pages: RecreationandParkCommission/2017-12-14.pdf, 8
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RecreationandParkCommission | 2017-12-14 | 8 | (Ord. No. 3029 N.S., § 1, 4-5-2011) 2-12.4 - Duties of Commission. It shall be the duty of the Recreation and Park Commission to: a. Advise the Director of Recreation and Parks, the City Council and the Board of Education on all matters pertaining to the establishment and operation of community recreation programs, activities and facilities. b. Hold hearings and do all things necessary to inform itself with respect to the promotion and successful operation of City recreational activities. C. Establish necessary or proper regulations and rules to carry out the provisions of this section including, but not limited to, the recommendation of rates, fees, and charges in connection with the use of facilities or participation in recreational programs, which shall be included in the City's annual Master Fee Resolution for adoption by the City Council. (Ord. No. 3029 N.S., § 1, 4-5-2011) AMC Section 2-12.4c is directly on point. It clearly states that the Commission's duties, among other things are to make "recommendation of rates, fees and charges in connection with the use of facilities or participation in recreational programs. " Some confusion on this point has arisen from the language in the Bylaws in Chapter 1, Article 1, Section 2(2) which states: "The Recreation Commission has the responsibility for setting fees and charges." It is well within the authority of the Commission to adopt a set of Bylaws to help govern its activities. Such authority is granted in AMC Section 2-12.3(a). However, to the extent that the Bylaws have been interpreted to mean that the Commission sets the fees as opposed to making a recommendation to the City Council concerning rates and fees, then that interpretation is in error. The Commission cannot grant itself more authority that was delegated to it by the City Council. The City Council's delegation in AMC Section 2-12 gave the Commission the authority to make "recommendation of rates, fees and charges in connection with the use of facilities or participation in recreational programs. AMC Section 2-12 was last amended on April 5, 2011, had the City Council wanted to expand the authority of the Commission, it could have done so in 2011. Presenting Commission Recommendations to City Council As discussed above, the Commission has a statutory advisory role. However, for the Commission to effectively carry out that role, its recommendations must be fairly and objectively presented to the City Council for the Council's consideration. In my 3 | RecreationandParkCommission/2017-12-14.pdf |