Boards and Commissions

Member Training

Thank you for completing the training. ��This training is required for all CDHS board and commission members. The training and quiz will take approximately 30 minutes.� �Click through each slide, view the materials, �and then complete the quiz.��

If you have questions or need accommodations to complete this training, please contact Kyle Zinth,

Boards and Commissions Administrator.

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kyle.zinth@state.co.us

(720) 602-6807

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The Colorado Department of Human Services is often abbreviated as “CDHS” or “Department.”��This information applies to all boards, commissions, councils, committees, subcommittees, task forces, and workgroups. All groups are collectively referred to as “boards” for simplicity’s sake.�

By the end of this training, you will understand:

1. The basic structure of Colorado State government
2. The mission, vision, values, and organizational structure of CDHS
3. The different types of boards, councils, commissions, and task forces
4. State laws affecting boards
5. Board member responsibilities
6. Staff responsibilities

Learning

Objectives &

Roadmap

Basic Structure of Colorado State Government

Section 1

Like the Federal Government, Colorado’s government is organized into three branches:

• Legislative - makes laws
• Executive - enforces laws
• Judicial - interprets laws

Each branch has different responsibilities and provides checks and balances for the other branches.

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Overview of

Colorado

Government

Branches of Government

Legislative

Senate, House, Legislative Council, Office of State Auditor, Legislative Legal Services, Joint Budget Committee

Executive

Governor, Lt. Governor, Treasurer, Attorney General, Secretary of State

Judicial

State District and County Trial Courts, Colorado State Supreme Court, State Court Administrator’s Office, State Probation Services

Departments Managed by Governor Appointed Executives

Agriculture

Corrections

Early Childhood

Education

Regulation Agencies

Higher Education

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Transportation

Human Services

Labor and Employment

Health Care Policy and Financing

Personnel and Administration

Military and Veterans Affairs

Public Health and Environment

Labor and Employment

Health Care Policy and Financing

Personnel and Administration

Military and Veterans Affairs

• All CDHS boards are placed the Executive branch
• The Executive branch is responsible for carrying out the laws through multiple agencies under the direction of the Governor, as outlined in the Administrative Organization Act of 1968
• Boards act as an extension of the Executive branch by helping CDHS carry out its assigned duties

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Placement of Boards in the Executive Branch

Mission, Vision, Values, and Organizational Structure of CDHS

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Section 2

Our Mission: Together, we empower Coloradans to thrive

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Our Vision: To serve Coloradans through bold and innovative health and human services

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Our Values:

We believe in a people-first approach: To serve the people of Colorado, we develop a culture and work environment that creates an energized, inspired, and healthy team capable of giving their best to Coloradans.

Balance creates quality of life: We want our team to be resilient through a supportive workplace that values flexibility, health and wellness, and employee engagement.

We hold ourselves accountable: We take responsibility through our actions, programs, and results for the state of health and human services in Colorado.

Transparency matters: We are open and honest with employees, our partners, the Coloradans we serve, and the public.

We are ethical: We abide by what is best for those we serve by doing what is right, not what is easy.

Collaboration helps us rise together: We work together with all partners, employees, and clients to achieve the best outcomes for Coloradans.

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CDHS Mission, Vision and Values

• Colorado has a state-supervised and county-administered human services system. Under this system, county departments are the main provider of direct services

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• CDHS has a $2.5 billion budget out of the entire state’s $40 billion budget for FY 22-23.

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• CDHS has nearly 5,000 employees statewide who are responsible for many different types of programs. See the next slide for how CDHS is organized

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Overview of CDHS

Each board is placed under a CDHS Division or Office.

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For example, this is how a board is placed under one Office, the Office of Adult, Aging, and Disability Services:

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Placement of Boards in CDHS

Types of Boards, Councils, Commissions, Committees, Subcommittees,

and Task Forces

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Section 3

General Information about Boards

• The entire State government engages with over 300 Governor-appointed boards and commissions

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• CDHS directly works with 13 Governor-appointed boards and about 40 internal boards

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• All boards in CDHS have an assigned staff administrator for board support

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Type 1 and Type 2 Boards

There are two main types of boards and commissions: Type 1 and Type 2

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Governor-Appointed and Internal Boards

Additionally, boards are categorized according to:

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• Who created them
• Their appointing authority
• In which agency they are housed
• Whom they advise

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These categories are Governor-appointed and internal

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Enabling Statutes

Each board has an enabling authority, or a formal creating document. Enabling authorities may be in the form of:

• State statutes
• Federal statutes
• Executive Orders by the Governor
• CDHS Executive Director Initiatives

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Typically the enabling authority outlines:

• Membership of the entity
• Appointing authority
• Required meetings
• Duties and responsibilities, including the scope and limits of the board’s authority

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State Laws Affecting Boards

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Section 4

Colorado Open Meetings Law

Colorado Ethics Laws

Colorado Open Records Act

Americans with Disabilities Act

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The Colorado Open Meetings Law (C.R.S. 24-6-402), also referred to as the Sunshine Law, requires that all meetings of two or more members of any State public body where any public business is discussed must be open to the public.

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The purpose of the law is to:

• Ensure formation of public policy is public business and is not conducted in secret
• Help ensure transparency in and public access to government

Colorado Open Meetings Law

• All boards, committees, commissions, authorities or other advisory, policy-making, rule-making or other formally constituted bodies and any public or private entity which has been delegated a governmental decision-making function are included under the law
• Administrative meetings (i.e. meetings between staff) are not required to be open

Who is Covered Under the Law?

2. Open Meetings

1. Public Notice

3. Meeting minutes and transparency

3 Components

of the Law

• Public notice is a notification posted in a public space so that everyone knows when a meeting is taking place
• Public notice used to most often be given in newspapers, but today meeting notices are often published online
• Notice should be posted at least 24 hours in advance
• Notice must be given prior to all meetings
• Agenda information should be included when possible

When Must Public Notice be Given?

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• Members are responsible for working with the board staffer/Director to plan meeting schedules in advance so that notice is possible

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• The staffer/Director is responsible for noticing all meetings on the CDHS website and sending notices to stakeholders

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1. How Can I Comply with the Public Notice Requirement?

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• Essentially, all board meetings are public meetings
• All meetings of two or more members of any public body where any public business is discussed must be open to the public
• A meeting can take place in any format, including:
• In person
• By phone
• By electronic communications
• Includes but not limited to email, text, Skype/video conferencing
• The law explicitly states that emailed messages discussing government business constitutes a meeting and are subject to the law, so it is best to not conduct business via email

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2. What is an Open Meeting?

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• Social gatherings if discussion of public business is not the purpose
• Staff communicating logistical information to members
• Executive sessions, which can only occur under special circumstances and must be clearly documented. Consult the CDHS Board Member Handbook for more information

What Meetings are Exempt from the Open Meetings Law?

Yes. When two or more members discuss board business, those conversations are subject to the Open Meetings Law. All discussions should involve the board as a whole (or a designated subcommittee)

During breaks, lunch, or after meetings, it may be difficult to stay away from conversations about board business. Are those conversations subject to the Open Meetings Law?

Consider a Couple of Examples:

Ex 1: Two board members walk outside together during a break together and discuss board business or talk about how they are going to vote on the next issue.

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This is a violation of the law. It is best to avoid board business conversations completely when the meeting is not currently in session

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Ex 2: Someone gives a presentation about an issue during the meeting, and then the board breaks for lunch.

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Board members can say something like, “wow, I didn’t know that information,” but they cannot say anything to the effect of, “the board should do X about it” or include the board in any other way in the conversation

What does the law require in regard to meeting minutes?

• Public meetings must be documented, and the public must be able to access the minutes. Staffers/Directors must post meeting minutes on the board’s website

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Who is responsible for documentation?

• CDHS staffer/Director, unless otherwise designated, is responsible for documenting all meetings, including both in-person and phone or video meetings

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How can I comply with these transparency rules?

• You can copy the CDHS staffer/Director on all emails regarding board business. You can also review minutes after each meeting to check for accuracy

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3. Meeting Minutes & Transparency

Colorado Code of Ethics - Overview

• The Code of Ethics applies to CDHS board members (C.R.S. 24-18-108.5)
• The Code of Ethics recognizes:
• The importance of citizen participation in government
• That conflicts may arise between a citizen’s public duty and his or her private interest
• That standards of conduct that address conflicts are beneficial to all residents of the state

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Colorado Ethics Laws

Colorado Code of Ethics - Conflict of Interest

• When conducting business, board members are expected to refrain from:
• Taking actions that serve their personal interests rather than public interests
• Taking official actions as board members that have a direct financial benefit to them personally or to a program for which they work or serve
• If you recognize a conflict of interest, be sure to recuse yourself and let your board and staffer know

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Colorado Ethics Laws

Consider an Example of Conflict of Interest:

Scenario: The Committee reviews grant proposals from domestic violence programs around the state and makes recommendations about programs funded and funding levels.

Conflict of Interest: Some Committee members belong to organizations being considered for funding.

Solution: Committee members identify any applicant programs that might pose a conflict for them before the review process starts, and they declare that information in writing to the board. No member with a conflict reviews a grant, submits a vote, or offers discussion from the program that presents the conflict. Members with a conflict of interest leave the room for the discussion on that program.

Outcome: The members and whole Committee have protected the Committee from conflicts of interest, and funding is evaluated fairly

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Colorado Open Records Act (CORA): Purpose and Definitions

• CORA (C.R.S. 24‐72‐201 to 206) allows citizens to gain access to public records
• CORA is intended to ensure transparency in government affairs
• Definition of "public records" found in CORA includes all writings, books, papers, photographs, tape recordings, and electronic mail made, maintained, or kept by the State, any agency, institution, or political subdivision of the State, and any elected or appointed public official for use in the exercise of functions required or authorized by law

Colorado Open Records Act

• Board records are required to be available for inspection by members of the public upon request. These records include: meeting minutes, official documents such as reports, minutes of telephone conversations about board business, emails and text messages between board members regarding board business
• There are some exceptions, including communications that are personal in nature
• However, as a general rule, board members should err on the side of considering all communications to be potentially releasable, including records related to board business that are kept on a personally owned, private computer

Colorado Open Records Act

• This federal law prohibits discrimination against any person with a disability (Pub. L. No. 101-336, 104 Stat. 328, 1990)
• Applies to all programs, services, and activities of state governments, including meetings of boards and commissions
• This law encourages the participation of all citizens in government activities
• If a person with a disability needs accommodation to participate in a meeting, it is the responsibility of the program staff administering the board to arrange appropriate accommodation

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Americans with Disabilities Act

Board Member Code

of Conduct

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Section 5

Board Member Responsibilities

Even though CDHS has many different types and sizes of boards and commissions, each member is in a unique and valued position to influence programs and policies. As a board member, you have seven main expectations, in addition to those defined by your board. Be sure to talk with your board’s staffer/Director (the CDHS administrative staff person assigned to the board) about your specific board’s expectations and responsibilities

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Board Member Code of Conduct

Congratulations on being appointed to serve one of the Colorado Department of Human Services’ (CDHS) Boards, Commissions, and Councils (Boards). Whether appointed by the Governor or CDHS’ Executive Director, we are honored that you would volunteer to serve the state of Colorado in this way, and look forward to your contributions. Your volunteer service is crucial in CDHS’ work helping the people of Colorado.

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Please find below expectations for Board members. Failure to adhere to expectations in extreme cases may result in removal from a Board. Please always feel free to reach out to your Board staffer with any questions

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Board Member Code of Conduct

Respect – Work collectively and respectfully with other Board members and with CDHS to achieve assigned responsibilities. CDHS’ Boards serve an incredibly diverse set of missions in an array of subject/program areas, and as such CDHS encourages diverse viewpoints to be shared by its Board members. While disagreement may be inevitable, all Board members must be respectful of others’ opinions and any kind of discriminatory behavior, harassment or victimization will not be allowed

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Attendance – Regular attendance is critical in ensuring decisions represent the board as a whole. Please refer to your board’s bylaws for specifics about attendance requirements.

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Preparation – Be sure to adequately prepare for meetings by reviewing reports and other documents provided by your board’s staffer/Director prior to the meeting. Being informed about legislation and other issues affecting your board’s work will also help you make informed decisions.

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Engagement – You are responsible for being engaged in your board’s work. You are responsible for communicating well, participating in discussions, exhibiting a willingness to work with the group and make compromises, and maintaining a professional demeanor

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Obedience of Applicable Laws – You are expected to be familiar with the laws covered during your online training and to ask questions if you do not understand them.

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Board Member Code of Conduct - Cont.

Understanding Your Board – Be sure to check with your Board’s staffer about expectations and requirements for your Board, which usually include:

● Number and times of meetings

● Leadership and organizational structure (chair, officers, committees)

● Decision making procedures (quorums, how decisions are made, adherence to

Robert’s Rules)

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Training – Completion of training and quiz.

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Board Member Terms

• Almost all board members are limited to serving two terms

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• The length of the term varies with each board’s enabling documents and typically range from 1 to 4 years

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• A partial term is when a board member fills a vacancy of someone who resigned midway through his or her term. If a board member serves a partial term, he or she is eligible to serve two full terms in addition to the partial term

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Staff Responsibilities

Section 6

Staff are assigned to administer each board in CDHS and are not usually voting members.

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Staff are responsible for:

• Reviewing and understanding the board’s enabling authority
• Training board members on specific board responsibilities
• Day to day administration of any programs assigned to the board
• Scheduling and noticing board meetings
• Preparing, submitting, and tracking required CDHS documents for travel, accounting, budget, and data for program evaluation
• Writing and keeping records of the board’s:
• Minutes, including decisions made and vote counts
• Correspondence
• Reports, recommendations, or other formal documents

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Staff Responsibilities

Staff serve as the main conduit of information between the board and the Division or Office in which the board is placed. Staff are thus responsible for communicating:

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• Accurate and timely information necessary to the body’s work

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• Decisions, actions, questions, or concerns of the body to CDHS through the supervisory structure, called the clearance process (staff supervisor, Division Director, Office Director, Deputy Executive Director, Executive Director)

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Staff Help Boards Work with CDHS

How Boards and CDHS Work Together

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Section 7

Type 2 boards advise CDHS on programs, budget, and legislation. Be sure to read your board’s enabling documents to understand your board’s specific advisory duties.

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CDHS values your board’s opinions and wants to work with you to deliver the highest quality services and programs.

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Any publications, reports, requests to testify, or similar documents/requests must go through the CDHS clearance process for approval.

How Boards and CDHS Work Together

What is the “Clearance Process”?

The clearance process ensures that the initiatives of the board are in line with CDHS as a whole. Documents that originate from the board must be approved by the Division Director, Office Director, and Executive Director

The clearance process is designed to ensure consistency in priorities across CDHS

Obtaining approval from the entire Department also helps strengthen the board’s policy stance, budget recommendation, etc.

How Boards and CDHS Work Together

Communicating with CDHS

All formal communications from your board must include the following components:

• The issue voted on
• Give background information context of the issue
• Provide the specific question asked when voting
• Vote count
• This shows how much the board supports or opposes a particular issue
• You may also include the date of when the vote was taken. Meeting minutes must reflect the vote was taken
• Signature of chair and/or vice chair
• This make the vote valid and shows that the vote was taken by the entire board, not a single committee or small group
• If the chair is unavailable, the vice chair may sign

How Boards and CDHS Work Together

Communicating with CDHS

All formal communications from your board must include the following components:

• The issue voted on
• Give background information context of the issue
• Provide the specific question asked when voting
• Vote count
• This shows how much the board supports or opposes a particular issue
• You may also include the date of when the vote was taken. Meeting minutes must reflect the vote was taken
• Signature of chair and/or vice chair
• This make the vote valid and shows that the vote was taken by the entire board, not a single committee or small group
• If the chair is unavailable, the vice chair may sign

How Boards and CDHS Work Together

Final Step to Complete Training:

Take the quiz!

You must correctly answer 8 out of the 10 questions.

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Questions?

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Kyle Zinth�CDHS Boards and Commissions Administrator�kyle.zinth@state.co.us�(720) 602-6807

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THANK YOU.

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