Chapter 32 Boards, Committees, Commissions

CHAPTER 32
Boards, Committees, Commissions

Section

Creation of Boards, Committees, Commissions

32.01 General provisions

32.02 Types of advisory boards, committees and commissions

32.03 Appointment, term, removal of members

32.04 Compliance with state law required

32.05 Officers

32.06 Quorum, meetings, rules and voting

32.07 Relationship to City Council

Library Board

32.08 Library Board established

32.09 Membership and term

32.10 Powers and duties

32.11 Meetings

Airport Advisory Committee

32.12 Airport Advisory Committee established

32.13 Membership and term

32.14 Powers and duties

32.15 Meetings and voting

Planning Commission

32.16 Planning Commission established

32.17 Membership and term

32.18 Powers and duties

32.19 Meetings

Hispanic Advisory Committee

32.20 Hispanic Advisory Committee

32.21 Membership and term

32.22 Powers and duties

32.23 Meetings and voting

Faith-Based Advisory Committee

32.24 Faith-Based Advisory Committee established

32.25 Membership and term

32.26 Powers and duties

32.27 Meetings and voting

Budget Committee

32.28 Budget Committee established

32.29 Membership, qualifications and term

32.30 Powers and duties

Parks and Recreation Committee

32.31 Parks and Recreation Committee established

32.32 Membership and term

32.33 Powers and duties

32.34 Meetings and voting

Recreation Projects Fund Advisory Committee

32.35 Recreation Projects Fund Advisory Committee established

32.36 Membership and term

32.37 Powers and duties

32.38 Meetings and voting

Cross-reference:

Parks and Recreation Committee, see § 93.01

Eastern Oregon Trade and Event Center Advisory Committee

32.39 Eastern Oregon Trade and Event Center (EOTEC) Advisory Committee established

32.40 Membership and term

32.41 Powers and duties

32.42 Meetings and voting

CREATION OF BOARDS, COMMITTEES, COMMISSIONS

32.01 GENERAL PROVISIONS.

The City Council may create standing citizen advisory boards, committees or commissions to aid the Council in the conduct of public affairs. The City Council may also create ad hoc citizen committees to accomplish a specific task or project. All standing citizen advisory boards, committees and commissions shall be governed by this chapter, except that if application of a provision of this chapter conflicts with an applicable state statute, the state statute shall prevail. The specific enabling provisions for each standing advisory board, committee and commission are contained in this chapter.

(Ord. 2242, passed 12-12-16)

32.02 TYPES OF ADVISORY BOARDS, COMMITTEES AND COMMISSIONS.

(A) "Ad hoc committee" means a temporary committee appointed for a specific term to accomplish a specific task or project. Ad hoc citizen committees shall be established by resolution of the Council. The resolution shall set forth the term of the committee, the task or project to be accomplished, the timeline for completion of the task or the project, and such other direction as the Council deems appropriate.

(B) "Advisory board" means a standing committee that is not required by state law, appointed by the Council to advise and make recommendations to the Council regarding topics as specified in the Committee’s enabling provision. Advisory boards shall be created by general ordinance amending this chapter.

(C) "Commission" means a standing committee that is required by state law or to which the Council has delegated final decision-making authority. Commissions shall be created by a general ordinance amending this chapter, except where a commission is appointed pursuant to an independent state mandate.

(D) State Statutory Committees. Where state law requires a committee to have a specific name, such as in the case of the Budget Committee, that name shall supersede the distinctions created by this section.

(Ord. 2242, passed 12-12-16)

32.03 APPOINTMENT, TERM, REMOVAL OF MEMBERS.

(A) The City Council shall appoint persons to positions or vacancies on advisory boards, committees or commissions upon the Mayor’s recommendation by motion. The Council may interview or otherwise screen applicants for such positions as it deems appropriate.

(B) Qualifications for appointment and term of office for a position on a city advisory board, committee or commission shall be as provided in the enabling provision for such board, committee or commission in this chapter. If a position becomes vacant before the expiration of the term, the Council shall appoint a person to fill the vacancy for the remainder of the term. Initial terms for a newly created advisory board, committee or commission shall be staggered in the resolution of appointment so that a majority of the positions do not become vacant in the same year and so that an equal or approximately equal number of positions become vacant each year. The term of office for positions on an ad hoc committee shall be established in the resolution creating the committee. If a member of an advisory board, committee or commission is qualified pursuant to the enabling provision at the time of appointment but later ceases to be qualified, he or she may nonetheless complete the appointed term. If the Council fails to appoint a successor prior to the expiration of a term of office, the predecessor shall continue in office until a successor is duly appointed.

(C) Members of city advisory boards, committees or commissions may request a leave of absence from their positions of up to nine months. The Council will follow their established procedures for filling all openings including a temporary vacancy cause by a leave of absence.

(D) No person shall be appointed to serve simultaneously on more than two of the standing boards, committees or commissions established under this chapter, without a specific waiver granted by the Council.

(E) When making appointments, the Mayor and Council shall consider the diversity of the membership of boards, committees and commissions including but not exclusively geographic and ethnic diversity.

(F) Members of boards, committees and commissions shall not receive compensation for their services but may receive actual and necessary travel or other expenses incurred in the performance of their official duties as members of the board, committee or commission, but only with the prior approval of the City Manager.

(G) Except as otherwise provided in this chapter, members of all city advisory boards, committees and commissions shall serve at the pleasure of the Council. An advisory board, committee or commission may recommend removal of one of its members to the City Council for misconduct or nonperformance of duty. A member of city advisory boards, committees and commissions may be removed by the Council, after hearing, for misconduct or nonperformance of duty. "Misconduct" includes failure to declare a conflict of interest and failure to comply with any applicable requirement of the Hermiston Code. "Nonperformance of duty" includes unexcused absence from three or more consecutive meetings, or unexcused absence from four or more meetings within a single calendar year.

(Ord. 2242, passed 12-12-16; Am. Ord. 2256, passed 5-29-18)

32.04 COMPLIANCE WITH STATE LAW REQUIRED.

All advisory boards, committees and commissions, and any subcommittees thereof, shall comply with the State of Oregon Public Records Law, Public Meetings Law, Code of Ethics, laws regarding conflicts of interest, and any other applicable state laws. Each committee, advisory board, committee or commission shall be responsible for ensuring that its subcommittees comply with these laws.

(Ord. 2242, passed 12-12-16)

32.05 OFFICERS.

(A) Each advisory board, committee and commission shall elect a Chair and a Vice-Chair from its membership at its first regular meeting of each fiscal year. Nothing in this subsection shall prevent appointment of Co-Chairs, as the advisory board, committee or commission deems appropriate. Co-Chairs shall divide or share the powers and duties of the Chair as the advisory board, committee or commission deems appropriate.

(B) The Chair shall:

(1) Set the agenda. Any member of the committee, advisory board, committee or commission may request that an item of business appear on the agenda. The advisory board, committee or commission may by majority vote compel that item be placed on the agenda.

(2) Preside at all meetings.

(3) Be responsible for maintaining communication with the Council liaison and city staff assigned to the committee.

(4) Call special meetings. A majority of the members of the advisory board, committee or commission may also call a special meeting.

(5) Be responsible for attendance of members and report to the Council if and when repeated absences impair a member’s ability to serve on the advisory board, committee or commission.

(D) City staff shall serve as secretary to the committee. The City Manager shall determine which department or staff person shall staff an advisory board, committee or commission.

(Ord. 2242, passed 12-12-16)

32.06 QUORUM, MEETINGS, RULES AND VOTING.

(A) Quorum. A majority of the members of an advisory board, committee or commission shall constitute a quorum for the conduct of business.

(B) Vote. Except as otherwise expressly provided by the City Code or other applicable law or regulation, the concurrence of a majority of all members eligible to vote shall be necessary to decide any question. [Oregon Attorney General’s Public Records and Meeting Manual, Appendix L-3, page 438 (2014)] An abstention does not count as either an affirmative or a negative vote. Nevertheless, a member who is present but abstains may be counted toward making up a quorum.

(C) Meetings. An advisory board, committee or commission, in consultation with staff, shall establish a regular meeting at such time, interval, and place as the advisory board, committee or commission deems necessary. Special meetings may be called as provided in § 32.05.

(D) Rules of Procedure. An advisory board, committee or commission may from time to time adopt and amend rules of procedure consistent with the laws of the state, the City Charter, and any other applicable provisions of the City Code.

(E) Recommendations. All recommendations to the Council shall be made in writing.

(F) Subcommittees. No advisory board, committee or commission shall appoint a standing subcommittee, an outside advisory committee or an ad hoc subcommittee without first obtaining approval of the City Council. The City Council may approve, deny or modify the request to create a subcommittee. Prior to voting to request the Council to approve creation of a subcommittee, the advisory board, committee or commission shall first request and consider a report from staff regarding the costs and time involved in staffing such a subcommittee. Any request to form such subcommittees shall be submitted to the City Council in writing and shall contain:

(1) An explanation of the function of and need for the subcommittee;

(2) The number and any qualifications of its members;

(3) The staff analysis of the cost and time involved in staffing the subcommittee; and

(4) If the subcommittee is an ad hoc subcommittee, a deadline for completion of the ad hoc subcommittee’s responsibilities.

(Ord. 2242, passed 12-12-16)

32.07 RELATIONSHIP TO CITY COUNCIL.

(A) Council Authority. The City Council is the elected legislative and policy making body of the City. Unless governed by a specific state mandate, advisory boards, committees and commissions are appointed pursuant to the Council’s authority and shall have only those powers and functions as expressly delegated by the Council. Generally, advisory boards, committees and commissions are expected to provide advice and recommendations to the Council and help the Council implement the Council goals. Council members may attend meetings of the affected advisory board, committee or commission. A councilor may not speak on behalf of the City Council at a board, committee or commission meeting unless authorized to do so by the Council.

(B) Annual Meeting. The City Council may hold an annual meeting with each standing advisory board, committee and commission except the Budget Committee. The purpose of such meeting will be to note accomplishments, to address concerns and to discuss issues related to the duties and activities of the advisory board, committee or commission. Annual meetings of related advisory boards, committees or commissions may be held jointly, as the Council deems appropriate.

(C) Council Liaison. Each year the Mayor appoints a liaison or liaisons from the City Council to each advisory board, committee and commission. The purpose of a Council liaison is to provide a direct line of communication between the advisory board, committee or commission and the City Council. Council liaisons and the chair of the affected advisory board, committee or commission shall have joint obligation to keep the Council and the advisory board, committee or commission informed of relevant City or advisory board, committee or commission information. Council liaisons to each advisory board, committee and commission may be rotated annually.

(D) Expenditure of Funds. No advisory board, committee or commission shall have the authority to expend City funds, or to obligate the City for payment of any sum of money, except as expressly delegated or authorized by prior approval by the City Council.

(E) Additional Duties and Projects. In addition to the duties established for each advisory board, committee or commission in its enabling provision contained in this chapter, the City Council may from time to time assign an advisory board, committee or commission such other duties or projects as the Council deems appropriate.

(Ord. 2242, passed 12-12-16)

LIBRARY BOARD

32.08 LIBRARY BOARD ESTABLISHED.

A public library called the Hermiston Public Library was established in 1915 with a Library Board having been appointed under the provisions of state law, ORS 357.456.

(Ord. 2242, passed 12-12-16)

32.09 MEMBERSHIP AND TERM.

(A) The Hermiston Public Library Board is composed of five members.

(B) Public Library Board members shall serve four-year staggered terms running from July 1 through June 30. One member shall initially hold office for one year, one for two years, one for three years, and two for four years from July 1 in the year of their appointment. Board members may serve two consecutive full terms. Appointment to fill an unexpired term does not apply to this limitation. Any person may be appointed again to the Board after an interval of one year.

(Ord. 2242, passed 12-12-16)

32.10 POWERS AND DUTIES.

The Board will oversee and advise the Librarian, Mayor and Council on the following topics:

(A) Rules and policies for the governance of the library;

(B) Preparation and submission of an annual budget request;

(D) The acceptance, use or expenditure of any real or personal property or funds donated to the library;

(E) Working with the Umatilla County Library District; and

(F) Such other activities as the Librarian, Mayor and Council may request.

(Ord. 2242, passed 12-12-16)

32.11 MEETINGS.

The Library Board’s regular meetings will be held at least quarterly at a time and date decided by the Board.

(Ord. 2242, passed 12-12-16)

AIRPORT ADVISORY COMMITTEE

32.12 AIRPORT ADVISORY COMMITTEE ESTABLISHED.

There is hereby created the Hermiston Airport Advisory Committee to advise the Mayor, Council and City Manager on all airport matters.

(Ord. 2242, passed 12-12-16)

32.13 MEMBERSHIP AND TERM.

(A) The Hermiston Airport Advisory Committee is composed of five members.

(B) Airport Advisory Committee members shall serve three-year staggered terms from November 1 to October 31.

(Ord. 2242, passed 12-12-16)

32.14 POWERS AND DUTIES.

(A) The Committee shall promulgate rules governing the commercial and noncommercial aeronautical activities on the Hermiston Airport, which rules shall not abridge, enlarge, or modify the rules and standards of the Federal Aviation Administration. The rules thus adopted and any amendments which may be adopted from time to time shall be submitted to the Council and shall go into effect the first day of the month following the close of the City Council meeting at which the rules were considered, unless the Council shall provide an earlier effective date. The Council may, by resolution, amend, repeal or supplement any of the rules.

(B) In addition to the requirements imposed by state law, with respect to any meeting at which final action will be taken on the promulgation, modification or repeal of a rule under subsection (A) of this section, the Committee shall cause to be posted at the Hermiston Airport a notice which shall include the time and place and a description of the substance of the agenda of the hearing or meeting at least two weeks before such hearing or meeting.

(C) The Committee or City Recorder shall make available upon request by anyone a copy of any rule which the Committee proposes to promulgate, modify or repeal.

(D) The Recorder shall cause the rules which have become effective under subsection (A) of this section, as they may be amended, repealed or supplemented by the Council, to be arranged, indexed, printed, published and annotated.

(Ord. 2242, passed 12-12-16)

32.15 MEETINGS AND VOTING.

The Airport Advisory Committee’s regular meetings will be held at least quarterly at a time and date decided by the Committee. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2242, passed 12-12-16)

PLANNING COMMISSION

32.16 PLANNING COMMISSION ESTABLISHED.

Pursuant to the authority contained in the Charter and ORS 227.020, there is hereby created a city Planning Commission.

(Ord. 2242, passed 12-12-16)

32.17 MEMBERSHIP AND TERM.

(A) The Hermiston Planning Commission is composed of nine members.

(B) Planning Commission members shall serve three-year staggered terms running from April 1 to March 31.

(Ord. 2242, passed 12-12-16)

32.18 POWERS AND DUTIES.

The Commission shall have all the powers which are now or hereafter granted to it by this code, other ordinances and resolutions of the city, and by general laws of the state.

(Ord. 2242, passed 12-12-16)

32.19 MEETINGS.

The Planning Commission’s regular meetings will be held at least quarterly at a time and date decided by the Commission.

(Ord. 2242, passed 12-12-16)

HISPANIC ADVISORY COMMITTEE

32.20 HISPANIC ADVISORY COMMITTEE.

The City of Hermiston Hispanic Advisory Committee is established to advise the Mayor, City Council and City Manager on Hispanic affairs as they relate to the City of Hermiston.

(Ord. 2242, passed 12-12-16)

32.21 MEMBERSHIP AND TERM.

(A) The Hermiston Hispanic Advisory Committee is composed of five members with ties to Hermiston’s Hispanic community.

(B) Hispanic Advisory Committee members shall serve three-year staggered terms running from July 1 to June 30.

(Ord. 2242, passed 12-12-16)

32.22 POWERS AND DUTIES.

The Hispanic Advisory Committee provides a means of communication between the city’s Hispanic community and the city’s elected and appointed officials. The Committee also provides representatives that the city’s Hispanic community can contact with issues, concerns, and problems which relate to the City of Hermiston. This enhanced communication will assist in the development of a stronger community that is respectful of all nationalities, races, ethnic groups and cultures.

(Ord. 2242, passed 12-12-16)

32.23 MEETINGS AND VOTING.

The Hispanic Advisory Committee’s regular meetings will be held at least quarterly at a time and date decided by the Commission. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2242, passed 12-12-16)

FAITH-BASED ADVISORY COMMITTEE

32.24 FAITH-BASED ADVISORY COMMITTEE ESTABLISHED.

The City of Hermiston Faith-Based Advisory Committee is established to advise and assist the Mayor, City Council and City Manager on policy issues where faith-based leaders can be effective working in conjunction with the City of Hermiston.

(Ord. 2242, passed 12-12-16)

32.25 MEMBERSHIP AND TERM.

(A) The Hermiston Faith-Based Advisory Committee is composed of five members with a connection to Hermiston’s faith-based community.

(B) Faith-Based Advisory Committee members shall serve three-year staggered terms running from January 1 to December 31.

(Ord. 2242, passed 12-12-16)

32.26 POWERS AND DUTIES.

The Faith-Based Advisory Committee provides a means of communication between the city’s religious community and the city’s elected and appointed officials. The Committee can help determine where the city can have a positive impact on the quality of life of the residents of the City of Hermiston.

(Ord. 2242, passed 12-12-16)

32.27 MEETINGS AND VOTING.

The Faith-Based Advisory Committee’s regular meetings will be held at least quarterly at a time and date decided by the Committee. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2242, passed 12-12-16)

BUDGET COMMITTEE

32.28 BUDGET COMMITTEE ESTABLISHED.

Pursuant to ORS 294.414, the City of Hermiston Budget Committee is hereby created.

(Ord. 2242, passed 12-12-16)

32.29 MEMBERSHIP, QUALIFICATIONS AND TERM.

(A) The Committee is made up of the City Council and an equal number of appointed citizen members.

(B) Appointed Members.

(1) Must reside inside the city limits;

(2) May not be officers or employees of the city; and

(3) Must be qualified voters of the city.

(C) Budget Committee members serve three-year staggered terms running from January 1 to December 31, such that approximately one-third of the terms of appointed members end each year. Members may apply for reappointment.

(Ord. 2242, passed 12-12-16)

32.30 POWERS AND DUTIES.

The Budget Committee shall be responsible for reviewing the budget message and the budget document. The Committee may request and receive any information it requires for the revision and preparation of the budget document and may compel the attendance of any such officer or employee at its meetings. Once satisfied with the budget document, the Committee will approve the document and forward it to the City Council for public hearing and adoption.

(Ord. 2242, passed 12-12-16)

PARKS AND RECREATION COMMITTEE

32.31 PARKS AND RECREATION COMMITTEE ESTABLISHED.

The City of Hermiston’s Parks and Recreation Committee is established to advise the Mayor,

Council and City Manager on items related to the parks system and the recreation programs of the City of Hermiston.

(Ord. 2242, passed 12-12-16)

32.32 MEMBERSHIP AND TERM.

(A) The Hermiston Parks and Recreation Committee is composed of seven members.

(B) Parks and Recreation Committee members shall serve three-year staggered terms running from November 1 to October 31.

(C) Applicants who reside within the Hermiston city limits shall be given preference for appointment to the Parks and Recreation Committee.

(Ord. 2242, passed 12-12-16)

32.33 POWERS AND DUTIES.

The Parks and Recreation Committee shall act in an advisory capacity to the City Council on all park and recreation matters and act as the Community Tree Board.

(Ord. 2242, passed 12-12-16)

32.34 MEETINGS AND VOTING.

The Parks and Recreation Committee’s regular meetings will be held at least quarterly at a time and date decided by the Committee. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2242, passed 12-12-16)

RECREATION PROJECTS FUND ADVISORY COMMITTEE

32.35 RECREATION PROJECTS FUND ADVISORY COMMITTEE ESTABLISHED.

The City of Hermiston’s Recreation Projects Fund Advisory Committee is hereby created and established to advise the Mayor, Council and City Manager on items related to allocation of transient lodging funds to recreation-related projects.

(Ord. 2242, passed 12-12-16)

32.36 MEMBERSHIP AND TERM.

(A) The Hermiston Recreation Projects Fund Advisory Committee is composed of five members as set out in § 112.27.

(B) Recreation Projects Fund Advisory Committee members shall serve three-year staggered terms running from January 1 to December 31.

(Ord. 2242, passed 12-12-16)

32.37 POWERS AND DUTIES.

The City of Hermiston’s Recreation Projects Fund Advisory Committee solicits applications for and then makes recommendations to the Mayor, Council and City Manager on items related to allocation of transient lodging funds to recreation-related projects pursuant to § 112.27.

(Ord. 2242, passed 12-12-16)

32.38 MEETINGS AND VOTING.

The Recreation Projects Fund Advisory Committee’s regular meetings will be held at least annually at a time and date decided by the Committee. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2242, passed 12-12-16)

EASTERN OREGON TRADE AND EVENT CENTER ADVISORY COMMITTEE

32.39 EASTERN OREGON TRADE AND EVENT CENTER (EOTEC) ADVISORY COMMITTEE ESTABLISHED.

The City of Hermiston’s Eastern Oregon Trade and Event Center (EOTEC) Advisory Committee is established to advise the Mayor, Council and City Manager on items related to the operations, maintenance and development of the EOTEC.

(Ord. 2253, passed 3-26-18)

32.40 MEMBERSHIP AND TERM.

(A) The EOTEC Advisory Committee is composed of seven members with the following affiliations:

(1) One member appointed upon recommendation of the Umatilla County Fair Board with strong preference given to Fair Board members.

(2) One member appointed upon recommendation of the Farm-City Pro Rodeo Board with strong preference given to Rodeo Board members.

(3) One member appointed upon recommendation of the Greater Hermiston Hospitality and Tourism Committee.

(4) Four members appointed at large.

(B) EOTEC Advisory Committee members shall serve three-year staggered terms running from July 1 to June 30. One member shall initially hold office for one year, two members for two years, and two members for three years from July 1 in the year of their appointment.

(C) Applicants who reside within the Hermiston city limits shall be given preference for appointment to the EOTEC Advisory Committee.

(D) The EOTEC General Manager and the City Manager or designee will be the staff liaisons to the EOTEC Advisory Committee.

(Ord. 2253, passed 3-26-18; Am. Ord. 2279, passed 7-8-19)

32.41 POWERS AND DUTIES.

The EOTEC Advisory Committee shall advise the Mayor, Council and City Manager on items related to the operations, maintenance and development of the EOTEC.

(Ord. 2253, passed 3-26-18)

32.42 MEETINGS AND VOTING.

The EOTEC Advisory Committee’s regular meetings will be held at least quarterly at a time and date decided by the Committee. The concurrence of a majority of members present and eligible to vote shall be necessary to decide any question.

(Ord. 2253, passed 3-26-18)