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TITLE 2

ADMINISTRATION AND PERSONNEL

 

Chapters:

 

            2.04                 MAYOR AND BOARD OF TRUSTEES

            2.08                 TOWN OFFICERS GENERALLY

            2.12                 TOWN CLERK

            2.16                 TOWN ATTORNEY

            2.20                 POLICE DEPARTMENT

            2.24                 TOWN TREASURER

            2.26                 TOWN ADMINISTRATOR

            2.28                 PUBLIC WORKS SUPERINTENDENT

            2.32                 TOWN ENGINEER

            2.36                 MUNICIPAL COURT

            2.40                 PLANNING COMMISSION

            2.44                 CODE OF CONDUCT

 

 

Chapter 2.04

MAYOR AND BOARD OF TRUSTEES

 

Sections:

 

            2.04.010          Adoption of Municipal Election Code.

            2.04.020          Write in Candidate Affidavit.

            2.04.030          Circumstances for Cancellation of Election.

            2.04.040          Terms of Election – Board of Trustees.

            2.04.050          Terms of Office – Board of Trustees – 1.

            2.04.060          Terms of Office – Board of Trustees – 2.

            2.04.070          Terms of Office – Mayor.

            2.04.080          Regular Meetings.

            2.04.090          Special Meetings.

            2.04.100          Compensation.

            2.04.111          Order of Business.

            2.04.112          Roberts’ Rules of Procedure.

            2.04.113          Ordinances – Introduction and Passage.

            2.04.114          Ordinance – Voting.

            2.04.115          Ordinance – Recording – Publication.

            2.04.116          Ordinances – Effect of Repeal.

            2.04.117          Committees.

 

2.04.010   Adoption of Municipal Election Code. The Municipal Election Code as set forth in Title 31. Article 10, Colorado Revised Statutes, as amended, is hereby adopted by reference as the election code for the Town of Nunn. (Ord. 210, 1998)

 

2.04.020   Write-in Candidate Affidavit. No write-in vote for any municipal office shall be counted unless an affidavit of intent is filed by the person intending to be a write-in candidate.  The affidavit shall indicate the name of the person who will be the write-in candidate, the office for which such person is a candidate, and a statement that the person is qualified to assume the duties of the office if elected. Such affidavit shall be filed with the Town Clerk at least twenty (20) days prior to the date of election. (Ord. 211, 1998)

 

2.04.030 Circumstances for Cancellation of Election. If the only matter before the voters is the election of persons to office, and if at the close of business on the 19th day before the election, there are not more candidates than offices to be filled at such election including candidates who have filed affidavits of intent, the Clerk, if instructed by resolution of the governing body either before or after such date shall cancel the election and by resolution declare the candidates elected. Notice of cancellation shall be published, if possible, and notice of such cancellation shall be posted at each polling place and in not less than one other public place. (Ord. 211, 1998)

 

2.04.040 Terms of Election -- Board of Trustees. Commencing with the municipal election of 1976, three (3) trustees shall be elected for two-year terms of office and three (3) trustees shall be elected for four-year terms of office.  (Ord. 127, 1975)

 

2.04.050   Terms of Office -- Board of Trustees -- 1.  At the municipal election of 1976, the three (3) candidates for trustee receiving the greatest number of votes shall be elected to four-year terms and the three (3) candidates receiving the next greatest number of votes shall be elected to two-year terms.  (Ord. 127, 1975)

 

2.04.060 Terms of Office -- Board of Trustees -- 2. Commencing with the municipal election of 1978 and all subsequent municipal elections, three (3) trustees shall be elected to four- year terms of office.  (Ord. 127, 1975)

 

2.04.070 Terms of Office -- Mayor. Commencing with the municipal election of 1978 and every fourth year thereafter, the mayor of the Town of Nunn, Colorado, shall be elected to a four-year term of office.  (Ord. 127, 1975)

 

2.04.080   Regular Meetings.  The regular meetings of the Board of Trustees of the Town of Nunn shall be held on the first Thursday evening of each month at 7:30 p.m., commencing October 7, 1999.  (Ord. 213, 1999)

 

2.04.090   Special Meetings.  The mayor or any three (3) members of the Board of Trustees may call special meetings by written notice to each of the members of the Board personally served or left at his or her usual place of residence.  (Code, 2002)

2.04.100   Compensation.

 

A.        Pursuant to Section 31-4-109, C.R.S., the mayor shall receive for his services the sum of two hundred dollars ($200.00) each month.  (Code, 2002)

 

B.        Pursuant to Section 31-4-109, C.R.S., each member of the Board of Trustees shall receive twenty-five dollars ($25.00) for each regular meeting, special meeting, and work session of the Board of Trustees attended by the Trustee.  (Code, 2002)

 

C.        Compensation established by this section shall apply to the mayor and trustees elected at the regular town election in 2002.  (Code, 2002)

 

2.04.111   Order of Business.  The order of business of a Board of Trustees meeting shall be as follows:

 

A.         Call to Order.  The mayor shall take the chair precisely at the hour appointed for the meeting and shall immediately call the Board of Trustees to order.  The mayor or temporary chairperson shall preserve the order and decorum, decide all questions of order and conduct the proceedings of the meeting in accordance with the parliamentary rules contained in Roberts’ Rules of Order unless otherwise provided by ordinance.  (Code, 2002)

 

B.        Roll Call. Before proceeding with the business of the Board of Trustees, the Town Clerk or his or her deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.  (Code, 2002)

 

C.          Approval of Agenda.  The Board shall approve the agenda as submitted by the Town Clerk unless addition, deletion, or other changes are proposed and approved by the Board. (Code, 2002)

 

D.        Reading the Minutes.  Unless a reading of the minutes of a Board of Trustees meeting is requested by a member of the Board of Trustees, the minutes of the preceding meeting, which have been furnished by the Town Clerk to each Trustee, shall be considered correct if approved and errors rectified if any exist.  (Code, 2002)

 

E.         Public Participation.  Petitions, remonstrances, communications, and comments or suggestions from citizens present shall be heard by the Board of Trustees. All such remarks shall be addressed to the Board of Trustees as a whole, and not to any member thereof.  Such remarks shall be limited to a reasonable time and such determination will be in the discretion of the presiding officer.  No person other than the individual speaking shall enter into the discussion without permission of the presiding officer.  (Code, 2002)

 

F.         Old Business.  The Board of Trustees shall consider any business that has been previously considered and which is still unfinished.  (Code, 2002)

 

G.         New Business.  The Board of Trustees shall consider any business not heretofore considered at a regular or special Board of Trustees meeting.  (Code, 2002)

 

H.         Consent Agenda.  The consent agenda is designed to expedite the handling of routine matters by the Board.  Any member may request that an item be removed from the consent agenda.  All items may be approved by a single vote of the Board.  (Code, 2002)

 

I.           Employee Reports.  Town employees shall present such reports as need be presented to the Board of Trustees.  (Code, 2002)

 

J.         Reports by Officers.   Town officials and/or committees shall present such reports as need to be presented to the Board of Trustees.  (Code, 2002)

 

K.         Other Remarks.  The Board of Trustees shall consider other matters that may need to be discussed.  (Code, 2002)

 

L.          Adjournment.  The Board of Trustees may, by a majority vote of those present, adjourn.  A motion to adjourn shall always be in order and decided without debate.  (Code, 2002)

 

2.04.113   Ordinances -- Introduction and Passage.  All ordinances or resolutions in the nature of ordinances shall be introduced to the Board in writing by a member of the Board.  All ordinances shall be read in their entirety. Ordinances may be acted upon immediately, unless the Board, by majority vote or motion, shall refer the ordinance to a Town official or committee of the Board for study and recommendation. To pass any ordinance there must be no less than four (4) affirmative votes.  (Code, 2002)

 

2.04.114   Ordinances – Voting.  Each member present shall vote upon the passage of any ordinance or resolution.  The yeas and nays shall be called and recorded.  (Code, 2002)

 

2.04.115   Ordinances – Recording – Publication.  All ordinances, as soon as practicable after passage, shall be authenticated by the signatures of the presiding officer and the Town Clerk and shall be entered in a book kept for that purpose.  Such ordinance shall then be posted in those places designated by the Board for posting.  (Code, 2002)

 

2.04.116   Ordinances – Effect of Repeal. No suit, proceeding, right, fine, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged by such repeal or modification.  (Code, 2002)

 

2.04.117   Committees.

 

           A.         All committees shall be appointed by the mayor.  (Code, 2002)

 

           B.         The following standing committees shall be appointed bi-annually and shall consist of three (3) members each:

 

                        1.         Finance and budget;

                        2.         Parks and cemetery;

                        3.         Library, health, and welfare;

                        4.         Water and sewer;

                        5.         Street and alley;

                        6.         Code enforcement and fire.

 

(Code, 2002)

 

           C.         Other committees shall be appointed by the mayor or mayor pro tempore as the need arises.  (Code, 2002)

 


 

Chapter 2.08

TOWN OFFICERS GENERALLY

 

Sections:

 

           2.08.010           Appointment.

           2.08.020           Term of Office.

           2.08.030           Filling of Vacancies.

           2.08.040           Removal from Office – Grounds.

           2.08.050           Removal from Office – Notice.

           2.08.060           Removal from Office – Hearing.

           2.08.070           Removal from Office – Decision.

 

 

2.08.010   Appointment.  All appointments by the Board shall be by ballot and a majority of the whole number of members elected to the Board shall be necessary to an appointment.  The names of those who voted and the vote each candidate received upon the vote resulting in an appointment shall be recorded.  (Code, 2002)

 

2.08.020   Term of Office.

 

A.        At its first regular meeting held after the biennial municipal election, the Board shall proceed to appoint persons to perform the following offices:

 

            1.         Town Clerk;

            2.         Town Attorney;

            3.         Municipal Judge;

            4.         Town Treasurer.

 

(Code, 2002)

 

            B.        All persons appointed by the Board shall hold their respective offices for the period of two (2) years, unless they earlier resign or are removed for cause, and until their successors are duly appointed and qualified.  (Code, 2002)

 

            2.08.030   Filling of Vacancies.  Should any of the offices listed in Section 2.08.020 of this chapter become vacant from any cause prior to the expiration of the term of the previous appointee, the Board shall proceed immediately to fill such office.  (Code, 2002)

 

2.08.040   Removal from Office -- Grounds.  Any town officer appointed by the Board who is incompetent or who is guilty of any willful violation of any of his /her official duties, may be removed from office, during his/her term of office, by a vote of a majority of all members elected to the Board. (Code, 2002).

 

            2.08.050   Removal from Office -- Notice.  All charges preferred against any appointive officer shall be made in writing and shall clearly specify the cause or causes for removal.  A copy of such charges, together with a notice of the time and place of hearing, shall be served upon the accused at least five (5) days prior to the date set for the hearing.  (Code, 2002)

 

2.08.060   Removal from Office -- Hearing.  At the time and place set for the hearing, the Board shall meet and proceed according to its rules to hear the evidence against the accused, as well as the evidence offered in his/her behalf, adjourning from time to time as may be necessary. until all of the evidence has been heard. At the hearing, the accused may be heard by himself/herself or through counsel.  (Code, 2002)

 

2.08.070   Removal from Office -- Decision.  Within three (3) days of the conclusion of all the evidence, the Board shall vote by ayes and nays upon each charge.  If four (4) members of the Board find the accused guilty of any of the charges, they shall resolve that the accused be removed from office, and his/her office is declared vacant.  (Code, 2002)

 


 

Chapter 2.12

TOWN CLERK

 

Sections:

 

            2.12.010          Duties.

            2.12.020          Oath – Bond.

            2.13.030          Compensation.

 

            2.12.010    Duties.  The Town Clerk shall have custody of the town seal as well as all ordinances and laws of the town. He/she shall keep a correct journal of all proceedings of the Board and shall record all resolutions, by-laws, and ordinances passed by the Board in a separate book to be kept for that purpose, have the same duly published, and preserve proof of publication. He/she shall keep on file in a place provided by the Board, all papers, books, contracts, bills, claims, correspondence and records of every description belonging to the Town and shall not allow the same to be removed from his/her office without the written consent of the mayor. He/she shall be responsible for handling all administrative and clerical duties associated with the operation of the town government as well as such further duties as are assigned to him/her by the Board.  (Code, 2002)

 

2.12.020   Oath -- Bond.  Prior to entering upon his/her duties as Town Clerk, the person so appointed shall take and subscribe an oath of office and shall execute to the Town a bond in the sum of five thousand dollars ($5,000.00).  (Code, 2002)

 

2.12.030   Compensation.  The Town Clerk shall receive as compensation for his or her services as Town Clerk a salary in an amount to be fixed by decision of the Board.  (Code, 2002)


 

Chapter 2.16

TOWN ATTORNEY

 

Sections:

 

            2.16.010          Duties.

            2.16.020          Oath – Bond.

            2.16.030          Compensation.

 

            2.16.010   Duties.  The Town Attorney shall be the general legal advisor of the Board and all Town officers in all matters arising out of any question concerning the ordinances, resolutions and contracts of the Town, and in all matters pertaining to the Town business. He/she shall appear for the Town in all actions and suits in which the Town is a party and prosecute or defend as the occasion demands. He/she is authorized and empowered to make any and all necessary affidavits and execute all bonds and other instruments in writing, necessary to the proper conduct of any suit or proceeding in which the Town is a party, and to take and prosecute appeals in all cases in which, in his/her opinion, the interests of the Town of the Town demand such action.  (Code, 2002)

 

2.16.020   Oath -- Bond.  Prior to entering upon hislher duties as Town Attorney, the person so appointed shall take and subscribe an oath of office but shall not be required to execute any bond for the faithful performance of his/her duties.  (Code, 2002)

 

2.16.030   Compensation.  The Town Attorney shall receive as compensation for his/her services as Town Attorney a salary in an amount to be fixed by decision of the Board.  (Code, 2002)

 

 


 

Chapter 2.20

POLICE DEPARTMENT

(reserved)

 


 

Chapter 2.24

TOWN TREASURER

 

Sections:

 

            2.24.010          Duties.

            2.24.020          Preparation of Reports and Statements.

            2.24.030          Oath – Bond.

            2.24.040          Compensation.

 

            2.24.010   Duties.  The Town Treasurer shall be the general financial officer of the Town and shall supervise the preparation of all necessary financial reports, financial statements and books and accounts.  (Code, 2002)

 

2.24.020   Preparation of Reports and Statements.  Whenever by state statute the Town Treasurer is required to prepare financial reports and financial statements, the Town Treasurer may delegate the responsibility for preparing such reports and statements to the Town Clerk or the Town Auditor; provided, however, that such reports must be approved by the Treasurer, such approval to be evidenced by the Treasurer's signature on the report or statement.  (Code, 2002)

 

2.24.030   Oath -- Bond.  Prior to entering upon his/her duties as Town Treasurer, the person so appointed shall take and subscribe an oath of office and shall execute to the Town a bond in the sum of five thousand dollars ($5,000.00).  (Code, 2002)

 

            2.24.040   Compensation.  The Town Treasurer shall receive as compensation for his/her services a salary in an amount to be fixed by decision by the Board.  (Code, 2002)


 

Chapter 2.26

TOWN ADMINISTRATOR

(reserved)


 

Chapter 2.28

PUBLIC WORKS SUPERINTENDENT

 

Sections:

 

            2.28.010          Duties.

            2.28.020          Oath – Bond.

            2.28.030          Compensation.

 

 

            2.28.010   Duties.  The Public Works Superintendent shall personally supervise the establishment, construction, installation, alteration, improvement, repair, removal. or demolition of any of the public works of the Town specifically including, but not limited to, the street and water systems of the Town, the Town Cemetery, and any and all buildings owned by the Town. The Public Works Superintendent and his/her deputies shall keep all the public works of the Town in good order and repair and shall perform such other duties as may be prescribed elsewhere in the Code.  (Code, 2002)

 

2.28.020   Oath -- Bond.  The Public Works Superintendent shall not be required to take any oath of office nor to give bond for the faithful performance of his /her duties nor shall any oath or bond be required of his deputies.  (Code, 2002)

 

            2.28.030   Compensation.  The Public Works Superintendent and his/her deputies shall receive as compensation for their services salaries in an amount to be fixed by decision of the Board.  (Code, 2002)

 


 

Chapter 2.32

TOWN ENGINEER

(reserved)

 


 

Chapter 2.36

MUNICIPAL COURT

 

Sections:

 

            2.36.010          Definitions.

            2.36.020          Municipal Court Established.

            2.36.030          Municipal Judge – Authority Generally – Term – Assessment of Court Costs – Surcharge.

            2.36.040          Municipal Judge Oath – Bond.

            2.36.050          Municipal Judge Compensation.

            2.36.060          Clerk of the Municipal Court.

            2.36.070          Jury Trial – Demand.

            2.36.080          Jury Qualifications.

            2.36.090          Jury Commissioner.

            2.36.100          Jury Panel.

            2.36.110          Summoning of Jurors.

            2.36.120          Failure of Juror to Appear – Penalty.

            2.36.130          Drawing of Jurors for Particular Case.

            2.36.140          Challenging of Jurors Generally.

            2.36.150          Challenging of Jurors Peremptory Challenges.

            2.36.160          Instructions to Jury.

            2.36.170          Pleas of Guilty.

            2.36.180          Judgment of Acquittal.

            2.36.190          Costs and Fees.

            2.36.200          Verdict – Sentence.

            2.36.210          Suspended Sentence.

 

 

            2.36.010   Definitions.  As used in this Chapter, the following terms shall have the following meanings.

 

A.         Municipal Court.  The term "municipal court" shall mean a "qualified municipal court of record" as defined under C.R.S. 13-10-102(3).  (Code, 2002)

 

B.         Municipal Judge.  The term "municipal judge" shall mean the judge appointed by the

Town Board to preside over Municipal Court.  (Ord. 216, 1999)

 

            2.36.020   Municipal Court Established.  There is hereby established a municipal court for the Town of Nunn.  A municipal court shall hear and try all alleged violations of the Town of Nunn.  The Municipal Court is hereby created and established as a qualified municipal court of record as defined in C.R.S. 13-10-102(3).  The court shall hold its sessions at Town Hall on a certain day each month as needed to commence at a certain hour as established by the Municipal Judge with the approval of the Town Board.  The Municipal Judge may also order the convening of special sessions to accommodate jury trials and other matters that cannot be accommodated during regular monthly court sessions.  (Ord. 216, 1999; Code, 2002)

 

2.36.030   Municipal Judge – Term – Authority Generally – Assessment of Court Costs – Surcharge. 

 

A.        The Municipal Court shall be presided over by a municipal judge who shall be appointed by the Town Board for a specified term which shall expire on the date of the succeeding municipal election.  The municipal judge may be removed during his/her term of office only for cause as specified in C.R.S. 13-10-105.  (Code, 2002)

 

B.        The Municipal Judge, or the person appointed to temporarily act as Municipal Judge, shall have and is given the authority to impose fines and costs, suspend the collection or execution of any fine, sentence, or penalty imposed upon any person found guilty of a violation of a municipal ordinance, and is given the further power to revoke and terminate any such suspended fine, sentence, or penalty and execution of the same as though it had never been suspended. (Code. 2002)

 

C.        The Municipal Judge, or the person appointed to temporarily act as Municipal Judge, shall have and is given the power and authority to assess and shall assess Twenty Dollars ($20.00) as court costs for each case filed where the defendant is found guilty and/or the defendant pleads guilty.  (Code, 2002)

 

D.        Surcharge on Municipal Fine.  After determining the appropriate fine for each person who is convicted of violating an ordinance of the Town of Nunn, Colorado, the Municipal Judge shall add thereto a surcharge in the amount of Twenty Dollars ($20.00), but under no circumstances shall the total fine assessed including the surcharge exceed One Thousand Dollars ($1,000.00).  All proceeds generated by the surcharge on fines shall be paid into a special revenue account for the Town of Nunn, Colorado, to be used solely for the purposes of code enforcement.  (Ord. 216, 1999)

 

2.36.040   Municipal Judge -- Oath -- Bond.  Prior to entering upon his/her duties as Municipal Court Judge, the person so appointed shall take and subscribe an oath of office.  (Ord. 216, 1999)

 

2.36.050   Municipal Judge -- Compensation.  The Municipal Judge shall receive as compensation for his/her services an amount as determined by the Town Board.  (Ord. 216, 1999)

 

2.36.060   Clerk ofthe Municipal Court.  The Town Clerk shall perform the functions of Court Clerk, and shall be bonded in the amount of at least Two Thousand Dollars ($2,000.00).  The Town Clerk shall receive no additional compensation for performing the functions of Court Clerk.  (Ord. 216, 1999)

 

2.36.070   Jury Trial – Demand.

 

A.        In all trials in the Municipal Court in cases arising from an alleged violation of an ordinance of the Town, other than traffic infractions, and if a jail penalty may be imposed, a defendant shall have the right to a trial by jury and such defendant may demand a jury which shall consist of three (3) jurors, unless a greater number not to exceed six (6) is requested by the defendant.  (Code, 2002)

 

            B.        A defendant waives his/her right to a jury trial unless within ten (10) days after arraignment or entry of a plea, he/she files with the court a jury demand and at the same time tenders to the Court a jury fee of Twenty-Five Dollars ($25.00), unless the fee is waived by the Municipal Judge because of the indigence of the defendant.  (Ord. 216, 1999; Code, 2002)

 

2.36.080   Jury Qualifications.

 

A.        All residents of this Town of the age of at least eighteen (18) years who meet the qualifications set forth in C.R.S. 13-71-109 shall be competent to serve as jurors in the Municipal Court.  (Code, 2002)

 

B.        The Municipal Judge shall have the right, upon good cause being shown, to exempt or excuse any prospective juror from services.  (Ord. 216, 1999)

 

2.36.090   Jury Commissioner.  The Jury Commissioner of the Municipal Court shall be the Town Clerk and he/she shall serve for the same terms as his/her appointment as Town Clerk without additional compensation.  (Ord. 216, 1999)

 

2.36.100   Jury Panel.  On or before the first day of December of each year, the Jury Commissioner shall prepare a list of persons whom he/she believes may be qualified to serve as jurors.  (Ord. 216, 1999)

 

2.36.110   Summoning of Jurors.  The Municipal Judge shall, when a jury is needed, issue a venire to summon the number of jurors the Judge shall deem necessary for the trial of the case from among the names on the jury panel. The venire shall be in substantially the following form:

 

STATE OF COLORADO       )

                                                ) ss.

COUNTY OF WELD              )

 

 

THE PEOPLE OF THE TOWN OF NUNN, WELD COUNTY, COLORADO

 

To:________________________________________________________________

 

            GREETINGS:

 

            You are hereby commanded to summon ____________ persons of the Town of Nunn, State of Colorado, to appear before me at _________________________, on the _____ day of _____________________, 20____, who are not of kin to ______________________________, Defendant, to make a jury between the Town of Nunn, Colorado, and the said Defendant ________________________________, in a plea of not guilty to the charge of the violation of the Municipal Ordinance of the said Town of Nunn, and have you then and there the names of the jury and this writ.

 

            WITNESS my hand and seal this _____ day of _______________________, 20_____.

 

 

                                                                                    ___________________________________

                                                                                    Municipal Judge

 

 

            2.36.120   Failure of Juror to Appear -- Penalty.  If any person who is lawfully summoned to appear before the Municipal Court as a juror fails, neglects, or refuses to appear as required, without reasonable excuse, he/she is deemed guilty of contempt and fined or imprisoned as the Court may direct.  (Ord. 216, 1999)

 

            2.36.130   Drawing of Jurors for Particular Case.  The bailiff of the Municipal Court, who shall be appointed by the Municipal Judge shall, when requested. draw from a box containing the names of the persons summoned three (3) names of persons to serve on the jury, or a greater number not to exceed six (6), if the defendant has demanded a larger number, and if any of the original persons selected are challenged and excused by the Municipal Judge, then, and in that event, the bailiff shall draw an additional name and shall continue to do so until a jury is selected. (Ord. 216,1999)

 

            2.36.140   Challenging of Jurors -- Generally.  The Municipal Judge shall pass on all challenges and objections to jurors, and the Municipal Judge shall have the power to rule on all questions of evidence and the admissibility thereof.  (Ord. 216, 1999)

 

            2.36.150   Challenging of Jurors -- Peremptory Challenges.  In all cases arising under the Municipal Code of the Town, wherein a jury trial is had, the Town and the defendant shall be entitled to three peremptory challenges.  (Ord. 216, 1999)

 

2.36.160   Instructions to Jury.  At the conclusion of all the evidence, and before arguments of counsel, the Municipal Judge shall read to the jury the provisions of the municipal ordinance alleged to have been violated by the defendant and shall orally instruct the jury as to any points of law that the Municipal Judge believes to be pertinent to the issues to be determined by the jury.   Counsel for either of the parties may submit written instructions to the Municipal Judge and if he/she believes the proposed instructions to be proper, he/she shall read the same to the jury. (Ord. 216, 1999)

 

2.36.170   Pleas of Guilty.  If any person accused of violating any of the provisions of an Ordinance of the Town having right to trial by jury shall confess himself/herself guilty, the Municipal Judge, without a jury trial, shall hear the evidence and fix and determine the sentence, penalty, or punishment and enter judgment and execution thereon.  (Ord. 216, 1999)

 

2.36.180  Judgment of Acquittal.  The Municipal Judge shall have the power to enter a judgment of acquittal in favor of the defendant when the evidence presented is insufficient to sustain the guilt of the defendant.  (Ord. 216, 1999)

 

2.36.190   Costs and Fees.  Jurors shall be paid the sum of Six Dollars ($6.00) per day for actual jury service and Three Dollars ($3.00) for each day service on the jury panel alone.  (Ord. 216, 1999)

 

2.36.200   Verdict -- Sentence.  Upon the jury's returning a verdict of guilty. the Municipal Judge shall record the same in the docket and shall proceed to fix or determine the punishment, penalty, or sentence, and to render judgment upon such verdict for the punishment, penalty, or sentence, so determined by him/her and for costs; but if the jury returns a verdict of not guilty, the Municipal Judge shall record the same and discharge the defendant or defendants without costs.  (Ord. 216, 1999)

 

2.36.210   Suspended Sentence.  The Municipal Judge shall have the power to suspend all or any part of the sentence, whether it is fine or imprisonment, upon such conditions believed to be proper by the Court under the circumstances. The Court shall have the power to retain jurisdiction over the defendant for a period of up to twelve (12) months after the sentence suspension.  The Court shall have the power to revoke any suspended sentence within the twelve-month period mentioned in this section.  (Ord. 216, 1999)

 


 

Chapter 2.40

PLANNING COMMISSION

 

Sections:

 

            2.40.010          Membership.

 

            2.40.010   Membership.  The Board of Trustees shall assume and exercise any power granted to or duty placed upon the Municipal Planning Commission and the Municipal Zoning Commission, and the Board of Trustees shall designate at each meeting the Planning Commission business for approval, findings, determinations, or resolution.  (Ord. 164, 1992)

 

 


 

Chapter 2.44

CODE OF CONDUCT

 

Sections:

 

            2.44.010          Title.

            2.44.020          Declaration of Policy.

2.44.030          Definitions.

2.44.040          Prohibited Conduct.

2.44.050          Exemptions – Town Employee.

2.44.060          Prohibited Conduct – Town Officer.

2.44.070          Exemptions – Town Officer.

2.44.080          Conflict of Interest in Board Action.

2.44.090          Conflict of Interest in Planning Commission or Board of Adjustment Action.

2.44.100          When Trustee or Member of Planning Commission or Board of Adjustment with Conflict of Interest May Vote.

2.44.110          Mandatory Disclosure to Secretary of State.

2.44.120          Public Contracts.

2.44.130          Enforcement.

2.44.140          Penalties and Remedies.

2.44.150          Distribution of Code of Conduct.

 

 

2.44.010   Title.  This Ordinance shall be known and may be cited as the “Town of Nunn Code of Conduct.”  (Ord. 188, 1997)

 

            2.44.020   Declaration of Policy.  The proper operation of democratic government requires that the public officers and employees be independent, impartial, and responsible to the people; that government decisions and policy be made within the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a Code of Conduct for all Town officers and employees is adopted. The purpose of this Code is to establish guidelines for ethical standards of conduct for all such officers and employees by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such officers and employees of private financial or other interests in matters affecting the Town.  (Ord. 188, 1997)

 

            2.44.030   Definitions.  As used in this Code, unless the context otherwise requires:

 

            A.        Business.  Any corporation, limited liability corporation, partnership, sole proprietorship, trust, or foundation, or other individual or organization carrying on as a business, whether or not operated for profit.  (Code, 2002)

 

B.        Confidential Information.  All information, whether transmitted orally or in writing, which is of such a nature that it is not, at that time, a matter of public knowledge.  (Code, 2002)

 

C.        Conflict of Interest.  A circumstance where the taking of any official action by a Town officer would:

 

            1.         Substantially affect to its economic benefit a business or other undertaking in which such officer has a substantial financial interest;  (Code, 2002)

 

            2.         Substantially affect a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as consultant, representative, or agent;  (Code, 2002)

 

            3.         Substantially affect to its economic detriment any business or other undertaking when such officer has a substantial financial interest in a competing business or undertaking; or  (Code, 2002)

 

            4.         Give rise to the appearance of impropriety on the part of such officer.  (Code, 2002)

 

An officer shall not be deemed to have a conflict of interest with respect to matters determined by the Board to involve the common public interest, such as matters concerned with the adoption of general land use regulations, the formation of special or local improvement districts within which the officer owns real property, the imposition of taxes, the authorization of bond and similar actions involving the common public interest.  (Code, 2002)

 

            D.        Board of Town Board.  The Board of Trustees of the Town of Nunn.  (Code, 2002)

 

            E.        Trustee.  A member of the Board of Trustees of the Town of Nunn.  (Code, 2002)

 

            F.        Employee.  Any person employed in the service of the Town, including, without limitation, the Town Public Works Superintendent. The term "Town Employee" shall also include those independent contractors who provide contract services to the Town, whose contract with the Town subjects them to the provisions of this Code of Conduct.  (Code, 2002)

 

G.        Officer or Town Officer.  The Town Trustees, Mayor, members of the Board of Adjustment, Town Clerk, Town Attorney, and other Town officers appointed under C.R.S. 31-4-304.  (Code, 2002)

 

H.        Official Act or Official Action.  Any vote, decision, recommendation, approval, or disapproval, or other action, including inaction, which involves the use of discretionary authority.  (Code, 2002)

 

I.          Substantial Financial Interest.  An interest owned or held by a Town officer or Town employee which is:

 

 


 

                        1.         An ownership interest in a business;  (Code, 2002)

 

                        2.         A creditor interest in a business;  (Code, 2002)

 

                        3.         An ownership interest in real or personal property;  (Code, 2002)

 

                        4.         A loan or any other debtor interest;  (Code, 2002)

 

                        5.         A directorship or officership in a business;  (Code, 2002)

 

                        6.         An employment or a prospective employment for which negotiations have begun.  (Code, 2002)

 

           An officer or Town employee shall be presumed to have a substantial financial interet in any of the above mentioned interest owned, held, or controlled by such officer’s or employee’s souse or dependent children.  (Code, 2002)

 

           J.          Town Contractor.  A person or business under contract to perform work for the Town; a person or business who has submitted a bid to do work for the Town, which bid is still pending; and any person or business who has performed work for the Town within the preceding twelve (12) months.  (Code, 2002)

 

           K.         Undertaking.  Any activity conducted primarily for the purpose of making a profit, including, without limitation, any activity which substantially advances a person’s private financial interest or position.  (Ord. 188, 1997)

 

           2.44.040   Prohibited Conduct -- Town Employee.  A Town employee shall not:

 

            A.        Disclose confidential communications with the Town Attorney.  Communications between any Town officer or employee and the Town Attorney, other than during public meetings, is privileged and confidential.  The policy underlying the attorney/client privilege is to ensure candid and open discussion with the legal advisor without fear of disclosure. The attorney/client privilege of confidentiality as to such communications can only be waived by a majority vote of the Board of Trustees.  (Code, 2002)

 

            B.        Communicate or cooperate with parties in litigation with or asserting a present or potential claim against the Town. No Trustee or other Town officer shall communicate, either directly or indirectly, with a party involved in litigation or other claims against the Town, or such party's attorney, agent, or other representative, as to the subject matter of such litigation or claim, on matters related to or bearing on such litigation or claim, without prior consultation with the Town Attorney and authorization by the Town Board.  (Code, 2002)

 

           C.         Disclose or use confidential information acquired in the course of such employee's duties in order to further a business or other undertaking in which such employee has a substantial financial interest.  (Code, 2002)

 

           D.         Disclose any confidential information acquired in the course of such employee's duties to any person under circumstances where the employee knows, or reasonably should know, that the person to whom such confidential information is disclosed will use the confidential information in order to further a private business or undertaking.  (Code, 2002)

 

           E.         Engage in a substantial financial transaction for the employee's private business purposes with a person whom such employee inspects or supervises in the course of his or her employment with the Town.  (Code, 2002)

 

           F.         Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such employee has a substantial financial interest. (Code, 2002)

 

            G.        Acquire or hold an interest in any business or undertaking which such employee has reason to believe may be directly and substantially affected to its economic benefit by official action taken by the agency over which he or she has substantive authority.  (Code, 2002)

 

H.        Perform an official act directly and substantially affecting to its economic detriment any business or undertaking when such employee has a substantial financial interest in a competing business or undertaking.  (Code, 2002)

 

            I.          Solicit or accept a present or future gift, favor, loan, service, or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, loan, service, or thing of value was made or given primarily for the purpose of influencing or attempting to influence such employee in connection with an official act. or as a reward for official action he or she has previously taken.  (Code, 2002)

 

J.         Perform any official act under circumstances which give rise to an appearance of impropriety on the part of the employee.  (Code, 2002)

 

K.         Seek or accept election, nomination, or appointment to the governing board of any unit of local government operating in Weld County, Colorado, whose boundaries overlap with the boundaries of the Town.  (Ord. 188, 1997)

 

2.44.050   Exemptions – Town Employee.  The provisions of Section 4 shall not prohibit a Town employee from:

 

A.        Accepting or receiving a benefit as an indirect consequence of the performance of an official act.  (Ord. 188, 1997)

 

B.        Appearing before the Town Board, Planning Commission, or any Town Board in the course of the performance of such employee's duties for the Town.  (Ord. 188, 1997)

 

C.        Appearing before the Town Board, Planning Commission, or any Town Board, in connection with planning/development matters pertaining to such employee's primary residence. (Ord. 188, 1997)

 

D.        Appearing in Municipal Court on such employee's own behalf, or on behalf of such employee's spouse or minor child.  (Ord. 188, 1997)

 

E.         Appear with respect to any matter of public concern before the Town Board, Planning Commission, or any Town Board in such employee's capacity as a citizen, and neither in such person's capacity as an employee, nor as counsel, consultant, representative, or agent for any person, business, or undertaking.  (Ord. 188, 1997)

 

F.         Accepting gifts or loans which are:

 

                         1.         An occasional non-pecuniary gift insignificant in value;  (Ord. 188, 1997)

 

                         2.         A non-pecuniary award publicly presented by a non-profit organization in recognition of public service.  (Ord. 188, 1997)

 

                        3.         Payment of, or reimbursement for, travel and subsistence for attendance at a convention or other meeting at which such employee is scheduled to participate as a speaker or other contributor in his or her capacity as a Town employee if the paying or reimbursing party has no current or anticipated business with the Town.  If the employee is paid by the Town while attending such convention. or meeting, any honorarium or other monetary compensation received by the employee in connection with such convention or meeting shall be turned over to the Town;  (Ord. 188. 1997)

 

                        4.         Reimbursement for, or acceptance of, an opportunity to participate in a social function or meeting which is offered to such Town employee which is not extraordinary when viewed in light of the position held by such employee;  (Ord. 188, 1997)

 

                        5.         Items of perishable or non-permanent value including, but not limited to, meals and tickets to sporting, recreational, educational, or cultural events.  (Ord. 188, 1997)

 

           G.         Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget, or other similar official action.  (Ord. 188, 1997)

 

           2.44.060   Prohibited Conduct – Town Officer.  A Town officer shall not:

 

           A.         Disclose discussions on matters discussed in executive session. Public disclosure of Discussions held in executive session constitutes official misconduct and is grounds for removal of a Trustee from office.  (Ord. 188, 1997)

 

           B.         Disclose confidential communication with the Town Attorney.  Communications between any Town officer or employee and the Town Attorney, other than during public meetings, is privileged and confidential.  The policy underlying the attorney/client privilege is to ensure candid and open discussion with the legal advisor without fear of disclosure.  The attorney/client privilege of confidentiality as to such communications can only be waived by a majority vote of the Board as a whole.  (Ord. 188, 1997)

 

           C.         Make unauthorized individual inquiries or contacts with Town contractors.  An individual Trustee should not contact the Town's accountants, attorney, or other parties in a contractual relationship with the Town unless authorized by the Board to do so.  To keep expenses to the Town to a minimum, request for action or information from such contractors shall be channeled through the Mayor or the Town Clerk.  (Ord. 188, 1997)

 

           D.         Communicate or cooperate with parties in litigation with, or asserting a present or potential claim against, the Town.  No Trustee or other Town officer shall communicate, either directly or indirectly, with a party involved in litigation or other claims against the Town, or such party's attorney, agent, or other representative, as to the subject matter of such litigation or claim, on matters related to or bearing on such litigation or claim, without prior consultation with the Town Attorney and authorization by the Town Board.  (Ord. 188, 1997)

 

E.          Disclose or use confidential information acquired in the course of such officer’s duties in order to further a business or other undertaking in which such officer has substantial financial interest.  (Ord. 188, 1997)

 

F.          Disclose any confidential information acquired in the course of such officer's duties to any person under circumstances where the officer knows, or reasonably should know, that the person to whom such confidential information is disclosed will use the confidential information in order to further a private business or undertaking.  (Ord. 188, 1997)

 

           G.         Solicit or accept a present or future gift, favor, loan, service, or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, loan, service, or thing of value was made or given primarily for the purpose of influencing or attempting to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken.  (Ord. 188, 1997)

 

           H.         Make or accept any ex parte communication or contact concerning a quasi-judicial matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing.  The provisions of this subsection shall not apply to legislative matters to be considered by an officer.  (Ord. 188, 1997)

 

I.          Appear, except as authorized in Section 7, with respect to any matter before the Town Board, Planning Commission, or Board of Adjustment.  (Ord. 188. 1997)

 

J.         Neglect the official duties of such Town officer.  Failure to regularly attend Town Board meetings shall be cause for removal from office.  (Ord. 188, 1997)

 

K.        Violate the fiduciary duty to act in the best interest of the Town.  (Ord. 188, 1997)

 

            2.44.070   Exemptions – Town Officer.  The provisions of Section 6 shall not prohibit a Town officer from:

 

            A.        Accepting or receiving a benefit as an indirect consequence of the performance of an official act.  (Ord. 188, 1997)

 

B.        Taking official action or speaking at a public meeting when such officer is similarly situated with other Town residents, such as in connection with the adoption of general use regulations, the formation of special or local improvement districts within which the officer owns real property, the imposition of taxes, the authorization of bonds, or generally acting when the matter involves the common public interest.  (Ord. 188, 1997)

 

            C.        Appearing before the Town Board, Planning Commission, or Board of Adjustment, in connection with a planning/development matter pertaining to such officer's primary residence; provided that the officer shall be deemed to have a conflict of interest with respect to such matter and shall not vote with respect to such matter except as provided in Section 10.  (Ord. 188, 1997)

 

            D.        Appearing in Municipal Court on such officer's own behalf, or on behalf of such officer's spouse or minor child.  (Ord. 188, 1997)

 

            E.         Appear with respect to any matter of public concern before the Town Board, Planning Commission, or Board of Adjustment in such officer's capacity as a citizen, and neither in such person's official capacity, or as counsel, consultant, representative, or agent for any person, business, or undertaking.  (Ord. 188, 1997)

 

            F.         Accepting gifts or loans which are:

 

                        1.         Campaign contributions reported as required by law;  (Ord. 188, 1997)

 

                        2.         An occasional non-pecuniary gift insignificant in value;  (Ord. 188, 1997)

 

                        3.         A non-pecuniary award publicly presented by a non-profit organization in recognition of public service;  (Ord. 188, 1997)

 

                        4.         Payment of, or reimbursement for, actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which such employee is scheduled to participate as a speaker or other contributor in his or her capacity as a Town officer if the paying or reimbursing party has no current or anticipated business with the Town.  Any honorarium or other monetary compensation received by the officer in connection, with such convention or meeting shall be turned over to the Town;  (Ord. 188, 1997)

 

                        5.         Reimbursement for, or acceptance of, an opportunity to participate in a social function or meeting which is offered to such Town officer which is not extraordinary when viewed in light of the position held by such officer;  (Ord. 188, 1997)

 

                        6.         Items of perishable or non-permanent value including, but not limited to, meals and tickets to sporting, recreational, educational, or cultural events unless prohibited by applicable departmental rule or regulation;  (Ord. 188, 1997)

 

                        7.         A loan at a rate of interest which is not substantially lower than the commercial rate than currently prevalent for similar loans within the Town.  (Ord. 188, 1997)

 

G.        Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget, or other similar official action. (Ord. 188, 1997)

 

H.        Personally contracting with a Town contractor for the performance of work so long as such contract will not interfere with or delay the contractor's performance of any contract with the Town, and the contract is paid by the officer at substantially the generally prevailing market rate for such services within the Town. Before entering into such contract, the officer shall notify the Town Clerk in writing.  (Ord. 188, 1997)

 

2.44.090   Conflict of Interest in Planning Commission or Board of Adjustment Action.  Any member of the Planning Commission or Board of Adjustment who believes he or she has a conflict of interest as defined in the Ordinance on any matter proposed or pending before the Planning Commission or Board of Adjustment shall disclose such conflict to the Planning Commission or Board of Adjustment.  Any member who believes that another member of the Planning Commission or Board of Adjustment has a conflict of interest shall bring the matter to the attention of the Planning Commission or Board of Adjustment prior to the consideration of the issue involving the alleged conflict.  The Planning Commission or Board of Adjustment shall determine whether a conflict of interest exists.  If the Planning Commission or Board of Adjustment determines that an actual conflict of interest exists, the member with the conflict shall not attempt to influence other members of the Planning Commission or Board of Adjustment in connection with such matter, and except as provided herein, shall not vote upon such matter.  The member shall leave the table during discussion and action on the subject and shall return only when the Planning Commission or Board of Adjustment has taken up the next agenda item.  (Ord. 188, 1997)

 

2.44.100   When Trustee or Member of Planning Commission or Board of Adjustment with Conflict of Interest May Vote.  A Trustee or member of the Planning Commission or Board of Adjustment may vote upon a matter in which he or she has a conflict if:

 

A.        His or her participation is necessary to obtain a quorum or to otherwise enable the Board of Adjustment or Planning Commission to act; and   (Code, 2002)

 

B.        If he or she complies with the disclosure provisions of Section 2.44.110.  (Code, 2002)

 

2.44.110   Mandatory Disclosure to Secretary of State.  No later than seventy-two (72) hours before voting pursuant to Section 2.44.1 00, the Trustee or member of the Planning Commission or Board of Adjustment shall give written notice to both the Secretary of State and to the Town Board or Planning Commission, whichever is applicable.  Such notice shall clearly state the nature of his or her conflict of interest.  (Code, 2002)

 

2.44.120   Public Contracts.

 

A.        Except as provided herein, no Town officer or Town employee shall have an interest in any contract made by the Town.  (Ord. 188, 1997)

 

            B.        The provisions of this Section shall not apply to:

 

                        1.         Contracts awarded to the lowest bidder based on competitive bidding procedures;  (Ord. 188, 1997)

 

                        2.         Merchandise sold to the highest bidder at public auctions;  (Ord. 188, 1997)

 

                        3.         Investments or deposits in financial institutions which are in the business of loaning or receiving money;  (Ord. 188, 1997)

 

                        4.         A contract between the Town and an officer or employee if, because of geographic restrictions, the Town could not otherwise reasonably afford itself of the subject of the contract.  It shall be presumed that the Town could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the Town is greater than ten percent (10%) of a contract with an officer or employee or if the contract for services that must be performed within a limited time period and no other contractor can provide those services within that time period.  If the contract involves a Trustee, such Trustee shall disclose his or her interest to the Town Board and such Trustee shall not vote upon the issue of the award of such contract except in accordance with Section 2.44.100.  (Ord. 188, 1997)

 

           2.44.130   Enforcement.

 

           A.         The Town Attorney shall have the responsibility for the enforcement of this Ordinance as to all Town employees.  The Town Attorney shall have the power to investigate any complaint, to initiate any suit, and to prosecute any criminal or civil action on behalf of the Town where the Town Attorney believes such action is appropriate.  (Ord. 188, 1997)

 

           B.         The Town Board shall have the responsibility for the enforcement of this Ordinance as to Town officers. It shall have the power to investigate any complaint, to initiate any suit, and to authorize the Town Attorney to prosecute any criminal or civil action on behalf of the Town where it believes such action is appropriate.  (Ord. 188, 1997)

 

           C.         Any person who believes that a violation of any portion of this Ordinance has occurred may file a complaint with the Town Clerk, which complaint shall be promptly investigated and such action taken thereon as the Town Attorney or Board shall deem to be appropriate.  (Ord. 188, 1997)

 

            2.44.140   Penalties and Remedies.

 

A.        Any person found to have violated any provision of this Ordinance shall be subject to termination of employment or removal from office. Additionally, such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation,  together with any costs (including attorney's fees) incurred by the Town in the investigation and prosecution of such violation.  (Ord. 188, 1997)

 

B.        Any court of competent jurisdiction called upon to enforce the provisions of this Ordinance may, with the consent of the Town Board, exempt from the provisions of this Ordinance any conduct of a Town officer or Town employee upon the finding that the enforcement of this Ordinance with respect to such officer or employee's conduct would not be in the public interest.  (Ord. 188, 1997)

 

C.        Notwithstanding anything contained in this Ordinance to the contrary, no Town employee or Town officer shall be in violation of the provisions of this Ordinance if, prior to engaging in the conduct which would otherwise have resulted in a violation of this Ordinance, the Town employee or Town officer has obtained a written opinion from the Town Attorney that the particular conduct in question would not violate the provisions of this Ordinance, and the Town employee or Town officer acts in accordance with the opinion of the Town Attorney.  The Town Attorney shall promptly render an opinion as to the legality of any proposed conduct or action under this Ordinance upon the request of a Town employee or officer.  (Ord. 188, 1997)

 

2.44.150   Distribution of Code of Conduct.  The Town Clerk shall cause a copy of this Code of Conduct to be distributed to every officer and employee of the Town within thirty (30) days after enactment of the Ordinance adopting this Code. Each officer and employee elected, appointed, or engaged thereafter shall be furnished with a copy of the Code of Conduct upon entering into the conditions of such office or employment.  (Ord. 188, 1997)