Chapter II, Section II - Board of Trustees

Sec. 2-2-1.    Board of Trustees – qualifications, vacancies.

The Board of Trustees shall constitute the legislative body of the Town and shall have power and authority, except as otherwise provided by statute, to exercise all power conferred upon or possessed by the Town, and shall have the power and authority to adopt such ordinances and resolutions as it shall deem proper in the exercise thereof.

1. Qualifications.  Each Trustee shall be a resident of the Town and a registered elector herein.  If any Trustee shall move from, or become, during the term of his or her office, a nonresident of the Town, he or she shall be deemed thereby to have vacated his or her office, upon the adoption by the Board of Trustees of a resolution declaring such vacancy to exist.
2. Vacancies.  The Board of Trustees shall have power by appointment to fill all vacancies in the Board or in any other elected office, and the person so appointed shall hold office until the next regular election and until his or her successor is elected and qualified.  If the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term.

Where a vacancy exists in the office of Trustee and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the candidates, at the next election, shall designate on their nominating petitions whether they are running for a four-year term or a two-year term, and the ballot shall designate those candidates nominated and running for a four-year term and shall designate those candidates nominated and running for a two-year term.  (Ord. 368 §1, 1982)

Sec. 2-2-2.    Procedure – regular and special meetings.

1. Regular meetings.  The Trustees shall hold regular meetings at least once each month, the frequency, date and time to be set by resolution passed by the Board of Trustees; provided, however, that when the fixed date for any regular meeting of the Board falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding business day not a holiday.  All regular meetings of the Board will be held in the Town Hall unless the Board of Trustees chooses another venue and gives public notice.
2. Special meetings.  The Mayor may convene the Board at any time.  Whenever a special meeting shall be called, a summons or a notice in writing signed by the Mayor shall be served upon or mailed to the post office address of each member of the Board, either in person or by notice left at his or her place of residence, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted thereat, except such as is stated in the notice.  The notice may be waived by unanimous vote of the Board.  If the Mayor is absent from the Town, a special meeting may be convened by a majority of the Board.
3. Quorum.  No action shall be taken unless a quorum is present.  A majority of the Board of Trustees shall constitute a quorum.  A lesser number may adjourn from time to time and compel the attendance of absent members.  Any member of the Board, at any regular or special meeting, may, in writing, demand the attendance of the absent members, which said demand shall be entered on the record forthwith by the Town Clerk, who shall thereupon notify the absent members of the time and place of the meeting.
4. Agenda.  All reports, communications, ordinances, resolutions, contracts, documents or other matters to be submitted to the Board shall, at least by Tuesday prior to each meeting, be delivered to the Town Administrator, whereupon the Town Administrator shall immediately arrange a list of such matters according to the order of business.  Each Trustee, the Mayor, the Police Chief, the Town Clerk and the Town Attorney will be furnished with a copy of the order of business, together with a copy of the minutes of the last preceding meeting, prior to the Board meeting and as far in advance of the meeting as time for preparation will permit.
5. The order of business of a Board meeting shall be as follows:
   1. Call to order.  The Mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Board to order.  The Mayor or temporary chairman 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 Robert's Rules of Order unless otherwise provided by ordinance.
   2. Roll call.  Before proceeding with the business of the Board, 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.
   3. Reading the minutes.  Unless a reading of the minutes of a Board meeting is required by a member of the Board, the minutes of the preceding meeting, which have been furnished by the Town Clerk to each Trustee, shall be considered approved if correct, and errors rectified if any exist.
   4. Petitions.  Petitions, remonstrances, communications and comments or suggestions from citizens present shall be heard by the Board.  All such remarks shall be addressed to the Board 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 officers.  No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer.
   5. Reports by officers.  Town officials and/or committees shall present such reports as may be required by the Board.
   6. Old business.  The Board shall consider any business that has been previously considered and which is still unfinished.
   7. New business.  The Board shall consider any business not heretofore considered, including the introduction or readings of ordinances and resolutions.
   8. Other business.  Prior to adjournment, the Board shall, as it deems necessary, consider such business as is not specifically provided for herein.
   9. Adjournment.  The Board may, by a majority vote of those present, adjourn from time to time to a specific date and hour.  A motion to adjourn shall always be in order and decided without debate.
6. Resolution or motion required - Roll call vote.  Every subject coming before the Board for its action shall be submitted by resolution or motion.  The Town Clerk shall call the roll and the vote thereon shall be taken by ayes and nays for all ordinances and resolutions of the Board.
7. Adoption of ordinances.  No ordinance shall be passed finally on the date it is introduced, except in cases of special emergency, for the preservation of the public peace, health or safety and then only by the affirmative vote of three-fourths (¾) of the voting members of the Board.  In all other cases, an ordinance shall be introduced and read at one (1) regular meeting of the Board, and if the ordinance is passed on first reading, the ordinance shall be read by title only and again voted upon at the next regular meeting of the Board.  If the ordinance receives the required vote on its second reading, the same shall be duly adopted.
8. Vote required.  The Mayor shall not vote upon any question except in the case of a tie vote, when he or she shall cast a vote.  All ordinances, all resolutions or orders for the appropriation of money, all resolutions or orders to enter into contract, and all appointments of officers shall require for the passage or adoption the concurrence of a majority of all the members elected to the Board.  In all other matters a majority of the votes cast is sufficient for passage, except in cases of special emergency for the preservation of the public peace, health or safety, and then only by the affirmative vote of three-fourths (¾) of the members of the Board.
9. Publication of ordinances.  All ordinances, as soon as may be possible after their passage, shall be recorded in a book kept for that purpose, and authenticated by the signature of the Mayor and Clerk.  All ordinances of a general or permanent nature, and those imposing any fine, penalty or forfeiture, shall be published in the North Weld Herald.  Such ordinances shall not take effect until thirty (30) days after such publication, except for ordinances calling for special elections or necessary for the immediate preservation of the public peace, health or safety, which shall take effect in five (5) days.  The reasons making the ordinance necessary for the immediate preservation of the public peace, health or safety shall be set forth in a separate section.  Codes may also be adopted by reference as provided by state law.
10. Committees.  Any question pending before the Board may be referred to a special committee for its consideration and report.  When a question has been referred to a committee, such committee shall report thereon with its recommendation at a future meeting.
11. Suspension of the rules.  Any of the provisions of this Section may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths (¾) of the voting members present, except that this shall not be construed to permit any action that is contrary to state statute.  (Ord. 510 §1, 2003)

Sec. 2-2-3.    Intergovernmental contracts.

The Board of Trustees shall have the authority on behalf of the Town to enter into contractual arrangements with one (1) or more other local governments for the performance of any governmental service, activity or undertaking which could be performed by each of the local governments.  Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.  Such contract may be approved by the Board by resolution or by ordinance.

Sec. 2-2-4.    Oath and bond.

All officers elected or appointed in any capacity shall take an oath to support the Constitution of the United States and the Constitution of the State of Colorado.  The Board of Trustees may provide that the payment of premiums on surety bonds of any officer of the Town shall be made from funds so designated by the Board.

Sec. 2-2-5.    Removal from office.

Any officer or employee appointed by the Board of Trustees may be removed from office or suspended for a specific time, with or without pay, by a vote of three-fourths (¾) majority of all Board members whenever such officer shall, after a hearing before the Board, be found guilty of a dereliction or violation of his or her duty or conduct unbecoming an officer or incompetency.

Sec. 2-2-6.    Removal from office; Trustee/Mayor.

Frequent absences from meetings by a Board member or the Mayor deny the Board of Trustees that person's input and denies the citizens of Eaton representation.  Any Trustee or the Mayor may be removed from office by a vote of three-fourths (¾) majority of all remaining Board members whenever such Trustee or Mayor shall, after a hearing before the Board of Trustees, be found guilty of official misconduct.  Official misconduct includes, but is not limited to, having more than two (2) consecutive absences from Board meetings (whether work session, special meeting or regular Board of Trustees meetings) or six (6) absences within a one-year period.  Board members may consider, in determining whether to declare misconduct, the causes for such absences, such as health and family problems or job constraints.  Removal of such Trustee or Mayor shall only be made under procedures pursuant to state law.  (Ord. 504 §1, 2003)