Loading...
HomeMy WebLinkAbout966 Code of Conduct & Municode amdtORDINANCE N0.966 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING TITLES 1 AND 2 AND ENACTING CHAPTER 2.05 OF THE FIRESTONE MUNICIPAL CODE REGARDING TOWN ADMINISTRATION, BOARD OF TRUSTEES RULES OF PROCEDURE AND ENACTING A CODE OF CONDUCT WHEREAS, the Town desires to update its Municipal Code in accordance with cunent standards of municipal governance and the requirements of state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 1.04.010, Defmitions, of the Firestone Municipal Code is amended by deletion of Section 1.04.010 (F) and (N) in their entirety. Section 2. Section 2.04.060, Quorum —fines for absence or disorderly behavior, of the Firestone Municipal Code is amended to read as follows: At all the meetings of the board of trustees, four of the trustees shall constitute a quorum for the transaction of business. The mayor shall not be counted for purposes of determining a quorum. Section 3. Section 2.04.100, Motions to reconsider, of the Firestone Municipal Code is amended to read as follows. A motion to reconsider a vote shall only be made at the same meeting by a trustee who voted on the prevailing side of the vote though it maybe seconded by any trustee. Section 4. Section 2.04.110, Requests for written versions of motions or resolutions, of the Firestone Municipal Code is amended to read as follows: All motions shall be reduced to writing if required by any trustee, and when seconded and stated by the chair or read by the clerk shall be open for consideration. Section 5. Section 2.04.130, Voting requirements —committee appointments, of the Firestone Municipal Code is amended to read as follows: Every trustee present shall be required to vote on all questions, unless a trustee has a personal or financial interest other than the common public interest. A request for recusal must be made prior to the call for a vote. The Mayor shall not be counted for purposes of determining the requisite majority on any matter to be voted on by the Board. All committees shall be appointed by the presiding officer unless otherwise ordered by a majority vote of the Board, and in that case they shall be appointed by ballot. Section 6. Section 2.04.165, Application of Certain Administrative Policies and 1 Procedures to Elected and Appointed Officials, of the Firestone Municipal Code is repealed in its entirety. Section 7. Section 2.04.210, Executive Session, of the Firestone Municipal Code is repealed in its entirety and reenacted to read as follows: Executive session of the Board may be held in accordance with C.R.S. Section 24-6-402 ('th as same may be amended from time to time. Section 8. Section 2.04.220, Enforcement of rules of procedure -fine, of the Firestone Municipal Code is repealed in its entirety. Section 9. Chapter 2.05, Code of Conduct, of the Firestone Municipal Code is enacted to read as follows: Sec. 2.05.010 -Title This chapter, referenced as the "Code of Conduct," is intended to supplement the state constitution and state law and serves as the code of ethics governing the conduct of elected and appointed officials of the Town with respect to conflicts of interest and the performance of their official activities on behalf of the Town and its citizens. Sec. 2.05.020 -Purpose. A. The Board of Trustees recognizes that the holding of public office is a public trust and that public officials have a fiduciary duty to carry out the responsibilities of their office for the benefit of the Town. The Board of Trustees finds that ethical standards among its members and the members of the various boards, commissions, committees and authorities of the Town are essential to the public affairs of the Town. In pursuit of such goals the Board of Trustees adopts the following rules, regulations, standards and procedures as set forth in this Code of Conduct. B. The purpose of this Code -PO Au+ is to promote public confidence in the integrity of the Town government and to provide guidance in the event of conflicts of interest to members of the Town Board of Trustees and to the boards, commissions, committees, and other authorities operating on behalf of the Town. This chapter is further intended to foster public trust by defining the parameters of honest governments by ensuring that government decisions and policy be made in proper channels of the government structure; and by prohibiting the use of public office for private gain. C. This Code of Conduct establishes guidelines for standards of conduct by setting forth those acts or actions that are incompatible with the best interests of the Town; by directing disclosure of private, financial, or other substantial interests in matters affecting the Town; and by imposing appropriate sanctions upon elected or appointed officials who violate the provisions of this Code of Conduct. 2 Sec. 2.05.030 - Scope of coverage. The provisions of this Code of Conduct shall be applicable to all members of the Board of Trustees and all appointed members of the Town's commissi ons. ons. Sec. 2.05.040 -Definitions. As used in this chapter, the following terms shall have the following meanings, except where the context clearly requires a different meaning. "Appear on behalf of means to act as a witness, advocate, or expert, or otherwise to support the position of another person. "Board" means the board of trustees of the Town of Firestone. "Board member" means a member of the board of trustees of the Town of Firestone. "Board or commission member" means a "board member" and a "commission member" as those terms are defined in this section. "Business" means any corporation, limited liability company, governmental entity, trust, partnership, association, sole proprietorship, firm, venture, or other legal entity carrying on a business, whether or not operated for profit. "Commission" means an appointive advisory board or commission or other appointive body or authority of the Town, including, but not limited to, advisory boards, commissions, committees, and authorities created by the Board and or set forth in the Town Code. "Commission member" means a regular or alternate member of a commission. "Confidential information" means information that is not available to the general public under applicable laws, ordinances, and regulations, and which is obtained by reason of the board or commission member's position with the Town or under circumstances by which a reasonable person could anticipate that such information not be disclosed. Confidential information shall Aso include matters discussed in executive sessions; however, information otherwise available to the general public does not become "confidential" merely because it was discussed in executive session. "Conflict of interest" means a financial interest or personal interest of the board or commission member or of any relative of such member that interferes with or influences or may interfere with or influence the conduct of the duties or the exercise of the powers of the board or commission member on behalf of the Town. The term "conflict of interest" includes the restrictions set forth in section 2.05.060 of this chapter. "Contract" means an arrangement or agreement, including the bidding or negotiation process therefor, pursuant to which any material, service, or other thing of value is to be furnished to the town for a valuable consideration to be paid by the Town or is to be sold or transferred by the Town, provided the amount involved is more than one hundred dollars ($100.00). The term 3 "contract" shall include any subcontract thereof. "Day" means working days. "Financial interest" means a pecuniary, property, or commercial interest or any other interest, the primary significance of which is economic gain or the avoidance of economic loss. A "financial interest" exists with regard to real property which is owned, leased, or used by a board or commission member if it is reasonably foreseeable that an action of the board or commission member will have a special economic effect on the value or use of the real property, distinguishable from its effect on the public. A board or commission member shall be deemed to have a financial interest in a contract if the board or commission member or any relative of the board or commission member is an employee, partner, officer, director, or sales representative of the person with whom such contract is made. However, the term "financial interest" shall not include any matter involving the common public good or necessity. Nor shall the term include any matter in which a similar benefit is conferred to all persons or property similarly situated. Provided further, ownership individually or in a fiduciary capacity of any securities or of any beneficial interest in securities of a business shall not be deemed to create an "financial interest" in the business unless the aggregate amount of such securities, or interest in such securities, amounts to five percent (5%) or more of any class of the securities of the business entity then outstanding or constitutes controlling interest in the business entity. "Official act or action" means any legislative, administrative, appointive, or quasi judicial act, including inaction, of any board or commission member or of the Town board or of any commission of the Town. "Pending" means those matters before the Town for an official act or action. Such matters shall not be considered "before the Town" if no application or request for such official act or action has been filed with or received by the Town. "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. "Personal interest" shall mean a direct or indirect interest, not shared by the general public, having value peculiar to a particular board or commission member, whether or not the value is related to monetary, financial, commercial, or property matters, which value may accrue to such board or commission member or result in such board or commission member's deriving or potentially deriving a personal benefit as a result of the approval or denial of any ordinance, resolution, order, or other official action, or the performance or nonperformance thereof, by the town. Personal interest does not include any matter in which a similar benefit is conferred to all persons or property similarly situated to that of the board or commission member. "Relative" means a board or commission member's spouse, domestic partner, child, parent, brother, sister, any dependent, or any person assuming a relationship being the substantial equivalent of those listed herein. "Domestic partner" shall mean an unmarried adult, unrelated by blood, with whom an unmarried board or commission member has an exclusive, committed relationship, maintains a mutual residence, and shares basic living expenses. 0 "Town" means the town of Firestone, Colorado, a Colorado municipal corporation. "Transaction" means any contract, any sale or lease of aninterest in land, material, supplies or services, or any granting of a development right, license, permit or application. Sec. 2.05.050 -General requirements. A. Duty. All board and commission members have a duty to use their public positions to contribute to the public good. This chapter shall not preclude such persons from acting in any manner consistent with their official duties or from providing assistance or public services to anyone who is entitled to them. All board and commission members, however, also have a fiduciary duty to refrain from using their positions in any manner for personal or private gain or which is detrimental to the public good. Board and commission members must be mindful that the appearance of impropriety can be as corrosive of public confidence as an actual impropriety and must strive to avoid situations that may create an appearance of impropriety. B. State requirements. All board and commission members shall comply with all applicable provisions of Article XXIX of the Colorado Constitution (Ethics in Government) and the Colorado Revised Statutes regarding ethical conduct, including but not limited to Sections 24- 18401 et seq., C.R.S. (Standards of Conduct), Sections 2448.5401 et seq., C.R.S. (Independent Ethics Commission), and Section 3144043 C.R.S. (Disclosure of Conflict), notwithstanding the requirements of this chapter. Sec. 2.05.060 -Rules of conduct for board and commission members. A. Confidential information. 1. No board or commission member may disclose to third parties any confidential information unless authorized to do so by atwo-thirds vote of the applicable board or commission members in office, except as required by law. 2. Mn board or commission member may waive any confidence or privilege of the board or of any commission unless authorized to do so by atwo-thirds vote of the applicable board or commission members in office, except as required by law. 3. Whether or not it shall involve disclosure, no board or commission member shall use or permit the use of any confidential information to advance the personal or financial interest of himself or herself or any other person, unless such information is available to the public at large. B. Gifts of substantial value. No board or commission member may solicit or receive any compensation, gift, payment of expense, reward, gratuity, loan, reduced interest rate, or any item of value of sixty-five dollars ($65.00) or more tendered by a person who has an interest in any matter pending before the Town which, in the judgment of a reasonably prudent person, would tend to impair the board or commission member's independence or impartiality of judgment in the performance of the board or commission member's official duties with regard to any such pending matter. This restriction also applies to any such items of value given after the pending matter is concluded if it reasonably appears that the giving of the item of value is related to the E recipient's participation in the pending matter. Matters pending before the Town include, but are not limited to, inspections, the processing of permits or licenses, and other administrative approvals. The following shall not be prohibited under this subsection. 1. Campaign contributions to a candidate, candidate committee, political committee, and/or issue committee if reported as required by law. 2. An occasional nonpecuniary gift, having fair market value of or aggregate actual cost of sixty-five dollars ($65.00) or less in value in any calendar year; 3. A nonpecuniary award publicly presented in recognition of public service. 4. Payment of or reimbursement for actual and necessary expenditures for travel, subsistence, and admission for attendance at conventions, conferences, seminars, training sessions, luncheon and dinner meetings, or other meetings in connection with Town business. 5. Acceptance of food and refreshment at conventions, conferences, seminars, training sessions, luncheon and dinner meetings, special occasions, and other meetings in connection with Town business. 6. Payment for speeches, debates or other public events, reported as honorariums. 7. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is offered to a board or commission member, which is not extraordinary when viewed in light of the position held by such board or commission member. 8. Payment of salary from employment, including other government employment, in addition to any that may be earned from being aboard or commission member. 9. Items available for free to the general public at trade conventions, conferences, or other public exhibitions, and items offered at a discount, generally, to board or commission members or employees of governments. C. Conflict of interest. No board or commission member may participate in any discussion of, take any official action on, or vote to render any final decision or determination on any matter in relation to which the board or commission member has a conflict of interest, except as provided in section 2.05.070 of this chapter. D. Appearances before boards and commissions. No board or commission member may appear on behalf of a private party before a Town board or commission, unless otherwise permitted by the Town Code, except that any board or commission member may appear before a Town board or any commission to address that board or commission member's own personal interest. Nothing in this subsection shall preclude a board or commission member in the same manner and under the same circumstances as any other person from appearing before the a board or commission on an application of the board or commission member for a permit, license or other approval of the board or commission required by law. 0 E. Civil litigation. No board or commission member may appear on behalf of or represent any private interests, other than the board or commission member's own interest, against the interests of the Town in any civil litigation to which the Town is or may become a party, unless the consent of the board is first obtained, except that any board or commission member may testify under oath if subpoenaed. F. Service on other governmental entities or associations. Except as explicitly disclosed through a conflict -of -interest disclosure as to type of position, compensation, and role, no board or commission member may serve on any board or commission of a governmental entity that is located in the Town or receives funds from or provides funds to the Town. G. Personal benefit. No board or commission member may use any Town property, equipment, or employee services for personal or private purposes, gain, or advantage except in the same manner and under the same circumstances as any other person who is not a board or commission member of the Town. H. Special consideration. No board or commission member may request or grant to any person any special consideration, treatment, or advantage beyond that which is available to every other person in similar circumstances or need. I. Voting on matters involving own conduct. No board member or commission member may take any official action on or vote on any question concerning the member's own conduct. J. Other conduct. It shall be a violation of this Code of Conduct for any board or commission member to engage in other conduct which threatens the public confidence in the integrity of government, including but not limited to illegal conduct, conduct which puts self- interest before public interest, willful or persistent failure to perform his or her duties, engaging in any form of harassment or unlawful discrimination, or any other conduct involving dereliction of duties. 2.05.070 -Conflict of interest —Disclosure. A. In the event that board or commission member has a conflict of interest in any matter proposed or pending before the board or commission of which he or she is a member, the member shall declare such conflict of interest in a public meeting to the board or commission. In the event that any board or commission member is aware that he or she could reasonably be perceived as having such a conflict of interest but is unsure of, or does not believe in, the existence of such a conflict, the member shall nevertheless disclose the possibility of such conflict of interest to the board or commission. B. When it appears to the board or commission that a member thereof may have a conflict of interest which has not been disclosed, a majority of the remaining members of the board or commission may determine whether the member has a conflict of interest, and the decision of the remaining members shall be final. The member may participate in the discussion regarding whether the member has a conflict of interest, but the member shall not vote on such matter. In deciding whether or not a board or commission member has a conflict of interest, consideration should be given to the following: 7 1. Whether the potential conflict of interest would impede independence of judgment; 2. The effect of the member's participation on public confidence in the integrity of the governing body and Town government; 3. Whether the member's participation is likely to have any significant effect on the ultimate disposition of the matter; 4. The member's fiduciary obligations to the Town; and 5. The purposes of this Code of Conduct. C. Aboard or commission member with a conflict of interest shall not take any official action on or vote on or be present during or try to influence the vote or participate in consideration of the matter in relation to which a conflict of interest is disclosed or established. o vote shall be recorded for a board or commissi Non member who refrains from voting due to a conflict of interest. D. Aboard or commission member who has a conflict of interest may vote notwithstanding the requirements and restrictions of this section if his or her participation is necessary to obtain a quorum or otherwise enable the board or commission to act and if he or she complies with the disclosure procedures under subsection A or B of this section. Sec. 2.05.080 —Quasi -judicial decisions. A. Each board and commission member shall be and remain impartial when making any quasi judicial decision. Any board or commission member who cannot be impartial in making a quasi judicial decision shall follow the procedure described in subsection 2.05.070(C) of this chapter. B. No board or commission member shall receive nor shall any employee or member of the public provide to any board or commission member any substantive oral or written information, except for legal advice, regarding a matter which is pending before the board or commission on which the member sits, and which is the subject of a quasi judicial hearing before the board or commission, outside of the quasi judicial hearing process. The term "quasi judicial hearing process" includes, but is not limited to, preparations necessary for such hearing such as written staff reports, scheduling, agendas, proposed resolutions and ordinances, posting or publishing notice, and legal advice. The Town attorney shall provide affected board or commission members advice on what constitutes a quasi judicial decision. C. In the event a board or commission member shall inadvertently or unintentionally receive any substantive oral or written information outside of the quasi judicial hearing process, as prohibited in this section, the board or commission member shall fully and completely disclose such substantive oral or written information received at the start of the quasi judicial public hearing process. By making such full and complete disclosure, the board or commission member shall be deemed to be in compliance with the requirements of this section. Failure to make such full and complete disclosure shall be a violation of this section. Sec. 2.05.100 - Voting required. Except as provided in the Town Code, state law, or this chapter, each board and commission member who is present at a meeting shall vote on all issues presented for a vote. Any board or commission member who refuses to vote, except when required to refrain from voting, shall be deemed in violation of this chapter, and an affirmative vote shall be cast and recorded in the board or commission member's name. Sec. 2.05.110 -Advisory opinions. A. Any board or commission member may request from the Town attorney an advisory opinion whenever a question arises as to the applicability of this chapter to a particular situation. B. Should the Town attorney at any time determine that he or she has a conflict of interest in carrying out the duties of this section; the Town attorney shall request that the Town board appoint special counsel to undertake such duties. Special counsel must be engaged by a majority vote of the board and his or her reasonable fees and expenses shall be paid by the Town. Sec. 2.05.120 -Enforcement. A. Board to enforce. The board shall have the responsibility for the enforcement of this chapter as to board and commission members. It shall have the power to investigate any complaint, to initiate any civil action on behalf of the Town where it believes such action is appropriate. If the accused is a board member, the procedures in subsection 2.05.070(C) shall apply, except that the accused board member may participate as a party in a hearing on a complaint under this section. B. Verified complaint. Any person who believes that a board or commission member has violated any of the provisions %J this chapter and wishes to initiate proceedings on such alleged violation shall file a written complaint with the Town clerk, who shall forthwith forward the complaint to the board. The Town clerk shall within ten (10) days of a receipt of a complaint cause to be personally served a copy of the complaint to the board of commission member who is the subject of the complaint. The complaint must state in detail the facts of the alleged violation, must specify the provisions of this chapter alleged to have been violated, and must contain a sworn or verified statement signed by the complainant and stating under penalty of perjury that the information in the complaint is true and accurate, and that the complaint is filed in good faith and not out of malice or any other improper motive or purpose. Any complaint that does not contain such a signed statement shall be returned forthwith to the complainant without action. C. If the board determines that the verified complaint does not allege facts sufficient to constitute a violation of this chapter, it shall dismiss the complaint and notify the complainant and the accused. D. Investigation. Following the receipt of a complaint or upon the receipt of other information, whether or not under oath, that provides a reasonable basis to believe that a OJ violation of this chapter has been committed or that an investigation of a possible violation is warranted, the board may cause an investigation to be made of the circumstances concerning the possible violation.. An ethics investigation shall be conducted by a special investigator, who shall be a qualified disinterested party recommended by the Town attorney, and who shall be engaged by a majority vote of the board. The reasonable fees and expenses of the special investigator shall be paid by the Town. Before invoking its investigatory powers, the board shall approve a motion which shall state the nature and purpose of the investigation, the actions or activities to be investigated and the persons who are the subject of the investigation. The board shall, within five (5) days, serve a copy of the motion on the accused together with a notice informing the person that he or she is the subject of the investigation and a general statement of the applicable provisions whose violation are being investigated. E. Special investigator. The special investigator may interview witnesses and request documents that may be relevant to the investigation. Before completing the investigation, the special investigator shall provide the board or commission member against whom the complaint is made an opportunity to provide information concerning the complaint. Such information must be provided in writing. Upon completion of the investigation, the special investigator shall provide a written investigation report to the board stating whether there is probable cause to believe the violation(s) alleged in the complaint occurred, whether the investigation revealed that there is probable cause to believe that different or additional violations of this chapter occurred, or recommending dismissal of the complaint, and the basis for the special investigator's conclusions. A copy of the investigation report shall be provided to the board and served on the accused. F. Dismissal or hearing. Upon completion of the investigation, the board shall review the investigation report and dismiss the complaint if it determines there was no violation of this chapter. If the board determines, based on the investigation report, that there is probable cause that a violation occurred, it shall by motion set a hearing date, time and place ... The investigative report and notice of the hearing shall be served on the accused not less than thirty (30) days prior to the hearing. G. Hearing. The mayor or mayor pro tem shall preside over the hearing on the complaint and shall determine all procedural issues with the assistance of the Town attorney. The special investigator shall present the case against the accused. The accused may be represented pro se or by any person of the accused's choice. The hearing shall be conducted so as to provide Fundamental fairness, although strict rules of procedure and evidence need not be followed. All witnesses shall be subject to cross-examination. Documentary evidence that can be reasonably authenticated shall be admitted for consideration. A violation of this chapter shall be proven by a preponderance of the evidence as determined by two-thirds of all the voting members of the board. Upon finding that the accused violated this chapter, the board may continue the hearing to discuss and, in its discretion, to receive additional evidence regarding the appropriate penalty. H. Findings. At the conclusion of the hearing regarding the alleged violation, the board shall dismiss the charges or find that the accused violated this chapter. The board shall serve on the accused a written findings and order within thirty (30) days after conclusion of the hearing. I. Sanctions. Upon finding that a board or commission member has violated this chapter, the board may impose an oral or written reprimand, a public censure, non -financial restorative 10 justice measures, or other sanctions as the board deems just and appropriate depending on the seriousness of the violation and any mitigating circumstances. The board may also remove any person other than a board member from such person's appointed position, and may remove a board member from any committees, boards, or other special or ex officio appointments. J. Service. Service of any notice or other document pursuant to this section or this chapter is complete upon mailing certified mail to the person's last known address, or upon personal service. K. Reimbursement of attorney fees. If the final outcome of any complaint filed pursuant to this section is dismissal or in the event the board or commission member against whom a complaint is filed is found by the board not to be in violation of the provisions of this chapter, then, in that event, the board or commission member may request and the Town may reimburse the board or commission member for any attorney fees actually expended by the board or commission member in his or her defense of the complaint, up to the amount of two thousand dollars ($2,000.00). The board or commission member seeking such reimbursement of attorney Fees as provided for herein shall file a complete and detailed request for reimbursement with the board showing amounts expended and specific legal services received and the board shall then review the request and determine its appropriateness hereunder. In the event the board has determined by resolution to reimburse such fees, the town shall reimburse such fees within sixty (60) days of receipt of the request for reimbursement. Sec. 2.05.130 -Compliance with other laws. The requirements of this chapter shall be in addition to the applicable requirements of the Town Code, the Colorado Constitution, and the laws of the state. To the extent any conflict exists between the requirements of this chapter and the requirements of the Town Code or the Colorado Constitution or the laws of the state, the more restrictive provision shall apply. Section 10. Section 2.08.010 (A), Officers, appointment, term, of the Firestone Municipal Code is amended to provide as follows: A. The Board of Trustees, shall appoint a Town Attorney, a Town Treasurer, a Town Clerk and a Town Marshall, and such other officers as from time -to -time shall be necessary for the proper government and control of the Town, and the appointees shall hold their respective offices until their successors are appointed and qualified unless sooner removed according to laws as hereinafter provided. Section 11. Section 2.08.050, Removal of officers —causes —notice, of the Firestone Municipal Code is repealed in its entirety. Section 12. Section 2.08.060, Misconduct or malfeasance, of the Firestone Municipal Code is amended to read as follows: If any of the officers named in this chapter shall be charged with misconduct or malfeasance in office, the Mayor shall, upon the written request of not less than four members of the Board of Trustees, suspend such officer until final disposition of the matter. 11 Section 13, Section 2.14.020, Fair housing information officer, of the Firestone Municipal Code is repealed in its entirety. Section 14. Section 2.14.010, Duties and responsibilities, of the Firestone Municipal Code is amended to read as follows: 2.14.010 -Duties and responsibilities. The Town Clerk shall: A. Cause the ordinances of the Town to be published following adoption, which publication shall be by title only rather than by publishing in fall, and which publication shall include a statement that the complete text of the ordinance is available at Town Hall and on the Town's official website; provided, however, that the inadvertent failure to include such statement as well as any unavailability of the ordinance on the Town's official website shall not be deemed to invalidate the ordinance; B. Superintend their publication, recording and placement in the permanent records of the Town, along with resolutions; C. Receive and file papers to be filed among the Town records; D. Handle local elections and exercise the powers vested in the Town Clerk by state law respecting the conduct of elections; E. Administer oaths of office and make out and deliver to each person elected or appointed to any office in the Town a certificate of such election or appointment; F. Furnish to the Town Attorney any record of documents in the Town Clerk's office that the Town Attorney may request to be used in any court and take receipts therefor. The Town Clerk shall also furnish any necessary, duly certified transcripts of the Town; G. Serve as custodian of public records and perform the functions thereof as provided by state law and Town laws and policies; H. Attend all meetings of the Board of Trustees and make a fair and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees; I. Keep the Town seal and affix it to all instruments and papers which, by ordinance or other applicable law, are required to be attested to by the Town seal; J. Have the custody of and safely keep, per applicable retention schedules, records; documents; ordinances; resolutions and orders of the Board of Trustees; and such other papers, documents, books and other property as may be delivered into the Town Clerk's custody; K. Sign those permits and licenses that are required to be issued or attested by the Town Clerk, in accordance with the provisions of the ordinances concerning the same; L. Serve as and exercise the powers of secretary to the Local Licensing Authority, in accordance with the provisions of the ordinances and laws concerning the same; M. Report at the regular meeting of the Board of Trustees the transactions of the Town Clerk's offices and 12 N. Perform such other duties as may be required of the Town Clerk by state or federal laws; Town ordinances, resolutions, and policies; and the job description applicable to this office. Section 15. Section 2.14.030, Pro tem, of the Firestone Municipal Code is repealed in its entirety. Section 16. Section 2.16.010, Duties —Payment process, of the Firestone Municipal Code is amended to read as follows: 2.16.010 - Duties —Payment process. The Town Treasurer, prior to service, shall take an oath of office and is expressly prohibited from using, directly or indirectly, the Town money in the Town Treasurer's custody or keeping the same for personal use or benefit or that of any other person or persons. Any violation of this provision shall be grounds for immediate removal from office by the Board of Trustees, which is authorized to declare the office vacant; in which case, a successor shall be appointed who shall hold office for the remainder of the time unexpired of such officer so removed. Section 17. Section 2.20.010, Duties, of the Firestone Municipal Code is amended to read in its entirety as follows: 2.20.010 -Duties. A. The Town Marshal shall be the principal ministerial officer of the Town and shall have the same power that constables, sheriffs, police officers or other law enforcement officials have by law, co -extensive within the County in the cases of violation of the Town ordinances, and for offenses committed within the corporate limits of the Town. Section 18. Section 2.20.020, Pound master, of the Firestone Municipal Code is repealed in its entirety. Section 19. Section 2.28, Health Commissioner, of the Firestone Municipal Code is repealed in its entirety. Section 20. Section 2.32, Town Engineer, of the Firestone Municipal Code is repealed in its entirety. Section 21. Section 2.36, Commissioner of Streets, of the Firestone Municipal Code is repealed in its entirety. Section 22. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 13 Section 23. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 24. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisW4ay of .)1LoX , 20200 ATTEST: g, Town 009990 w a� P � o S� • o jT1 , f Q &NTY, 10 P. Hayashi, Town Attorney TOWN OF FIRESTONE, COLORADO rn �• n i Sindol'ar, Mayor