20-47 Telephonic Participation Policy Res 04-08-20201
RESOLUTION NO. 20-47
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AMENDING THE BOARD OF TRUSTEES HANDBOOK AND
ORIENTATION TELEPHONIC PARTICIPATION POLICY TO AUTHORIZE
EXECUTIVE SESSIONS DURING AN EMERGENCY
WHEREAS, on March 10, 2020, Governor Jared Polis in accordance with the Colorado
Disaster Emergency Act (“Act”), C.R.S. §24-33.5-704, , by proclamation, declared a state of
emergency in Colorado to provide access to resources, legal flexibility, and protect vulnerable
communities, all to better contain the outbreak of the COVID-19 virus; and
WHEREAS, in accordance with C.R.S. §24-33.5-709, on March 18, 2020, the Town
Manager declared a local disaster (“Declaration of Disaster”), which was continued until further
notice by the Board of Trustees on March 25, 2020; and
WHEREAS, on March 25, 2020 Governor Polis issued Public Health Order No. 20-24
implementing stay at home requirements to continue until April 11, 2020 unless extended,
rescinded, superseded or amended in writing; and
WHEREAS, the Town’s Declaration of Disaster activated the Town’s Emergency
Telephonic Meeting Participation procedure, which was enacted as a result of the 2013 Floods;
and
WHEREAS, that procedure anticipated emergencies of a limited duration, however, it is
now apparent from the latest information provided by the Center for Disease Control and
Prevention (“CDC”), and other sources including the Colorado Department of Public Health and
Environment and Governor Polis who recently stated that the peak had only been slightly
delayed by the Stay at Home Order that the COVID-19 pandemic is in an acceleration phase and
its duration and full impact is unknown at this time; and
WHEREAS, it is now likely that the Governor’s Order and its restrictions may remain in
place for an extended period of time; and
WHEREAS, the Town’s Telephonic Participation Policy prohibits quasi-judicial and
executive session matters from being held; however, given COVID-19’s unknown duration and
complete impact it is likely that essential Town business requiring quasi-judicial proceedings or
executive sessions will arise during the current emergency; and
WHEREAS, Town staff is currently working on a procedure to conduct quasi-judicial
proceedings electronically; and
WHEREAS, to hold necessary executive sessions during an emergency staff recommends
that the Board of Trustees amend the Telephonic Participation Policy to permit executive
sessions to be held with the requirement that executive sessions to the extent feasible, comply
with all requirements of the Open Meetings Act (C.R.S. § 24-6-401 et seq.), and that the notice