Citizens Advisory Committee (CAC) Bylaws

Citizens Advisory Committee

Preamble
1. The Denver Board of Water Commissioners recognizes that there is a need for full and timely public participation in the decision making process of the Board on important Board activities and, to ensure that participation, it has agreed to create a Citizens Advisory Committee (CAC) with a substantial degree of independence.
2. Under the Denver City Charter, the Board has not and legally cannot delegate to the CAC any responsibility placed upon the Board by law.
Mission Statement
1. It is the mission of the Citizens Advisory Committee to advise the Board:
  1. on matters of interest to the CAC;
  2. on matters of citizen participation; and
  3. to facilitate public review and discussion of Board plans.
Composition of the Citizens Advisory Committee
1. Size of the CAC – 10 members. (Amended December 2007)
2. Terms of Membership:
  1. Term of membership is to be three years. Terms will be staggered.
  2. Maximum service – A member shall be limited to two successive terms without a break in service of at least one year.
3. Qualifications and Appointment of CAC Members:
  1. Appointing authority. The Denver Water Board shall be the appointing authority for the Citizens Advisory Committee, subject to the recommendations which follow.
  2. CAC leadership. The Citizens Advisory Committee leadership shall be composed of two members of the CAC, a Chairperson and a Vice-Chairperson. The Chairperson and Vice-Chairperson positions shall be elected in November by members of the CAC for a term of one year running from January to December. In the event of a vacancy in the Chairperson’s position, the Vice-Chair will take up the position and a new Vice-Chairperson will be elected by the CAC. Vacancies shall be filled within thirty (30) days of vacancy.
  3. Nomination procedure:
    1. Geographical balance – The four customer positions (three from Denver and one from the suburban service area), the suburban water distributor and the two representatives from the West Slope all must be from those geographical areas. The person representing the public interest group must be supplied with water from Denver Water, but may live either inside or outside the City and County of Denver. The representative from the Home Builders Association (HBA) of Metropolitan Denver must be an active member of the HBA. The environmental group representative must be an active member of an environmental organization. The overall composition of the CAC will consist of at least five Denver residents. (Amended December 2007)
    2. Required representation – The membership shall include persons who represent the following groups: Denver citizens (3), a suburban customer, a member of the HBA of Metropolitan Denver, an environmental group, a public interest group, a suburban water distributor and and two West Slope residents. The West Slope representatives may reside in Summit, Grand, Eagle, Mesa, Delta, Montrose or Garfield Counties; however, both may not reside in the same county. The West Slope representatives should reflect both geographical diversity and diversity in background, experience and perspective regarding issues for the West Slope that impact Denver Water (i.e., watershed management, agriculture, forestry health, etc.). (Amended December 2019).
    3. Proposals for nominations – Proposals for nominations may be submitted to the Citizens Advisory Committee by any interested individual, organization, or governmental entity, after the existence of open position(s) has been publicized.
    4. Who makes the nominations – Nominations shall be made by the Citizens Advisory Committee itself. The West Slope representatives shall be selected from the proposals for nomination of any interested individual, organization, or governmental entity including Regional Council of Governments from that area.
    5. Number of nominations – For each of the 10 positions there shall be a maximum of two nominees submitted to the Denver Water Board of Commissioners for each position. The Board shall choose the membership of the Citizens Advisory Committee from among the nominees for that position, no later than November of the year preceding the appointment. If the nominations for any particular position are deemed to be unacceptable to the Board, it is recommended, but not required, that the Board will indicate to the CAC in writing reasons for the nominees' unacceptability, and the CAC will submit further nominations for the Board's consideration. (Amended December 2007)
    6. Selection – Interviews of candidates by the CAC shall occur at an open meeting, but deliberations regarding the candidates may be at a closed meeting. It is recommended that the Board interview nominees at an open meeting, but deliberate in choosing among the nominees in a closed meeting.
    7. Vacancies upon expiration of term or otherwise nominations to fill any vacancy on the CAC shall be made in accordance with the provisions of this section 3; provided, that the CAC may select its nominees from the proposals for nominations for the particular vacancy or vacancies to be filled if said proposals were received by the CAC within 11 months prior to the making of such nominations and if said proposals were received in response to publicizing of the existence of open positions in the particular categories of eligibility in which said vacancy or vacancies are to be filled. In the event of a failure to provide nominations to the Board for any vacancy in the CAC within 90 days of notification of said vacancy, the Board shall thereafter be free to appoint any person, having the qualifications set forth in these bylaws, to fill such vacancy.
  4. General Qualifications. All CAC members have the following general qualifications:
    1. Except for the representatives from the West Slope, the Environmental Group and the HBA of Metropolitan Denver, all CAC members shall be users of Denver water in their private residences.
    2. Each member of the CAC shall be a United States citizen and a resident of Colorado for five years or more.
    3. Each member of the CAC shall have contact with constituents from the group/area they represent.
    4. No employee of Denver Water or member of the Board shall be a member of the committee during the term of his/her employment or membership.
    5. Removal of CAC Members. CAC members shall serve in accordance with the provisions of these bylaws. Any CAC member who shall incur three consecutive absences from regular meetings without good cause shown may be removed from the CAC by the majority of the remaining members.
Recommended Operating Procedures of the Citizens Advisory Committee
1. Associate Memberships and Committees:
  1. In order to assure a maximum level of public participation, "associate membership" on the CAC shall be available to anyone filing a written application at any time with the Citizens Advisory Committee. By retaining such membership, an associate member would be in a position to provide opinions to the advisory committee for consideration by that committee and by the Board. There shall be a method for periodic updating of membership roles should lack of interest occur in an associate member.
  2. It is anticipated that appointment of associate members to ad hoc committees and subcommittees, task forces, etc., will be undertaken and that they be utilized in various areas and for such periods of time as needed, such as:
    1. Conservation Programs;
    2. Rates;
    3. Specific Diversion and Supply Projects;
    4. Projections;
    5. Economic Analysis;
    6. Extensions of the Distribution System;
    7. Policy for New Taps;
    8. Channelization Projects;
    9. Flow Management;
    10. Coordination with Other Agencies;
    11. Long Range Planning; and
    12. Other Areas as Necessary.
  3. It is intended that the CAC and Subcommittees, as well as task forces, will be citizen participatory entities in regard to the areas of concern but will not be authorized to employ consultants or engage in technical or engineering studies at Denver Water Board expense.
2. Citizen Participation – Citizen participation techniques shall be stimulated by use of the following when necessary:
  1. Public meetings All CAC meetings shall be open to the public and the CAC may receive comments from the public if it so desires. The following types of meetings should be considered:
    1. Working Meetings;
    2. Open Meetings;
    3. Forums;
    4. Workshops; and
    5. Public Hearings.
  2. Other techniques:
    1. Written communications including articles in Denver Water publications;
    2. Utilization of existing organizations of all types;
    3. Monitoring developments; and
    4. Mediation contacts.
3. Procedures – The following procedures shall be implemented to assist in and facilitate public review and discussion of Board plans:
  1. Statement of Issues and of Findings – The CAC shall proceed as follows in stating issues or findings:
    1. Any statement of issues and any statement of findings may be delivered to the Board, to the news media or to others as appropriate, but in all instances the Board shall receive such information in sufficient time prior to its release to others to allow the Board to comment thereon to the CAC.
    2. Statement of issues and any statement of findings shall record the vote of the members. Voting may occur when a quorum (6) is present and both the majority and minority opinions will be recorded. (Amended December 2007)
    3. The value of minority opinions is recognized and such opinions and reports are to be encouraged. Minority opinions and reports shall be allowed and shall be released concurrently with the majority reports. Members espousing minority viewpoints shall have access to support facilities equal to that of persons espousing majority viewpoints.
  2. Access to Board data and information – CAC access to Board data and information shall be assisted.
    1. The Denver Water Board has agreed to make available to the members of the Citizens Advisory Committee, and through the CAC to the public in general, its present and future plans, financial records, information and studies (with the exception of confidential information relating to property acquisition and other property matters; confidential litigation matters (judicial or administrative) and documents subject to the attorney-client privilege; personnel records; and other material exempt from disclosure by law). A program of making available to the public such plans, records, information, and studies will be developed by the Water Board in concert with its Citizens Advisory Committee. No CAC member shall copy or reveal the contents of any restricted document submitted for review.
    2. Requests for access by the CAC to Board data and information shall be submitted by the chairperson of the CAC to the President of the Board, or their official designee.
Role of the Citizens Advisory Committee and the Scope of its Work
1. Provide advice on the use and effectiveness of citizen participation techniques by the Board.
2. Assist in and facilitate public review and discussion of Board plans.
3. Participate with the Board in developing a program of making plans, records, information and studies available to the public.
4. Advise the Board in planning for issues of interest to the CAC including but not limited to supply, treatment and distribution of water.
5. Provide consultation to the Board for establishing a mechanism for assuring that the reaction of interested agencies and individuals to Board proposals, such as rate changes, conservation activities, recreation issues, distribution system extension, construction of projects to develop or expand supply facilities, etc., will be recorded and made available early in the planning process to the Board members and staff responsible for formulating decisions.
6. Provide advice to the Board on minimizing adverse fishery and recreational impacts.
7. Provide advice to the Board on management of stream flows.
8. Provide advice on developing a program to achieve timely consultation with affected property owners and interested groups and agencies, on matters dealing with channelization or management of flows.
9. It is recommended that no later than April of each year, the CAC will develop an annual work plan with specific activities defining its scope of work. The CAC is not limited to these activities during the course of the year.
Amendment of Bylaws
Upon adoption of these bylaws by the Water Board, they shall govern all actions of the Citizens Advisory Committee. Amendment to any provisions of these bylaws may be effected by the Board upon the recommendation of at least two thirds of the members of the CAC .