This guide is designed for new members of Boards, Commissions, Councils, and other advisory groups within the Behavioral Health Administration (BHA). In this guide, "Councils" is used in place of "Boards and Commissions" for simplicity - all the information applies to all boards, commissions, councils, work groups, task forces, etc.
Please note, this guide is not wholly inclusive or definitive. If you have questions, or need additional information or assistance, please contact the BHA Boards & Commissions Coordinator, Caitlin Long, at Caitlin.Long@state.co.us.
- Council Member Responsibilities and Training
What are my responsibilities as a Council Member?
Although BHA has many different types of Councils, each member is unique and valued as they hold a position to influence policies and programs. There are six primary expectations for Council members:
1. Respect - work collaboratively and respectfully with other Council members and with BHA to achieve assigned responsibilities. BHA Councils serve an incredibly diverse set of missions in an array of subject/program areas, and as such, BHA encourages diverse viewpoints to be shared by its members as it relates to larger behavioral health systems. While disagreement may be inevitable, all Council members must be respectful of others’ opinions and any kind of discriminatory behavior, harassment, or victimization will not be allowed.
2. Attendance - regular and consistent attendance is critical in ensuring decisions represent the Council as a whole. Please arrive on time, prepared, and ready to conduct yourself in a professional manner. If you are unable to attend a regularly scheduled Council meeting, it is your responsibility to inform the BHA Boards & Commissions Coordinator about your absence prior to the start of the meeting. Please refer to your Council’s bylaws for specifics about additional attendance requirements.
3. Preparation - be adequately prepared for Council meetings by completing assigned tasks and reviewing agendas, meeting minutes, slide decks, forms, or any other documents provided by the BHA Boards & Commissions Coordinator prior to each meeting.
4. Engagement - as an elected member of your Council, you are responsible for being engaged in your Council’s work. You are responsible for communicating with your peers and BHA, participating in discussions, exhibiting a willingness to work with the group and make compromises when appropriate, and maintaining a professional demeanor.
5. Professionalism - all members are expected to conduct themselves according to the highest standards of courtesy and professionalism as we owe each other respect, dignity, and protection against unjust and improper criticism or attacks. The Council Chair or Vice-Chair is charged with preserving order and decorum, and in the event a member of the Council or Public engages in behavior contrary to these policies, the Chair or Vice-Chair shall hold the authority to remove the violating party from the discussions.
6. Compliance with Applicable Laws - all members are expected to understand and comply with Open Meetings Law, Colorado Records Act, Colorado Ethics Code, the Americans with Disabilities Act, and any policies or procedures outlined by your Council including bylaws.
Once I am appointed to a Council, what training will I receive?
All Council members are required to complete the BHA Boards & Commissions Council Member training and quiz, and return their signed Letter of Commitment to the BHA Boards & Commissions Coordinator within thirty (30) days of appointment. Newly appointed Council members should review previous meeting recordings, agendas, meeting minutes, and slide decks to become familiar with the work previously administered. Additionally, all Council members should review and be familiar with Council policies and procedures, including bylaws, Robert's Rules of Order, and any State laws that impact Council conduct.
What are the compensation policies for Council members?
Council members are eligible for compensation, excluding salary State employees and members representing statutorily required facilities. Compensation is subject to fiscal appropriations and is subject to change. Contact the BHA Boards & Commissions Coordinator for additional information about Council member compensation.
- Application & Resignation
Do I need to complete a new application if I am applying for reappointment?
Yes! Before the end of your first three-year term, members that would like to participate in a second three-year term must reapply for the Council to be considered for reappointment. The BHA Commissioner is the appointing authority for all new and reappointed members, and shall be dedicated to including diverse populations and perspectives in making appointments to the Councils. The Commissioner shall attempt to assure racial, economic, gender, and geographical diversity in making appointments to the Councils.
Will my application be kept on file?
Yes. Applications will be kept on file for two (2) State fiscal years (July 1st - June 30th), during which you may be considered for any vacancy that may arise.
How do I apply?
If you are interested in applying for a BHA Council, you should apply online via the Council's website. Links to the respected Council websites can be found through the BHA Boards & Commissions page. If you have additional questions about applying for a BHA Council, please contact the BHA Boards & Commissions Coordinator, Caitlin Long, at caitlin.long@state.co.us.
How do I resign from a Council?
Members may resign from a Council 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 able to fulfill the duties of the Council. To resign, members must submit a formal letter of resignation to the Council's Officers and the BHA Boards & Commissions Coordinator with the following information:
- Name of Council from which you are resigning
- Full name of the resigning Council member
- Reason for resignation
- Effective date of resignation
- Signature
- Colorado Open Meetings Law
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?
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 must comply with the Colorado Open Meetings Law?
All boards, committees, commissions, Councils, 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 Colorado 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 that ensure transparency: public notice, open meetings, and meeting minutes.
What is public notice, and when must it be given?
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. 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.
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, if discussion of public business is not the purpose;
- Staff communicating logistical information to members; and
- Executive sessions, which have specific rules.
What are meeting minutes, and who is responsible for documentation?
Meeting minutes are documented notes if public meetings. The public must be able to access the minutes, which are posted on the Council's websites. The BHA Boards & Commissions Coordinator, unless otherwise designated, is responsible for documenting Council meetings, whether in-person or by electronic means.
How can members comply with these transparency rules?
You can copy the BHA Boards & Commissions Coordinator on all emails regarding Council business, and review meeting minutes to check for accuracy. Your Council may require that the draft meeting minutes are approved by the Council prior to public posting. Contact the BHA Boards & Commissions Coordinator, Caitlin Long, at caitlin.long@state.co.us with any additional questions or concerns.
- Colorado Open Records Act (CORA)
What is the Colorado Open Records Act?
The Colorado Open Records Act (24‐72‐201-206, 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 Council-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. Council business should already be a matter of public record as per the Colorado Open Meetings Law, but CORA further secures public access.
- Colorado Code of Ethics
Does the Colorado Code of Ethics apply to Council members?
Yes! The Colorado Code of Ethics applies to all BHA Council members. Refer to the Colorado Independent Ethics Commissions Handbook for additional details. The primary component of the Code relevant to Council members is in regard to conflicts of interest.
What is a conflict of interest, and what do I do if I have 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.”
Essentially, Council 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. If you see a potential conflict of interest, it is your responsibility to notify the BHA Boards & Commissions Coordinator. 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.
- BHA Mission, Vision, and Values
Our Mission
Co-create a people-first behavioral health system that meets the needs of all people in Colorado.
Our Vision
Behavioral health services in Colorado are accessible, meaningful, and trusted.
Our Values
Truth: Being transparent and accurate when addressing the people of Colorado.
Equity: Naming root causes of injustices and allocating the necessary resources to support desired outcomes;
Collaboration: Working in partnership to realize a holistic behavioral health vision;
Community-informed Practice: Integrating evidence-based guidance with lived expertise; and
Generational Impact: Engaging in meaningful and thoughtful action to create a new legacy.