Chapter 2.08
PLANNING COMMISSION
Sections:
2.08.030 Vacancies and removal.
2.08.040 Presiding officer(s).
2.08.060 Membership qualification(s).
2.08.070 Membership conflicts.
2.08.100 The presiding officer.
2.08.130 Duties and privileges of members.
2.08.140 Order of business and agenda.
2.08.150 Consideration of business.
2.08.170 Procedure for commission meetings.
2.08.010 Membership.
The commission shall consist of seven members, none of whom are officials or full-time employees of the city. [Ord. 2005-18 § 1].
2.08.020 Term of office.
Commission members shall be appointed by the city council for terms of four years. Such terms shall begin on February 1st of the year within which the term commences. [Ord. 2005-18 § 2].
2.08.030 Vacancies and removal.
Appointments to fill commission vacancies shall be for the remainder of the unexpired term of the vacated position, and made by the city council. A commission member may be removed by the council, after a hearing, for misconduct or nonperformance of duty.
A member’s position may further be declared vacant due to excessive absenteeism. Prior to such a vacancy being declared, the following criteria shall be met:
A. Three consecutive, unexcused absences from regular planning commission meetings.
1. An excuse for an absence from a particular meeting must be granted by the planning commission, either prior to the meeting, or retroactively, at the next regular meeting following the absence.
If any member ceases to be qualified to hold office as set forth in EPMC 2.08.070, his/her position shall be automatically vacated. [Ord. 2005-18 § 3].
2.08.040 Presiding officer(s).
At its first meeting of each calendar year, the commission shall elect a chairperson and vice chairperson. [Ord. 2005-18 § 4].
2.08.050 Compensation.
Commission members shall receive no compensation other than council-approved expenses. [Ord. 2005-18 § 5].
2.08.060 Membership qualification(s).
A. Prior to appointment by the city council, planning commission members shall have resided within the city limits of Eagle Point for a period of one year.
B. No appointee may serve on more than two city boards, commissions or lay committees at any one time.
C. No more than two commissioners shall be engaged in the buying, selling or development of real estate for profit, or be members of any partnership, or officers or employees of any corporation that is engaged principally in the buying, selling or development of real estate for profit.
D. No more than two commissioners shall be engaged in the same type of occupation, business, trade or profession.
E. No commissioner may be a relative of any current city councilor. In the event a relative of any seated planning commissioner shall be elected to serve on the city council or be appointed to fill a council vacancy, such planning commissioner shall resign; such resignation to become effective upon the date the elected/appointed councilor assumes his/her office.
Note: For the purposes of this chapter, “relative” shall be defined as a spouse, domestic partner, brother, sister, child, parent, mother-in-law or father-in-law. [Ord. 2005-18 § 6].
2.08.070 Membership conflicts.
No commissioner shall participate in any commission proceeding or action in which the commissioner or any person defined as a “relative” has a direct or substantial financial interest, any business in which the commissioner is currently involved, or has been involved within the previous two years, or any business for which the commissioner is negotiating or has any arrangement/understanding concerning prospective future partnership or employment. Any actual or potential conflicts of interest shall be disclosed at the commission meeting where the action is being taken. [Ord. 2005-18 § 7].
2.08.080 Secretary.
The planning director shall appoint a secretary who shall keep an accurate record of all commission proceedings. [Ord. 2005-18 § 8].
2.08.090 Meeting schedule.
The commission shall meet as necessary for the transaction of business.
A. Special Meetings. Special meetings may be called by the presiding officer, by request of any three councilors, or by the city administrator. Written notice of all special meetings shall be given at least 24 hours in advance of the scheduled meetings. Notice shall be given to each councilor, the city administrator and the business office of each local newspaper and radio and television station which has on file a written request for notice of special meetings, and may be delivered by mail, electronic facsimile (fax), or by personal delivery.
B. Public Attendance. All regular and special meetings shall be open to the public. [Ord. 2005-18 § 9].
2.08.100 The presiding officer.
A. Chairperson. The chairperson shall preside at all regular and special meetings of the commission. The chairperson shall have all duties and privileges of any commissioner, and shall not be denied the right or privilege by reason of his or her position as presiding officer.
B. Vice Chairperson. In the chairperson’s absence from any commission meeting, the vice chairperson shall act as the presiding officer. Whenever the chairperson is unable, on account of absence, illness or other cause, to perform the functions of the office, the vice chairperson shall act as chairperson pro tem.
C. Temporary Chairperson. In event of the absence of the chairperson and vice chairperson, the city administrator or his designee shall call the commission to order and call the roll of the members; if a quorum is present, those commissioners present shall elect, by majority vote, a temporary chairperson for that meeting. Should the chairperson or vice chairperson arrive, the temporary chairperson shall relinquish the chair immediately upon the conclusion of the item of business then under consideration before the commission. [Ord. 2005-18 § 10].
2.08.110 Decorum and order.
A. Presiding Officer. The presiding officer shall preserve decorum and decide all points of order, subject to appeal to the commission.
B. Commissioners. Commissioners shall preserve order and decorum during commission meetings, and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to obey the orders of the presiding officer or these rules. Commissioners shall, when addressing staff or members of the public, confine themselves to questions or issues then under discussion, shall not engage in personal attacks, shall not impugn the motives of any speaker, and shall at all times, while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their office. Commissioners shall request administrative assistance from staff through the city administrator, or his designee, for questions or other staff support.
C. Staff and Public. Members of the administrative staff, employees of the city and other persons attending commission meetings shall observe the same rules of procedure, decorum and good conduct applicable to the members of the commission.
D. Removal of Any Person. Any person who makes personal, impertinent, slanderous or unauthorized remarks or who fails to comply with reasonable rules of conduct or who causes a disturbance while addressing the commission or attending a commission meeting, shall be removed from the room if so directed by the presiding officer. In case the presiding officer should fail to act, any member of the commission may obtain the floor and move to require enforcement of this rule; upon affirmative vote of the majority of the commission present, a police officer shall be authorized to remove the person or persons from the commission meeting. In aggravated cases, an appropriate complaint shall be issued by the presiding officer and the person or persons may be prosecuted for trespass or other appropriate action. [Ord. 2005-18 § 11].
2.08.120 Censure.
The members of the planning commission are appointed by, and serve at the pleasure of, the city council. The council has the inherent right to ensure compliance with those laws generally applicable to public bodies. Should any commissioner act in any manner constituting a substantial violation of these rules or other general laws, the city council, acting as a whole, may discipline that commissioner to the extent provided by law, including public reprimand or removal from office.
To exercise such inherent right, the council has the right to investigate the actions of any member of the commission. Such investigation shall be based upon a finding that a reasonable ground exists that a substantial violation has occurred.
The council shall investigate the actions and present a report to the commission. Neither the council nor the commission or any member thereof shall have the right to make public any information obtained through such investigation.
Any member accused of a substantial violation of the commission rules or any other general law shall have the right to present a defense to the allegations, including the right to present rebuttal evidence, and to have representation by counsel. Upon finding, by clear and convincing evidence, that a substantial violation has occurred, and that such violation affects the commissioner’s ability to represent the interests of the city as a whole, the council may, upon unanimous vote, impose a proper sanction. [Ord. 2005-18 § 12].
2.08.130 Duties and privileges of members.
A. Code of Ethics. Commissioners shall conduct themselves so as to bring credit upon the city as a whole, and to set an example of good ethical conduct for all citizens of the community.
Commissioners should constantly bear in mind these responsibilities to the entire electorate, and refrain from actions benefiting any individual or special interest group at the expense of the city as a whole. Commissioners should likewise do everything in their power to ensure impartial application of the law to all citizens, and equal treatment of each citizen before the law, without regard to race, national origin, sex, social status or economic position.
B. Debate. Any commissioner who has the floor shall confine himself or herself to the question under debate, avoid personalities and refrain from impugning the motives of any member argument or vote. No member shall address the chair or demand the floor while any vote is being taken.
Commissioners shall limit their remarks on a subject to five minutes unless granted additional time by the majority of the commission. No commissioner shall be allowed to speak more than once upon any one subject, until every other member choosing to speak thereon has spoken.
A commissioner once recognized shall not be interrupted while speaking, unless called to order by the presiding officer, or unless a point of order is raised by any commissioner while he or she is speaking, in which case, he or she shall cease speaking immediately until the point is determined. If ruled to be in order, he or she shall be permitted to proceed; if ruled to be out of order, he or she shall remain silent or shall alter his or her remarks as to comply with the ruling.
C. Right to Appeal. Any member may appeal to the commission from a ruling of the presiding officer, and if the appeal is seconded, the member making the appeal may briefly state his reason for the appeal and the presiding officer may briefly explain his ruling but there shall be no debate on the appeal and no other question than, “Shall the decision of the chair stand as the decision of the commission?” If the majority of the members vote aye, the ruling of the chair is sustained; otherwise it is overruled.
D. Dissent and Protest. Any commissioner shall have the right to express dissent from, or protest against, any decision of the commission and have the reason therefor entered upon the commission minutes. Such dissent or protest must be filed in writing, couched in respectful language and presented to commission not later than the next regular meeting following the date of the decision objected to. However, it is not the intent of these rules to give the minority opinion the right to publicly politicize or second-guess commission decisions. It shall be the obligation of each commissioner to support the commission majority decision following the final vote on any matter. Debate, dissent or protest may be expressed only during deliberation and discussion prior to the final vote. Therefore, all votes shall be preceded by an opportunity for commission discussion or debate.
E. Excusal During the Meeting. No member may leave the commission meeting while in regular session without permission from the presiding officer.
F. Personal Privilege. The right of a member to address the commission on a question of personal privilege shall be limited to cases in which his integrity, character or motives are assailed, questioned or impugned. [Ord. 2005-18 § 13].
2.08.140 Order of business and agenda.
A. Order of Business. The business of all regular meetings of the commission shall be transacted as follows; provided, however, that when it appears to be in the best interest of the public, the presiding officer may change the order of business:
1. Call to order;
2. Flag salute and invocation;
3. Audience questions or comments concerning items not on the agenda;
4. Public hearings;
5. Consent calendar;
6. Consideration of items removed from the consent calendar;
7. Unfinished business;
8. New business;
9. Staff reports;
10. Reports from commissioners;
11. Reports from staff;
12. Adjournment.
B. Agendas. Staff shall prepare an agenda for every regular and, if requested, for every special commission meeting. Items may be placed on the agenda by staff only, and such items shall be presented to the city administrator, or his designee, in writing at least 10 days prior to the meeting at which they are to be discussed. Upon approval by the chairperson, or city administrator, the item shall be placed on the agenda for consideration.
Agendas and informational material for regular meetings shall be distributed to the commission at least four days prior to the meeting.
New business brought before the commission in a meeting may be referred to the city administrator for inclusion on a future meeting agenda or a report at a future commission meeting.
C. Consent Calendar. The approval of minutes, and other routine agenda items may be placed on the consent calendar. Discussion of the consent calendar shall be limited to five minutes. Any item may be removed from the calendar and placed in its otherwise appropriate position in the order of business at the request of any member of the commission. [Ord. 2005-18 § 14].
2.08.150 Consideration of business.
A. Quorum. A majority of the commission shall constitute a quorum to do business.
B. Voting. Unless otherwise provided by statute, ordinance or resolution, upon any question before the commission, a roll call vote shall be made; provided, however, upon demand by any member of the commission, a roll call vote shall be made upon any question before the commission. No commissioner may explain the reasons for his or her vote during the roll call. All votes shall be preceded by an opportunity for commission discussion or debate.
C. Procedure Generally. When the question has been called for, the presiding officer shall first ask for voice vote to be taken. After a vote has been taken, the secretary shall announce the results of the vote.
D. Voting Required. Every member present when a question is called shall vote either aye or nay, unless the commission, by unanimous consent, excuses a member for a special reason or unless a member has a conflict of interest under applicable law, in which case, no consent is required. There shall be no debate on such a request.
E. Minimum Votes Required. Any action or direction of the commission shall require the affirmative vote of a majority of those commission persons in attendance at a meeting for which a quorum is present to conduct business.
F. Ayes and Nays. All votes shall be taken by ayes and nays entered upon the record.
G. Tie Vote. In case of a tie in votes of any proposal, the proposal shall be considered lost. [Ord. 2005-18 § 15].
2.08.160 Public comment.
A. Policy. The commission recognizes that public input into the governmental process is an invaluable aid to informed decision-making. Therefore, it is the policy of the commission that all citizens shall have the right to speak before the commission on matters of public concern, but each citizen shall be responsible for abuse of such right. Consequently, to ensure that the greater public interest is fostered, each citizen or group of citizens who desires to speak before the commission shall have the duty to exercise this right in a manner which furthers the greater public interest.
B. Public Comment Generally. Any member of the general public wishing to address the commission on a matter of public concern may do so at the time set for public comments during each regular session of the commission. Any member so addressing the commission shall be limited to a period of five minutes within which to make themselves heard. The commission, in its sole discretion, may extend this time, or may request further information be presented to the commission on such date and in such manner as it deems appropriate.
C. Persons Sharing Common Concerns. If any group of three or more persons sharing a common viewpoint on any subject wishes to address the commission during the time for public comment, the group shall select a spokesperson, who shall present the views of the group to the commission. The commission, in its sole discretion, may request to hear the views of additional speakers from the group. Additional support for the views of the group, in the form of petitions, letters, videotapes, etc., may be presented to the commission for consideration at the conclusion of the spokesperson’s remarks.
D. Roster. All persons or groups wishing to address the commission during the time set for public comments shall, prior to the convening of the meeting, sign the roster provided by the city recorder or city administrator, indicating the name of the person, the residence of the person, and the subject of public concern on which the persons or groups wish to address the commission.
E. Complaints and Suggestions to the Commission. When any citizen brings a complaint before or makes a suggestion to the commission, other than for items already on the agenda, the presiding officer shall refer the matter to the city council through the city administrator for review and possible action. The city administrator may be requested to report to the commission when council review has been completed. [Ord. 2005-18 § 16].
2.08.170 Procedure for commission meetings.
A. Rules of Order. Unless otherwise provided by law or by these rules, the procedure for commission meetings shall be governed by Robert’s Rules of Order.
B. Construction of Rules of Order. The commission has an obligation to the citizens to be clear and simple in its procedures and in the consideration of the questions coming before it. Therefore, the rules of procedure should be liberally construed to that purpose, and commissioners should avoid invoking the fine points of parliamentary procedure when such points serve only to obscure the issues before the commission as a whole, and confuse the audience at public meetings and the citizens in general.
C. Convening the Meeting. At the time appointed, the presiding officer shall take the chair at the hour appointed for the commission to meet and shall immediately call the members to order. The recorder shall enter in the minutes of the meeting names of the members present.
D. Recognition. Every commissioner desiring to speak shall first address the chair, and await recognition to obtain the floor. No persons other than members of the commission and the person having the floor shall enter into any discussion, either directly or through a member of the commission, without the permission of the presiding officer.
E. Requirement of a Second Before Debate. No motion shall be debated until it has been seconded and announced by the presiding officer.
F. Motions Reduced to Writing. Any commissioner may request that a motion be reduced to writing and read by the city recorder.
G. Commission Questions to Staff. Every commissioner desiring to question the administrative staff shall address his or her question to the city administrator, who shall be entitled to either answer the inquiries or designate some member of the staff for that purpose.
H. Citizen Participation. Except as specified in this section, citizens desiring to address the commission shall first be recognized by the chair and shall limit remarks to the question then under discussion. All remarks and questions shall be addressed to the commission as a whole and not to any individual commissioner thereof. Any remarks and questions regarding administration of the city shall be referred to the city administrator by the presiding officer.
I. Precedence of Motions. When a question is before the commission, no motion shall be entertained except:
1. To abide by the rules;
2. To adjourn;
3. To lay on the table;
4. For the previous question;
5. To postpone to a certain date;
6. To refer;
7. To amend;
8. To postpone indefinitely.
These motions shall have precedence in the order indicated. Any such motion, except a motion to amend, shall be put to a vote without debate.
J. Motions to Be Stated by Presiding Officer/Withdrawal. When a motion is made and seconded, it shall be stated by the originator or the presiding officer before debate. A motion may not be withdrawn without the consent of the member seconding it.
K. Motion to Adjourn – When Not in Order – When Not Debatable. A motion to adjourn will be in order at any time except as follows:
1. When made as an interruption of a member while speaking;
2. When the previous question has been ordered;
3. While a vote is being taken.
A motion to adjourn is debatable only as to the time to which the meeting is adjourned.
L. Motion to Lay on the Table. A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, consideration of the subject may be resumed only upon motion of a member voting with the majority and with the consent of two-thirds of the members present.
M. Division of Question. If the question contains two or more divisionable propositions, the presiding officer, upon request of the members, shall divide the same.
N. Motion to Postpone. All motions to postpone, excepting to postpone indefinitely, may be amended as to time. If a motion to postpone indefinitely is carried, the principal question shall be declared defeated.
O. Suspension of Rules. No rule shall be suspended except by the vote of the majority of commissioners present at the meeting. A motion to suspend a rule is not debatable.
P. Adjourned Meetings. Upon motion and majority vote of commission members present, any meeting of the commission may be continued or adjourned from day to day or for more than one day; provided, that no adjournment shall be for a period longer than until next regular meeting thereafter. [Ord. 2005-18 § 17].