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HomeMy WebLinkAbout16373Docusign Envelope ID: 23332D5C-0763-88AC-83EF-B1 B3A3C3BCE7 RESOLUTION NO. 16373 A RESOLUTION APPROVING AMENDED BY-LAWS OF THE PUEBLO HOMELESS COMMISSION WHEREAS, the City of Pueblo is a home rule municipality organized and existing under Article XX of the Colorado Constitution, which vests in home rule municipalities plenary authority over matters of local concern, including the organization and administration of municipal advisory commissions; and WHEREAS, the Pueblo Homeless Commission ("PHC") was established as an advisory commission to the Mayor and City Council of Pueblo to propose policies and best practices related to the mission of the Commission, and its By -Laws were previously adopted by City Council; and WHEREAS, the PHC has voted to recommend amendments to its By -Laws to correct the stated voting membership from ten to nine members, add a member commitment to comply with the Commission's adopted policies and procedures, and add attendance records to the Secretary's recordkeeping duties; and WHEREAS, the Mayor has reviewed and approved the proposed amended By -Laws of the Pueblo Homeless Commission; and WHEREAS, the City Council finds that the proposed amended By -Laws, attached hereto, are in the best interests of the City of Pueblo and consistent with the purposes of the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1 The Amended By -Laws of the Pueblo Homeless Commission, a copy of which is attached hereto and incorporated herein by reference, having been reviewed and approved as to form by the City Attorney, are hereby approved. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and the attached Amended By -Laws to effectuate the policies and procedures described therein. Docusign Envelope ID: 23332D5C-0763-88AC-83EF-B1 B3A3C3BCE7 SECTION 3. This Resolution shall become effective immediately upon final passage and approval. Sqgned by: ATTESTED BY: vft Mush DEPUTY CITY CLERK INTRODUCED: July 13, 2026 Brett Boston MEMBER OF LjXjPQyNCIL APPROVED: PRESIDEN COUNCIL Docusign Envelope ID: 23332D5C-0763-88AC-83EF-B1 B3A3C3BCE7 City Clerk's Office Item # M14 COUNCIL MEETING DATE: July 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Harley Gifford, Deputy City Attorney SUBJECT: A RESOLUTION APPROVING AMENDED BY-LAWS OF THE PUEBLO HOMELESS COMMISSION SUMMARY: The attached Resolution approves amended By -Laws of the Pueblo Homeless Commission ("PHC"), an advisory commission to the Mayor and City Council. The Commission approved the amended By -Laws on June 5, 2026. The amendments correct the stated voting membership in Article IV from "ten (9)" to "nine (9)" members, add a new Article V, Section 2(f) committing members to comply with the Commission's adopted policies and procedures, and add "attendance records" to the Secretary's recordkeeping duties in Article VII. PREVIOUS COUNCIL ACTION: On January 28, 2019, by Resolution No. 14151, the City Council created a Commission on Homelessness and appointed co-chairs and members thereto. On October 15, 2019, by Resolution No. 14299, the City Council rescinded Resolution No. 14151, created the Community Commission on Housing and Homelessness, adopted bylaws, and appointed co-chairs and members thereto. On June 9, 2025, by Resolution No. 16009, the City Council rescinded Resolution No. 14299, created the Pueblo Homeless Commission, adopted bylaws, and appointed a Chairman thereto. BACKGROUND: The Pueblo Homeless Commission is an advisory body to the Mayor and City Council, charged with proposing policies and best practices related to the Commission's mission. The Commission's principal office is located at the Office of the Mayor, 1 City Hall Place, 2nd Floor, Pueblo, Colorado 81003. Docusign Envelope ID: 23332D5C-0763-88AC-83EF-B1 B3A3C3BCE7 The Commission approved the following amendments to its By -Laws on June 5, 2026. correcting Article IV, Section 2 to state the voting membership as nine (9) members, consistent with the nine -member composition already listed in that section; adding Article V, Section 2(f), under which members commit to abide by the Commission's adopted policies and procedures; and adding "attendance records" to the Secretary's recordkeeping duties in Article VII, Section 4. FINANCIAL IMPLICATIONS: There are no financial implications for the City. Commission members serve without compensation. BOARD/COMMISSION RECOMMENDATION: The Pueblo Homeless Commission voted to recommend these By -Laws amendments to the Mayor and City Council. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, the Commission's By -Laws will remain as currently adopted. The Commission's By -Laws at Article VIII, Section 1 provide that By -Laws take effect only upon City Council adoption. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. CAO approved CPHC Bylaws By -Laws ARTICLE I NAME The name of this organization shall be the City of Pueblo Homeless Commission. ARTICLE II ORGANIZATION Section 1: Definitions As used herein, the following terms shall have the meaning set forth below: "CPHC" shall mean the City of Pueblo Homeless Commission. A quorum shall mean 50% of the number of current commission members plus one. Business leader shall mean a business owner, or board member or individual in a leadership position with the Greater Pueblo Chamber of Commerce, or the Latino Chamber of Commerce of Pueblo. Functional zero shall mean when the number of people experiencing homelessness is less than the city's capacity to provide them with housing and services. Section 2: Authority The City of Pueblo Homeless Commission ("CPHC") is hereby established as an advisory Commission to the Mayor and City Council of Pueblo to propose policies. Section 3: Existence The Commission shall remain in existence until such time as dissolved by the Mayor and City Council. Section 4: Mission The mission of the CPHC is to establish a better quality of life for the unhoused community in Pueblo while striving for functional zero. Section 5: Principal Office The principal office of CPHC shall be located at the Office of the Mayor, 1 City Hall Place, 2nd Floor, Pueblo, CO 81003 Section 6: Organizational Year The fiscal year of the Organization shall commence January 1 st and terminate December 31 st each year. Section 7: Discrimination No person or organization shall be excluded from participating in, be denied the benefits of, nor be subject to discrimination by the CPHC, based on the grounds of race, ethnicity, nationality, religion, creed, gender, sexual orientation, disability or age. ARTICLE III FUNCTIONS AND RESPONSIBILITIES, POWERS AND DUTIES, AND POLICY GUIDELINES Section 1: Functions and Responsibilities The functions of the Commission shall be to propose policies and best practices related to the mission of this commission. The CPHC shall report to City Council no less than every three (3) months regarding proposed policies, best practices, and progress related to mission of this commission. Section 2: Powers and Duties The powers and duties of the Commission shall be as follows: a) Appoint such officers and such subcommittees as needed, to aid CPHC in fulfilling its mission. b) To provide reports to City Council upon their request. c) To request that the Mayor approve, and City Council adopt, By-laws and rules as necessary to fulfill the intent of the Commission. ARTICLE IV SIZE, COMPOSITION, AND APPOINTMENT PROCEDURES Section 1: Size of the CPHC The number of CPHC voting members appointed by the Mayor, subject to confirmation by the City Council, shall be no more than 9 members. Section 2: Composition of the CPHC a) CPHC shall be composed of no more than ten (9) members allocated as follows: b) Pueblo City Council Member (1), Pueblo Police Sergeant DICE (1), Pueblo Shelter CEO/Manager (1), Service Provider (Health Solutions)(1), Community Business Leaders (3), and Members of Public (2). Section 3: Vacancies a) Vacancy Occurrence. A vacancy on the CPHC shall occur upon the resignation, removal, or death of a member or the expiration of a member's term. b) Filling Vacancies of the Assigned Membership. When a vacancy of the CPHC Membership occurs, the Mayor, subject to confirmation by City Council, shall appoint a replacement. ARTICLE V CPHC MEMBERSHIP TERMS Section 1: Length of Service a) Term Length. 1. City Council Member's appointments shall be for a term of one (1) year. 2. Pueblo Police Sergeant DICE Member shall be a permanent appointment. 3. Pueblo Shelter CEO/Manager shall be a permanent appointment. 4. Service Provider's appointment shall be for a term of two (2) years. 5. Community Business Leader's appointment shall be for a term of two (2) years. 6. Community At -Large appointment shall be for a term of four (4) years. b) Term Renewal_ CPHC members may serve additional terms if appointed and confirmed subject to City Resolution 413614. c) Replacement Term Length. In the event of a vacancy, the appointed replacement's term shall be for the remainder of the unexpired term. Section 2: Membership Responsibilities a) Attendance. CPHC members are expected to attend all regularly scheduled meetings. b) Absences. Absences will be identified as "excused" or "unexcused." An absence is considered "excused" if the member notifies the Chair of the Commission prior to the scheduled meeting with a legitimate reason for the absence, including, but not limited to, illness, family emergency, employment obligations, or being out-of-town. In the case of an emergency where prior notice of the absence in not possible, subsequent notice may be made up to three (3) days after the absence. In such case, the absence will be deemed as an "excused" absence. If there is no notification as described above, the absence will be deemed to be "unexcused." c) Compensation. CPHC members shall serve without compensation. d) Preparation. CPHC members shall review all materials prior to CPHC meetings and shall be prepared to engage in thoughtful discussion and evaluation. e) Declaration of Conflicts of Interest. CPHC members will declare any conflicts of interest and recuse themselves in such instance. In all instances, conduct of the CPHC will comply with the Code of Ethics of the City of Pueblo, PMC Sec. 1-9-1 et seq. Section 3: Member Removal a) CPHC members shall be subject to removal for the following reasons: 1) Three (3) unexcused absences or six (6) total absences from regular meetings in a period of twelve (12) consecutive months. 2) If a CPHC member is unfit for reasons including, but not limited to, non-performance of responsibilities, inefficiency, or misconduct. ARTICLE VI MEETINGS AND PROCEDURES Section 4: Regular and Special Meetings a) Regular Meetings. The CPHC shall have regular meetings monthly at the City Council Chambers at a time determined by the CPHC on the first meeting of each calendar year, unless such meetings are cancelled due to lack of a quorum or for other reasons determined by the CPHC. b) Special Meetings. A special meeting maybe convened at the discretion of the Commission Chair. The Chair shall determine the time, date, and location of any special meeting. CPHC Commission members will be given notice by electronic mail at least three (3) days prior to the special meeting specifying the time, date, location, and nature of the special meeting. c) Meeting Notifications. Postings for regular and special meetings of the CPHC will be by physical posting at the Office of the City Clerk located in City Hall. Section 2: Procedures a) Quorum. A quorum of the Commission must be present for any action to occur at either regular or special meetings. A quorum shall consist of 50% of current members plus 1. b) Voting. Each voting CPHC member shall have one vote. Voting by proxy shall not be allowed. CPHC will strive for consensus and consider public input prior to voting, however a simple majority of the Commissioners present shall be sufficient for deciding a matter before the Commission. c) Minority Report. Any vote that will result in a recommendation to the Mayor, City Council, or County Commissioners that does not receive 66% of the total Commission vote, shall result in the need for a minority report to be provided to the elected officials being advised. The minority report shall be drafted by the CPHC Secretary and include the opinions and point of view of the Commission members who were in the minority. ARTICLE VII OFFICERS Section 1: CPHC Officers CPHC shall be Chaired by a Pueblo City Council Representative with a Vice Chair voted in by the Commission. The office of Secretary shall be appointed by the Chair. Section 2: Vacancies A vacancy of a CPHC Officer shall be filled by decision of the Pueblo City Council and the City of Pueblo Mayor's office as appropriate. Section 3: Duties of the Chair a) Preside at all meetings of the Commission. b) Represent or appoint a member of the CPHC to communicate with the public, media, City Council, Board of County Commissioners, and Mayor's Office. Section 4: Duties of the Vice Chair a) Preside at meetings of the Commission as needed in the Chair's absence. Section 5: Duties of Secretary The Secretary shall keep, or cause to be kept, at the principal office of CPHC, the bylaws, minutes of all meetings, a current membership list containing names, titles, employers, telephone numbers, and email addresses of all CPHC members, as well as any additional documents of importance. ARTICLE VIII ADOPTION OF BYLAWS Section. 1: Adoption These By-laws shall become effective upon adoption by the City Council Section 2: Amendment By a simple majority vote of the CPHC voting membership, CPHC may recommend to the City Council that these By-laws be amended, provided that written notice setting forth the text of the proposed amendment shall be sent to CPHC members at least ten (10) days prior to a designated voting meeting. No amendment of these By-laws shall take effect until final action thereon by the Mayor and City Council.