ---PAGE BREAK--- Page 5 of 5 Updated 2014  Inappropriate staff behavior. Council members should refer to the City Administrator any City staff who do not follow proper conduct in their dealings with council members, other City staff or the public. These employees may be disciplined in accordance with standard City procedures for such action.  Council members behavior and conduct. City Council members who intentionally and repeatedly do not follow proper conduct may be reprimanded by the Council. Serious infractions could lead to conflict of interest violations, as defined by Wyoming State Statutes. Principles of Proper Conduct Proper conduct is …  Keeping promises.  Being dependable.  Participating and being available.  Demonstrating patience.  Showing empathy.  Listening attentively.  Studying thoroughly.  Keeping integrity intact.  Modeling a professional manner. Proper conduct is not …  Showing antagonism or hostility.  Deliberately lying or misleading.  Speaking recklessly.  Spreading rumors.  Stirring up bad feelings.  Acting in a self-righteous manner. It all comes down to respect Respect for one another as individuals … Respect for the validity of different opinions … Respect for the democratic process … Respect for the community that we serve. ---PAGE BREAK--- 10 HABITS OF HIGHLY-EFFECTIVE GOVERNING BODIES Carl H. Neu, Jr. Lakewood, Colorado Local government operations directly affect our daily existence and experiences and the quality of life we perceive we have within our communities. No local government deserves, nor should its citizens tolerate, governing bodies and elected and appointed public officials who don’t exhibit extraordinary effectiveness, integrity and competence in leading their community’s public institutions. Thomas Cronin, a recognized authority on public policy, defines leadership as, “making things happen that might not otherwise happen, and preventing things from happening that ordinarily might happen. It is a process of getting people together to achieve common goals and aspirations. Leadership is a process that helps people transform intentions into positive action, visions into reality.” The quality of leadership effectiveness demonstrated by a governing body and its ability to be highly-effective are not attributes bestowed upon it by a swearing-in ceremony. They are the result of disciplined adherence to a set of fundamental principles and skills that characterize highly-effective governing bodies. Listed below are 10 “habits” of highly effective governing bodies based upon the author’s observations of hundreds of city, county, special service district and school district governing bodies over the last twenty years. 1. Think and Act Strategically A governing body’s primary responsibility is not just to make policy or do its “Roman Emperor” routine (thumbs up or thumbs down) on agenda items at public meetings. It is to determine and achieve citizens’ desires for the community’s future. Governing bodies and their administrative teams must accept responsibility for shaping the future of the community by expanding their mental horizons to identity and meet the challenges that must be addressed through decisive leadership and goals for the attainment of that future. A strategic leader always comes at you from the future and takes you “back to the future” from the present. This leadership adventure starts with vision, and evolves to defining the strategic issues that must be mastered to achieve the vision. The next step is the development of long-range goals that address these strategic issues and which provide decision-making and budgetary focus for the successful implementation of these goals. Living from one annual budget to another, and from one meeting to the next, condemns your community and its future to happenstance and the type of thinking that befuddles national governance and policy. For this reason, polls show an overwhelming majority of citizens want important issues affecting their lives to be decided at the local, “home town” level. Here, they expect leadership, sound thinking, decisive action, and accountability for results. Neu and Company and the Center for the Future of Local Governance, 1997,2002. All rights reserved. Winword 9/97/Word 8.0 12/02 ---PAGE BREAK--- 2. Respect "shared constituency": what do the people need? No city, town, county, local government jurisdiction or non-governmental community entity is an island. The actions and decisions of any one affects all others. But, there is an even more profound reality: most governmental jurisdictions and non-governmental entities overlap in representing and providing service to the same people, i.e., shared constituencies. For example, any given citizen is represented and served simultaneously by the federal, state, county, and city governments plus the school district, special purpose districts, neighborhood associations, chambers of commerce, newspaper publishers, non-profits, etc. These governments and community entities usually see themselves as separate institutions, often with conflicting and competing agendas rather than as components contributing in a coordinated and integrated manner to seamless service delivery meeting the citizens’ needs. Frequently, local governments and community entities operate as special interests advocating their particular institutional needs and prerogatives They fail to define how a public service category meeting the needs of a community of shared constituents (public safety, transportation, community development, human services, health care, education, etc.) is defined and functions in a seamless manner with each jurisdiction and entity ensuring its appropriate contribution to the effective and efficient performance of the whole service system. An example of a service category system is roads. A citizen expects to be able to get from point a to point b on good quality roads that make this possible. That citizen does not want to think, nor cares about, "whose road am I on now; a federal, state, community or city road?" To that citizen "roads are roads" and it is up to all the government entities to make the system work! The same for public safety, and all services. When a sheriff's deputy can not communicate with a city police officer due to different radio systems and frequencies, it is a service system breakdown which doesn't meet the citizen's need for seamless effective service. Effective governing bodies recognize they must horizontally (local government with local government with community entities) and vertically (local government to federal and state government) coordinate and integrate to ensure citizens' needs are met. They also recognize that collaboration and integration work best if it originates at the local government, city and county, level. It is at this level where needs are best defined and responded to by service providers. In reality, all government, as it touches peoples daily lives and existence, is local. ---PAGE BREAK--- 3. Understand and Demonstrate the Elements of Teams and Teamwork Governing bodies by law, exist and have authority only when their members convene as a “body” to do business. Each member is a component of a corporate being which must speak, act, and fulfill its commitments with one voice, in a mature, effective and reliable manner. Governing bodies are collections of diverse individuals who come together to constitute and act as an entity, and only when operating as that entity do they exercise authority and perform in fulfillment of their purpose. This is a classic definition of team. Carl Larson and Frank LaFasto, two preeminent authorities on teams and teamwork, define team as an entity comprised of two or more people working together to accomplish a specific purpose that can be attained only through coordinated activity among the team members. In short, a team is an entity that exists to fulfill a specific function, or purpose, made up of disparate, interdependent parts (individuals) who collectively achieve a capacity that none of its members could demonstrate individually. Teams always have two components that one might call their components: systemicness and synergy. All teams are systemic, by definition, being made up of interdependent parts (people) who affect each other’s performance and that of the team. Synergy is the ability to achieve an effect, when working together as a team, that is more than the sum of the team members’ individual efforts. While all teams are systemic, relatively few are synergistic unless their members understand, master and demonstrate the fundamentals of teamwork which are: • a clear sense of purpose and goals; • clearly define roles and relationships that unite individual talents and capacities into team performance; • integration of members who have basic technical, interpersonal, and rational decision making competence; • a commitment to team success and quality performance; • a climate of trust, openness, and mutual respect; • clear standards of success and performance excellence; • the support, resources and recognition to achieve success; and • principled and disciplined leadership. Highly-effective governing bodies spend time building their sense of being a team and their skills for productive teamwork. ---PAGE BREAK--- 4. Master Small Group Decision Making Most local government governing bodies are classic small groups, with fewer than a dozen people. Small groups demonstrate certain skills and behaviors that “link” their members together. They also have clearly defined processes for making decisions in fulfillment of that group’s purpose. Figure 1 summarizes the “skill sets” essential to small group effectiveness. EFFECTIVE Small Group Decision-Making Interpersonal Skills Task Skills Rational Skills The ability to work and Knowledge to do a job Ability to deal with issues interact with others and problems rationally •Listening to/understanding of • Knows form and role of • Selecting and prioritizing the views of others organization issues to be addressed •Constructively confronting • Knowledge of law, policies • Analysis of issues and related and resolving differences and procedures facts • Supporting others and • Civility and manners • Identifying objectives – showing respect for their ideas • Professional-technical outcomes • Participating actively in knowledge • Considering alternative discussions strategies/courses of action • Taking ‘“time outs” to discuss • Assessment of obstacles and how well group members consequences interact with each other • Consensus decision making • Evaluation & follow-up Figure 1: Effective Small Group Decision-Making 5. Have Clearly Defined Roles and Relationships Each team member’s contribution to the team’s efforts and success must be defined in terms of roles to be assumed (functions) and how that role is to be carried out through one’s behavior (performance). Role has two elements: function, the specific responsibilities of that role irrespective of incumbency, and performance, how one occupying the role is expected to behave and fulfill his/her responsibilities. Most governing bodies, whether through charter, statute or ordinance, have clear definitions of their function. The performance component must be defined within the team through discussion and mutual definition of those behaviors and practices expected of the governing body’s members in the conduct of their duties and interactions. ---PAGE BREAK--- Vince Lombardi when asked, what makes a winning team, replied, “start with the fundamentals. A player’s got to know the basics of the game and how to play his (her) position. The players have to play as a team; not a bunch of individuals. The difference between mediocrity and greatness is the feeling the players have for each other,” (relationships). Teams talk about and define expected roles and relationships and give constructive feedback to their members on the degree to which they are fulfilling these expectations. 6. Honor the Board-Staff Partnership We have all heard the popular phrase, “the governing body makes policy, staff implements policy”. This is a total misconception of reality. Policy making and policy implementation are not distinct and separate functions. Policy making-implementation is a continuum of thought and relationships that transforms ideas and abstractions (visions, policies, goals, and plans) into defined, observable ends or outcomes (results, programs, projects, deliverable services). Board members and staff share this continuum as partners ensuring each other’s success. Each person plays an important role in creating sound policies and ensuring their effective implementation through reliable administrative practices and performance. Figure 2 depicts this partnership and continuum. ADMIN/MGR SPHERE BOARD’S SPHERE •Community •Political •Factors •Values •Gratification •Staff-Implementors •Performance Issues •Values-Expertise •Gratification GOVERNANCE-POLICY PROCESSES A D M IN A D M I N I S T R A T I O N P O L I C Y B O A R D A continuum - interaction M A N A G E M E N T A D M I N I S T R A T I O N P O L I C Y G O A L S / R E S U L T S M I S S I O N ---PAGE BREAK--- Figure 2: Board-Staff Partnership To what degree is this partnership understood, discussed, and respected by board members? John Carver, a widely acclaimed author who writes about boards that make a difference, describes this partnership as one in which boards define what needs are to be met and ends (outcomes) achieved. He believes that boards should allow staff, within board-established limits, to define the means for achieving these ends. He sees a board-staff linkage that empowers staff to do its tasks and be evaluated on the results produced. The board-staff partnership functions best when it is vision-driven and goals based. Boards that accept and abide by this partnership focus their energy on establishing vision and goals, on good policy, and on empowering effective staff performance. Those that do not do this, frequently fall prey to micromanaging; that is, they will perceive a need to become involved in, or retain approval over, staff activity and plans. A critical element and important board task in this partnership is the evaluation of the manager or administrator, based upon clearly defined goals, policies, and established guidelines on executive performance. 7. Allocating Governing Body Time and Energy Appropriately Time, especially to elected officials, is a critically precious and limited, commodity. The typical board or council operates as a governing body, providing governance, for relatively few hours; usually less than 200 hours annually, as compared to the typical 2400+ hours per work year for senior administrators. How boards allocate and use their time is vital to their leadership effectiveness and performance. Boards, like teams, “play” in a number of settings or “arenas” to achieve overall, peak performance. There are four board-staff arenas, and each must be appreciated for its purpose and contribution to a board’s effectiveness. • Goal-setting (retreats or “advances”) • Exploration and analysis (study sessions) • Disposition/legislation (regular public meetings) • Community relations (interactions with constituencies and other jurisdictions and agencies) Figure 3 identifies the purpose, typical setting, focus, and key characteristics of each arena. All four arenas are essential to highly-effective governing body’s fulfillment of its leadership, policy making, goal setting, and empowering responsibilities. ---PAGE BREAK--- ARENA GOAL-SETTING EXPLORATION & DISPOSITION- COMMUNITY ANALYSIS LEGISLATION RELATIONS Purpose • Establish vision • Explore potentials • Set goals • Direction/Priorities • -Community • -Services • -Staff action • -Budgets • Understanding the issue(s) • Problem identification • Selecting “best options” • Building commitment • Official action • Vote on items -Resolutions -Ordinances • Public input • Mobilization of support • Interaction with constituency- citizens • Building alliances • Outreach-liaison • Coordination with other entities Typical Setting Retreat/Advance - informal off-site workshop Study Session - conference room Public - formal board meeting in chambers Numerous - diverse formats Focus • Future of county, city/community • Evaluation of • -Needs • -Trends • -Strategic issues • Community desires & values • Leadership • Developing knowledge for decision making • Sorting of options • Examine consequences • Set strategies • Ability to make competent & informed decisions • Agenda - formality • “Show”’ of authority • Ratification/ • Adoption • Political pressures • needs • Communication • Problem solving • Collaboration - coordination • Partnership • Acting as a community Key Characteristics • Informality • Sharing of options • Open dialogue • Creative thinking • Humor - adventure • Face-to-face/Group interaction • Board-staff’ dialogue • Questioning - testing of ideas • Information exchange • Negotiating - consensus building • No voting • Face-to-face/group interaction • Formal meetings • Rules and procedures • Public input/involvement • High visibility • Pressure/advocacy from groups • Voting • Group interaction • Being “outside” city hall/court house • Responding to requests • Joint ventures • Interagency activity • Multiple interaction modes and communication techniques Figure 3: Arenas for Governing Body-Staff Performance Highly-effective governing bodies will hold at least one goal-setting retreat or “advance” annually. They also will hold two study sessions usually between regularly scheduled public hearings. Here they confer with staff and other experts on significant items under consideration requiring eventual official actions. While these study sessions are open to the public, as observers, the public should not participate in the board-staff dialogue. Many boards short-change this arena, pushing the opportunity for learning into the formal public hearing, which is not designed to promote much in-depth analysis of complex issues. The arena of disposition/legislation is designed to get to a vote, not promote careful analysis of complex issues. ---PAGE BREAK--- The fourth arena, community and interjurisdictional relations, is becoming more important. It is rapidly transforming the role of the governing body and how it and its members spends their time. Communities today are more dependent upon sophisticated alliances and partnerships among groups, public and private entities. All jurisdictions are subject to multiple, profound changes in how public officials operate as they deal with complex multijurisdictional and regional issues and the growing popularity of citizen democracy and community building/renewal. Today, the community arena requires more time spent in interactions outside of city hall/courthouse and puts greater time pressure on elected officials. 8. Have Clear Rules and Procedures for Board Meetings Board meetings exist for the purpose of doing the board’s business. Literature on how to conduct effective and productive meetings specifies the need for, and adherence to, clearly defined rules and procedures. Many boards, however, drift from these rules and procedures in pursuit of informality, collegiality, and “just being nice.” They let their meetings drone on with lack of focus, redundant comments and endless discussions. Rules and procedures do not preclude citizen input, courtesy or sensitivity to public concerns and viewpoints. They respect all these elements and the necessity to conduct business in an orderly, disciplined and productive manner. 9. Conduct Systematic and Valid Assessments of Policy Implementation and the Public's Concerns and Evaluation of the Boards/Council's Performance. Governing bodies, like most legislative bodies, frequently fall into the Jean Luc Picard (Star Trek II) and simply tell their staffs: "Make it so." They assume that board action equates to policy and program implementation. The next time board hears about the policy is when a problem or crisis arises. Highly effective governing bodies expect periodic feedback on policy results and on possible policy amendments that may be required. This feedback can be provided through progress reports, status memos or newsletters, and "policy reviews." Elections are contests among individuals vying to become a member of an elected governing body. They are not valid, objective assessments of the public's feeling about the quality of board's performance as a governing body and about whether or not it is addressing issues effectively. Highly effective boards seek feedback through a number of proven market research tools such as focus groups, surveys and questionnaires. Typically, the phone calls a board member receives, or the comments make in public hearings, are not valid or accurate reflections of the entire community's sentiments about issues and the board's performance. "Market research feedback" should be ongoing and included in the annual goal setting retreat or advance. 10. Practice Continuous Personal Learning and Development as a Leader Leaders read, attend workshops, and constantly seek information, understanding and ---PAGE BREAK--- insight. Elizabeth Kautz, Mayor of Burnsville, Minnesota, giving advice to newly-elected municipal officials said: “Decide what your role is, identify the skills you need to be effective in that role, and GET THEM! Highly-effective governing bodies are comprised of members who honestly know they don’t know it all. They take advantage of the myriad of opportunities to learn and perfect their skills by reading, going to workshops, and forums that can expand their skills to lead and govern well. Highly-effective governing bodies also learn as a group. They assess objectively their performance relative to each of the ten habits. They also decide where gains can be made and set up the opportunity through board workshops to learn the skills to make these gains. The last, and probably most important, point: Keep your sense of humor. Governance is a serious and sometimes messy business dealing with vital issues affecting our communities and the quality of life we experience daily within them. Humor reduces friction and stress, lets others know we and they are human, and is a pause that refreshes our insight and commitment. It is essential to creating and maintaining relationships. It also can open one’s mind to new ideas. Every community deserves nothing less than highly effective governing bodies that accept accountability for the community’s performance in creating its future and in effectively addressing, in the present, those challenges vital to attaining that future. That is what is at stake: our communities’ future. With few exceptions, every board can be highly effective and can provide strong leadership. But to become effective requires a good governance model and disciplined adherence to the principles (habits) of effectiveness. Carl Neu, Jr., is executive vice president of Neu & Company, Lakewood, Colorado. All rights reserved to Neu & Company and the Center for the Future of Local Governance, 1997. Winword 9/97.r:4/98; r: 12/02 Word 8 ---PAGE BREAK--- CHAPTER 13 GOVERNMENT ETHICS ARTICLE 1 PUBLIC OFFICIALS, MEMBERS AND EMPLOYEES ETHICS 9-13-101. Short title. This article shall be known and may be cited as the Ethics and Disclosure Act. 9-13-102. Definitions. As used in this article: "Anything of value" means: A pecuniary item, including money or a bank bill or note; A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money; A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money; A stock, bond, note or other investment interest in an entity; A right in action; A gift, tangible good, chattel or an interest in a gift, tangible good or chattel; A work of art, antique or collectible; An automobile or other means of personal transportation; Real property or an interest in real property, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest or other beneficial interest in realty; ---PAGE BREAK--- An honorarium or compensation for services arising out of the person's service as a public official, public member or public employee; The sale or trade of anything of value: For reasonable consideration that would ordinarily not be available to a member of the public; or (II) With a rebate or at a discount in its price, unless the rebate or discount is made in the ordinary course of business to a member of the public, or any group or category thereof, but without regard to that person's status as a public official, public member or public employee. A promise or offer of employment; Any other thing of value that is pecuniary or compensatory in value to a person. (ii) "Anything of value" does not mean a campaign contribution properly received and reported, if reportable, as required under the Wyoming Election Code; (iii) "Compensation" includes: An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value; or A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, for services rendered or to be rendered. (iv) "Compensation" does not include: Reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses, and if the reimbursement is substantiated by an itemization of expenses; or Per diem payments or mileage allowances paid by the employing government entity in accordance with applicable law. "Family member" means an individual: ---PAGE BREAK--- Who is the spouse, parent, sibling, child, grandparent or grandchild; or Is a member of the individual's household. (vi) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, but excludes the following: Printed informational, educational or promotional material; A gift that: Is not used; and (II) No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes. A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a person covered by this subparagraph: An individual's spouse; (II) An individual's child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin; (III) The spouse of any individual listed in subdivision (II) of this subparagraph; (IV) Any person, including an organization, which has a bona fide social or private business relationship with the individual, where the circumstances demonstrate that the motivation for the gift arises out of that relationship and not from the recipient's holding of public office or employment. For the purposes of this subdivision, relevant circumstances include but are not limited to the source of funds used by the donor to acquire the gift; Any person, including an organization, where the gift does result from the person's holding an office or ---PAGE BREAK--- position, but where the gift is of nominal value, is made voluntarily by the donor and is made in recognition of a special occasion, such as marriage, illness or retirement. A certificate, commemorative token or item, or plaque with a value that does not exceed two hundred fifty dollars ($250.00); Food and beverage; Compensation, per diem or other payments or benefits which the public official, public member or public employee receives in the performance of services for the governmental entity; Repealed By Laws 1999, ch. 140, § 2. Any loan, gift, gratuity, special discount or hospitality with a value of two hundred fifty dollars ($250.00) or less; or Travel, registration and lodging for any conference or meeting while attending in his official capacity as a public official, public member or public employee. (vii) "Local office" means the offices of county commissioner, county treasurer, county assessor, county clerk, county sheriff, county coroner, district attorney, county attorney, mayor and member of the council of a municipality, member of the board of trustees of a community college district or a school district and member of a joint powers board or special district. As used in this paragraph "special district" means any special district specified under W.S. 22-29-103(a) and any other corporate district authorized to be formed as a political subdivision under the laws of this state; (viii) "Negotiating" or "negotiate for employment" means a communication, directly or indirectly, with a prospective employer to discuss rendering services for compensation to that prospective employer; (ix) "Negotiation for employment" means the period that begins with a communication to a prospective employer to discuss rendering services for compensation to the prospective employer; "Official responsibility or official capacity" means the direct administrative or operating authority, whether ---PAGE BREAK--- intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct government action; (xi) "Participation" includes decision, approval, disapproval or vote; (xii) "Public employee" means any of the following state employees: The attorney general and the director of any department of the executive branch appointed by the governor under W.S. 9-2-1706, or the director of any legislative agency; The chief executive officer of any separate operating agency under W.S. 9-2-1704(d), except those listed in paragraphs (d)(vi) and of that section; To the extent the incumbent in the position serves at the pleasure of persons listed in subparagraphs and of this section, administrators of department or agency divisions, and deputy directors of departments; Commissioners of the public service commission and members of the state board of equalization; Deputies and administrators of divisions within the offices of state elected officials under W.S. 9-2-1704(a). The positions, in the governor's office, of chief of staff, attorney for intergovernmental affairs and chief of policy are included within this subparagraph. (xiii) "Public member" means a member appointed to a part-time position on a state board, commission or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. The term includes a member of the board of trustees of the University of Wyoming and the community college commission. The term does not include a public member of an advisory board, advisory commission or advisory council; (xiv) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in a state or local office, whether or not the individual has yet assumed the office; ---PAGE BREAK--- (xv) "State entity" means a state agency, office, department, division, bureau, board, commission or council, including the legislature, Wyoming community development authority and Wyoming science, technology and energy authority. The term does not include a court or an agency in the judicial branch; (xvi) "State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of state and member of the state legislature; (xvii) "This act" means W.S. 9-13-101 through 9-13-109. 9-13-103. Use of title and prestige of public office. No public official, public member or public employee shall use his office or position for his private benefit. As used in this section, "private benefit" means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office. 9-13-104. Nepotism. No public official, public member or public employee shall advocate or cause the employment, appointment, promotion, transfer or advancement of a family member to an office or position of the state, a county, municipality or a school district. A public official, public member or public employee shall not supervise or manage a family member who is in an office or position of the state, a county, municipality or school district. A public official, public member or public employee, acting in his official capacity, shall not participate in his official responsibility or capacity regarding a matter relating to the employment or discipline of a family member. 9-13-105. Misuse of office. A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for his private benefit or that of another unless the use is authorized by law. ---PAGE BREAK--- A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for political or campaign activity unless the use is: Authorized by law; or (ii) Properly incidental to another activity required or authorized by law and the public official, public employee or public member allocates and reimburses the governmental entity for any additional costs incurred for that portion of the activity not required or authorized by law. A public official, public employee or public member shall not disseminate to another person official information which the public official, public employee or public member obtains through or in connection with his position, unless the information is available to the general public or unless the dissemination is authorized by law. 9-13-106. Official decisions and votes. A public official, public member or public employee shall not make an official decision or vote on an official decision if the public official, public member or public employee has a personal or private interest in the matter. In determining whether he has a personal or private interest in a matter the public official shall recognize the importance of his right to represent his constituency and shall abstain from voting only in clear cases of a personal or private interest as defined in this subsection. A public official or public member shall not vote to give money or any direct financial benefit to himself except for tax reductions affecting the general public. For the purposes of this section, a personal or private interest: Is, with respect to the public official, public employee or public member, an interest which is direct and immediate as opposed to speculative and remote; and (ii) Is an interest that provides the public official, public employee or public member, a greater benefit or a lesser detriment than it does for a large or substantial group or class of persons who are similarly situated. A public official, public member or public employee described by subsection of this section shall abstain from voting on the decision and from making any official decision in ---PAGE BREAK--- the matter. The public official's, public member's or public employee's abstention from voting must be recorded in the governmental entity's official records. This section shall not be construed to supersede W.S. 15-9-220, 16-6-118 or 16-9-203(f). Those provisions shall control to the extent inconsistent with this section. 9-13-107. Actions taken while negotiating for employment. A public official, public member or public employee may not vote or take an official action in a matter affecting a person with whom the public official, public member or public employee is negotiating for prospective employment. 9-13-108. Disclosure required. Not later than January 31 annually, each of the state's five elected officials and each member of the Wyoming legislature shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. The financial disclosure form shall contain the following information current as of January 15 of that year: A list of all offices, directorships and salaried employment held by the person filing the form in any business enterprise, but excluding offices and directorships in a nonprofit corporation where no compensation is received for service; (ii) A list generally describing the sources of, but not the amount of, the member's income. Forms may be submitted by facsimile transmission under the same terms and conditions specified for campaign reports under W.S. 22-25-106. For the purposes of this section, "salaried employment" means an employment relationship under which the employee is compensated, at least in part, by payment of a specified dollar amount for each month, or longer period, of service. The disclosure form shall be as prescribed by the secretary of state but in substantially the following form: "State Elected Official Financial Disclosure Form ---PAGE BREAK--- Name of Official: Office held: Business address: Business phone number: Home address: Home phone number: I. Offices, directorships and employment a. Offices held in business enterprises (includes partnerships) Office Name and address of business enterprise b. Directorships held in business enterprises Name and address of business enterprise c. Salaried employment Job Title Name and address of business enterprise II. Sources of income a. Employment Name and address of Employer b. Business interests Name and address of all business entities but excluding interests if less than ten percent (10%) of the entity is owned, or sole proprietorship from which income is earned, or describe generally c. Investments Income earned Yes No i. Any security or interest earnings ii. Real estate, leases, royalties d. Other (Describe generally)". 9-13-109. Penalties. ---PAGE BREAK--- Any person who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00). Violation of any provision of this act constitutes sufficient cause for termination of a public employee's employment or for removal of a public official or public member from his office or position. If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply. ---PAGE BREAK--- Title 15, in part: 15-1-127. Prohibitions; interest in contracts; exception; extra pay; compensation to nonofficers; exception. No qualified member of the governing body of any city or town or any member of that qualified member's immediate family may receive any monetary or other economic benefit from any contract to which the city or town or anyone for its benefit is a party. The obligation on the part of the city or town is void in any contract in which a monetary or other economic benefit will be received by a qualified member of the governing body or his family who does not comply with subsection of this section. Any money paid on the contract may be recovered by the city or town from any persons by an action brought in the name of the city or town. Subsection of this section does not apply to any qualified member of a governing body or any member of that qualified member's immediate family who may receive any monetary or other economic benefit from any contract made by the governing body if the qualified member complies with the following: The qualified member: Shall not participate in the consideration or discussion relating to the contract; Shall not attempt to influence the other members of the governing body in any way relating to the contract; Shall reveal the nature and extent of any monetary or other economic benefit he or any member of his immediate family may receive to the other members of the governing body prior to consideration of the contract; Shall not vote on the matter of granting the contract; Shall absent himself during the consideration, discussion and vote on the contract; and Shall not act, directly or indirectly, for the governing body in inspection, operation, administration or securing performance under the contract in which he or any member of his immediate family may receive any monetary or other economic benefit. ---PAGE BREAK--- The governing body, by ordinance, shall prescribe requirements governing conflicts of interest by any employee and any member of his immediate family and procedures by which any employee and any member of his immediate family may be exempt from those requirements. No qualified member of the governing body, officer or employee may receive any pay or perquisites from the city other than his salary for any work coming within the scope of his duties as provided by ordinance and the law. The governing body shall not pay or appropriate any money or other valuable thing to any person not a qualified member of the governing body, officer or employee for the performance of any act, service or duty which is within the proper scope of the duties of any qualified member of the governing body, officer or employee of the city or town, unless specially appropriated and ordered by a vote of three-fourths (3/4) of all members elected to the governing body. 15-1-128. Officers and employees; prohibitions; gratuities; exceptions; violations; results therefrom. No officer or employee of any city or town shall: Solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any improvement, alteration or repair required by authority of the city or town, or any contract to which it is a party, except his lawful compensation as an officer or employee and except as otherwise provided in W.S. 15-1-127(b) and (ii) Solicit, accept or receive, directly or indirectly, from any public service corporation, or the owner of any public utility or franchise of the city, any pass, frank, free ticket, free service or any other favor upon terms more favorable than those granted the public generally, except that councilmen who are regularly employed by any public service corporation or owner of a public utility or franchise may receive free service or favor as is given to all other similar employees. Any officer or employee who violates this section shall be subject to removal from his position or other disciplinary action after hearing. ---PAGE BREAK--- By David Vehaun and Monica Croskey Rock Hill and the Importance of the Strategic Plan ---PAGE BREAK--- February 2014I Government Finance Review 27 A comprehensive strategic plan is one of the most important tools an organization can have in defin- ing its mission and vision. A well-developed plan incorporates performance measures that permeate the goals of each department and division, laying a blueprint for suc- cess. Very few jurisdictions are able to develop an outstanding strategic plan on their first attempt; more often, a plan will evolve as components are refined and improved. The process requires a balance of planning and hard work. By aligning resources with initiatives that are well thought out and tasks that are tied to a broader vision, an organization’s strategic plan can deliberately and purposefully prioritize its use of limited resources to help it accomplish meaningful goals that contribute to the overall quality of life in the community. The City of Rock Hill, South Carolina, has a rich his- tory of successful strategic planning, and each iteration of the plan has resulted in valuable lessons learned, greater experiences, and opportunities for continuous improvement. FIRST STEPS Rock Hill’s strategic planning efforts did not technically begin with a stra- tegic plan. Initially, the city simply featured performance measures in its annual budget document in 1995. These measures helped in defining departmental goals and objectives, but without a formal strategic plan in place, they were created in a vacuum, with no buy-in from the city’s elected officials and the public. Communication between elected officials and staff wasn’t always clear, in part because initiatives weren’t mutually agreed to and priorities competed. Further, initiatives were focused on city departments and lacked community input. As a result, the city started enhancing collaboration and communication between city council and the staff in 2001. From the outset of this process, clear-cut goals were designed for both the council and staff: n Align limited resources with predetermined initiatives that are tied to a broader vision. n Develop a roadmap that guides the city from vision to reality. n Explain why resources are used in certain ways. n Measure and communicate progress to elected officials, the community, and other stakeholders. With these goals in mind, staff started working on the city’s first real strategic plan in April 2002. Because they had no real exposure to strategic planning, the result was a narrowly focused document that attempted simply to validate initia- tives that were currently underway. The plan provided high- level summaries of budget information, schedule updates, and contact information for lead staff. Each department developed summary data for their respective projects (see Exhibit But while documenting all of the city’s major proj- ects for the first time was certainly a valuable undertaking, it did not fulfill the primary goal of improving collaboration and communication. For one thing, there was very little input from the city council. This plan also focused exclusively on current projects, with no regard for future planning. And since depart- ments developed the project lists independently, all project planning described in the document tended to be organized in silos. In summary, the first effort missed most of the important qualities that make a good strategic plan. It had no public input, only cursory council col- laboration, and no consideration for developing goals focused on the com- munity. Rather, it relected the initiatives of individual depart- ments. Council and staff realized this almost immediately, and within nine months, the city council decided to set aside the project list and turn their attention to developing a more comprehensive document. FIRST ATTEMPT AT A REAL STRATEGIC PLAN In January 2003, the city council held its first strategic plan- ning retreat and enlisted the services of a consultant who had extensive experience in assisting local governments with developing strategic plans. The consultant worked with city staff to establish the primary emphasis of the new plan, focusing on: 1) developing a collaborative process that would include both city council and cross-departmental engage- ment; and 2) incorporating initiatives that would help identify priorities and strategies for addressing future endeavors. Very few jurisdictions are able to develop an outstanding strategic plan on their first attempt; more often, a plan will evolve as components are refined and improved. ---PAGE BREAK--- 28 Government Finance Review I February 2014 Another important addition to the process was includ- ing the National Citizen Survey, a comprehensive commu- nity survey offered by the National Research Center and the International City/County Management Association. The survey was conducted in fall 2002, and the results were presented to the city council at the strategic planning work- shop. The survey allowed the city to evaluate itself using benchmarks from other jurisdictions across the United States, gauging citizen satisfaction with ser- vices and amenities. Questions are repeated from one survey to the next over a period of years, allowing the city to monitor its progress at creating citizen satisfaction. At this retreat, the city also began a more formalized analysis of (characteristics that give a particular initiative an advantage over others), weaknesses (characteristics that place that initiative at a disadvantage relative to others), opportunities (external elements that could be used advantageously), and threats (external elements that could cause problems). SWOT analysis is important to the planning process because it identifies the environment in which an organization will operate while attempting to accomplish its goals. Doing so helps jurisdictions understand weak- nesses associated with a given initia- tive, allowing them to better define the goals and objectives necessary for success. With this framework in place, the city council worked with staff to develop key initiatives for Rock Hill. Exhibit 1: Early, Project-Focused Phase of Strategic Plan The city learned important lessons in its first attempt at a creating a strategic plan, despite its flaws. ---PAGE BREAK--- February 2014I Government Finance Review 29 A two-day planning process gave coun- cil members the time they needed to refine and clarify the initiatives that were important to them, and then to work with the staff on narrow- ing this list down to a manageable number. The city council decided to focus on no more than six major ini- tiatives, which were based on both the wishes of the council members and feedback from the National Citizen Survey. After six initiatives were identified, staff members were organized into six strategic planning teams, each compris- ing senior management and line personnel. The teams were responsible for identifying the and weak- nesses associated with each initiative, and then developing goals that would allow the city to achieve each objective. Then, they were to develop specific objectives for reaching each goal, and tasks necessary for achieving each objective. A timeframe and budget were established for completing each task. The city council and staff met once a year to review accomplishments and to make any adjustments needed to the plan. After almost three months of drafting, staff presented the final plan document to the city council, which approved it and asked for a method of report- ing back on the progress made. Staff quickly organized a spreadsheet that was intensely focused on dates and achieving deadlines that would allow the goals themselves to be achieved within the three-year timeframe (see Exhibit (The council had agreed that the strategic plan would be valid for three years, since the community would have changed enough over that timeframe to require a new plan.) Staff provided the council with progress updates every six months over the three-year planning period. The city learned several important lessons in this first attempt at a plan, despite its flaws: n A collaborative process that includes both elected offi- cials and cross-departmental engagement is very valuable. Exhibit 2: Strategic Plan Accountability Worksheet Incorporating strategic plan priorities into business practices and decision making molds and strengthens a strategic culture within an organization. ---PAGE BREAK--- 30 Government Finance Review I February 2014 n Incorporating future initiatives allowed the city council and staff to establish and priorities. n Identifying and weaknesses helped make all stakeholders more aware. n The National Citizen Survey provided useful information on public perceptions and priorities. n An established process for reporting progress on the stra- tegic goals is crucial. The obvious shortcoming of this iteration of the plan was the absence of specific performance measures. Also, at more than 300 pages, the document’s length was problematic. TAKING THE NEXT STEP In January 2006, the council and staff met again to draw up a new strategic plan. They mirrored the previous process, for the most part, since the city council was generally satis- fied with the progress the city had made, and only nominal updates were discussed at the planning retreat. In prepara- tion for the meeting, staff again conducted a SWOT analysis and participated in the National Citizen Survey, and cross- departmental teams refreshed the document. The primary emphasis for the new plan was a continued collaborative process that included city council and engage- ment across departments, along with identifying priorities and strategies for addressing future endeavors. For the first time, the strategic plan began to look several years into the future — albeit in a limited way, since this update to the stra- tegic plan was nothing more than a makeover of the previous document. The strategic initiatives remained the same; goals and objectives were changed only in minor ways, and the tasks and timeframes were simply updated to match the new three-year period. There was one important change, however — an attempt to link items on the city council agenda to specific goals, objec- tives, or tasks in the strategic plan. This was a significant step forward in connecting the staff work program to the city coun- cil work program, and it became an important component of future plans. Issues presented at budget workshops over the following three years were also linked back to the strategic plan. For the first time, the council and staff made the connec- tion that strategic planning can help everyone involved make informed decisions about resource allocations by linking resources to the priorities and goals that have been agreed to. Incorporating strategic plan priorities into business prac- tices and decision making molds and strengthens a strategic culture within an organization. FINANCIAL CRISIS UPDATES The financial crisis that preceded the strategic plan update in January 2010 provided a new sense of urgency. The primary emphasis for the new three-year plan was significantly influ- enced by both transparency and accountability, although the 2010 process still mirrored the previous processes in several ways; the city once again conducted the National Citizen Survey and a SWOT analysis, and cross-departmental teams worked with the city council to develop the new plan. The city’s overall strategic initiatives were changed, but the major revision this time around was a wholesale update to the goals, objectives, and tasks. In addition, loose timeframes associated with the tasks in previous plans were replaced with defined and measurable targets across the organization. These newly defined targets increased account- ability in all departments and required a new format for reporting this information to the public. Bulky, intensely nar- rative quarterly reports were replaced with easy-to-browse semi-annual reports that included both quantitative and qualitative data (see Exhibit ---PAGE BREAK--- February 2014I Government Finance Review 31 In short, including defined targets increased accountability and transparency; the new plan clearly stated how the city’s success would be defined. Whether the goal was to add 125 new jobs in three years or to reduce violent crime in downtown by 2 percent annually, the standards by which the city would be judged were explicitly outlined in the new plan. And the report provided more information to the public in just 48 pages, down from 300. Staff developed a reporting process that measured progress on each goal, objective, and task. Using a reporting system that color codes each goal, staff reviewed progress reports with the council during an annual workshop. Green indicated that everything was on target for achieving the performance metric. Yellow meant that performance still might be achiev- able, but that certain conditions had brought the metric into question. Red signaled that the metric would not be achieved; in these cases, department directors were asked to explain to the city council why the task couldn’t be accomplished. To complement the semi-annual reports, the city debuted a performance dashboard that was updated Prominently featured on the city’s website, this inter- active tool uses graphs and narrative timelines to commu- nicate and track progress on addressing goals, objectives, and tasks in the strategic plan (see Exhibit These changes were intended to make the 2010 strategic plan easy to understand and to promote accountability for out- comes, in keeping with the concepts of accountability and transparency. Exhibit 3: Progress Report Sample Page ---PAGE BREAK--- 32 Government Finance Review I February 2014 The city’s strategic planning successes began to attract local and national attention for the first time. The local newspaper became interested in the plan and published a full-page article in a Sunday edition. The city won the GFOA’s Award for Excellence in Government Finance in 2011; the Alliance for Innovation Outstanding Achievement in Local Government Innovation award in 2010; the ICMA Center for Performance Management Certificate of Distinction in 2010; and the ICMA Performance Management Certificate of Excellence in 2011 and 2012. It also participated in the National Center for Civic Innovation’s government Trailblazer program, 2010-2011. The city’s successes were featured in the National Performance Management Advisory Commission’s A Performance Management Framework, and in the National League of Cities’ weekly print publication and its website. Several important lessons came out of the 2010 plan update. For one, including measurable, defined targets requires a change in culture; it also increases the organization’s account- ability. In addition, user-friendly reporting tools increase trans- parency. And finally, accountability and transparency allow the organization to better communicate its successes, and to have more constructive conversations about how challenges can be addressed to achieve desirable outcomes. Exhibit 4: Performance Dashboard ---PAGE BREAK--- February 2014I Government Finance Review 33 THE LATEST VERSION By January 2012, the city council and staff were ready to move to the next level in strategic planning. Once again, the city conducted the National Citizen Survey and a SWOT analysis, and cross-departmental teams worked with the council to develop goals and measures. This time, however, the city added three citizen focus groups to complement the quantitative data from the National Citizen Survey. Staff from the National Research Center conducted the focus group sessions and reported on the information received. During the retreat, the council reviewed both the survey results and focus group feedback, and a city staff repre- sentative offered highlights on how well departments were meeting established benchmarks. This format allowed for meaningful comparisons of actual performance to public satisfaction and perception — for example, citizen safety perception ratings and actual crime data trends. The city’s survey results showed a strong perception of safety from violent crimes, which correlated with actual crime data showing that violent crime rates were steeply declin- ing. Focus group feedback and survey results also revealed that citizen perception of safety was lowest in the down- town area after dark, even though the actual crime rates in this area were very low. Consequently, one strategic plan called for focus groups to consider how the city could improve the perception of safety in the downtown area. In this iteration, the city council consolidated the six strategic initiatives into three focus areas: qual- ity services, quality places, and quality community. The quality services focus area covers some of the city’s most fundamental responsibilities, as the local provider of essential services such as police and fire protection, water, sewer, electricity, sanitation, and so on. The quality places focus area involves ensuring that the city offers quality development and venues for both busi- ness and community life to flourish. This ranges from providing a vibrant downtown to managing transformative projects throughout the community. And the quality community focus area addresses initiatives related to supporting neighborhoods within the city, building public trust, and encouraging public engagement. Although the strategic initiatives associated with the plan changed significantly this time around, the city continued its accountability and transparency efforts with semi-annual reports and a performance dashboard. And this update to the plan reinforced several important lessons. First, it is important to engage the community and compare citizen satisfaction and perception with actual performance, and address any disconnects. It is not acceptable for the city to make assumptions about citizen satis- faction — some effort must be made to actually ask. Second, sharing and educating both internal and external stakeholders about the strategic plan contributes to its value. Unless people can see that the plan has a direct influ- ence on their quality of life, it won’t seem relevant to them. Finally, staff members need to be challenged to use their talent and creativity to improve strategic planning. Staff can often find the best ways to communicate the plan both within the organization and to the community at large. For the first time, the council and staff made the connection that strategic planning can help everyone involved make informed decisions about resource allocations by linking resources to the priorities and goals that have been agreed to. ---PAGE BREAK--- 34 Government Finance Review I February 2014 A QUICK HOW-TO Goals are generally developed at the governing body’s retreat but refined and developed by the staff in a day-long retreat for department heads, immediately following the city council retreat. Goals are broad statements that explain the desired result. For example, in the quality community focus area, a goal might be strengthening neighborhoods through partnerships. A quality plac- es supporting goal might be creating a vibrant downtown. Objectives are simply statements of what the organization is setting out to do that have been further refined for greater specificity. In keeping with the previous examples, an objective related to strengthening neigh- borhoods could be engaging them to promote community building and safety. A supporting objective for creating a vibrant downtown could be increasing the success of down- town events. Tasks are the specific activities the city plans to under- take in order to meet its defined objectives. These are best developed during cross-departmental team meetings and correspondence, since the more specific tasks will typically affect departments across the organization. In the neigh- borhoods example, a task might be increasing the num- ber of neighborhood associations. For creating a vibrant downtown, a task might be using social media to advertise downtown events. Finally, each task requires a single supporting perfor- mance measure to ensure accountability. This is how the organization will gauge success. A performance measure for the neighborhood association task might be estab- lishing ten new associations in one year. A measure for using social media to advertise downtown events might be getting at least 300 Twitter followers within six months or increasing attendance at downtown events by 10 percent in one year. CONCLUSIONS After ten years of increasingly better plans, the City of Rock Hill has learned a number of lessons. First, there is real value in a collab- orative process that includes both elected officials’ and cross-depart- mental engagement; however, including measurable and defined targets that both groups can agree on requires a change in organiza- tional culture, since this type of plan measurably increases the orga- nization’s accountability. Second, strategic planning can help organ- izations in making informed deci- sions about resource allocations by linking resources to agreed-upon priorities and goals. As such, the strategic planning pro- cess must be properly sequenced within an organization’s budget cycle. Third, user-friendly reporting tools increas- es accountability and transparency. Fourth, educating both internal and external stakeholders about the strategic plan makes the plan even more valuable. Jurisdictions need to engage the community and compare citizens’ percep- tions and levels of satisfaction with actual performance, and take action when there are disparities. Finally, incor- porating the strategic plan priorities into business practices and decision making strengthens a strategic culture within an organization. y DAVID VEHAUN is the city manager for the City of Rock Hill, South Carolina. He has been a member of the GFOA Executive Board and chair of the GFOA’s Committee on Governmental Budgeting and Fiscal Policy. Vehaun is past president of the GFOA of South Carolina and past president of the Municipal Finance Officers Association of South Carolina. MONICA CROSKEY is the strategy and performance manager for the City of Rock Hill. She oversees the city’s strategic planning and per- formance management efforts. Croskey holds a Master of Public Administration degree from the University of North Carolina at Chapel Hill. It is important to engage the community and compare citizen satisfaction and perception with actual performance, and address any disconnects. It is not acceptable for the city to make assumptions about citizen satisfaction — some effort must be made to actually ask. ---PAGE BREAK--- MEMORANDUM TO: Mayor & City Council Administrative Services Director Community Development Director Chief of Police Director of Public Works Fire Chief FROM: City Administrator SUBJECT: City Council Orientation Schedule DATE: Month, Day, Year We have discussed holding a pre-City Council meeting study/work session at 4:00 p.m. for the next several months in order to provide training on a variety of organizational blueprint issues. The tentative schedule and topic of discussion is as follows: (Date) Administrative Services overview – presented by Mary Nicol, Administrative Services Director and Karen Rimmer, City Clerk (Date) Human Resource Management Overview – presented by Mary Nicol, Administrative Services Director (Date) Public Safety Overview – presented by Ron Casalenda, Chief of Police, and Rick Andrews, Fire Chief (Date) Community Development Department Overview – presented by Clara Chapin, Interim Community Development Director (Date) Building and Code Compliance and Nuisance Abatement – presented by Steve McBride, Building Official, and Ralph Hancock, Code Compliance Officer (Date) Public Works Department Overview – presented by Les Newton, Public Works Director (Date) Public Utility Department Overview – presented by Les Newton, Public Works Director ---PAGE BREAK--- LGIEN Fact Sheet 2000-001 Costs of Community Services T he term costs of community services (COCS), usually refers to a growing body of literature that focuses on how various types of land use affect local government taxation and spending. In general, this body of literature summarizes studies that use fiscal impact analysis to determine whether various forms of land use contribute to or detract from local government budgets. During the period immediately following World War II, many communities sought to attract business, industrial, and residential growth for a number of reasons. Among these was that economic growth would raise the property tax base and generate increased revenues for local infrastructure, including schools, roads, and fire/police protection. During the 1980s, however, many skeptics began to question whether economic development in rural areas “paid its own way” in terms of local taxation. For example, when farmland, open space, and woodlands are converted to residential development, local tax revenues increase substantially because property values increase. But the local government and the school district are also required to provide added services to the new residents. Does the increased revenue cover the costs of the new services? That is the question the COCS studies set out to answer. The COCS Ratio It has become conventional in COCS studies to divide land use into three categories: residential, commercial/industrial, and farmland/open space. One of the most common procedures for analyzing fiscal impact is to calculate a COCS ratio for each land use category The ratio compares how many dollars worth of local government services are demanded for each dollar collected. A ratio greater than 1.0 suggests that for every dollar of revenue collected from a given category of land, more than one dollar is spent. Many of the early studies providing estimates of COCS ratios were either sponsored or conducted by the American Farmland Trust. But in recent years researchers from a variety of backgrounds have undertaken such studies. Regardless of who conducted the research, the results have been consistent. Virtually all of the studies show that the COCS ratio is substantially above 1 for residential land, demonstrating that residential land is a net drain on local government budgets. The average estimate ranges from about 1.15 to 1.50, which means that for every dollar collected in taxes and non-tax revenue, between $1.15 and $1.50 gets returned in the form of local government and school district services. On the other hand, the COCS ratios for the other two land use categories are both substantially below 1. For commercial/industrial, the ratio usually ranges from 0.35 to 0.65, indicating that for every dollar collected, the local government provides only about 35 to 65 cents worth of services. For agriculture and open space, the ratios are only smaller, usually ranging from 0.30 to 0.50. According to the COCS studies, the largest single expenditure category for communities is the public school system, accounting for 61.4 percent of spending. Since open space and commercial development in themselves do not place any burden on the schools, it should not be surprising that their ratios are lower than those for the residential category. Several questions emerge from these results, including are these studies reliable, and why do the numbers vary? The studies appear to be reliable because of the way in which taxes and service expenditures are calculated and imputed. The methods used in the studies have been laid out clearly, and the variation in the COCS ratios is relatively small. The studies are unanimous in showing that residential land use ratios are above 1 and that the other types of land uses are below 1. The primary reason that the ratios vary somewhat is that not all communities are identical. If many homes in a community are in an extremely high price range and occupied by “empty nesters,” for example, the COCS ratio should be expected to be relatively low. On the other hand, low- or middle- income property occupied by families with numerous children would produce a higher ratio. Some communities have gone beyond simply calculating a COCS ratio and have actually calculated the “break even” home value for LOCAL GOVERNMENT TOPICS Land Use ---PAGE BREAK--- their community. Not surprisingly, these values tend to be substantially higher than the median (average) home value. Another Approach Other researchers have attempted to measure the costs of growth simply by measuring the statistical relationship between population growth rates and per capita local government spending. Most of these results have shown that in areas with very small growth rates (in the range of 1 to 2 percent per year), costs do not escalate rapidly. For communities with higher growth rates (above 3 percent per year), however, per capita spending begins to increase very dramatically. The findings of the various types of studies on costs of services seem to support the conclusion that local public per capita spending increases when farmland and open space are converted to residential development. Criticisms of the COCS Literature Initially, critics of the COCS studies argued that it may be difficult to generalize from these studies. This criticism has lost some credibility, however, because many studies have been conducted in a wide range of communities nationally. The results seem to be unambiguous. More recently, critics have developed the argument that looking only at the fiscal impacts on local governments and school districts is too limited in scope. They maintain that new residents do much more than simply pay taxes and demand services. Residents work, earn money, and spend much of it locally, thus contributing to the economic base of the community in a substantial way that is not captured in the COCS studies. The critics argue that future work should include these impacts. But if COCS studies do not include these “multiplier” effects, it also must be said that they do not include non-economic costs to the community, such as loss of scenic landscape, increased traffic congestion, and other variables associated with quality of life. Another argument against COCS studies is that they are based on a “cost theory of taxation” and do not consider how growth, even with increased taxation, increases the values of properties. The rival “benefit theory of taxation” states that as new taxes pay for better infrastructure such as schools and roads, property values (and thus the net worth of property owners) increase. Such considerations have not been measured within the context of COCS. Implications One of the most important implications of the COCS literature is that proponents of farmland and open space preservation now have an important economic argument on their side. Some proponents of economic development have argued that a system that allows land to go to the highest bidder provides the most efficient economic results. The COCS findings, however, indicate that residential development often brings costs to the community that are not fully borne by the new residents but are instead distributed throughout the community. Local leaders should be aware that efforts to “promote growth” in their communities will have substantial impacts on revenues and expenditures. They should be able to estimate these impacts when planning for the future. Two conclusions emerge when reflecting on the COCS issue. The first is that residential development in any area invariably leads to increased per capita demand for publicly provided services, placing increased burdens on local infrastructure and public agencies. As a result, increases in local tax rates to fund additional services tend to follow growth. Second is that it is important for members of any community to ask themselves the broader question, “How do we manage growth in our community, along with all of the impacts (both positive and negative) that it brings?” References American Farmland Trust. 1993. Is Farmland Protection a Community Investment? How to do a Cost of Community Services Study. Washington, DC. Bunnell, Gene. 1997. “Fiscal Impact Studies as Advocacy and Story Telling.” Journal of Planning Literature 12:2, pp. 136-151. Burchell, R.W., and D. Listokin. 1995. Land, Infrastructure, Housing Costs and Fiscal Impacts Associated with Growth: The Literature on the Impacts of Sprawl vs. Managed Growth. Cambridge, MA: Lincoln Institute of Land Policy. Kelsey, T.W. 1996. “The Fiscal Impacts of Alternative Land Uses: What Do Cost of Community Services Studies Really Tell Us?” Journal of the Community Development Society 27:1, pp. 78-89. Ladd, H. 1992. Effects of Population Growth on Local Spending and Taxes. Cambridge, MA: Lincoln Institute of Land Policy. This material written by: Allen M. Prindle, Professor of Economics, Otterbein College and Thomas W. Blaine, Northeast District Specialist, Community Development, Ohio State University Extension Reprinted as part of a multi-state effort to improve land use education. LGIEN Fact Sheet 2000-001 Local Government Information and Education Network of the University of Illinois Extension Service in conjunction with Ohio State University Extension State, County, Local Groups, United States Department of Agriculture Cooperating The Cooperative Extension provides equal opportunities in programs and employment Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914 ---PAGE BREAK--- Wyoming Open Meetings Law Wyoming Association of Municipalities 2010 A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.” ——Wyoming Statutes §16-4-401 ---PAGE BREAK--- Open Meetings Law 1 Municipal staff and elected officials should be ever mindful that municipal business is public business, and the public has a right to know how its servants are conducting its business. Representative democracy relies on the informed trust of the citizen. City or town council members serve their communities at a crucial place - that level closest to the people. On some occasions there is an inclination to hold a restricted session in order to avoid hurt feelings or embarrassment, or save money. However, without the informed trust of the citizens, democracy is jeopardized. The best practice is to always conduct the maximum amount of the public’s business in public. Wyoming municipalities are required to comply with the same general public meeting laws as other governmental agencies (Wyo. Stat. 15-1-105). Those laws, initially adopted in 1973, are known as the Wyoming Public Meetings Law or the Wyoming Open Meetings Law (“WOML”). Wyoming Statutes Title 16, Article 4, Sections 401 through 408 contain the relevant statutory provisions. Statement of purpose The statement of purpose of the WOML is: “The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.” (Wyo. Stat. 16-4-401) Wyoming Open Meetings Law ---PAGE BREAK--- Wyoming Association of Municipalities 2 To Whom does the Wyoming Open Meetings Law apply? The WOML applies to all agencies and divisions of the state, all counties, municipalities or other political subdivisions created by the Wyoming Constitution, a statute or ordinance, except the state legislature and the judiciary. The WOML also applies to any sub- agency of a municipality that has been created or authorized by the Wyoming Constitution, statute or ordinance, such as a planning commission. It also applies to subcommittees formed by the governing body if the subcommittee includes a majority of the governing body. Which government meetings are open to the public? Wyo. Stat. 16-4-403 states as follows: “All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. Action taken at a meeting not in conformity with this act is null and void and not merely voidable.” Meetings may include not only formal meetings but also informal conferences or sessions of members of the governing body for the discussion of public business whether a decision is made or not when a quorum of the governing body is present. Some governing bodies erroneously assume that as long as no action is taken, there is no lawful meeting. For example, governing bodies hold work sessions, presentations or retreats where no formal action is intended to be taken. Under the WOML, such gatherings do constitute meetings as defined by law. As such, they must be preceded by any required ---PAGE BREAK--- Open Meetings Law 3 public notice and they must be treated the same as any other special meeting. Meetings may also include the gathering of the members of the governing body who are in communication with each other by means of a telephone conference call or on-line internet discussion. Such meetings, if pre-arranged, would constitute a meeting if a quorum is “present” on the conference call or on- line. Such meetings must be preceded by any required public notice. All members of the public wishing to hear or see the conversation must be permitted access as is required for any special or regular meeting. Many people have the misunderstanding that any time a quorum of the governing body happens to be in the same place and someone mentions a subject related to the municipality, this constitutes an illegal meeting. This is not the case. When a quorum of the governing body happens to show up at the same wedding, restaurant, party, etc., and visit with one another, this does not constitute a meeting unless it was called by proper authority and for proper purpose. Proper authority would normally be the mayor or upon the request of two or more members of the governing body for the purpose of discussing, deliberating, presenting, informing or acting on public business. It is not necessarily illegal for a quorum of the governing body to ride in the same vehicle to a convention or some other function without giving proper public notice of a “special meeting.” Such a gathering or incident is not a “meeting” as it was not called by proper authority, nor was the purpose of riding together in the vehicle to discuss, deliberate, present information or take action. On the other hand, if the mayor were to request a quorum of the council members to ride in a vehicle so they could discuss some specific item of city business, this would constitute a meeting and would not be allowable. Because such meetings are required to When a quorum of the governing body happens to show up at the same wedding, restaurant, party, etc., and visit with one another, this does not constitute a meeting unless it was called by proper authority and for proper purpose. ---PAGE BREAK--- Wyoming Association of Municipalities 4 be open to the public, meetings in areas that cannot accommodate members of the public should not occur. How is “meeting” defined? The WOML defines meeting as follows: “An assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the purpose of discussion, deliberation, presentation of information or taking action regarding public business.”(Wyo. Stat. 16-4-402(a)(iii)) What constitutes “action”? Action means the transaction of official business of the governing body, including a collective decision of a governing body, a collective commitment or promise to make a positive or negative decision, or an actual vote by the governing body upon a motion, resolution, rule, order or ordinance. No action shall be taken by a governing body except during a public meeting, following notice of the meeting in accordance with the WOML. What are the rights of the public at a public meeting? “A member of the public is not required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation.” (Wyo. Stat. 16-4-403). “If any public meeting is willfully disrupted so as to render the orderly conduct of the meeting unfeasible, the governing body may order the removal of the person or persons responsible from the meeting room and continue in session. It may also recess the meeting and reconvene at another location. Only matters appearing on the agenda may be acted upon in a meeting recessed to another location….. Duly accredited members of the press or other news media except those who participate in disorderly conduct at a meeting shall be allowed to attend any meeting permitted by this section.” (Wyo. Stat. 16-6-4 through 16-6-6). ---PAGE BREAK--- Open Meetings Law 5 Notice requirements Prior notice of all meetings must be given as provided in the WOML. The act requires that all municipalities develop their own rules and regulations regarding regular meetings, or make announcements regarding special meetings. • Wyoming statute requires the governing body to hold regular public meetings. The date, time and place of the regularly scheduled City or Town Council meetings are to be adopted by ordinance, resolution, by- laws or rules. • Any meeting that is not a regularly scheduled meeting is a special meeting. Special meetings may be called by the presiding officer of the governing body by giving notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at a special meeting. Notice of a special meeting is not required to be published in any newspaper; however, it must be provided to any newspaper of general circulation, radio or television stations requesting the notice. • The WOML does not specify a minimum time in advance of a special meeting in which notice must be provided. However, because there is a special provision for emergency meetings, the law implies that special meetings would provide more notice than an emergency meeting and at a minimum, notice of special meetings should be given at least 24 hours prior to the special meeting. • Public bodies may recess meetings to a later time so long as they provide notice during the original meeting. • Emergency meetings on matters of serious immediate concern require all reasonable efforts to be made to provide public notice. Further, all actions taken Wyoming statute requires the governing body to hold regular public meetings.The date, time and place of the regularly scheduled City or Town Council meetings are to be adopted by ordinance, resolution, by-laws or rules. ---PAGE BREAK--- Wyoming Association of Municipalities 6 at an emergency meeting are temporary and must be ratified at a public meeting within forty-eight hours of the emergency meeting. • Day-to-day administrative activity does not require notice. Executive sessions Executive sessions not open to the public may be called for the following purposes: • Meetings with the municipal attorney or law enforcement officials to consider matters posing a threat to the security of public or private property, or a threat to the public’s right of access. Consultations with legal counsel except as it relates to items covered under these statutory exceptions cannot be held in closed sessions. • Meetings to consider appointment, employment, and dismissal of employees or to hear complaints brought against public employees (unless the person requests a public hearing). Witnesses at either a public or private hearing can be excluded during the examination of all other witnesses. Following the hearing, the governing body may deliberate on its decision in executive session. • Meetings on matters concerning pending or proposed litigation in which the governing body is or may be a party. • Meetings on matters relating to national security. • Meetings of a licensing agency while preparing, administering or grading examinations. • Meetings to consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause the likelihood of an increase in price; • Meetings to consider the acceptance of donations, gifts and bequests the donor has requested be kept confidential. • Meetings to discuss information classified as confidential by law. • Meetings to consider the acceptance or tender of offers regarding wages, ---PAGE BREAK--- Open Meetings Law 7 salaries, benefits and terms of employment during such negotiations. Collective bargaining negotiations should be conducted in open public meetings. The sessions at which offers are considered or formulated may be closed. An executive session may be held only pursuant to a motion that is seconded and carried by a majority vote of the council members in attendance when the motion is made (Wyo. Stat. 15-1- 105). The statutory reason for going into executive session should be stated in the motion. By law no action of the governing body can be taken except during a pub- lic meeting. Therefore action cannot be taken during an executive session. Minutes of the executive session are required to be taken. Minutes of the executive session should cite the statu- tory reasons for which an executive session was called. Detailed minutes of discussions held in executive sessions are not necessary. Meeting Minutes The act requires all governing bodies to record (but not necessarily to publish) minutes of all meetings, including those where no action is taken. Minutes reflect all official acts. If an action is taken, the minutes are to be published. The minutes are public records. There is no requirement for recording discussions and commentary among the council members with regard to the various agenda items. While all official acts must be recorded, how much additional discussion is to be included in governing body minutes is left to the discretion of the governing body. ---PAGE BREAK--- Wyoming Association of Municipalities 8 Minutes are required to be maintained of all executive sessions. Except for those parts of minutes of an executive session reflecting a member’s objection to the executive session as being in violation of the WOML, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order (Wyo. Stat. 16-4-405(b)). Minutes of executive sessions should be maintained in a secure location, such as a locked file cabinet, with only very limited and secure access. At least one member of the governing body as well as the clerk or municipal attorney should be able to access the executive session minutes. Violations Violations of the WOML can have very serious consequences both for the municipality and for elected officials. All actions taken during a meeting in violation of the Act are considered null and void. Contracts, employment decisions and budget approvals can be set aside and deemed never to have happened when the governing body fails to comply with the WOML. Any member of the governing body who attends or remains at a meeting where an action is taken knowing that the action is in violation of the WOML shall be guilty of a misdemeanor unless minutes were taken during the meeting and the parts recording the member’s objections are made public; or, at the next public meeting, the member objects to the meeting where the violations occurred and asks that the objection be recorded in the minutes. Public officers found in violation of the act are guilty of a misdemeanor and can be assessed fines of up to $750. ---PAGE BREAK--- Open Meetings Law 9 Other statutes include criminal penalties that may apply to open meetings violations. Disclosure of information acquired in executive session which is not intended for public disclosure is a violation of the Ethics and Disclosure Act (Wyo. Stat. 9-13- 105(c)). For actions prohibited by both the WOML and Wyo. Stat. Title 6 – Crimes and Offenses, the provisions of Title 6 apply. In Conclusion Compliance with the Open Meetings Law is a serious matter. Regardless of any penalties, government is most effective and public confidence is the greatest when the public business is conducted in public. Beyond the few exceptions provided in the Wyoming Open Meetings Law, public meetings are to be “open to the public at all times.” ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] ---PAGE BREAK--- Effective meeting procedures and techniques A handbook for municipal elected officials Wyoming Association of Municipalities 2008 ---PAGE BREAK--- 2 Effective Meeting Procedures & Techniques Effective Meeting Procedures and Techniques Contents Introduction 3 Overview of Roles and Responsibilities 4 Council Conduct with the Public 5 Council Conduct with Staff 6 Council Conduct with Boards and Commissions 6 Council Conduct with the Media 7 Meeting preparation and procedures 8 Agenda format 9 Motions in a nutshell 9 Sanctions 13 ---PAGE BREAK--- Wyoming Association of Municipalities 3 Introduction This handbook includes guidelines for rules of procedure for the conduct of meetings of the governing body. It is designed to describe the manner in which council members should treat one another, staff, constituents, and others they come into contact with in representing the municipality. It describes the behavior, manners and courtesies that are suitable for various occasions and is designed to make public meetings and the process of governance run more smoothly. Every legislative body should adopt a set of rules by which to operate. These rules can be simple or detailed; they can incorporate Robert’s Rules of Order Newly Revised, or another set of prepared rules. Alternatively, the council or board may establish their own rules. The goal is to guide the council, make the legislative process more efficient, stable and predictable, and reduce disputes concerning correct procedure. Rules of procedure can help reduce interpersonal friction, result in better decisions and add to the credibility of the council. In addition, there are other practices and techniques that help the council operate more as a team, instill confidence in the municipal government and otherwise serve the public interest. Some of these suggested practices and techniques are included in this handbook. Regardless of procedures used by a governing body, it is important that the procedures emphasize openness to the public, scrupulous fairness to all sides of the issues presented before the council, and consistency. Finally, it is important to note that there is no single “right” way to conduct an effective meeting and, in some cases, the items discussed in this handbook may be legally prescribed in a municipality’s ordinances or charter. This handbook is intended to provide a general snapshot of procedures and information that should be relevant and useful to many municipalities. When in doubt, elected officials are advised to consult with their municipal attorney to determine what legal requirements may be in place. ---PAGE BREAK--- 4 Effective Meeting Procedures & Techniques Overview of Roles and Responsibilities All members of the Governing Body, including the Mayor and President of the Council, have equal votes and voice. With the exception of the Mayor’s veto power, no council member has more power than any other council member, and all should be treated with equal respect. Presiding officer The Mayor will chair officials meetings of the Governing Body, unless the Council President or another council member is designated in the Mayor’s absence. The Mayor shall: ƒ Maintain order, decorum and the fair and equitable treatment of all speakers. ƒ Keep discussion and questions focused on specific agenda items under consideration. ƒ Know and enforce the council rules of procedure and parliamentary law. Council President When the Mayor is absent from a council meeting, the council president presides. The council president is a member of the council and has been elected or appointed to his or her position by the governing body. Council members The corporate and legislative authority of all Wyoming municipalities is vested in a city or town council, which is generally composed of between five and nine representatives chosen by the electorate for fixed terms of office. As previously discussed, the presiding officer is a member of the council. All members of the municipal governing body have the right to full participation in the proceedings. That is, a member has the right to make motions, to speak in debate on motions and to vote on all questions put before the council. Professional respect and courtesy are of the utmost importance to elected officials, and it is imperative that elected officials serve as a model representative of their community at all times. Not only will composure and professionalism enhance the quality and effectiveness of meetings, but it also will earn respect and attentiveness from colleagues, municipal staff, the media and the public. Here are just a few basic professional responsibilities of elected officials: 1. Be prepared for each meeting, read the agenda and other advance materials thoroughly, and arrive at the meeting by the specified time. 2. Strive to contribute relevant information and opinions to the council’s proceedings within the framework of proper procedure, avoid “grandstanding” or repetitive speech. ---PAGE BREAK--- Wyoming Association of Municipalities 5 3. Confine remarks and questions to matters before the governing body as specified by the agenda format or order of business. 4. Listen to and refrain from private conversation when citizens or other members of the council are speaking. 5. Accord courtesy to council members, to municipal officials and employees, and to citizens appearing before the governing body. 6. Refrain at all times from rude and derogatory remarks, reflections as to the integrity of others and statements as to the motives and personalities of others. 7. Work toward consensus whenever possible, recognizing and respecting the knowledge and opinions of fellow council and board members. Council Conduct with the Public Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. ƒ Be welcoming to speakers and treat them with care and gentleness. The way that Council treats people during public meetings can do a lot to make them relax or to push their emotions to a higher level of intensity. ƒ Give the appearance of active listening. It is disconcerting to speakers to have council members not look at them when they are speaking. ƒ Ask for clarification, but avoid debate and argument with the public. Only the Chair, not individual council members, should interrupt a speaker during a presentation. However, a council member can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language a council member finds disturbing. ƒ If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by council members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. ƒ No personal attacks of any kind, under any circumstance. Council members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive. ƒ Make no promise on behalf of the Council. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff will do something specific. (Fix a pothole, plant new flowers, etc.) ƒ Make no personal comments about other council members. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other council members, their opinions and actions. ---PAGE BREAK--- 6 Effective Meeting Procedures & Techniques Council Conduct with Staff Governance of the City relies on the cooperative efforts of elected officials, who set policy, and staff, who implements and administers the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. ƒ Treat all staff as professionals. Clear, honest communication that respects the abilities, experience and dignity of each individual is expected. ƒ Questions of staff and/or direction to staff should be directed to the appropriate supervisor, rather than directly to the staff member. When in doubt about what staff contact is appropriate, council members should ask the Mayor or professional administrator for direction. Materials supplied to a council member in response to a request will be made available to all members of the council so that all have equal access to information. ƒ Never publicly criticize an individual employee. Council should never express concerns about the performance of a City employee in public, to the employee directly or to the employee’s supervisor. Comments about staff performance should be made to the Mayor or Administrator through private correspondence or conversation. Council Conduct with Boards and Commissions A municipality may establish boards and commissions as a means of gathering more community input. These citizens are a valuable resource to the governing body and should be treated with appreciation and respect. ƒ If attending a Board or Commission meeting, be careful to only express personal opinion. Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation could be viewed as unfairly affecting the process. Any public comments by a council member at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire Council. ƒ Limit contact with board and commission members to questions of clarification. It is inappropriate for a council member to contact a board or commission member to lobby on behalf of an individual, business or developer. It is acceptable for council members to contact board or commission members in order to clarify a position taken by the Board or Commission. ƒ Remember that Boards and Commissions serve the community, not individual council members. Board and commission members do not report to individual council members, nor should council members feel that they have the power or right to threaten board and commission members with removal if they disagree about an issue. Appointment and reappointment to a Board or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. ---PAGE BREAK--- Wyoming Association of Municipalities 7 Council Conduct with the Media Council members may be contacted by the media for background and quotes. ƒ The best advice for dealing with the media is to never go “off the record”. Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted. ƒ The Mayor or Administrator is typically the official spokesperson representing the municipality’s position. The Mayor or Administrator is designated to present and speak on the official city position. If an individual council member is contacted by the media, the council member should be clear about whether their comments represent the official city position or a personal viewpoint. ƒ Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. ---PAGE BREAK--- 8 Effective Meeting Procedures & Techniques Meeting preparation and procedures Meeting routine The meeting routine or the established order in which various categories of business are to be considered by the governing body differs somewhat from one municipality to another. Despite variations in arrangement, most agenda formats may be divided into two categories: procedural items of business that occur at most meetings, including the roll call, opening ceremonies, reading and approval of minutes, etc.; and substantive items of business that may vary from meeting to meeting and include public hearings, ordinances, resolutions, etc. There is no single correct order of business for municipalities to follow and state law does not require any particular order. Many cities and towns, however, have prescribed an order by charter, ordinance, resolution or the body’s rules of procedure. While variations on the order of business abound, a fairly common order might look like this: 1. Call to order 2. Opening ceremonies, presentations and proclamations (Pledge of Allegiance, invocation, special citations and awards) 3. Roll call 4. Reading and approval of minutes 5. Public comments 6. Public hearings 7. Action items – ordinances, resolutions, contracts, etc. 8. Reports from staff, boards, committees, etc. 9. Adjournment The role of the agenda Meetings normally have a written, published agenda, which constitutes the body’s agreed-upon road map for the meeting. A written copy of the agenda is therefore prepared in advance and distributed to council members, citizens, the media and other interested persons to inform them of the items of business to be considered. The municipal clerk or manager/administrator often prepares the agenda. This responsibility varies and is usually set by the governing body. In addition, the clerk or manager/administrator follows the appropriate public notification procedures as outlined in state statute. ---PAGE BREAK--- Wyoming Association of Municipalities 9 Agenda format While there are several approaches to agenda item discussion and no single “right” way to conduct the discussion, one possible format follows: 1. The presiding officer or chair (normally the mayor) should announce the agenda item and briefly describe the subject to be discussed. 2. The chair should invite the appropriate people to report on the item and provide recommendations. The appropriate people may be a member of the governing body, a committee chair, or a staff person responsible for providing information to the body. 3. The presiding officer should then open the agenda item to the council to ask questions. 4. If appropriate, the presiding officer may invite public comments after the council has had the opportunity to ask their questions about the agenda item. 5. Once the public comment period (if applicable) is over, the presiding officer can request a motion to be made from the governing body. A second is typically required to ensure that more than one person on the council is in agreement with the motion before the question is posed to the rest of the body for vote. The presiding officer may wish to announce who made the motion and the second for purposes of meeting minutes. 6. Once the motion has been made and seconded, the presiding officer can entertain debate from the council. If little or no discussion takes place, the presiding officer can proceed directly to the vote. If the discussion is more the presiding officer may wish to restate the motion to be sure that everyone understands the question before them before taking a vote. 7. After closing the discussion, the presiding officer calls for a vote. The vote typically involves asking for the “ayes” and then the “nays”. Unless specific legal provisions require a super majority, a simple majority is all that is needed to pass a motion. The presiding officer announces the results of the vote and may note the dissenting votes for the purpose of meeting minutes. Motions in a nutshell Motions are vehicles for decision-making. There are three basic types of motions: 1. The basic motion. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we approve the conditional use permit for the operation of a home day care for up to six children at 123 Main Street.” 2. The motion to amend. If a member wants to change a basic motion under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to allow up to five children.” 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion ---PAGE BREAK--- 10 Effective Meeting Procedures & Techniques might be: “I move a substitute motion that we prepare a study on day care needs in the community.” Motions to amend and substitute motions are often confused. They are very different, and so is their effect, if passed. ƒ A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. ƒ A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. Agenda Efficiency An agenda should include only as many items of business as can be considered in the time allotted for the meeting. If there are 32 items on the agenda and each item is estimated to take “only” 10 minutes, the council is in store for a six-hour meeting. Some method to eliminate or consolidate the agenda items should be considered. Reducing the number of items placed on the agenda is often a difficult task, especially when certain decisions must be made by the governing body, and when citizens have a right to know the reasons behind decisions. In such a case, some ideas to eliminate or consolidate agenda items are: Time-saving ideas 1. The council may establish policies to handle recurring decisions, then direct staff members to follow the policy. 2. Items may be handled by a committee or focus group, which does the initial gathering of opinion and facts, organizes the information and recommends a course of action to the council. 3. The council should evaluate whether items are being postponed to future meetings when they could be dealt with at the present meeting. While decisions should not be made in a casual or hasty manner, council members should resist postponing items in the hope that, at the next meeting, a whole new set of facts will surface and make the decision easier. The “new set of facts” may make the decision more difficult and “perfect” solutions rarely materialize. Delay, when it results in a better decision, is commendable; but delay so that an official does not have to act on a sticky question may be inefficient and irresponsible. 4. The council may set definite times for the meeting to come to order and to adjourn. Few council meetings achieve much of value after four hours, and three to four hours is usually enough time to allocate for most meetings. Time limits also may be set for special hearings that are not required by law, for citizen participation periods and for the debate by council members. 5. Establish a consent agenda. ---PAGE BREAK--- Wyoming Association of Municipalities 11 Consent agenda A consent agenda allows the council to approve several items of routine business with one vote. Considered to be one category of business, the consent agenda contains routine items that are not controversial in nature and do not require further discussion. Each governing body can determine which items of business are routine and can be placed on a consent agenda. Typical consent agenda items might include: ƒ Approving minutes ƒ Receiving and filing reports ƒ Receiving, filing or referring communications ƒ Approving license applications and permits ƒ Approving authorization to execute contracts ƒ Reading of resolutions or second reading of ordinances deemed non-controversial ƒ Approving finance warrants It also is important to note that items can be removed from the consent agenda, often at the request of a single council member or member of the public, for consideration by itself. Citizen Participation in a Meeting How the governing body handles citizen participation can affect the meeting and the impression citizens have of their municipal government. For example, if the council has made no specific provisions for citizen participation, any item of business may be sidetracked by a citizen who wishes to speak. It is, therefore, important that the governing body decide how and when citizens may participate, and adopt or amend rules of procedure accordingly. The method by which citizens are allowed to speak at a council meeting varies from community to community, and the procedures may be established by ordinance, resolution, rule or tradition. Basically, however, there are four methods of placing citizen participation on the agenda. It is important that regardless of the method used to involve the public, citizens attending the meeting should have a clear idea of where in the agenda their comments will be heard before the meeting begins. 1. Citizens are recognized throughout the meeting. The council recognizes citizens and allows them to speak at any time throughout the meeting, as long as their comments are restricted to the agenda item currently under consideration. 2. Citizens are invited to be heard. During this period, the council recognizes citizens and allows them to speak only on matters of business listed on the agenda. This method may be used exclusively or in addition to the public comment described below. ---PAGE BREAK--- 12 Effective Meeting Procedures & Techniques 3. Public comment. During this period, the council recognizes citizens and allows them to speak on any matter other than those listed for the governing body’s consideration. This method is used most often in combination with the previous two methods. When a council holds a public-comment period, it must consider certain issues: How quickly will council respond to a citizen’s request? Will any discussion be allowed? For example, if a citizen brings a request for drainage improvements on his or her property, will discussion of this concern occur? 4. Public hearings. Under the agenda category “public hearings,” citizens are allowed to speak only on matters listed for hearing. The public hearings category is usually a necessary agenda item for all cities and towns on certain subjects and may be used in addition to any other method. Public hearings vs. public comment A public hearing is any meeting or portion of a meeting of the municipal governing body at which members of the public are given the opportunity to speak on specific matters on the agenda for hearing. As such, public hearings are distinguished from citizen participation or public comment. Public hearings Public hearings are held to allow citizens in the community and other interested persons to speak to the council about certain specific subjects. Often, public hearings are required by law. The council does not make a decision until it has closed such hearings. No public hearing can be successful unless the people attending the hearing understand the issues to be discussed. It is just as important for citizens to understand the issues as it is for council members. Little true headway can be made at a public hearing if there are already misconceptions about either the issues or the council’s intentions for dealing with them, and such misconceptions can cause substantial harm. When citizens understand the issues, they are more likely to make intelligent and comments about the advantages or drawbacks of the plan under consideration. Even when citizens oppose the government’s position on a particular issue, it is still better if they accurately understand the facts. Council members should not express opinions during the public hearing portion of the meeting, except to ask pertinent questions of the speaker or staff. “I think” and “I feel” comments by council members are not appropriate until after the close of the public hearing. Council members should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. ---PAGE BREAK--- Wyoming Association of Municipalities 13 Procedures to promote orderly public comment ƒ Establish rules of procedure before the hearing and read them at the beginning of the hearing so that everyone understands how the hearing will be conducted. ƒ Set time limits on how long speakers can talk. ƒ Be fair and equitable in allocating public hearing time to individual speakers. Allow each person who wishes to speak a chance to do so before allowing a second round of comments. ƒ Ask each speaker to begin by stating his or her name, any group being represented, if any, and how many people he or she represents. ƒ State that disruptive behavior will not be tolerated. ƒ When a large number of citizens attend a meeting to speak about an issue, there are a number of strategies to ensure that everyone’s opinion is heard without unduly lengthening the meeting. First, the presiding officer can ask the citizens to sign in either “for” or “against” the particular issue at hand, and then request a representative from each group to speak on behalf of the others. The body also may simply ask members in the audience who are in agreement with the speaker to stand and acknowledge that fact in lieu of speaking. Study sessions Study sessions are a common way for councils to manage the time of formal meetings more effectively. Study sessions are meetings held outside of the regular council meeting primarily for educational purposes. Certain issues before the council are more complicated than others, and therefore require extra time and depth that is difficult to accommodate in a regular council meeting. Many councils choose to have study sessions on a regularly scheduled basis, while others opt to have study sessions on an as-needed basis. By conducting the majority of the in- depth discussion at a study session, time allotted during the regular council meeting can be reserved for public input and formal decision-making. Executive sessions State law specifies in detail subjects that can be considered in executive sessions and procedures for calling and conducting executive session. These legal requirements should be carefully adhered to and, when in doubt, the municipal attorney should be consulted. Sanctions ƒ Public Disruption. Members of the public who do not follow proper conduct after a warning in a public meeting may be barred from further testimony at that meeting or removed from the council chambers. ƒ Inappropriate staff behavior. Council members should refer to the Mayor or Administrator any City staff who do not follow proper conduct in their dealings ---PAGE BREAK--- 14 Effective Meeting Procedures & Techniques with council members, other City staff or the public. These employees may be disciplined in accordance with standard personnel policies for such action. ƒ Council members behavior and conduct. Council members who intentionally and repeatedly do not follow proper conduct may be reprimanded by the Council. Serious infractions could lead to conflict of interest violations, as defined by Wyoming State Statutes. ---PAGE BREAK--- Keeping Public Meetings on Track Wyoming Association of Municipalities December 2013 ---PAGE BREAK--- A portion of the information in this flyer was adapted from an article by the Institute for Local Government that originally ran in the April 2013 issue of Western City magazine, the magazine of the League of California Cities. The Institute is the 501(c)(3) research affiliate of the League of California Cities and the California State Association of Counties. The Institute welcomes all municipal officials to take advantage of the various resources available on its website, www.ca-ilg.org, including the resources available on its meeting resource center, http://www.ca-ilg.org/meeting-resource-center. Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 Telephone: (307) 632-0398 Website: www.wyomuni.org E-mail: [EMAIL REDACTED] ---PAGE BREAK--- Keeping Public Meetings on Track 1 At Goal-Setting Workshops and Meeting Importance of the Presiding Official’s Setting the stage when the meeting Defining the issue to be Listening to the points being Other strategies to make meetings more Staff Jargon & Decision-Maker When many people want to share their perspectives...................6 Keeping Public Meetings on Track ---PAGE BREAK--- Keeping Public Meetings on Track 2 At Issue: Our city needs help with some ongoing issues related to meetings of the governing body. The meetings are long, and as the evening progresses, the tone of the discourse and the quality of discussion declines. One of our council members is frequently disruptive, and some of the audience follows his lead. As well as discouraging to the other elected officials and staff, I’m worried the nature of our meetings is causing a lack of public trust in local government, and may discourage good people from running for office. Response: Unfortunately disruptions in meetings seem to be increasingly common. How to handle the situation presents both ethical and legal issues. The values of respect and responsibility can be good guideposts for everyone participating in public meetings. Respect has two dimensions in this situation: respect for differing viewpoints and respect for people’s time. Everyone involved has responsibilities. For decision-makers this includes coming to meetings prepared and contributing to the wise use of meeting time. It also means structuring decision-making in a way to maximize the likelihood decisions are made with the public’s best interest in mind. Disruptiveness: Why are people engaging in disruptive behavior, or behavior perceived as disruptive? Reasons vary—differing visions for the community may arise and personality conflicts can also play a role. Disruptive behavior may stem from participants’ conflicting views of the meetings purpose or how it should be run. Sometimes people feel their perspective is not being heard or taken into account—they feel shut out of the decision-making process. Being disruptive becomes a way of “turning up the volume” to increase the likelihood that one’s views will be noted and respected. Even if people disagree about which decision best serves the public’s interest, consider ways of incorporating the disrupters’ concerns into the decision-making process so they feel less need to be disruptive. Engaging in active listening techniques—making eye contact with those speaking, taking notes, maintaining a respectful demeanor and acknowledging the point being made—can help speakers feel they are being heard. Conflict is a natural part of the democratic decision-making process, but it need not become disruptive. A successful meeting is one where everyone feels heard even if the outcome was not the one they wanted. ---PAGE BREAK--- Keeping Public Meetings on Track 3 Goal-setting workshops and meeting agendas: Annual goal-setting processes can be useful forums for establishing governing board and organizational priorities. These can provide a forum for decision-makers to discuss bigger- picture challenges facing the community and find common ground on various issues. Goal setting sessions also provide an opportunity to build collaborative working relationships among elected officials and staff. A neutral facilitator is often utilized (and helpful) to conduct the workshop. Decisions the group may discuss can include: * Deciding on meeting rules. These could include Roberts Rules of Order, develop- ment of their own rules, or a combination of both. * Long and short term goals and priorities. How agendas are structured can minimize or amplify frustration. Consider these practices: • Include a general public comment item on the printed meeting agenda. • Don’t change the order of the agenda for a few individuals. • Utilize a consent agenda process for routine or non-controversial items. • Schedule executive sessions (those not open to the public) in ways that minimize the need for the public to wait. Importance of the presiding official’s skills: It cannot be over-emphasized how the presiding officer can affect how well meetings run and how constructively conflicts are handled. A number of techniques can be used to conduct orderly meetings and keep the conversation focused and moving toward a resolution. The presiding officer must keep business moving. This includes keeping track of motions on the floor and keeping speakers on track with discussion topics. Setting the stage when the meeting begins: A welcome and introductions help the public—especially those first-timers—know who is sitting at the dais, what opportunities there will be to provide input, and how they can understand what is going on. A brief overview of the meeting procedures can remind both decision-makers and the public what needs to be accomplished during the meeting. It can also be helpful to provide an overview brochure or guide explaining council meeting procedures to citizens as they come into the meeting. ---PAGE BREAK--- Keeping Public Meetings on Track 4 Defining the issue to be decided: The presiding official can also help by identifying the question or issue to be decided. For example the chairperson could say, “The issue before us is whether the application to engage in X enterprise meets the standards in our zoning code for such activities.” This enables the presiding official to remind council members and the public as to the topic immediately pending on the floor. Listen to the points being made: To play an effective role in managing conflicts arising during the course of a discussion, the presiding official must conduct the meeting fairly. This means applying meeting standards and procedures in an impartial way. As part of this impartiality, it can be helpful for the presiding official not to engage in debate and to refrain from expressing his or her views on a matter. To ensure every comment can be heard it is essential no one speak until they have been acknowledged by the presiding official. All discussion must be addressed to the presiding official—never directly to an individual in the audience, or the staff, or to the governing body. This is especially important when dealing with a contentious subject. Only in the most friendly and informal settings should this practice be set aside. Taking well- timed breaks to allow participants to regain their composure can also help. What the presiding officer cannot do is shut out perspectives with which the majority of the governing body disagrees. Generally the meeting format should provide an opportunity for the public to address the governing body on any item of interest within the body’s jurisdiction. If the issue of concern is one pending before the governing body, the opportunity should be provided before or during the body’s consideration of that issue. The exception would be consent agenda items if a consent agenda is utilized. Civility: The presiding official can encourage everyone to be civil, courteous, polite and mutually respectful toward each individual expressing their opinion. Individuals who are actually disrupting the meeting may be removed pursuant to state law.* Before doing so, the presiding official is well-advised to give the individual advance notice their conduct is disrupting the meeting and what they need to do to remain a part of the meeting. If an individual or group willfully interrupts a meeting and order cannot be restored, the room may be cleared. Both options are legally available, but should be reserved for the most extreme situations. *For more information refer to Wyoming Statutes 6-6-301 to 6-6-307 and 16-4-406. Schedule closed sessions in ways that minimize the need for the public to wait. ---PAGE BREAK--- Keeping Public Meetings on Track 5 Other strategies to make meetings more productive: Staff preparation: Solid staff work clearly identifying the issues to be decided and the information relative to the decision helps keep the discussion on point. Conversely, unclear or incomplete staff work can have the opposite effect. Staff presentations should summarize information in the staff report. Both written and oral staff communications should use clear language that everyone, including the public, can understand. Jargon and acronyms For those who are familiar with an issue or project, it is easy to form a habit of using the jargon or acronyms associated with the subject at hand. However, in public meetings there are almost always people in attendance to whom such terminology is just confusing and frustrating. The rule for good practice is simple—don’t use jargon or acronyms without making sure everyone understands the meaning. Decision-maker preparation: Decision makers need to focus on issues. They need to seek facts, not opinions. Being on time and coming to the meetings prepared reflects well on a decision-maker, particularly when such preparation results in everyone’s time being used efficiently and respectfully. This includes asking questions of staff in advance—either to save time at the meeting, or, for those questions that need to be addressed in the meeting, to enable staff to prepare to answer questions accurately and Don’t surprise your staff at meetings with questions they need to research. The goal of working for the best interest of your citizens will be accomplished more effectively by working together. The most effective decision-makers will engage in thoughtful dialogue. They are considerate and tolerant of opposing views. They understand the overall goal is the community’s well-being which will include goal setting and planning for the community’s future. Elected officials are trusted with making decisions affecting the entire community, and not just for a single individual or group. Decisions reflecting the greatest good for the greatest number of people need to be a guiding principal. Engaging in active listening techniques can reassure speakers their views are being heard. ---PAGE BREAK--- Keeping Public Meetings on Track 6 When many people want to share their perspectives: Even if people want to share their views, they may be anxious about public speaking. This anxiety can increase when they are uncertain how to best express their point of view. Provide them multiple ways to communicate in order to reduce the pressure on meeting time. Encourage letters and other forms of communication for the public to make their views known. At the meeting, ask for a show of hands, or ask the group to appoint a spokesperson and then give that person additional time as needed. These techniques allow for citizen involvement while avoiding repetitive comments that can prolong a meeting. Finally As a general practice, you may want to adopt reasonable regulations to ensure everyone has a chance to speak, and the meeting is over in a timely fashion. Time limits should be applied in an even-handed manner and decision-makers can serve as an example in keeping their comments limited to the issue at hand and avoiding repetition. A well-organized agenda, opportunities for public comment, and following protocol among decision-makers, are essential strategies to an effective meeting. A successful meeting is one where everyone feels heard even if the outcome was not the one they wanted. Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 (307) 632-0398 www.wyomuni.org Our thanks to the Institute for Local Government and the League of California Cities for allowing us to adapt their article, Get Your Public Meetings Back on Track, for our readers. ---PAGE BREAK--- EFFECTIVE MEETING PROCEDURES QUICK REFERENCE “It is for the happiness of those united in society to harmonize as much as possible in matters which they must of necessity transact together” – Thomas Jefferson DECORUM OF DEBATE • All matters are directed through the Mayor • Only Mayor should interrupt speaker • Use formal titles • Be welcoming to speakers • Give appearance of active listening • Avoid debate and argument with public • Mayor would call as “out of order” any remarks made on comments outside of issue being addressed • Being recognized by the Mayor means being given permission to speak further • No personal attacks of any kind • May enforce reasonable time, place and manner regulations regarding public comments – cannot discriminate among viewpoints or censor speakers Agenda Format • Mayor announces agenda item • If action item: Motion and second on floor prior to discussion • Invite appropriate people to report on item (staff, applicant, public) • Questions, comments from council • Restate motion and who moved and seconded • Vote • Citizen participation at meetings – governing body needs to decide how and when citizens may participate • Public Comment period – may be at beginning or end of meeting (or both) o Set time limit o Speakers should approach podium, state name, group represented (if any) • Public Hearings – o Applicant has right to speak first o Staff explanations either before or after applicant o Speakers either pro or con o Council members should not express opinions during the public hearing portion of the meeting, except to ask pertinent questions of the speaker or staff. ---PAGE BREAK--- Parliamentary Motions Guide YOU WANT TO: YOU SAY: Make basic motion for action • Seek recognition from chair I move that (or • Motion must be stated in positive – if intent is not to take action, state the motion in positive way and then defeat the motion. • Motion must be seconded or motion dies for lack of a second. • Restated by Chair – “Moved by and seconded by “Is there any discussion?” • Then discussion on motion • Seek floor from Chair to speak • Chair can say “Discussion, discussion, discussion” - “All in favor of (restate the motion) signify by saying Aye. Those opposed say Nay.” Motion (passes or fails) • Mayor has a vote • Substantive motion is out of order while another substantive motion is pending. Modify wording of motion (amend) I move to amend the motion by… • Restate motion as it would read with amendment • Must be seconded • Chair will state amendment to motion and call for discussion on amendment. • Vote taken to accept or reject amendment to motion. • If passed, then discussion on original motion as amended • Vote on original motion End debate Call for the question (does not automatically stop discussion) Postpone to a certain time I move to table the motion until… • Sets aside formal vote to a later date. • If tabled, must be on agenda at next meeting unless specific time for tabling is included in motion Take tabled item off table Move to take (item) from the table • Requires second and majority vote • If motion to take from table fails, original motion dies. Defer consideration to an unspecified time I move to continue…. Take break I move to recess for… Close meeting I move to adjourn Enforce rules Point of order • May interrupt speaker • Does not require second • Is not debatable • Usually decided by chair Take matter from the table I move to take from the table…. Reconsider motion I move to reconsider the vote…. Withdraw motion I withdraw my motion. • May be withdrawn anytime prior to amendment or vote Abstaining - Duty to vote I abstain • May only abstain in cases of conflict of interest as defined by statute • In all other cases, failure to vote by member who is physically present, shall be recorded as a vote with the prevailing side. ---PAGE BREAK--- DECORUM OF DEBATE Some states require governmental board members to vote on any official decision, ruling. or other off1cral act The statutes of each state give directions to their governmental boards on the procedure that is used if for any reason there 1s a possible confliCt of Interest Any person or governmental body rece1ves the respect from others to the degree that they respect themselves If respect for the decorum of discussion IS demonstrated by the members, it shows not only respect for the individual. but respect for those persons who elected them and whom they represent. There are times when members of governmental bodies become disturbed by disruption created by the public when the members themselves are setting a poor example by disregarding the decorum of discussion. SOME GUIDELINES FOR DECORUM OF DEBATE 1. In drscussion the remarks made by the members should be confined to the motion or matter that is before them. 2. In discussion a member may condemn the nature or likely consequences of the proposed measure in strong terms, but must avoid personalities, and under no circumstances can he/she attack or question the motives of another member. The issue, and not a person, shall be the item under discussion. For example, "if a member disagrees with a statement by another in regard to an event which both witnessed, he cannot state in debate that the other's statement is 'false'. But he might say, 'I believe there is strong evidence that the member is mistaken' ."Roberts Rules of Order Newly Revised, 1 o'h edition. page 339. 3. The chair would immediately call as "out of order", any remarks made in regards to comments outside the issue being addressed. Another member may call to the attention of the chair this breach of procedure and decorum. The member making such remarks should cease the breach of decorum and continue with his/her remarks confined to the issue. 4. All remarks are made through the chair and one member may not interrogate another member or person speaking from the public except through the chair. 5. After a member has spoken or asked questions on a matter before the body, other members are given the opportunity to speak. If no other member wishes to speak, the member may continue speaking to the issue. 6. During discussion or voting members may not disturb the other members in any way that may be considered disruptive to the proceedings or hamper the transaction of business. 7 The chair may rule as "out of order" any action deemed "inappropriate" or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. B. Profanity and disorderly language or gestures at meetings are prohibited. 9. ALL MATTERS ARE DIRECTED THROUGH THE CHAIR CAP - Decorum in Debate S/02 page -1-of 2 ---PAGE BREAK--- I EXAMPLES OF DEBATING (DISCUSSING) MOTIONS When a motion is before the body, and it is a motion that creates a great deal of "feelings", a member can best serve himself/herself and the body by relating facts rather than feelings. Trying to regulate feelings does not work. Members do not like to be told how to feel. Presenting the facts will better serve the situation. TO SPEAK IN FAVOR OF A MOTION Addressing the chair "Mr./Madam chairman, (or mayor etc.), I am in favor of the motion"; and continue to give the reason for speaking in favor. Then conclude with a statement such as, "Therefore, I hope the motion will pass" or "I therefore urge the members to vote yes." Have you ever heard someone speak to a motion and you were not sure whether he/she was in favor of the motion or against the motion? TO SPEAK AGAINST THE MOTION Addressing the chair "I speak against the motion"; and continue giving the reason for speaking against. In speaking . make your points clear so that persons understand why you are speaking against the motion. Then conclude with a statement such as, "Therefore, I urge the members to vote against the motion." IS FOR THE HAPPINESS OF THOSE UNITED IN SOCIETY TO HARMONIZE AS MUCH AS POSSIBLE IN MATTERS WHICH THEY MUST OF NECESSITY TRANSACT TOGETHER." THOMAS JEFFERSON CAP - Decorum in Debate 5/02 page -2-of 2 ---PAGE BREAK--- I " ri 1 PRESIDING OFFICER-PRESIDENT, CHAiRMAN, MAYOR P.s the presidmg officer of the organization you set the example for impartiality courtesy, and obedience to rules Be the representative of your organization, Preside at all meetings of the organization Refer to yourself as "the chair." ccc Call meetings to order on time. Determine that a quorum is present. e Announce, in proper order, the business to come before the meeting. r? Recognize members entitled to the floor. State and put to a vote questions that le;Jitimate\y come before the assembly. = Announce the result of each vote and the effect of the action. r:;c Expedite business in every way possible without denying members their rights. Enforce rules of debate, order and decorum. cc Decide all points of order (subject to appeal). Respond to relevant questions of members. e Refrain from voting except wher: the vote is by ballot or when your vote would change the result rcc At the proper time, declare the meeting adjourned (by general consent or by a vote of the assembly). rcc Stand while calling a meeting to order. while declaring it adjourned, and while taking a vote. @ Carry out administrative and executive duties outlined in the bylaws or as directed by the assembly. Prepare a report to be given at the annual meeting. Material from NAP publication THE SPOTLIGHT is on YOU t/Je PRESIDENT ---PAGE BREAK--- AMEND RONR 10th edition, page 125 The subsidiary motion to AMEND is a motion to modify the wording-and within certain limits the meaning-of a pending motion before the pending motion itself is acted upon. AMEND is probably the most widely used of the subsidiary motions. Its adoption does not adopt the motion amended; that motion remains pending in its modified form. Rejection of a motion to AMEND leaves the pending motion worded as it was before the amendment was offered. THREE BASIC PROCESSES OF AMENDMENT each with TWO FORMS RONR 10'h edition, page 129 There are three basic processes of amendment, the third of which is an indivisible combination of the first two. Each process has two forms. 1. First process: INSERT, or ADO a. To insert words within a sentence, or to add wo;ds at the end of a sentence. Applied to a single sentence, or (occasionally) two or more consecutive sentences in a single paragraph b. To insert a paragraph, or to add a paragraph at the end 2. Second process: STRIKE OUT a. To strike out words Applied to a single sentence, or (occasionally) two or more consecutive sentences in a single paragraph b. To strike out a paragraph Applied to a paragraph and also to a section, article, or larger unit 3. Third process STRIKE OUT and INSERT, or SUBSTITUTE a. To strike out and insert words Applied to a single sentence, or (occasionally) two or more consecutive sentences in a single paragraph b. To substitute (strike out a paragraph, resolution, main motion and insert another) Applied to a complete paragraph of one or more sentences, and also a section, article, or larger unit For each of the three processes, some of the rules are different depending on whether it is applied with reference to a few words or to a whole paragraph or section. Many of the rules governing the different forms of amendment are particular application of the following principle: After the assembly has voted that certain words (or a certain paragraph) shall, or shall not, form part of a pending motion, it is not in order to make another motion to Amend that raises the same question of content and effect. Mary E. Bahde, PRP, 02/02 II ---PAGE BREAK--- CITY COUNCIL MEETING DOUGLAS CITY HALL, DOUGLAS, WYOMING (Date) Regular Meeting – 5:30 p.m. Please turn off cell phones or set to vibrate during meetings. REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES WHO WISH TO PARTICIPATE IN THIS PUBLIC MEETING SHALL BE MADE UPON REQUEST TO CITY OF DOUGLAS AT 358-3462. • Call to Order, Pledge of Allegiance, Roll Call Mayor Jones_____ Councilmember Reynolds_____ Councilmember Kingery_____ Councilmember Olson_____ Councilmember Bartling_____ 1. Consent Agenda (All agenda items listed under the Consent Agenda are considered to be routine items by the governing body and will be enacted by one motion unless a Councilmember or member of the public requests that an individual item be taken up under consideration separately, in which case the item will be placed under Council Action Items) A. Corrections, Additions and Approval of Agenda for (Meeting Date) B. Consideration of Resolution(s)/Ordinance(s) by Title Only C. Examples: Warrant Register, Period Ending (Date) D. Regular City Council Meeting Minutes, (Meeting Date) E. Special Meeting Minutes, (Meeting Date) F. Study Session Meeting Minutes, (Meeting Date) G. Planning & Zoning Commission Minutes, (Meeting Date) H. Correction of Special Meeting Minutes Date, November 17, 2014 Meeting 2. Proclamations A. Examples: National Arbor Day (May); Municipal Clerk’s Week (April); Fire Prevention Week (Oct); Veteran’s Day (Nov) 3. Presentations for Council/Public Hearings A. Conditional Use Permits via Resolution B. Rezone Applications via Ordinance C. Annual Budget (adopted via Emergency Ordinance at meeting following the public hearing) D. Liquor Licenses (Once annually in February for all renewals; periodically for New and Transfer licenses) E. Any type of transfer, sale, or purchases of city-owned property 4. Public Comments This section of the Agenda is reserved for comments from the General Public on matters relating to Douglas Municipal Government. In order to be heard, please approach the ---PAGE BREAK--- podium, speak into the microphone, state your name and affiliation and sign in. Council Meetings are broadcast live on TV (Cable Channel 61). If you have handouts to present to Council, please also provide a copy to the City Clerk. 5. Applications for Special Permits/Appointments to Boards and Committees A. Examples: Converse County Joint Powers Board (annually); WAM Voting Delegate and Alternate Voting Delegate for the WAM Winter Workshop annually); B. Appointments for any of the following: Planning & Zoning Commission/Board of Adjustments, Douglas Housing Authority, Historic Preservation Commission, Board of Appeals, voting/alternate voting delegate for WAM Winter Workshop and NLC Steering Committee(s), Rec Center and Joint Justice Committee Representatives, and the Fire Chief C. Selection of individual(s) to be appointed to any of the following boards with City representation: Joint Powers Board, Converse County Tourism Board, Federal Aid to Urban System, Wyoming Community Gas, and CANDO 6. Council Action Items A. All Ordinances, Resolutions, Bid Recommendations, Dept. Head Appointments, Contracts, Leases, etc. that the Council must take action upon that does not require a public hearing 7. Administrative/City Attorney Items A. Any item for discussion and possible motion in which the City Administrator and City Attorney wish to have a more discussion during a public meeting; these items do not qualify for a reason to adjourn into executive session and often Study Sessions are held prior to the Council meeting. 8. Tabled Items A. Items previously tabled are placed here until they are removed from the table during a Council meeting. 9. Council Information A. Examples: Sales Tax Reports, Treasurer’s Reports, Dashboards, various meeting minutes (Joint Powers, Fire Suppression Authority, Historic Preservation Commission) B. Mayor and Council use this section for various announcements or sharing of information after conferences, for example 10. Executive Session: if necessary; see Sample Motion to go into Executive Session. State Statute only allows six reasons to go into executive session. 11. Adjourn ---PAGE BREAK--- Consent Agenda Proper use of a consent agenda can speed up the meetings of the governing body. A consent agenda is grouping of routine, non-controversial matters that are to be considered as a single item of business. These matters can be grouped together as a separate item of business, or they can be listed throughout the meeting with a special symbol to designate them as a part of the consent agenda. A consent agenda can empower your organization to take care of routine issues efficiently and easily so you can reserve time for more urgent matters. However, the consent agenda practice should not be used unless all members of the council understand and agree to its use. The key to success is to provide all consent agenda information to members well in advance of the meeting. It is essential that members have ample time prior to a meeting to become familiar with each item on the consent agenda. Selection of Matters for Consent Agenda Once the governing body has decided to use the consent agenda, it must determine the types of business that are to be considered routine and non-controversial. It may be useful to those who plan the overall meeting agenda and the consent agenda to have guidelines, developed in consultation with the council, to clarify which types of items might be appropriate for the consent agenda. For a consent agenda to be successful, it is important to choose the right items to put on the consent agenda, and educate the members to know how to handle the process. In the beginning, it may be most effective to include only a few items on the consent agenda. As the process becomes more familiar, additional items can be added. Approval of minutes is usually a good item to begin with. If the council has been dealing with an issue for some time and all members are familiar with the implications, final approval of that proposal would also be a good item for the consent agenda. Non-controversial, routine matters are items that can be placed on the consent agenda. Placement of Consent Agenda It is recommended that the Consent Agenda be placed on the agenda at the beginning of the meeting, and an explanation of the process be given (as outlined on the sample agenda). It helps to have each item numbered, so that removal can be accomplished by simply stating which item needs to be removed. Approval of Consent Agenda The consent agenda is considered early in the meeting. Since it is treated as a single item of business, one motion covers all of the matters listed in the consent agenda. However, each item is recorded individually and in full in the minutes of the meeting. At the time in the regular agenda when there is to be action on the consent agenda, the chair will first inquire whether there are any items that need to be removed from the consent agenda. If any member wishes an item to be removed, it must be removed and ---PAGE BREAK--- placed on the regular agenda. Immediately following the opportunity to remove any items for separate discussion, the consent agenda is moved and approved as a set. Removal of Item From Consent Agenda Since all the matters listed in the consent agenda are treated as a single item of business, individual matters cannot be discussed unless they are removed from the consent agenda. The governing body, when it decides to use a consent agenda, should also adopt a rule covering who can cause an item to be removed from the agenda. In order to promote good public relations and citizen confidence and acceptance of the consent agenda, the governing body should provide an opportunity for a local citizen to state why they feel an item should be removed from the consent agenda for debate. If any items are removed from the consent agenda, they will be discussed and voted on separately. This can be done either immediately after the consent agenda has been approved or in their normal sequence on the meeting agenda. Suggestion - If copies of the meeting agenda are made available to the public, the consent agenda part should be preceded by an explanatory note such as (assuming the consent agenda is item number then the explanatory should read: “All matters listed under item 4, Consent Agenda, are considered to be routine by the city (town) council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion of any items is desired, that item will be removed from the Consent Agenda and considered separately.” ---PAGE BREAK--- ---PAGE BREAK--- ARTICLE 4 PUBLIC MEETINGS 16-4-401. Statement of purpose. The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act. 16-4-402. Definitions. As used in this act: "Action" means the transaction of official business of an agency including a collective decision, a collective commitment or promise to make a positive or negative decision, or an actual vote upon a motion, proposal, resolution, regulation, rule, order or ordinance at a meeting; (ii) "Agency" means any authority, bureau, board, commission, committee, or subagency of the state, a county, a municipality or other political subdivision which is created by or pursuant to the Wyoming constitution, statute or ordinance, other than the state legislature and the judiciary; (iii) "Meeting" means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the expressed purpose of discussion, deliberation, presentation of information or taking action regarding public business; (iv) "Assembly" means communicating in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously; "This act" means W.S. 16-4-401 through 16-4-408. 16-4-403. Meetings to be open; participation by public; minutes. All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. Action taken at a ---PAGE BREAK--- meeting not in conformity with this act is null and void and not merely voidable. A member of the public is not required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation. Minutes of a meeting: Are required to be recorded but not published from meetings when no action is taken by the governing body; (ii) Are not required to be recorded or published for day-to-day administrative activities of an agency or its officers or employees. No meeting shall be conducted by electronic means or any other form of communication that does not permit the public to hear, read or otherwise discern meeting discussion contemporaneously. Communications outside a meeting, including, but not limited to, sequential communications among members of an agency, shall not be used to circumvent the purpose of this act. 16-4-404. Types of meetings; notice; recess. In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws or rule for holding regular meetings unless the agency's normal business does not require regular meetings in which case the agency shall provide notice of its next meeting to any person who requests notice. A request for notice may be made for future meetings of an agency. The request shall be in writing and renewed annually to the agency. Special meetings may be called by the presiding officer of a governing body by giving verbal, electronic or written notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted and shall be issued at least eight hours prior to the commencement of the meeting. No other business shall be considered at a special meeting. Proof of delivery of verbal ---PAGE BREAK--- notice to the newspaper of general circulation, radio or television station may be made by affidavit of the clerk or other employee or officer of the agency charged or responsible for distribution of the notice of the meeting. The governing body of an agency may recess any regular, special, or recessed regular or special meeting to a place and at a time specified in an order of recess. A copy of the order of recess shall be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held. The governing body of an agency may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice. All action taken at an emergency meeting is of a temporary nature and in order to become permanent shall be reconsidered and acted upon at an open public meeting within forty-eight (48) hours, excluding weekends and holidays, unless the event constituting the emergency continues to exist after forty-eight (48) hours. In such case the governing body may reconsider and act upon the temporary action at the next regularly scheduled meeting of the agency, but in no event later than thirty (30) days from the date of the emergency action. Day-to-day administrative activities of an agency, its officers and its employees shall not be subject to the notice requirements of this section. 16-4-405. Executive sessions. A governing body of an agency may hold executive sessions not open to the public: With the attorney general, county attorney, district attorney, city attorney, sheriff, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property, or a threat to the public's right of access; (ii) To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or ---PAGE BREAK--- executive session, the governing body may deliberate on its decision in executive sessions; (iii) On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party; (iv) On matters of national security; When the agency is a licensing agency while preparing, administering or grading examinations; (vi) When considering and acting upon the determination of the term, parole or release of an individual from a correctional or penal institution; (vii) To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price; (viii) To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential; (ix) To consider or receive any information classified as confidential by law; To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all negotiations; (xi) To consider suspensions, expulsions or other disciplinary action in connection with any student as provided by law. Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order. Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made. A motion to hold an executive session which ---PAGE BREAK--- specifies any of the reasons set forth in paragraphs through (xi) of this section shall be sufficient notice of the issue to be considered in an executive session. 16-4-406. Disruption of public meetings. If any public meeting is willfully disrupted by a person or group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the person or persons who are willfully interrupting the meeting, the governing body of an agency may order the removal of the person or group from the meeting room and continue in session, or may recess the meeting and reconvene at another location. Only matters appearing on the agenda may be acted upon in a meeting recessed to another location. A governing body of an agency shall establish procedures for readmitting an individual or individuals not responsible for disturbing the conduct of a meeting. Duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section. 16-4-407. Conflict of law. If the provisions of this act conflict with any other statute, the provisions of this act shall control. 16-4-408. Penalty. Any member or members of an agency who knowingly or intentionally violate the provisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750.00) except as provided in this subsection. Any member of the governing body of an agency who attends or remains at a meeting knowing the meeting is in violation of this act shall be liable under this subsection unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes. If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply. ---PAGE BREAK--- City of Douglas Recurring Meetings Schedule City Council Meetings are held the second and fourth Mondays of each month at 5:30 p.m. If a meeting falls on a holiday, it is held on the next business day. There is typically only one meeting held in December. Special Meetings and Study Session are held as needed; Special Meetings require 8-hour notice to the media and public of items to be discussed. City of Douglas City staff meetings are held each Monday morning at 8:30 am, City Hall. Planning & Zoning (P&Z) Commission Meetings are held the third Monday of each month at 5:30 pm. If a meeting falls on a holiday, it is held on the next business day. However, P&Z has the ability to cancel meetings if there are no agenda items. Board of Adjustments Meetings are held on an as-needed basis in Council Chambers, but generally are held immediately after a P&Z meeting. Board of Appeals Meetings are held on an as-needed basis, but generally are held immediately after a P&Z meeting. Historic Preservation Commission Meetings are held on the third Tuesday of each month at the Pioneer Museum/Wyoming State Fairgrounds, beginning at 5:30 pm. County Commissioners Meetings are held the first Tuesday and Wednesday of each month, as well as the third Tuesday of each month, at the Converse County Courthouse Commission Chambers. Tuesday meetings are typically 8:00 am to 5:00 pm; Wednesday meetings are typically 8:00 am to 3:00 pm. Joint Powers Board Meetings are held on the first Wednesday of January, April, July, and October, 7:00 am to 8:00 pm, and locations alternate quarterly between Douglas and Glenrock. Fire Suppression Authority Meetings are held the second Tuesday of each month during the noon hour and locations alternate between Douglas and Glenrock. ---PAGE BREAK--- CANDO Meetings are held the second Wednesday of each month at 5:30 pm, CANDO building, 120 S. 3rd Street. Converse County School Board Meetings are held the second Tuesday of each month, beginning at 7:00 pm, at the CCSD#1 Administration Building, 615 Hamilton Street. Douglas Area Chamber of Commerce Meetings are held the third Thursday of each month at 11:30 am at the Chamber Office. City Council/County Commissioner Meetings These breakfast meetings are held the first Wednesday of the month (also a Commissioner meeting date) every month with the exception of January (Joint Powers month), April (Joint Powers & Breakfast with Entities month), July (Joint Powers), and October (Joint Powers and Breakfast with Entities). Meetings begin at 7:00 a.m. and end between 8:00 and 8:30 a.m. and are held at MHCC in the Boardroom next to the Cafeteria. Attendees are County Commissioners, City Council, City Administrator, City Clerk, and occasionally other County, City, or MHCC officials/staff. Breakfast with Entities Meetings Meetings are held on the third Tuesday of April and October, 7:00 a.m. to 8:00 or 8:30 a.m., at MHCC in the Cafeteria Classroom. ---PAGE BREAK--- Dat e January February March April May June July August September October November December 1 2 7:00a: City/County, MHCC Boardroom 7:00a: City/County, MHCC Boardroom 3 7:00a: City/County, MHCC Boardroom 4 7:00a: City/County, MHCC Boardroom 7:00a: City/County, MHCC Boardroom 7:00a: City/County, MHCC Boardroom 5 9:00a: County Oath of Office, Dist Ct ELECTION: REC CENTER 7:00a: City/County, MHCC Boardroom 6 7:00a: City/County, MHCC Boardroom 7 7:00a: Joint Powers Bd, Glenrock 7:00a: Joint Powers Bd, Douglas 8 7:00a: Joint Powers Bd, Douglas 7:0oa: Joint Powers Bd, Glenrock 9 10 11 12 13 14 15 16 17 18 19 20 7:00a: Entities MHCC Boardroom 21 7:00a: Entities MHCC Boardroom 22 23 24 25 26 27 28 29 30 31 2015 Calendar Other Meetings with City of Douglas, JPB and Entities ---PAGE BREAK--- Beyond the Public Hearing— Tools for Better Public Engagement Wyoming Association of Municipalities 2010 A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com “The minute people stop paying attention – that’s the beginning of tyranny” —Thomas Jefferson— ---PAGE BREAK--- Tools for Better Public Engagement 1 W e are a government “of the people, by the people, and for the people.” Ironically one area municipal officials often take too is the public engagement process. When a community project turns into a public relations nightmare, decision-makers are left scratching their heads about what went wrong. How can you, as a municipal government official, engage citizens as partners in problem-solving and decision-making so that “your” project becomes the community’s project? How can you move beyond the obligatory public hearing to truly engage the public in order to achieve public ownership and commitment to a project’s ultimate success? Effective public engagement is always important, but it also is becoming a legal requirement. For example, in March 2010, the Wyoming Business Council adopted new public participation requirements for community and economic development projects. In addition to the previously required legal public hearing, applicants are now required to “inform and educate the public and business community to the greatest extent possible about the proposed economic development project utilizing a variety of techniques and media.” A description of the applicant’s public engagement process must be included with the grant/loan application. So how does a community develop a public engagement process? Public Engagement With public sentiment, nothing can fail; without it, nothing can succeed. Consequently, he who molds public sentiment goes deeper than he who enacts statutes or pronounces decisions. —Abraham Lincoln— ---PAGE BREAK--- Wyoming Association of Municipalities 2 A Template for a Public Participation Plan Mayors, council members and staff have a natural inclination to identify problems and fix them However, there can be a downside to acting too quickly. Conflicts can arise when solutions affect people who have different ideas, goals, needs, values or interests. Accordingly, long before implementing decisions, municipal officials should take steps to include in the planning process those who will be affected by the outcome of a project. It is critical to build community support for a project by engaging citizens, businesses, property owners and other stakeholders. People with diverse attitudes and values need to have the opportunity to be involved. Without the input of its citizens, local government cannot have a true understanding of community values and needs. The process for reaching a decision in our community is often just as important as the decision itself. It must be the community’s vision and in order to know what that is, leaders must engage the community. Understanding the background and “history” of an issue or project can lay the groundwork for establishing community trust. It also aids in defining how the issue is presented to the public so it is neutral and unbiased, and without alienating certain groups or individuals. The most powerful public participation processes include empowerment of those members of the public who are invited, encouraged or recruited to assist in the project. Talking to constituents is not the same thing as empowering. It is also important to listen and hear. If decision-makers listen and consult and ignore what they hear – then the process is nothing but a fraud. One of the commonest ailments of the present day is premature formation of an opinion. —Frank McKinney Hubbard— ---PAGE BREAK--- Tools for Better Public Engagement 3 Key elements for a successful participation plan 1 Results-Focused – The public participation plan needs to develop and stick to a schedule. The end goal should always be kept front and center. 2 Offering information – It is important that efforts be made to educate people about choices and implications of alternatives while building on an understanding of the project. 3 User-Friendly – The information needs to be user-friendly. This means that it must be easy to understand and presented in a variety of ways to suit a diverse audience. No bureaucratic language! Diagrams, charts, and illustrations complement and clarify what is described in words. Different generations respond to different information venues – use them all! 4 Transparent – The process needs to be open and accessible to the public so that people can safely express themselves. They need to see that their ideas receive serious consideration. 5 Engage People – The process needs to be interactive, creative and fun with many opportunities for people to get involved. To keep people involved, give them a wide range of reasons to participate. 6 Find the Champions – It is vital to identify the champions in the community who are trusted to carry the vision. This group includes those with influence, interest, intelligence or who are impacted in some way by the issue. These are people who have enough respect among the group that they are trusted and can act as for commitments to action. “There is one thing better than good government, that is government in which all the people have a part.” —Walter Hines Page— ---PAGE BREAK--- Wyoming Association of Municipalities 4 Different Methods for Public Participation and Education There are a number of tools project planners can use to help bring a project to completion in a community. It is important to “get citizens together in the same room” to create relationships – the most common failure in community engagement processes is citizens not talking to one another. Being in the same room doesn’t necessarily mean physical location – it can be any form of coming together to discuss an issue. To keep people involved, give them a wide range of reasons to participate. Citizens are most willing to join in when there is food, entertainment or opportunities for networking and socializing. Method: Project website and on-line polls One way to engage the public from the beginning is to develop a project website with links to other relevant websites (city or town, chamber of commerce, economic development agency, etc.) This will allow people the opportunity to track the project’s progress as it unfolds. The website can be expanded to include on-line polls and blogs or other comment avenues. Social network sites such as Facebook, Youtube and Twitter should also be considered to facilitate dialogue. Method: Public Information Materials Public information materials provide updates about a project that is underway or in the planning stages. A sample range of public information materials might include: Billboards Flyers Display boards Electronic media Brochures News articles • • • • • • ---PAGE BREAK--- Tools for Better Public Engagement 5 Radio and television spots (paid and public service announcements) Regularly updated mailing lists Newsletters Newspaper ads, inserts and articles Website Posters Press releases Progress bulletins Videotapes Utility bill or bank statement inserts Method: Community Workshops/ Open Houses Community workshops or open houses are an important part of a project’s success. These allow the public to come together to share their thoughts, ideas and concerns about a project and to provide new information to strengthen the project. These sessions should not be a “lecture” format, but rather hands-on interactive exercises that are meaningful, fun and productive. Electronic key pad polling, paper pads and markers and computer simulations are all ways to effectively engage the public at a community workshop. The goal should be to • • • • • • • • • • achieve broad participation, establish common ground and create an atmosphere conducive to the exchange of ideas. Method: Community Events and Civic Organizations When possible, a project’s information pieces (flyers, brochures, etc.), can be piggy-backed onto local events that draw people, such as county fairs and community celebrations. Local leaders should schedule presentations at various civic or faith-based organizations as well. The face-to‑face communication offered through public speaking opportunities provides a great opportunity to inform citizens and encourage their involvement. Since this can be time consuming, it is sometimes necessary to prioritize opportunities in order to maximize effectiveness. Talking to constituents is not the same thing as empowering. It is also important to listen and hear. ---PAGE BREAK--- Wyoming Association of Municipalities 6 Method: Surveys Surveys can be done in a number of ways to measure attitudes, opinions and values. Surveys can be written, telephone, key-pad polling, or personal interview. Key person interviews are one-on-one talks about a specific topic or issue with an opinion leader, spokesperson for a particular interest group or representative of the local media. They can be very helpful in understanding the perspective of citizens. Method: Community Advisory Committee A community advisory committee is a representative group of diverse stakeholders that meets regularly to discuss broad issues of common concern. A community advisory committee will typically include representation from a variety of interest groups throughout the community. It will have regularly scheduled meetings on a number of topics centered around a subject matter or project and will be charged with making recommendations to the official decision-makers. Care should be taken to avoid selecting only like- minded individuals. These committees do better when ALL points of view can be fairly represented by advocates who aren’t afraid of speaking up! Method: Focus Group or Task Force A focus group is a quick way to generate ideas and get reactions on a specific proposal or problem. Six to ten people who may have something in common but who may not know each other are invited to attend a session. They will be assigned one specific task with a time limit for resolution or conclusions. There can be follow- up sessions if necessary. Because it is important to maintain a balance of participants, there is no “open” invitation extended to the general public. A neutral facilitator should be used to create an honest, non- biased, productive discussion. The municipality or other “host” organization can be present but should ---PAGE BREAK--- Tools for Better Public Engagement 7 not speak in defense of the project or provide opinions. A focus group should be used when the goal is to identify likes, dislikes and perceptions about a specific proposal, and when it is desirable to reach a lot of different groups and compare their thoughts and ideas. This process allows project planners to reach underrepresented groups who might not typically attend public meetings. It is a relatively efficient way to get feedback about a specific project. This method helps decision-makers understand the values of participants and their reactions to various proposals or alternatives. It can help in the development of policies, programs, services, distribution of resources and resolution of stalemates through a participative process. Method: Action Forum An action forum brings people from all walks of life into the same conversation. Thus, it is important to have a cross- section of the community involved. Action forums are very task-focused. They may involve 60-80 people. The large group is divided into small groups of 8-10 individuals. The small groups discuss the issues and then summarize their conclusions for the larger group. Task forces may then be created on action items identified. Official decision-makers are given the opportunity to add to conclusions reached in the small groups. Action forums allows participants to socialize and network which can lead to the changing of minds, a finding of common ground and acting in ways that go beyond their own self-interest. Participants develop empathy through learning, sharing personal experiences, understanding different views and building trust. Of course I’m a publicity hound. Aren’t all crusaders? How can you accomplish anything unless people know what you’re trying to do? —Vivien Kellems— ---PAGE BREAK--- Wyoming Association of Municipalities 8 Dealing with Conflict Always invite those with different viewpoints to be involved. If they agree to participate, they can help find middle ground. If they don’t wish to participate, the invitations can still open communications and build trust. The courtesy extended to them to be involved may defuse their opposition to a project. We unwittingly energize the negative forces in our communities if we attempt to stifle opposition. When conflicts exist it is important to acknowledge them in a respectful way. When the community is divided on an issue, seek to understand the reasons. Enlist everyone’s help in generating options to consider. Face-to-face dialogue often leads to increased empathy. Think of how, and where, you can find community members who will become the champions of the project. Summary There are many good ways to engage our communities. On any issue we need to ask several questions: What is our description of the project and who are the stakeholders? What are the competing needs? What are all of the interrelated elements? What will be the total cost—both initial and ongoing? What are our goals in engaging the public? Education? Fact-finding? Identifying alternatives? Obtaining buy-in? What do we need to learn from the public? What do we agree on and what are the public values that are in conflict? What does the public need to know in order to participate effectively? How might we use engagement tools to achieve our goals? • • • • • • • • • ---PAGE BREAK--- Tools for Better Public Engagement 9 In any public participation process, decision-makers should remember that they need to spend a great deal more time on consensus-building, educating and informing the public and not worry so much about arbitrary time limits – democracy takes time. Many of the issues that have caused conflict in communities could probably have been better handled by empowering the stakeholders to help the community and using the vast array of community resources to achieve ownership of the project. Our “community life” impulses are naturally very broad– people like to socialize, eat, listen to music, build things, network, solve problems, etc. Rather than dragging people away from “community life” to take part in the political process, community leaders should establish public participation processes within the framework of the existing community life. Leaders who create a tradition of effective public engagement provide a great service to their communities. The true potential of “government by the people” becomes a reality. Their home towns become the places that are prepared for the future—ready to meet challenges and take full advantage of opportunities. ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.” —Margaret Mead— ---PAGE BREAK--- Updated 10/14/2014 BOARD DESCRIPTIONS City of Douglas and Converse County Douglas Housing Authority Board • Purpose of the Douglas Housing Authority Board is to manage/oversee operations of the Douglas Housing Authority Project (Irwin Towers). • Consists of five members who serve five-year terms. • All members are appointed by the City Council upon recommendation from the Housing Authority Board. Historic Preservation Commission • Purpose of the Historic Preservation Commission: 1. Promote historic preservation and awareness; 2. Conduct cultural resource surveys; 3. Propose entries to the National Register of Historic Places and designate historic districts; 4. Act as advisors on matter of historic preservation and information; 5. Strive to build local economies through tourism, downtown revitalization, expansion of local tax base and economic development; 6. Help sustain the unique character of Wyoming communities by focusing on the community’s heritage; 7. Build pride in our past. • Consists of seven to nine members who serve three-year terms. • At least two members must reside within the City of Douglas. • At least two members should be professionals in historic preservation or related fields and should comply with the minimum qualification standards established by the National Park Service. • All members are appointed by City Council. Planning & Zoning Commission/Board of Adjustments • Purpose of the Planning & Zoning Commission: 1. Act as advisory board for the City Council; 2. Assist in the development of the City’s master Community Development Plan within the City of Douglas; 3. Review annexations, subdivisions, site/development plans, zoning, conditional use permits for the City. • Comprised of five members, all residents of the City of Douglas, all appointed by City Council, for three-year terms. ---PAGE BREAK--- Updated 10/14/2014 • Planning & Zoning members serve concurrent terms on the Board of Adjustments. • Purpose of the Board of Adjustments: 1. A quasi-judicial body who hear and decide: a. appeals from and review of any order, requirement, decision, or determination made by an administrative official; b. Enforcement of any ordinance adopted pursuant to zoning; c. Any variances to code. Board of Appeals • Purpose is to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the adopted building codes. • Consists of five members and one alternate, all appointed by City Council, and all qualified by experience and training in matters pertaining to building construction (cannot be employees of the City of Douglas). • The building official shall be an ex-officio member but will not be able to vote on any matter before the board. • Meetings are held when needed. • All decisions and findings are submitted in writing to the appellant with a duplicate copy to the building official. Converse County Joint Powers Board The Converse County Joint Powers Board was created in 1975 originally as an effort to coordinate central functions that existed at the county and local government. This Board originally staffed the Converse County Planning Office, as well as the Animal Shelter, until those entities were decentralized into each agency. The Joint Powers Board continues to exist with its primary function now being the administration of 9-1-1 funds and other common countywide issues. • Composed of nine members in Converse County: 1. 3 board members are the County Commissioners; 2. 2 board members are Douglas City Council members; 3. 2 are Glenrock Town Council members; 4. 2 board members are appointed by the Town of Rolling Hills; 5. 1 is appointed by the Town of Lost Springs. • All official members of the Joint Powers Board must be elected officials of the participating governmental entities. The Board meets on a quarterly basis. Members serve one-year terms. Fire Suppression Authority The Joint Powers Board is also the governing board for the Fire Suppression Authority (FSA). The creation of the FSA consolidates fire suppression services under one legal ---PAGE BREAK--- Updated 10/14/2014 entity, resulting in greater liability protection for the city and county volunteer fire fighters and a more efficient and economical provision of fire suppression services to residents of Converse County. • The FSA Board consists of seven members: 1. Fire chiefs of Douglas and Glenrock Fire Departments 2. President of Rural Fire Department 3. 4 appointed at-large members – one each by the City of Douglas, Town of Glenrock, Town of Rolling Hills and Converse County Commissioners. Converse County Tourism Promotion Joint Powers Board The Converse Tourism Promotion Joint Powers Board administers and allocates the Converse County Lodging Tax revenue promoting events, activities and the county. The majority of members are to be from the travel, tourism and lodging industry. Members serve three-year terms. • Membership is comprised of nine members: 1. 3 are selected by the Converse County Commissioners 2. 3 are selected by the City of Douglas 3. 2 are by the Town of Glenrock 4. and 1 board member is an At-Large member. Converse County Youth Foundation The Converse County Youth Foundation was created to provide recreational, education services to the youth of the County. The Foundation is a five-person board with the School District, City, County and District Court Judge appointing a member to serve. These four members then appoint the fifth member. The four members serve three-year terms, the fifth serves a one-year term. The bylaws require that at least one member be a woman. The Foundation’s sole function is the operation of the Douglas Youth Center (the former roller skating rink, now housing the Boy’s & Girl’s Club, located on S. 4th Street). Federal Aid to Urban System Board The Federal Aid to Urban System Board (FAU) is a countywide board charged with development of priorities for improvement of arterial and collector routes within the County FAU boundaries. The FAU System provides funding for these improvements to the community. The funds may be used on any road or street that is on the approved Federal Aid to Urban System. Routes on the FAU System are selected by local officials with the concurrence of the Wyoming Department of Transportation. The funds are provided at an 87 percent federal aid match and a 12 percent state or local match. Wyoming Community Gas Wyoming Community Gas is formally known as the “Wyoming Association of Municipalities Joint Powers Board for the Acquisition of, or Contracting for, Natural Gas”. Wyoming Community Gas was established in 1996 to act as a supplier in the Source Gas Choice Gas Program in Wyoming (formerly Kinder-Morgan). The Joint Powers Board is composed of ---PAGE BREAK--- Updated 10/14/2014 representatives from each of the member municipalities in the Joint Powers Board, which currently number approximately 25 of the 35 communities served by Source Gas. The City appoints one delegate to the Joint Powers Board. This Board meets approximately four times a year. Converse Area New Development Organization (CANDO) CANDO is the local economic development agency for Douglas and Converse County. CANDO was formed in 1995 as a nonprofit corporation and is led by a Board of Directors. The Directors are a diverse group of professionals, each of them successful in business and/or community leadership. CANDO consists of several dozen members (who pay an annual membership fee), representing a variety of industries. Most of what they do is best completed while working in partnership with other community organizations. CANDO is currently staffed with two full-time employees. Financial support for CANDO comes from the City of Douglas, Converse County, membership fees, contracts for services, donations, and private industry grants. CANDO’s mission is “to encourage new and existing business growth, with the least amount of disturbance to the area’s Quality of life.” The agencies three key goals are: • Strengthen our infrastructure, so that we can accommodate growth. This means we help government find ways to build good streets, water and sewer, etc. It also means making sure that we have an adequate workforce with the skills needed in today’s globally competitive economy. That’s a key reason we developed the CANDO Tech Center. • Help existing businesses grow. We counsel businesses on ways they can become more productive, help them identify new market opportunities e-Commerce and government contracting), develop business and marketing plans and train employees. The goal is to help local businesses prosper and expand. • Recruit or develop new businesses, to strengthen and fill in the gaps of our economy. Our key target industries include energy, technology and manufacturing. Accordingly, we have worked with several businesses that have or are in the process of starting new ventures in Converse County. We are also finding that our successful technology-led economic development efforts are gaining interest nationally. The key, after taking into consideration the first two strategies above, is to achieve a healthy economy. ---PAGE BREAK--- Updated 10/14/2014 The City of Douglas, Converse County, and Town of Glenrock have one designated representative each on the CANDO Board. All other board members are elected from the membership. ---PAGE BREAK--- Organization Members Expiration Work Home Cell e-mail Planning & Zoning Commission/Board of Adjustment www.cityofdouglas.org Five Member Board serving 3-year terms; appointed by Bob Bushong, Chair - 3 yr term 10/25/2016 358-1895 [EMAIL REDACTED] City Council Terry Wills-Cathcart-3 yr term 10/25/2016 358-3606 358-5229 [EMAIL REDACTED] Becky Renstrom-3 yr term 10/25/2015 358-3382 359-9564 [EMAIL REDACTED] Carol Johnston-3yr term 10/25/2015 358-3901 358-0627 351-1618 [EMAIL REDACTED] John Crockett-3 year term 10/25/2016 358-0547 [EMAIL REDACTED] Historic Preservation Commission (CLG) (up to) Nine* Member Board serving 3-year terms Arlene Ekland-Earnst, Chair 12/31/2015 358-9288 358-5613 [EMAIL REDACTED]; [EMAIL REDACTED] (8th position approved at 4-9-07 council meeting) Betsy Flaherty, Sec 12/31/2015 359-1266 Council appts all members John Pexton 12/31/2014 358-4932 *per bylaws - up to nine members Marion Kern 12/31/2015 358-5261 359-2069 [EMAIL REDACTED] Chief Elected Official- Bruce Jones, Mayor Jacque Pollock 12/31/2015 [PHONE REDACTED] [EMAIL REDACTED] City Contacts Assigned to Assist: Sherri Mullinex William Sinnard 12/31/2014 358-5613 [EMAIL REDACTED] Maureen Morgan 6/30/2015 358-3721 359-0155 [EMAIL REDACTED] Jessica Saliga 12/31/2016 351-1746 [EMAIL REDACTED] Debra Kingery 12/31/2016 358-6646 351-1600 [EMAIL REDACTED] Converse County Joint Powers Board Ten member board comprised of: Rick Grant- CC-Chairman 3 County Commissioners, 2 Douglas City Council members, Leory Kingery-CD, Vice Chair 2 Glenrock Town Council members; 1 Lost Springs & Mike Colling - CC 2 Rolling Hills representative; appointed by each entity Doug Olson-CD Serve one-year term Major Brown-CC Vacant-RH Leda Price-LS City Alternate Voting Member: Dave Angiolillo Susan Dills-GR, Sec Bruce Roumell, GR Jon Maines-RH Converse County Tourism Board www.conversecountytourism.com Nine member board serving 3-year terms Clara Chaffin-CD 6/30/2017 358-2132 [EMAIL REDACTED] 3-Douglas*; 3-County^; 2-Glenrock~; 1-at large Jacque Pollock-CD- Chairman 6/30/2015 358-4343x.101 [PHONE REDACTED] [EMAIL REDACTED] Appointed by each entity Susan McBride-CD 6/30/2016 358-3663 358-5578 359-1216 (Jennifer Womack - Admin Services/records keeper) Jessica Saliga - GR 6/30/2016 358-2777 [EMAIL REDACTED] Bylaws amended 8/08; adopted 10/08 - term expiration Chuck Engebretsen- CC-Treas 6/30/2015 307-334- 2929 changed to 6/30 Sheila Gilgert - GR 6/30/2015 Maribel Frank - GR 6/30/2016 Phone Numbers BOARDS & COMMISSIONS ---PAGE BREAK--- Organization Members Expiration Work Home Cell e-mail Phone Numbers Tracy Mojon - CC 6/30/2017 Vacant - at large 6/30/2017 Douglas Housing Authority Board Five member board serving 5-year terms Robert Wise 6/30/2016 358-3252 358-3414 reappointed 7-11-2011 all members appointed by City Council Mary Oliverius, Chairman 6/30/2015 358-4664 reappointed 6-28-2010 Kathy Johnson 358-2440 120 S. 5th St Darlene Hageman 6/30/2019 Reappointed 2014 Robert Bryant 6/30/2017 reappointed 7-23-2012 Robert Langston 6/30/2018 358-4744 351-3660 appointed 8/26/2013 Converse Area New Development Organization (CANDO) Twelve member board serving 3-year terms Karl Hertz 6/30/2015 all terms expire on June 30th; appointed by Ilene Morford Raba 6/30/2016 Tim Pexton, Pres. 6/30/2017 Jen Pollock, Sec. 6/30/2015 [EMAIL REDACTED] Richard Cannady 6/30/2017 Chad Rupe 6/30/2016 * Tony Tolstedt appointed as ex-officio member in 2013 Scott Sutherland 6/30/2016 Dennis Switzer 6/30/2016 358-3636 Denny Harts, Treasurer 6/30/2015 Vacant Vacant Federal Urban Systems Advisory Committee Board is comprised of representatives of WYDOT*,(2) City~, Jim Barnes*-Vice Chair 358-5515 District Engineer County^(1 elected/2 staff,City&County)citizens(2 City/2 County) Kevin McCoy-State* Planning Program four-year terms; Total 10 member board; appt by entities Vacant~Citizen 358-6747 351-2301 Holly Richards-Secretary Tony Reynolds~2012-2016 358-3075 359-3841 [EMAIL REDACTED] Les Newton~2012-2016 358-9750 [EMAIL REDACTED] Vacant~Staff 358-3462 Citizen representative appointed by County John Nelson-^ Citizen Citizen representative appointed by County Glen Russell-^ Citizen Jim Willox^-Chair 358-3551 [EMAIL REDACTED] Scott McWilliams^-Staff Vacant~Citizen Fire Suppression Authority Seven member board; representatives remain until removed Rick Andrews, DFD 358-2334 [EMAIL REDACTED] by appropriate governing bodies; officers serve 1-year terms Jeff Nelson, GFD Plus County Fire Warden - ex officio with no vote. Joel Schell, County 358-3120 Members are: Fire chiefs of DFD & GFD, Pres. Of Rural FD, Mary Nicol, City 358-3462 [EMAIL REDACTED] ---PAGE BREAK--- Organization Members Expiration Work Home Cell e-mail Phone Numbers 4 at-large appts by Douglas, Glenrock, Rolling Hills & Bruce Roumell, G'rock Converse County Commissioners Theresa Montgomery, RH Jim Werner, Rural FD Tom Reed, ex officio Converse County Youth Foundation Five member board serving 3-year terms for Judicial, City & Dick Berryman (at large) 358-4104 358-5258 County, 1-year term for at large* Jacki Goodrich (at large) 1-judicial; 1-city; 1-county; 2-at large Frank Peasley (judicial) 358-4505 358-3595 *people serve until they resign Sheryl Uhlich (county) Craig Goodrich (city) 358-2394 358-3146 Wyoming Community Gas Joint Powers Board Bruce Jones, Mayor 25 member board - City representative(s) listed Leroy Kingery, Councilmember Converse County Commissioners www.conversecounty.org Effective Jan. 1, 2012 Jim Willox 12/31/2014 358-3755 358-2696 351-4262 Major Brown 12/31/2014 359-1621 [EMAIL REDACTED] Mike Colling 12/31/2016 277-1812 [EMAIL REDACTED] Rick Grant 12/31/2016 rcg>[EMAIL REDACTED] Tony Lehner 12/31/2014 436-2208 267-1414 [EMAIL REDACTED] Memorial Hospital of Converse County www.conversehospital.com Five member board serving five year terms; appointed by Gay Bolln 6/30/2015 County Commissioners; members can be reappointed; Dr. Charles Lyford 6/30/2016 terms expirs in June, staggered terms. Robert Kayser 6/30/2017 Collene Bolte 6/30/2019 Arlene Ekland-Earnst 6/30/2015 updated October 7, 2014 ---PAGE BREAK--- Updated 12/1/2014 CITY OF DOUGLAS WEBSITE: www.cityofdouglas.org As you know, the City of Douglas recently paid a company by the name of Icon Enterprises, d.b.a. CivicPlus to redesign and host our website. Civic Plus is a company that specializes in government-type sites that offer public participation as well as transparency. Our new site is maintained by staff members; each department has an assigned individual from that department to oversee the part of the site that pertains to them. General updates are provided by either the IT Director or the City Clerk, depending on what is being updated. Due to this setup, the responsibility of keeping the City’s website up-to-date is shared by a number of people. This is important because website maintenance for an entire site can take up a great deal of time. Additionally, the Civic Plus design is very user-friendly and has wonderful support staff when there are issues or questions. The City is qualified for a free redesign in another two years due to the terms of our contract with Civic Plus. LOCAL CABLE CHANNEL 61 As part of the Franchise Agreement with our local cable company, James Cable B.C.I., the City of Douglas is provided one free public access channel in order to place city-related events upon for the benefit of the public. The IT Director and City Clerk work together to ensure that the events and information listed on the channel are for the benefit of everyone. For example, private garage sales, events specific to only members of a club or church, and items being sold by the private sector are not placed on Channel 61. Once it is determined if an item will air, the Clerk prepares PowerPoint slides and the IT Director posts everything onto Channel 61. Our local cable company also has a public access channel in which items that are more of a private v. public nature can be posted. ---PAGE BREAK--- Douglas, WY - Official Website http://wy-douglas.civicplus.com/[12/1/2014 12:01:10 PM] 101 N. Fourth St. P.O. Box 1030 Douglas, WY 82633 Ph: [PHONE REDACTED] Wyoming Game & Fish Commission to Broadcast Meetings to Public CHEYENNE – The Wyoming Game and Fish Commission will start broadcasting its meetings to the entire state via the Internet starting this month. Read on... Stay connected! Subscribe to Notify Me to receive updates and information about community news and happenings. Read on... Keep in Touch Stay in touch with us by following us on Twitter, becoming our friend on Facebook, or subscribing to one of our RSS Feeds. Website Personalization Now Available! With the MyDashboard feature, visitors to our website can customize their viewing experience! Read on... HAVE A SAFE AND HAPPY THANKSGIVING! The City of Douglas offices will be closed Thursday and Friday, November 27th and 28th. Letters of Interest are currently being submitted for the position of Interim City Attorney. For more information, click here. You can view the Future Land Use Map here. and the Douglas Master Plan here. Interested in serving on a Board or Commission? Complete a volunteer application form today! The following Boards have open positions: Douglas Historic Preservation Commission Applications for the Historic Preservation Commission will be accepted until 5:00 p.m. on Monday, December 1st, 2014. Douglas Area Federal Urban Advisory Committee Applications are being accepted for this Committee; there is no deadline for submittal. New Information on Floods & Natural Meet Jack Engage your community - connect to news, events and information you care about. View more information... Sign In Search ---PAGE BREAK--- Douglas, WY - Official Website http://wy-douglas.civicplus.com/[12/1/2014 12:01:10 PM] Select Language ▼ Home I Print I Email I Staff Directory I Agendas I Site Map I Documents I Accessibility I Copyright Notices I Website by Hazards here. ---PAGE BREAK--- Page 1 of 1 Updated 9/22/2014 CITY OF DOUGLAS Leased Properties The list of leased properties below was updated on October 13, 2014. To/From Party Property To Robert & Judy Ainslie C&NW Railroad property north of Clay Street – ground lease From Bolln’s, Inc. Jackalope Square To Converse Area New Development Organization Old City Hall, 130 S. 3rd St. To Douglas Area Chamber of Commerce Depot Building, 121 Brownfield To Douglas Senior Citizens, Inc. Senior Center property – ground lease To Simon Bowland SE1/4NE1/4, Sec. 9, T32N, R71W – ground lease From Burlington Northern Santa Fe Railroad Utility easement leases To Douglas Broadcasting (KKTY) Corner of Riverside Park Bldg. for broadcast tower To Boys & Girls Club/Youth Foundation 135 S. 4th Street To DEMI (Douglas Ecumenical Ministries, Inc.)/Helping Hands Portion of Washington Park next to Helping Hands facility for storage unit To Douglas Community Club: Lease/Management Agreement Golf Course excluding club house, pro shop, access road per exchange of property agreement and new deeds in 2014; 64 Golf Course Road To Father Hubbard’s Cupboard Portion of Old City Hall, 130 S. 3rd St., used for storage of food for this local food bank. To Gregerson, Stephen Ground lease at end of Walnut St.; used for grazing ---PAGE BREAK--- CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES 1. Parties. This Contract is made and entered into this 118_1_ day of , 2014, by and between City of Douglas, Wyoming, a Wyoming municipal corporation (hereinafter referred to as "City''), whose address is 101 N. 4th Street, P.O. Box 1030, Douglas, WY 82633, and Lewis Roca Rothgerber (hereinafter referred to as "Attorney''), whose address is 123 West First Street, Casper, WY 82601. 2. Purpose of Contract. The purpose of this Contract is to retain Attorney to provide civil attorney services to City. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Contract, the parties agree as follows: 3. Term of Contract. The term of the Contract is from December 22, 2014, through December 31, 2015, unless this Contract is otherwise terminated pursuant to the termination provision contained in Paragraph 7.12 contained within this Contract. This Contract may be renewed by agreement of both parties in writing, subject to the required approvals. There is no right or expectation of renewal and any renewal will be determined at the discretion of City. 4. Payment. 4.01. Attorney shall expend a m1rnmum of eighty (80) hours per month providing civil attorney services to City excluding prosecution services. City agrees to pay to Attorney an hourly rate of one hundred ninety five dollars ($195.00) per hour for Attorney Eric K. Nelson. City agrees to pay an hourly rate of one hundred seventy five dollars ($175.00) per hour for Attorney Alaina M. Stedillie. Any time expended by Attorney(s) in excess of the minimum hours of civil attorney services provided to City each month shall be paid at the rates as stated above. 4.02. Attorney shall provide City with a detailed statement of services, indicating which attorney provided the services, the services provided, the number of hours, and reimbursable expenses. Payment by City shall be made upon receipt of invoice. 4.03. City agrees to reimburse Attorney for the following reimbursable expenses: postage, mileage, and filing expenses. Reimbursable expenses shall be paid as incurred and noted on each statement to City. 5. Responsibilities of Attorney. 5.01. EricK. Nelson shall be the primary attorney for handling attorney services as outlined in Paragraph 2 herein, and Alaina M. Stedillie shall be the backup attorney for same services. 5.02. Attorney's salaries, vacation, leave, retirement, health insurance, social security and withholding taxes are the responsibility of and matters internal to Attorney. Attorney agrees to provide, at Attorney's expense, secretarial services, office space, library space, conference space, local telephone service, internet access capability, electronic legal research and office supplies, sufficient to support City's legal business. 5.03. Attorney will not charge hourly rate for travel to and from Casper, Wyoming, and Douglas, Wyoming, but is entitled to reimbursement of mileage between said locations at the current federal mileage rate. 5.04. Attorney is not responsible under this Contract to provide, and shall not provide, personal or business legal advice to City staff, City Council members, or members of CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES Page 1 of6 18th December ---PAGE BREAK--- the general public. Attorney may represent those persons privately on matters that do not create a conflict of interest with City's business as determined by City Council. 5.05. Attorney assigned to this Contract shall be admitted to practice of law in the State of Wyoming and in good standing. 5.06. Attorney is to perform and exercise all powers and jurisdiction vested by City Code or ordinances together with all powers and jurisdiction conferred by Wyoming statute. Specifically, Attorney shall perform the following duties and responsibilities: 5.06.01. Represent or oversee the representation of City in all civil matters subject to the provisions of paragraph 6 below. 5.06.02. Assist counsel retained by City's self-insurance carrier, Local Government Liability Pool (LGLP) in the defense of claims against City or its employees, as needed. 5.06.03. Provide professional advice to City Council and Mayor in developing solutions to complex legal problems. 5.06.04. Review City agenda items for legal issues as requested. 5.06.05. Issue written and oral opinions and memoranda interpreting Federal, State, and local law. 5.06.06. Prepare and review legal documents including but not limited to, contracts, grants, deeds, easements, ordinances, and rights of way. 5.06.07. Draft and revise ordinances and resolutions. 5.06.08. Review policy, procedures and rules and assist m the promulgation of rules and regulations. 5.06.09. Research, analyze and disseminate legal decisions to City Council on civil/criminal Court decisions, new or pending legislation, code enforcement, administrative, employment law and police issues. 5.06.10. Negotiate contracts and other agreements as directed. 5.06.11. Practice preventive law by interpreting legal trends and providing advice thereon to City Council and recommending changes in City ordinances, rules and regulations, and policy and procedures when appropriate. 5.06.12. Attend regular meetings or special meetings of City Council, as requested by the Mayor or City Administrator to provide legal advice and respond to questions of the Council. 5.06.13. Perform other routine legal services requested by City Council or Mayor. 5.06.14. Conduct training of police officers. 5.06.15. Prosecute all City ordinances including nuisances. 6. Conflicts of Interest. From time to time, conflicts may arise under the Wyoming Rules of Professional Conduct governing all attorneys which prevent Attorney from representing City in a particular matter. In that event, after notice thereof by Attorney and consultation with City Council or Mayor such conflict circumstance cannot be avoided, it is specifically agreed that Attorney shall discontinue further representation of the City in said matter. CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES Page2 of6 ---PAGE BREAK--- 7. General Provisions. 7.01. Amendments. Any changes, modifications, revisions or amendments to this Contract which are mutually agreed upon by the parties to this Contract shall be incorporated by written instrument, executed and signed by all parties to this Contract. 7.02. Applicable LawNenue. The construction, interpretation and enforcement of this Contract shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and the venue shall be the Eighth Judicial District, Converse County, Wyoming. 7.03. Confidentiality. All documents, data compilations, reports, computer programs, photographs, and any other work provided to or produced by Attorney's in the performance of this Contract shall be kept confidential by Attorney's unless written permission is granted by City for its release. 7.04. Insurance. Attorney agrees to carry professional malpractice insurance in the amount of at least one million dollars ,000,000.00). 7.05. Compliance with Laws. Attorney shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this Contract. 7.06. Entirety of Contract. This Contract, consisting of seven pages, represents the entire and integrated Contract between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. 7.07. Ethics. Attorney shall keep informed of and comply with the Wyoming Ethics and Disclosure Act (Wyo. Stat. § 9-13-101, et seq.), and any and all ethical standards governing Attorney's' profession. 7.08. Force Majeure. Neither party shall be liable for failure to perfoqn under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. This provision shall not be effective unless the failure to perform is beyond the control and without the fault or negligence of the nonperforming party. 7.09. Independent Contractor. Attorney shall function as independent contractor for the purposes of this Contract, and shall not be considered an employee of City for any purpose. Attorney shall assume sole responsibility for any debts or liabilities that may be incurred by Attorney in fulfilling the terms of this Contract, and shall be solely responsible for the payment of all federal, state and local taxes which may accrue because of this Contract. Nothing in this Contract shall be interpreted as authorizing Attorney to incur any obligation of any kind on the behalf of City or its staff. Attorney agrees that no health/hospitalization benefits, workers' compensation and/or similar benefits available to City employees will inure to the benefit of Attorney or Attorney's' agents and/or employees as a result of this Contract. 7.10. Ownership of Documents/Work Product. All documents, reports, records, field notes, materials, and data of any kind resulting from performance of this Contract are at all times the property of City. 7.11. Soverei2n. Immunity. City does not waive sovereign immunity by entering into this Contract and specifically retain immunity and all defenses available to City as a sovereign pursuant to Wyo. Stat. § 1-39-1 04( a) and all other state law. 7.12. Termination of Contract. This Contract may be terminated, without cause, by either party upon thirty (30) days written notice. This Contract may be terminated CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTHGERBER FOR ATTORNEY SERVICES Page3 of6 ---PAGE BREAK--- immediately for cause if Attorney fails to perform in accordance with the terms of this Contract City must have a majority of the membership of City Council votes to terminate this Contract. 7.13. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Contract shall not be construed so as to create such status. The rights, duties and obligations contained in this Contract shall operate only between the parties to this Contract, and shall inure solely to the benefit of the parties to this Contract. The provisions of the Contract are intended only to assist the parties in determining and performing their obligations under this Contract. The parties to this Contract intend and expressly agree that only parties signatory to this Contract shall have any legal or equitable right to seek to enforce this Contract, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Contract, or to bring an action for the breach of this Contract. 7.15. Kickbacks. Attorney certifies and warrants that no gratuities, kickbacks or contingency fees were paid in connection with this Contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this Contract. If Attorney breaches or violates this warranty, City may, at its discretion, terminate this Contract without liability to City, or deduct from the contract price or consideration or otherwise recover, the full amount of any commission, percentage, brokerage, or contingent fee. 7.16. Notices. All notices arising out of, or from, the provisions of this Contract shall be in writing and given to the parties at the address provided under this Contract, either by regular mail, facsimile, e-mail or delivery in person. 7.17. Nondiscrimination. Attorney shall comply with Presidential Executive Order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375, and as supplemented in the Department of Labor Regulations (41 CFR Part 60), the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. § 27-9- 105 et seq.), and the Americans With Disabilities Act (ADA), 42 U.S.C. 12101, et seq. Attorney shall assure that no person is discriminated against based on the grounds of sex, race, religion, national origin or disability in connection with the performance of this Contract. 7.18. Americans with Disabilities Act. Attorney shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101, et seq., and/or any properly promulgated rules and regulations related thereto. 7.19. Assimment. Neither party shall assign or otherwise transfer any of the rights or delegate any of the duties set forth in this Contract without the prior written consent of the other party. 7.20. Award of Related Contracts. City may undertake or award supplemental or successor contracts for work related to this Contract. Attorney shall cooperate fully with other attorneys and City in all such cases. 7.21. Liability and Indemnification. Attorney while acting under this Contract shall be deemed to be acting within the scope of their duties for purposes of the Wyoming Governmental Claims Act and the local government self-insurance program, Wyo. Stat. § 1-42- 101 through 1-42-207. City will not insure, defend or indemnify Attorney for any liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorney's fees) and negligence of whatever kind and nature, imposed on, incurred by, or asserted against City which in any way relates or arises out of conduct outside of this Contract including Attorney's' private law practice. 7.22. Severability. Should any portion of this Contract be judicially determined to be illegal or unenforceable, the remainder of this Contract shall continue in full force and effect and either party may attempt to renegotiate the terms affected by the severance Contract. 7.23. Time is of the Essence. Time is of the essence in all provisions of the CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES Page4 of6 ---PAGE BREAK--- 7.24. Titles Not Controlling. Titles of paragraphs are for reference only, and shall not be used to construe the language in this Contract. 7.25. Waiver. The waiver of any breach of any term or condition in this Contract shall not be deemed a waiver of any prior or subsequent breach. CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES PageS of6 ---PAGE BREAK--- IN WITNESS WHEREOF, the City Council has caused this Contract to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and Attorney has signed and executed this Contract, the day and year first written above. CITY OF DOUGLAS, WYOMING By: Bruce A. Jones, Mayor Attest: Karen Rimmer, City Clerk LEWIS ROC~ ROTHGERBk By. ®lu~ Eric K. Nelson · / . Alltmi M. Stediilie CONTRACT BETWEEN CITY OF DOUGLAS, WYOMING AND LEWIS ROCA ROTH GERBER FOR ATTORNEY SERVICES Page6 of6 (Original is signed) (Original is signed) ---PAGE BREAK--- 1 LEWIS ROCA ROTHGERBER LLP STANDARD TERMS OF ENGAGEMENT This memo confirms our understanding of the general terms of the representation Lewis Roca Rothgerber LLP will undertake on behalf its clients. These terms will apply to any matters we agree to undertake unless we and the Client(s) agree in writing to a different arrangement. This memo does not constitute an engagement unless accompanied by a letter describing a specific matter. 1. Scope of Engagement By separate letter we will agree on the exact scope of each engagement, i.e., the specific tasks for which you have hired us. Our representation will be limited to the legal services set out in our written agreement describing the specific scope of each engagement. Our acceptance of this engagement does not involve an undertaking to represent the Client(s) or its interests in any other matter. We may agree to limit or expand the scope of our representation from time to time, provided that we confirm any such change in writing. You have engaged the Firm to provide legal services in connection with a specific matter. After completion of the matter, changes may occur in applicable laws or regulations that could impact your future rights and liabilities. If you separately engage us after completion of the matter to provide additional advice on issues arising from it, the Firm would be pleased to advise you with respect to future legal developments but will not do so absent a new engagement set forth in a new engagement letter. At the commencement and during the course of our representation, we may express opinions or beliefs concerning this matter, alternative courses of action, or results that might be anticipated. Any such statement made by any lawyer of the Firm is intended to be an expression of opinion only, based on information available to us at the time, and should not be regarded as a promise or guarantee. 2. Staffing The attorney or attorneys in charge of each engagement will make staffing decisions with the objective of rendering services to you on the most efficient and cost-effective basis. We of course will be happy to discuss staffing with you at any time. 3. Conflicts of Interest To avoid conflicts of interest, we maintain a record of past and present clients and persons or entities with an interest adverse to our clients, to determine whether a conflict of interest would be created by any new representation. You should tell us now and in the future whether any other individuals or business entities are or become involved in our representation of you. Otherwise, we will assume that our listing is complete. ---PAGE BREAK--- 2 3.1 Affiliates Unless we agree to the contrary, our representation is only of the Client(s) named in our separate engagement letter and not any parent, subsidiary, sister corporation, limited liability company, or partnership or any officer, director, manager, member, shareholder, partner, joint venture, or other affiliate (collectively, “Client Affiliates”). Please provide us in writing with the names of any Client Affiliates that you believe are so closely related to you that we could not represent a party in a matter adverse to them without your consent. 3.2 Our representation of lawyers and law firms We occasionally have clients that are lawyers or law firms, or we may be represented by another law firm in an unrelated matter. We do not believe such relationships create any conflicts, even if such a firm also represents an entity whose interests are opposed to yours in either a litigation or a transactional setting. Please ask us if you have any concerns about whether such a relationship exists between Lewis Roca Rothgerber LLP and any attorney or law firm that represents any party who is adverse to you in any matter we are handling for you. Otherwise, it is agreed that we may represent, or be represented by, lawyers or law firms that also represent persons or entities adverse to you. 3.3 Representation Solely By Lewis Roca Rothgerber LLP In some circumstances you may be represented by more than one law firm for a particular matter. With respect to all services performed on your behalf and all legal representation by Lewis Roca Rothgerber LLP, Lewis Roca Rothgerber LLP shall have no duty to supervise or control any other law firms or lawyers. 4. Retention and Disposition of Documents Following the termination of this engagement we will return to the Client(s) any original documents and other property provided to the Firm in connection with this matter upon our receipt of payment of all outstanding fees and costs. We reserve the right to destroy or otherwise dispose of documents or other materials retained by us without further notice to you 5 years after the close of the matter unless prohibited from doing so by Rules of Professional Conduct. Our file pertaining to the matter, which might include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, and internal lawyers’ work product such as drafts, notes, internal memoranda, and legal and factual research, including investigative reports, prepared by or for the internal use of lawyers, will be retained by the Firm for the same length of time. 5. Our Expectations From You We understand that you will be candid and cooperative with us, provide us with factual information and documents relating to the matters we are handling for you, keep us informed of developments, be available to confer with us, and make decisions as required to assist us in the progress of our representation. If you have questions or concerns about our work or our bills, please bring them up so that they may be addressed right away. ---PAGE BREAK--- 3 Because it is important that we be able to contact you at all times in order to consult with you regarding the Client(s)’s representation, you will inform us of any changes in your contact information including relevant mail and e-mail addresses and phone numbers. Whenever we need your instructions or authorization in order to proceed with legal work on the Client(s)’s behalf, we will contact you at the latest address and phone number that we have received from you. 6. Insurance Coverage You may have insurance policies relating to a matter for which you request our assistance. You should notify your insurance carrier as soon as possible if coverage for our fees and costs may be available. We can advise you on the availability of insurance coverage for fees and costs that we incur on your behalf if you expressly request that we do so and forward to us copies of any applicable insurance policies and other relevant documents. You will be primarily responsible for payment of our fees and costs unless we otherwise agree in writing regardless of whether you have insurance coverage. 7. Confidentiality Under applicable Rules of Professional Conduct, the Firm is obliged to avoid revealing information acquired as a consequence of the representation of any client. Therefore, if we have such information from another client, we cannot disclose it to you even if that information is relevant to our representation of you. We preserve the confidences of our clients in accordance with the Rules and Laws of Professional Conduct as adopted and amended in Arizona, California, Colorado, Nevada, New Mexico, Wyoming and as applicable, the courts of other states in which our lawyers are admitted to practice law. All non-public information that we obtain from you as a consequence of the representation (“Private Information”) is protected under these rules. We use Private Information only to provide the legal and related services that you request from us. We do not disclose Private Information to anyone outside of our Firm, except as authorized by you or described below. We maintain physical, electronic, and procedural safeguards that comply with our professional responsibilities. Because we will not disclose Private Information in violation of our professional responsibilities, it is unnecessary for us to provide you with an “opt out” opportunity as otherwise authorized by the Gramm-Leach-Bliley Act. There are certain limits on our duty to keep confidential the information you disclose to us in connection with our representation. These limits may allow or require disclosure of Private Information to, among other things; prevent the commission of certain crimes or frauds or to rectify substantial injury that would otherwise result from certain crimes or frauds; secure legal advice regarding our compliance with the applicable Rules of Professional Conduct; comply with a court order directing disclosure of such information; or comply ---PAGE BREAK--- 4 with a statute or regulation directing disclosure. We do not expect any of these ethical or legal obligations to arise in the course of our representation, but it is important you understand these limits to the duty of client confidentiality. Notwithstanding the foregoing, for those matters, and only those matters, subject to the California Rules of Professional Conduct, we will comply with California Rule 3-100 with respect to disclosure of Private Information. 8. Audits We are at times asked by our clients to provide information to auditors or other financial professionals for the purposes of preparing financial statements. Should you make such an audit request of us, we may bill for our services on the basis of the Firm’s regular hourly rate for the professionals involved. Should you make such an audit request at a time when you are no longer a client of the firm you understand that our responding to the request is an accommodation we provide for former clients that does not form a new attorney-client relationship. 9. Termination and Withdrawal You have the right to discharge us for any reason at any time upon reasonable notice. If you do so, all unpaid fees and costs will be due and payable no later than 30 days after such discharge and you agree that we may use any funds held in Trust on your behalf to pay unpaid invoices. Our representation of you will end 30 days after we send our last bill for lawyer time incurred on the matter set forth in the scope of engagement. We reserve the right to withdraw from representing you for the reasons permitting attorney withdrawal in relevant Rules of Professional Conduct or applicable law. Where required, we will attempt to give you reasonable notice and time to secure other counsel, obtain approval from any court or tribunal that is necessary, and take reasonable steps to minimize any prejudice you may suffer by our withdrawal. In particular, and by way of example, we reserve the right to decline to perform any further services if any account is past due. We will comply with applicable Rules of Professional Conduct in effectuating any such withdrawal, including Rule 3-700 of the California rules of Professional Conduct for those matters, and only those matters, subject to the California Rules. When appropriate, we reserve the right to terminate the representation, for example, and without limitation, if evidence comes to light indicating that positions you wish us to assert lack factual or legal merit; you fail to cooperate in the work necessary to the representation; you breach this agreement by failing to pay fees or reimburse costs; or for professional or ethical reasons we cannot or, in our opinion, should not continue to proceed with the representation. If our Client(s) affiliates with, acquires, is acquired by, or merges or combines with another Company, you will provide us with sufficient notice to permit us to withdraw as the Client(s)’s attorneys if we determine that such affiliation, acquisition or merger creates a ---PAGE BREAK--- 5 conflict of interest between any of our clients and the other party to the affiliation, acquisition or merger, or between any of our clients and the resulting entity following the affiliation, acquisition or merger. If we elect to withdraw, you will take all steps necessary to effectuate our withdrawal and will pay all outstanding fees or costs owed as of the time of withdrawal. Again, we look forward to representing you. If you have any questions concerning these matters that arise at any time, or if you ever wish to discuss any matter relating to our legal representation, please do not hesitate to call us. ---PAGE BREAK--- RELATED PRACTICES MAIN BIO Bankruptcy and Creditors' Rights Environmental and Natural Resources Government Contracts Labor and Employment Litigation EDUCATION J.D., Indiana University Maurer School of Law, 1997 B.A., German and Political Science, Wabash College, 1994 BAR ADMISSIONS Colorado, 2007 Wyoming, 2001 LANGUAGES German Special Counsel [PHONE REDACTED] [PHONE REDACTED] Mr. Nelson's practice focuses on civil litigation, with an emphasis on commercial, oil and gas, and employment law cases. He also maintains an administrative law practice and represents creditors in bankruptcy court proceedings. MEMBERSHIPS AND AFFILIATIONS Wyoming State Bar, Member, 2001-Present Colorado State Bar, Member, 2008-Present Rocky Mountain Mineral Foundation, Member Wyoming State Bar Association Oil & Gas Section, Member Casper/Natrona County International Airport Board of Trustees, President Casper Area Chamber of Commerce, Member Volunteer youth soccer and football coach Volunteer leader Cub Scouts of America PUBLICATIONS Author, “Survey of State Surface Use Statutes”, Oil and Gas 2006, 2006 PROFESSIONAL EXPERIENCE Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), 2012-Present Brown Drew & Massey, LLP, Partner, 2009-2012 Natrona County, Attorney, 2007-2008 Wyoming Oil and Gas Commission, Senior Assistant Attorney General, ERIC K. NELSON [EMAIL REDACTED] Casper 123 West First Street Suite 200 Casper, Wyoming 82601 Phone Fax ---PAGE BREAK--- 2003-2007 City of Casper, Deputy City Attorney, 2001-2003 Leeuw & Doyle P.C., Associate Attorney, 1997-2001 COURT ADMISSIONS Wyoming Supreme Court, 2001 Wyoming State Judicial District Courts, 2001 U.S. District Court, Wyoming, 2003 Colorado State Judicial District Courts, 2007 Colorado Supreme Court, 2007 Colorado Court of Appeals, 2007 ---PAGE BREAK--- RELATED PRACTICES MAIN BIO NEWS Appeals Energy, Alternative Energy, Telecommunications and Utilities Environmental and Natural Resources Government Contracts Government Relations Litigation EDUCATION J.D., University of Colorado Law School, 2007 B.A., Political Science, Creighton University, 2004, summa cum laude Associate [PHONE REDACTED] [PHONE REDACTED] Ms. Stedillie’s practice emphasizes commercial and complex civil litigation involving business entities of various sizes. Her experience includes litigation in a wide range of substantive areas, including natural resources and energy law, administrative law, and insurance defense. She also enjoys providing pro bono services to individuals and non-profit organizations. REPRESENTATIVE CASES/MATTERS Northern Laramie Range Alliance v. Converse County Bd. of County Com'rs & Wasatch Wind Intermountain, LLC, et al.; Northern Laramie Range Alliance v. Wyo. Dept. of Environmental Quality, Industrial Siting Division, et al., 2012 WY 158, 290 P.3d 1063 (Wyo. 2012). The Courtany C. and Lucy Patten Davis Foundation, et al. v. Colorado State University Research Foundation, et al., 2014 WY 32, 320 P.3d 1115 (Wyo. 2014). MEMBERSHIPS AND AFFILIATIONS American Bar Association Natrona County Bar Association; President (2013), Vice President (2012), and Secretary/Treasurer (2011) Casper College Paralegal Program Advisory Committee, Board Member 2011–Present Court Appointed Special Advocate (CASA) of Natrona County, Community Board Member, May 2013–Present Casper Troopers Drum and Bugle Corps Board of Directors, President, 2012-Present ALAINA M. STEDILLIE [EMAIL REDACTED] Casper 123 West First Street Suite 200 Casper, Wyoming 82601 Phone Fax ---PAGE BREAK--- BAR ADMISSIONS Wyoming, 2008 Allocations Committee, United Way of Natrona County, Member, 2011- Present Liberty Day coordinator for Wyoming State Bar and presenter to elementary school classrooms in Natrona County, 2011-2012, Speaker, 2011-Present Casper Museum Consortium Board, Community Board Member, 2011- May 2013 Rotaract/Casper Young Professionals Network, Member and Foundations Chair, 2007-July 2011 PUBLICATIONS Author, “An Unstable Peace: The Northern Irish Question,” Missouri Valley Journal of Social and Political Science, 2004 SPEAKING ENGAGEMENTS Speaker, "Points of Professionalism: Communication Strategies for Women Entering the Professional Workforce," CLIMB Wyoming, 2011-Present COURT ADMISSIONS Wyoming Supreme Court, 2008 Wyoming State Judicial District Courts, 2008 U.S. District Court, Wyoming, 2008 U.S. District Court, Colorado, 2011 U.S. Court of Appeals, Tenth Circuit, 2014 OTHER DISTINCTIONS Ms. Stedillie is listed in the 2013-2014 editions of Mountain States Super Lawyers® as a "Rising Star” in the area of General Litigation. While in law school, Ms. Stedillie was Development Editor of the Colorado Journal of International Environmental Law and Policy. While perusing her undergraduate degree, she was a member of Alpha Sigma Nu, Editor of the Missouri Valley Journal of Social and Political Science, an Outstanding Arts & Science Senior, the Political Science Major of the Year for 2004, and a Rhodes Scholar Finalist in 2003. PROFESSIONAL EXPERIENCE Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), 2011-Present Brown, Drew & Massey, LLP, Casper, WY, 2009-2011 Law Clerk and Staff Attorney, Honorable W. Thomas Sullins, District Court of the Seventh Judicial District, Natrona County, Casper, WY, ---PAGE BREAK--- 2007-2009 Extern, Judge Wiley Y. Daniel, United States District Court, District of Colorado, 2006 Intern, Judge Stephen M. Munsinger, District Court, First Judicial District, Jefferson County, CO, 2005 ---PAGE BREAK--- RELATED PRACTICES MAIN BIO NEWS PUBLICATIONS Alternative Dispute Resolution Appeals Energy, Alternative Energy, Telecommunications and Utilities Environmental and Natural Resources Government Relations Health Care Intellectual Property Labor and Employment Litigation Complex Litigation Nonprofit Organizations Real Estate Eminent Domain EDUCATION J.D., University of Wyoming College of Partner [PHONE REDACTED] [PHONE REDACTED] Mr. Masterson's practice focuses on the areas of Oil and Gas Law, Estate Planning and Administration, Arbitration and Mediation and Litigation. Beginning with a return to his hometown of Casper after graduation from the University of Wyoming's College of Law, Mr. Masterson worked for County and District Courts in Natrona County, performing legal research for judges, drafting opinions and decision letters and assisting the court in hearings and jury trials. Following this one-year term, Mr. Masterson began three years of private practice focusing on oil and gas law, criminal defense and domestic relations. In 1990, Mr. Masterson became an Assistant District Attorney in Casper, with extensive experience in the prosecution of narcotics cases, domestic violence offenses, sexual assault and child exploitation. This work involved extensive litigation in county and district courts. 1995 found Mr. Masterson in the United States Attorneys Office for the District of Wyoming, primarily responsible for the enforcement of computer crimes and crimes against children. In addition to these matters, Mr. Masterson prosecuted the entire spectrum of federal criminal offenses from large, multi-defendant narcotics conspiracies, to gun crimes and bank robberies to immigration offenses and wildlife crimes - including the largest poaching case ever prosecuted in Wyoming. In thirteen years as a prosecutor, Mr. Masterson prosecuted cases from traffic court to first degree murder, single defendants to multiple defendant conspiracies, all from investigation to appeal. During this time, Mr. Masterson was also responsible for the training of federal and state law enforcement officers in substantive issues of law as well as interrogation, detention and search and seizure - from Yellowstone Park Rangers to regular classes at the Wyoming Law Enforcement academy. In 2003, Mr. Masterson was tapped by Wyoming's newly elected Governor, Dave Freudenthal, to be the legal counsel and federal/state relations coordinator within the Governor's Office. For two and a half years, Mr. Masterson performed the daily legal work for the Governor and his office, participated in policy making, and, for approximately six months, JOHN A. MASTERSON [EMAIL REDACTED] Casper 123 West First Street Suite 200 Casper, Wyoming 82601 Phone Fax ---PAGE BREAK--- Law, 1986 College of Literature, Science and the Arts, University of Michigan, 1983 BAR ADMISSIONS Wyoming, 1986 served as an Interim Director of the Governor's Planning Office. During this time, Mr. Masterson also served as the Governor's representative for state, regional and national organizations including the Western Governors Association, the National Governors Association and the University of Wyoming Board of Trustees. In these positions, Mr. Masterson worked with numerous state and federal agencies in Wyoming, as well as numerous governor's offices throughout the nation, and testified twice on Wyoming's behalf before the United States House of Representatives. In his final months of service to the state, Mr. Masterson was the Deputy Director of Wyoming's Office of State Lands and Investments, participating directly in policy making, oversight and administration of over 3.5 million acres of state surface lands and 4.2 million acres of minerals. This role led Mr. Masterson to directly participate in negotiating, legal review and contract drafting of precedent setting state land transactions. Mr. Masterson served on the transition team for current Governor Matt Mead and as recently as 2011, served as Governor Mead’s Legislative Liaison. MEMBERSHIPS AND AFFILIATIONS Legislative Liaison to Wyoming Governor Matt Mead, 2012 Governor Matt Mead, Transition Team Member, 2010 Wyoming State Bar, Member and Vice President Wyoming Board of Law Examiners, Vice President South Spring Creek Ranch LLC, Manager Laramide, LLC, Manager Independent Petroleum Association of Mountain States, Member Wyoming Medical Center, Board Vice President Tate Foundation, Treasurer Natrona County Library Foundation, Board Vice President Natrona County CASA (Court Appointed Special Advocate Board), Board Member Trooper Foundation, Board President Rotary International, Member PUBLICATIONS Author, "Wasatch Wind Prevails in Wyoming Supreme Court Decision on Permitting," RJ&L Alert, January 2013 Author, "Wyoming Supreme Court decision on fracking leaves much to speculation," Wyoming Business Report, June 6, 2014 SPEAKING ENGAGEMENTS Lecturer and Judge, Wyoming Summer Trial Institute, Laramie, WY, August 2013-2014 ---PAGE BREAK--- COURT ADMISSIONS Wyoming Supreme Court, 1986 Wyoming State Judicial District Courts, 1986 U.S. District Court, Wyoming, 1986 U.S. Court of Appeals, Tenth Circuit, 1987 OTHER DISTINCTIONS Mr. Masterson is listed in the 2013-2015 editions of Chambers USA Annual Client’s Guide to Business Lawyers in the area of General Commercial Litigation. He is the recipient of the 2013 Wyoming State Bar Pro Bono Award. PROFESSIONAL EXPERIENCE Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), 2006-Present Deputy Director, Office of State Lands and Investment, Cheyenne, WY, 2005-2006 Counsel to the Governor, Federal/State Relations Coordinator, Cheyenne, WY 2003-2005 Assistant United States Attorney, District of Wyoming, Casper, WY 1995-2003 Assistant District Attorney, Seventh Judicial District, Casper, WY, 1990-1995 Private Practice, Casper, WY 1987-1990 Judicial Law Clerk, Seventh Judicial District, Casper, WY, 1986-1987 ---PAGE BREAK--- RELATED PRACTICES MAIN BIO NEWS Alternative Dispute Resolution Environmental and Natural Resources Litigation EDUCATION J.D., University of Wyoming College of Law, 1964, with Honors B.S., Petroleum Engineering, University of Wyoming, 1961 BAR ADMISSIONS Wyoming, 1964 Colorado, 2002 Partner [PHONE REDACTED] [PHONE REDACTED] Governor Michael Sullivan focuses his practice in the areas of alternative dispute resolution, public policy and litigation. Governor Sullivan has practiced before Wyoming district courts, the Wyoming Supreme Court, Federal District Court, and the U.S. Tenth Circuit Court of Appeals involving a variety of business, insurance, and natural resource issues. He routinely acts as a mediator and arbitrator. Throughout his career, Governor Sullivan has developed extensive contacts with many organizations and governmental agencies in the United States and internationally. His work has involved extensive government service in Ireland, where he has established relationships with government leaders and the business community. Practicing out of the firm's Casper and Denver offices, Governor Sullivan has a rich and varied background of public service. A former two-term governor of Wyoming, he served as U.S. Ambassador to Ireland under the Clinton and Bush administrations. He facilitated U.S. support for and implementation of the Good Friday Agreement. Gov. Sullivan was elected governor of Wyoming in 1986 and reelected in 1990. In 1996, after completing his second term as governor, he held a fellowship at the Institute of Politics, the Kennedy School of Government, Harvard University. MEMBERSHIPS AND AFFILIATIONS Wyoming and American Bar Associations, Member Kerry Group PLC, Board of Directors, 2004-2011 Allied Irish Bank Group, Board of Directors, 2001-2010 Catholic Diocese of Cheyenne, Wyoming, Trustee Cimarex, Inc., Board of Directors, 2004-Present Sletten Construction Company, Board Member, 2004-Present MICHAEL J. SULLIVAN [EMAIL REDACTED] Casper 123 West First Street Suite 200 Casper, Wyoming 82601 Phone Fax ---PAGE BREAK--- Wyoming Board of Bar Examiners, Former Chairman The Western Governors' Association, Chairman, 1992-1993 National Governors' Association's Executive Board, Member; Natural Resources Committee, Director; School Years Action Team; Indian Gaming Working Group, Lead Governor COURT ADMISSIONS Wyoming Supreme Court, 1964 Wyoming State Judicial District Courts, 1964 U.S. District Court, Wyoming, 1964 U.S. Court of Appeals, Tenth Circuit, 1976 U.S. Supreme Court, 1983 Colorado State Judicial District Courts, 2002 Colorado Court of Appeals, 2002 Colorado Supreme Court, 2002 OTHER DISTINCTIONS Governor Sullivan is listed in the 2005-2014 editions of Mountain States Super Lawyers® in the area of Alternative Dispute Resolution, and in the 2012-2014 editions of Chambers USA Annual Client's Guide to Business Lawyers, in the areas of General Commercial Litigation and Mediators in Wyoming. He has been selected to the 2005-2015 editions of The Best Lawyers in America® in the areas of International Arbitration - Commercial, International Arbitration - Governmental, and Mediation, all for Wyoming. Governor Sullivan is the recipient of the Wyoming State Bar President's Award, Wyoming National Guard's Distinguished Service Medal, the University of Wyoming and University of Wyoming College of Law's Outstanding Alumnus Awards, the Wyoming Heritage Society's Award of Merit, and has been named to the University of Wyoming College of Engineering Hall of Fame. In 2001, Governor Sullivan presented the Winston Howard Distinguished Lecture at the University of Wyoming College of Law. PROFESSIONAL EXPERIENCE Lewis Roca Rothgerber LLP (legacy firm Rothgerber Johnson & Lyons LLP), 2001-Present United States Ambassador to Ireland, 1999-2001 Brown, Drew, Massey & Sullivan, 1964-1986, 1995-1998 Fellowship, Institute of Politics, Kennedy School of Government, Harvard University, 1996 Governor of Wyoming, 1987-1995 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Bruce A. Jones Karen Rimmer ---PAGE BREAK--- Lindsey Daugherty, Esq. (307) 359-3607 • (866) 489-4912 • [EMAIL REDACTED] EDUCATION: University of Denver, Sturm College of Law, J.D., Denver, CO (2009-2012) • Staff Editor, Denver Journal of International Law and Policy • Navy Jag Moot Court Team • Patton Boggs Foundation Public Policy Fellowship Recipient 2011 University of Northern Iowa, B.A., Cedar Falls, IA (2005-2008) • Major: Political Science, Minor: Politics and Law • Dean’s List: Spring 2007, Fall 2007, Spring 2008 • Vice-President of Pi Sigma Alpha, the National Political Science Honors Society • Varsity Women’s Soccer (2005-2008); Varsity Track and Field (2005-2008) EXPERIENCE: The Law Firm of Lindsey Daugherty, LLC, Douglas, WY & Denver, CO March (2013) – Current • Practice areas include Family Law, Estate Planning, and Criminal Defense • Courtroom experience including criminal and domestic trials • Conducts and prepares all legal research and writing Judicial Clerkship, Jefferson County Courthouse, Golden, CO August (2012) – March (2013) • Performs legal research and in-depth analysis on criminal, civil, and probate matters • Assists judge with courtroom activities • Writes various memos as well as drafts orders Intern, White House Domestic Policy Council, Washington D.C. January (2012) – May (2012) • Worked with the Education Team to further develop the President’s goals • Researched in the areas of K-12 and Higher Education • Wrote memos and created presentations for official White House meetings Intern, Senate Committee on Health, Education, Labor, and Pension, Washington D.C. June (2011) – August (2011) • Researched specifically for the Oversight and Investigations Subcommittee on the for-profits colleges issue • Assisted in preparing for official Senate hearings • Wrote memos and conducted research in order to prepare for further hearings Intern, Colorado Legal Services, Denver, CO January (2011) – May (2011) • Aided in client interviews and research • Assisted with multiple aspects of current cases, including writing official documents Intern, Judge Michael Spear, 18th Judicial District of Colorado, Centennial, CO August (2010) – December (2010) • Assisted with daily courtroom procedures • Aided in writing and editing official opinions of the Court • Researched intensively both civil and criminal case law Intern, Victim Justice Law Firm, Denver, CO May (2010) – August (2010) • Conducted legal research on the topics of sexual assault and rape in Colorado • Wrote multiple memos regarding Victim’s Rights and participated in case intakes Deputy Finance Director, Bruce Braley for Congress, Waterloo, IA June (2008) – December (2008) • Directed all home-state fundraising including fundraising events and high-level donor outreach • Managed Member telephone fundraising to national donor base • Provided direct staff support to candidate at campaign events and in fundraising activities Intern, Office of Congressman Bruce Braley, Washington, DC June (2007) – August (2007) • Drafted constituent letters and conducted Capital tours • Researched legislation and worked closely with all members of the staff ---PAGE BREAK--- SKILLS AND INTERESTS: Licensed to practice law in Colorado and Wyoming. Volunteer Work: Denver Rescue Mission, Big Brothers Big Sisters of Colorado, Denver Dumb Friends League, American Red Cross Mile High Chapter, Metro Volunteer Lawyers ---PAGE BREAK--- Administrative Services Director/City Treasurer, Mary Nicol Accounts Payable Clerk, Pat Alliss Accounts Receivable Clerk, Heather Kahler Cashier/Receptionist, Aimee Clark Administrative Services Department ---PAGE BREAK--- o Staffing o Department Overview: • Finance Duties/Responsibilities • Human Resources • Risk Management Administrative Services Department ---PAGE BREAK--- Administrative Services - Staff Mary Nicol – Administrative Services Director & City Treasurer Pat Alliss – Accounts Payable, Fixed Assets, and other duties Heather Kahler – Accounts Receivable, Utility Billing, and other duties Amie Clark – Cashier/Receptionist and other duties ---PAGE BREAK--- Financial Duties & Responsibilities: City Treasurer Carries out duties as prescribed by State Statute, local ordinances, & custom Serves as custodian of all monies belonging to the City: o Receives all city monies o Keeps accounts & books in the manner prescribed by law o Keeps city’s monies separate & distinct from personal and other funds o Disburses the city’s monies only upon proper authorization o Submits interim reports of the receipts and expenditures or as specified by the governing body o Prepares an annual report showing a detail of all receipts and expenditures and the status of the treasury ---PAGE BREAK--- Financial Duties & Responsibilities Adheres to investment policy: o Safety, liquidity, return and investment within the community o Designated depositories o Ethics and conflicts of interest disclosures required o Use of suitable investments o Collateralization Budget: o Compile revenue and expenditure figures o Coordinate Budget document preparation and finalization o Monitor status of revenues and expenses o Assist with evaluating and processing Budget Amendments ---PAGE BREAK--- Financial Duties & Responsibilities, continued Internal Auditing and Accounting oDaily processing: • Duties distributed among staff for internal control and quarterly general ledger review • Reports to Council Treasurer’s Report Quarterly Financial Statement ---PAGE BREAK--- Financial Duties & Responsibilities, continued Annual Auditing and Reporting Requirements oIndependent audit for each fiscal year end If expended more than $500,000 of federal grant monies in a year, subject to Single Audit Act oState of Wyoming – Annual City & Town Financial Report Accounts Payable oDe-centralized purchasing oCentralized accounts payable and disbursement processing oAuthorization requirements oPayment approved by City Council via Warrant Register ---PAGE BREAK--- Financial Duties & Responsibilities, continued Payroll o Centralized payroll for all City employees o Time sheets completed by all departments and forwarded to Administrative Services for review and processing o Paychecks issued on bi-weekly basis by check or direct deposit o Complete and submit Federal and State reports as required Accounts Receivable o Centralized billing processes for all departments, including enterprise fund departments Billing Order Invoices mailed o Monitor payments and follow through with collection as needed ---PAGE BREAK--- Financial Duties & Responsibilities, continued Utility Billing oRegulated per Douglas Municipal Code, Title 13 oServices provided and billed: Water Sewer Sanitation Landfill Pest control ---PAGE BREAK--- Asset Management Maintain accountability of all property and equipment acquired Each department submits asset information upon acquisition, transfer, or disposal Capitalization limit of $5,000 Infrastructure included as of July 1, 2006 ---PAGE BREAK--- Human Resources Administer HR and benefits program Develop and revise HR Policies & Procedures, job descriptions Coordinate vacancy and selection processes Monitor compliance with Federal and State Employment and Labor Laws Coordinate staff development and employee recognition programs ---PAGE BREAK--- Grant & Risk Management Grant Management Risk Management Upon approval of grant application, monitor and submit grant reimbursement requests Maintain files and monitor deadlines specified in grant Ensure compliance with grant requirements Administer risk management programs: o Property, auto, and liability insurance o Employee Health Benefit programs, including Health, Life, Deferred Comp, Retirement, and Disability ---PAGE BREAK--- CITY OF DOUGLAS POSITION SPECIFICATION Adopted 11/14/05 TITLE: ADMINISTRATIVE SERVICES DIRECTOR/CITY TREASURER CLASS CODE: 1400 GENERAL DESCRIPTION: ASSISTS CITY ADMINISTRATOR AND OTHER DEPARTMENT HEADS BY PERFORMING A VARIETY OF ADMINISTRATIVE AND TECHNICAL WORK INVOLVED IN LOCAL GOVERNMENT HUMAN RESOURCE, RISK MANAGEMENT ADMINISTRATION, AND ACCOUNTING WORK IN PLANNING, ORGANIZING, COORDINATING, AND SUPERVISING THE FINANCIAL OPERATIONS AND FUNCTIONS OF THE FINANCE DEPARTMENT. (Any position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this classification.) SUPERVISION EXERCISED/ACCOUNTABILITY: Works under broad policy guidance and direction of City Administrator. Supervises clerical and technical personnel as assigned. MAJOR TASKS: Human Resources: Administers City's human resources and benefits program, developing and revising Human Resources Policies and Procedures Manual, job descriptions, policies, interprets for departments or employees. Advises supervisor as to proper disciplinary action regarding employees. Coordinates all selection processes, prepares vacancy announcements, screens applications for eligibility; notifies applicants of selection or non-selection; conducts job orientation session for new employees and exit interviews for terminating employees. Monitors City compliance with federal and state employment and labor laws. Coordinates staff development and employee recognition programs; develops training programs for in-house staff development on a variety of topics. Risk Management: Administers City risk management program including property, auto and liability coverage, and employee benefit programs including health, life, retirement, deferred compensation; enrolls new members in plans; composes memorandums concerning benefits; conducts periodic meetings to explain policies. Finance Director/Treasurer: Carries out all duties of Treasurer as prescribed by State Statute, local ordinance and custom, and serves as custodian of all moneys belonging to the City. Plans, directs, organizes, and reviews general procedures and results of fiscal management including accounting and budgetary control, city purchasing, revenue collections and special assessments; recommends and implements changes accordingly. Develops and institutes systems, operations, and procedures relative to fiscal control programs, including internal audit procedures. Analyzes alternative investment options to maximize the City’s interest income; makes investments; monitors security pledges on financial institution account holders. Develops or modifies and implements new accounting techniques and systems for greater efficiency. Supervises the preparation of periodic reports; responsible for preparation of revenue and expenditure reports, balance sheets, Treasurer’s report, and other reports as required. ---PAGE BREAK--- i:\comdoc\city clerk\city council\council orientation packetg\orientation notebook info\j.2 administrative services director - city treasurer 11-14- 05.doc Reviews and monitors amounts expended from the budget; monitors cash flow vs. budgeted expenditure correlations for departmental use; participates in planning for next budget period by compiling past revenue and expenditure figures, and estimates of future costs and revenues Coordinates financial data processing activities; coordinates or performs technical work in modifying and maintaining programs for financial data processing; tests software; reviews systems for possible improvements. Disseminates and receives information requiring considerable judgment and authority regarding business of work unit; composes correspondence dealing with subject matter in standard or established ways, but allowing for some discretion in treatment. Maintains contract files on all City maintenance agreements, prepares payment documentation as needed. Instructs, guides, evaluates, and counsels subordinate level workers in carrying out a variety of tasks; reviews work progress; evaluates work and formulates plans for improvements. MINOR TASKS: Reads and interprets State, Federal and local codes, laws, and regulations in order to prepare reports on city compliance; implements changes as necessary. Attends management staff meetings; gives and receives information; participates in problem-solving and decision-making. Reconciles all City bank account statements. Performs related tasks as required. KNOWLEDGE AREAS: Thorough knowledge of human resources management principles, concepts and practices; knowledge of research methods; ability to plan, organize, schedule, and implement details of a project. Thorough knowledge of fundamental principals, concepts and practices, methods and techniques of municipal government accounting and fiscal controls; knowledge of electronic data processing principles and practices; knowledge of general city operations, ordinances, and organization. SKILL/ABILITY AREAS: Skill in carrying out the processes of governmental fiscal control; ability to prepare financial reports and maintain complex financial records; ability to communicate effectively verbally and in writing; ability to analyze accounting and financial issues and operations; ability to interpret and implement requirements; skill in work management and work leadership; ability to establish and maintain effective interpersonal relationships with employees, other agencies, and the public and to deal with public relations problems courteously and tactfully. SPECIAL CONDITIONS OF WORK: Must sign non-disclosure agreement. LEGAL REQUIREMENTS: Must be bonded. Valid Class C Wyoming Driver’s License RECOMMENDED PREPARATION FOR EMPLOYMENT: Completion of training in personnel, business administration, and/or accounting at the baccalaureate level, including the development of proficiency and familiarity with human resource management, government fiscal control practices, and four years of work experience in governmental fiscal control work. Other training and related work experience will be evaluated for relevance to assignment. ---PAGE BREAK--- Welcome to the World of Municipal Finance Wyoming Association of Municipalities 2011 A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com It sounds extraordinary but it’s a fact that balance sheets can make fascinating reading. —Mary Archer— ---PAGE BREAK--- Welcome to the World of Municipal Finance 1 Why do Municipalities Need 2 Who is 2 Local Government 4 State Revenue Local Revenue Borrowed 7 Capital Operating Savings - Depreciation Funds & 9 Depreciation Reserves (Fund Investment How Does a City or Town Track & Manage its 10 Sources of Fund Contracts for Public Paying Reporting and Internal Special Provisions for First Class Cities, Towns over 4000 and City Manager Forms of Special Provisions for Towns with Population under Table of Contents ---PAGE BREAK--- Wyoming Association of Municipalities 2 Why Do Municipalities Need Money? Municipal government exists to provide public services and facilities a community wants and needs. These are services and facilities reasonably provided by a local government rather than by individuals or through the private market. Just as a private corporation must be accountable to its stockholders, municipal corporations are accountable to the voters, residents, and business owners of a community. Local government services and programs cost money. Suppliers as well as public employees and contractors who work for cities and towns must be paid. Buildings and equipment for conducting public business must be provided. Streets, sewers, parks and other facilities need to be built and maintained. The funds controlled by a city or town are public funds – they cannot be used for the personal interest of any elected official or public employee, or given to any private interest. The source of these funds and how they are managed and used is of critical importance to any community. Every city and town must operate with an approved budget – a financial plan that shows how much money will be available, where it comes from and how it will be used. However, there are other basic considerations related to finances that are also important. These include laws, policies and plans about how funds can be generated, and about how they must be handled and accounted for. Who is Responsible? Our system for municipal finance includes shared responsibilities. The public, which benefits from municipal services and facilities, provides the money at the local level through taxes and fees. Only the federal government can provide money by printing it. Local elected officials and staff are responsible for managing and accounting for public funds. Financial oversight responsibilities of a municipal governing body (mayor and council members) include: Long-term - setting the mission, goals, and financial policies for the community • ---PAGE BREAK--- Welcome to the World of Municipal Finance 3 Annual - setting budget priorities, establishing salary and benefit levels Periodic - reviewing contracts, adopting budget amendments Ongoing - examining financial and budget reports; monitoring investments The governing body is responsible for the proper administration of its community’s financial affairs under Wyoming State Statute 15-1-103(a). These statutory powers include: The preparation, maintenance and retention of required records and accounts Arranging for independent audits of the financial condition of the city or town The power to appropriate money and to pay all necessary expenses The power to levy up to eight mills of property tax The power to levy and collect special assessments The power to borrow money on the credit of the corporation • • • • • • • • • Governing bodies have staff to assist with these important financial oversight functions. The Municipal Treasurer and/or Clerk/Treasurer is typically the employee with custody of all moneys of the organization. As custodian, he or she is responsible for the proper receipt and use of such moneys regardless of who actually receives and or pays it out. Fiscally competent local officials: Are concerned about the fiscal condition of their organization Seek to hold administrators accountable by asking tough questions Become knowledgeable about their agency’s finances and budget Use common sense and are not hesitant to ask questions • • • • ---PAGE BREAK--- Wyoming Association of Municipalities 4 Local Government Revenues Local governments get most of their money from taxes, user fees and charges, and funding from other governments. The local economy and decisions of state and federal governments play a major part in local government funding. As stated in the Wyoming Constitution, local officials have very little local decision making authority when it comes to taxes and fees: “The legislature shall restrict the powers of such municipal corporations to levy taxes and assessments, to borrow money and contract debts so as to prevent abuse of such power...” (Wyoming Constitution Article 13, Section 3) The Legislature has given some revenue- raising authority to municipalities, such as utility charges, but the bulk of general fund revenues, such as severance tax, mineral royalties, and sales and use tax, are controlled by the Legislature and administered by State government. State Revenue Sources Statewide Sales and Use Tax (Excise tax) - sales tax applies to the retail sale of personal property or services. Use tax applies to purchases involving the use, storage or other consumption of goods received or used in Wyoming but purchased outside Wyoming. A percentage of the statewide sales and use tax (30% for FY 2012) is returned to the county to which the sales transaction is attributed, and then divided among the county and its cities and towns based on the percentage of population to total county population. This is the largest source of municipal revenue. Optional Sales and Use Tax/Special Purpose Sales and Use Tax - except for a 1% administrative fee, all is distributed back to county of transaction where it is divided the same way as the statewide sales and use taxes. These taxes are imposed on a county-wide basis. The general revenue tax requires voter approval when first imposed but it can be continued by resolution. The specific purpose tax always requires voter approval. The revenues from the specific purpose local option tax must ---PAGE BREAK--- Welcome to the World of Municipal Finance 5 be used to pay for specific capital needs identified in the ballot proposition. The general revenue local option tax is used for both capital and operating needs. Federal Mineral Royalties – Cities and towns annually receive 9.375% of the state’s federal mineral royalty, capped at $18, 562,500. The share for the municipalities in each county is the ratio of the county school Average Daily Membership (ADM) to the total ADM for the state; distribution within each county is based on the population percentage of all cities and towns in the county. Mineral Severance Tax – Cities and towns annually receive 9.25% of the tax on all minerals produced in the state, capped at $14,337,500. Distribution is based on population - each municipality receives an amount proportional to its percentage of total state incorporated population. Gasoline Fuel Tax - Per gallon tax; a small share is distributed to cities and towns partly based on population and partly on point of retail sale. Special Fuels - Per gallon tax; a small share is distributed to cities and towns based on ratio of municipal population to population of all municipalities in state. Cigarette Tax - excise tax per pack sold by wholesaler; wholesaler retains percentage of total and a share of the remainder is distributed to local government entities. Basis of distribution: point-of-sale to retailer. Local Revenue Sources Property Tax - based on assessed valuation of property within city limits and limited by the Wyoming constitution to eight mills (one mill is one-one thousandth, 0.001). If the municipality receives fire protection from a fire district, the eight mill limit is reduced by the mills levied by the district (maximum reduction of three mills). Vehicle Registration Fees – county fee is based on a declining percentage of the factory price. The municipal portion of the county fee is the municipal mill levy divided by the total county mill levy. ---PAGE BREAK--- Wyoming Association of Municipalities 6 Franchise Fees - charges for use of right-of-way by private utilities (power, phone, natural gas, cable television). Interest Income - interest earned from bank depositories on municipal funds. Fines and Forfeitures - available if municipality operates a municipal court - maximum fine is set by state statute. Business Licenses – various types including contractors, transient merchants, liquor licenses, etc. State statutes control the number and maximum amount of fees for liquor licenses. Permits and Fees - planning, building, demolition, signs, curb cuts, cemetery, animal licenses, parking, etc. Development Fees - water and sewer lines, streets, street signs, street and traffic lights, water and sewer plant investment or connections, park contributions, etc. User Fees- swimming, golf, facilities rental, camping, recreation programs, etc. Utility Fees – Water, sewer, sanitation, landfill and electricity in a few cities. Typically these are true enterprise operations for which all or nearly all of the cost should be paid from the revenues generated. Setting the utility rates (user charges) is an important responsibility of the elected officials. There is always political resistance to raising the rates, but it is dangerous and irresponsible to set rates too low. In the long run, there must be adequate revenue to pay the costs of operation and maintenance as well as establishing a replacement fund for future capital needs. Typical components of a user charge system include a customer service charge, a demand charge and a commodity charge. The customer service charge recovers costs that apply equally to each user of the system regardless of demand or quantity used. The demand charge can be assessed to recover costs of debt service and replacement funds. It is typically based on the size of the customer’s meter or service. A commodity or volume charge is assessed based on the quantity used during a billing period. ---PAGE BREAK--- Welcome to the World of Municipal Finance 7 Grants Wyoming cities and towns derive a significant benefit from both state and federal grants. Typical grants are for specific purposes and include strict conditions and requirements. Most grants require a local match and there are often grant-loan combinations. Grants may be for operating needs such as training and technical assistance, but grants for capital projects are more common. Some of the sources of state grants are the Wyoming Business Council, the State Loan and Investment Board (SLIB) and the Wyoming Water Development Commission. Sources of federal grants include United States Department of Agriculture (USDA) Rural Development, Homeland Security, and the Justice Department. Borrowed Funds Two common types of borrowing are general obligation bonds and revenue bonds. General obligation bonds pledge the “full faith and credit” of the local government. Local governments agree to use tax money to repay the debt. Wyoming municipal governments are limited to eight mills of their assessed property tax valuation in the issuance of general obligation bonds. General obligation bonds cannot be issued unless a majority of the voters approve. Revenue bonds are repaid from revenues the project itself generates. Water and sewer projects lend themselves well to the issuance of revenue bonds, where revenues from user fees can be used for repayment. Communities have also pledged the future revenue from a specific purpose local option sales and use tax to finance bonds that allow for early construction of the approved project. Expenditures In order to provide the services and facilities that the public wants and needs, cities and towns make a wide variety of expenditures. Because the funds involved are public funds, and because it is critically important that the government operates in a very open and totally honest way, local governments go to great and have extra expenses to accomplish these purposes. From a narrow and short term perspective it may seem like this ---PAGE BREAK--- Wyoming Association of Municipalities 8 is a waste of money. The private sector does not operate in this way. However, in the long run, in order to earn and maintain public trust and to achieve maximum effectiveness, government must take these additional measures and pay for them. The activities of government generally fall into two categories – utility-type functions and general government functions. Within each of these categories, the costs also generally fall into two categories – operating expenses and capital expenses. There is also a general distinction between services and infrastructure that are considered basic and those that are optional. Capital Expenses Capital expenses are those that involve acquiring or constructing physical assets. Major costs for land, buildings, equipment, treatment plants, and pipelines are capital costs. Capital costs within a specific area of activity are usually one-time or infrequent expenses. Small communities may go quite some time between capital expenditures. Large communities usually have capital expenses every year. Municipalities typically pay for capital projects by obtaining grants from state or federal agencies, saving up money for several years, or borrowing. Operating Expenses In general the operating expenses of cities and towns are ongoing rather than one-time. Since municipal services are people intensive, the costs of wages, salaries and benefits are the greatest cost for cities and towns. Other typical costs include supplies, utilities, insurance, maintenance, communications, transportation, information technology, training, required publications, professional services, etc. It is often the case that the most expensive functions are law enforcement, fire protection and street maintenance. ---PAGE BREAK--- Welcome to the World of Municipal Finance 9 Savings - Depreciation Funds and Reserves Cities and towns receive several kinds of revenues that are not to be spent immediately but are held for future uses. These are often referred to as depreciation funds or reserves. Depreciation Funds The purpose of these funds is to save money to pay for the future replacement of a capital asset – large equipment or buildings, for example. Reserves (Fund Balances) A fund balance is defined as the cumulative difference of all revenues and expenditures since the government’s creation. Thus, a current fund balance results from the cumulative financial decisions made by every governing body since the government’s formation! Positive fund balances are also called reserves. However, not all of these funds are available for spending. The Wyoming Department of Audit considers Restricted Reserves to be those legally obligated and set aside for a particular purpose. Designated Reserves are set aside by the governing body for a particular use, but without a binding legal obligation – the governing body is free to change its’ mind. Designated Reserves are legally unreserved and are available for appropriation or spending. Approaches to establishing proper reserve levels include: A fixed number of months of operating expenses A percentage of annual operating expenditures A percentage of annual operating revenues A fixed amount, such as $2 million A per capita amount, such as $150 per capita To establish a reserve level, a municipality should consider: Cash flow needs Revenue volatility Vulnerability to lawsuit Insurance coverage Natural disaster preparedness Other natural events – snowstorms, floods Grant revenue source dependency • • • • • • • • • • • • ---PAGE BREAK--- Wyoming Association of Municipalities Investment Policy For both depreciation funds and other reserves municipalities have options for where to keep the money. It is important for the money to be very safe but it is also important to secure a reasonable rate of return. Municipalities cannot invest in the stock of corporations, but there are several options that are allowed. Municipalities are required to adopt a “Statement of Investment Policy.” The investment policy should be clear about the types of investments permitted, maturity limits, liquidity requirements, internal controls, reporting requirements and portfolio diversity requirements. It should also be very clear on who has the authority to make purchases. How Does a City or Town Track and Manage its Money? Wyoming Statutes provide the primary laws that govern the finances of cities and towns. Sources of Information The most comprehensive statutes are in the Uniform Municipal Fiscal Procedures Act (W.S. §16-4-101 through 125). This act applies primarily to First Class cities, towns with the City Manager form of government and to towns with population exceeding 4,000. However, the Act does include several provisions that apply to all cities and towns. W.S. §15-1-110 applies to all cities and towns W.S. §15-2-201 through 204 applies to towns W.S. § 15-3-205 through 306 applies to First Class cities W.S. §15-4-201 through 303 applies to City Manager cities • • • • Budget: a mathematical confirmation of your suspicions. —A.A. Latimer— 10 ---PAGE BREAK--- Welcome to the World of Municipal Finance The Government Accounting Standards Board (GASB) sets the “generally accepted accounting principles” for state and local governments. GASB Statement No. 34 is the current standard for governments and is designed to make municipalities more fiscally accountable to the public. Under this law, accrual accounting is required for all government activities and all capital assets are generally required to be depreciated. Accrual basis transactions are recorded when they occur regardless of when cash is received or disbursed. Modified accrual basis may be used where expenditures are recorded at the time liabilities are incurred and revenues are recorded when received. GASB 34 also requires that fixed asset records must be maintained by public entities. Capital assets are those assets that have a useful life extending beyond a single reporting period. Fund Accounting Public accounting commonly differs from private sector accounting in one key way - in a business context, everything is brought together in a single balance sheet. In governmental accounting, a number of separate funds are used, each with its own balance sheet. A fund is defined as an independent fiscal entity with assets, liabilities, reserves, fund balance, revenues and expenditures for undertaking activities. A fund includes balance sheet accounts as well as revenue and expenditure accounts. The various funds of a city or town are generally grouped into generic types: General fund - the main operating fund. All financial transactions not properly accounted for in another fund go here. Governing bodies should spend most of their time understanding, analyzing and evaluating this fund. Special revenue funds - these funds are used to account for resources that are legally or administratively restricted for specific purposes. Examples are restricted grants and special assessments levied against properties specially benefited by the making of local improvements. 11 ---PAGE BREAK--- Wyoming Association of Municipalities Debt service funds - payment of principal and interest on long- term debt other than special assessment and revenue bonds. General obligation bond and special assessment bond funds are examples. Capital project funds - used for the acquisition of capital assets other than those specified by enterprise and special assessment funds. May involve long- term debt and intergovernmental grants. Enterprise funds - These funds are used to account for operations that are financed and operated in a manner similar to business enterprises. The costs are primarily paid by user charges or the governing body determines that a “net profit” analysis is appropriate. Examples may include water, sewer, sanitation, recreation programs. Trust and agency funds - assets held by a governmental unit as trustee or agent for individuals, private organizations, and other governmental units. Internal service funds - the financing of special activities and services performed by a department or agency to other departments on a cost-reimbursement basis (motor pool, health insurance fund). The most important thing to remember about fund accounting is that dollars earmarked for specific purposes in a fund usually cannot be used for other purposes. For example, money from the water fund cannot be used for police protection, and vice versa. Budgeting The preparation and adoption of a budget is the responsibility of the governing body of each city and town. The municipal budget process is explained in detail in the WAM brochure “Guidelines for Preparing the Municipal Budget.” 12 ---PAGE BREAK--- Welcome to the World of Municipal Finance Contracts for Public Improvements (Bidding, Alternate Delivery) Wyoming law requires all cities and towns to advertise for bids on all contracts for any type of public improvement if the estimated expenditure exceeds $35,000. (W.S. §15-1-113) A contract for the purchase of a new automobile or truck must be advertised for bids regardless of estimated cost. The advertisement for bids must be published twice in the designated municipal newspaper and the date, time and place when the bids will be received and publicly opened must be stated. The contract must be awarded to the lowest responsible bidder unless the governing body finds that none of the bids are in the public interest (which might occur, for example, if all the bids are too high). Contracts must be executed by the mayor or, in his absence, the presiding office of the governing body and the municipal clerk or designee of the governing body. Contracts for professional services are excluded from this requirement to bid. Alternate design and construction delivery methods such as design-build or construction- manager-at-risk may be used by a public entity to design, construct, alter, repair or maintain public works projects. (W.S. §16-6-701 through §16-6-708). Depositories (Banks) The governing body is responsible for officially designating depositories for a city or town. No funds may be deposited by the treasurer except in depositories approved by resolution of the governing body. I’m living so far beyond my income that we may almost be said to be living apart. E. Cummings— 13 ---PAGE BREAK--- Wyoming Association of Municipalities Paying Bills All claims against a municipality have to be presented to the governing body by itemized invoice from a vendor. No expenditure can be made by the governing body unless a budgetary appropriation has been made. No payment can be approved by the governing body unless the claim is certified by the vendor or an authorized employee of the municipality receiving the items or services rendered. Once the claim has been approved, the treasurer shall issue a check or warrant, signed by the mayor and countersigned by any other authorized person. A warrant contains the particular fund or appropriation to which chargeable, the person to whom payable and the purpose. Facsimile signatures may be used as provided by W.S. §16-2-101 through §16‑2‑103. Purchasing State statute does not provide for any particular purchasing procedures to be followed. The WAM Clerk/Treasurer Handbook has additional information about purchasing. Good purchasing practices should include: Centralization of all purchasing where possible Establishment and maintenance of adequate inventory controls Competition among suppliers Obtaining quotes (at least informally) on all purchases and services Reporting and Auditing All incorporated first class cities or towns with a population in excess of 4,000 must maintain their accounting records in accordance with Generally Accepted Accounting Principles (GAAP). (W.S. §16-4-120) All first class cities, towns over 4,000 population and those with a city manager form of government are required to have an annual Certified Public Accountant (CPA) audit. (W.S. §16-4-121) The audit reports must conform to generally accepted accounting principles. Copies of all • • • • 14 ---PAGE BREAK--- Welcome to the World of Municipal Finance audit reports must be filed with the state auditor and with the appropriate county clerk who must make them available for inspection by any interested person. At the end of each fiscal year, every municipality prepares the Annual City and Town Financial Report for submittal to the Wyoming Department of Audit. This document summarizes all of the government’s financial activity: what it has received, what it has borrowed, what it has spent, what it is obligated to spend, and what it has in the fund balance. Much of the information in this report is required by the Federal Bureau of the Census. The financial reporting helps local officials better understand the financial situation of their government. It also measures the accuracy of the government’s financial dealings and informs citizens about their local government’s financial condition. Lenders and regulators may rely on audits to verify how public funds are spent. Internal Controls – Preventing Fraud, Theft, and Abuse Internal controls are necessary to protect the people’s assets against misuse or loss and to make sure that all financial transactions are legal and authorized. The key is to divide duties and to have more than one person review investment and spending decisions. A municipality should have an adopted internal control policy covering the following items: Budget adoption Segregation of duties, cash handling Billing and accounts receivable, purchasing and accounts payable Personnel and payroll Inventory, capital assets and debt General ledger and journal entries Grant administration It is important to be aware that a normal annual audit by a CPA is not designed to detect fraud or abuse. Fraud audits are a specialty best performed by a professional with that expertise. Whenever there is a change • • • • • • • 15 ---PAGE BREAK--- Wyoming Association of Municipalities in a key financial position (treasurer, city manager, payroll supervisor, etc.) it is advantageous to conduct a fraud audit. This serves to protect those who are innocent and honest. Special Provisions for First Class Cities, Towns over 4,000 and City Manager Forms of Government The financial books may be inspected at any time by any member of the governing body or other persons designated by law. (W.S. §15-3-209) All purchases or all encumbrances shall be made or incurred only upon an order or approval of the person (or governing body) authorized to make such purchases. (W.S. §16-4-107) No officer or employee shall make any expenditure or encumbrance in excess of the total appropriation for any department. The budget officer shall report to the governing body any expenditure or encumbrance made in violation of this subsection. (W.S. §16-4-108 The expenditure of municipality monies, other than employee contract payments, may be authorized by the governing body when the payee has provided an invoice or other document identifying the quantity and total cost per item or for the services rendered and the claim is certified under penalty of perjury by the vendor or by an authorized municipal representative receiving the items or for whom the services were rendered. (W.S. §16-4-108 The governing body must see to it that a report of a semi-annual interim financial statement and an annual statement of the financial condition of the city is published. 16 ---PAGE BREAK--- Welcome to the World of Municipal Finance Special Provisions for Towns with Population under 4,000 In towns with a population under 4,000, the treasurer must keep accounts in such form that they show when the money is received and the source of it and when and to whom any money is paid out. All financial records of the city or town can be examined by any member of the governing body or elector of the town. The treasurer is responsible for providing at least a quarterly financial report to the governing body. (W.S. §15-2-203) Immediately after the end of the fiscal year, the governing body shall publish (or post if no newspaper exists), an exhibit of the receipts and expenditures of the town. This exhibit must show the budgeted and actual receipts for all revenue sources, the amount and purpose of each appropriation, and the actual expenditure made against each appropriation. (W.S. §15-2-204) Some towns choose to have a CPA audit, even though they are not required to do so. If a town under 4,000 population receives at least $500,000 total in Federal grants or loans, they are also required to have an independent audit. I wish I would have listened a bit more, questioned a bit more, and trusted just a bit less. —Orange County Board of Supervisors Chair Thomas Reilly after the County Filed Bankruptcy— 17 ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] The trick is to stop thinking of it as ‘your’ money. —IRS auditor— ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget Wyoming Association of Municipalities 2011 A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com The The Legal Incorporated towns, population under First Class Cities, Towns over 4000 and City Manager Form of The Revenue State Shared Revenue Local Revenue Borrowed Funds - Bonds and The Expenditure Operating Capital Tips for a Successful Budget Table of Contents A budget is more than just a series of numbers on a page; it is an embodiment of our values. —Barack Obama, 2005— ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget 1 “The Budget – Yuck! There is nothing worse than doing the budget every year!” It is easy to understand why those who prepare the municipal budget every year might feel this way about their task. It is a lot of work and not nearly as satisfying as accomplishing the projects identified in the budget. Nevertheless, it has to be done. There really is no other option. Under Wyoming law, every city and town must prepare and adopt a budget every fiscal year (July 1 - June 30). If desired and pursuant to W.S. §16-4-104(h), a two-year budget cycle may be employed. However, we don’t have to regard the budget as a boring chore that must be endured every year. Rather we can recognize that a budget is a very helpful tool for any community. It is an essential part of getting things done in the best possible way. When the process is done properly it requires doing a good job of choosing what to do – what services and facilities a city will provide – rightsizing the government. Finally, it can be a valuable tool for keeping citizens involved and informed about what their local government is doing to serve their home community. A budget is a financial plan that shows how much money will be available, where it comes from, and how it will be used. The preparation and adoption of a budget is the responsibility of the governing body of each city and town. The budget is a tool for implementing the policies adopted by the governing body. It provides financial and operational direction. It facilitates decision-making and controlling the activities and expenditures of government. A well-defined, sound budgeting process is an indispensable component of an economical and efficient local government. ---PAGE BREAK--- Wyoming Association of Municipalities 2 The Process 1. Strategic Planning Strategic Planning is an important first step in developing a municipal budget. By developing an organizational core value statement, vision and mission and setting specific goals and objectives, the budget process logically follows by attaching financial resources to the goals. Obtaining community input to help in the strategic planning process can be achieved through citizen surveys, community forums or other public participation processes. 2. Draft goals Draft goals can be prepared by the governing body and staff and presented through a public participation process. Goals communicate your community visions, desires and promises and set the philosophical tone of the organization. 3. Adoption of goals Once a governing body has received sufficient public input and made appropriate changes to the draft goals, it should then adopt final goals for the ensuing fiscal year or years. These final goals become the roadmap for the direction the governing body wants the municipality to go. 4. Preparation of budget tied to goals Staff works on development of a draft budget tied to the adopted goals. The governing body will have the opportunity to determine if the goals are achievable given revenue and/or time constraints and to address any other issues related to the goals. a. The budget document will include operating and capital costs. b. The operating budget includes expenditures for personnel services, materials and supplies, contractual services, utilities, etc. c. The capital budget includes long- term capital improvements, facilities and equipment. 5. Adoption of Budget The budget is adopted by either resolution or ordinance (an emergency ordinance may be necessary if the budget is not adopted at the time of the public hearing.) 6. Implementation of Goals Finally, the work anticipated in the budget begins. Governing bodies need to remember that the budget is a means to an end—the “end” is goal achievement. ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget 3 Requirements Every municipality - all first class cities and incorporated towns - must prepare, adopt and operate with a budget. The budget must include both operating and capital funding and costs. Although not part of an annual or biennial budget, it is a good idea to develop a five year plan for long-term capital purchases and projects. Each year, that year’s capital plan can be integrated into the current budget and a new fifth year capital plan can be developed. Fund Accounting Municipal governments operate under an accounting standard called fund accounting. Budget projections for revenues and expenditures will typically be made within general categories by fund. The various funds of a city or town are generally grouped into generic types: General fund - the chief operating fund. All financial transactions not properly accounted for in another fund go here. Special revenue funds - these funds are used to account for resources that are legally or administratively restricted for specific purposes (an example would be a grant-funded School Resource Officer position.) Debt service funds - payment of principal and interest on long-term debt other than special assessment and revenue bonds. Capital project funds - used for the acquisition of capital assets other than those specified by enterprise and special assessment funds. May involve long-term debt and intergovernmental grants. A budget is just a method of worrying before you spend money, as well as afterward. —Anonymous— ---PAGE BREAK--- Wyoming Association of Municipalities 4 Special assessment funds - used for money received from special assessments levied against properties specially benefited by the making of local improvements. Enterprise funds - These funds are used to account for operations that are financed and operated in a manner similar to business enterprises (water, sewer, sanitation.) Trust and agency funds - assets held by a governmental unit as trustee or agent for individuals, private organizations, and other governmental units (a good example is a Cemetery Perpetual Care Fund.) Internal service funds - the financing of special activities and services performed by a department or agency to other departments on a cost-reimbursement basis (motor pool, health insurance fund.) Within each of these funds, budgets will be broken down by department and further by division. As an example, the General Fund might have a Police Department and a Patrol Division. Each division may have categories of expenses (sometimes called charts of accounts) that will include: Personnel expenses (wages, salaries and benefits, training and development) Operating expenses (utilities, supplies, equipment maintenance, contract services) Capital outlay (equipment, buildings, land, other improvements) Required Contents of Municipal Budget: Actual revenues and expenditures completed in the last fiscal year Estimated total revenues and expenditures for the current fiscal year Estimated total revenues and expenditures for the ensuing budget fiscal year • • • • • • ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget 5 Specific work programs and supportive data also need to be included A budget message that outlines the proposed financial policies for the budget year and explains any changes from the previous year. All municipalities are specifically statutorily required to include all convention or meeting expenses in the annual budget. It is a misdemeanor to allow or pay out of city funds any bill for expenses incurred for any municipal officer or employee incurred while attending a meeting or convention unless the expenses are specifically budgeted (W.S. §16-4-124). Budget Message One of the most important sections of the budget document is the narrative portion called the budget message. This message gives an overview of all of the key issues, assumptions and priorities for the ensuing fiscal year. It reveals major assumptions that the budget is built upon, identifies financial, economic and inflation rates, and focuses attention on changes from the last budget in terms of service and funding level. The budget message is a • • • great tool for the public’s understanding of the overall budget document. Limits on appropriations A governing body cannot make any appropriation in the budget of any fund in excess of the estimated expendable revenue of the fund for that budget year. Appropriation lapse All appropriations (excluding appropriations for capital projects) shall lapse following the close of the budget year to the extent they are not expended or encumbered. Legal Details There are different statutes in effect depending on whether a municipality is an incorporated town with a population under 4,000 or a community with a population over 4,000 or defined as a First Class City (W.S. §15-3-101). ---PAGE BREAK--- Wyoming Association of Municipalities 6 Incorporated town - Population under 4,000 Incorporated towns or cities with a population of less than 4,000 must prepare their budgets in a format acceptable to the State Auditor (W.S. §16-4-125(c)). Key Steps Within the last quarter of the fiscal year, the governing body must pass an annual appropriation ordinance for the next fiscal year. The ordinance must specify the objects and purposes for which the appropriations are made and the amount appropriated for each object or purpose. Prior to adoption of the budget, the governing body must determine the amount of general (property) taxes necessary and determine any special taxes or levies. By the fourth Monday in May, the governing body must notify the County of the required mill levy and file a copy of the budget with the County Clerk (W.S. §39-13-104(k)(i)(A)). Year-end budget information must be published immediately after the end of the fiscal year. • • • • Amendments – since the budget is an ordinance, it must be amended by ordinance, any amendments must be done by ordinance. First Class Cities, Towns over 4,000 Population and City Manager Forms of Government Unless changed by charter ordinance, these designated municipalities must comply with the Uniform Municipal Fiscal Procedures Act (W.S. §16-4-101 through §16-4-125) in preparing their budgets. Key Steps On or before May 1 - Departments must submit budget requests to budget officer On or before May 15 - Budget officer must prepare tentative budget for each fund and submit to governing body Publication of budget summary must occur at least one week prior to the Public Hearing (if there is no newspaper of general circulation, summary must be posted in three conspicuous places in municipality) Public Budget Hearing must be held between the 2nd and 3rd Tuesday in June • • • • • ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget 7 Within 24 hours of the budget hearing, the budget must be adopted by resolution or ordinance By July 31, it must be filed with the County Clerk for the necessary property tax levy (W.S. §39-13-104(k)(i)(B)). Semi-annual and annual financial statements are to be published pursuant to W.S. §15-3-306. Amendments – the budget can be amended by resolution of the governing body. At the request of the budget officer or upon its own motion after publication of notice, a governing body may by resolution transfer any unencumbered or unexpended appropriation balance from one fund, department or account to another. The budget of the general fund may be increased by resolution of a governing body. The source of the revenue must be identified unanticipated income, unappropriated surplus, donations, etc.) If a governing body determines an emergency exists and the expenditure of money in excess of the general fund budget is necessary, it may make such expenditures from reserves as necessary to meet the emergency. • • • • * * * Notice of the declaration of emergency must be made in the same manner as for public hearing notices. The Revenue Side Estimating how much money will be available to a city or town can be the most challenging part of preparing a budget. It may also be the most important part. Some of the largest revenues are highly variable and very hard to predict. Estimates that are too high can cause real headaches as the fiscal year progresses. It is best to err on the safe side and underestimate revenues. I’m proud to be paying taxes in the United States. The only thing is — I could be just as proud for half the money. —Arthur Godfrey— ---PAGE BREAK--- Wyoming Association of Municipalities 8 Revenues fall in several different categories. It is impossible to have a proper budget without understanding the nature of all the revenues that are involved. Some are ongoing and others are one-time. Some are very stable and others have wide variations. Some are restricted for specific uses and others have no restrictions. Most come from either local or state sources, but there are also federal funds and those from other sources. There are some that are determined by the local governing body but there are many that are beyond any local control. The Wyoming Constitution gives local officials very little decision making authority when it comes to taxes and fees. “The legislature shall restrict the powers of such municipal corporations to levy taxes and assessments, to borrow money and contract debts so as to prevent abuse of such power...” —Wyoming Constitution Article 13, Section 3— State Shared Revenue Sources Sales and use tax – The largest and most important revenue source. Can be highly variable, especially in mineral industry and tourism counties. No restrictions on how it is used. A good approach is to use the long-term trend forecast for ongoing expenses and treat spikes as one-time revenue. Federal mineral royalty and mineral severance tax – very stable, no restrictions on use, statewide total amount has a fixed cap. Supplemental appropriation for direct distribution – no restrictions, very unpredictable depending on current inclination of the legislature, could even be suspended. This has become a very important part of the revenue system. Fuel taxes – Gasoline and diesel (“special fuels”) – very stable, must be used for roads, streets, bridges, traffic control, etc. Cigarette tax –very stable, no restrictions. • • • • • It is best to err on the safe side and underestimate revenues. ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget 9 Impact assistance payments – sometimes temporarily paid to impacted local governments by state following commencement of an industrial facility such as a power plant. No restrictions, but highly variable and unpredictable. Local Revenue Sources (unless noted otherwise, no restrictions on use and quite stable) General Purpose Local Option Sales Tax – A very large revenue source in many counties. Amount can be quite variable and the entire tax is vulnerable to defeat in an election. Specific Purpose Local Option Sales Tax – Requires voter approval for each listed capital project. Can be used only for the specific projects passed by voters. Is discontinued when the approved amount has been raised. Franchise Fees - charges for use of municipal public right-of-way (electricity, phone, natural gas, cable television.) A franchise is a “rent” for the use of a public right-of-way and is not a tax. Interest Income - money received from investments in various funds and depositories. Quite variable. • • • • • Property Tax - in its annual budget, each city or town must certify to the County Clerk the amount of property tax revenues it will need for the operation and maintenance of the municipality for the coming fiscal year. The tax levy of a municipality is limited to eight mills by Wyoming Constitution Article 15, Section 6. Vehicle Registration fees - similar to property taxes on vehicles. Fines and Forfeitures - available if municipality operates a municipal court. Business Licenses - any city or town can impose license taxes on any business conducted within the municipality. Somewhat variable. Permits and Fees - planning, building, etc. Quite variable depending on local economic activity. Liquor Licenses - number and maximum amount of license fee controlled by statute. Cemetery Fees - opening and closing fees, cost of lot, perpetual care. Management Fees - charge to enterprise funds for overhead expenses from the general fund. • • • • • • • • ---PAGE BREAK--- Wyoming Association of Municipalities User fees - swimming pool fees, golf course green fees, park use fees, enterprise (utility) fund fees, etc. Water, sewer, sanitation, electricity are all utility-type revenues that are spent or saved within their respective enterprise, and are not for general use. These can be a very large revenue source. Development fees - plant investment fees (tap fees); annexation fees, subdivision fees, etc. Quite variable. Grants Wyoming cities and towns derive a significant benefit from both state and federal grants. Typical grants are for specific purposes and include strict conditions and requirements. Most grants require a local match and there are often grant-loan combinations. Grants may be for operating needs such as training and technical assistance, but grants for capital projects are more common. Some of the sources of state grants are the Wyoming Business Council, the State Loan and Investment Board (SLIB) and the Wyoming Water Development Commission. Sources of federal grants include USDA Rural • • Development, Homeland Security, and the Justice Department. Typically a grant agreement summarizing the requirements for expenditures and documentation will be required as a condition of grant receipt. Expenditures will be limited to those outlined in the grant and grantee accounting and reporting responsibilities are crucial. For some grants the requirements and recordkeeping are so onerous that the grant is more trouble than it is worth. Grants that are known at the time of budgeting must be included in the budget. Those secured during the year may require a budget amendment. 10 ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget Borrowed Funds – Bonds and Loans Bond proceeds must be included in the budget. Two common types of borrowing are general obligation bonds and revenue bonds. General obligation bonds pledge the “full faith and credit” of the local government. Local governments agree to use tax money to repay the debt. Wyoming municipal governments are limited to eight mills of their assessed property tax valuation in the issuance of general obligation bonds. General obligation bonds cannot be issued unless a majority of the voters approve. Revenue bonds are repaid from revenues the project itself generates. Water and sewer projects lend themselves well to the issuance of revenue bonds, where revenues from user fees can be used for repayment. Communities have also pledged the future revenue from a specific purpose local option sales and use tax to finance bonds that allow for early construction of the approved project. Quite often grant programs require accompanying loans. Like bond proceeds, loan proceeds must be included in a municipal budget. The Expenditure Side In order to provide the services and facilities that the public wants and needs, cities and towns make a wide variety of expenditures. The activities of government generally fall into two categories – utility-type functions and general government functions. Within each of these categories, the costs also generally fall into two categories – operating expenses and capital expenses. There is a natural tendency to be optimistic when estimating future expenses. However, in preparing a municipal budget it is wise to be cautious and resist the temptation to estimate costs on the low side. Operating Expenses In general the operating expenses of cities and towns are ongoing rather than one-time. Since municipal services are people intensive, the costs of wages, salaries and benefits are the greatest cost for cities and towns. It is wise to approach any increases in compensation with great caution. Once granted, increases are very difficult to take back– this is a very personal matter–and the obligations continue far into the future. 11 ---PAGE BREAK--- Wyoming Association of Municipalities Other typical costs include supplies, utilities, insurance, maintenance, communications, transportation, information technology, training, required publications, professional services, etc. It is often the case that the most expensive functions are law enforcement, fire protection and street maintenance. Many operating expenses are quite consistent from year to year. The budget changes may be as simple as an adjustment for general inflation. However, if substantial changes in operations are expected, the budget should reflect these changes. Energy and fuel costs have experienced a lot of variation over the past several years. Health insurance costs have increased much more rapidly than inflation. Pension systems are under close scrutiny and are another area where cost increases are quite likely. Capital Expenses Capital expenses are those that involve acquiring or constructing physical assets. Major costs for land, buildings, equipment, treatment plants, and pipelines are capital costs. Capital costs within a specific area of activity are usually one-time or infrequent expenses. Small communities may go quite some time between capital expenditures. Large communities usually have capital expenses every year. Municipalities typically pay for capital projects by obtaining grants from state or federal agencies, saving up money for several years, or borrowing. Tips for a Successful Budget Process Be Selective – Government Can’t Be All Things To All People What core services and facilities are most important to provide? What can we afford? Don’t start a program that can’t be sustained. Don’t build a facility that can’t be maintained. Don’t Be Afraid to Ask Questions Can you explain this again? I’m not sure I understand. What will this new program accomplish? • • • • • • 12 ---PAGE BREAK--- Guidelines for Preparing the Municipal Budget Could we contract this service out? Is this a program we could cut back or even eliminate? Have we followed all the correct procedures – notices, hearings, etc? Tempting – But Do Not Inflate revenue estimates Underestimate expenditures Raid reserves and enterprise funds Fail to repay interfund transfers Defer costs to the future If You Are Cutting Back - Common Mistakes Exhausting reserves - short-term strategy with detrimental long-term consequences Freezing hiring for all vacant positions - can be one of the most counterproductive strategies - some positions are more critical than others Across the board uniform cuts - reinforces poor budgeting practices (padding) Deferring maintenance of equipment and facilities – often costs more in the long run • • • • • • • • • • • • Deferring equipment purchases - people need equipment to carry out their jobs Cutting capital expenditures - short- sighted and expensive strategy Eliminating training - local governments are in the service business and 60-80% of their budgets are personnel costs - poorly trained employees cost money Directing staff where to cut— instead, give them a target and let them make the cuts Even during hard times it is important to keep a positive outlook. Reserve at least a small part of the budget for amenities, quality of life, and long term investments for the future. Budget Document Assessment Is the budget message informative and easy to read? Does the budget message address major issues, including public concerns? Does the budget document include an overall mission statement? Does the budget message include specific goal statements? • • • • • • • • • 13 ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] Evaluation Process The budget doesn’t stop with adoption! Midway through the fiscal year, take time to review goal accomplishments and setbacks. Don’t focus so much on staying within budget that you fail to evaluate the programs themselves. Information Resources Local records – past budgets and expenditures Staff experience State agencies WAM Revenue Bulletins Other municipalities Economic forecasts National League of Cities (NLC) International City/County Management Association (ICMA) The Budget is a Tool, Not a Bible! • • • • • • • • ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 1 of 7 City of Douglas FY 2014-2015 Budget Narrative Overview Fiscal year 2013-14 has proven to be an exceptional period of economic prosperity for the City of Douglas. Sales tax is commonly a significant indicator of economic activity and the last year has proven to be a record year for the City of Douglas. With regard to sales tax, we have seen a high of $1,177,887, a low of $917,097 and a average of $1,045,109. This continued trend has resulted in sales tax revenue exceeding the projected budgeted amount by approximately $6 million, which has enabled the City to start the next fiscal year with a positive balance of $14.8 million in the General Fund. This beginning balance does reflect FY14 Budget Amendments. A copy of the final sales tax report is attached for detail. While economic times are improving in Douglas, the City nonetheless has taken steps to ensure the long term viability both financially and with regard to capital expenditures. The FY 2014-15 budget provides for a great deal of capital construction and roads along with associated water & sewer projects. Some of these are denoted below in the Capital Projects section and the rest are denoted in the budget notes. One of the notable placeholders in the budget is once again the funding for a joint communications operation. While this is still in the development stages, there is $250,000 allotted to the funding of the joint agency project which seeks to combine regional communications (Police, Sheriff, and Glenrock PD). The actual amount estimated to complete the project by all agencies is in excess of $4,000,000. The Associated representative bodies recently approved moving the project into the next stage with Glenrock being the proposed location. At this time, ongoing operational expenses are not estimated. Reserve Policy The City maintains reserves, whether restricted (legally mandated), designated (set by City policy), or unrestricted, in a number of funds. The reserve policy for the General Fund is to maintain a 25% operating reserve as a percentage of expenditures; the Health Care Fund is six months of claim and expense. The Water Fund is to maintain $2 million in reserves per City Ordinance 13.16.010. The Sewer Fund is to maintain $1 million in reserve per City Ordinance 13.44.070; Sanitation’s goal is $250,000 per City Ordinance 13.64.040, and the Landfill Fund is goal to keep $500,000 in reserve per City Ordinance 13.64.045. FUND Goal Projected / Actual General $1,878,071 (25%) $10,460,131 Health Care $458,500 $907,000 Water $2,000,000 $2,320,334 Sewer $1,000,000 $636,564 Sanitation $250,000 $245,633 Landfill $500,000 $272,080 Overall Numbers The City’s total anticipated expenditures for FY 2014-15 will be approximately $23,180,704, which is up from the previous year of $22,178,215. ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 2 of 7 Human Resources $6.65 million of the total $12.88 million operating budget is salary and benefit costs (this number does not include any capital). This represents a figure of 51.6% of the total in salary and benefit costs. This is a increase from the FY 2013-14 figure of 44.58% and the FY 2012-13 percentage of 47%. Full-time employee numbers will be 75, with 3 part-time and 13 temporary/seasonal positions. Budgeted allocations in health insurance increased from $533 for single coverage and $1,385 for family coverage, to $613 for single coverage and $1,593 for family coverage. The total benefit package (health insurance, deferred compensation/Wyoming Retirement, workers compensation, social security, and other miscellaneous benefits) adds approximately 61%. General Fund The General Fund accounts for the majority of City activity including General Government functions of Non- Departmental, Administrative Services, City Council, Information Technology, Municipal Court, Community Development, and Community Services Contracts. The City will appropriate $761,020 (vs. $612,000 in FY 2013-14) in Community Service Contracts to other agencies in order to assist them in fulfilling their mission(s) within the community. Police Department activities include Administration, Patrol, and Communication. Public Works functions include Administration, Shop, Parks, Streets and Alleys, Cemetery, and the Pool. • General Fund surplus of revenues to expenditures is $1,233,183; • General Fund Operating Reserve is 139% of budgeted operating expenses ($7,512,286); • Council policy goal is 25% of budgeted expenditures, which would be $1,878,071; • General Fund expenditures are up approximately 12.25% over the FY 2013-14 budget. This is compared to last year’s increase of • Net operating revenue = $8,745,469; • Net operating Expenditures = $7,512,286 General fund expenditures for each of the operating divisions cover salaries and benefits, training and development costs, utility expenses, repair and maintenance, operating supplies and minor equipment purchases. Severance Tax distributions are capped with distribution related directly to municipal populations. Federal Mineral Royalties vary from year to year because the total amount is capped and the distribution is related to County, school and municipal populations. For the FY 2014-15, Severance is estimated at $227,000 and Mineral Royalties are estimated at $323,000. Management fees are costs charged to each of the city’s four Enterprise Funds (Water, Wastewater, Sanitation, and Landfill) for overhead expenses from the General Fund. A percentage of General Fund overhead is ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 3 of 7 assessed based on each utility’s percentage of total expenditures to the total of all Enterprise Fund expenses. The total FY 2014-15 amount for all management fees is $540,107. Cigarette taxes are distributed to local governments based on point-of-delivery to the retailer. A percentage of 33 1/3 of the excise tax collected is distributed to local governments. Likewise, gasoline tax is distributed based on a rather complicated formula as described in State Statute §39.17.204 through 39.17.211. A large share of the revenues budgeted at the local level are derived from state shared sources, which are distributed to local governments through formulas set by legislative action. Due to the political nature of the distribution method, this particular revenue stream is somewhat unpredictable. During the legislative session two years ago, the gas tax was increased by $.10 per gallon. The recent increase is estimated to increase the total line revenue to $150,000 for FY 2013-14 compared to an estimated $100,000 in FY 2012-13. The City of Douglas levies the statutory maximum of 8 mils of property tax within the city limits. Property tax assessed valuations have increased over the years resulting in an increase in our share of the distributed funds. Property tax is estimated at $315,000 with an additional estimate of $145,000 coming from the Auto property tax. Franchise fees are imposed on Century Link, Source Gas, Rocky Mountain Power and Media Stream for the privilege of using public right-of-way in the community for these private utilities. The fees are based on a percentage of gross revenues for Century Link and Rocky Mountain Power, the volume of gas delivered for Source Gas. The City finalized a new agreement with Media Stream last year. This year, the City will begin negotiation of a new franchise agreement with Rocky Mountain Power. Just as in the negotiation with Media Stream, the city staff will work to negotiate the agreement and will keep City Council appraised of the progress and terms as the negotiations continue. Special revenue funds Special Revenue Funds account for activities that have earmarked revenue sources. Special Revenue Funds include Police Special Projects Funds for the School Resource Officer, Homeland Security, and other special targeted grants. Enterprise (utility) Funds Enterprise Funds account for business-type activities supported largely by user charges. The City has four Enterprise Funds – Water, Wastewater, Sanitation and Landfill. Each fund must operate as a separate business. Generally Accepted Accounting Principles, as well as Wyoming State law, prohibit subsidizing one fund with revenue from another fund for ongoing operations. However, one time capital expenditures are allowable under certain circumstances. Each fund also maintains separate depreciation and replacement accounts for future expenditures. ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 4 of 7 Water Fund Highlights The Little Boxelder Spring (LBS) project, which was approved in 2011, is now in the design phase, eventually leading to construction. At the time of this memo, a designated start date has not been determined due to unexpected access delays. Recent access problems have slowed the project and efforts continue to bring the project back onto a workable timeline. With the resolution of the access problems, City staff and engineers will work to develop a timeline for completion of the LBS Project. An additional revenue stream the Water Department has capitalized on over the last couple of years is the sale of bulk water. In FY 2011-12, bulk water sales totaled $321,513. In FY 2012-2013, bulk water sales totaled $294,382. This year, sales only totaled $136,000. This decrease is most likely due to the existence of new sources of water from private sales. This revenue stream has been a welcome addition to the department. Due to the unknown and often erratic nature of the energy industry, which drives this revenue stream, the line item is intentionally conservative at a budget of $75,000. City Staff secured a temporary solution to the sale of bulk water in Douglas but other long term options for water sales and provisions will need to be investigated over the coming years. In FY 2012-13, City Council used General Fund revenue to pay in full a long-term debt within the Water Enterprise Fund. This loan, identified as the Master Water Plan, provided funds for substantial improvements to several water storage tanks. The original 2004 State Lands & Investments Board (SLIB) loan amount was $1,345,000 with an interest rate of 2.5% over 20 years. Therefore, the total cost of the loan was approximately $1,745,579. The same action was taken in FY 2013-14 to pay off the Water Treatment Plant Improvement Loan in the amount of $1,682,172. While this is not a recommended long term funding mechanism for capital improvements in enterprise funds, the expenditure has essentially eliminated the long term debt for the City of Douglas in all funds. By paying off existing City debt, the City has reduced overall debt service and internal costs. Wastewater Fund Highlights Sewer main replacements are budgeted for approximately $1,020,000. In addition to replacements, this fund also includes $984,000 for a UV filtration process. Last year, the following projects were budgeted and are, at the time of this letter, either completed or under way. 1. Washington Park. 2. Cedar St. 3. Leal St. Alley to Monroe St. 4. 6th St. from Center St. to Walnut St. The FY 2014-2015 projects budgeted are as follows: 1. Richard St.- 4th to Van Buren 2. 7th St.- Cedar to Poplar 3. 6th St.- Cedar to Poplar Alley ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 5 of 7 4. Walnut St.- 4th to Bearkit 5. 8th St.- Center to Cedar 6. 9th St.- Alley Center to Cedar Sanitation Highlights This fund will see the purchase of a new sanitation truck for $200,000. This unit will replace an older unit which continues to provide maintenance problems and increased cost for repair. Landfill Highlights Contract negotiations and the authorization to “buy-in” to the Casper Landfill are complete. Initial annual payments to Casper as per the agreement will begin once the transfer station nears completion. The total contract amount is $436,000, payable in five annual payments of $87,200. It should also be noted that the infrastructure buy in cost will be recalculated after the first two years of usage and may be adjusted based on actual usage. Additional funding opportunities associated with the transfer station construction were secured as the City will receive consensus funding in the amount of $400,000 and additional SLIB funding in the amount of $500,000. The bid for the project was received and awarded at $1,730,347 requiring the City to fund approximately $830,347. Internal Service Funds The City’s Employee Health Care Fund is funded through individual assessments from each operating division. The City anticipates expenses of $1,328,000 in this fund. The City currently covers 100% of the employee’s premium costs for single or family coverage. Capital Project Funds Major capital improvement projects scheduled for this fiscal year include: • Street Improvements: $1.79 million Overlay: 1. Walnut – 4th to Bearkit 2. 8th St – Center to Cedar 3. 9th St. – Center to Cedar Full replacement: 1. Poplar St – North 5th to 7th and 7th to Cedar 2. North 6th. – Walnut to Poplar ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 6 of 7 • Vehicles: 1. One police vehicle 2. One 4-Wheeler 3. Two Pickups 4. Dump truck 5. Truck 6. One Fleet Car (Admin) • Park Improvements: 1. Jackalope Square Upgrades 2. ADA & Playground Safety Upgrades 3. Cemetery pump station control & mainline upgrade 4. Washington Park Play Equipment 5. Keith Rider Park Swings 6. Keith Rider Park pump station and control upgrade. • Landfill: 1. Transfer station: $1,730,347 • Joint Communications: $250,000 will serve as a placeholder as the change is researched. This project is currently being estimated in excess of $4,000,000 with a new building included. Recent discussion and direction has this project being placed in Glenrock. The ongoing operational costs of the project are not known at this time. It has also been suggested that consensus monies could be used for the construction of this project. • Old WYDOT Building – The purchase of the old WYDOT building will still require the expenditure of additional funds to address the required maintenance and necessary changes to the building. • Fire Department: No large capital purchases are scheduled for this department this year. Some monies are being transferred to reserve for future capital purchases of larger equipment, as said equipment is commonly expensive. Personnel • Planning: The search for a permanent Community Development Director continues. At the time of this budget message, the position is occupied by an interim Director and the Department is operating as designed. • Police Department: The Douglas Police Department (DPD) is still in the process of hiring to authorized levels. The DPD is working to fill all patrol positions with testing being done on an as needed basis. Competition with local industry and other agencies for jobs has made hiring difficult but hiring ---PAGE BREAK--- Budget Summary, FY 2014-15 Page 7 of 7 processes are underway and the recent salary adjustments to the wage scale are expected to help with recruitment and retention. • Salary adjustments: Last year, the cost of living adjustment (COLA) recommendation in the budget was recommended at 2.5% for all non-department head employees. This year, the budget reflects position reclassifications with salary adjustments based on the comparability data presented to council. At the time of this message, no COLA is recommended beyond the increases associated with the comparability study. • Retirement: Legislation passed last year will require an additional change in the retirement contribution by ½% each year for two years. We are entering the second year of this change. Additionally, legislation passed this year requires an additional change in the retirement by ¾% each year for two years. These changes are recommended to be paid by the City. Trust & Agency Accounts Trust and Agency Funds account for assets held for others or for non-tax resources held by the City under specific trust instructions. The Perpetual Care Fund for the Cemetery is the most consistent trust and agency fund. Other funds include the Visible Memorial Fund (Memorial Trees), the Historic Preservation Fund, and Utility Deposits. The City is prohibited from using these funds for anything other than the designated purpose and can only utilize the interest on the perpetual care fund. Anthony Tolstedt City Administrator June 4, 2014 ---PAGE BREAK--- MEMO TO: Tony Tolstedt, City Administrator FROM: Mary Nicol, Administrative Services Director/Treasurer DATE: February 6, 2014 RE: FY 2015 Budget Preparation Calendar – Proposed Following is a preliminary schedule for the upcoming FY 2015 Budget preparation process: February 24 – March 21 (4 weeks) - Departments prepare preliminary expenditure requests; update five-year capital improvement plans; preparation of budget amendments; preparation of revenue projections. March 21 – All departmental FY15 budget and capital improvement requests & budget amendments due to Administrative Services Director. March 24 – April 11 (3 weeks) – Administrative Services Department develops draft budget document, and budget amendments. April 14 – April 18 (1 week) – Departmental reviews of budget requests and budget amendments with City Administrator and Administrative Services Director. April 21 – May 2 (2 weeks) – Staff preparation of Preliminary Budget and Budget Amendments. April 25 – Budget Amendments Public Hearing Notice to newspaper to be published April 30. May 5 – Distribution of Preliminary Budget to City Council. May 5 – May 9 (1 week) – Council study sessions. May 12 – Budget Amendment Public Hearing and Council Action. May 12 – May 22 (2 weeks) – Staff preparation of final draft of Budget. May 22 – Public Hearing Notice to newspaper to be published May 28 for FY 2015 Proposed Budget. June 9 – FY 2015 Budget Hearing and presentation of Budget Ordinance (no action). June 23 – Council Adoption of Budget Ordinance. ---PAGE BREAK--- July 1 – Distribution of Adopted Budget. City Administrator/Department Budget Amend & FY 15 Budget Sessions – April 14 – April 18: First Review: Revenues, Administrative Services April 14 1:00-4:00 IT, Community Development April 15 8:30-12:00 Police Department April 15 1:30-4:00 Public Works, Capital Projects April 16 8:30-12:00 Public Utilities April 17 1:30-4:00 Second Review: TBA (if needed) Council Study Sessions – May 5 – May 9: Date Time Budget Amendments, FY15 Budget Overview, Revenues, Admin Services, IT, Community Development, Police Department, Court, Special Projects, Public Works, Capital Projects, and Public Utilities. Aid to Others ---PAGE BREAK--- Chapter 7 Treasury Operations and General Finance, Section I – Fund Reserve Policy Page 1 I. FUND RESERVE POLICY 1 POLICY To provide adequate fund reserves to safe-guard the financial condition on the City of Douglas. 2. GENERAL Fund reserve balances will be maintained that:  Provide adequate financial resources to conduct the normal business of the City and ensure the continued delivery of services in the event of any disruption stemming from short-term interruptions in cash flow, and provide liquidity for certain projects and programs funded with reimbursable grants.  Provide adequate financial resources to maintain the City’s credit worthiness.  Provide for the accumulation of financial resources for use in capital acquisitions or to comply with legal requirements.  Provide adequate financial resources to respond, in a planned and decisive manner, to long-term or permanent decreases in revenues.  Provide adequate financial resources to ensure continued delivery of public safety, utility, and essential infrastructure maintenance services in response to natural disasters and emergency events.  Are not excessive. 3. APPLICABLE FUNDS This Policy applies to the City funds or fund types listed below. To achieve and maintain the desired fund equity balances, the applicable fund equity components will be calculated or designated in each of the City’s funds as follows: Governmental Fund Types General Fund 25% of total operating and maintenance expenditures for the ensuing fiscal year. Debt Service Fund 150% of budgeted debt service payment for the ensuing fiscal year, or other amount legally required in relation to debt issue. Capital Projects Fund 10% of revenues for the ensuing fiscal year. Chapter 7-I ---PAGE BREAK--- Chapter 7 Treasury Operations and General Finance, Section I – Fund Reserve Policy Page 2 Proprietary Fund Types Enterprise Funds: Water Fund- 100% of estimated annual depreciation expense, up to $2,000,000 Sewer Fund- 100% of estimated annual depreciation expense, up to $1,000,000 Sanitation Fund- 100% of estimated annual depreciation expense, up to $250,000 Landfill Fund- 100% of estimated annual depreciation expense, up to $500,000 Internal Service Fund: Employee Health Care- Six months of average claims based on current fiscal year end. Trust and Agency Fund Types Non-Expendable Trust Fund Cemetery Perpetual Care- 100% of fees collected. Other Specific Reserves Any amount legally required or necessary for a unique operating aspect of a particular fund, or as determined by City Council. 4. ANNUAL REVIEW OF RESERVED FUND EQUITY As part of the annual budget process, the Budget Officer will present for Council consideration the calculated and designated fund equity reserves. Adopted: September 11, 2000, Resolution No. 742 ---PAGE BREAK--- Chapter 7 Treasury Operations and General Finance, Section I – Fund Reserve Policy Page 3 Revised: February 28, 2005 Revised: June 25, 2012, Resolution No 1736 ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 1 I. STATEMENT OF INVESTMENT POLICY 1. POLICY This Statement of Investment Policy is adopted pursuant to the requirements of W.S. 9-4- 831(h). It is the policy of the City of Douglas (City) to invest public funds in a manner which will provide a reasonable rate of investment return while assuring the maximum security of principal, meeting the operational cash flow demands of the City, and conforming to all federal, state and local laws and regulations governing the investment of public funds 2. SCOPE This investment policy applies to all financial assets of the City. These funds are reported in the City’s General Purpose Financial Statements and include: • Governmental Funds o General Fund o Special Revenue Funds o Debt Service Fund o Capital Projects • Proprietary Funds o Enterprise Funds o Internal Service Funds • Trust and Agency Funds o Perpetual Care o Visible Memorials o Utility Deposits o Other-created by resolution as needed. 3. PRUDENCE Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Chapter 8-I ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 2 4. OBJECTIVES The primary objectives, in priority order, of the City’s investment activities shall be: A. Legality: All Investments held will be in accordance with Wyoming State Statues. B. Safety: Safety of principal is the primary objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required to minimize risk. C. Liquidity: The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all cash flow requirements which might be reasonably anticipated. D. Return on Investment: The City’s investment portfolio shall be designed with the objective of attaining a reasonable rate of return throughout budgetary and economic cycles, taking into account the City’s legal and investment risk constraints and the cash flow characteristics of the portfolio. E. Community Investment: The City’s investment portfolio will be managed with a commitment toward the benefit of the community. To this end, investing in local institutions, domestic instruments, or through local brokers will be the preferred investment strategy. This strategy will be tempered with the City’s fiduciary responsibility and policy of attaining a market rate of return. 5. MANAGEMENT RESPONSIBILITY Management responsibility for the investment program is delegated to the City Treasurer, who may establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, wire transfer and collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate investing activities. 6. FINANCE COMMITTEE In order to facilitate direct communication to the City Council, the City of Douglas Finance Committee shall be established. The committee shall be composed of: 1) Two members of the City Council 2) The City Administrator 3) The City Treasurer The purpose of the committee as it relates to the investing program shall be: ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 3 1) The periodic review of and report on the City’s investment activities. 2) The periodic review of the City’s investment policy. 3) Review and comment on any amendments of the City’s investment policy as proposed by the City Treasurer. 4) Consider and make recommendations on other financial functions of the City. 7. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Members of the Finance Committee and investment officials shall disclose to the Mayor any material financial interests in financial institutions that conduct business within the jurisdictions, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s investment portfolio. 8. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer will maintain a list of financial institutions authorized to provide investment services. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City shall be at the sole discretion of the City. City investments may be placed with those broker/dealers that have been qualified under the auspices of this policy as long as their cumulative transactions do not exceed an amount greater than 50% of the portfolio. No public deposit shall be made except in a qualified public depository as established by W.S. 9-4-817 through 9-4-822. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements proof of National Association of Security Dealers certification proof of Wyoming registration certification of having read and understood and agreeing to comply with the entity’s investment policy A current audited financial statement is required to be on file for each financial institution and broker/dealer in which the City invests. 9. AUTHORIZED AND SUITABLE INVESTMENTS The City Treasurer is authorized to invest in those types of securities as allowed in W.S. 9-4- 831, W.S. 9-1-416, and any other state law authorizing a type of investment, with the following exceptions: City funds will not be invested in derivative type investments such as collateralized mortgage obligations, strips, floaters, etc. Certain types of such investments may qualify under state statute but are not deemed appropriate for use by the City. ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 4 10. COLLATERALIZATION Collateralization will be required on investments in certificates of deposit. In order to anticipate market changes, amounts of funds on deposit, and provide an adequate level of security for all deposited funds, the collateralization level will be 120%, of market value of the principal and interest on deposit. The City Treasurer shall verify on a basis that the value of collateral is sufficient to cover the deposits of investments discussed in the Investment Policy. Acceptable instruments for collateralization are those found in W.S. 9-4-820 and 9-4-821, with the following exception of conventional mortgages. 11. SAFEKEEPING AND CUSTODY Pledged collateral that are instruments of the United States Government and its agencies, will be safe kept by the Federal Reserve Bank of Kansas City – Denver Branch. Other listed collateral that cannot be held by the Federal Reserve will be held by a non- affiliated, independent third party with whom the City has a current written custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution, upon prior notification and acceptance by the City, is granted. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. 12. DIVERSIFICATION The City will diversify its investments by security type and institution. With the exception of U.S. Treasury securities, certificates of deposits, and authorized pools, no more than 25% of the City’s total investment portfolio will be invested in a single security type. To provide assurance that the City will be able to continue financial operations without interruption and dependent upon interest rates, satisfaction with services, and practicality, the City will generally attempt to utilize at least two financial institutions as depositories. 13. Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase or in accordance with state and local statutes and ordinances. The City may collateralize time deposits using longer-dated investments. ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 5 14. INTERNAL CONTROL The City Treasurer shall establish a process of annual independent review of the investment function by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. 15. MARKET YIELD The City’s investment strategy is active. The City will generally purchase instruments with the intent of holding the investments until maturity. Securities may be sold when market prices exceed original cost plus cost of sale by an amount that would contribute favorably to the City’s rate of return on investments. Given this strategy, the basis used by the City Treasurer to determine whether reasonable yields are being achieved is if the rate of return on all average cash and investment balances is within 100 basis points below the lower of: 1) The average of one year certificate of deposit rate of local depositories; or 2) The average annual earning rate of the State of Wyoming Local Investment pool (WYOSTAR) as defined by W.S. 9-1-416. 16. REPORTING The City Treasurer is charged with the responsibility of preparing a report to the City Administrator and City Council showing the type of investment, institution, rate of interest, maturity date, and amount of deposit. 17. INVESTMENT POLICY ADOPTION The City’s investment policy shall be adopted by resolution of the City’s legislative authority. The policy shall be reviewed on a three year basis by the Finance Committee and any modifications made thereto must be approved by the City Council. ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 6 Glossary ACCRUED INTEREST: The accumulated interest due on an investment as of the last interest payment made by the issuer. AGENCIES: Federal agency securities and/or Government-sponsored enterprises. ASKED: The price at which securities are offered. BANKER”S ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., “1/4” of 1 percent is equal to 25 basis points. BID: The price offered by a buyer of securities. See offer. BOOK VALUE: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit, or other property that a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DERIVATIVE SECURITY: Financial instruments created from, or whose value depends upon, one or more underlying assets or indexes of asset value. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit t various classes of institutions and individuals, e.g., S&L’s, small-business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per bank/financial institution. FEDERAL FUNDS (FED FUNDS): Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) that lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the is to liquefy the housing related assets of its members who must purchase stock in their district Bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FmHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes. LIQUIDITY: An asset that can be converted easily and rapidly into cash. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The current price of a security. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 7 NATIONAL ASSOCIATION OF SECURITY DEALERS (NASD): A self-regulatory organization of brokers and dealers n the over- the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. PAR: Face value or principal value of a bond, typically $1,000 per bond. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRUDENT PERSON RULE: An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. REPURCHASE AGREEMENT (RP OR REPO): An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. REVERSE REPURCHASE AGREEMENT (Reverse Repo): An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. SAFEKEEPING: Holding of assets securities) by a financial institution. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREAURY NOTES: Medium-term coupon-bearing U.S. Treasury securities as direct obligations of the U.S. Government and having initial maturities from two to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission Rule 15C3-1 outlining capital requirements for broker/dealers. YIELD: The current rate of return on an investment generally expressed as a percentage of the security’s current price.. ADOPTED: 3/11/1991 Resolution No. 446 REVISED: 3/22/1993 Resolution No. 510 REVISED: 6/10/1996 Resolution No. 620 REVISED: 7/14/2003 Resolution No. 987 REVIEWED: Jan. 2006 Council Orientation REVISED: 6/25/2012 Resolution No. 1738 ---PAGE BREAK--- Chapter 8 Investing, Section I - Statement of Investment Policy Page 8 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Administrative Services General Caselle upgrades 5,000 Administrative Services 5,000 Total: General General Fund Equipment Reserve Car (Replace #105) 30,000 Administrative Services Ford Excursion (Replace #103) 25,000 Administrative Services 30,000 Total: 25,000 General Fund Equipment Reserve 35,000 Total: 25,000 Administrative Services Page 1 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Douglas Community Club General Fund Equipment Reserve Fairway mower 45,000 Douglas Community Club Bedknife & reel grinders 35,000 Douglas Community Club Greens Mower 37,000 Douglas Community Club Tee Mower 37,000 Douglas Community Club Pickup 18,000 Douglas Community Club 80,000 Total: 37,000 37,000 18,000 General Fund Equipment Reserve Park Improvements Shop 50 X 30 insulated metal with equipment lift & office 70,000 Douglas Community Club Parking lot repairs Douglas Community Club Green Covers 6,100 Douglas Community Club Parking lot repairs Douglas Community Club Green covers 6,000 Douglas Community Club Page 2 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Green covers 6,000 Douglas Community Club Parking lot repairs Douglas Community Club Green covers 6,000 Douglas Community Club 76,100 Total: 6,000 6,000 6,000 Park Improvements 156,100 Total: 43,000 43,000 24,000 Douglas Community Club Page 3 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Information Technology Capital Improvement Public Facilities Carpet - WYDOT 8,000 Information Technology Total: 8,000 Capital Improvement Public Facilities General Backup Server 20,000 Information Technology Vmware Servers 14,000 Information Technology Exchange Server 8,000 Information Technology Firewalls 5,000 Information Technology Server/Network upgrade 12,000 Information Technology Domain Servers 8,000 Information Technology ISA Threat Management Server 12,000 Information Technology Backup Server/Network upgrade 18,000 Information Technology 20,000 Total: 18,000 20,000 17,000 22,000 General Page 4 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 20,000 Total: 18,000 20,000 17,000 30,000 Information Technology Page 5 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Landfill Landfill Transfer Station 1,730,347 Landfill Generator (Backup power at scalehouse) 29,000 Landfill Pickup 37,000 Landfill Scraper (Replace #73) (1998) 300,000 Landfill Recycling drop off trailers - 2 37,000 Landfill Closure of existing cell #3 50,000 Landfill Closure of existing cell #4 50,000 Landfill Permitting C & D pit 50,000 Landfill 1,809,347 Total: 337,000 137,000 Landfill 1,809,347 Total: 337,000 137,000 Landfill Page 6 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Non Departmental Capital Improvement Reserve Redesign parking lot - drainage 200,000 Non Departmental Total: 200,000 Capital Improvement Reserve General Fund Equipment Reserve Paperless agenda software & equipment 30,000 Non Departmental Total: 30,000 General Fund Equipment Reserve Total: 230,000 Non Departmental Page 7 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Planning/Development General Fund Equipment Reserve Chevy Trail Blazer (Replace #106) 25,000 Planning/Develop ment Car (Replace #102) 25,000 Planning/Develop ment Total: 25,000 25,000 General Fund Equipment Reserve Total: 25,000 25,000 Planning/Development Page 8 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Police - Communications General Fund Equipment Reserve Copier 11,000 Police - Communications 11,000 Total: General Fund Equipment Reserve 11,000 Total: Police - Communications Page 9 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Police - Patrol General Fund Equipment Reserve Car cams - 3 15,000 Police - Patrol Car Cams - 2 10,000 Police - Patrol Car Cams - 3 15,000 Police - Patrol Car Cams - 2 15,000 Police - Patrol Car (SRO) 39,000 Police - Patrol Car - 2 (Replace #220 & #226) 77,000 Police - Patrol Car - 4 (Replace #230, #231, #232, #240) 152,000 Police - Patrol 54,000 Total: 152,000 15,000 92,000 10,000 General Fund Equipment Reserve 54,000 Total: 152,000 15,000 92,000 10,000 Police - Patrol Page 10 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Pool Improvements Pool Improvements Main Filter 30,000 Pool Improvements 30,000 Total: Pool Improvements 30,000 Total: Pool Improvements Page 11 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Public Works - Administration Capital Improvement Public Facilities PW: New building landscaping & fuel recording system 75,000 Public Works - Administration Door 200 Public Works - Administration Shop Door, Lock, Closer 1,200 Public Works - Administration Windows 8,500 Public Works - Administration 84,900 Total: Capital Improvement Public Facilities Capital Improvement Reserve Replace heater & air conditioner 20,000 Public Works - Administration 20,000 Total: Capital Improvement Reserve 104,900 Total: Public Works - Administration Page 12 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Public Works - Cemetery General Fund Equipment Reserve Hustler Mowers (Replace #25 & #26) (1998) 50,000 Public Works - Cemetery Sweep Vac - 50% (Replace #41) 25,000 Public Works - Cemetery Air compressor (Replace #26) 18,000 Public Works - Cemetery Backhoe 75,000 Public Works - Cemetery 50,000 Total: 75,000 43,000 General Fund Equipment Reserve Park Improvements Fence, irrigation system, beautification - Pioneer cemetery 20,000 Public Works - Cemetery Pump station, control & maintenance upgrade 120,000 Public Works - Cemetery Irrigation, seeding, planting 250,000 Public Works - Cemetery Irrigation seeding & planting 250,000 Public Works - Cemetery 140,000 Total: 250,000 250,000 Park Improvements 190,000 Total: 250,000 75,000 250,000 43,000 Public Works - Cemetery Page 13 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Public Works - Parks General Fund Equipment Reserve Sweep Vac - 50% (Replace #41) 25,000 Public Works - Parks Hustler Mower (Replace #34) 25,000 Public Works - Parks Mosquito Fogger 10,500 Public Works - Parks Mower trailer 4,000 Public Works - Parks Mowers - 2 50,000 Public Works - Parks 4 Wheeler (Replace #36) (2004) 12,000 Public Works - Parks Pickup (Replace #12) (1993) 30,000 Public Works - Parks Pickup (Replace #11) 30,000 Public Works - Parks Pickup (Replace #10) 30,000 Public Works - Parks Pickup (Replace #17) 30,000 Public Works - Parks 42,000 Total: 50,000 99,500 55,000 General Fund Equipment Reserve Park Improvements Page 14 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Concession Roof - Bartling Park 30,000 Public Works - Parks Picnic Shelter #2 - Bartling Park 60,000 Public Works - Parks Restroom upgrade - Washington Park 20,000 Public Works - Parks Jackalope square upgrades 15,000 Public Works - Parks ADA and playground safety upgrades 15,000 Public Works - Parks Pump station & control upgrade - Keith Rider 120,000 Public Works - Parks ADA and playground safety upgrades 15,000 Public Works - Parks Keith Rider improvements 175,000 Public Works - Parks Irrigation replacement-Bartling park 200,000 Public Works - Parks Ballfield lights - Bartling Park 150,000 Public Works - Parks ADA and playground-safety upgrades 15,000 Public Works - Parks Keith Rider Improvements 200,000 Public Works - Parks Irrigation replacement - Park Drive 100,000 Public Works - Parks Page 15 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 ADA and playground safety upgrades 15,000 Public Works - Parks Lighting - Washington Park 65,000 Public Works - Parks 150,000 Total: 380,000 245,000 420,000 Park Improvements 192,000 Total: 50,000 380,000 344,500 475,000 Public Works - Parks Page 16 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Public Works - Shop General Fund Equipment Reserve Pickup (Replace #60) 25,000 Public Works - Shop Total: 25,000 General Fund Equipment Reserve Total: 25,000 Public Works - Shop Page 17 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Public Works - Streets/Alleys General Fund Equipment Reserve Snowblower (Replace 1986) 75,000 Public Works - Streets/Alleys Dump Truck (Replace #123) (1977) 65,000 Public Works - Streets/Alleys Truck (Replace #132) (1984) 30,000 Public Works - Streets/Alleys Pickup (Replace #130) 30,000 Public Works - Streets/Alleys Pickup (Replace #135) 30,000 Public Works - Streets/Alleys 95,000 Total: 105,000 30,000 General Fund Equipment Reserve Street Improvements Overlay 8th Street - Center to Cedar 175,000 Public Works - Streets/Alleys Overlay Walnut Street - 4th to Bearkit 180,000 Public Works - Streets/Alleys North 6th Street - Walnut to Poplar 450,000 Public Works - Streets/Alleys Poplar Street - N 5th to N 7th & N 7th to Cedar 565,000 Public Works - Streets/Alleys Overlay 9th Street - Center to Cedar 250,000 Public Works - Streets/Alleys Page 18 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Overlay Bandera Avenue - Cheyenne to Park 135,000 Public Works - Streets/Alleys Silica Film Overlay 4th Street Bridge 305,000 Public Works - Streets/Alleys Leal Street - Bar Two to Pearson 790,000 Public Works - Streets/Alleys Overlay Sonora Avenue - Cheyenne to Madora 75,000 Public Works - Streets/Alleys Pine Street - 3rd to 6th St 865,000 Public Works - Streets/Alleys Overlay Ash Street - 3rd to 8th 665,000 Public Works - Streets/Alleys Overlay Birch Street - 6th to 8th 165,000 Public Works - Streets/Alleys Overlay Cody Street - 5th to Jefferson 300,000 Public Works - Streets/Alleys Kimball Street - Storm Sewer 510,000 Public Works - Streets/Alleys Osbourne Street - Storm Sewer 50,000 Public Works - Streets/Alleys Overlay Pearson Street - Yellowstone to Leal 640,000 Public Works - Streets/Alleys Elm Street - Brownfield to 3rd St 220,000 Public Works - Streets/Alleys 1,620,000 Total: 860,000 860,000 1,695,000 1,305,000 Street Improvements Page 19 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 1,715,000 Total: 860,000 965,000 1,725,000 1,305,000 Public Works - Streets/Alleys Page 20 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Sanitation Sanitation Packer - 25 yd (Replace #702) 190,000 Sanitation 190,000 Total: Sanitation 190,000 Total: Sanitation Page 21 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Sewer - Collection Sewer SCADA for west river lift station 8,000 Sewer - Collection Building (3sided) to cover pipe racks - 50% 15,000 Sewer - Collection Replace two water tanks on vactor unit #174 10,000 Sewer - Collection Loader - 50% (1996) 70,000 Sewer - Collection Air compressor - 50% 11,000 Sewer - Collection Backhoe - 50% (Replace #184) 55,000 Sewer - Collection Loader - 50% 70,000 Sewer - Collection Pickup - 50% (Replace 17,500 Sewer - Collection 50,500 Total: 70,000 66,000 70,000 Sewer 50,500 Total: 70,000 66,000 70,000 Sewer - Collection Page 22 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Sewer - Main Replacement Sewer 8th - Center to Cedar 200,000 Sewer - Main Replacement Walnut - 5th to 7th 80,000 Sewer - Main Replacement 9th - Alley - Center to Cedar 360,000 Sewer - Main Replacement 6th - Cedar to Poplar 135,000 Sewer - Main Replacement 7th - Cedar to Poplar 95,000 Sewer - Main Replacement Richards St - 4th to Van Buren 365,000 Sewer - Main Replacement Birch St - 6th to 8th crossing 105,000 Sewer - Main Replacement Ash St - 3rd to 8th and 7th to Pine crossings 275,000 Sewer - Main Replacement Richards St - 4th to Van Buren 530,000 Sewer - Main Replacement Pine St - 5th to 6th 235,000 Sewer - Main Replacement Cody St - 5th to Jefferson 325,000 Sewer - Main Replacement Page 23 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Alley between 5th & Adams - Richards to Cody 360,000 Sewer - Main Replacement Elm St - Brownfield to 3rd 305,000 Sewer - Main Replacement 10th St Alley - Hamilton to 10th 365,000 Sewer - Main Replacement 870,000 Total: 670,000 685,000 1,145,000 365,000 Sewer 870,000 Total: 670,000 685,000 1,145,000 365,000 Sewer - Main Replacement Page 24 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Sewer - Treatment Sewer Phase III UV disinfection system 836,400 Sewer - Treatment Fence replacement 105,000 Sewer - Treatment Cell 2 aeration replacement & sludge removal 350,000 Sewer - Treatment Pickup (Replace - 50% 17,500 Sewer - Treatment 941,400 Total: 17,500 350,000 Sewer 941,400 Total: 17,500 350,000 Sewer - Treatment Page 25 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Water - Customer Service Water Radio read 150,000 Water - Customer Service Radio read 150,000 Water - Customer Service Pickup (Replace #180) (1994) 35,000 Water - Customer Service 150,000 Total: 185,000 Water 150,000 Total: 185,000 Water - Customer Service Page 26 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Water - Distribution/Maintenance Water Loader - 50% (Replace 1996) 70,000 Water - Distribution/Maint Line locator 7,000 Water - Distribution/Maint Compressor 11,000 Water - Distribution/Maint Backhoe - 50% (Replace #184) (1996) 55,000 Water - Distribution/Maint Loader - 50% (Replace #185) 70,000 Water - Distribution/Maint Pickup - 50% (Replace 17,500 Water - Distribution/Maint 17,500 Total: 70,000 73,000 70,000 Water 17,500 Total: 70,000 73,000 70,000 Water - Distribution/Maintenance Page 27 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Water - Improvements Water Building (3 sided) to cover pipe racks - 50% 15,000 Water - Improvements Little Boxelder spring rehab 708,937 Water - Improvements 723,937 Total: Water 723,937 Total: Water - Improvements Page 28 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Water - Main Replacement Water 8th - Center to Cedar 325,000 Water - Main Replacement Poplar & 7th - 6th to Cedar 235,000 Water - Main Replacement 9th Alley - Center to Cedar 480,000 Water - Main Replacement Richards St - 5th to Grant 1,595,000 Water - Main Replacement Ash St - 3rd to 8th & 7th to Pine 280,000 Water - Main Replacement Birch St - 6th to 8th 245,000 Water - Main Replacement Pine St - 5th to 6th 235,000 Water - Main Replacement Cody St - 5th to Jefferson 195,000 Water - Main Replacement Adams St - Richards to Laramie 425,000 Water - Main Replacement 10th St Alley - Hamilton to 10th 325,000 Water - Main Replacement Elm St - Brownfield to 3rd 285,000 Water - Main Replacement Page 29 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 1,040,000 Total: 610,000 620,000 760,000 1,595,000 Water 1,040,000 Total: 610,000 620,000 760,000 1,595,000 Water - Main Replacement Page 30 ---PAGE BREAK--- FY 2015 FY 2019 FY 2018 FY 2017 FY 2016 CITY OF DOUGLAS CAPITAL PLAN - FY 2015 Water - Treatment Water Replace Soft start motor controller 95,000 Water - Treatment Replace low service check valve 25,000 Water - Treatment Presedimentation rehab 150,000 Water - Treatment Work on sheep mountain well power line 150,000 Water - Treatment Water treatment plant instrumentaion rehab 50,000 Water - Treatment Filter sand replacement 400,000 Water - Treatment SCADA system replacement - 10 sites 250,000 Water - Treatment Replace SCADA computer & programming 15,000 Water - Treatment Pickup (Replace 50% 17,500 Water - Treatment 175,000 Total: 360,000 417,500 50,000 150,000 Water 175,000 Total: 360,000 417,500 50,000 150,000 Water - Treatment Page 31 ---PAGE BREAK--- CITY OF DOUGLAS POSITION SPECIFICATION Amended 11/14/05 TITLE: CITY CLERK/ADMINISTRATIVE SECRETARY CLASS CODE: 1215 GENERAL DESCRIPTION: PERFORMS A VARIETY OF RESPONSIBLE CLERICAL AND ADMINISTRATIVE DETAIL WORK INVOLVED IN LOCAL GOVERNMENT ADMINISTRATION; ASSISTS EXECUTIVE ADMINISTRATIVE STAFF BY PERFORMING COMPLETE SECRETARIAL DUTIES. (Any position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this classification). SUPERVISION EXERCISED/ACCOUNTABILITY: Works under general supervision of City Administrator and Administrative Services Director. No supervisory responsibility. MAJOR TASKS: Carries out all duties of the City Clerk as prescribed by State Statute, local ordinance and custom, including attesting of signatures, administering oaths of office, manually signing all payroll and vendor checks, completing municipal election duties, recording official documents, etc. Prepares agenda and supporting material for all Council meetings; types and distributes copies to designated individuals; attends and records proceedings of City Council meetings using tape recorder and abbreviated writing; types minutes, publishes and places in permanent record. Administers and enforces city business and liquor licensing ordinances; interprets and explains regulations and procedures pertaining to license requirements. Establishes, maintains and serves as custodian for the records management system for City; including permanent files for minutes, ordinances, resolutions, and other original legal documents. Responsible for all legal publications and advertising of City; publishes ordinances, call for bids, public hearing notices, and other required materials. Responsible for conducting all bid openings, properly recording openings, obtaining contract signatures, receiving and returning posted bonds, filing for permanent record. Maintains cemetery records, issues cemetery permits and deeds. Furnishes and receives information requiring considerable judgment, discretion and authority regarding business of work unit. Types a variety of forms, reports, grant requests, correspondence and records from a variety of primary reference sources; transcribes complex or confidential recorded dictation for City Administrator and other administrative staff; takes notes of general government staff meetings and other meetings as assigned; composes both routine and detailed correspondence dealing with subjects concerning work unit. ---PAGE BREAK--- Maintains general Administrative filing system. MINOR TASKS: Prepares purchase documents according to established procedures examining and verifying the accuracy of the purchase documents; distributes approved purchasing documents to appropriate departments. Maintains contract files on all city maintenance agreements; prepares payment documentation as needed. Completes travel and lodging arrangements for staff, Mayor and City Council, as required; arranges meetings; maintains appointment schedule for City Administrator and Administrative Services Director. Opens and separates mail for the department, noting priority mail, and distributes according to established plan or schedule. Licenses all City vehicles. Completes a variety of questionnaires, surveys and forms. Copies or duplicates forms, documents, or other records, using copying machine. Attends meetings, conferences and seminars. Performs related duties as assigned. KNOWLEDGE AREAS: Considerable knowledge of office organization, methods, standards and practices; grammar, spelling and punctuation; knowledge of bookkeeping and filing techniques; general city operations, ordinances and organization acquired on the job; and parliamentary procedure. SKILL/ABILITY AREAS: Skill in operation of personal computer and other office machines as required; ability to perform a variety of secretarial duties requiring some exercise of independent judgment; skill in transcribing oral dictation; ability to establish and maintain effective interpersonal relationships with employees, other agencies and the public and to deal with public relations problems courteously and tactfully; ability to communicate effectively verbally and in writing; skill in maintenance of files and records; ability to read and interpret City Codes and Ordinances SPECIAL CONDITIONS OF WORK: Must sign non-disclosure agreement. LEGAL REQUIREMENTS: Must be bonded. Notary Public. Valid Wyoming Driver's License, Class C. RECOMMENDED PREPARATION FOR EMPLOYMENT: Completion of college course work at the associate level in secretarial science or related field and four years of records and communications work experience. Other training and experience will be evaluated for relevance to assignments in this position class. ---PAGE BREAK--- Page 1 of 9 CHAPTER 4 LOCAL LICENSES ARTICLE 1 APPLICATIONS 12-4-101. Authority of cities, towns and counties; population figures; number of available licenses and permits; assessment and payment of fees. Incorporated cities, towns and counties within Wyoming shall license and regulate or prohibit the retail sale of alcoholic and malt beverages under this title. Nothing in this title prohibits a licensing authority of an incorporated city, town or county from issuing less than the total number of allowable retail liquor licenses pursuant to W.S. 12-4-201, less than the allowable bar and grill liquor licenses pursuant to W.S. 12-4-413 or from refusing to issue any license or permit authorized by this title. Population figures are based upon the official ten (10) year federal census preceding the time of application. Population figures based upon the official census shall be periodically revised by a state population estimate no later than five years after the federal census publication date. Population figures and estimates required by subsection of this section shall be furnished to the appropriate licensing authorities within the state by the department of administration and information using population estimates from the United States bureau of the census. The maximum number of licenses and permits available for issuance by a licensing authority pursuant to the population formula provided by W.S. 12-4-201 and 12-4-413, shall be certified and distributed by the commission. Unless otherwise provided, the licensing authority shall uniformly assess license or permit fees annually for each particular class of license or permit. Applicants for a license or permit shall pay the required fee in cash or by certified check upon receipt of the license or permit. 12-4-102. Application for licenses and permits; contents; signature and verification. ---PAGE BREAK--- Page 2 of 9 Any person desiring a license or permit authorized by this title shall apply to the appropriate licensing authority. The application shall be made under oath upon a form to be prepared by the attorney general and furnished to the licensing authority. The application shall be filed in the office of the clerk of the appropriate licensing authority and shall contain the following provisions: The location and a description of the room in which the applicant will sell under the license if the building is in existence at the time of application. If the building is not in existence, the location and an architect's drawing or suitable plans of the room and premises to be licensed; (ii) The age and residence of the applicant, and of each applicant or partner if the application is made by more than one individual or by a partnership; (iii) A disclosure of any criminal record of the applicant or any partner equal to a felony conviction under Wyoming law and of any conviction for a violation of Wyoming law relating to the sale or manufacture of alcoholic liquor or malt beverages within ten (10) years prior to the filing of the application; (iv) If the applicant is a corporation: The name, age and residence of each officer, director and stockholder holding, either jointly or severally, ten percent (10%) or more of the outstanding and issued capital stock of the corporation; and Whether any officer, director or stockholder with ten percent (10%) or more ownership has been convicted of a violation of law as provided in paragraph (iii) of this subsection. If the applicant is a limited liability company: The name, age and residence of each officer, manager and member holding, either jointly or severally, ten percent (10%) or ---PAGE BREAK--- Page 3 of 9 more of the outstanding ownership of the limited liability company; and If any officer, manager or member with ten percent (10%) or more ownership has been convicted of a violation of law as provided under paragraph (a)(iii) of this subsection. (vi) A statement indicating the financial condition and financial stability of a new applicant; (vii) The site and the zoning of the site where the applicant will sell under the license; (viii) If application is for a retail license renewal, the applicant shall provide documentation to the local licensing authority that minimum purchase requirements specified in W.S. 12-4-103(c) have been met. No person or partner shall have any interest, directly or indirectly, in a license or permit unless he signs and verifies the application for the license or permit. No corporation shall be granted a license or permit unless two or more of the officers or directors sign and verify the application on behalf of the corporation and also verify upon their oath as individuals that the statements and provisions contained therein are true, except that if all the stock of the corporation is owned by one individual then that individual may sign and verify the application and verify upon his oath that the statements and provisions contained therein are true. No limited liability company shall be granted a license or permit unless at least one of the officers, managers, or if there are no officers or managers, at least one of the members who is duly authorized to act on behalf of the limited liability company signs and verifies the application on behalf of the company and also verifies upon his oath that the statements and provisions contained therein are true. Corporate and limited liability company licensees and permittees shall advise the licensing authority within thirty (30) days in writing of any change in the information in the application required by paragraphs (a)(iv) or of this section. The licensing ---PAGE BREAK--- Page 4 of 9 authority shall provide the commission a copy of a notification of change. 12-4-103. Restrictions upon license or permit applicants and holders; license limitation per person. A license or permit authorized by this title shall not be held by, issued or transferred to: Any mayor, member of a city or town council or county commissioner within their respective jurisdiction; (ii) Any person employed by the state or a city, town or county as a law enforcement officer or who holds office as a law enforcement officer through election; (iii) Any person who does not own the building in which the sales room is located or hold a written lease for the period for which the license will be effective containing an agreement by the lessor that alcoholic or malt beverages may be sold upon the leased premises, except as provided by paragraph (iv) of this subsection; (iv) Any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building within two years after a license or permit has been issued or transferred, or if holding a license, fails to open his business in a functional building within two years after license issuance or transfer. Upon a showing of good cause by the licensee and for an additional period of not to exceed one year, the local licensing authority may extend the time period in which the business or enterprise of the licensee is required to become operational or open for business pursuant to this paragraph. Any license or permit in violation of this paragraph shall not be renewed by the local licensing authority; Repealed By Laws 1996, ch. 122, § 3. (vi) A manufacturer of alcoholic beverages or wholesaler of malt beverages; ---PAGE BREAK--- Page 5 of 9 (vii) A person under eighteen (18) years of age; (viii) A college fraternity or organization created by one or more college fraternities; (ix) A chamber of commerce, except for twenty-four (24) hour malt beverage permits issued pursuant to W.S. 12-4-502; A corporation, limited liability company, limited partnership, or limited liability partnership which has not qualified to do business in Wyoming; (xi) An individual who is not a resident; or (xii) Any general partnership or group of two or more persons unless each person interested, directly or indirectly, is a resident or qualified to do business in this state. Except as provided in W.S. 12-4-301(e), no licensing authority shall issue more than one license or permit to any one person. Except as provided in subsection of this section, a license or permit authorized by this title shall not be renewed if the licensee or permittee did not, during the previous one year term of the license or permit, purchase at least five hundred dollars ($500.00) of alcoholic or malt beverages or a combination thereof from the commission or any authorized malt beverage wholesaler. A retail liquor license shall not be renewed if the licensee did not, during the previous one year term of the license, purchase at least two thousand dollars ($2,000.00) of alcoholic or malt beverages or a combination thereof from the commission or any authorized malt beverage wholesaler. Subsection of this section shall not apply to: ---PAGE BREAK--- Page 6 of 9 Any licensee or permittee having a planned but not physically functional building pursuant to paragraph (a)(iv) of this section; (ii) Holders of special permits issued under article 5 of this chapter; (iii) Holders of a limited transportation liquor license under W.S. 12-2-202. 12-4-104. Publication of notice; grant or denial; renewal preference; copy of application and notice to commission; judicial review. When an application for a license, permit, renewal or any transfer of location or ownership thereof has been filed with a licensing authority, the clerk shall prepare a notice of application, place the notice conspicuously upon the premises shown by the application as the proposed place of sale and publish the notice in a newspaper of local circulation once a week for two consecutive weeks. When a county is the licensing authority, the county clerk shall also post the notice on the official website of the county in the manner provided in W.S 18-3-516(f). When a city or town is the licensing authority, the city clerk shall also post the notice on the city or town's official website if one exists. The notice shall state that a named applicant has applied for a license, permit, renewal or transfer thereof, and that protests against the issuance, renewal or transfer of the license or permit will be heard at a designated meeting of the licensing authority. Each applicant shall, at the time of filing his application, pay the clerk an amount sufficient to cover the costs of publishing notice. Notices may be substantially in the following form: NOTICE OF APPLICATION FOR A Notice is hereby given that on the day of (year) (name of applicant) filed an application for a license (permit), in the office of the clerk of the city (or town or county) of for the following described place (and room) (insert description) and protests, if any there be, against the issuance (transfer or renewal) of the license (permit) will be heard at the hour of on the day of (year), in the (meeting place of the governing body). ---PAGE BREAK--- Page 7 of 9 Dated Signed Any license or permit authorized under this title shall not be issued, renewed or transferred until on or after the date set in the notice for hearing protests. If a renewal or transfer hearing, the hearing shall be held no later than thirty (30) days preceding the expiration date of the license or permit. A license or permit shall not be issued, renewed or transferred if the licensing authority finds from evidence presented at the hearing: The welfare of the people residing in the vicinity of the proposed license or permit premises shall be adversely and seriously affected; (ii) The purpose of this title shall not be carried out by the issuance, renewal or transfer of the license or permit; (iii) The number, type and location of existing licenses or permits meet the needs of the vicinity under consideration; (iv) The desires of the residents of the county, city or town will not be met or satisfied by the issuance, renewal or transfer of the license or permit; or Any other reasonable restrictions or standards which may be imposed by the licensing authority shall not be carried out by the issuance, renewal or transfer of the license or permit. The owner and holder of an expired liquor license or permit or one due for expiration has a preference right to a new license for the same location. After the required notice and a public hearing, each application claiming renewal preference shall be considered and acted upon by the licensing authority. When any application is filed with a licensing authority, the licensing authority shall immediately forward a copy of the application to the commission. No licensing authority shall approve or deny an application until the commission has certified the application is complete pursuant to this subsection. All ---PAGE BREAK--- Page 8 of 9 applications shall be deemed to be certified unless objection is made by the commission within ten (10) working days after receipt of the application. Upon approval or denial of an application, the licensing authority shall notify the commission. An applicant for a renewal license or permit may appeal to the district court from an adverse decision by the licensing authority. No applicant for a new license shall have a right of appeal from the decision of the licensing authority denying an application. Upon an appeal the person applying for a license and claiming renewal preference shall be named as plaintiff, with the licensing authority named as defendant. During the pendency of an appeal, a renewal license denied by a licensing authority shall not be granted to any other applicant. Upon notice of appeal the clerk shall transmit to the clerk of the district court a certified copy of the application, of each protest if any, and of the minutes recording the decision appealed from. The appeal shall be heard as a trial de novo with evidence taken and other proceedings had as in the trial of civil actions. The court may accept and consider as part of the record certified documents forwarded to the court by the clerk of the licensing authority. The case shall be heard and the procedure shall conform to the Wyoming Rules of Civil Procedure unless other procedures are provided for or required. 12-4-105. Disposition of license fees; refunds prohibited. All fees for licenses and permits issued by a licensing authority paid under this title shall be deposited into the treasury of the licensing authority. No refund of all or any part of a license fee shall be made at any time following issuance. 12-4-106. Term of license and permit; exception. A license or permit is considered a personal privilege to the holder and the term of the license or permit is for one year unless sooner revoked. When a valid license or permit is determined to be part of the estate of a deceased holder, the administrator or executor of the estate may exercise the privilege of the deceased under the license or permit until the expiration of the license or permit. ---PAGE BREAK--- Page 9 of 9 The term of a license or permit may be less than one year if specified by the licensing authority to coincide with the annual date or dates set by the authority for consideration of license and permit issuance, renewals and transfers. A licensing authority issuing a license or permit for a term less than one year shall pro-rate the annual fee accordingly. Any licensee not attempting to renew a newly issued pro-rated license or permit valid for one year shall not be eligible for any license or permit authorized under this title for a period of two years after the expiration date of the pro-rated license or permit. ---PAGE BREAK--- City of Douglas Liquor License Inventory # of Licenses Lic. No. Licensee Type of License Location Owner RETAIL - 13 Licenses Available (Effective 2/28/11 after 2010 Census) Population 6120 1 1 The Waterhole Retail 811 S 9th St. Mentor Corp 2 3 Plains Trading Post Retail 528 E. Richards St. H-4-U, Inc. 3 5 The LaBonte Bar Retail 206 Walnut St. Roundrock Entertainment, LLC 4 6 College Inn Bar Retail 103 N. 2nd St. College Inn Bar, Inc. 5 7 Sunset Liquor Retail 1117 W. Yellowstone Hwy Sunset Liquor, Inc. 6 8 Northgate Liquor & Lounge Retail 711 N. 4th St. Estate of Underwood Ventures, Inc. 7 9 Double D Liquors Retail 323 E. Center St. P&Z, Inc. 8 10 White Wolf Saloon Retail 318 E. Center St. Kota, LLC 11 11 Clementine's Cattle Company Retail 1199 Mesa Dr. Hughes, Inc. 9 12 Douglas Inn & Convention Ctr Retail w/Addn'l Dispensing Area 1450 Riverbend Dr. Guru Lodging, LLC 10 14 House of Pinz Retail 116 N. 3rd St. House of Pinz, LLC 12 18 Douglas Liquor Retail 1812 E. Richards St. Douglas Liquors, LLC 13 23 The Liquor Cabinet Retail 1709 Muirfield Ct. Beggar, LLC LIMITED RETAIL (CLUB) - Unlimited 1 2 Moose Lodge #602 Fraternal Limited Retail 102 N. 2nd St. Moose Lodge #602 2 4 American Legion Vets Club Limited Retail w/Adnl Disp Area 6th & Oak St. American Legion #8 3 19 Douglas Community Club Golf Club Limited Retail 64 Golf Course Road Douglas Community Club, Inc. RESTAURANT - Unlimited 1 16 Available Restaurant 2 13 Pizza Hut #206 Restaurant 1830 Richards St. High Plains Pizza, Inc. 3 15 Four Seasons Chinese Restaurant Restaurant 1020 E. Richards St. Four Seasons 4 17 LaCosta Mexican Restaurant Restaurant 1213 Teton Way Los Espinos, Inc. 5 20 Friendz Restaurant Restaurant 120 N. 2nd St. Friendz, LLC 6 22 The Depot Restaurant 100 W. Walnut St. The Depot, LLC RESORT - Unlimited None BAR & GRILL - 2 License Available (2nd License Available Effective 7/1/11) 1 21 2 25 1 24 MICROBREWERY - Unlimited Headstrong Brewery Microbrewery 126 N. 3rd St. Headstrong, LLC updated December 1, 2014 ---PAGE BREAK--- ARTICLE 2 PUBLIC RECORDS 16-4-201. Definitions. As used in this act: "Custodian" means the official custodian or any authorized person having personal custody and control of the public records in question; (ii) "Official custodian" means any officer or employee of the state or any agency, institution or political subdivision thereof, who is responsible for the maintenance, care and keeping of public records, regardless of whether the records are in his actual personal custody and control; (iii) "Person in interest" means the person who is the subject of a record or any representative designated by the person, except if the subject of the record is under legal disability or is the dependent high school student of his parents, "person in interest" means the parent or duly appointed legal representative; (iv) "Political subdivision" means every county, city and county, city, incorporated and unincorporated town, school district and special district within the state; "Public records" when not otherwise specified includes any information in a physical form created, accepted, or obtained by the state or any agency, institution or political subdivision of the state in furtherance of its official function and transaction of public business which is not privileged or confidential by law. Without limiting the foregoing, the term "public records" includes any written communication or other information, whether in paper, electronic, or other physical form, received by the state or any agency, institution or political subdivision of the state in furtherance of the transaction of public business of the state or agency, institution or political subdivision of the state, whether at a meeting or outside a meeting; (vi) Public records shall be classified as follows: "Official public records" includes all original vouchers, receipts and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, ---PAGE BREAK--- use and disposition of all public property and public income from all sources whatsoever; all agreements and contracts to which the state or any agency or subdivision thereof is a party; all fidelity, surety and performance bonds; all claims filed against the state or any agency or subdivision thereof; all records or documents required by law to be filed with or kept by any agency or the state of Wyoming; and all other documents or records determined by the records committee to be official public records; "Office files and memoranda" includes all records, correspondence, exhibits, books, booklets, drawings, maps, blank forms, or documents not defined and classified in subparagraph of this subsection as official public records; all duplicate copies of official public records filed with any agency of the state or subdivision thereof; all documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with the office; and all other documents or records, determined by the records committee to be office files and memoranda. (vii) Repealed By Laws 2012, Ch. 74, § 2. (viii) "This act" means W.S. 16-4-201 through 16-4-205; (ix) "Application" means a written request for a public record. However, a custodian may in his discretion deem a verbal request to be an application; "Information" means opinions, facts, or data of any kind and in whatever physical form kept or maintained, including, but not limited to, written, aural, visual, electronic or other physical form. 16-4-202. Right of inspection; rules and regulations; unavailability. All public records shall be open for inspection by any person at reasonable times, during business hours of the state entity or political subdivision, except as provided in this act or as otherwise provided by law, but the official custodian of any public records may make rules and regulations with reference to the inspection of the records as is reasonably necessary for the protection of the records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office. ---PAGE BREAK--- If the public records requested are not in the custody or control of the person to whom application is made, the custodian or authorized person having personal custody and control of the public records shall notify the applicant within seven business days from the date of acknowledged receipt of the request of the unavailability of the records sought, unless good cause exists preventing a response within such time period. In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed. If the public records requested are in the custody and control of the person to whom application is made but are in active use or in storage, and therefore not available at the time an applicant asks to examine them, the custodian or authorized person having personal custody and control of the public records shall notify the applicant of this situation within seven business days from the date of acknowledged receipt of the request, unless good cause exists preventing a response within such time period. In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed. If a public record is readily available, it shall be released immediately to the applicant so long as the release does not impair or impede the agency's ability to discharge its other duties. If a public record exists primarily or solely in an electronic format, the custodian of the record shall so inform the requester. Electronic record inspection and copying shall be subject to the following: The reasonable costs of producing a copy of the public record shall be borne by the party making the request. The costs may include the cost of producing a copy of the public record and the cost of constructing the record, including the cost of programming and computer services; (ii) An agency shall provide an electronic record in alternative formats unless doing so is impractical or impossible; (iii) An agency shall not be required to compile data, extract data or create a new document to comply with an electronic record request if doing so would impair the agency's ability to discharge its duties; ---PAGE BREAK--- (iv) An agency shall not be required to allow inspection or copying of a record in its electronic format if doing so would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained; Nothing in this section shall prohibit the director of the office of homeland security from enacting any rules pursuant to his authority under W.S. 19-13-104(d)(v). 16-4-203. Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions. The custodian of any public records shall allow any person the right of inspection of the records or any portion thereof except on one or more of the following grounds or as provided in subsection or of this section: The inspection would be contrary to any state statute; (ii) The inspection would be contrary to any federal statute or regulation issued thereunder having the force and effect of law; or (iii) The inspection is prohibited by rules promulgated by the supreme court or by the order of any court of record. The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Records of investigations conducted by, or of intelligence information or security procedures of, any sheriff, county attorney, city attorney, the attorney general, the state auditor, police department or any investigatory files compiled for any other law enforcement or prosecution purposes; (ii) Test questions, scoring keys and other examination data pertaining to administration of a licensing examination and examination for employment or academic examination. Written promotional examinations and the scores or results thereof shall be available for inspection, but not copying or reproduction, by ---PAGE BREAK--- the person in interest after the examination has been conducted and graded; (iii) The specific details of bona fide research projects being conducted by a state institution; (iv) Except as otherwise provided by Wyoming statutes or for the owner of the property, the contents of real estate appraisals made for the state or a political subdivision thereof, relative to the acquisition of property or any interest in property for public use, until such time as title of the property or property interest has passed to the state or political subdivision. The contents of the appraisal shall be available to the owner of the property or property interest at any time; Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the agency; (vi) To the extent that the inspection would jeopardize the security of any structure owned, leased or operated by the state or any of its political subdivisions, facilitate the planning of a terrorist attack or endanger the life or physical safety of an individual, including: Vulnerability assessments, specific tactics, emergency procedures or security procedures contained in plans or procedures designed to prevent or respond to terrorist attacks or other security threats; Building plans, blueprints, schematic drawings, diagrams, operational manuals or other records that reveal the building's or structure's internal layout, specific location, life and safety and support systems, structural elements, surveillance techniques, alarms, security systems or technologies, operational and transportation plans or protocols, personnel deployments for airports and other mass transit facilities, bridges, tunnels, emergency response facilities or structures, buildings where hazardous materials are stored, arenas, stadiums and waste and water systems; Records of any other building or structure owned, leased or operated by the state or any of its political subdivisions that reveal the building's or structure's life and safety systems, surveillance techniques, alarm or security ---PAGE BREAK--- systems or technologies, operational and evacuation plans or protocols or personnel deployments; and Records prepared to prevent or respond to terrorist attacks or other security threats identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities or laboratories established, maintained, or regulated by the state or any of its political subdivisions. (vii) An application for the position of president of an institution of higher education, letters of recommendation or references concerning the applicant and records or information relating to the process of searching for and selecting the president of an institution of higher education, if the records or information could be used to identify a candidate for the position. As used in this paragraph "institution of higher education" means the University of Wyoming and any community college in this state. If the right of inspection of any record falling within any of the classifications listed in this section is allowed to any officer or employee of any newspaper, radio station, television station or other person or agency in the business of public dissemination of news or current events, it may be allowed to all news media. The custodian shall deny the right of inspection of the following records, unless otherwise provided by law: Medical, and sociological data on individual persons, exclusive of coroners' verdicts and written dockets as provided in W.S. 7-4-105(a); (ii) Adoption records or welfare records on individual persons; (iii) Personnel files except those files shall be available to the duly elected and appointed officials who supervise the work of the person in interest. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and ---PAGE BREAK--- employees are not considered part of a personnel file and shall be available for public inspection; (iv) Letters of reference; Trade secrets, privileged information and confidential commercial, financial, geological or geophysical data furnished by or obtained from any person; (vi) Library, archives and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of the contributions; (vii) Hospital records relating to medical administration, medical staff, personnel, medical care and other medical information, whether on individual persons or groups, or whether of a general or specific classification; (viii) School district records containing information relating to the biography, family, physiology, religion, academic achievement and physical or mental ability of any student except to the person in interest or to the officials duly elected and appointed to supervise him; (ix) Library patron transaction and registration records except as required for administration of the library or except as requested by a custodial parent or guardian to inspect the records of his minor child; Information obtained through a 911 emergency telephone system or through a verification system for motor vehicle insurance or bond as provided under W.S. 31-4-103(e) except to law enforcement personnel or public agencies for the purpose of conducting official business, to the person in interest, or pursuant to a court order; (xi) Records or information compiled solely for purposes of investigating violations of, and enforcing, internal personnel rules or personnel policies the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (xii) Information regarding the design, elements and components, and location of state information technology security systems and physical security systems; ---PAGE BREAK--- (xiii) Records or information relating to individual diagnoses of contagious, infectious, communicable, toxic and genetic diseases maintained or collected by the Wyoming state veterinary laboratory as provided in W.S. 21-17-308(e); (xiv) Information concerning an agricultural operation, farming or conservation practice, or the land itself, if the information was provided by an agricultural producer or owner of agricultural land in order to participate in a program of the state or any agency, institution or political subdivision of the state. The custodian shall also deny the right of inspection to geospatial information maintained about the agricultural land or operations. Provided, however, that if otherwise permitted by law, the inspection of the information described in this paragraph shall be allowed in accordance with the following: The custodian may allow the right of inspection when responding to a disease or pest threat to agricultural operations, if the custodian determines that a threat to agricultural operations exists and the disclosure of information is necessary to assist in responding to the disease or pest threat as authorized by law; The custodian shall allow the right of inspection of payment information under a program of the state or of any agency, institution or political subdivision of the state, including the names and addresses of recipients of payments; The custodian shall allow the right of inspection if the information has been transformed into a statistical or aggregate form without naming: Any individual owner, operator or producer; or (II) A specific data gathering site. The custodian shall allow the right of inspection if the disclosure of information is pursuant to the consent of the agricultural producer or owner of the agricultural land; As used in this paragraph: "Agricultural operation" means the production and marketing of agricultural products or livestock; ---PAGE BREAK--- (II) "Agricultural producer" means any producer of livestock, crops or dairy products from an agricultural operation. (xv) Within any record held by an agency, any income tax return or any individual information derived by the agency from an income tax return, however information derived from these documents may be released if sufficiently aggregated or redacted so that the persons or entities involved cannot be identified individually; (xvi) Except as required in a contested case hearing, any individual records involved in any workers’ compensation claim, however information derived from these documents may be released if sufficiently aggregated or redacted so that the persons or entities involved cannot be identified individually. If the custodian denies access to any public record, the applicant may request a written statement of the grounds for the denial. The statement shall cite the law or regulation under which access is denied and shall be furnished to the applicant. Any person denied the right to inspect any record covered by this act may apply to the district court of the district wherein the record is found for any order directing the custodian of the record to show cause why he should not permit the inspection of the record. If, in the opinion of the official custodian of any public record, disclosure of the contents of the record would do substantial injury to the public interest, notwithstanding the fact that the record might otherwise be available to public inspection, he may apply to the district court of the district in which the record is located for an order permitting him to restrict disclosure. After hearing, the court may issue an order upon a finding that disclosure would cause substantial injury to the public interest. The person seeking permission to examine the record shall have notice of the hearing served upon him in the manner provided for service of process by the Wyoming Rules of Civil Procedure and has the right to appear and be heard. Notwithstanding any other provision of this section, the following applies to the Wyoming natural diversity database located at the University of Wyoming and any report prepared by the custodian from that database: ---PAGE BREAK--- The custodian may charge a reasonable fee for searching the database and preparing a report from that database information. The interpretation of the database in a report shall not contain recommendations for restrictions on any public or private land use; (ii) The custodian shall allow the inspection of all records in the database at a level of spatial precision equal to the township, but at no more precise level; (iii) Research reports prepared by the custodian funded completely from nonstate sources are subject to paragraph (b)(iii) of this section; (iv) Any record contained in the database pertaining to private land shall not be released by the University of Wyoming without the prior written consent of the landowner. Nothing in this paragraph prohibits the release of any information which would otherwise be available from any other information source available to the public if the original source is cited. 16-4-204. Right of inspection; copies, printouts or photographs; fees. In all cases in which a person has the right to inspect and copy any public records he may request that he be furnished copies, printouts or photographs for a reasonable fee to be set by the official custodian. Where fees for certified copies or other copies, printouts or photographs of the record are specifically prescribed by law, the specific fees shall apply. Nothing in this section shall be construed as authorizing a fee to be charged as a condition of making a public record available for inspection. If the custodian does not have the facilities for making copies, printouts or photographs of records which the applicant has the right to inspect, then the applicant shall be granted access to the records for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the records are in the possession, custody and control of the custodian thereof and are subject to the supervision of the custodian. When practical the copy work shall be made in the place where the records are kept, but if it is impractical to do so, the custodian may allow arrangements to be made for this purpose. If other facilities are necessary the cost of providing them shall be paid by the person desiring a copy, printout or photograph of the records. The official ---PAGE BREAK--- custodian may establish a reasonable schedule of time for making copies, printouts or photographs and may charge a reasonable fee for the services rendered by him or his deputy in supervising the copying, printing out or photographing as he may charge for furnishing copies under this section. After July 1, 2003, any fees or charges assessed by a custodian of a public record shall first be authorized by duly enacted or adopted statute, rule, resolution, ordinance, executive order or other like authority. All state agencies may adopt rules and regulations pursuant to the Wyoming Administrative Procedure Act establishing reasonable fees and charges that may be assessed for the costs and services set forth in this section. The department of administration and information shall adopt uniform rules for the use of state agencies establishing procedures, fees, costs and charges for inspection, copies and production of public records under W.S. 16-4-202(d)(i), 16-4-203(h)(i) and 16-4-204. 16-4-205. Civil penalty. Any person who knowingly or intentionally violates the provisions of this act is liable for a penalty not to exceed seven hundred fifty dollars ($750.00). The penalty may be recovered in a civil action and damages shall be assessed by the court. Any action pursuant to this section shall be initiated by the attorney general or the appropriate county attorney. ---PAGE BREAK--- DOUGLAS CEMETERIES DOUGLAS PARK CEMETERY With the addition of three acres in 2002, the Douglas Park Cemetery has a total of 22 acres developed with another 15 acres available for future expansion. There are currently approximately 6,029 of the over 11,100 spaces in use. For a resident of the City of Douglas, the purchase price of a space is $150.00; for out of county residents, the cost of a space is $200.00. For each lot purchased, there is a $50.00 perpetual care fee assessed, and these monies are placed in a special fund; the revenue from this fund is only used for the purpose of perpetuating the care, maintenance, and upkeep of municipal cemeteries. Purchasers of cemetery spaces are also required to pay for all recording fees. The City Clerk is responsible for maintaining all records concerning the purchase of spaces and burial records. Administrative Services assists the Clerk with these responsibilities. Additional information regarding our municipal cemetery can be found in the Douglas Municipal Code, Chapter 12.24. PIONEER CEMETERY The Pioneer Cemetery is maintained north of the City of Douglas, off Highway 59. It is an historic cemetery established in 1886 for the community of Antelope, Douglas’s predecessor. The cemetery served both communities until the establishment of the Douglas Park Cemetery in 1902. The burials there present a fascinating view into the difficult times experienced by the area’s early settlers. The Historic Preservation Commission has expended a great deal of effort on protecting the site’s unique history in recent years. ---PAGE BREAK--- Community Development Department Community Development Director – Clara Chaffin Building Official - Steve McBride Planner I - Vacant Planning Technician – Sherri Mullinnix Code Compliance Officer – Ralph Hancock Planning & Zoning Commission Board of Adjustments ---PAGE BREAK--- Community Development Director - - 1 - - CITY OF DOUGLAS POSITION SPECIFICATION Revised January 2008 TITLE: COMMUNITY DEVELOPMENT DIRECTOR CLASS CODE: 1600 GENERAL DESCRIPTION: Responsible to plan, coordinate, direct and oversee the planning and community development functions of the City; to coordinate assigned activities with other city departments and outside agencies; and to provide highly responsible and complex administrative support to the City Administrator and members of the City Council. SUPERVISION EXERCISED/ACCOUNTABILITY: Works under the general direction of the City Administrator, who reviews work for effectiveness and conformity with established standards and City policy. Exercises direct supervision over employees of the Community Development Department. MAJOR TASKS: (Any position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this classification.) Manages all Community Development Department services and activities, including planning, zoning, subdivision development, annexations, historic preservation, growth management and downtown redevelopment for conformance with City regulations; recommends revisions to, and administers approved policies and procedures; ensures enforcement of all City planning and development rules and regulations. Provides leadership in the implementation of a proactive and progressive planning function, and in building partnerships with other governmental entities and private sector developers to meet anticipated challenges with projected demands for the community’s housing and business sector. Interacts with community groups, citizens and businesses concerning planning and development issues; analyzes zoning requirements and policies and makes recommendations for needed revisions; oversees development projects involving long- range planning for the community and the region; participates in city management discussions regarding planning issues. Confers with the City Administrator on administrative matters and policies pertinent to planning, building and housing programs; attends Council meetings, conducts public hearings on departmental issues, and makes reports as directed; advises Planning Commission, Board of Adjustments and Historic Preservation Commission on planning related matters; confers with, advises and directs subordinates on technical problems in all areas of responsibility. Maintains compliance with federal, state and local laws; directs the revisions to and implementation of the City’s comprehensive land use plan, including community ---PAGE BREAK--- Community Development Director - - 2 - - development and infrastructure planning, municipal and building codes, and other related activities. Represents the City by responding to the public, City Council, employees, and others in a prompt, professional, and courteous manner while continuously maintaining a positive customer service demeanor. Plans, directs and coordinates the department work plan; schedules and assigns projects and programmatic areas of responsibility; administers, reviews and evaluates the activities and performance of staff under direct supervision; encourages and provides for staff training and professional development; interprets city policies and procedures for staff; works with staff to develop short and long term goals, and monitors accomplishments; provides coaching and feedback for performance improvement and development. Formulates, and oversees, the development of the annual department budget, and approves and controls budget expenditures. MINOR TASKS: Maintains professional networks and attends training sessions and conferences as necessary to advance skills and keep abreast of issues and practices in all areas of responsibility. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly. Applies for and administers grant programs as directed. Performs other related duties as required. KNOWLEDGE AREAS: Considerable knowledge of: • economic, geographic and demographic factors involved in municipal planning and community development; • federal, state and local laws including applicable municipal ordinances and codes that include zoning codes, subdivision regulations, fair housing codes, construction standards and methods, and other planning/development specifications and standards; • principles and practices of planning, basic design and construction standards and methods, and codes, ordinances, regulations and standards governing City projects; • basic budgetary principles and practices; • research methodology and statistics; • principles and techniques of public relations; • management methods and techniques. ---PAGE BREAK--- Community Development Director - - 3 - - SKILL/ABILITY AREAS: Possess skills in: • the application of knowledge areas as described above; • review and analysis of plans to determine compliance with codes and standards; • operation of tools and equipment needed and used for carrying out duties of position; And have the ability to: • plan, organize, and direct the activities of the department; • communicate effectively in both written and oral form, including speaking before large groups; • distinguish political sensitivities and inter-relationships in the local community and adjust operations accordingly; • identify and respond to community and City Council issues, concerns and needs; • work cooperatively with local leaders, organizations and the media on community development and redevelopment issues; • establish and maintain effective working relationships with employees, contractors, other governmental agencies and the public; • interpret, apply, explain and enforce applicable codes, laws, regulations, policies and procedures with firmness, tact and impartiality; • provide effective leadership to subordinate personnel and develop cooperative working relationships with employees, senior management, elected officials, and the public. SPECIAL CONDITIONS OF WORK: The majority of this job is performed in an office environment. The noise level in the work area is typical of most office environments, with numerous interruptions and background noise. Work is also performed in various meeting settings in offices, conference rooms and other public areas. Occasional travel includes local and regional meetings, and visits to work sites. This position may require evening and weekend work. Must sign non-disclosure agreement. LEGAL REQUIREMENTS: Valid Wyoming Driver's License. RECOMMENDED PREPARATION FOR EMPLOYMENT: Completion of college course work at the Bachelor’s level in urban planning or closely related field, plus three years of progressively responsible planning and community development experience (administrative, managerial, planning, zoning, community development), or any combination of education, training and work experience which provides the required skill sets to perform the essential functions of the job. Other training and experience will be evaluated for relevance to assignments in this position class. ---PAGE BREAK--- PLANNING & ZONING 101 WYOMING ASSOCIATION OF MUNICIPALITIES 2012 A HANDBOOK FOR MUNICIPAL ELECTED OFFICIALS ---PAGE BREAK--- Wyoming Association of Municipalities Th is brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting fi rm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com Before beginning, plan carefully. Marcus Tulius Cicero, Roman statesman and orator (106-43 BC) ---PAGE BREAK--- Planning & Zoning 101 1 Planning 2 Why planning? 2 Master Plans 3 What goes into the Master Plan? 4 What is a Major Street Plan? 5 Violations 6 Zoning 6 Th e dreaded word Why do we zone Purpose and administration How zoning works What are overlay districts? Legal basis for zoning in Wyoming Th e importance of public input Enforcement actions Th e Board of Adjustment Appeals to the Board of Adjustment Meetings, procedures, records Powers and duties/limitations Appeals to rulings Zoning administration and the law Private covenants Changing times What is the link between planning and Table of Contents ---PAGE BREAK--- Wyoming Association of Municipalities 2 PLANNING WHY PLANNING? Th e conscious design of cities and towns is a practice as ancient as civilization itself. Greek and Roman cities were well-planned and built with great engineering skills. Th e earliest American plans refl ected some of these ancient roots and ranged from simple gridiron settlements to the visionary designs of Philadelphia and Washington, D.C. Uncontrolled growth and development of an area can create many problems for a community. It can result in a lack of space for needed facilities, costly rebuilding of inadequate infrastructure, and unnecessary health and safety hazards. Th e solution of such problems lies in the development and execution of good plans. To most of us, planning conveys the idea of preparing for the future. Within the context of local government, planning and plans can have a variety of meanings. Th e “planning process” generally includes the following stages: 1. Establishment of basic goals and vision. Th is involves asking questions such as: Do we want to grow? Where do we want to grow? Do we want to be a center for high-tech industry? Do we want to be a walkable community? 2. Public input and involvement is critical in order to end up with a plan that truly refl ects the goals and values of the entire community. Without the ---PAGE BREAK--- Planning & Zoning 101 3 Always plan ahead. It wasn’t raining when Noah built the ark. Richard Cushing, novelist MASTER PLANS At the broadest level is the comprehensive or land use plan, often referred to as a “master plan.” A comprehensive plan will start with an inventory of the infrastructure, economy, population, existing land uses, and other physical factors of the community. Th e purpose of the comprehensive plan is to guide and achieve a coordinated and harmonious development of a municipality which will best promote the general welfare of that community. W.S. §15-1-501 through §15-1-512 address “planning” and defi ne what a comprehensive plan is. Th e statutes allow for (but do not require), a planning commission. Cities and towns are free to establish the number and terms of planning commission members as well as the procedures for meeting. All members are appointed by the mayor. input of its citizens, local government cannot have a true understanding of community values and needs. Focus groups, surveys and other public engagement processes should be used throughout the planning process. For more information on citizen engagement, please see the WAM companion brochure - “Beyond the Public Hearing - Tools for Better Public Engagement.” 3. Study and analysis. Analysis of demographics, population trends, economics, public facilities or services and land use of the area is performed. 4. Preparation of the plan. A plan or policy is prepared for the community as a whole or for a segment of it. It is a basic statement of how the community will develop, in what direction, and perhaps at what pace. 5. Implementation. To carry out plans, tools such as zoning ordinances, subdivision regulations, annexation regulations and development guidelines are established. 6. Monitoring and feedback. Th is step determines how well plans and policies are being carried out. ---PAGE BREAK--- Wyoming Association of Municipalities 4 Th e “master plan” (aka “comprehensive plan” aka “growth policy plan”), is discussed in W.S. §15-1-503. Th is section contains the word “shall” as in, “the planning commission, after holding public hearings, shall adopt and certify to the governing body a master plan for the physical development of the municipality.” Th e input and concurrence of county commissioners and/or the county planning commission is required if the plan involves any land outside the city limits. Because many of the problems of growth transcend city limits and cannot be solved by municipal action alone, Wyoming law expressly authorizes cities and towns to cooperate with other units of government in carrying out any of their legal powers, privileges, duties, or functions. Th is cooperation can be informal or subject to resolution, ordinance, or other written agreement. If is by written agreement, the parties can create a “joint powers board” to carry out the undertaking. (W.S. §16-1-101 through §16-1-109) WHAT GOES INTO THE MASTER PLAN? Th ere is a statutory list of items to be included in a community’s master plan (W.S. §15-1-503): 1. Recommendations for the development, general location, character and extent of streets, bridges, parks, waterways, public places, etc.; 2. General location of public buildings and public property; 3. General location and extent of public utilities, including water, sewer, power, natural gas, sanitation, transportation, communication and other utilities; 4. Transportation corridors, which includes ways to add or improve streets and public rights-of-way, including bicycles, pedestrians, airports and waterways; 5. Zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises, and of population density; A hundred years after we are gone and forgotten, those who never heard of us will be living with the results of our actions. - Oliver Wendell Homes U.S. Supreme Court justice ---PAGE BREAK--- Planning & Zoning 101 5 6. General location, character, layout and extent of community centers and neighborhood units; and 7. General character, extent, and layout of the re-planning of blighted districts and slum areas. In order to prepare a master plan, comprehensive surveys and studies of existing conditions and probable future growth must be conducted. Th e plan can be adopted as a whole or in parts as they are developed. Parts must correspond to the items listed for inclusion above. Th e planning commission itself adopts the plan by resolution (as opposed to most actions of the planning commission which are advisory and recommendations to the governing body in nature). Th e governing body then also adopts the comprehensive plan. Following adoption of a master plan, no development may be constructed unless it conforms to the plan or unless the plan is amended to allow conformance. WHAT IS A MAJOR STREET PLAN? Th e planning commission may also adopt a major street plan, which will result in an offi cial map of existing streets and planned locations for future streets within the community. Placing a street on a major street plan does not of itself create that street as an accepted public right-of- way by the municipality. However, no permit may be issued for any development that encroaches into any proposed or existing street right-of- way on the major street plan unless so ordered by the Board of Adjustment. Any subdivision plat fi led must be approved by the governing body and in conformance with the plan and no transfer or sale of land may occur within any area covered by the master ---PAGE BREAK--- Wyoming Association of Municipalities 6 plan unless the land has been properly subdivided. VIOLATIONS Violations of planning statutes may result in fi nes, injunctions, abatement or other appropriate action deemed necessary by the governing body or the court. ZONING THE DREADED WORD! Nothing strikes fear and loathing into property rights advocates more than the simple six-letter word - “zoning!” But it doesn’t need to be a dirty word! Zoning is the most widely used technique for controlling land use and development. At the heart of most of today’s land use issues lies the concept of zoning, which traditionally addressed legally separating land uses to protect residential areas from hazardous or unattractive industries. Th e zoning code is the most important of the many tools a community can use to regulate land use and development. WHY DO WE ZONE? Zoning seeks to protect public health, safety and welfare by regulating the use of land and controlling the type, size and height of buildings. Some goals of early zoning codes were to prevent overcrowding and limit incompatible uses. Goals of modern zoning codes include transit- oriented development, pedestrian- friendly commercial corridors, and preservation of the historic fabric of neighborhoods. Th e fi rst zoning code was developed in 1916 in New York City. It was written after buildings being constructed would cover up the windows of neighboring buildings and block out sunlight. Zoning was implemented to prevent this in the future. Th e constitutionality of zoning laws was established by the U.S. Supreme Court In our profession, a plan that everyone dislikes for diff erent reasons is a success. A plan everyone dislikes for the same reason is a failure. And a plan that everyone likes for the same reason is an act of God. - Richard Carson Pacifi c Northwest planner and writer ---PAGE BREAK--- Planning & Zoning 101 7 in the landmark 1926 case Village of Euclid, Ohio vs. Ambler Realty Co. Since that time, the majority of cities and towns in the United States have adopted zoning codes to regulate land uses. PURPOSE AND ADMINISTRATION Zoning codes exist for the following general reasons: • To implement the goals, objectives, and policies of the Comprehensive Plan. • To safeguard public health, safety, and welfare by ensuring the orderly development of land and land uses. • To identify responsibilities and procedures for administration of the zoning ordinance. • To provide for relief from the zoning ordinance where literal application would cause practical diffi culty or unnecessary hardship to property owners. • To establish procedures for amendments to the zoning ordinance. HOW ZONING WORKS Th ere are three types of codes regulating building and development: construction codes (building, mechanical, plumbing, etc.); property maintenance codes (nuisance abatement and code compliance); and land development codes (zoning, platting, and subdivision development standards). Th is brochure addresses zoning codes. A zoning ordinance typically consists of two parts - a map and the written ordinance. Th e map illustrates how a jurisdiction is divided into diff erent use districts or zones. Th e most common zone districts include residential, commercial, industrial, and agriculture. Residential districts are often broken down into zones for single-family and multi-family dwelling use types. Similar sub-zones are created for commercial and industrial zones based on intensity of use. Th e zoning map shows the precise boundaries of the various zoning districts. Th e district boundaries typically correspond to property lines, streets, or natural physical boundaries (rivers, mountains, etc.). Th e zoning map shows where the various zoning district activities may take place such as ---PAGE BREAK--- Wyoming Association of Municipalities 8 commercial, residential, and industrial zoned areas. Th e zoning district must be consistent with and implement the comprehensive plan land use map category. Th e zoning code or ordinance serves several functions. It lists the land uses permitted in each zoning district as a: • Matter of right - A use allowed in the zone without further review and without any other limitations other than density and setback requirements. An example would be a single-family residence allowed in a low density residential district. • Conditional use - A use that would become harmonious or compatible with neighboring uses through the application of qualifying conditions. An example would be a day care center in a low density zone provided hours of operation and parking issues are addressed; and, • Prohibited use - A use not allowed in a particular zoning district under any circumstances. A slaughterhouse would be prohibited in a low density residential district under any condition. Th e code establishes bulk regulations for each district such as maximum allowed building height, minimum required building setbacks from property lines, maximum allowed site coverage, and minimum required off -street parking. Th e code establishes development standards for special uses such as day care centers, mobile home parks, and the keeping of animals. It also contains sign regulations to promote uniform standards for the location of signs and to promote aesthetics. Th e code may also contain environmental standards to provide for the protection and conservation of signifi cant natural resources. To promote orderly and effi cient patterns of new development, the zoning code also establishes the minimum standards for the subdivision of land including onsite improvements, stormwater control, utilities, and recording of plats. We do make a diff erence one way or the other. We are responsible for the impact of our lives. Whatever we do with whatever we have, we leave behind us a legacy for those who follow. - Stephen Covey ---PAGE BREAK--- Planning & Zoning 101 9 WHAT ARE OVERLAY DISTRICTS? Th e Overlay District is a planning tool used to supplement current zoning classifi cations. Overlay districts have their own standards and criteria that must be followed in addition to the existing zoning requirements. Overlay districts have been used to impose development or design restrictions in specifi c locations. Sample overlay districts include: • Urban Design Overlay District • Historic Overlay Districts • Preservation Overlay • Airport Compatible Use Overlay LEGAL BASIS FOR ZONING IN WYOMING W.S § 15-1-601 through § 15-1-611 addresses municipal zoning authority. Governing bodies, by ordinance, may regulate and restrict the: • Height, number of stories and size of buildings and other structures; • Percentage of lot that may be occupied; • Size of yards, courts and other open spaces and setback lines for various districts; • Density of population; and • Location and use of buildings, structures and land for various purposes (commercial, industry, residential). Th e governing body may divide the municipality into districts (zones) and regulate and restrict development within these districts. All regulations must be uniform for each class or kind of buildings within a district, but the regulations in one district can diff er from those in a diff erent district. All zoning regulations must be made in accordance with a comprehensive plan and be designed to: • Lessen congestion in the streets; • Secure safety from fi re, panic and other dangers; • Promote health and general welfare; • Provide adequate light and air; • Prevent the overcrowding of land; • Avoid undue concentration of population; • Facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements. ---PAGE BREAK--- Wyoming Association of Municipalities Zoning codes must also give reasonable consideration to the character of the district and its suitability for particular uses and consider the conservation of the value of buildings by encouraging the most appropriate use of land throughout the community. Cities and towns may also give consideration to the historic integrity of neighborhoods. THE IMPORTANCE OF PUBLIC INPUT Public hearings and public notice are required for any zoning action, including the drafting of a zoning code, an amendment to said code, or the designation or changing of a zoning district. Fifteen days’ notice of a public hearing must be provided. If 20% or more of the owners of the lots included in a proposed zone change, or 20% of those within 140 feet of the area proposed for change object, the change must receive at least a 3/4 vote of the governing body in order to pass. ENFORCEMENT ACTIONS If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of a zoning code or ordinance or other regulation made under its authority, the proper authorities of the city or town, in addition to other remedies prescribed by ordinance, may institute any appropriate action to prevent the violation; the occupancy of the building, structure or land; or any illegal act, conduct, business or use in or about the premises. THE BOARD OF ADJUSTMENT A Board of Adjustment is the appeals body for a zoning decision made by a municipal offi cial. Th e board shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative offi cial charged with the enforcement of any zoning ordinance or provision. Th e mayor, with the consent of the governing body, may appoint a board of adjustment (which can be the planning commission). Th e board must consist of not less than fi ve nor more than seven members. Each member shall be appointed for a term of three years, except that the initial appointments shall be two for one year; two for two years; and the remaining member or members for three years. (W.S. § 15-1-605) 10 ---PAGE BREAK--- Planning & Zoning 101 Th e governing body may remove any board member for cause upon written charges after public hearing. Vacancies shall be fi lled for the unexpired portion of a term. APPEALS TO THE BOARD OF ADJUSTMENT • Any aggrieved person or any offi cer, department, board or bureau of the city or town aff ected by any decision of the administrative offi cer may appeal to the board of adjustment. Th e appeal must be taken within the reasonable time specifi ed in the rules of the board. • An appeal is taken by fi ling a notice of appeal with the offi cer who took the action being appealed and the board of adjustment. Th e notice must specify the grounds for the appeal. • Th e offi cer whose action is being appealed must send the complete record of the action to the board. • An appeal suspends the action taken unless the offi cer concerned certifi es to the board of adjustment that, because of facts stated in the certifi cate, the suspension in his opinion would cause imminent peril to life or property. If that occurs, the action taken by such offi cer can be stayed only if the district court grants a restraining order. BOARD OF ADJUSTMENT: MEETINGS, PROCEDURE, RECORDS Board meetings are quasi-judicial proceedings, meaning oaths are administered and witnesses compelled to attend if necessary. All board meetings are open to the public and detailed minutes and votes are kept. Th e board also keeps records of its examinations and other offi cial actions. All minutes are public records and are fi led in the board’s offi ce. Th e Board of Adjustment is required to set a reasonable time for hearing an appeal, give public notice, adequate notice to the parties in interest and decide the appeal within a reasonable time. Any party may appear in person at a hearing or by agent or attorney. 11 ---PAGE BREAK--- Wyoming Association of Municipalities POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT; LIMITATIONS Th e Board of Adjustment hears and decides special exemptions to the terms of the ordinance, and varies or adjusts the strict application of any of the requirements of any zoning ordinance adopted in the case of any physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. Th e Board’s powers are very closely defi ned. No adjustment in the strict application of any provision of an ordinance may be granted unless: 1 Th ere are special circumstances or conditions, fully described in the board’s fi ndings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance; 2 For reasons fully set forth in the board’s fi ndings, the circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof, and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and 3 Th e granting of the adjustment is in harmony with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Th e Board of Adjustment may grant exceptions and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of at least fi ve years in violation of local ordinance and the city or town has not taken steps toward enforcement. It may then (by majority vote), reverse or affi rm wholly or partly the order, requirement, decision or determination as necessary, but no power exercised shall exceed the power or authority vested in the administrative offi cer from whom the appeal is taken. 12 ---PAGE BREAK--- Planning & Zoning 101 APPEAL OF BOARD OF ADJUSTMENT RULING Th e decision of the board may be reviewed by the district court as provided in statute. Th ere is no appeal to the governing body. ZONING ADMINISTRATION AND THE LAW Zoning is a basic power of the state and its political subdivisions to protect the health, safety, morals, and general welfare (police power). Regulations must bear a reasonable and substantial relationship to health, safety, morals, and general welfare. Th ere must be a reasonable basis for designating areas diff erently. Zoning should cover the entire jurisdiction and it must be reasonable as it applies to property. Th ere are a number of legal challenges to zoning provisions that can create red fl ags for a municipality. Legal counsel is recommended to guard against violations of First Amendment freedom of speech and expression and other legal challenges in drafting zoning codes in the following areas: • Big Box Retail that single out specifi c businesses such as “No Wal- Marts are allowed in any zone” would violate the law. • Sign ordinances that restrict the content of a sign based upon its location. • Exclusionary zoning that completely excludes a legitimate use or specifi c group of people from the community or an area (tattoo parlors or sexually-oriented businesses or low- income families). Th e municipality must show that any exclusion is substantially related to the promotion of public health, safety and welfare. • Extraterritorial jurisdiction is the legal authority for a municipality to exercise jurisdiction for specifi c purposes, including zoning or subdivision regulations, outside of the incorporated municipal limits. Any such extension may require the approval of the external territory (such as the county), or with a legal authority that covers both territories (statutory authority from the state). • Spot zoning - where the government singles out a small portion of land and classifi es it diff erently from the surrounding properties, for the sole benefi t of the land owner and to the detriment of surrounding owners. Spot zoning will almost always be prohibited by law. 13 ---PAGE BREAK--- Wyoming Association of Municipalities • Taking - No regulation is valid if it constitutes an unconstitutional taking without compensation. Th e Fifth Amendment to the U.S. Constitution (and the 14th Amendment which applied that provision to states), provides that private property cannot be taken for public use without just compensation. Courts have found that zoning or other regulatory acts may amount to an unconstitutional taking. For example, if a governmental entity zones historically zoned residential property for non-developable airport clear space and prohibits the owner from making any other use of it, the government has eff ectively “taken” the right of the property owner to use the property for residential purposes without compensation. Any existing residential structures become “non- conforming uses.” • Non-conforming uses - Buildings, structures or uses of land that were existing at the time of the enactment of a zoning code which do not conform to the regulations of the district in which it is located are called non-conforming uses. Typically, non-conforming uses may be continued as long as alterations are not made to the building or structure, no extensions or enlargement to the nonconforming use are made, or changes to another non-conforming use are not made. In the above example, the existing homes would be allowed to exist as long as homes are not removed, replaced with larger structures or compensation provided to remove the structures. PRIVATE COVENANTS Restrictive covenants are private land use controls included in the chain of title of property. A valid covenant restricts the use of the property against which it is recorded and is enforceable by a limited group of persons - usually landowners in the same subdivision. It is important to understand that covenants have no eff ect whatsoever on zoning and that zoning has no eff ect whatsoever on covenants. In general, local government has no power to enforce covenants. Have a plan. Follow the plan, and you’ll be surprised how successful you can be. Most people don’t have a plan. Th at’s why it’s is easy to beat most folks. - Paul “Bear” Bryant, football coach, University of Alabama’s Crimson Tide 14 ---PAGE BREAK--- Planning & Zoning 101 CHANGING TIMES Th e idea of what is “good” zoning has changed drastically over time. Th e original purpose of zoning was created in an era where cities were still overcrowded centers of industrialization. Offi cials decided it was improper to be housing residents next door to smoky, polluting factories, so they created zoning to separate these uses and restrict where housing could be placed and where industry could be placed. As a result, diff erent uses were always placed singly and separately from each other in diff erent parts of the city. Forward to the 21st century and planners’ ideas have very much changed. Today, planners often promote mixed-use development and form-based zoning regulations that focus land use regulations towards creating more livable communities. It became clear in some cases that separating uses was actually not benefi cial to cities. Having retail in one area, housing in transportation in yet another part and offi ce parks somewhere else is what led ultimately to sprawl, dependency on automobiles and the decentralization of cities. When people can’t easily get between all the places they need to get in the course of a day in one trip or cannot reach it easily from their home, the form of city living is forced to change. Mixed- use development recognizes that there is no reason these uses can’t all be together, provided it is done correctly. Why not be able to walk from home to a center where there is shopping, a transportation hub, school, a park, and perhaps even one’s offi ce? A planned unit development (PUD), involves a mixture of single-family residences, duplex or townhomes, apartments, some commercial and institutional uses and, occasionally, some industry. Part of the appeal of a PUD lies in the emphasis on planning. Traditional zoning regulates development lot-by-lot. Th e fl exibility built into PUD controls can be achieved only if a larger tract is planned and developed as a unit. Since the developer owns all of the land in a project, the developer has an incentive and opportunity for better planning. Form-based codes focus on building form as it relates to streetscape and adjacent uses rather than the uses themselves. Form-based codes will 15 ---PAGE BREAK--- Wyoming Association of Municipalities allow for a mixture of land uses based on the context of the building form. Compatibility of use is achieved through design and orientation, instead of strict land use separation. Where conventional zoning focuses on use and development of an individual lot, form-based codes focus on the role that individual buildings serve in shaping the public streetscape. Form-based codes rely on design concepts and patterns intended to preserve the assets of a community, creating more livable environments and spaces. WHAT IS THE LINK BETWEEN PLANNING AND ZONING? Th e comprehensive plan is a guide that outlines the vision, policies and goals of the community over the long-range. It outlines general development types and land uses. Th e zoning code is a regulation tool that implements the Comprehensive Plan’s policies through provisions for requirements, enforcement, penalties, and incentives. Th e zoning code outlines specifi c zoning districts. Zoning is one tool used by a community to implement a comprehensive plan, how and where a community is planned to grow, and at what densities are programmed into the zoning regulations. Zoning keeps the land use equation consistent, allowing the development of community facilities and services to be consistent with the plan for their development, thus ensuring adequate facilities for the public. 16 ---PAGE BREAK--- Planning & Zoning 101 Goals set in the comprehensive plan are implemented by zoning. Zoning can: • Preserve natural features; • Promote infi ll and mixed use development; • Impose design standards; and • Ensure communities reach land use goals established in the Comprehensive Plan. Th e comprehensive plan is a statement of policy; a guide to decision makers and a legal document. Planning should generate local pride and enthusiasm about the future of the community; engage the interest of citizens in implementing the plan; and provide a guide to everyday decision-making for use by local government offi cials and other community leaders. “Smart Growth” is a code word for whatever the user of this term wants to achieve concerning metropolitan development. Yet diff erent users of the term have totally diff erent goals, so “smart growth” can mean almost anything. In spite of its diverse and often confl icting meanings, all parties superfi cially endorse “smart growth” because it is clearly superior to the alternative: “dumb growth.” - Anthony Downs, writer 17 ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] It may seem paradoxical to hold that a policy of building restriction tends to a fuller utilization of land than a policy of no restriction; but such is undoubtedly the case. Th e reason lies in the greater safety and security to investment secured by defi nite resources. - Edward M. Basset, lawyer and father of zoning ---PAGE BREAK--- Controlling & Abating Nuisances Wyoming Association of Municipalities November 2012 A Handbook for Municipal Elected Officials ---PAGE BREAK--- Wyoming Association of Municipalities This brochure was prepared by the Leadership Training Services Board under contract with Community Builders, Inc. a Wyoming-based consulting firm - Bobbe Fitzhugh and Joe Coyne, principals - www.consultCBI.com Nuisance = somthing that annoys others ---PAGE BREAK--- Controlling & Abating Nuisances 1 What is a What makes a nuisance an “attractive” Authority to regulate & abate Enforcement responsibility - the Code Enforcement Methods of nuisance Voluntary Notice to Correction of abatement by Right of entry to inspect private Record Types of Animal Farm animals & Wild or exotic Vehicle Junk Vehicle repair on private Too many parked Dangerous or unfit buildings, dwellings & Refuge for rats General debris, trash, Property maintenance & Nuisances on public Noise Environmental Controlling & Abating Nuisances ---PAGE BREAK--- Wyoming Association of Municipalities 2 Introduction When people talk about quality of life, they envision quiet, well-maintained neighborhoods, an attractive downtown, pleasing entry ways and a safe and clean environment. A nuisance ordinance is one of the most effective tools that communities have to protect their quality of life and to ensure public health, safety and welfare by regulating and governing the conditions and maintenance of property within a community. Dilapidated buildings, tall weeds, accumulation of trash and junk create visual blight. This has a negative effect on the neighborhood and its property values. A proactive stance on nuisance abatement not only helps keep a community attractive, it also plays a role in economic development efforts and reduction in crime. Finding ways to encourage property owners to cooperate in maintaining their property plays a key role in controlling nuisances. Through a combination of programs like weed and seed, targeted clean-ups and beautification programs, communities can move beyond a complaint driven code enforcement approach to a more proactive enhancement and development approach. Public nuisances create an ongoing problem for local governments and run the gambit from barking dogs, noxious weeds, excessive noise or dangerous buildings. Nuisance abatement is a way to use building codes, fire codes, zoning codes, etc. to improve the quality of life and resolve life safety issues in a community. This brochure defines nuisances, discusses the statutory powers available to abate nuisances and provides information on methods of enforcement. What is a Nuisance? The term “nuisance”, means literally annoyance; in law, it signifies, according to Blackstone, “anything that worketh hurt, inconvenience or damage.” So, a nuisance is something that annoys others. The unlawful use may involve an action (discharging fireworks in the city limits), or failing to take action (cutting or removing noxious weeds from property). The term “public nuisance” covers a wide variety of minor crimes that create an unreasonable interference with a right common to the general public. A public nuisance must interfere with the public as a class, not merely one ---PAGE BREAK--- Controlling & Abating Nuisances 3 person or group of citizens. Common nuisances include accumulation of garbage, debris and junked vehicles; failure to remove of snow and ice from sidewalks, or failure to eliminate weeds, rodents and insects, animals, unsanitary conditions, and dilapidated structures. What Makes a Nuisance an “Attractive” Nuisance? No, this doesn’t refer to a pretty field of dandelions! An “attractive” nuisance is a specific nuisance that might reasonably be expected to attract children and constitute a danger to them. Such things as refrigerators stored outside with doors and latches, abandoned or inoperative vehicles, inadequate fencing around construction sites, and unsecured excavations will be classified as attractive nuisances. Authority to Regulate and Abate Nuisances Wyoming State Statute 15-1-103 (xix) gives cities and towns the power to “declare and abate nuisances and impose fines upon parties who create, continue or permit nuisances to exist.” As with many municipal law issues, it is necessary to balance the interest of the general public against the landowners’ right to decide the use of their property. Abate and abatement are the legal terms used to describe the process for putting an end to, or terminating the nuisance. In order for a municipality to regulate (and abate) nuisances, it first must adopt an ordinance or code identifying what constitutes a nuisance. The local ordinance will usually include a list of specific activities or conditions that constitute a nuisance. Enforcement Responsibility - The Code Enforcement Officer Having a staff person or department responsible for the enforcement of nuisance regulations can be beneficial. It allows a jurisdiction to address nuisance problems comprehensively, promotes accountability, and directs public contact to a single location. Enforcement responsibility should be assigned to a diligent, motivated employee with good people skills. Being consistent, impartial and unbiased are absolutely essential. ---PAGE BREAK--- Wyoming Association of Municipalities 4 Ideally, the code enforcement officer should be a building inspector or fire marshal and preferably someone that carries a badge and can issue citations. In practice, the responsibility for handling nuisance complaints varies. It may rest with the building department, the public works department, the community development department or the police department. A 2007 statutory change authorizes the position of “special municipal officer” with power to enforce nuisance ordinances. Additional assistance to a community in enforcing nuisances may be a county health officer or sanitarian. Methods of Nuisance Abatement Most nuisance code enforcement programs are complaint driven. Complaints typically result in an inspection and warning letter to the violator, followed by a notice of citation if action to correct the violation has not been taken by the property owner. If the violator still has not taken care of the problem within the period of time specified in the complaint, an official abatement proceeding is usually begun. As an alternative to traditional abatement proceedings, voluntary agreements have been included in some nuisance abatement provisions. Except for nuisances that may present an imminent danger, the level of nuisance code enforcement is a policy issue usually dependent on funding, staffing and the level of community concern. Some communities actively monitor and enforce their nuisance codes. Others only deal with nuisances when they become a serious health or safety threat. ---PAGE BREAK--- Controlling & Abating Nuisances 5 Violators may be punished by a fine, or they may be required to remove a nuisance or pay the cost of its removal. For example, a property owner may be required to reimburse the city for the cost of mowing weeds. Voluntary Abatement The most desirable abatement comes with voluntary cooperation of the public to help abate nuisances. Convincing someone to take care of his or her problem is the most cost effective way to deal with any nuisance. Notice to Abate Generally, the code compliance officer or other designated official is responsible for issuing notices or citations. Notices should always be in writing; should include a description of the property sufficient for identification; should include a statement of the violation and why the notice and order is being issued; and allow reasonable time to bring the premises or structure into compliance. A notice should be either delivered personally or sent by certified mail to the last known address; or, it can be posted in a conspicuous place on the premises affected by the notice. This last method of public posting often has the added advantage of public pressure upon the property owner to abate the nuisance. Citations When offenders don’t comply voluntarily, the next step may be to issue a citation. Citations are most effective when there are clear violations of particular ordinances or the violator’s conduct is particularly non-responsive. A municipal judge can issue a judgment providing for a daily fine of a prescribed amount (up to $750 in Wyoming) for each day that a person allows a nuisance to continue after the court has ordered the property owner to abate the nuisance. Injunction Injunction is a drastic remedy that is used only when the damage or threat of damage is irreparable and not satisfactorily compensable by monetary damages. ---PAGE BREAK--- Wyoming Association of Municipalities 6 Correction or Abatement by Municipality If the owner or agent in possession of the property neglects or refuses to comply with a nuisance abatement order, the municipality may wish to take action to correct or abate the nuisance and charge the cost of correction or abatement to the owner through invoicing, collection agency action or by filing a lien on the property. Right of Entry to Inspect Private Property A nuisance abatement code should include provisions authorizing designated officials to enter premises at reasonable times to investigate or inspect the property, subject to owner’s permission. Consensual searches are always preferable and do not require a warrant. Where permission cannot be obtained it is necessary to get a warrant for entering property. A warrant is generally not needed for a nuisance that is located in plain view, such as in an open front yard. Record Keeping Complete and accurate records are essential to an effective abatement program. This includes all correspondence, notices and phone calls relating to the property. Photographs are crucial for documenting the visual impacts of a particular nuisance problem. Types of Nuisances Animal Nuisances Among the most difficult problems faced by local officials is the regulation and control of animals. Animal nuisance problems can be addressed through a combination of zoning, licensing, and special animal control regulations. Zoning provides the ---PAGE BREAK--- Controlling & Abating Nuisances 7 standards for the kinds, numbers and conditions for the keeping of animals in various zones. Animal control ordinances address a variety of potential problems, including animals running at large, noise problems and dangerous animals. Community standards vary as does the level of enforcement. Dogs Barking dogs and dogs at large problems are probably the most common source of animal-related nuisance complaints. In most cases the parties involved are able to take care of the problem without intervention. However, in cases where there is a recurring problem, a nuisance ordinance allows officers to warn, and, if necessary, cite the offending pet’s owner. Many nuisance and animal control ordinances have provisions that require pet owners to properly dispose of animal wastes. Failing to do so interferes with the public’s use of sidewalks, parks and other public areas and can create unsanitary conditions on public and private property. “Pooper scooper” provisions make the pet owner or person having charge of the animal responsible for removing wastes deposited by the animal on public or private property. Farm Animals and Livestock The keeping of farm animals is usually controlled through zoning regulations that specify the types of animals allowed, maximum numbers, minimum lot sizes, setbacks, and other similar controls. Nuisance controls include keeping animals off public property, limiting noise and odors, ensuring humane living conditions and protecting the environment. Wild or Exotic Animals Poisonous or venomous biting or injecting amphibians or reptiles, including snakes are logically regulated as a nuisance and may be prohibited by state or local law. Prohibiting the keeping of big game animals, exotic and invasive species, fur bearing animals, game bird, predatory animal, protected animal, small game animal, trophy game animal, or wildlife can also be regulated under a nuisance code or state and federal law. ---PAGE BREAK--- Wyoming Association of Municipalities 8 Vehicle Nuisances There are several types of typical vehicle nuisances including junk vehicles, parking of unlicensed or inoperable vehicles on public streets, and parking vehicles in inappropriate locations. Junk vehicles Junk vehicles can threaten the character and safety of neighborhoods, causing visual blight, creating an attractive nuisance for children and ultimately affecting property values. Nuisance ordinances are commonly adopted to mitigate or remove junk vehicles. It is important to define what a junk vehicle is in any ordinance. This typically will include some degree of inoperability. Generally, a municipality will regulate how many unlicensed vehicles can be stored in the open on private property. Vehicle Repair on Private Property Through zoning, vehicle repair activities can be limited in residential areas to keep them from becoming commercial activities. Requiring such work to be completed within an enclosed structure; and/or limiting the number of vehicles can prevent vehicle repair from becoming a nuisance. Too Many Parked Cars A common practice is to prohibit the parking of vehicles on lawns or front yards outside of designated driveways. Some jurisdictions limit or prohibit the parking and storage of recreational vehicles (boats, trailers, motor homes) on public streets in residential neighborhoods. Such parking is especially problematic during the winter when snow and ice removal are made more difficult if large trailers are parked on the street. A proactive stance on nuisance abatement not only helps keep a community attractive, it also plays a role in economic development efforts and reduction in crime. ---PAGE BREAK--- Controlling & Abating Nuisances 9 Dangerous or Unfit Buildings, Dwellings and Structures A municipality may wish to regulate dangerous, dilapidated or unfit buildings that present a threat to the public health, safety and welfare of the community. One of the best tools a municipality can use is adoption of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials. This code provides legal steps to abate dilapidated, defective buildings which endanger life, health, property, and public safety. Once a building meets the criteria as a “dangerous building” under this Code, the property owner is served notice to either repair the structure according to the current building codes, or demolish the structure within a set period of time. Refuge for Rats Prohibited! Cleanliness of the interior and exterior of occupied buildings and structures can also be regulated. The public expects that neighborhoods be free from areas that attract insects and rodents and other infestations that threaten the public health, safety or welfare of the community. Often, the community’s public health officer can be brought in to assist with a determination of a building deemed unfit for human habitation. General Debris, Trash, Garbage The general accumulation of garbage, refuse or debris on private property is also a common nuisance abatement item included in a nuisance abatement code. This could include pamphlets or flyers that are scattered about, food waste, piles of wood or metal debris and the like. Property Maintenance and Vegetation Vegetation control is another common nuisance issue. Tall or noxious weeds may create a fire hazard, safety or health hazard, or they may attract vermin on the property. Usually a nuisance code will prohibit certain noxious weeds outright and limit the height (10” is a good standard), of any weeds on property. Trees or bushes can be declared public nuisances if they interfere with travel or access to fire hydrants or other public ---PAGE BREAK--- Wyoming Association of Municipalities 10 facilities. Encroachment into alleys and sidewalks, or blocking traffic signs may be prohibited. Nothing on a corner lot should be allowed to interfere with drivers’ ability to see approaching traffic. Nothing should interfere with overhead power or telecommunication lines or with underground lines of any type. Building code provisions concerning handrails, stairs, decks, overhead extensions, etc. can also be classified within a nuisance abatement code. Nuisance codes also prohibit placing household appliances outside where they can create an attractive nuisance. Communities must be careful about regulating or “aesthetically unpleasing” property. Unless it meets the test of affecting the health, safety or welfare of the public, an ordinance requiring “pretty” probably won’t stand up in court, at least under a nuisance abatement code. Some neighborhoods are covered by covenants that address appearance issues. These are strictly private contractual arrangements. A city has no role in their enforcement. Nuisances on Public Property Owners may be required to remove snow or ice from public sidewalks adjacent to private property and may be prevented from placing plowed or shoveled snow onto adjacent streets. The code should clearly specify that owners or agents are responsible for all premises under their control, including adjacent publicly owned right-of-way. Property owners may be responsible for maintenance of parkway areas that are within the public right-of-way. ---PAGE BREAK--- Controlling & Abating Nuisances 11 This would include the alley directly behind their home. The trimming of tree branches that obstruct views or endanger adjacent property would also be the property owner’s responsibility. Acts that interfere with public travel and create public safety hazards can also be considered to be nuisances. This includes things such as panhandling, assemblies, and , camping on public property without a permit, etc. To avoid constitutional issues, the nuisance ordinance must include an element of specific intent to block another person’s passage or to cause a vehicle to take evasive action. Parade permits or other permits requiring registration in order to assemble on public property are issued to prevent obstruction of sidewalks and streets. Again, the public’s right to peaceably assemble must be balanced with the public inconvenience and safety. Noise Nuisances Disturbances caused by barking dogs, loud mufflers, car stereos or chain saws, are among the most common sources of neighborhood complaints. Noises that annoy, disturb or endanger and one’s health, peace and safety could qualify as nuisances. Noise control provisions that use a decibel-based standard or a more subjective “public disturbance noise” provision can work to keep noise levels to a manageable level in a community. The advantage of a decibel-based code is the ability to use an objective standard to measure noise sources. However, not all communities have the equipment or can afford the training necessary to enforce this type of code. A subjective noise code may prohibit people from causing any public disturbance noise that “unreasonably disturbs or interferes with the peace, comfort and repose” of others. The risk is that these subjective noise ordinances may be vulnerable to legal challenge. Environmental Nuisances Stagnant water, open sewers, privies or other collections of discharge liquids that are noxious, become foul, offensive or injurious to the public health should be prohibited. Standing water in places such as buckets or tires create breeding grounds for mosquitoes and other insects and can be regulated. ---PAGE BREAK--- 12 Wyoming Association of Municipalities Many nuisance ordinances contain provisions aimed at air quality issues such as open burning, smoke, dust and offensive odors. Debris should be confined to a construction area through fencing, litter control, wind control and dust abatement measures. Excessively bright outdoor lighting and glare also present opportunities for nuisances. Property maintenance regulations are an essential tool for persuading property owners to maintain their property. Most individuals, when notified of a violation, will comply with a directive to abate the nuisance. A little friendly persuasion usually goes a long way but sometimes additional enforcement tools are necessary in order to keep a community clean, safe and healthy. Appropriate regulations consistently enforced protect property values for all owners and strengthen the local economy. Individuals and businesses are willing to invest and improve their properties when they have confidence that community standards will be maintained. ---PAGE BREAK--- Controlling & Abating Nuisances 13 A nuisance ordinance is one of the most effective tools that communities have to protect their quality of life and to ensure public health, safety and welfare by regulating and governing the conditions and maintenance of property within a community. ---PAGE BREAK--- Leadership Training Services Wyoming Association of Municipalities 315 West 27 Street Cheyenne, WY 82001 email: [EMAIL REDACTED] website: www.wyomuni.org Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] ---PAGE BREAK--- FEDERAL EMERGENCY MANAGEMENT AGENCY The State of Wyoming belongs to FEMA Region VIII, which also includes Colorado, Montana, Utah, and North and South Dakota. The City has placed all FEMA information on our website at www.cityofdouglas.org , including links to various informational websites and a number of downloadable brochures. Information and access to Elevation Certificates is also available on this page. The City of Douglas is always working on ways to improve and increase its circulation of and accessibility to information that pertains to the floodplain, in an effort to better educate and assist its citizens about developing and living in the floodplain. The City of Douglas participates in the National Flood Insurance Program (NFIP) and the Insurance Services Office Community Rating Service Program (ISO CRS). The City is currently rated at a Class 8 which benefits the community with a discount on their flood insurance premium for residents located in Special Flood Hazard Areas. All FEMA and related topics are handled through the Community Development Department. ---PAGE BREAK--- Police Department Police Chief Admin. Secretary Lieutenant Sergeants •Patrol Officers Lieutenant Dispatchers Clerk of Municipal Court ---PAGE BREAK--- Police Dept. Overview Page 1 of 15 DOUGLAS POLICE DEPARTMENT INTRODUCTORY DOCUMENT STATUTORY & CASE LAW FOUNDATION The Douglas Police Department is duly organized and authorized to function as a municipal law enforcement agency based on established ordinance (Chapter 2.16.), City of Douglas Municipal Code. The position of Chief of Police and the associated powers, as well as those of the officers under his/her control, are defined in (Chapter 2.24.) of the City of Douglas Municipal Code. In addition, various functions, authorities and jurisdictional issues are regulated and controlled by federal and state case law and regulatory statutes. These controls are exemplified both internally and externally. Examples of internal issues controlled by regulations and laws are those that apply to training and records management. The Wyoming Peace Officer Standards and Training Commission (P.O.S.T.) is a regulatory organization composed of the Attorney General and six members appointed by the Governor. The P.O.S.T. Commission establishes requirements for all peace officer and dispatcher hiring, training and certification in the state. All officers and dispatchers must become certified within an established period of time after hire, and thereafter must maintain their certification through P.O.S.T. approved training. Records release issues are strictly regulated by Federal and State Privacy and Security Acts and Freedom of Information Acts. Review of just two illustrations of external controls would include, at the very least, adherence to United States Code 1983 as it applies to Civil Rights, (officers who deprive persons of their constitutional rights are liable for redress in a court action or suit), and on a state level as observed in State v. Stahl, No. 91.267 (Wyo, 10/13/92), which establishes the boundaries in which city police officers have arrest authority and under what conditions that authority may be extended. The United States and Wyoming Constitutions and subsequent case laws provided in Supreme Court decisions provide controls for our day-to-day operations. When enforcement issues such as Use of Force, Search and Seizure and Speedy trial are addressed in court cases, our operating procedures must change to comply with the court decisions. Additionally, our employment practices are regulated and subject to change by state and federal legislation. The Americans with Disabilities Act (ADA) establishes regulations concerning hiring and access for disabled individuals; OSHA regulates every aspect of the work environment for safety procedures; and the Fair Labor Standards Act (FLSA) governs our policy for accrual and payment of overtime; all derive their authority and application from constantly changing interpretation of the courts. ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 2 of 15 BUDGETARY BREAKDOWN The Police Department budget is separated into four divisions: Administration, Patrol, Support Services and Special Projects. The Administration budget covers the Chief of Police and Administrative Assistant salaries and administrative expense. The Patrol budget covers the salaries of 1 Lieutenant, 3 Sergeants, 1 Investigator and 10 Officers and the Community Service Officer, as well as all of the operating, training, equipment and supplies for the Patrol Division operations. The Support Services budget covers the salaries of the Support Services Lieutenant, 5 full-time Dispatchers and the Records/Municipal Court Clerk, as well as telephone services, repairs & maintenance and equipment for the Communications operations. The Municipal Court budget is separate, and covers the judge’s salary and supplies for court functions. The School Resource Officers’ salaries and the Juvenile Diversion Program are budgeted in the Police Special Projects section. This fiscal year (2014/2015), the police department received a budget of $2,451,700, with an additional budget of $294,535 in Police Department Special Projects, where we receive approximately half of the funding for the projects from other sources. Those projects include: The School Resource Officer Program (2 officers), which is supported by Converse County School District #1 and the City in equal shares, after funding for a large portion of one SRO’s salary is received from a Department of Justice COPS grant. Underage Enforcement Programs, which are funded by Wyoming Department of Health and NHTSA grants administered through the Wyoming Sheriff’s and Chief’s Association, include funding for alcohol compliance checks, tobacco compliance checks and underage drinking enforcement watches. We also receive NHTSA funding through the Wyoming Department of Transportation (also administered by the Wyoming Association of Sheriffs & Chiefs) for the purpose of conducting special speed enforcement, seat belt enforcement and DUI enforcement. We receive Law Enforcement Terrorism Prevention Activity (LETPA) grant funds through the Wyoming Office of Homeland Security for specific projects or training that help to prepare our agency and community to detect, prevent or respond to terrorist activity. The Juvenile Diversion Program is a Police Department Special Project that was initiated using grant funding; however, when grant funding expired the City opted to keep the program and fund it from the General Fund. Although operating costs are difficult to establish due to the extensive amount of equipment needed and variable depreciation rates, the following figures are rough estimates based on this year's budget. It would also be prudent to note that the building maintenance and heating and electric costs for the police department area are not included in the department budget and, consequently, are not taken into account for the estimates. Basic telephone line charges and communications equipment and leases are included in our budget. However, wireless and landline E-911 equipment and line charges are included in the County 9-1-1 budget and are paid for by the surcharges ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 3 of 15 collected through telephone and cell phone bills. Our wireless E-911 system, capable of Phase I and Phase II call charting, was purchased with grant funding, and allows us to identify the cellular tower location, call back number and the GPS location of 9-1-1 calls placed from cellular phones. Communications equipment necessary for radio communications, license and criminal records checks, and records storage and retrieval has a value well over $250,000. We are often able to take advantage of grant funding to assist in keeping our communications equipment up-to-date, and our most recent upgrade of radio equipment for compatibility with the statewide WyoLink trunked radio system was provided by grant funding. Upgrades in our computer system, including the CAD (Computer Aided Dispatching) and Records programs have reduced duplication, accelerated access to files and improved report production. The original computerization of police department functions was accomplished in the 80’s using asset seizure funds acquired through a major drug arrest our officers initiated. Since that time we have been able to upgrade and maintain much of our system with grant funding. Grant funds have been obtained to help with the purchase of new teletype equipment and upgrades for the CAD/Records system in the Communications Center, as well as a new computer system for our Municipal Court. Homeland Security funding provided a mobile command post for the department which allows us to set up communications and police operations at a remote location. Our cost for maintaining the wireless phone and data capabilities for the command post is approximately $2,000.00 per year. The cost of uniforms and cleaning for each Dispatcher is approximately $900.00 per year. The approximate cost to equip an officer for duty is $12,250.00, including the weapons, ballistic vest, portable radio, portable breathalyzer, Taser, uniform, and all duty gear accessories. In addition, one squad car, equipped with a video system, radio, radar unit, lights, siren & all special equipment costs approximately $50,000.00. As previously mentioned, grant funding has substantially assisted in providing our officers with the latest equipment. All of our new WyoLink compatible portable and mobile radios for officers and vehicles were purchased with Homeland Security funding, and much of our tactical equipment has been purchased with grant funding as well. PERSONNEL The law enforcement and community services offered by the Police Department are normally carried out by twenty eight (28) full-time personnel and five contract employees, along with the assistance of two Retired Senior Volunteers who donate their time to complete vacation home and parks checks. We have three trained, certified former full-time dispatchers who work for us on a contract basis to fill the schedule as they are available, and two trained, certified former full-time officers who work for us on a contract basis to assist with Patrol schedule needs as they are available. We also have a contract Juvenile Diversion Officer who administers the Juvenile Diversion Program. The complexity of modern law enforcement requires well educated personnel. In addition to the P.O.S.T. training required for continued certification, most department employees ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 4 of 15 have college course credits, while six have Associate level degrees or above, five have Bachelor degrees or above, and one employee has a Masters Degree. RONALD CASALENDA – CHIEF OF POLICE Patrol Officer – Hired July 13, 1981 Promotion to Senior Patrol Officer – January 1, 1991 Assignment – Central Drug Enforcement Team - May 1990 – November 1991 Assignment as D.A.R.E. Officer – September 1993 Promotion to Support Services Sergeant – July 1, 2006 Interim Chief of Police – 2/5/10 – 6/21/10 and 8/20/13 – 10/14/13 Promotion to Lieutenant – December 12, 2011 Chief of Police October 14, 2013 Chief Casalenda began his career in law enforcement as a Reserve Officer for the St. Paul, Minnesota, Police Department. He moved to Douglas and accepted a position with the Converse County Sheriff’s Office as a Detention Deputy, then moved to Patrol Deputy after a year and a half. He accepted a Patrol Officer position with the Douglas Police Department after only three months of patrol with the county. Since his initial training, Chief Casalenda has completed an additional 3,014 hours of P.O.S.T. certified training and completed the Associate Degree program at Eastern Wyoming College. Chief Casalenda has completed a variety of assignments with the Douglas Police Department, including assignment with the Central Drug Enforcement Team and assignment as the department’s first D.A.R.E. Officer and the first School Resource Officer. Ron has also been a certified EMT, and provided CPR/AED training for the department and the Wyoming Law Enforcement Academy. In addition to leading our department, Chief Casalenda has been a leader for the Wyoming Law Enforcement Torch Run for Special Olympics since the 90’s, and has served as State Co-director for many years. He was inducted into the Special Olympics Torch Run Hall of Fame in 2008, in recognition of his outstanding dedication to the Torch Run and Wyoming Special Olympics. Education/Certifications Associate Degree – Criminal Justice E.M.T. Basic Certification Professional Peace Officer Certification ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 5 of 15 TODD MATTHEWS – LIEUTENANT Patrol Officer – Hired May 15, 1990 Promotion to Senior Patrol Officer – July 1, 1996 Promotion to Sergeant – July 1, 2003 Promotion to Lieutenant – December 12, 2011 Lieutenant Matthews began his career in law enforcement with the Douglas Police Department upon graduation from Central Wyoming College with an Associate Degree in Criminal Justice. Since his initial training Lieutenant Matthews has received an additional 2,033 hours of P.O.S.T. certified training in areas such as Sexual Assault Investigation, Death/Homicide Investigations, Hostage Negotiations, Advanced Weapons and Weapons Instructor Training, Field Training Officer Development, Survival Spanish, Domestic Violence Response, Tactical Response and much more. He attended Simunition Scenario Instructor training in December 2008, in preparation for conducting “Active Shooter” training on a regular basis for the department and other local agencies. Sergeant Matthews also received 200 hours of K-9 Handler training to become the department’s first K-9 Handler in 1995. Todd attended and graduated from the 242nd Session of the FBI National Academy in 2010. As the Patrol Lieutenant,Todd is the main supervisor for the Patrol Division. Education/Certifications Associate Degree – Criminal Justice Professional Peace Officer Certification WLEA Certified Firearms Instructor FBI National Academy Graduate CHAD HOLLER – LIEUTENANT Patrol Officer – Hired December 4, 1999 Promotion to Senior Patrol/Corporal - July 1, 2003 Promotion to Sergeant – December 12, 2011 Promotion to Lieutenant – May 12, 2014 Lieutenant Holler began his law enforcement career with the Douglas Police Department in December of 1999, after graduating from the University of Wyoming with a Bachelor of Science Degree in Biology. Since his initial Peace Officer Basic training, he has completed more than 1,084 hours of P.O.S.T. accredited law enforcement training. In addition to being a certified firearms instructor for the department, Lieutenant Holler completed Simunition Scenario training to prepare for conducting “Active Shooter” training for our department ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 6 of 15 and other agencies. As the Support Services Lieutenant, Chad is the main supervisor for the Communications Division, the Records/Municipal Court Clerk, the Community Service Officer, the RSVP program, the Juvenile Diversion Program and the School Resource Officers, while also assisting with Patrol supervision. Education/Certifications Bachelor Degree – Biology Professional Peace Officer Certification WLEA Certified Firearms Instructor SERGEANT RUSSELL SMITH Patrol Officer – Hired March 26, 2012 Promotion to Sergeant – February 15, 2013 Sergeant Smith came to us from Colorado in 2012, with twelve years of experience working as a police officer with agencies in Colorado. He has over 1,499 hours of P.O.S.T. accredited law enforcement training on his transcript, and was able to take the Wyoming P.O.S.T. Challenge Exam to obtain Wyoming peace officer certification. SERGEANT MATTHEW SCHMIDT Patrol Officer – Hired June 21, 2004 Promoted to Sergeant – July 14, 2014 K-9 Handler since December 2006 Sergeant Matt Schmidt joined the Douglas Police Department as a Patrol Officer in June of 2004, upon his retirement from the US Air Force after 20 years of Military Police service. He began his career with the Douglas Police Department with over 1000 hours of law enforcement training, and has completed more than 1000 hours of additional P.O.S.T. accredited training, to include Drug Recognition Expert training. Matt accepted the K-9 Handler position with drug detection dog Jet when he was purchased in December of 2006, and, except for a year and half re-assignment to another officer, Jet has worked with Matt as our drug detection team until the present ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 7 of 15 SERGEANT BRETT LARSEN Patrol Officer – Hired April 7, 2003 Promoted to Sergeant – July 14, 2014 Sergeant Brett Larsen joined the Douglas Police Department in April of 2003, with experience as a fire fighter and EMT with the ambulance. Sergeant Larsen has attended 586 hours of additional P.O.S.T. certified training since graduating from Peace Officer Basic at the Wyoming Law Enforcement Academy in August of 2003. He has received Taser Instructor training, and conducts Taser training for the department. Patrol The Patrol Division has an authorized staffing level of (18) eighteen sworn officers, which includes the School Resource Officers. Additionally, we have a Community Service Officer (CSO) who is not a sworn officer. The Patrol Division works 12- hour shifts, with a 4 days on,3 days off/ 3 days on,4days off rotation. Officers are required by the Peace Officer Standards and Training Commission (P.O.S.T.) to receive (40) hours of training every two years to maintain their certification. At this time, our Patrol Investigator position and one Patrol Officer position are vacant. We have three newly hired officers who recently completed the Peace Officer Basic course at the Wyoming Law Enforcement Academy and have begun department training with an assigned FTO (Field Training Officer) for familiarization with the City of Douglas and Douglas Police Department policies and standard operating procedures. Our Community Service Officer, Kass, responds to animal control calls, minor traffic crashes, VIN inspection requests, and various other duties as assigned. Training Officers are required to qualify with their firearms (handgun, shotgun, rifle) once per calendar year, and attend an additional two firearms training sessions within that period. Officers may also choose to attend additional training shoots from scheduled dates, but these are on their own time and without compensation. The firearms training program follows that of the Wyoming Law Enforcement Academy, and ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 8 of 15 in some cases has more stringent requirements. Lieutenants Todd Matthews and Chad Holler, and SRO Bryan Kelley are all certified firearms instructors for our department. Firearms training @WLEA range In addition to their duty weapons, officers are provided a variety of less lethal options for use of force encounters, including a Taser, expandable baton, and pepper spray. As previously mentioned, Sergeant Brett Larsen is our certified Taser instructor. When we hire an un-trained/un-certified officer, they are required to attend the next available Peace Officer Basic Course at the Wyoming Law Enforcement Academy and then complete the department’s Field Training Program. Because of the difficulty in obtaining a slot in Peace Officer Basic courses at the Academy, it can take 9 to 12 months to have a new officer trained and ready to release for solo duty. The Basic Peace Officer course through WLEA includes 520 hours of instruction, and the department’s FTO program is an additional ten to twelve weeks of hands-on training with a Field Training Officer. We currently have five officers (Lieutenant Holler, Lieutenant Matthews, SRO Kelley, Sergeant Smith and Sergeant Larsen) who are certified FTO instructors and provide routine instruction to our new officers. Occasionally we are fortunate enough to hire a certified officer from another agency in Wyoming, which requires only FTO training, or from another state, which may allow that officer to take a challenge exam from P.O.S.T. and complete our department’s FTO program. Although it is rare, hiring already certified officers gives us a big advantage in getting the schedule covered. ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 9 of 15 The Douglas Police Department incorporates the use of the “San Jose Model” of field training. The program consists of several phases of field training and evaluation. Each phase provides the foundation necessary to successfully complete the program. The recruit officer must complete each phase satisfactorily to advance to the status of “solo officer”. The goal of the program is to provide uniform and fair training and evaluation, while developing officers with the highest standards of professionalism. Our officers are provided in-house training for some basic certifications; however, advanced training must be acquired outside of our community and sometimes out-of- state. Advanced training in street survival, homicide/death investigations, sexual assault, child abuse, school safety, interview and interrogation techniques, management, and various other topics are not always provided at the Wyoming Law Enforcement Academy. As well, after a period of time tenured officers have already attended most of the courses offered at the Academy and must be provided other training to maintain P.O.S.T. certification. Attending training conferences also provides valuable networking with other agencies, which helps to keep our officers up-to-date with current trends and techniques, thus, helping us to provide the best possible service to the citizens of Douglas. It is hard to estimate the value of networking with other professionals, as the exchange of ideas and information about programs and funding opportunities (grants) have consistently opened doors to new resources that otherwise would not have been apparent to our personnel. School Resource Officers RICK DUTCHER Hired June 15, 2006 School Resource Officer Rick Dutcher was hired to come to Douglas and fill a School Resource Officer position in the Douglas schools after many years of performing as the School Resource Officer in Cody, Wyoming. Officer Dutcher came to us with 27 years of previous law enforcement experience, and currently has completed 2,414 hours of P.O.S.T. certified training. Officer Dutcher has formed a close working relationship with the school district superintendent, school principals, teachers and students. The SRO’s interact with students and staff in each of the schools within the city, not only during the school day but at the schools’ extra-curricular events as well. In responding to school related problems, our officers find themselves involved in a wide range of juvenile issues, from alcohol, tobacco and other drug use, sexual ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 10 of 15 assaults, assaults, thefts, vandalism and other criminal offenses, to behavioral issues within the classrooms and child welfare issues with students’ living environments. The School Resource Officers’ duties include presenting student courses in Alcohol and Drug Awareness, "Stranger Danger" and Pedestrian and Bike Safety and Teacher Instruction in the areas of suicide prevention, child abuse, defensive tactics and school security/safety. BRYAN KELLEY Dispatcher – Hired January 4, 1993 Patrol Officer – Hired January 2001 Promotion to Corporal – June 2004 Promotion to Sergeant – December 12, 2011 SRO Assignment – June 2014 Bryan Kelley is our newest School Resource Officer, assigned in 2014, after the City was awarded a grant from the Department of Justice, Office of Community Oriented Policing, to assist with funding the position. Officer Kelley now has an office at the Douglas Middle School, and shares the burden of handling all of the above mentioned student problems and classes and training that were becoming overwhelming for just one SRO. Bryan started his career with the Douglas Police Department as a Dispatcher, and worked his way through the ranks to Sergeant, until the time he applied for the School Resource Officer position. During the summer months when there is no school in session, the School Resource Officers conduct or participate in a number of student summer programs for “at risk youth”. The Youth Summer Programs have been very successful in developing positive police/youth relationships since initiation seven years ago. An SRO or another officer of the department usually participates in the annual Camp POSTCARD for at risk youth, which has provided great opportunities to mentor local youth as well. ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 11 of 15 K-9 Program As previously mentioned, the Police Department K-9 Drug Program was re-established in 2006, when the City Council approved the use of impact funds for procurement of a canine to assist the Patrol Division in drug interdiction. Sergeant Matt Schmidt is the K-9 Officer, and does an outstanding job of keeping up to date with the training and handling of the K-9 drug dog, Jet. Retired Senior Volunteer Patrol The RSVP program is a volunteer program through which senior citizens provide daily house checks while people are out of town and park checks for our city facilities. These dedicated volunteers also help with a variety of other projects. Juvenile Diversion Program The police department received a grant from the Wyoming Department of Health, Substance Abuse Division, in May of 2008, to start a Juvenile Diversion program. Mike Marcus was hired as the Program Coordinator, and developed the program to suit the needs of the Douglas courts and youth. Corey Davidson was later hired as the Case Manager to assist with monitoring the program participants and their progress in completing program requirements. Mike Marcus resigned earlier in the year, but Cory Davidson keeps the Diversion program going in addition to his full-time duties within the Douglas school system. The Juvenile Diversion Program is designed to provide first time offenders ages 9-16, with the opportunity to learn from their mistakes and be held accountable for their behaviors without entering the court system or having a criminal record. The program provides an alternative for Converse County judges and the County Attorney to assist young offenders in changing their habits to avoid future trouble with the law. Referred juveniles are evaluated for appropriate interventions, to include counseling, community service and a corrective thinking course. Upon successful completion of all prescribed program interventions, juveniles are discharged from the program and the legal case is dismissed. The Douglas Juvenile Diversion staff work closely with the Municipal Court Judge and Clerk and the Converse County Attorney’s Office, as they refer juveniles for participation in the program. Each juvenile referred to the program is screened to ensure they meet program requirements. Weekly Diversion staff activities include meeting with the juveniles and parents to ensure program compliance, and each participant’s school performance, community service performance and behavior are monitored as well. In addition, each participant must complete the Corrective Thinking course before being released from the program. At this time, Case Manager Corey Davidson works directly ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 12 of 15 with the referring courts and service providers and monitors the daily activities of the juveniles. Police Department Equipment The services provided by the police department require the use of a certain amount of equipment. Officers are issued a patrol unit complete with the necessary emergency equipment, to include an in-car video system and speed monitoring device. Officers are also issued portable breathalyzers, digital cassette recorders, Tasers, emergency medical kits, portable radios with collar mics, flashlights, ASP Batons, Glock 40 S&W service weapons, 12 gauge shotguns, AR 15 rifles, Stop Stick road spikes, cellular phones, and a full uniform with leather gear and hand cuffs. Additional equipment is passed from officer to officer during watch break, such as Automated External Defibrillators (AED), while electronic surveillance devices and full tactical/entry/riot response equipment are available at the department. We take considerable pride in presenting to the public and our professional counterparts a well trained, well uniformed and equipped group of law enforcement personnel, which requires that we adhere to extremely high standards of uniform and equipment maintenance. Each department member is held accountable for not only their personal issue of equipment but also shared facilities and equipment. Communications The Communications Division provides the primary answering service for the City of Douglas Police Department, and co- answering service for 9- 1-1 calls within the City of Douglas and the eastern portion of Converse County, along with cellular 9-1-1 calls for the entire county. This division is the dispatch center for the City Police Department, as well as Memorial Hospital of Converse County Ambulance Service and back-up dispatch center for the Douglas Fire Department. The communications center is operated 24 hours a day, 365 days a year. We are equipped with a Computer Aided ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 13 of 15 Dispatch (CAD) system which enables the automated information to expedite communications between the public and the field units (police, fire and rescue). All dispatchers attend the Wyoming Law Enforcement Academy for their basic certification (or are required to take the challenge exam for their certification if they are certified in another state). All dispatchers also attend training to be certified in Emergency Medical Dispatch (EMD) which allows them to provide life saving instructions to reporting individuals prior to the arrival of professional responders. When fully staffed, the Communications Division has one full-time Records/Municipal Court Clerk, five full-time operators, three part-time/contract operators and one supervisor. The Records/Municipal Court Clerk is a certified dispatcher and covers watches on the Dispatch schedule when needed. The duties of Communications personnel include: routine telephone contact with the public, walk-up contact with the public, dispatching of all emergent and non-emergent calls for service, running of registration/driver’s license checks and NCIC inquiries, entering/removing house watches/extra patrols as received and producing a printed letter for the property owner, completing press reports, and routine maintenance of the communications center/equipment. In addition, Dispatchers are assigned specific projects to maintain during their scheduled watches; each Dispatcher is assigned one or more of the following: • FTO (Field Training Officer) – as needed • Booking documentation and fingerprint cards • Bar statistics file management • STEP (Specialized Traffic Enforcement Program) statistics • REDDI (Report Every Drunk Driver Immediately) statistics • Drug arrest statistics • Wireless 911/VoIP 9-1-1 databases/printouts maintenance • Salvation Army assistance records/documentation/Reports • Intrado – wireless 9-1-1 record system maintenance. The Records/Municipal Court Clerk handles all of the Municipal Court scheduling and clerk functions for the court, which includes maintaining all court records and documentation of Municipal Court proceedings. Additionally, the Records/Court Clerk’s daily duties include: • Scanning reports • Maintaining Criminal History documentation • Maintaining juvenile records and transmitting them to the county attorney; contacting parents of juveniles when they have had police contact. • Issuing and recording Animal licenses. • Retrieval of police reports and completing records checks. ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 14 of 15 • Computer entry of warnings when received from officers • Preparing criminal histories for Probation & Parole • UCR(Uniform Crime Reporting – mandated by the State of Wyoming) • Officer statistics • Records retention • Court dispositions/maintaining municipal arrest warrants. • NCIC validations The Douglas Police Department’s Dispatch Center is one of three in Converse County that is equipped with the Reverse 9-1-1 system; this allows a law enforcement agency to immediately reach, via automated telephone message, members of a specific law enforcement agency, search and rescue unit, rural fire department, radio stations, etc. The system also allows for a communications operator to notify residents of the City or County of an issued weather warning or other hazard. RELATIONSHIPS WITH OTHER AGENCIES It is the responsibility of the Police Department to work closely with other local, state, and federal agencies and related helping professions to coordinate enforcement efforts. Our office cooperates with the Regional Drug Task Force in all drug-related investigations. We have officers assigned to local schools as School Resource Officers, which provides an avenue for dealing with juvenile problems in direct cooperation with the schools. We also cooperate fully with the FBI, BLM, ATF,INS, Secret Service and other agencies that operate in our area to uphold the law and investigate criminal activity. Our officers provide support to the County Sheriff's Office through a Mutual Aid Agreement and in turn receive support from Sheriff Deputies when needed. It is that spirit of cooperation, not only with the Sheriff's office but also with the Wyoming Highway Patrol, local fire and ambulance services, DFS, the Converse County Coalition Against Family Violence and mental health services that ensures Douglas residents of immediate and adequate response in any situation. SPECIAL PROGRAMS Community Service/Education Projects • Meth Watch Program • Special Olympics • Halloween Safety • Public Service Announcements • Bank Safety Awareness Presentations • Business Safety Presentations • Health Fair • Camp Postcard • Douglas Police Summer Youth Program • Boys State Participation 2013 Police Department tree for Special Olympics Festival of Trees ---PAGE BREAK--- Douglas Police Department Introductory Document’ October 2014 Page 15 of 15 • School District Transportation Inspections • Underage Drinking Programs – First Lady’s Initiative We are proud of our reputation as one of the finest departments in the state; it is a reflection of the community we serve. Our mission at the Douglas Police Department is to ensure the highest level of public safety while protecting the rights and dignity of those we serve with honesty, integrity, and compassion. We continue to expand our collaborative efforts with our citizens as we strive to improve the health, safety, and welfare of those who live with us in Douglas. ---PAGE BREAK--- Chief of Police Ron Casalenda Lt. Todd Matthews Sgt. Russ Smith Officer Coates Vacant Officer Officer Hand Officer Leman Sgt. Matt Schmidt Part-time Officer Carr Officer Sanders Officer Ableman Officer Zwiebel Sgt. Brett Larsen Officer Toman Officer Hachtel Officer Meagher Part-time Officer Pananasuk Lt. Chad Holler SRO Dutcher Dispatcher Wagers SRO Kelley Dispatcher G. Plumb CSO Kass Dispatcher England RSVP Dispatcher Miller Juvenile Diversion Dispatcher J. Plumb Records/Municopal Court Clerk Dispatcher Vacant Contract Disp W. Dutcher Contract Disp Schwartzkopf Contract Disp. Cathcart Admin. Asst. Annette Hilyard Patrol Investigator ---PAGE BREAK--- CITY OF DOUGLAS POSITION SPECIFICATION Adopted 9/10/90 TITLE: CHIEF OF POLICE CLASS CODE: 2100 GENERAL DESCRIPTION: PERFORMS OVERALL SUPERVISORY, ADMINISTRATIVE AND PROFESSIONAL WORK PLANNING, COORDINATING AND DIRECTING THE ACTIVITIES OF THE POLICE DEPARTMENT. (Any position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this classification). SUPERVISION EXERCISED/ACCOUNTABILITY: Works under broad policy guidance and direction of City Administrator. Exercises supervision over all Department personnel directly through subordinate supervisors in Patrol and Communications Divisions. MAJOR TASKS: Plans, coordinates, and provides overall direction for the various program activities of the department; coordinates departmental activities with overall City goals and objectives; participates in goal-setting and program development at City-wide level. Establishes Department organization including channels of authority, responsibility, and communication; revises Department organization as appropriate to maximize efficiency; coordinates development of policy and procedures for Department. Directs, instructs and counsels subordinate personnel who are supervisors in carrying out tasks requiring considerable judgment or creative effort; resolves problems and questions presented by subordinate staff regarding work processes, policies, organization or methods. Reads, examines, reviews reports prepared by subordinate supervisors or other personnel; makes corrections, adjustments, raises questions, routes back to writer or approves for routing to destination. Monitors performance of all personnel by reviewing production levels and conduct; initiates or effectuates disciplinary action against employees for breaches or infractions of policy, rules or regulations. ---PAGE BREAK--- Meets and confers with City officials, law enforcement agencies, representatives and the public on all aspects of the Department's activities; answers inquiries and complaints; provides community relations programs. Assists personnel in performance of duty in difficult or unusual situations. Monitors Department expenditures in accordance with the budget provisions; directs and participates in the preparation of the Department budget. MINOR TASKS: Provides training to subordinate workers as needed; evaluates work performance; composes written performance evaluations. Attends professional seminars, meetings and conferences to keep abreast of current trends in the field. Serves on outside agency committees and boards as assigned. Composes correspondence dealing with subject matter in ways that call for considerable discretion; judgment and negotiation authority. Performs related tasks as required. KNOWLEDGE AREAS: Extensive knowledge of modern law enforcement principles, procedures, techniques and equipment; thorough knowledge of Federal, State and Local criminal and administrative law; extensive knowledge of principles and methods of administration, including budget development and control, personnel and purchasing management. SKILL/ABILITY AREAS: Ability to exhibit imagination, initiative and problem solving capability in coping with a variety of law enforcement situations; ability to delegate responsibility and to motivate a large number of people toward a coordinated effort; ability to establish and maintain effective interpersonal relationships with employees, other departments and the public; ability to communicate effectively verbally and in writing; ability to insure compliance with standard safety practices. SPECIAL CONDITIONS OF WORK: Hazardous work conditions due to nature of duties. Must sign non-disclosure agreement. LEGAL REQUIREMENTS: Valid Wyoming Driver's License. Wyo. P.O.S.T. Certification at Professional Level. 40 hours P.O.S.T. certified hours update every two years. ---PAGE BREAK--- RECOMMENDED PREPARATION FOR EMPLOYMENT: Completion of college coursework a the baccalaureate level in Criminal Justice, Law Enforcement or related field, including training in Police Administration and three years experience at command rank with a Law Enforcement Agency. Other training and experience will be evaluated for relevance to this position class. ---PAGE BREAK--- Disaster Recovery – Telecommunications City Government Offices Initiate fan out Identify Affected Phone Lines and impact Incident Commander Designated Evaluate mobilization Of Command Post Demobilization of Incident Command Command Post Patrol/Dispatch Identify recovery Time frame Notify Qwest (Small Business) 1-[PHONE REDACTED] Dispatch Responsibilities Staffing for Incident Command Site Staffing for Current site If not evacuated Notify affected City Divisions Identify alternate Location/Phone numbers to route E-911 lines Notify National E-911 Center (Qwest) 1-[PHONE REDACTED] Test/Bring On-line Command Post Justice Radio System Phone System Identify alternate Location/Phone Numbers to Route Business Lines Contact Arrow Electric For Phone System Activation (Command Post) Mobilize Command Post Arrange to have moved To alternate site Patrol Responsibilities ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Page 1 of 8 Funding Agreement with Fire Suppression Authority FUNDING AGREEMENT BETWEEN CITY OF DOUGLAS, WYOMING AND CONVERSE COUNTY FIRE SUPPRESSION AUTHORITY 1. Parties. This Funding Agreement (hereinafter referred to as “Agreement”) is made and entered into this day of 2014, by and between the City of Douglas, Wyoming, a municipal corporation, (hereinafter referred to as “City”) whose address P.O. Box 1030, Douglas, Wyoming and the Converse County Fire Suppression Authority (hereinafter referred to as “FSA”), providing services in Douglas, Wyoming, whose address is P.O. Box 679, Douglas, Wyoming 82633. Whereas, The City is authorized by the Wyoming Joint Powers Act, Sections 16-1-101 to 16-1-110, Wyoming Statutes, to form a joint powers board to exercise certain express powers. The City has joined with the Town of Glenrock and Converse County to form the Converse County Municipal and County Joint Powers Board, State of Wyoming (“Joint Powers Board”), who has formed the Converse County Fire Suppression Authority, whose purpose is to provide fire suppression services throughout Converse County, Wyoming. Whereas, the FSA provides support and/or services to the members of the public within the City and the City Council has agreed to provide public funding as outlined within the terms and subject to the conditions set out in this Agreement. NOW, THEREFORE, in consideration of the promises, Agreement and mutual covenants made herein, it is agreed by and between the City and the FSA as follows: 2. Purpose. The purpose of this Agreement is to provide FSA funding in the amount of Two Hundred Sixty Nine Thousand Twenty & 00/100 ($269,020.00) Dollars to be utilized by FSA in accordance with the terms outlined in the Agreement herein. 3. Term. This Agreement will commence on July 1, 2014, and continue in force for a period of one year until June 30, 2015. 4. Payment. 4.1. City shall pay FSA via disbursements of funds, with the last disbursement to be requested on or before June 30, 2015. At that time, there is no continuing obligation on the part of City to provide additional funding to FSA. 4.2. FSA shall submit to the Administrative Services Department a full itemized statement or invoice for payment in writing, certified to under penalty of perjury, and any other document requested by City which evidences that the performance measures under this Agreement have been achieved. Subject to this Agreement, City will pay sum to FSA within 45 days of receipt of statement or invoice and other requested documents. 4.3. Payment of funding is conditional upon each and all of the following: ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 2 of 8 4.3.01. FSA has met each and every obligation imposed under this Agreement to the satisfaction of the City including but not limited to submitting reports to the City. 4.3.02. In the event of a Default of this Agreement as outlined in Paragraph 7.17, City may withhold or suspend any payment, in whole or part, to this FSA. 4.4. Repayment of Funding: FSA must repay City if: 4.4.01. In the event of a Default or Breach of this Agreement as outlined in Paragraph 7.17, 4.4.02. If, at any time during the term of or upon expiration or termination of this Agreement, there remains an amount of funding that has not been expended or acquitted to City’s satisfaction in accordance with this Agreement, then this amount must be refunded by the FSA to City within twenty (20) business Days of a written notice from City, or dealt with as directed in writing by City. Any amount owed to City under this paragraph will be recoverable as a debt due to City without further proof of the debt. 5. Responsibilities of FSA. 5.1. FSA shall provide the following basic services: Fire suppression services to the City of Douglas during Fiscal year 2014-15. 5.2. Use of Funding. You must use the funding solely for the stated purposes; only use the funding within the funding period; and not enter into any arrangements or commitments that are incompatible or inconsistent with the purpose of the funding. 5.2.01. Allowable Uses of Funds. These funds shall be used for described services. FSA shall expend all funds received under this Agreement solely for program activities as identified in its application in accordance with eligible program costs identified below: 5.2.01(i). Direct costs (including salaries/benefits of employees assigned to the program and any services/supplies necessary for the program). 5.2.01(ii). Indirect costs (these costs are defined by federal standards and Generally Accepted Accounting Principles for the purpose of allocating allowable indirect costs to a program). 5.2.02. Unallowable Uses Of Funds. FSA shall not expend funds for: 5.2.02(i). Any costs outside the scope of the approved program; 5.2.02(ii). Personal injury compensation or damages arising out of or connected with the program; ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 3 of 8 5.2.02(iii). Fines and penalties due to violations or failure to comply with federal, state, or local laws and ordinances, and terms, provisions, conditions or commitments of this Agreement; 5.2.02(iv). Interest on bonds or other forms of indebtedness; 5.2.02(v). Any costs arising out of or attributable to the FSA’s malfeasance, misfeasance, mismanagement, or negligence; or 5.2.02(vi). “Buy out” of unused sick leave, vacation/administration leave time. 6. Special Provisions. 6.01. Records. FSA shall establish an official file for the program containing adequate documentation of all actions taken in the performance of the Agreement and maintain a system of accounts that complies with generally accepted accounting principles for government agencies. 6.02. Record Retention and Inspection. FSA shall retain financial, programmatic, client data and other service records for three years from the date of the end of the Agreement award or for three years from the date of termination, whichever is later. Authorized representatives of City, the state and/or the federal government may inspect and/or audit FSA's performance, place of business and/or records pertaining to this Agreement. 6.03. Access to Books and Records. FSA agrees to permit the City or its agents, access to any of the FSA’s books, records and accounts for the purpose of ascertaining compliance with any statutes, regulation and order, and with the terms and conditions of this Agreement. City shall follow Generally Accepted Accounting Principles or Other Comprehensive Bases of Accounting acceptable to the City in recording financial transactions. When requested by the City, FSA at its own expense shall have its annual accounting reports audited or prepared by a licensed independent accountant acceptable to the City. 7. General Provisions. 7.01. Amendments. Any mutually agreed upon changes to the terms and conditions of this Agreement shall be effective only when incorporated in written amendments to this Agreement. Any verbal agreement or conversation shall be nonbinding on the City. 7.02. Applicable Law/Venue. The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Eighth Judicial District, Converse County, Wyoming. 7.03. Compliance with Law. FSA represents and warrants that it has and shall continue to comply with all federal, state and local laws and regulations applicable to FSA’s ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 4 of 8 performance, including, but not limited to, licensing, employment and purchasing practices, wages, hours and conditions of employment. FSA warrants that it possesses current valid appropriate licensure, including, but not limited to, drivers license, professional license, certificate of tax-exempt status, or permits, required to perform the work that is performed to qualify for funding under this Funding. 7.04. Entirety of Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. 7.05. Force Majeure. Neither party shall be liable for failure to perform under this Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. 7.06. Confidentiality. FSA shall abide by any and all applicable laws governing the confidentiality of information regarding clients served under this Agreement. FSA shall: 7.06.01. Prevent unauthorized disclosure of names and other client- identifying information, except for statistical information not identifying a particular client, to anyone other than the State or federal government pursuant to State or federal law. 7.06.02. Not use client specific information for any purpose other than carrying out their obligations under this Agreement. 7.07. Independent Contractor. FSA is an independent contractor and not an agent, officer or employee of City. The parties mutually understand that this Agreement is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association with the City. As an independent contractor, FSA is not subject to the direction and control of City except as to the final result under this Agreement. Any persons employed by FSA shall be under FSA's exclusive direction, supervision and control. FSA shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharging or any other condition of employment. FSA shall assume sole responsibility for any debts or liabilities that may be incurred and for the payment of all federal, state and local taxes that may accrue in fulfilling the terms of this Agreement. Nothing in this Agreement shall be interpreted as authorizing FSA or its agents and/or employees to act as an agent or representative for or on behalf of City, or to incur any obligation of any kind on the behalf of the City. City agrees that no health/hospitalization benefits, workers' compensation and/or similar benefits available to City employees will inure to the benefit of Organization’s agents and/or employees as a result of this Agreement. 7.08. Indemnification. FSA will indemnify, hold harmless and assume the defense of the City, its officers, employees, agents and elective and appointive boards from all claims, losses, damages, including property damages, personal injury, death and liability of every kind, directly or indirectly accruing or arising as a result of or in connection with FSA’s activities in relation to this Agreement. ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 5 of 8 7.09. Assignment. FSA shall not assign this Agreement or any interest therein, or any monies received pursuant hereto, either in whole or part, to any other entity, without the prior, express, and written consent of City. Any unauthorized assignment shall be void and shall, at the option of City, act as a termination of this Agreement. 7.10. Governmental Immunity. City does not waive sovereign immunity by entering into this Agreement, and specifically retains immunity and all defenses available to it as sovereigns pursuant to Wyo. Stat. § 1-39-104(a) and all other state law. 7.11. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this Agreement shall not be construed to create such status. The rights, duties and obligations contained herein shall operate only between the parties and shall inure solely to their benefit. The provisions hereof are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties hereto intend and expressly agree that only signatories shall have any legal or equitable right to seek enforcement, any remedy arising out of a party’s performance or failure to perform any terms or conditions hereof, or to bring an action for the breach of this Agreement. 7.12. Americans with Disabilities Act. FSA shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101, et seq., and/or any properly promulgated rules and regulations related thereto. 7.13. Nondiscrimination. In rendering services under this Agreement, FSA shall comply with all applicable federal, state and local laws, rules and regulations and shall not discriminate based on age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental disability, race, religion, sexual orientation, or other protected status. 7.14. Indemnification. FSA shall indemnify, defend and hold harmless the City, and its officers, agents, employees, successors and assignees from any and all claims, demands, cause of action, lawsuits, losses, damages, costs and expenses, including attorney’s fees, arising out of or resulting from any injury to persons under this Agreement. 7.15. Kickbacks. FSA certifies and warrants that no gratuities, kickbacks or contingency fees were paid, nor were any fees, commissions, gifts, or other considerations made in connection with or contingent upon the award of this Agreement. 7.16. Liaison and Notice. FSA’s and City’s Designated Representatives. All notices arising out of, or from, the provisions of this Agreement shall be in writing and given to all parties at the addresses provided in 7.16.01 and .02, either by regular mail, facsimile, e-mail, or delivery in person. 7.16.01. City’s designated representative is the City Administrator, whose address is P.O. Box 1030, 101 N. 4th Street, Douglas, Wyoming 82633; telephone number (307) 358- 3462 and facsimile (307) 358-6447. ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 6 of 8 7.16.02. FSA’s designated representative is Rick Andrews, Chairman, whose address is 1300 E. Richards, St., Douglas, WY 82633; email: [EMAIL REDACTED]; telephone number: [PHONE REDACTED] and facsimile (307) 358-2474. 7.16.03. If notice is given by personal delivery, notice is effective as of the date of personal delivery. If notice is given by mail or through another carrier UPS or FedEx), notice is effective as of the day following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first. 7.17. Default. Any one or more of the following acts or omissions of this Agreement shall constitute an event of default hereunder (Events of Default): 7.17.01. Failure to satisfactorily perform any required task or service; 7.17.02. Failure to submit any report or provide notice required hereunder; 7.17.03. Failure to perform any other covenant or condition; 7.17.04. Failure to meet or reasonable basis by City to believe that a prescribed assurances and/or commitments outlined in this Agreement may not be met; 7.17.05. Failure to use funds in accordance with this Agreement; 7.17.06. Bankruptcy or insolvency of the FSA; or 7.17.07. Acted fraudulently or negligently or has completed an application for funding to City in a manner which could be construed as being either fraudulent, materially incorrect or materially misleading. Upon the commencement of any Event of Default, the City shall give the FSA a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice. City may upon notice, withhold payment of the funding (or any part of it) until the Event of Default is remedied. If the Event of Default is not timely remedied, the City may treat this Agreement as breached. The City shall be immediately entitled to recover all or part of the funding paid to FSA and FSA shall pay such amount on demand to the City forthwith and pursue any of its remedies at law or in equity. 7.18. Termination. This Agreement will terminate upon a breach, as defined in Paragraph 8.15 herein. Further, the Agreement will terminate upon FSA’s receipt of the total amount of funds to be disbursed under this Agreement. The Parties by mutual agreement in writing may terminate this Agreement. Unless earlier terminated, this Agreement shall automatically terminate if subsequent legislation causes this Agreement to be in conflict with any law. 7.19. Insurance. It shall be the responsibility of FSA to carry a policy of commercial general liability insurance, with liability limits in an amount of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) per ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 7 of 8 occurrence and One Million Dollars ($1,000,000.00) per occurrence for federal and out of state claims, and shall provide the City Clerk with a copy of the certificate of commercial general liability insurance for the FSA. FSA shall save and hold harmless the City and/or Assignee from any and all liability to persons for harm or injury resulting from the services performed under this Agreement. 7.20. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of this Agreement shall continue in full force and effect and either party may attempt to re-negotiate the terms affected by the severance. 7.21. Contingency. This Agreement is contingent upon the City’s approval of this Agreement and the City continuing to have sufficient funding allocated to FSA in its budget. 7.22. Signature Authority. The parties executing this Agreement certify that they have the proper authority to bind their respective entities to all terms and conditions set forth herein. 7.23. Titles Not Controlling. Titles of paragraphs are for reference only, and shall not be used to construe the language in this Agreement. 7.24. Waiver. Any failure of a party to assert any right under this Agreement shall not constitute a waiver or a termination of that right or any provision hereof. 7.25. Time is of the Essence. Time is of the essence in all provisions of the Agreement. IN WITNESS WHEREOF, the City Administrator and FSA has signed and executed this Contract, the day and year first written above. CITY OF DOUGLAS, WYOMING CONVERSE COUNTY FIRE SUPPRESSION AUTHORITY By: By: Bruce A. Jones, Mayor Its: STATE OF WYOMING ) ) COUNTY OF CONVERSE ) Before me personally appeared Bruce A. Jones, as Mayor of the City of Douglas, known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same for the purposes therein expressed this day of 2014. Witness my hand and official seal. Notary Public ---PAGE BREAK--- Agreement with Converse County Fire Suppression Authority Page 8 of 8 STATE OF WYOMING ) ) COUNTY OF CONVERSE ) Before me personally appeared as of the Converse County Fire Suppression Authority, known to me to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same for the purposes therein expressed this day of 2014. Witness my hand and official seal. Notary Public ---PAGE BREAK--- DOUGL3 VOLUNTEER FIRE DEPARTMENT CONSTITUTION I BYLAWS Thls Department shall be known as the Douglas volunteer F1re Department. 6RTI_c;:~l; lL CFFICERS Sect10n L_ OFFl~_E_f