Chapter 2.04
CITY COUNCIL
Sections:
2.04.027 Time certain agenda items.
2.04.040 Debate and withdrawal of motions.
2.04.080 Committee of the whole.
2.04.100 Preparation of ordinances.
2.04.110 Enforcement of decorum.
2.04.150 Executive session records.
2.04.170 Violation of council rules.
2.04.180 Appendix – Council rules.
2.04.010 Meeting.
The city council shall hold a regular meeting at least once a month. The regular meeting of the city council may be held on the second and fourth Mondays of each month at 6:00 p.m. on the third floor at City Hall, Council Chambers, 801 SW Highway 101, Lincoln City, Oregon. (Ord. 2011-08 § 1; Ord. 95-3 § 1; Ord. 87-20 § 1; Ord. 87-1 § 1)
2.04.020 Order of business.
In the conduct of the business of the council, the order of business at a regular meeting shall be substantially as follows, except as otherwise provided in LCMC 2.04.027 for time certain agenda items:
A. Roll call;
B. Pledge of allegiance;
C. Consent agenda;
D. Council deliberations;
E. Comments from citizens present on agenda items not involving public hearings or public comment. (This agenda item for public comment does not authorize or enter into the record comments on an item where the public hearing (or record) is closed);
F. Presentations;
G. Public hearings/public comments;
H. Ordinances (ordinances may be advanced and considered immediately following a public hearing on the ordinance);
I. Resolutions (resolutions may be advanced and considered immediately following a public hearing on the resolution);
J. Special order of business, if any;
K. City manager and city attorney reports;
L. Actions, if any, based on work session, executive session or citizen comment;
M. Additional comments from citizens present on nonagenda items. (This agenda item for public comment does not authorize or enter into the record comments on an item where the public hearing (or record) is closed);
N. Announcements or comments by city council;
O. Adjournment.
A special meeting, emergency meeting, executive session, or work session meeting of the city council need not follow the above order of business and such meetings do not require an opportunity for public comment. “Work” or “work session” meetings allow for council discussion, but not council action. (Ord. 2021-01 § 1; Ord. 2018-04 § 1; Ord. 2015-01 § 1; Ord. 2003-12 § 1; Ord. 99-1 § 1; Ord. 95-25 § 1; Ord. 89-10 § 1; Ord. 87-1 § 2)
2.04.025 Consent agenda.
A. Items may be included on the council agenda as “consent” or “regular” agenda items. The printed council agenda shall clearly distinguish the consent from the regular agenda items. The city recorder shall make an appropriate designation if none otherwise has been assigned.
B. The consent agenda may include any matter for council consideration except:
1. Ordinances;
2. Appeals of land use decisions or other land use matters requiring a hearing under state law;
3. Any matter that will increase a department’s or fund’s budget; or
4. Any matter designated for placement on the regular agenda at the time of establishment of the agenda.
C. The consent agenda shall be positioned on the council agenda in accord with LCMC 2.04.020.
D. An item designated for the consent agenda may be removed from the consent agenda by a council member or any individual prior to council vote on the consent agenda. A request to remove an item from the consent agenda shall be made either to the city recorder prior to the beginning of the council meeting or orally at the meeting prior to the vote on the consent agenda. When removed, items shall be considered individually at the end of the consent agenda at the same council meeting.
E. At any meeting at which there is a consent agenda, all items on the consent agenda shall be voted on by a single council vote. It shall not be necessary that there be a reading of the titles or the effect of items on the consent agenda. Items on the consent agenda shall not be subject to amendment or debate. Action on the consent agenda shall require a unanimous vote of all council members present. (Ord. 2003-12 § 2)
2.04.027 Time certain agenda items.
A. Any agenda item may be designated as “time certain,” with consideration of the item to begin at a designated time during a council meeting rather than when the item is reached in the agenda order.
B. The council agenda shall clearly distinguish time certain items from all other items. Each item designated as a time certain item shall include the time at which consideration of the item will begin, and an estimate of the amount of time to be devoted to the item.
C. At the beginning of each council meeting, the city recorder shall remind the council of any time certain item on the council agenda. (Ord. 2003-12 § 3)
2.04.030 Presiding officer.
The presiding officer shall be the mayor. The mayor shall be deemed a member of the council and shall have the same rights as other council members in addition to other powers established by Charter or ordinance. The mayor shall preserve order and decorum, recognize council members seeking the floor, speak on all questions of order in preference to any other member, and shall decide on all questions of order subject to an appeal from the council. In cases of appeal from the decision of the chair, the chair shall always have the last right to debate and shall state the questions as follows: “Shall the decision of the chair be upheld?” (Ord. 87-1 § 3)
2.04.040 Debate and withdrawal of motions.
No motion shall be debated until it has been seconded and distinctly stated by the chair and shall have been reduced to writing if so desired by any member. It shall be read by the recorder when required by members for information. A motion may be withdrawn at any time before amendment. (Ord. 87-1 § 10)
2.04.050 Manner of voting.
All questions shall be voted on by affirmation except those involving ordinances and any matter that will increase a department’s or fund’s budget, in which case a roll call shall be had (in alphabetical order for the first motion of each meeting and rotating in alphabetical order with each successive motion of the meeting). If the presiding officer doubts, or if a division of the council is called for, a roll call shall be had. Every member who shall be present when a question is put shall vote for or against the same, unless the council shall excuse him. (Ord. 2009-14 § 1; Ord. 87-1 § 4)
2.04.060 Reconsideration.
When a question has been decided, it shall be in order for any member who voted in the majority to move for a reconsideration thereof, provided the motion to reconsider is made the same day of the passage of the matter in question; but no motion for the reconsideration of a vote shall be made after the ordinance, resolution or act has gone out of the possession of the council. (Ord. 87-1 § 7)
2.04.070 Council committees.
The mayor shall appoint, from among the members of the council, members of ad hoc committees, when the need for a committee arises. (Ord. 87-1 § 5)
2.04.080 Committee of the whole.
Whenever it is desired that the council go into a committee of the whole, the presiding officer shall leave the chair and appoint a chairman of the committee of the whole, who shall report the proceedings of the committee to the council. (Ord. 87-1 § 8)
2.04.090 Resolutions.
All resolutions shall be in writing and numbered consecutively in the order in which they are received. (Ord. 87-1 § 9)
2.04.100 Preparation of ordinances.
All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, the mayor, city manager, or prepared by the city attorney with the approval of the mayor or city manager. (Ord. 87-1 § 11)
2.04.110 Enforcement of decorum.
The chief of police, or such member or members of the police department as he may designate, shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms or any of them present to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of the ordinances of the city; and violation of this section shall be prosecuted as such on a complaint to be signed by the presiding officer. (Ord. 87-1 § 12)
2.04.120 Suspension of rules.
No standing rule or order of the council shall be rescinded or suspended except by the unanimous vote of every member present. (Ord. 87-1 § 6)
2.04.130 Rules of procedure.
All cases not specifically provided for in this chapter or in the Charter of the city shall be governed by the law and precedents laid down in Robert’s Rules of Order, Revised Edition. (Ord. 87-1 § 13)
2.04.140 Time limits.
A person speaking to the council under the agenda item “comments from citizens present” shall be limited to a presentation not exceeding five minutes in length. Where appropriate, the mayor and council may extend or place further limits on such comments as they deem appropriate. (Ord. 91-21 § 1)
2.04.150 Executive session records.
A. A record of each city council executive session meeting shall be kept in the form of a sound tape recording. Written minutes shall not be required. The tape of each executive session meeting shall be identified with a label stating “City Council Executive Session” and stating the date of the executive session meeting.
B. The city recorder shall be responsible for maintaining possession of tapes of city council executive session meetings. The city recorder shall maintain the tapes, at City Hall, in a secure file or lock-box, accessible only by key maintained by the city recorder.
C. Any current city council member may review the tape of any city council executive session meeting. Any current city employee who was present at an executive session meeting may review the tape of any portion of the meeting at which the employee was present. The current city attorney may review the tape of any portion of an executive session meeting at which the city attorney, past or current, was present and, in addition, may review the tape of any executive session meeting for which a copy of the tape has been provided to a court for a determination whether the contents of the tape are admissible in a court proceeding or for a determination whether the executive session was properly held.
D. The city recorder shall maintain a written log book, for purposes of identifying each person who reviews executive session tapes. Each person who wishes to review a tape shall enter his or her name, signature, and city position, and the date of the tape reviewed, in the log book prior to reviewing an executive session tape. The city recorder, except as to current council members, shall determine whether the person seeking review was present at the portion of the meeting the person is seeking to review and, if so, shall allow the person to review that portion of the tape. Executive session tapes may be reviewed only at City Hall on equipment provided by the city, under the supervision of the city recorder. (Ord. 99-5 § 2)
2.04.160 Council rules.
The council rules set forth in LMC 2.04.180 and made a part hereof by this reference shall govern the conduct of the mayor and city councilors in the conduct of city business. (Ord. 2017-20 § 1)
2.04.170 Violation of council rules.
A. General. The city council may enforce the city Charter and municipal code (including incorporated council rules), as well as Oregon Revised Statutes applicable to governing bodies. If a member of council violates council rules, city ordinances, the city Charter or state laws applicable to governing bodies, the council may take action to protect the integrity of the council and discipline the member with a public reprimand, censure, citation or, in extreme cases, removal from office (for offenses provided for in the Lincoln City Charter).
B. Investigation. The council may investigate the actions of any member of the governing body and may meet in executive session under ORS 192.660(2)(b) to discuss any finding that reasonable grounds exist that a violation of council rules, local ordinance, the city Charter or state laws applicable to governing bodies has occurred. Sufficient notice must be given to the affected member to afford them the opportunity to request an open hearing under ORS 192.660(2)(b).
C. Due Process and Sanctions. Due process requirements of notice and the opportunity to be heard will be met with regard to any proceeding to reprimand, censure or remove a member of the governing body. No matter discussed or disclosed in executive session may be discussed or disclosed in any reprimand, censure, or removal proceeding, except by approved motion of the city council and upon advice of the city attorney. Sanctions should be generally geared towards changing problem behavior rather than punitive in nature, and measured against the severity and frequency of the violation(s) and the impact on the city organization and/or council operations and effectiveness.
D. Citation. The city governing body, exclusively, may, by motion, initiate a violation citation against a member pursuant to Chapter 1.16 LCMC for violation of council rules. The general penalty provisions of LCMC 1.04.065 shall apply to any such violation. For continuing violations, each day the offense continues shall be a separate offense. (Ord. 2017-20 § 2)
2.04.180 Appendix – Council rules.
CITY OF LINCOLN CITY
COUNCIL RULES
INTRODUCTION
The City Charter, Section 4.1 specifies that the Council may adopt rules for the governance of its members and meetings. These rules are adopted by ordinance and incorporated into the Lincoln City Municipal Code.
The following also apply to the City Council and its proceedings and are incorporated into these rules by reference:
◊ ORS Chapter 192 Records; Public Reports and Meetings
◊ ORS Chapter 244 Government Ethics
◊ Lincoln City Charter Section:
2.3 Distribution of Powers
3.1 Form of Government
3.6 Appointive Officers
4.1 Meetings
4.2 Quorum
4.3 Record of Proceedings
4.4 Meetings to be Public
4.5 Mayor’s Functions at Council Meetings
4.6 Council President
4.7 Vote Required
4.8 Interference in Administration
5.1 Mayor
5.2 City Manager
5.3 City Recorder
8.1 What Creates Vacancy
8.2 Filling Vacancies
◊ Lincoln City Municipal Code (LCMC):
Section 2.04.020 Order of business
Section 2.04.025 Consent agenda
Section 2.04.027 Time certain agenda items
Section 2.04.030 Presiding officer
Section 2.04.040 Debate and withdrawal of motions
Section 2.04.050 Manner of voting
Section 2.04.060 Reconsideration
Section 2.04.070 Council committees
Section 2.04.080 Committee of the whole
Section 2.04.090 Resolutions
Section 2.04.100 Preparation of ordinances
Section 2.04.110 Enforcement of decorum
Section 2.04.120 Suspension of rules
Section 2.04.130 Rules of procedure
Section 2.04.140 Time limits
Section 2.04.150 Executive session records
Section 17.76.050 Quasi-judicial public hearing procedure and requirements
Section 17.76.180 Appeals
The above-referenced statutes and charter provisions are adopted and incorporated by reference into the Lincoln City Municipal Code; violation of any such statute or charter provisions adopted by reference shall be an offense against the City and a violation of the Municipal Code subject to enforcement as provided in LCMC 2.04.170. Nothing in this Chapter prohibits or restricts the criminal prosecution of a member by the appropriate prosecutor and law enforcement professionals with jurisdiction. Similarly, prosecution of a member for City criminal or violation level offenses, including all provisions identified in LCMC Chapter 9.04.010, is not prohibited by this Chapter.
1. COUNCIL RULES – GENERALLY
1.1 Pursuant to Lincoln City Charter Section 4.1 Meetings, the City Council is authorized to prescribe rules for the conduct of its meeting and business. In addition to the powers, duties, and responsibilities of the City Council established by Lincoln City Charter, Chapter IV- Council, Lincoln City Municipal Code (LCMC) Chapter 2.04 provides rules for Council meetings. Where additional Charter or Code provisions pertain to any matter discussed in these rules, the citation is noted for further reference.
1.2 The City Council may review these rules periodically as necessary. Amendments to the rules may be made at any time by ordinance.
1.3 Council rules are not intended to replace or supersede applicable federal or state laws, regulations, city ordinances or provisions of the Lincoln City Charter (Charter). In the event of any conflict between the Charter and these rules adopted by ordinance, the Charter provision shall prevail.
2. COUNCIL MEETINGS – PRESIDING OFFICER
2.1 The Mayor is the presiding officer. LCMC Section 2.04.030 describes the duties and responsibilities of the presiding officer. As presiding officer, the Mayor shall determine the order of business of any matter before the Council, subject to these rules.
2.2 The Mayor may temporarily cease to chair a Council meeting and delegate the functions described in subsection (1) to the Council president or to another designated Council member if the Council president is absent or unable to function as mayor. [See also Charter Section 4.5 Mayor’s Functions at Council Meeting; Section 4.6 Council President; and Section 5.1 Mayor.]
3. COUNCIL MEETINGS – GENERALLY
3.1 Under the Charter, the authority of the City Council as governing body lies in the Council as a whole, not individual Councilors. As part of the democratic process, Councilors may engage in debate and express opposing views; however once the City Council decides any matter, the decision should be supported by all Councilors as the decision of the governing body, notwithstanding individual positions.
3.2 Councilors should at all times, while in a public meeting or otherwise, conduct themselves in a manner appropriate to the dignity of the office and show respect for the office. Councilors should conduct themselves so as to bring credit upon the government of the City by respecting the rule of law, ensuring non-discriminatory delivery of public services, keeping informed concerning the matters coming before the Council, and abiding by all decisions of the Council, whether or not the Councilor voted with the majority.
3.3 The Mayor is responsible for preserving order. City Councilors should observe professional decorum during Council meetings by adhering to questions or issues under discussion and by being courteous in addressing staff or members of the public. Councilors should refrain from engaging in personal attacks or impugning the motives of any speaker.
3.4 Councilors shall adhere to the following general guidelines:
A. Gather necessary information before a meeting, such as asking questions of staff.
B. Speak for yourself and not for other Councilors unless specifically designated.
C. Do not state you represent the Council unless you have been asked by Council to do so.
D. During public meetings do not attempt to edit or rewrite prepared ordinances; however, amendments to an ordinance may be appropriate and you should request input from staff or the city attorney on how best to accomplish your objective.
E. Remain open, direct and candid. Be brief and succinct in stating your views and focus on a single issue or topic at any one time.
F. Give all members of the Council an opportunity to express their views on the issues.
G. Avoid disguising a statement as a question or using repetition as a way to convince others.
H. Schedule discussion on a major policy issue for a future agenda rather than raising it as an addendum to current agenda items.
4. COUNCIL MEETINGS – SCHEDULE AND ATTENDANCE
4.1 City Council meetings are established in LCMC Chapter 2.04. These rules are intended to implement, not replace, any provision of that chapter.
4.2 All Council members shall make every effort to attend all meetings. Councilors will inform the Mayor and/or the city recorder as soon as possible if they are unable to attend any meeting. Additionally, the Mayor will inform the Council president and the city manager regarding any absence by the Mayor.
4.3 If the day of a Council meeting is a legal holiday or the 4th Monday in December, the Council shall review the meeting date and decide whether to conduct or cancel the scheduled meeting.
4.4 When unable to physically attend a Council meeting, Councilors may participate in any Council meeting, including executive session, by telephone or other means providing real time transmission and receipt of audio communication. Any Councilor attending by telephone is encouraged to attend for the entire meeting.
5. USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
5.1 Definition. For the purpose of this section, “confidential” shall be defined to include anything done or communicated in a manner to denote confidence or secrecy, including but not limited to information designed to be held in trust or labeled as confidential; information not subject to public disclosure under Oregon public records or public meetings laws; information disclosed during or in connection with a privileged or protected relationship, such as the relationship between an attorney and his or her client; and other information determined to be essential to the fiduciary duties of an elected official to the municipal corporation. All matters properly discussed in executive session shall be considered confidential under these rules.
5.2 Disclosure of Confidential Information. Confidential information shall not be disclosed or otherwise communicated to any individual or entity and shall be maintained by all Council members in a manner to protect its confidential nature. The unilateral release of confidential information by a member of the Council is expressly prohibited. Confidential information may be disclosed or otherwise released to the public only upon an affirmative vote of the Council that the matter is to be disclosed or that confidentiality is no longer necessary.
5.3 Improper Disclosure of Confidential Information. The Council may censure or cite a member who discloses a confidential matter or otherwise violates these rules. In addition to any other sanction imposed for violation of this rule, improper disclosure of confidential information shall be deemed an act outside the course and scope of the disclosing official’s agency relationship with the city and shall subject the official to forfeiture of the protections under the Oregon Tort Claims Act, including the right to defense and indemnification, for any damages or liability resulting from or relating to the disclosure of the confidential information.
5.4 Statements Relating to Confidential Matters. All public statements, information, or press releases on confidential matters shall be made by designated staff or a designated Council representative.
5.5 Written and Electronic Materials. Staff shall only provide confidential materials to Council members in coded written form or electronically to an official city email address with no print option. Council members will keep all written and electronic materials that are confidential under law in complete confidence. Written materials shall not be copied and shall be maintained in a secure location or returned. Electronic materials shall not be printed or forwarded from official city email addresses.
5.6 Executive Session. Council members shall not communicate any information from any executive session to the media or to anyone who was not present at the executive session unless authorized by the affirmative vote of the Council. If staff is given direction in executive session to proceed with negotiations or litigation in a specific manner, Council members shall not have any contact or discussion on the matter or subject with any other party or its representative, or otherwise take steps that might interfere with the direction given to staff by Council.
6. COUNCIL – STAFF COMMUNICATION
6.1 Councilors shall respect the separation between policy-making, which is a Council function, and administration, which is the city manager’s function. The city manager is the administrative head of the city government and all Council direction to staff shall be to the city manager. Council requests for information shall be to the city manager except for minor requests that can be quickly handled by staff, or requests of a Council member not as a Councilor but as a city resident. [See also Charter Section 4.8, Interference with Administration.]
6.2 Guidelines for staff:
A. Staff shall respect the roles and responsibilities of Council members.
B. All written informational material requested by individual Councilors will be submitted by staff to the entire Council with a notation indicating which Councilor requested the information.
C. Except in a Council meeting, staff shall not attempt to influence individual Council members concerning City business.
6.3 Guidelines for Councilors:
A. Work with the staff as a team with a spirit of mutual respect and support.
B. Except in a Council meeting, avoid influencing a department head or the city manager concerning personnel matters, purchasing issues, contracts, the selection of consultants, the processing of development applications, granting of City licenses and permits, or any other matter under the direction of the city manager. However, the sharing of ideas on these matters is appropriate.
C. Limit individual contacts with city officers and employees so as not to influence staff decisions or recommendations, interfere with staff work performance, undermine the authority of supervisors, or prevent the full Council from having the same benefit of information received.
D. Respect roles and responsibilities of staff, including if and when expressing critical opinions in a public meeting or in correspondence including electronic mail messages.
6.4 Authorized use of City Resources.
The Mayor and Councilors (hereinafter “Councilors”) are expressly authorized to use the following city resources for official city business, without going to the full City Council for action. Councilors may utilize city laptop computers for official city business. City email addresses are provided for Councilor’s official use, as well as an optional Councilor webpage on the city website. (Such pages may not be used for political activity, will not be interactive and will be turned off during election periods). Councilors may request Information Technology Department support for city electronic devices and accounts. Councilors may also hold city office hours in available rooms and may calendar such times and other available constituent or event times (and places) on an online city calendar. Finally, Councilors may utilize city vehicles for training or attendance of events, after compliance with city insurance policies.
7. COUNCIL MEETINGS – AGENDA
7.1 The City Manager’s office will prepare an agenda for each Council meeting specifying the time and place of the meeting, and a brief, general description of each item to be considered by Council. The Mayor or a Council representative may consult with the City Manager or designee on scheduling agenda items.
7.2 An item may be placed on the Council agenda after the agenda is printed and the notice published by the Mayor, a Councilor, or city manager, provided the business necessity is explained and the presiding officer consents. The city manager will notify the media and any known interested citizens as soon as possible after receiving information about proposed agenda additions. The practice of adding items to the Council agenda after it has been printed and published is to be discouraged and should be undertaken only when necessary.
7.3 Documentation for an agenda item shall be received by the city manager by noon the Monday before the Council meeting for which the agenda has been prepared. Staff will provide the agenda packets by delivering the packets to City Councilors on Wednesday before the Council meeting. Late materials will be provided only if dictated by business necessity.
8. COUNCIL MEETINGS – DISCUSSION AND VOTING
8.1 The Mayor may, with the concurrence of Council, consider agenda items out of order.
8.2 The consent agenda requires a unanimous vote of all council members present. A “single council vote” for purposes of the consent agenda is interpreted to be one affirmative vote on a motion to approve the consent agenda. If there are dissenting votes on the consent agenda, then the Council will vote on each item on the consent calendar separately. [See also Municipal Code Section 2.04.025 Consent agenda.]
8.3 After a motion has been made or after a public hearing has been closed, no public member shall address the Council without first obtaining permission from the Mayor.
8.4 Any matter involving ordinances and expenditure of money shall be decided by a roll call vote rather than a single council vote on a motion. The city recorder shall call the roll in alphabetical order for the first motion of each meeting and rotating in alphabetical order with each successive motion of the meeting.
8.5 If there is any question about the correct manner of voting, the vote shall be by roll call.
8.6 All members of the Council present for a question shall vote on the question unless excused by the Council.
8.7 After the Council has voted on a matter, all Councilors shall support the Council’s determination on the matter, regardless of the Councilor’s personal opinion or vote on the matter. Councilors shall not make comments during voting but may comment on a vote after the vote has been concluded and announced. [See also LCMC section 2.04.050 Manner of voting.]
9. ORDER AND DECORUM DURING COUNCIL MEETINGS
9.1 Any person may photograph or record regular meetings of the City Council conducted in Council chambers provided the activity is conducted from a fixed location, the photography or recording is conducted in a manner that does not interfere with or disrupt the proceedings, and no additional lighting is utilized. The use of still photography or video or film requiring flash or other additional lighting may be conducted by permission of the presiding officer granted prior to the start of the meeting, and provided the activity is conducted from a fixed location and does not interfere with or disrupt proceedings. This rule shall not be construed to prevent news media representatives from performing their duties so long as the manner of performance is not unreasonably disruptive of the meeting.
9.2 Any of the following shall be sufficient cause for the removal of any person from the Council Chambers for the duration of the meeting:
A. Unreasonably loud or disruptive language, noise or conduct that interferes with the progress of business by the City Council;
B. Any violent outburst or distracting actions;
C. Willful damage to the interior of the Council Chambers; and
D. Refusal to obey an order of the presiding officer or the City Council.
9.3 Before a person is removed from the Council chambers for disruptive conduct or activity, the presiding officer may warn the person to cease the offending conduct; however a warning is not required as a precondition to enforcing decorum. If a meeting is disrupted by members of the audience, the presiding officer may order the Council Chambers cleared. [See also LCMC section 2.04.110 Enforcement of decorum.]
10. EXECUTIVE SESSIONS
10.1 Only the Council, city attorney, city manager, city recorder, designated staff, and persons invited by the city manager or Council may attend executive session meetings.
10.2 The presiding officer will announce at the start of the executive session that news media may not report the substance of any executive session. Representatives of news media, as determined by the City Council, may attend an executive session in order to be informed of the background of deliberations and to gain a better understanding of any decisions made as a result of the meeting. Representatives of news media may not attend executive sessions involving labor negotiations, or litigation in which the news media of the representative is a party.
10.3 If the Council meets in executive session, Councilors should attempt to provide direction or input to designated staff on proposed terms and conditions for negotiations including but not limited to real property transactions, litigation, labor negotiations, or other matters.
10.4 The information of executive session meetings is confidential. Councilors and staff will not discuss or communicate about executive session matters with any person, except City Councilors, the city manager, city attorney, and designated staff, about any executive session discussion. [See also LCMC section 2.04.150 Executive session records.]
11. MINUTES
11.1 Minutes shall be prepared with sufficient detail to meet their intended use. Verbatim minutes are not required. The minutes of meetings of the Council shall comply with provisions of ORS 192.650 by containing the following information at a minimum:
A. The name of Councilors and staff present;
B. All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;
C. The result of all votes, including ayes and nays, and the names of the Councilors who voted, unless the vote is unanimous;
D. The substance of the discussion on any matter;
E. Reference to any document discussed at the meeting.
11.2 The Council may amend the minutes to more accurately reflect what transpired at the meeting. Upon receipt of the minutes in the Council agenda packet, the Councilors should read and submit any changes, additions or corrections to the City Recorder in order that a corrected copy can be issued prior to the meeting for approval. Under no circumstances shall the minutes be changed following approval by the Council, unless the Council authorizes such change, with the exception of grammatical errors.
12. BIAS AND EX-PARTE CONTACTS
12.1 Any proponent, opponent or other party interested in a quasi-judicial matter to be heard by Council may challenge the qualification of any Councilor to participate in such hearing and decision. The presiding officer shall provide an opportunity to respond to the challenge. The Council should make a determination on the challenge and the participation of the Councilor. Such challenges and the Council’s decision shall be incorporated into the record of the hearing.
12.2 In the case of a quasi-judicial matter that is heard by the Council, a Councilor shall disclose his or her participation in a prior hearing or action on any matter that is before the Council and after disclosure, shall not participate in the matter and shall step down. Common examples include when a Planning Commission member is elected or appointed to the City Council or when a Councilor appears and testifies as a private citizen at a Planning Commission meeting. In the event of a challenge for bias, if the City Council determines there is potential for actual bias, the Councilor should step down or if necessary, the Council may vote on a motion to disqualify the challenged councilor from participating in the matter.
12.3 In quasi-judicial matters, Councilors should refrain from having ex parte contacts. Ex parte contacts include oral or written communication with a party, or information concerning the matter, obtained under circumstances that do not involve all parties to the proceeding. Ex parte contacts include any visual, oral or written information obtained by a Councilor that all participants do not receive.
12.4 Councilors shall disclose any ex parte contact at the beginning of the public hearing. The Councilor shall describe the substance of the contact, and the presiding officer shall announce the right of interested persons to rebut the substance of the communication. The Councilor also will state whether such contact affects the Councilor’s ability to participate in an impartial manner.
12.5 For quasi-judicial hearings, a Councilor who was absent during the presentation of evidence shall not participate in any deliberations or decision regarding the matter unless the Councilor has first reviewed all the evidence and testimony received.
13. ETHICS
13.1 Councilors shall be familiar with and observe the requirements of the State Ethics Law (ORS 244.010 to ORS 244.390) dealing with the use of public office for private financial gain. Any questions about ethics shall be directed to the city manager or city attorney.
13.2 Generally, conflicts of interest arise in situations in which a Councilor, as a public official deliberating in a quasi-judicial proceeding, has a potential or actual financial (pecuniary) interest in the matter before the Council. Under Oregon Government Ethics Law, a Councilor must publicly disclose a potential or actual conflict of interest and, in the case of an actual conflict of interest, must step down and not participate in the matter. [See also ORS Chapter 244.]
13.3 Although a determination of conflict of interest is a personal Councilor decision, any Councilor may seek the advice of the city attorney prior to disclosure of any potential or actual conflict of interest.
14. PUBLIC RECORDS
14.1 Public Record Defined. A public record includes any document, book, paper, photograph, file, sound recording, machine readable electronic record, electronic communications, or other material, regardless of physical form or characteristics, made, received, filed or recorded in connection with the transaction of public business, whether or not confidential or restricted in use.
For purposes of these rules, “Electronic Communications” means E-mail, text messages or other forms of communications transmitted or received by technological means. “Electronic Communications Devices” means desktop or lap-top computers, blackberries, cell- phones, notebooks, tablets, pads, or other similar devices capable of transmitting or receiving messages electronically.
14.2 Electronic Records. All communications on electronic communications devices have the same public records character as they would have had they been sent on paper. Any electronic communications that may be exempt from disclosure under Oregon public records law should be clearly marked as confidential and exempt from disclosure. Unless exempt, electronic records in any way relating to the business of the city created on electronic communication devices not owned or provided by the city are subject to review and disclosure under Oregon Public Records law. Electronic records, including emails sent and received on city systems are the property of the city and public records. Councilors should assume that most correspondence about city business, even if contained on personal electronic communication devices, is a public record subject to disclosure. There is no protected right of privacy if the electronic record is a public record. Unless the City Attorney determines a records exemption applies, on an individual case basis, you should assume no privacy right in these areas.
14.3 Retention. Public records created or received by Council members, including electronic communications, shall be retained in accordance with Oregon Public Records Law and the rules of the Secretary of State and State Archivist. To this end, Councilors shall use only official City email addresses for the conduct of City business. If Councilors inadvertently receive electronic communications concerning city business on personal electronic communication devices, Councilors shall forward such public records to their official email addresses for retention. Councilors shall reply to such messages by directing the sender to the official city email address. Similarly, all written public records should be in the possession of the City. Councilors shall annually deposit with the City Recorder any written and electronic records for retention. The City Recorder shall establish a schedule for Councilors to turn in public records for retention purposes.
14.4 Public Meetings. Under the Public Meetings Law, any time a quorum of the Council meets to make a determination or gather information, a “public meeting” may be presumed to occur. Councilors shall therefore avoid inadvertent electronic meetings by limiting use of e-mail communication to no more than two councilors at any one time.
15. CITY ATTORNEY
15.1 Requests to the City Attorney for advice requiring significant legal research shall not be made by a Councilor except with the concurrence of the Council. Before requesting research or other action by the city attorney, the Council is encouraged to first consult with the city manager to ascertain whether there is already information available on the matter. Outside a Council meeting, a Councilor should make requests of the city attorney by direct contact with the city attorney or through the city manager.
16. EXPENSES AND REIMBURSEMENT
16.1 City Councilors may be reimbursed for eligible expenses related to official city business that occurs in the State of Oregon and in the Councilor’s official capacity as a City Councilor. Eligible expenses include:
A. Travel to meetings to which a Councilor is a member appointed by Council;
B. Travel and lodging to the annual League of Cities Conference;
C. Travel to a training provided by the League of Cities;
D. Any other travel, training or function authorized by Council; and
E. Expenses of the Mayor related to the attendance at functions where the City’s presence is customary or expected.
16.2 All expenses are subject to budgetary limitations. Councilors shall be reimbursed according to the administrative procedure for reimbursement of eligible expense related to city business. Councilors shall direct any questions on reimbursement to the city manager. [See Charter Section 3.7 Compensation]
17. AMENDMENTS AND SUSPENSIONS OF RULES
17.1 Any part of these operating procedures and policies may be temporarily suspended by a majority vote of those members of the Council present and voting.
17.2 These operating procedures and policies may be permanently amended by ordinance with prior notice of the proposed change provided to each member of the Council.
(Ord. 2023-13 § 1; Ord. 2019-18 § 1; Ord. 2018-04 § 2 (Exh. A); Ord. 2017-20 (Exh. A))