HomeMy Public PortalAboutOrdinance 476 Amending Chapert 2 Articles 6, 10, 11 and 12 Regarding Removal of Commission and Committee Members TOWN OF FRASER
ORDINANCE NO. 476
Series 2020
AN ORDINANCE AMENDING CHAPTER 2 ARTICLES 6, 10, 11 AND 12 OF THE FRASER
MUNICIPAL CODE REGARDING REMOVAL OF COMMISSION AND COMMITTEE
MEMBERS
WHEREAS, the Town Board has determined that unexcused absences by members of certain
commissions and committees can interfere with efficient operations and should be grounds for
removal of the member.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE
Chapter 2 (Administration), Articles 2 of the Fraser Municipal Code (herein sometimes referred
to as the "Municipal Code") are hereby amended as follows [Note: additions are shown in bold
underlined print; deletions are shown as etrikethrough print]:
ARTICLE 6 - Planning Commission
Sec. 2-6-50. — Removal from Planning Commission
Members, other than the member representing the Board of Trustees, may be removed, after
public hearing, by the Mayor for inefficiency, neglect of duty or malfeasance in office, or if
such commissioner has missed three a (3) consecutive meetings or three (3) meetings in
a fiscal year unless such absences shall be excused by the Commission, and the Board
of Trustees may remove the member representing it for the same reasons. The Mayor or the
Board of Trustees, as the case may be, shall file a written statement of reasons for such
removal. Vacancies occurring otherwise than through the expiration of the term shall be filled
for the remainder of the unexpired term by the Mayor in the case of the member selected or
appointed by him or her, and by the Board of Trustees in the case of the member appointed
by it.
ARTICLE 10 -Water and Wastewater Committee
Sec. 2-10-50. — Removal from Water Wastewater Committee.
Members, other than a member currently serving on the Board of Trustees, may be removed
by resolution of the Board of Trustees for inefficiency, neglect of duty or malfeasance in office,
or if such member has missed three (3) consecutive meetings or three (3) meetings in a
fiscal year unless such absences shall be excused by the Committee. The Mayor or the
Board of Trustees, as the case may be, shall file a written statement of reasons for such
removal for consideration by the Board of Trustees. Due to the nature of matters that may be
considered by the Water and Wastewater Committee, members are expected to serve with
discretion and shall be required to enter into confidentiality agreements with the Town.
ARTICLE 11 - Economic Development Advisory Committee
Sec. 2-11-70 — Resignation, removal, and vacancy from Committee.
(b) Members of the Committee may be removed, by resolution of the Board of Trustees for
inefficiency, neglect of duty or malfeasance in office, or if such member has missed three
(3) consecutive meetings or three (3) meetings in a fiscal year unless such absences
shall be excused by the Committee. The Mayor or the Board of Trustees, as the case may
be, shall file a written statement of reasons for such removal for consideration by the Board of
Trustees. Due to the nature of matters that may be considered by the Committee, members
are expected to serve with discretion and shall be required to enter into confidentiality
agreements with the Town.
ARTICLE 12 - Public Art Committee
Sec. 2-12-70 — Resignation, removal, and vacancy from Committee.
(b) Members of the Committee may be removed, by resolution of the Board of Trustees for
inefficiency, neglect of duty or malfeasance in office, or if such member has missed three
(3) consecutive meetings or three (3) meetings in a fiscal year unless such absences
shall be excused by the Committee. The Mayor or the Board of Trustees, as the case may
be, shall file a written statement of reasons for such removal for consideration by the Board of
Trustees.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 4th DAY OF March, 2020.
Votes in favor: 1 BOARD OF TRUSTEES OF THE
Votes opposed: o TOWN •, F- A SER,,oLORAD.
Votes abstained: 0
BY: 111 ;/' f ,, ,
Phi ip Vandernail, Mayor
,`ce OF F,p�SATTEST:
( E A L) " -P
SEAL
OksjVc•r•-ti fin„Antoinette McVeigh, Clerk
'o<oRAoo
Published in the Middle Park Times on March 12, 2020.