HomeMy WebLinkAbout07830As Amended
July 14, 2008
ORDINANCE NO. 7830
AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 3 OF TITLE XI OF THE PUEBLO
MUNICIPAL CODE RELATING TO REMOVAL OF MEMBERS OF THE PUEBLO LIQUOR
AND BEER LICENSING BOARD
WHEREAS, the current provisions of Section 11 -3 -5, P.M.C., require the automatic removal
of a member of the Pueblo Liquor and Beer Licensing Board ( "Board ") for failure to attend three (3)
consecutive meetings. This provision provides no exception where such absence(s) are beyond
the control of a Board member or are, otherwise, for good cause.
WHEREAS, removal for absenteeism is important to assure an orderly administration of the
business of the Board; however, an exception should be made where good cause exists for any
such absence so that the Board may retain the benefit of qualified and experienced members.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1 _
Section 5 of Chapter 3 of Title XI of the Pueblo Municipal Code is hereby amended to read
as follows:
Sec. 11 -3 -5. Members.
(a) The Liquor and Beer Licensing Board shall consist of five (5) members to be
appointed by the City Council by resolution. Four (4) members shall be initially appointed
for staggered terms expiring on the first day of August as follows: one (1) member for a
one -year term, one (1) member for a two -year term, one (1) member for a three -year term,
and two (2) members for four -year terms, or in lieu of one (1) member for a four -year term,
a member of the City Council may be appointed for an indefinite term. Thereafter, each
member shall be appointed for a term of four (4) years. At the Board's first regular meeting
in August 1978 and in August each year thereafter, the Board shall appoint one (1) of its
members to act as Chairman of the Board. The City Council shall make an appointment for
any unexpired term in the event a vacancy arises.
(b) Any member of the Board may be removed by the City Council for
nonattendance to duty or for cause [and shall be automatically removed for failure to attend
three (3) consecutive meetings of the Board]. Any member who fails to attend three (3)
consecutive meetings of the Board shall be removed from the Board, unless the City
Council excuses any such absences.
SECTION 2
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED June 23, 2008
BY Vera Ortegon
Councilperson
APPROVE 9—Z.
i i l� l F'erf runui
A S ECG lay,
� CLERK
PASSED AND APPROVED: July 14, 2008
Background Paper for Proposed
ORDINANCE
DATE: June 23, 2008
DEPARTMENT: Law Department
7930
- ;?-7
AGENDA ITEM #
TITLE
AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 3 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE RELATING TO REMOVAL OF MEMBERS OF THE PUEBLO
LIQUOR AND BEER LICENSING BOARD
ISSUE
Should the City Council pass and approve the proposed Ordinance?
RECOMMENDATION
Pueblo Liquor and Beer Licensing Board recommends that City Council pass and approve
the proposed Ordinance.
BACKGROUND
The current provisions of Section 11 -3 -5, P.M.C., require the automatic removal of a
member of the Pueblo Liquor and Beer Licensing Board ('Board ") for failure to attend three
(3) consecutive meetings. This provision provides no exception where such absence(s)
are beyond the control of a Board member or are, otherwise, for good cause.
The Board, unlike many other boards and commissions, meets twice a month as opposed
to once a month. The automatic removal of a Board member for failing to attend three
consecutive meetings is unnecessarily restrictive and may result in the loss of qualified and
experienced members who through no fault of their own are unable to be present during a
one and one -half month period.
The proposed Ordinance addresses this issue by allowing the President of Council to
retain any such member when there is good cause for the member's absence.
FINANCIAL IMPACT
None