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HomeMy WebLinkAboutR15-002 Eagle County Citizens Review Panel Appointments and Adoption of Bylaws Commissioner 16 e- (iv 41 -11A3ved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2015-001/ A.RESOLUTION CONCERNING APPOINTMENTS TO AND ADOPTION OF BYLAWS FOR THE EAGLE COUNTY CITIZENS REVIEW PANEL WHEREAS, Eagle County is mandated to have a Citizen Review Panel pursuant to requirements stated in the Colorado Children's Code at C.R.S. § 19-3-211; and WHEREAS, The Citizen Review Panel will assess written grievances related to child protection actions taken by county employees; and WHEREAS, It is recommended that the Citizen Review Panel include members who are representative of the community, who have personal or professional knowledge and experience with children and include at least one member who is a parent of a minor child at the time of appointment to serve on the panel; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, The Board hereby appoints and confirms the following six persons to serve as members of the Eagle County Citizen Review Panel for the term of three years to continue until replacements have been duly appointed: Name Title Organization Email Mike Gass Assistant Eagle County Schools Michael.Gass(Ceagleschools.net Superintendent Blythe Chapman Executive River Bridge Regional Blythe(i)riverbridgerc.org Director Center Barbara Baldrey Volunteer Court Appointed Special Bpeter5964(&aol.com Advocates Lisa Kunkel Bilingual Mind Springs Health Lkunkel(&mindspringshealth.org Clinician Joe Staufer Police Chief Eagle Police Department Jstaufer(cr�townofeagle.org Kathleen Brendza Executive The Children's Garden of Kbrendza(&centurytel.net Director Learning THAT, the appointments herein shall continue until further order of the Board. THAT, the members of the Eagle County Citizen Review Panel will serve a term of three years. As long as the individual remains a citizen of Eagle County, there is no limit on the number of terms an individual can serve. THAT, the Eagle County Citizen Review Panel will meet on an as needed basis only. THAT, the bylaws of the Eagle County Citizen Review Panel, attached hereto as Exhibit A, are hereby adopted. THAT, the appointments set forth herein do not constitute contractual obligations of the Board or the appointee; the Board in its sole discretion, may change, add, or abolish such appointments and designations, and fill vacancies as it sees fit. THAT, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 3 day of Ft.407 . , 2015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIO RS c ATTEST: ' 411 Inn o c-4 T o * .. By: '�J .-7,(1 / LORN Clerk to the Board of JiJian H. Ryan County Commissioners 47/7 ;tilt Kathy Chand er-Henry Gentrnissiurscr dh rKiift 4'C--. Pica 9 anne McQu ney I Commissioner Commissioner l -4 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Ryan lQ.-i, M Commissioner Chandler-Henry Commissioner McQueeney �,,� • This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado Bylaws: Eagle County Citizen Review Panel Article I: Purpose and authority Section 1- Purpose: The purpose of the Citizen Review Panel is to provide a forum in which Complainants may present a Grievance concerning the Conduct of an Employee of Eagle County Department of Human Services, hereinafter referred tows the Department of Human Services,to a fair and objective advisory body, which advisory body shall have authority to issue a Recommendation to the Director of the Department of Human Services. In conducting its business the Citizen Review Panel shall exercise such authority and powers as are specifically granted to it by Section 19-3-211, Colorado Revised Statues (C.R.S.), and by Colorado Department of Human Services Staff Manual 7, Part 7.400.4—7.400.8,as such now exists or as such may be subsequently amended, and it shall exercise such authority and powers as are lawfully conferred upon it by the Board of County Commissioners. Section 2 -Authority: The Board of County Commissioners of the County of Eagle,State of Colorado, hereinafter referred to as the Board, pursuant to Section 19-3-211, Colorado Revised Statutes, as amended, hereby adopts these Bylaws for the Eagle County Citizen Review Panel, hereinafter referred to as the Citizen Review Panel. Section 3- Name: The name of this advisory body shall be the Eagle County Citizen Review Panel, which shall be referred to and defined herein as the Citizen Review Panel. Section 4-Year: The Citizen Review Panel shall operate on the calendar year beginning with the first day of January and ending at the close of the last day of December of the same year. Article II: Definitions As used in these Bylaws,the following words and phrases are defined as: Board of County Commissioners: means the Board of County Commissioners of the County of Eagle, State of Colorado.The Board of County Commissioners may be referred to herein as the Board. Citizen Review Panel: means an advisory body appointed by the Board of County Commissioners pursuant to Section 19-3-211,C.R.S.The Citizen Review Panel may be referred to herein as the Panel. Complainant: means any person who was the subject of an investigation of a report of child abuse or neglect or any parent,guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a Grievance in accordance with the provisions of Section 19-3-211, C.R.S. 1 II Conduct of an employee of the Department of Human Services: means behaviors or actions that are contrary to state or federal law or regulations, or are dangerous, malicious, or negligent toward the well-being of the complainant or child(ren)who are involved in a Dependency or Neglect case or policies of the Board of County Commissioners. In the context of matters other than those arising under the Colorado Children's Code,the term means behaviors or actions that are contrary to state or federal law or regulations,or are dangerous, malicious,or negligent toward the well-being of the complainant. In all cases, it does include conduct a prudent, reasonable professional would utilize in similar circumstances of an investigation or case manager. County: means the County of Eagle, State of Colorado. Department of Human Services: means the Eagle County Department of Human Services. Director: means the Director of the Department of Human Services. Grievance: mans a complaint regarding the conduct of an employee of the Department of Human Services in performing his/her duties under Article 3 of the Colorado Children's Code, as such now exists or as such may be subsequently amended, or the conduct of an employee or agency of the Department of Human Services in performing his/her duties under any program provided or administered by the Department of Human Services. Person: means any individual, corporation, business trust, estate,trust, limited liability company, partnership, association, or any other legal entity other than a government-type entity. Recommendation: means a proposed course of action that may be implemented by the Director to resolve the grievance.These proposed actions may include, but are not limited to, reassigning a case to a different employee, requiring an employee to receive training, or administering disciplinary action to an employee,subject to applicable safeguards afforded to the employee through the personnel system under which the employee is employed. Article III: Members Section 1—Number of members: The Panel shall consist of not less than five (5) members nor more than nine (9) members, all of whom shall be appointed by the Board of County Commissioners. Section 2—Reappointment and term of membership: The reappointment of any current member of the Citizen Review Panel shall be subject to such members' lawful eligibility to serve as determined pursuant to Section 19-3-211,C.R.S.The term of any such re-appointed members shall not be limited.All members of the Panel must be residents of Eagle County. Otherwise,the term of any member shall not be limited. 2 Section 3—Compensation: Service on the Panel is strictly voluntary, and no member shall receive nor be entitled to receive any compensation or other benefits from the County for service on the Panel. Section 4—Eligibility for service and selection of members: The Board shall appoint members to the Panel who are representative of the community and who have demonstrable personal or professional knowledge and experience with children.At least one member of the Panel shall be a parent of a minor child at the time of his/her appointment to the Panel.All members of the Panel must be residents of Eagle County. Members of the panel may not be employees or agents of the Colorado Department of Human Services nor agents or employees of any city or county department of human services in the state of Colorado. Members of the Panel may not be employees of Eagle County. Members of the Panel may not have any form of contractual relationship with Eagle County Department of Human Services nor may Members of the Panel be employees of any entity that has a form of contractual relationship with the Eagle County Department of Human Services. Furthermore,the Board shall not allow any person to serve on the Panel who has been convicted of a felony, misdemeanor, or any other offense of moral turpitude, or who is not of good character and reputation satisfactory to the Board. Members of the Panel shall execute a Confidentiality Agreement which shall be prepared by the Department of Human Services. No member shall investigate, review, and/or hear a grievance, and/or otherwise serve on the Panel unless such Member has executed the Confidentiality Agreement. Furthermore,the Board of County Commissioners may dismiss any member of Panel for either refusing or failing to sign the Confidentiality Agreement and/or for breaching any term of the Confidentiality Agreement. Any member of the Panel shall be immediately ineligible for continued service on the Panel upon the occurrence of any event of ineligibility as stated in this Article II,Section 4 and/or Section 19-3-211, except a member shall not be deemed ineligible by reason of a minor child(ren) coming into majority or emancipation.There shall be an additional exception for members re-appointed to the Panel pursuant to the adoption of these Bylaws.At all times the Board shall have the authority to terminate with or without cause the appointment of any member to the Panel. In addition, the Board may remove members of the Panel for unexcused absences from the Panel's meetings. Unexcused absences from three (3) consecutive meetings of the Panel, regardless whether any such meetings are regular or special meetings, shall be conclusive proof of ineligibility for service due to non-attendance.The President may excuse a Member for good cause shown, and the Panel shall have discretion on a case-by-case basis concerning whether a Member has demonstrated such good cause. 3 Section 5—Resignation: A member of the panel may resign at any time by submitting his or her resignation with the Director of the Department of Human Services. Such resignation shall be effective as of the moment of receipt by the Director. Section 6—Vacancy: The Board shall appoint a new member to fill any vacancy on the Panel.The term of any such new appointment shall be the balance of the term remaining for the member whose position became vacant. Section 7—List of members: The County Manager's Office shall maintain and regularly update a current list of the members of the Panel.This list shall be an open and public record, and shall be open to inspection by the general public during normal business hours. Article IV: Duties and Meetings Section 1—Duties of the Panel: 1. To hear grievances forwarded to it by the Director of the Department of Human Services and to make recommendations thereon. 2. To exercise such other powers as may be authorized to it by the Board of County Commissioners. Section 2—Quorum: The Panel shall only conduct its affairs in the presence of a quorum.The presence of a majority of the members appointed and eligible for membership on the Panel shall constitute a quorum, provided that at the time of the meeting the number of the members appointed and eligible for members on the Panel is at least five (5). Section 3—Compliance with Colorado open meeting law: Notice of any meeting shall be posted according to the requirements of the Colorado Open Meetings Law,and all meetings of the Panel shall be open and public, except for any portion of a meeting that in any way involves the hearing of or discussion upon any particular grievance(s).Any portion of a meeting that in any way involves the hearing of or discussion upon any particular grievance(s) shall be closed except for those persons eligible to be present according to the Bylaws. Section 4—Conduct of the meetings: Any member of the Panel chosen by the members present shall be the Chairperson of such meetings. 4 Section 5—Regular meetings, grievance hearings, and other meetings: The Panel shall is not expected to have regular meetings during the year.The Panel shall meet and shall convene a grievance hearing and issue a recommendation consistent with the grievance and hearing procedures adopted by the Board.The highly confidential nature of grievances notwithstanding,the Panel shall post notice of any grievance hearing in accordance with the Colorado Open Meetings Law. The Panel may hold other meetings upon the call of at least two (2)of the Panel members by mailing to each member written notice at least five (5) calendar days in advance of such meetings, and the Panel shall post notice of such other meetings in accordance with the Colorado Open Meetings Law. Section 6—Voting on panel recommendations: Every Panel member shall be entitled to vote on any matter pending before the Panel, except that a Panel Member who was not present for the substantial part of any grievance hearing. Such ineligibility to vote shall not preclude the Panel Member from being present for and participating in the deliberations on said grievance hearing. Section 7—Conflict of interest: The Panel Members are not bound by any Code of Ethics per se. Nonetheless,the Board of County Commissioners expects any Panel Member to refrain from voting on and/or participating in the deliberations on any grievance hearing in which the Panel Member feels, based on principles of good citizenship, duty, and common sense,that the Panel member cannot be fair or impartial to the Complainant,the Department, or any Employee of the Department in said grievance hearing.The Panel Member should announce this conflict as soon as the Panel member becomes aware of the same. Under no circumstances shall such an announcement of a conflict be interpreted as a means to declare loss of quorum. Section 8—Recommendations: The Panel shall only have the authority to make recommendations that are in accord with the definition of Recommendations as stated in these Bylaws.The recommendations made shall be determined according to a majority of the Panel members eligible vote in such grievance hearing.The recommendations shall be made in writing.The minority may put their recommendation in writing, and such minority recommendations shall be labeled as minority recommendations and shall be attached to the majority recommendations. Section 9: Establishing hearing priority: The Panel shall give priority for hearing grievances referred to it in the following order. Matters arising under Article 3 of the Colorado Children's Code shall always have priority over other matters. In matters arising under Article 3 of the Colorado Children's Code the Panel shall first give priority to matters in which a hearing date is set for termination of parental rights. Unless a specific priority is stated herein or in the Grievance Procedures and Hearing Guidelines,the Panel shall have discretion in setting priority for grievance hearings. 5 Article V: Changes to the bylaws The Panel and/or Department of Human Services may periodically suggest changes, amendments, or other modifications to these Bylaws to the Board of County Commissioners, but only the Board of County Commissioners has the authority to change,amend, or otherwise modify these Bylaws.The Board of County Commissioners may so periodically change, amend, or otherwise modify these Bylaws by a simple majority vote. III 6