2022 Colorado Code
Title 32 - Special Districts
Article 22 - Front Range Passenger Rail District
§ 32-22-104. Board of Directors - Appointment - Meetings - Compensation - Conflicts of Interest

1. The district is governed by a board of directors, all of whom shall represent the residents of the district, which consists of:
   1. 1. Six directors appointed by the governor and confirmed by the senate. The directors appointed by the governor shall support the purposes of the district as outlined in subsection (2) of this section, and must collectively have professional experience or expertise in the following areas:
         1. Transportation or public finance;
         2. Supporting a statewide employee organization;
         3. Passenger rail system development or operations; and
         4. Environmental conservation.

      2. In addition to the requirements set forth in subsection (1)(a)(I) of this section, at least one of the directors appointed by the governor must be a resident of a county, city and county, or municipality through which light or commuter rail service was planned as part of the voter-approved Fastracks transit expansion program of the regional transportation district but has not been constructed.
      3. The governor shall make the initial appointments no later than April 1, 2022, and the initial directors appointed may act as directors pending their confirmation by the senate. Directors appointed by the governor pursuant to this subsection (1)(a) are appointed for four-year terms; except that the initial terms of three of the directors other than the director who is a resident of a county, city and county, or municipality through which light or commuter rail service was planned as part of the voter-approved Fastracks transit expansion program of the regional transportation district but has not been constructed are two years. The requirement that one director be such a resident expires after two four-year terms have been served by a director who meets the requirement.

   2. 1. Subject to the requirements of subsection (1)(b)(II) of this section, ten directors appointed subject to senate confirmation by metropolitan planning organizations and rural transportation planning organizations that conduct transportation planning for state transportation planning regions that include territory of the district as follows:
         1. Each metropolitan planning organization that represents more than one million five hundred thousand residents in the district, which includes the Denver regional council of governments, shall appoint four directors; except that, if a single city and county or municipality has fifty-five percent or more of the total population of the metropolitan planning organization's territory, the city and county or municipality shall appoint one of the four directors that would otherwise be appointed by the metropolitan planning organization;
         2. Each metropolitan planning organization that represents more than five hundred thousand residents, but fewer than one million residents in the district, which includes the Pikes Peak area council of governments and the north front range metropolitan planning organization, shall appoint two directors; except that, if a single city and county or municipality has fifty-five percent or more of the total population of the metropolitan planning organization's territory, the city and county or municipality shall appoint one of the four directors that would otherwise be appointed by the metropolitan planning organization;
         3. The Pueblo area council of governments shall appoint one director; and
         4. The south central council of governments shall appoint one director.

      2. A director appointed by a metropolitan planning organization or a council of governments pursuant to subsection (1)(b)(I) of this section must be or must have been an appointed representative to the board of directors of the appointing authority and must represent or must have represented a member local government of the appointing authority that is wholly or partly included within the district. When appointing such a director, only members of the board of directors of the appointing authority who represent a member local government of the appointing authority that is wholly or partly included within the district may vote on the appointment. The appointing authorities for such directors shall make initial appointments no later than March 1, 2022, and the initial directors appointed may act as directors pending their confirmation by the senate. Directors are appointed for four-year terms; except that the initial terms of two of the directors appointed pursuant to subsection (1)(b)(I)(A) of this section, one of the directors appointed by each metropolitan planning organization pursuant to subsection (1)(b)(I)(B) of this section, and the director appointed pursuant to subsection (1)(b)(I)(D) of this section are two years. By a two-thirds vote of its members, the senate may remove any member of the board appointed pursuant to subsection (1)(a) of this section or this subsection (1)(b) for cause.

   3. One director appointed by the executive director of the department of transportation who shall serve at the pleasure of the executive director. The executive director shall make the appointment no later than December 1, 2021.
   4. 1. If the respective railroads choose to make appointments, three advisory nonvoting directors appointed as designated representatives of railroads that operate in the state as follows:
         1. One director appointed by the chief executive officer of the BNSF Railway;
         2. One director appointed by the chief executive officer of the Union Pacific Railroad; and
         3. One director appointed by the chief executive officer of the National Railroad Passenger Corporation, also known as Amtrak.

      2. The appointing authorities for any directors appointed pursuant to subsection (1)(d)(I) of this section shall make initial appointments no later than December 1, 2021. Each such director serves at the pleasure of the appointing authority.

   5. One advisory nonvoting director appointed by the board of directors of the regional transportation district. The board of directors shall make the initial appointment no later than December 1, 2021. The director shall serve at the pleasure of the board of directors, but the appointment must be reaffirmed by the board of directors of the regional transportation district not later than four years from the date of the initial appointment and not later than four years from the date of any subsequent reaffirmation.
   6. One advisory nonvoting director appointed by the board of directors of the I-70 mountain corridor coalition, or any successor entity to the coalition. The board of directors shall make the initial appointment no later than December 1, 2021. The director shall serve at the pleasure of the board of directors, but the appointment must be reaffirmed by the board of directors of the I-70 mountain corridor coalition not later than four years from the date of the initial appointment and not later than four years from the date of any subsequent reaffirmation.
   7. If the respective governors choose to make appointments, the following two advisory nonvoting directors:
      1. A resident of New Mexico appointed by the governor of New Mexico to represent communities in New Mexico who shall serve at the pleasure of the governor of New Mexico; and
      2. A resident of Wyoming appointed by the governor of Wyoming to represent communities in Wyoming who shall serve at the pleasure of the governor of Wyoming.

2. 1. The board shall convene for its first meeting no later than May 15, 2022, and shall, at that meeting, select a chairperson and vice-chairperson from among its membership. The board shall also determine how to instruct the state treasurer to complete the transfer, on July 1, 2022, of any remaining balance of the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance fund, as that fund existed before the repeal of section 43-4-1002 by Senate Bill 21-238, enacted in 2021, to the district as required by section 43-4-1004 (1).
   2. 1. The board shall conduct all business at public meetings. Whenever practicable, the board shall live broadcast its meetings, and the board shall provide reasonable accommodations to allow persons with disabilities to attend, listen to, or watch board meetings.
      2. The board shall make an audio or audio-video recording of each board meeting available on the district's website.
      3. The provisions of part 4 of article 6 of title 24 apply to all board meetings.

   3. A majority of the voting directors of the board constitutes a quorum, and, except as otherwise specifically provided in this article 22, a majority of a quorum may make binding decisions for the board. Advisory nonvoting members of the board may participate, in a nonvoting capacity, in all board meetings, including executive sessions. By a two-thirds vote of the voting directors of all voting directors of the board, the board may add additional advisory nonvoting members to the board for either fixed terms of four years or for service at the pleasure of a majority of the voting directors of the board.
   4. Directors of the board, including advisory nonvoting directors, receive no compensation for their services; except that directors may receive per diem payments for days spent working on district matters and may be reimbursed by the district for their necessary expenses while serving as directors of the board.
   5. A director of the board shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless the director has disclosed the conflict of interest in compliance with section 18-8-308.
   6. Directors of the board and officers and employees of the district are public employees for purposes of the "Colorado Governmental Immunity Act", article 10 of title 24.

Source: L. 2021: Entire article added, (SB 21-238), ch. 401, p. 2659, § 1, effective June 30.