Chapter 2.05 COUNCIL RULES

The city council of the city of Brookings shall have as its regular meeting dates the second and fourth Mondays of each month of the calendar year; and further, said meetings shall be held within the council chambers of the Brookings City Hall, 898 Elk Drive, Brookings, Curry County, Oregon; excepting, however, whenever appropriate, the mayor may cancel one regular meeting per month. The council shall meet in regular session at least once a month. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 1.]

2.05.020 Study sessions.

Upon legal notice duly given, the Brookings city council shall have the power to schedule study sessions of the city council of the city of Brookings pursuant to Section 13 of the City Charter, which study sessions may be called by the mayor, a majority of the members of the council or the city manager. Each study session shall be devoted exclusively to matters regarding which the interchange of information preliminary to taking action thereon is deemed to be essential. At a study session no formal vote shall be taken on any matter under discussion, nor shall any member enter into a commitment with another respecting a vote to be taken subsequently in a formal meeting. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 2.]

2.05.030 Special meetings.

Upon legal notice duly given, the city council shall have and retain all due powers to set other dates and times for special meetings of the city council of the city of Brookings pursuant to Section 13 of the Brookings Charter. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 3.]

2.05.040 Continuance of meetings.

Any meetings of the city council may be continued from day to day, or for more than one day, but no continuance shall extend beyond the next regular meeting. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 4.]

2.05.050 Quorum.

For the transaction of business by the city council, there shall be present a majority of the members of the council currently holding office. If a quorum is not present, the city recorder shall immediately inform the absent members, except those known to be unavoidably detained, that their presence is required to enable the council to proceed. If the absent member or members do not appear after the notice, the members present shall adjourn until a specific time or until the next regular meeting. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 5.]

2.05.060 Public notice required for meetings.

Public notice, via press release, email, and/or other such means as are appropriate for reasonable communication, shall be given for all city council meetings. Such notice shall provide the time, place, and the principal subjects anticipated to be covered at any meeting of the city council where a quorum is present excepting an executive session, which shall be noticed as required in Chapter 192 ORS. Interested persons and the news media which have stipulated in writing that they wish to be notified of every meeting must be so notified. Such persons, other than those representing the news media, shall be required to express an interest in remaining on the notification list every six months. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 00-O-535 § 6.]

2.05.070 Written minutes.

The council shall provide for the taking of written minutes of all its meetings under the provisions of Chapter 192 ORS. A summary report of all actions taken by the city council at each of its meetings shall be prepared by the city recorder as soon after each meeting as is practicable and shall be distributed to such interested parties as may be determined by the council. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 00-O-535 § 7.]

2.05.080 Agenda.

The city manager shall prepare an agenda of the business to be presented at a regular council meeting. Council members shall be given copies of this no later than the time it is provided to the local media. Additions to the published agenda are not encouraged but may be permitted based on proven need. Nonagenda items brought before the council during a meeting shall normally be for informational purposes only. Unanimous approval of all council members present is a prerequisite for any nonagenda item to be added to the agenda and considered for action. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 00-O-535 § 8.]

2.05.090 Regular or special meetings to be public.

All regular or special meetings and all study sessions of the city council shall be public meetings and open to the public and all persons shall be permitted to attend any meeting. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 9.]

2.05.100 Executive sessions permitted on certain matters.

The city council may conduct an executive session during a regular, special or emergency meeting, or study session as long as appropriate statutory limitations are met. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 10.]

2.05.110 Presiding officer at council meetings – Calling of roll.

The mayor, or in his/her absence, the council president, shall take the chair of city council meetings at the hour appointed and shall immediately call the council to order. The roll shall then be called by the city recorder who shall enter in the minutes of the meeting the names of the councilors present. In the absence of the mayor and the council president, the city recorder shall call the council to order whereupon a temporary presiding officer shall be elected by the members of the council present. Upon arrival of the mayor at the meeting, the council president, if then presiding, shall relinquish the chair upon the conclusion of the business immediately before the council. If a temporary presiding officer is presiding, he/she shall relinquish the chair upon the conclusion of the business immediately before the council to the mayor or council president upon the arrival of either.

The council has an obligation to be clear and simple in its procedures and the consideration of the questions coming before it. It should avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues and arouse the suspicion of the audience and of the citizens of the city in general. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 11.]

2.05.120 Order of business.

The order of business at regular council meetings shall be as follows except the city manager may delete items listed in subsections (D), (E), (F), (G)(1), (H), (I) and (J) of this section when there is no specific business under that item, or may revise the order of business as deemed appropriate and to accommodate public participation. The presiding officer may also revise the order of business.

A. Call to order;

B. Pledge of allegiance;

C. Roll call;

D. Ceremonies/appointments/announcements;

E. Public hearings/ordinances/resolutions/final orders;

F. Scheduled public appearances;

G. Oral requests, communications from the audience:

1. Committee reports;

2. Public comments;

H. Staff reports;

I. Consent calendar;

J. Nonaction, information-only items;

K. Remarks from mayor and councilors;

L. Adjournment. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 08-O-611 § 2; Ord. 00-O-535 § 12.]

2.05.130 Consent calendar.

To make more efficient use of meeting time, the city manager shall place all items which are routine in nature and when no debate is expected on a consent calendar to be considered at the council’s regular meetings. Any item placed on the consent calendar shall be removed at the request of the mayor or a councilor prior to the time a vote is taken on the consent calendar items. All remaining items on the consent calendar shall be disposed of by a single motion to adopt the consent calendar, which shall not be debatable. Adoption of the consent calendar shall be by the affirmative vote of all councilors present at the time the vote is taken and shall have the same effect as a separate vote for each item. If there are dissenting votes, each item shall be voted on separately in the usual manner. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 13.]

2.05.140 Council debate.

Debate by the city council shall be conducted as follows:

A. The mayor, or such other member of council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and the presiding officer shall not be deprived of any privileges of a councilor by reason of his/her acting as the presiding officer.

B. Every councilor desiring to speak shall address the chair and upon recognition by the presiding officer, shall confine him/herself to the question under debate.

C. A councilor, once recognized, shall not be interrupted while speaking unless it be to call him/her to order or as herein otherwise provided. If a member of the council, while speaking, be called to order, he/she shall cease speaking on the point until the question of order be determined and if in order, he/she shall be permitted to proceed.

D. The mayor or any councilor shall have the privilege of having an abstract of his/her statement on any subject under consideration by the council entered in the minutes. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 14.]

2.05.150 Addressing council.

A. Administrative Staff and City Employees Addressing Council or Public. Members of the city’s administrative staff and other city employees desiring to address the council or members of the public shall first be recognized by the presiding officer and shall address such remarks to the presiding officer. The staff may respond to questions or comments by the council or members of the public with permission of the presiding officer, but shall always do so in a polite, tactful manner.

B. Public Members Addressing the Council.

1. Any public member desiring to address the council shall wait to be recognized by the presiding officer. After recognition, the person’s name and address shall be stated for the record and the remarks shall be limited to the question under discussion. All remarks and questions shall be addressed to the presiding officer and not to any individual councilor, staff member or other person. No person shall enter into any discussion without being recognized by the presiding officer.

2. Any public member addressing the council shall be limited to five minutes unless further time is granted by the presiding officer. No public member shall be allowed to speak more than once upon any one subject until every other public member choosing to speak thereon has spoken.

3. After a motion has been made or after a public hearing has been closed, no public member shall address the council without securing permission from the majority of the council. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 15.]

2.05.160 Voting by council.

Voting by the council on all matters shall be as follows:

A. The city recorder shall call the name of each councilor in attendance and the “aye” or “nay” of each shall be recorded in the minutes of the records of the council proceedings. Any member may change his/her vote prior to the next order of business.

B. Except as otherwise provided in the Charter of the city of Brookings, Oregon, a motion shall be deemed carried if a quorum is present and a majority of those voting vote “aye.”

C. Every member of the council, when present, has a responsibility to vote upon all matters before the council. Should a council member abstain from voting on a particular matter, he or she shall give a clear and concise reason for the abstention which shall be listed in the written minutes of the meeting.

D. Any member who voted with the majority may move for a reconsideration of an action at the same or the next following regular meeting. Once a matter has been reconsidered, no motion for further reconsideration thereof shall be made without unanimous consent of the council. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 16.]

2.05.170 Conflicts of interest.

Members of the council and all other persons who serve the city in any capacity (e.g., officer, employee, agent, or otherwise) shall perform their duties in accordance with Oregon’s ethics laws as provided in Chapter 244 ORS.

A. Each newly elected or appointed member of the council shall be given a copy of the latest edition of the Ethics Guide for Public Officials published by the Oregon Government Ethics Commission prior to the member’s participation in any decision-making process. It shall be the duty of the city manager to distribute the guide in a timely manner.

B. Elected officials of the city who have a potential or actual conflict as defined by ORS 244.020(1) and (7) as amended, replaced, or supplanted from time to time, relative to any matter or ordinance coming before the city council shall declare such conflict immediately upon introduction of the item to the city council by the presiding officer. Disclosure of such potential or actual conflict shall be made a part of the record of the proceedings. Nothing in this section authorizes a public official to vote if the official is otherwise prohibited from doing so. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 00-O-535 § 17.]

2.05.180 Council-administration relations.

Members of the council shall have the authority to closely scrutinize, by questions and personal observations, all aspects of city government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. Members shall have the authority to discuss any aspect of city government with city officers or employees; however, members are not authorized to issue orders or directives to city officers and employees because the supervision of said officers and employees is the responsibility of the city manager under Chapter 2.15 BMC. In order to assist the manager in coordinating efforts of all city departments so as to achieve the greatest possible savings through the most efficient and sound means available, recommendations for improvement in city government operations should be made to and through the city manager. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 18.]

2.05.190 Boards and commissions.

The council may establish boards and commissions and provide for their powers and duties, and the council may consolidate, merge, or abolish any of the said boards or commissions. The establishment, consolidation, merger, or abolishment of any boards or commissions shall be accomplished only by ordinance. Unless otherwise required by law or the City Charter, all board and commission members shall be appointed by the mayor with the approval of the council. Initial appointments shall specify the term of office of each individual in order to achieve overlapping tenure. All members shall be subject to removal by majority vote of the city council. Appointments to fill vacancies for unexpired terms shall also be made by the mayor with the approval of the council. Except as otherwise provided in this chapter, each board and commission shall choose its own chair and vice-chair from its members and operate in accordance with the rules of procedures set forth in this chapter, unless inconsistent with the provisions of the ordinance establishing the board or commission. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 19.]

2.05.200 Appointments to boards, commissions, and committees.

A. All appointments to city boards, commissions and lay committees shall be made in accordance with the Oregon Revised Statutes, the City Charter and BMC 2.05.190. Appointees shall not be appointed to more than one board or commission at a time.

B. Upon the start of each calendar year, the city manager shall provide to all members of the city council a listing of all board, commission and committee terms due to expire in that year. The city recorder shall further give written notice to all members of the city council of the expiration of the term of office of all members of boards, commissions and lay committees appointed by the mayor or council at least 30 days prior to the expiration date of said term of office. All appointments shall be presented by the mayor and confirmed by a majority vote of the councilors present and voting. In all appointments the mayor shall endeavor to submit to the council the names of persons nominated for appointment as far in advance as practicable to the date of the meeting wherein said appointment shall be considered. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 20.]

2.05.210 Maintenance of order and decorum of council meetings.

It shall be the duty of the presiding officer to maintain order during council meetings. Any person making personal, impertinent or slanderous remarks, or becoming boisterous or otherwise disrupting or impeding the orderly conduct of the meeting, shall be barred by the presiding officer from attending the remainder of the meeting. The police department shall carry out all legal orders and instructions of the presiding officer for the purpose of maintaining order and decorum in the council chambers. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 5; Ord. 00-O-535 § 21.]

2.05.220 Orientation of new council members.

To ensure an orderly transition or continuance of legislative authority, all newly elected or appointed council members shall be formally advised of current council affairs and procedures.

A. Within seven days of election or upon appointment to the council of any new member, the city manager shall schedule one or more study sessions for the sole purpose of the orientation of the new member.

B. Within seven days of election or upon appointment to the council, new members shall be given:

1. The City Charter;

2. Oregon Ethics Guide for Public Officials;

3. Brookings comprehensive plan and land development code;

4. Selected ordinances and resolutions;

5. Current city budget and the most recent audit;

6. Roster of city officials and standing committees. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 06-O-572 § 1; Ord. 00-O-535 § 22.]

2.05.230 Council member communications.

Unless authorized by a majority vote of the city council to speak on their behalf, any written or oral communication by the mayor or any city council member which could be interpreted as being representative of a position of the city council in general, must contain a disclosure that the communication is solely that of the sender. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 23.]

2.05.240 Evaluation of council appointive officers.

Council-appointed officers of the city shall have their job performance evaluated at regular intervals. The results of each evaluation shall be reviewed and discussed with the officer and shall be filed in the officer’s personnel record.

A. City Manager. The city manager shall be evaluated by the city council using council adopted criteria at least annually. Upon initial employment the manager may be evaluated after his/her third and sixth months of service.

B. Municipal Judge and City Attorney. An evaluation of these offices shall be performed by the council at least annually.

C. City Recorder. The recorder shall be evaluated by the city manager annually and the results of these evaluations shall be presented to the council. [Ord. 18-O-772 § 2 (Exh. A); Ord. 00-O-535 § 24.]

2.05.250 Employee attendance at meetings.

A. City Manager. The city manager shall attend all meetings of the council unless excused by the mayor or the council. The manager may take part in all discussions concerning the welfare of the city. He/she shall have the authority to make recommendations to the council and when doing so shall present all reasonable alternatives for council consideration.

B. Officers and Employees. The city manager may direct any employee to attend any regular, special or executive meeting to confer with the council on matters relating to the city. [Ord. 18-O-772 § 2 (Exh. A); Ord. 10-O-668 § 2; Ord. 00-O-535 § 25.]

Prior legislation: Ords. 91-O-474, 92-O-474.A, 92-O-474.B, 94-O-474.D and 95-O-474.E