Chapter 2.03 BOARDS, COMMISSIONS AND COMMITTEES

Unless otherwise specifically provided, all boards, commissions, and committees created by ordinance or statute shall be bound by the following general provisions:

A. The use of the word “board” in this section includes commissions and committees.

B. The board shall elect annually a chairperson and vice-chairperson to serve for the year with their terms to begin with the first board meeting in January.

C. A majority of the number of positions on the board shall constitute a quorum for the conduct of business.

D. Each board shall make an annual report to the Council containing a summary of activities of the board for the preceding year and making any recommendations for legislation in the area of its expertise.

E. Each board shall adopt written by-laws and rules of procedure for the conduct of its business, which shall include, but not be limited to, the method for memorializing a decision, the rules of order and, where not governed by ordinance or statute, the selection of a member to chair the meeting. These rules shall be consistent with the Charter, Code and City ordinances and any official policies established by the Council. Copies of the rules shall be available to the public.

F. Each board shall meet at the call of the chairperson and at such other times as a majority of the board may determine or as may be required. The deliberations and proceedings of the board shall be subject to the provisions of Oregon Public Meetings Law. The board shall keep minutes of its proceedings, and such minutes shall be public records. An action or recommendation by a board or committee in the name of that board or committee that is advisory to a city governing body such as the Planning Commission or City Council, including but not limited to an appeal to the City Council of a land use decision made at a lower level of review, shall not be considered by the Council unless notice of the proposed action or recommendation and the board or committee’s deliberations and vote on same conform to the requirements for a

“public meeting” as that term is defined in Oregon law.

G. Members of each board shall serve a term of three years or until their successors are appointed. Terms of office shall begin on the first day of the calendar year. Members of boards established and operating at the time of enactment of this Code chapter shall hold office on their respective boards for a three-year period from the date of original appointment or until their successors are appointed. Vacancies shall be filled for the remainder of an unexpired term as provided by section 19 of the Beaverton Charter or other applicable law.

[BC 2.03.002, amended by Ordinance No. 4247, 3/17/03]

II. BEAVERTON CABLE COMMUNICATIONS COMMISSION

2.03.010 Continued.

There is hereby continued a commission to be known as the Beaverton Cable Communications Commission (hereafter commission) to oversee, administer and enforce the terms and provisions of BC 2.03.010 through 2.03.014, and any other City cable regulations or Code provisions and any franchise awarded under them. The Council may contract, jointly agree or otherwise provide with other local or regional governments, counties, special districts or commissions to perform some or all of the functions of the commission in lieu of proceeding pursuant to the above language and BC 2.03.012 and BC 2.03.014 below.

For the purposes of BC 2.03.010 through 2.03.014, the terms “system” or “cable communications system” shall have the same meaning given to those terms in BC 4.10.015.

2.03.012 Membership.

The commission shall consist of three persons appointed by the mayor with the concurrence of a majority of the Council. Each member shall serve a term of three years and at the pleasure of the mayor subject to confirmation of the Council; except that appointments to the first commission shall be for one-, two- and three-year terms, respectively. Any vacancy in the office shall be filled in the same manner as the original appointment to serve the remainder of the term. No person with ownership interest in a cable television franchise granted pursuant to this Code or any employee of such person shall be eligible for membership on the commission. The city attorney or the city attorney’s designee shall serve as an ex officio member of the commission, but shall not have voting power.

2.03.014 Powers and Duties.

The commission is hereby delegated the power to carry out any or all of the following functions:

A. Advise the Council on applications for franchises;

B. Advise the Council on matters that might constitute grounds for revocation or termination of a franchise pursuant to its terms;

C. Resolve disagreements among franchisees and public and private users of the system. The decisions of the commission shall be reviewable by the Council, in accordance with procedures adopted by Council resolution;

D. Act as the initial hearing board for all requests for rate settings or adjustments, except that all such decisions of the commission shall be reviewed and ratified by the Council;

E. Coordinate the franchisee’s consultant services to facilitate government, educational, community group and individual use of the public channels;

F. Determine general policy relating to the service provided subscribers and the operation and use of access channels, with a view to maximizing the diversity of programs and services to subscribers. The use of access channels shall be allocated on a first come, first served basis, subject to limitations on monopolization of system time, or prime time;

G. Encourage use of access channels among the widest range of institutions, groups and individuals within the City;

H. Submit an annual report to the Council, which contains, at a minimum, the total number of hours of utilization of access channels, a review of any plans submitted during the year by a franchisee for development of new services, and hourly subtotals for various programming categories. The annual report shall include the following programming categories:

1. Local educational uses including library, public and private schools;

2. Public access for local programming under public control;

3. Local government access such as fire, police, burglar alarms, and public announcements;

4. Channel time use for lease for pay television;

5. Channel time use for lease for business or municipal uses, including telemetry of information; and

6. Information retrieval and professional communication.

I. Act on behalf of and as the designee of the Council in intergovernmental matters relating to systems, cooperate with other systems, and supervise interconnection of systems;

J. Submit budget requests to the Budget Committee for requested appropriation of funds to carry out its functions;

K. Audit all franchisee records required by the franchise and, in the commission’s discretion, require the preparation and filing of information additional to that required by the franchise;

L. Conduct evaluations of the system at least every three years with the franchisee, and make recommendation to the Council for amendments to the Code provisions or the franchise agreement;

M. Employ, with the approval of the Council, the services of a technical consultant, to assist in the analysis of any matter relative to any franchise under this Code;

N. Propose regulations and procedures necessary to enforce franchises and to clarify their terms. The regulations and procedures shall be without force and effect until approved by the Council;

O. Develop a rules and procedures manual to define the commission’s functions and responsibilities, and adopt rules and procedures in relation to it. The manual, and any amendments shall be without force and effect until approved by the Council; and

P. Exercise any other power or perform any other function authorized by the Council.

III. BOARD OF CONSTRUCTION APPEALS

2.03.030 Continued.

The Board of Construction Appeals (hereafter board), established by Ordinance No. 1824 is hereby continued. All appeals and other matters pending before the board are continued, and the board continued in this section shall have jurisdiction over the pending appeals and other matters.

2.03.032 Membership.

The board shall consist of nine members who are not Council members, officers or employees of the City. The members of the board shall be appointed by the mayor, subject to confirmation by the Council, and shall serve at the pleasure of the mayor and the Council. [BC 2.03.032, amended by Ordinance No. 4027, 12/8/98]

2.03.034 Qualifications.

A. The nine members shall include:

1. One individual representing the general public;

2. One builder who has been actively engaged in the building business for at least two years immediately preceding the builder’s appointment;

3. One architect, registered under State laws, who has actively practiced the profession for at least three years immediately preceding the architect’s appointment;

4. One professional civil or structural engineer, registered under State laws, who has actively practiced the profession of engineering for at least three years immediately preceding the engineer’s appointment.

5. One individual specially qualified by education, training or experience to pass upon matters pertaining to fire protection;

6. One licensed journeyman plumber;

7. One contractor or installer of heating, ventilation, comfort cooling or refrigeration systems;

8. One person from the citizens with disabilities community;

9. One State certified building official employed by an Oregon political subdivision other than the City of Beaverton.

C. Unless otherwise specified, each board member shall have worked at the member’s respective profession or trade for at least five years immediately preceding the member’s appointment. [BC 2.03.034, amended by Ordinance No. 4027, 12/8/98]

2.03.036 Presiding Members.

The Board shall elect a chairperson and vice-chairperson at its first meeting in each calendar year. The building official or his/her designee shall serve as secretary of the board according to the provisions of BC 8.06.035. The building official or his/her designee is entitled to sit with the board and take part in its discussions but does not have the right to vote. [BC 2.03.036, amended by Ordinance No. 4027, 12/8/98]

2.03.038 Conflict of Interest.

No member of the board shall sit in any matter in which that member has a personal or pecuniary interest. If any such matter comes before the board, the mayor shall appoint with Council confirmation an appropriate substitute.

2.03.040 Powers and Duties.

Except as otherwise provided in this Code, the board shall have all the powers and duties vested in the various boards of appeal as specified in the provisions of BC 8.01.010 through 8.01.090, BC 8.02.005 through 8.02.130 and BC 8.06.005 through 8.06.070, as now or hereafter amended or replaced comparable provisions.

2.03.042 Composition; Quorum; Voting.

A. For the purpose of adopting its rules of procedure and any matters relating to all codes, the board shall consist of nine members. Five members shall constitute a quorum.

B. All decisions of the board shall be by a majority vote of those members present and voting. [BC 2.03.042, amended by Ordinance No. 4027, 12/8/98]

IV. COMMITTEE FOR CITIZEN INVOLVEMENT

2.03.050 Continued.

The Committee for Citizen Involvement (hereafter committee) established by Resolution No. 2058 is hereby continued as the Beaverton Committee for Citizen Involvement, or BCCI. [BC 2.03.050, amended by Ordinance No. 4247, 3/17/03]

2.03.052 Membership.

Members of the committee shall be:

A. Five at large members appointed by the mayor and confirmed by the Council; and

B. One member from each duly recognized neighborhood association committee within the City, said representative to be appointed by their respective neighborhood association committee; provided, however, that the total number of neighborhood association committee representative to the committee shall not exceed 13.

The five at large members shall serve three-year staggered terms. The at large members shall be selected after an open, well-publicized public interview process. To the extent possible, member appointments shall be broadly representative of geographic areas and shall have demonstrated interests related to citizen involvement and land use.

C. Each duly recognized neighborhood association committee (NAC) also may appoint an alternate to serve on BCCI, provided that the alternate shall have the same minimum qualifications for appointment as does that NAC’s primary representative and provided further that the alternate may act only in lieu of and not in addition to that NAC’s primary representative when representing that NAC at BCCI. [BC 2.03.052, amended by Ordinance No. 3557, 3/24/87; Ordinance 4247, 3/17/03]

2.03.054 Powers and Duties.

The committee shall act in advisory capacity to the Council and its duties include:

A. To recommend to the Council, planning commission and planning staff a program to assure the continuous opportunity for affected citizens to exchange ideas and information with City government.

B. To monitor and evaluate citizen involvement programs that the Council may adopt and publicize.

C. To report to the Council on a regular basis in the following manner:

1. Through written or verbal monthly reports and minutes of meetings; and

2. As a standing committee periodically on the Council’s agenda.

D. To perform such other duties as the Council may authorize from time to time by approval of amendments to BCCI bylaws as are proposed by BCCI. [BC 2.03.054, amended by Ordinance No. 4247, 3//17/03]

V. TRAFFIC CONTROL BOARD

2.03.070 Repealed.

[BC 2.03.070, repealed by Ordinance No. 4225, 9/9/02]

2.03.072 Repealed.

[BC 2.03.072, repealed by Ordinance No. 4225, 9/9/02]

2.03.074 Repealed.

[BC 2.03.074, repealed by Ordinance No. 4225, 9/9/02]

2.03.076 Repealed.

[BC 2.03.076, repealed by Ordinance No. 4225, 9/9/02]

VI. TRAFFIC COMMISSION

2.03.080 Traffic Commission Established.

The Traffic Commission hereby is established, to consist of seven city residents who are not City officials or employees who shall be appointed by the Mayor and confirmed by the Council. Commissioners shall serve at the pleasure of the Mayor and for a three-year term, except that the initial appointments to the Commission shall be for one-year and two-year terms for two commissioners each. The Mayor, the City Attorney and other city employees as the Council may designate from time to time may sit with the Commission and take part in its discussions but shall not have the right to vote. The Mayor shall designate a city engineer to serve as secretary to the Commission and keep an accurate record of all commission proceedings. [BC 2.03.080 added by Ordinance No. 3875, 1/10/94]

2.03.082 Powers and Duties.

The Commission has only those powers and duties as are now or hereafter granted and imposed on it by the City Charter, ordinances and directives of the Council. The Commission shall advise the Council on traffic safety issues of a neighborhood or greater significance, assist in promulgating standards and policies relating to neighborhood traffic management, and review and comment upon changes to traffic patterns and programs proposed by the city, county or state. The Commission otherwise shall consider only those matters referred to it by the Council or by the city engineer who acts as its secretary. All actions of the Commission shall be deemed advisory to the Mayor and Council and shall have no legislative or judicial effect unless and until formally adopted by the City Council. [BC 2.03.082 added by Ordinance No. 3875, 1/10/94]

VII. PLANNING COMMISSION

2.03.090 Continued.

The Planning Commission (hereafter commission) established by Ordinance No. 1810 is hereby continued. [BC 2.03.090, amended by Ordinance No. 4224, 8/19/02]

2.03.092 Repealed.

[BC 2.03.092, repealed by Ordinance No. 4224, 8/19/02]

2.03.093 Repealed.

[BC 2.03.093, added by Ordinance No. 3985, 6/24/97; repealed by Ordinance No. 4224, 8/19/02]

2.03.094 Repealed.

[BC 2.03.094, repealed by Ordinance No. 4224, 8/19/02]

2.03.096 Repealed.

[BC 2.03.096, repealed by Ordinance No. 4224, 8/19/02]

2.03.098 Repealed.

[BC 2.03.098, repealed by Ordinance No. 4224, 8/19/02]

VIII. FACILITIES REVIEW COMMITTEE

2.03.110 Continued.

The Facilities Review Committee (hereafter committee) established by Ordinance No. 2058 is hereby continued. [BC 2.03.110, amended by Ordinance No. 4224, 8/19/02]

2.03.112 Repealed.

[BC 2.03.112, repealed by Ordinance No. 4224, 8/19/02]

2.03.114 Repealed.

[BC 2.03.114, amended by Ordinance No. 3625, 7-25-88; repealed by Ordinance No. 4224, 8/19/02]

IX. BOARD OF DESIGN REVIEW

2.03.130 Continued.

The Board of Design Review (hereafter board) established by the Development Code is hereby continued. [BC 2.03.130, amended by Ordinance No. 3626, 7-25-88; repealed by Ordinance No. 4224, 8/19/02]

2.03.132 Repealed.

[BC 2.03.132, amended by Ordinance No. 3626, 7/25/88; repealed by Ordinance No. 4224, 8/19/02]

2.03.134 Repealed.

[BC 2.03.134, amended by Ordinance No. 3727, 6/11/90; repealed by Ordinance No. 4224, 8/19/02]

2.03.136 Repealed.

[BC 2.03.136, amended by Ordinance No. 3626, 7/25/88; repealed by Ordinance No. 4224, 8/19/02]

2.03.138 Repealed.

[BC 2.03.138, repealed by Ordinance No. 4224, 8/19/02]

2.03.140 Repealed.

[BC 2.03.140, repealed by Ordinance No. 4224, 8/19/02]

X. HISTORIC RESOURCE REVIEW COMMITTEE

2.03.141 Repealed.

[BC 2.03.141, repealed by Ordinance No. 4352, 5/2/05]

2.03.142 Repealed.

[BC 2.03.142, repealed by Ordinance No. 4352, 5/2/05]

2.03.144 Repealed.

[BC 2.03.144, repealed by Ordinance No. 4352, 5/2/05]

2.03.146 Repealed.

[BC 2.03.146, repealed by Ordinance No. 4352, 5/2/05]

2.03.148 Repealed.

[BC 2.03.148, repealed by Ordinance No. 4352, 5/2/05]

XI. BUDGET COMMITTEE

2.03.150 Continued.

There is hereby continued a Budget Committee, the composition and duties as established by ORS 294.336.

XII. AUDIT COMMITTEE

2.03.170 Continued.

The Audit Committee (hereafter committee) established by Resolution No. 2306 is hereby continued.

2.03.172 Membership.

The committee shall be composed of three members, one who shall be a member of the Council and two who shall be lay or citizen members of the budget committee. The chairperson of the budget committee shall appoint the committee members.

2.03.174 Term of Office.

The term of office for committee members shall be three years, except that the initial 2 terms shall be staggered to provide for continuity of membership. The initial three members shall be appointed by the chairperson for one-, two- or three-year terms, and thereafter, each new member shall be appointed for a three-year term. The chairperson shall fill any vacancy in office to serve the remainder of the vacated term and may reappoint members to new terms.

2.03.176 Meetings.

The committee shall meet at least two times per year with the auditor. One meeting shall be held prior to commencement of the audit examination to review the plan, scope and approach of the audit. Another meeting shall be held following completion of the audit examination and receipt of the annual audit report by the Council, to independently review the audit report. More frequent meetings may be held for the purpose of making additional inquiries of the auditor and the auditor’s performance.

2.03.178 Powers and Duties.

The powers and duties of the committee include:

A. To review with the auditor the financial statements relied upon by the auditor following submission of the annual audit report to the Council. The purpose of this review is to receive comments concerning the adequacy and content of the financial statements and to facilitate an analysis of the annual audit report which has been submitted to the Council;

B. To make an appraisal of the effectiveness of the overall audit effort. Such an appraisal may include a discussion of the overall approach to and scope of the audit examination with emphasis on specific areas of concern the committee or the auditor deems important;

C. To review financial or audit reports prepared by the auditor and the mayor or the mayor’s designee for financial matters;

D. To make recommendations to the Council concerning the appointment of the auditor for the ensuing year and the fee for services. Although the Council appoints the auditor, the Committee may allow input from the finance director of the City as to recommendations for the appointment of the auditor;

E. To request to the Council that it instigate a special inquiry or investigation if the committee is made aware of financial transactions which may be fraudulent or otherwise improper.

XIII. CITY LIBRARY BOARD

2.03.190 Continued.

The City Library Board (hereafter Board) established by Ordinance No. 1809 is hereby continued.

2.03.192 Membership.

The Board shall consist of seven members who are not Council members, officers or employees of the City and who shall be appointed by the mayor and confirmed by the Council.

2.03.194 Term of Office.

Appointments shall be for a term of three years or until successors are appointed. Terms of office shall begin on the first day of the calendar year. Any vacancy shall be filled for the remainder of the unexpired term as provided in BC 2.03.192. The mayor, with the approval of the Council, may remove any member of the board for cause. Members of the board holding office at the time of enactment of this Code chapter shall hold office for the terms for which they were appointed and until their successors are appointed.

2.03.196 Powers and Duties.

The board shall:

A. Consult with the city librarian on all matters pertaining to the Beaverton City Library, including those matters set forth in BC 2.02.052 of this chapter.

B. Make recommendations to the mayor and the Council regarding all matters pertaining to the Beaverton City Library.

C. Perform such other related duties as directed by the mayor or the Council.

XIV. LOCAL CONTRACT REVIEW BOARD

2.03.210 Continued.

The Council is hereby continued as the Local Contract Review Board (hereafter Board).

2.03.212 Powers and Duties.

The board has the following powers and duties with respect to public contracts and bidding:

A. It may grant exemption from local rules concerning bidding and State law requirements.

B. It may direct use of alternate contracting and purchasing practices when granting exemptions that take account of market realities and modern or innovative contracting and purchasing methods that are consistent with the public policy of encouraging competition;

C. It shall adopt rules and regulations governing City contracts and bidding procedures;

D. It may, with regard to personal services contracts, upon complaint or the board’s own motion, investigate screening and selection procedures, issue orders to cease and desist in screening and selection procedures, adopt and prescribe screening and selection procedures;

E. It shall adopt rules allowing the Council to declare emergencies that require exemptions from competitive bids.

F. It may grant exemptions for specifications of brand names;

G. It may by rule, ordinance, or resolution designate certain service contracts or classes of service contracts as personal service contracts;

H. It may approve prequalification procedures;

I. It shall hear and determine appeals of disqualification;

J. It may require bids to be published more than once; and

K. It has all other powers necessarily implied by this chapter or ORS 279.013 to 279.055.

2.03.214 Conduct of Business.

The Council acting as the Local Contact Review Board shall conduct its business in a manner consistent with the requirements of this Code and in the same manner as it conducts other Council business. The requirements of this section may be modified any time the board adopts different rules to govern its conduct of business.

XV. BEAVERTON ARTS COMMISSION

2.03.230 Creation.

There is hereby created a commission known as the Beaverton Arts Commission, composed of a board and general members, to encourage greater opportunities for and recognition of arts in the Beaverton area and to stimulate private and public initiative and financial support of programs and activities in the arts. [BC 2.03.230, added by Ordinance No. 3313, 3/22/83]

2.03.232 Definition.

As used in BC 2.03.230 through 2.03.240 the following means:

Arts – Includes, but is not limited to, instrumental and vocal music; dance, drama, folk art, creative writing and poetry; architecture and landscaping design and the fields allied to them; painting, sculpture, photography; graphic and craft arts; industrial design; costume and fashion design; motion pictures, telecommunications, both video and audio (such as cable broadcast, television and radio); tape and sound recording; the history, criticism, theory and practice of the arts; and the arts related to the presentation, performance, execution and exhibition of such art forms. [BC 2.03.232, added by Ordinance No. 3313, 3/22/83]

2.03.234 Board Membership.

The power and authority of the Commission shall be exercised by a Board in accordance with BC 2.03.230 through 2.03.240 and the Board’s duly adopted by-laws. The Board shall be composed of up to 15 members appointed by the mayor and confirmed by the Council. Terms of office shall be for one to three calendar years, with a two term total of not more than six years, but original terms may be staggered by the mayor in order to assure continuity of the Board. A quorum shall be a majority of the Board and the concurrence of a majority of its members present who vote is necessary to determine a question before the Board. Vacancies on the Board shall be filled in the same manner as the original appointment and the appointed person shall serve the unexpired term of the original appointment. The mayor or mayor’s designee shall serve as an ex officio member of the Board and possess the right to attend all meetings, but shall not be entitled to vote on matters coming before the Board. [BC 2.03.234, added by Ordinance No. 3313, 3/22/83; amended by Ordinance No. 3510, 5/13/86; Ordinance No. 4028, 12-15-98]

2.03.235 City Funding.

The Council shall determine the amount of city funds, equipment and services to be allocated to support the activities of the Arts Commission on an annual basis as part of the annual budget process. [BC 2.03.235, added by Ordinance No. 4080, 12/9/99]

2.03.236 General Members.

A schedule of contributions to the Beaverton Arts Commission Account shall be established and amended from time to time by the Board, in the manner set forth in its by-laws. Contributions in accordance with the established schedule shall entitle the contributor to general membership on the Commission for one year. General membership to the Commission is solely in recognition of contributions to the Arts Commission Account of the general fund of the City and carries with it none of the powers, duties and responsibilities of the Board. [BC 2.03.236, added by Ordinance No. 3313, 3/22/83; amended by Ordinance No. 3510, 5/13/86]

2.03.238 Powers and Duties.

The commission is hereby delegated the following duties and the power to carry out any and all of the following functions:

A. Within the limits of funds available develop, maintain and make available to the public information concerning:

1. The cultural and artistic resources and activities within the State.

2. The organizations and groups conducting, supporting or fostering programs and activities involving the employment, conservation and presentation of such resources.

B. Recommend to the Council programs and plans:

1. To encourage broad public participation in, and understanding of, programs in the arts.

2. To encourage public interest in conserving and understanding the cultural and artistic heritage of the City and of its people.

3. To stimulate and encourage throughout the City the presentation, enjoyment and study of the arts, especially among the youth and elderly people.

4. To encourage and facilitate, where feasible, programs, productions, exhibitions and performances of outstanding works of art and artistic talent in the fields of the arts.

C. Advise and assist upon request and within the limits of the funds available:

1. The mayor, Council and the public concerning the development, housing, presentation and conservation of the artistic and cultural resources within the City.

2. The mayor and Council concerning the acceptance and disposition of gifts of art to the City.

D. Recommend to Council the means for recognizing distinguished artists and other Beaverton citizens whose creative works or effort or whose services of philanthropy on behalf of the arts are such as to merit the official appreciation of the people of the City.

E. In performing its duties the commission, within the limits of available funds, may:

1. Conduct hearings and conferences to develop facts, to explain programs and activities, and to obtain advice.

2. Recommend to Council entrance into agreements with other public agencies and with associations and individuals for services which will assist the commission.

3. Recommend to Council making grants to local agencies, to associations or to individuals for the development and conservation of programs in the arts, such grants to be made in accordance with rules adopted by the commission and approved by Council.

F. The commission shall prepare and study plans for participation of public agencies and associations in state and federal government programs for the support and encouragement of the arts.

G. Subject to Council approval, the commission may apply for and accept grants or services from the state or federal government or any of their agencies, from associations, from individuals and from private corporations to carry out its purposes. Grants or services from individuals, associations or private corporations shall not be accepted if restricted to a use which would be contrary to City, State or federal laws.

H. Subject to Council approval, the commission may solicit and accept gifts, bequests or devises of money, securities or other property of whatever character to carry out its purposes. A restricted gift, bequest or devise shall not be accepted if such restriction would be contrary to City, State or federal laws.

I. Except as prohibited by law or restricted by the terms of the gift, bequest or devise, the commission may recommend to Council the sale or exchange of any property accepted as a gift, bequest or devise as it may from time to time determine. The income from such money, securities or other property shall be credited to the Arts Commission Account established by BC 2.03.240. [BC 2.03.038, added by Ordinance No. 3313, 3/22/83]

2.03.239 Public Art.

A. As used in this section:

1. “Public art” means original artwork placed on public property or on public right-of-way or on private property visible from public property and for which the City owns an easement allowing for such placement and that has been approved by the Beaverton Arts Commission.

2. “Selection panel” means a group responsible for reviewing proposed public art and making recommendations to the Beaverton Arts Commission on the selection of public art.

B. Public art that is displayed pursuant to this section may be sited in, on or about any project or other property owned, leased, or rented by, donated to, or otherwise made available to and accepted by the City of Beaverton under such additional terms and conditions as may be required by the Beaverton Arts Commission.

C. All interests in public art acquired pursuant to this section shall be acquired in the name of the City of Beaverton. Title to any easements for display of such art on private property shall be granted to and are subject to written acceptance by the City of Beaverton acting through its Mayor for the use and benefit of the public.

D. A decision by the Beaverton Arts Commission, upon a recommendation by the selection panel, as to the acquisition, fabrication, installation, deaccessioning, management, community education and registration of public art shall be the City’s final decision.

E. The Beaverton Arts Commission shall adopt rules and guidelines for the selection, acquisition and display of all public art in a form to be approved by the City Attorney. [BC 2.03.239, added by Ordinance No. 4481, 4/21/08]

2.03.240 Arts Commission Account.

There hereby is established in the general fund of the City an account to be known as the “Arts Commission Account.” All money received by the commission pursuant to BC 2.03.236 and BC 2.03.238 shall be paid into the City’s general fund and credited to the Arts Commission Account. All

money in such account hereby is restricted for use in carrying out the commission’s purposes. [BC 2.03.240, added by Ordinance No. 3313, 3/22/83]

XVI. DISABLED CITIZENS’ ADVISORY COMMITTEE

2.03.250 Established.

There is hereby established a Disabled Citizens’ Advisory Committee; its powers and duties are described in the following sections. [BC 2.03.250, added by Ordinance No. 3783, 8/26/91]

2.03.251 Membership.

A. The committee shall consist of seven members as follows:

1. At least four members with disabilities (as defined by the Americans with Disabilities Act).

2. The remaining members qualified by knowledge of or interest in issues faced by disabled citizens, or a combination thereof.

B. The members of the committee shall be appointed by the Mayor and confirmed by the Council. When possible, the Mayor shall appoint individuals who are either property owners, residents, or actively engaged in business or employment in the City. [BC 2.03.251 added by Ordinance No. 3783, 8/26/91]

2.03.252 Term of Office.

Appointments shall be for a term of three years or until successors are appointed. Terms of office shall begin the first day of the calendar year. Any vacancy shall be filled for the remainder of the unexpired term in the same manner provided for in BC 2.03.251. Committee members serve at the pleasure of the Mayor, and removal shall be confirmed by the Council. [BC 2.03.252, added by Ordinance No. 3783, 8/26/91]

2.03.253 Presiding Members.

The Committee shall elect a chairperson who shall be elected annually to serve a one year term. In the absence of the chairperson, the chairperson shall designate a member of the committee to serve in that capacity as the chairperson’s designate. [BC 2.03.253, added by Ordinance No. 3783, 8/26/91]

2.03.254 Staff Liaison.

The Mayor shall appoint a staff liaison to the Committee. [BC 2.03.254, added by Ordinance No. 3783, 8/26/91]

2.03.255 Voting, Meetings.

A. The concurrence of a majority of the members of the committee present and voting is necessary to determine any question before the committee.

B. The committee shall meet at least quarterly, but may meet more often if a majority of the committee concurs. [BC 2.03.255, added by Ordinance No. 3783, 8/26/91]

2.03.256 Powers and Duties.

The committee’s duties shall be those assigned them by the Mayor and/or Council. [BC 2.03.256, added by Ordinance No. 3783, 8/26/91]

XVII. HUMAN RIGHTS ADVISORY COMMISSION

2.03.260 Established.

There is hereby established a Human Rights Advisory Commission (HRAC). The commission shall consist of nine members demographically representative of the residents of the City of Beaverton. When possible, the Mayor shall appoint individuals who are either property owners, residents or engaged in business or employed in the City. [BC 2.03.260, added by Ordinance No. 3841, 4/12/93]

2.03.265 Term of Office.

Appointments shall be made for a term of three years or until successors are appointed, except the terms of the first appointments shall be staggered so that the term of office of not more than three members will expire in the same year. Terms of office shall begin the first day of the calendar year. Any vacancy shall be filled for the remainder of the unexpired term in the same manner provided for in BC 2.03.260. Committee members serve at the Mayor’s pleasure. [BC 2.03.265, added by Ordinance No. 3841, 4/12/93]

2.03.270 Organization.

The commission shall elect a chairperson and vice chairperson who shall hold office at the pleasure of the commission. The City shall provide a staff liaison skilled in human resources and such staff as necessary to provide secretarial support and recordkeeping necessary for the commission. The commission shall meet at least four times each year and at such other times as it may provide by its bylaws. [BC 2.03.270, added by Ordinance No. 3841, 4/12/93; amended by Ordinance No. 3878, 2/7/94]

2.03.275 General Powers and Duties.

The commission shall be advisory and shall have powers, duties, and functions as follows:

A. Promote harmonious intergroup relations within the city of Beaverton by enlisting the cooperation of various racial, religious, and nationality groups, business, community, labor and governmental organizations, fraternal and benevolent associations, educational and other groups;

B. Examine sources of tension, practices of discrimination and acts of prejudice by employees of the city of Beaverton;

C. Perform conciliatory services that do not conflict with the functions of any other government agency or city department;

D. Make recommendations concerning solutions to specific problems of prejudice or discrimination in the city of Beaverton;

E. Recommend to the City Council, action, policies and legislation to be considered by state and local governments; and

G. Make such reports to the City Council as the Council may request. [BC 2.03.275, added by Ordinance No. 3841, 4/12/93; amended by Ordinance No. 3878, 2/7/94]

2.03.280 Investigation.

A. Upon receiving information of a possible act of discrimination or prejudice, any person may make a full report of his or her information, including the source thereof, to the staff liaison to the commission who shall promptly notify the chairperson of the commission. The chairperson shall advise the commission of such report at its next meeting.

B. If it appears to the commission that a violation may have been committed, the chairperson shall promptly designate the staff liaison and such other member of the commission as is willing to so act as investigator. The designation of the investigators shall be entered in the minutes of the meeting of the commission. The commission may by majority vote of members present and voting designate a commission member as investigator if the chairperson refuses or neglects to appoint one. The proceedings shall be deemed to have been commenced when the investigators are appointed.

C. The investigators shall make whatever inquiry and investigation of the alleged violation as they deem necessary and shall report their findings to the commission at the next meeting. The investigators shall observe city personnel policies and collective bargaining agreements relating to employee interviews, access to personnel records and rights to notice and hearing when the complaint concerns an employee’s conduct. [BC 2.03.280, added by Ordinance No. 3841, 4/12/93]

2.03.285 Information Required for Complaint.

A. A complaint shall be filed with the staff liaison to the commission, or designee, and shall contain at least the following:

1. The name, business and residence address, and title, if any, of the person alleged to have committed the violation (hereafter the “respondent”);

2. The date or dates on which the violation is alleged to have occurred;

3. A brief description of the practice or act alleged to be a violation;

4. The names of all persons who may have information to help the commission in determining whether in fact an act of discrimination has occurred.

B. The information need not conform to any particular form.

C. The information shall be signed by the person requesting the investigation. [BC 2.03.285, added by Ordinance No. 3841, 4/12/93; amended by Ordinance No. 3878, 2/7/94]

2.03.290 Final Disposition by the Commission.

The commission shall forward the investigators’ report and any recommendations to the Council for its review and action if the commission finds that acts of discrimination or prejudice have occurred. The commission shall direct the secretary to provide a copy of such report to the complainant. [BC 2.03.290, added by Ordinance No. 3841, 4/12/93]

2.03.295 Conflicts with State or Federal Agencies.

On information that there is a proceeding pending before any state or federal court or administrative agency or tribunal having jurisdiction to administer or enforce the provisions of ORS chapter 659, Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991 and any similar other law, the commission shall abate any proceeding before it that involves the same parties and subject matter. [BC 2.03.295, added by Ordinance No. 3841, 4/12/93]

XVIII. SENIOR CITIZENS’ ADVISORY COMMITTEE

2.03.300 Senior Citizens’ Advisory Committee Established.

There is hereby established a Senior Citizens’ Advisory Committee (SCAC). The committee shall consist of eleven members. Nine members will reside in the City and two at large members may reside outside the city limits. When possible, the Mayor shall appoint individuals who are either property owners or residents in the City. [BC 2.03.300, added by Ordinance No. 4002, 12/29/97]

2.03.305 Term of Office.

Appointments shall be made for a term of three years or until successors are appointed, except the terms of the first appointments shall be staggered so that the term of office of not more than three members will expire in the same year. Terms of office shall begin the first day of the calendar year. Any vacancy shall be filled for the remainder of the unexpired term in the same manner provided for in BC 2.03.300. Committee members serve at the Mayor’s pleasure. [BC 2.03.305, added by Ordinance No. 4002, 12/29/97]

2.03.310 Organization.

The committee shall elect a chairperson and vice-chairperson who shall hold office at the pleasure of the committee. The City shall provide staff liaison to provide support and record keeping necessary for the committee. The committee shall meet at least four times each year and at such other times as it may provide by its bylaws. [BC 2.03.310, added by Ordinance No. 4002, 12/29/97]

2.03.315 General Powers and Duties.

The committee shall be advisory and shall have powers, duties and functions as follows:

A. Represent the views of seniors to the general community;

B. Provide review and comment to elected officials and decision-makers regarding public issues, projects and proposals which have a significant impact on the elderly;

C. Educate the general public concerning issues affecting older persons through publication of information and public forums;

D. Perform conciliatory services that do not conflict with the functions of any other government agency or city department;

E. Make recommendations concerning solutions to specific problems affecting senior citizens in the City;

F. Recommend to the City Council action, policies, and legislation to be considered by state and local governments; and

G. Make such reports to the City Council as the Council may request. [BC 2.03.315, added by Ordinance No. 4002, 12/29/97]

XIX. VISIONING ADVISORY COMMITTEE

2.03.330 Visioning Advisory Committee Established.

There is hereby established a Visioning Advisory Committee (VAC). The VAC shall consist of 13 members. Members shall be appointed by the Mayor and confirmed by the City Council. To be eligible to be appointed, members shall reside within the City limits of Beaverton, own property within the City limits of Beaverton, own a business within the City limits of Beaverton, or work within the City limits of Beaverton. As much as possible, the members of the VAC shall be varied in experience and representative of the City as a whole. A diversity of membership is encouraged among seniors, youth, neighborhood and/or civic leaders, business community members, minorities, and members of the community at large. [BC 2.03.330, added by Ordinance No. 4493, 11/17/08]

2.03.332 Term of Office.

Appointments shall be made for a term of three years or until successors are appointed, except the terms of the first appointments shall be staggered. Terms of office shall begin the first day of the calendar year. Any vacancy shall be filled for the remainder of the unexpired term in the same manner provided for in BC 2.03.330. VAC members serve at the Mayor’s pleasure. [BC 2.03.332, added by Ordinance No. 4493, 11/17/08]

2.03.334 General Powers and Duties.

The purpose of the VAC shall be to promote the City’s citizen-based visioning process. The VAC is responsible to promote continued citizen involvement in the visioning process; establish, review, and update a Vision Action Plan for review and approval by the City Council; and provide regular updates on the visioning process to the City Council and the community at large. The VAC shall be advisory and shall have powers, duties, and functions as follows:

A. To work with citizens and staff to develop a Vision Action Plan that embraces the goals of the visioning process and identifies suggested strategies and actions to achieve the stated goals. The plan must be adopted by the City Council prior to implementation. Any changes to the plan must be approved by the City Council prior to implementation.

B. To promote the City’s visioning process and sponsor opportunities to promote the visioning process to the public. To assist in informational opportunities, presentations, open houses, or other public initiatives providing information about the visioning process to the public.

C. To actively review the goals of the visioning process and recommend to the City Council updating the goals, strategies, or action recommendations as needed.

D. To present an annual update on the Vision Action Plan to the City Council for review. [BC 2.03.334, added by Ordinance No. 4493, 11/17/08]

2.03.336 Bylaws.

The City Council hereby approves bylaws for the VAC attached to the ordinance codified in this section as Exhibit A. These may be altered, amended or repealed upon 30 days’ notice at any meeting of the VAC by a simple majority vote of the incumbent VAC members. Amendments shall not be effective until approved by the City Attorney for conformance to City Code and ratified by the City Council. [BC 2.03.336, added by Ordinance No. 4493, 11/17/08]

XX. SISTER CITIES ADVISORY BOARD

2.03.350 Board Created.

The Beaverton Sister Cities Advisory Board is created to help guide the development and activities of a Sister Cities Program, whose mission is to encourage cross-cultural understanding and to promote educational and economic exchange between the citizens of Beaverton and our Sister Cities around the world. [BC 2.03.350, added by Ordinance No. 4494, 11/17/08]

2.03.352 Functions of Advisory Board and Program.

A. The Board shall serve in an advocacy, fundraising, supporting and ambassadorial capacity and will assist in organizing events and promoting a positive image and good relations for the Sister Cities Program and the City of Beaverton with the community, the region, the state and internationally. Board members work to further advance the planning and implementation of initiatives that support the Sister Cities Program. The board membership will be comprised of nine to 15 persons with initial terms of one, two and three years. The successor term of each Board position shall be three years.

B. The Program Coordinator and Advisory Board will develop a strategic plan to confirm the Program mission and values and a two- or three-year plan of goals, objectives and activities. Such community-based activities may include cultural seminars and networking gatherings and a collaboratively planned multicultural festival, featuring, but not limited to, the countries and cultures of Beaverton’s Sister Cities. Delegation visits to Beaverton will highlight interaction and exchange with local businesses, education, City and community services and agencies and broad community engagement. International visits to Sister Cities will be organized upon invitation from each Sister City and initiated to recognize special events and anniversaries, with diverse business and community representation invited to join each delegation. [BC 2.03.352, added by Ordinance No. 4494, 11/17/08]

2.03.354 Program Funding.

The Sister Cities Program shall seek private additional funding in the form of in-kind donations and grants, multi-tiered corporate and organizational sponsorships, and individual and family memberships. The varying levels of sponsorship benefits will correlate with a portfolio of community-based and international activities planned by program staff and the advisory board. The program may offer community memberships with appropriate fees for individuals, families, students and seniors. The City shall hold any such private funding received in trust for Sister Cities Program purposes. [BC 2.03.354, added by Ordinance No. 4494, 11/17/08]

2.03.356 Bylaws.

The City Council hereby approves bylaws for the Sister Cities Advisory Board attached to the ordinance codified in this section as Exhibit A. These may be altered, amended or repealed upon 30 days’ notice at any meeting of the Sister Cities Advisory Board by a two-thirds majority vote of the incumbent Sister Cities Advisory Board members. Amendments shall not be effective until approved by the City Attorney for conformance to City Code and ratified by the City Council. [BC 2.03.356, added by Ordinance No. 4494, 11/17/08]