Risk and governance briefing: CRRSA counsel urges council to prioritize process
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Summary
Sam Light of CSRSAA/CRRSA briefed Westminster council on risk management for elected officials, stressing fiduciary responsibility, the legislative-administrative distinction in council-manager governments, ethics and the need for a defensible record in quasi-judicial decisions.
Sam Light, deputy executive director and general counsel with CSRSAA/CRRSA, delivered a governance and risk-management briefing to the Westminster City Council at the Jan. 5 study session.
Light framed his remarks around five themes for governing bodies: understanding the role and responsibilities of elected officials, honoring the legislative-versus-administrative distinction in a council-manager government, ethics obligations, due process in quasi-judicial matters and the importance of process as a liability-mitigation tool.
"Process is a product that the city council itself provides," Light told councilors, stressing that process and a defensible record help protect both the city's and individual officials' legal interests. He urged new council members to learn conflict-of-interest rules, use the city manager as the administrative point of contact and rely on staff reports to ground quasi-judicial decisions.
Light cited practical measures: ask for additional time when needed to gather facts, use staff reports and legal advice in drafting a reasoned record for decisions, and treat ethics rules as a guide to spot potential conflicts before they escalate.
City council members asked clarifying questions about staff roles, quasi-judicial safeguards and how presumptive laws or other legislative changes can create unintended financial liabilities for local governments; Light said the city's insurance pool focuses on proactive risk management and that many claims trace back to rushed decisions or insufficient process.
What's next: Light offered follow-up materials and training resources; councilors may request additional focused trainings on ethics or quasi-judicial procedures.