Boards and Commissions Member Guide

The State of Colorado government has more than 300 governor-appointed boards and commissions. CDHS directly oversees about a dozen governor-appointed bodies and dozens of internally appointed bodies. There are two main types of boards and commissions: Type 1 and Type 2.

Additionally, boards are categorized according to who created them, their appointing authority, in which agency they are housed, and whom they advise. These categories are interagency and internal, and the details for each are outlined below.

What are my responsibilities as a board member?

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. There are four main expectations of all board members, in addition to those defined by your board. Be sure to talk with your board’s administrator, who is usually a CDHS staff member, about your specific board’s expectations and responsibilities.

• 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. 
• Preparation: Prepare for meetings by reviewing reports and other documents provided by your board’s administrator prior to the meeting. Being informed about legislation and other issues affecting your board’s work will help you make informed decisions. 
• Engagement: Be engaged in your board’s work. You are responsible for communicating clearly, participating in discussions, exhibiting a willingness to work with the group and make compromises, and maintaining a professional demeanor.
• Adherence to Open Meetings Law, Colorado Open Records Act, and Ethics Code: Be familiar with the laws and ask questions if you do not understand them.

Once I am appointed or reappointed to a board, what training do I need to complete? 

You need to complete the CDHS boards and commissions online training and quiz, which should take you about 30 minutes.

After you receive notice that you have been appointed, the board administrator will contact you regarding the next meeting and specific board information, so look for that information. 

Will I be compensated?

Matters such as travel and time compensation are included in each individual board’s enabling statute or documents, so be sure to ask your board administrator for details about reimbursement.

What types of recommendations may boards make to CDHS, the governor and the General Assembly?

Boards should follow their enabling documents/statutes regarding what types of recommendations are required. In general, Type 2 boards advise the CDHS Executive Director on policy, programmatic changes, planning, budgeting, personnel, duties, records, and other matters. Many Type 2 boards submit regular reports to the Executive Director, Governor, and General Assembly regarding the board’s activities and recommendations. Please check your board’s enabling documents and by-laws for details on if and when reports are required.

Boards may submit recommendations to the Executive Director about policy and approaches in general so that when a particular issue arises, the Executive Director already is aware of the board’s position.

Boards must use the procedures identified below to make recommendations.

May boards make recommendations to the governor and General Assembly during the legislative session?

Yes. Boards may submit recommendations through CDHS to the Governor and General Assembly to support or oppose existing legislative initiatives during a legislative session. CDHS boards may not submit recommendations directly to the Governor or General Assembly.

To submit recommendations through CDHS, the board must follow the CDHS clearance process. The clearance process is an internal way to ensure consistency in priorities across CDHS. Going through clearance means the Executive Director has approved the request.

What are the procedures for a Type 2 board to submit recommendations through CDHS to the Governor and General Assembly, particularly in regard to legislation?

Type 2 boards advise CDHS, and many are also charged by their authorizing statutes with advising the Governor and/or General Assembly. Because Type 2 boards are housed within CDHS, it is important that program and policy recommendations communicated from a board to the Governor and General Assembly align with the CDHS’s strategic priorities. The procedure outlined below identifies the steps necessary to make recommendations and/or communicate with the Governor and/or the General Assembly.

Please note CDHS has limitations related to altering the State budget or initiating new legislation. For example, CDHS does not have the authority to make recommendations for allocations to other organizations or other State agencies. Another limitation is that CDHS has a set number of legislative initiatives it may propose in a given legislative session and must prioritize legislative and budgetary requests.

What are the steps for creating recommendations?

Step 1: Schedule a vote

• Whenever possible, the board will use its normally scheduled board meetings to conduct a vote related to program or policy recommendations.
• If the board Executive Committee or Chair determines that action is needed prior to the next scheduled full meeting of the board, the board administrator and Chair of the board shall initiate a phone conference call or in person meeting of the board, separate from a regularly scheduled meeting. At least 24 hours prior to the meeting, the meeting notice must be posted by the board administrator on the board’s website to comply with the Colorado Open Meetings Law, and notice will be given to all board members and the public.

Step 2: Conduct a vote

• A quorum must be met in order for the board to take a vote on the proposed policy action or issue.
• The vote count must be recorded in the minutes.

Step 3: Write a letter and submit it to the executive director

• If a majority of board members present vote to take action, the Chair or Vice Chair will promptly provide a request to support the action in writing, through CDHS’s clearance process, to the CDHS Executive Director for review.
• The Executive Director will review the request and will respond in a timely manner.

Step 4: Executive director will provide approval or ask for more discussion

• If the Executive Director provides approval to the board to communicate their recommendation or action to the Governor and/or General Assembly, the board may deliver it by written letter, electronic letter, hand delivered, and/or phone communication, including testifying at legislative committee hearings and attending bill signing ceremonies if invited.
• If the Executive Director does not approve the board’s request, the board administrator will notify the Chair or Vice Chair who will notify the board members, and the communication will not be sent to the Governor, General Assembly, or requested audience. The Executive Director will have a conversation with the board to discuss differences of opinions and strategic approaches to reach consensus about a particular strategy moving forward.

What must a recommendation/request letter to the CDHS Executive Director include?

All recommendation/request letters sent by boards requesting approval from the Executive Director must include the following components:

• Background information on the issue
• Solid reasoning backed by data for the request/recommendation
• A brief description on how the request/recommendation aligns with the CDHS’s mission and values
• The vote count of the board
• The meeting date the vote occurred (the vote must appear in the minutes of that meeting)
• A copy of the meeting minutes may be included with the letter but is not required
• The specific request/recommendation, such as the desire to communicate with legislators, including testifying, or support or opposition to a strategy or policy
• The signature of the board Chair (or Vice Chair if the Chair is unavailable). Unsigned letters will be considered invalid

For budget requests, boards may ask for funding on a year-to-year basis (ongoing request), or they can request one-time funding (one-time request). Ongoing requests are more difficult to obtain approval by the legislature because such requests require legislators to commit to funding for future legislators by appropriating money beyond their own terms. Be sure to make clear in the letter to the Executive Director how the board would like the money distributed over time.

What is the timeline for a board to make recommendations about the budget?

The following timeline begins in January for recommendations affecting the following fiscal year, which start in July of the next fiscal year. Budget recommendations from boards, like all recommendations, must go through the CDHS clearance process.

When may board members communicate with legislators as representatives of the board?

Board members may not lobby legislators, but they may share positions or recommendations in order to inform legislators. Board members may only share information with legislators on behalf of the board when that information has been voted on by the board and approved by the CDHS Executive Director. In other words, board members may testify in legislative hearings as representatives of the board only after a letter requesting to do so has been approved by the Executive Director.

Board members may not ask legislators directly to support or oppose legislation, change legislation, or sponsor legislation. Such actions constitute lobbying (see the next question for further explanation).

Only if board members clearly identify that they are speaking as public citizens and not as members of a board, board members may speak to legislators, testify in hearings, and engage in government without approval from the Executive Director. For instance, when testifying in a legislative committee, board members may introduce themselves as public citizens and may share their personal opinions on a matter.

If there is a legislator on the board that a board member would like to speak to as a public citizen, it is best to schedule a meeting entirely outside a regular board meeting to do so. This will clarify that the board member is not lobbying on behalf of the board as a whole and therefore not violating boards and commissions policies.

What is the difference between lobbying, advocating, and making recommendations?

People who lobby or advocate formally belong to an organization that has a specific agenda. Lobbyists and advocates are paid for influencing policy or programs. Conversely, individuals and groups who are representatives of an organization that does not have a specific policy agenda are making recommendations, not lobbying or advocating; these representatives are not paid. Type 2 boards and commissions are not charged with lobbying or advocating but rather with making recommendations.

Board members act as agents of the State government and are forbidden from lobbying.

May board members talk to community members about the board’s work?

Yes! Board members are encouraged to engage community members and stakeholders, which will help members connect with the public and form more well-rounded perspectives about the issues under consideration. 

Do I need to complete a new application if I am applying for re-appointment?

Yes. You must complete a new application to be considered for re-appointment.

Will my application be kept on file? 

Yes. The Governor’s Boards and Commissions Office and the CDHS Boards and Commissions Office keep your application on file for two years, during which time you may be considered for vacancies on boards other than the one to which you applied. 

Does having a felony disqualify me from serving on a board? 

No. A felony on your record does not automatically disqualify you from serving on a board. Failing to disclose a felony on your application will disqualify you. 

How do I apply? 

If you are interested in applying for an inter-agency board or commission (one that was created by the Governor or General Assembly), you should apply online through the Governor’s Boards and Commissions Application.

If you would like to apply for an internal board or commission (one created by CDHS), fill out the CDHS Boards and Commissions Position Application.

How do I resign from a board?

Members may resign at any time for any reason. Resignations usually occur due to a member’s change in employment, home location, or other variable that makes the member no longer eligible for the position. To resign, submit a letter of resignation to the board Chair and board administrator with the following information:

• Full name of the board
• Reason for resignation
• Date effective
• Signature

What is the Colorado Open Meetings Law?

The Colorado Open Meetings Law, also referred to as the Sunshine Law, generally 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. Under the law (C.R.S. 24-6-402), a "meeting" refers to any kind of gathering convened to discuss public business, whether in person, by telephone, electronically, or by other means of communication. The law explicitly states that emailed messages discussing government business constitutes a meeting and is subject to the law. What is the purpose of the Colorado Open Meetings Law?

The Open Meetings Law informs the methods by which public meetings are conducted. The law states that formation of public policy is public business and is not to be conducted in secret. The law was passed to ensure transparency in and public access to government. No action taken by a public body is valid if it is not in compliance with this law.

Who is covered under the 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 by a body or official are included under the law. Administrative meetings (i.e., meetings between staff and faculty) are not required to be open.

What happens if the Open Meetings Law is violated?

State courts have the jurisdiction to enforce the Colorado Open Meetings Law. If the court finds that a violation occurred, the court can award plaintiff costs and reasonable attorney fees. The court may also invalidate decisions, including resolutions, rules, regulations, ordinances, or actions, at meetings that are found out of compliance with the law.

What are the main components of the Colorado Open Meetings Law?

There are three main components: public notice, open meetings, and meeting minutes and transparency.

What is public notice?

Public notice provides upcoming meeting information to the public. Public notice must be given prior to all meetings where the adoption of any proposed policy, position, resolution, rule, regulation or formal action occurs or at which a majority or quorum is expected to be in attendance.

When must public notice be given?

The public has the right to expect full and timely notice of any and all public meetings. Public notice must be posted in a designated public place, such as the board’s website, no less than twenty-four hours prior to the meeting. The agenda should be included when possible.

There are specific noticing and hearing requirements in the Administrative Procedure Act (APA) pursuant to C.R.S. 24-4-101, et seq., regarding entities that promulgate rules.

How can I comply with the public notice requirement?

Members are responsible for working with the board administrator to plan meeting schedules in advance so that notice is possible.

The board administrator or other designated person is responsible for noticing all meetings on the CDHS website and with stakeholders.

Previous attendees and requestors of notice should be noticed for two years. The board administrator maintains a notice list.

What is an open meeting?

Essentially, all meetings are public meetings. The law states 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. A meeting between two or more members can take place in any format, including: in person; by phone; by electronic communications, including but not limited to email, text, and videoconferencing.

What meetings are exempt from the Open Meetings Law?

The following meetings are exempt:

• Social gatherings and chance meetings are exempt from open meetings regulations if discussion of public business is not the purpose
• Staff communicating logistical information to members
• Executive sessions, which have specific rules. Executive sessions:
  • Must be held at a public meeting of the body
  • Require 2/3 vote of the body to enter
  • Require audio recording of the executive session
  • Require the nature of the content of the executive session be enumerated in the minutes of the public meeting
  • Can only be held under the following circumstances:
    • Discussing employment or investigative issues regarding a public official or employee, other than a member of the body
    • Meeting with the body’s attorney to receive legal advice, when the 
      attorney determines it is necessary
    • Considering the sale, transfer, lease or acquisition of real property
    • Discussing matters required to be kept confidential by state or federal law or security arrangements ; and
    • When specific bodies, such as the State Board of Parole, have specific exceptions in statute

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?

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).

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

Take another example: someone gives a great presentation about an issue during the meeting, and then the board breaks for lunch. 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.

Boards may be involved in nominating new members. Are discussions about the applicants and nominations still subject to the Open Meetings Law?

Yes. Nominations qualify as board business, and all meetings about nominations must be publicly noticed and open to the public. The board administrator can provide hard copies of applications to board members, but those applications are not to be distributed via email or taken outside the meeting for any reason in order to protect applicants’ privacy as much as possible while still abiding by the law. This process is similar to how the Colorado Senate handles confirmations.

What if the board wants to interview an applicant over the phone before making appointment recommendations?

If two or more board members want to interview an applicant, then that meeting, even if it is a phone call, must be publicly noticed with the call-in number and with minutes. However, if one board member wants to conduct an interview, then that interview does not have to be publicly noticed or have minutes. The one board member can then report back to the board as a whole. If the board administrator is not a formal member of the board, he or she and one member of the board may jointly conduct the interview, and that circumstance is not subject to the Open Meetings Law.

May board members vote by email or by using an online survey tool (i.e., google forms, Survey Monkey, etc.)?

Online votes are only legal if certain steps are taken to ensure transparency and opportunities for public participation. The board administrator must post the following pieces of information to the board’s public website prior to a vote being taken:

• Background information on the issue
• A way for the public to submit comments. One way to do this is to ask for public comments to be submitted to the board administrator via email, and he or she will distribute comments to all board members prior to the vote being taken (hint: it may be helpful to specify that public comments must be submitted with a certain subject line in the email, such as “Public Comment to X Board about X Issue”)
• Date the vote will be taken

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, which must be posted on the board’s website.

Who is responsible for documentation?

The CDHS board administrator, unless otherwise designated, is responsible for documenting all meetings, whether in-person, via phone/teleconference or videoconference meetings.

How can I comply with these transparency rules?

You can copy the board administrator on all emails regarding board business. You can also review minutes after each meeting to check for accuracy.

By-Laws may require that the draft minutes are approved by the board prior to public posting, such as with the State Board of Human Services.

What is the Colorado Open Records Act (CORA)?

The Colorado Open Records Act (§ 24‐72‐201 to 206, C.R.S.) allows citizens to gain access to public records. The 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. Anyone can request information that is in the possession of a government office and is not required to state a purpose.

There are some exceptions, but as a general rule, members should consider all board-related communications to be potentially releasable, including records kept on a personally owned, private computer. In general, any email correspondence to or from an email address ending with @state.co.us, as well as documents held by State employees are subject to CORA. Board business should already be a matter of public record as per the Colorado Open Meetings Law, but CORA further secures public access. 

Does the Colorado Ethics Code apply to boards and commissions?

Yes. The Colorado Ethics Code applies to all board and commission members. Refer to the Colorado Independent Ethics Commission’s Ethics Handbook for details. The main component of the Code relevant to boards is in regard to conflicts of interest.

What is a conflict of interest? 

The Colorado Constitution directs public officers to avoid conduct that is in violation of their public trust or that creates a justifiable impression among members of the public that such trust is being violated. Under Article XXIX, section 1(1)(d), this includes “any effort to realize personal financial gain through public office other than compensation provided by law.” It also includes any “official act which may have a direct economic benefit on a business or other undertaking” in which the member has a “direct or substantial financial interest.” § 24- 18-108.5, C.R.S. 

Essentially, board and commission members should avoid performing official acts, such as casting votes or making recommendations, that benefit themselves financially, either directly or indirectly. Members should also avoid any official act that benefits them personally, since it creates a justifiable impression in the eyes of the public that the member is abusing their public trust.

There may be additional guidance in the board by-laws, as the State Board of Human Services.

What do I do if I have a conflict of interest? 

If you see a potential conflict of interest, be sure to notify the board Chair and the board administrator. You will need to recuse yourself from the vote regarding the issue. It is always better to err on the side of caution and not participate in a discussion or vote that may be a conflict of interest. Unless you are a legislator, you do not need to submit any formal documentation of the conflict of interest.

Mission

Together, we empower Coloradans to thrive.

Vision

To serve Coloradans through bold and innovative health and human services.

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.

Organizational chart

Visit the Leadership and organizational structure page of the CDHS website to view the current org chart.