Chapter 2.28
COMMITTEES, COMMISSIONS, AND ADVISORY GROUPS
Sections:
2.28.020 Creation and regulation.
2.28.030 Suspension or dissolution.
2.28.040 Authority limitation.
2.28.090 Grounds for member removal, suspension, or reprimand.
2.28.100 Procedure for disciplinary action.
2.28.010 Purpose.
The city council recognizes the importance of the public involvement process and the contributions citizens can offer. As the recipients of government services, citizens may best be able to identify where efficiencies and improvements may benefit the city. The council has therefore created a system of advisory groups, committees, and commissions designed to foster the relationship between the city and its citizens and ensure that the city considers and appropriately weighs the needs and interests of all Silverton citizens. (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.020 Creation and regulation.
A. The following definitions apply to this chapter:
1. “Advisory groups” means boards, task forces, or other similar group of members of the public, established by council in accordance with subsection (B) of this section, including those with an ongoing, ad hoc, or limited duration, but excluding council subcommittees.
2. “Commission” or “committee” means a group of members of the public, established by council to serve a statutorily mandated purpose and in accordance with certain statutory terms, conditions and restrictions.
B. Subject to applicable law, council may, by resolution, establish such advisory groups as the council determines necessary and appropriate, in its reasonable discretion. A resolution establishing an advisory group will contain provisions governing the formation and operation of such advisory group, including, but not limited to, provisions concerning (1) authority, duties, and responsibilities, (2) purpose, (3) membership, (4) qualification, (5) decision-making authority, (6) term and term limits, and (7) any other such provisions as the council determines necessary or appropriate.
C. Notwithstanding subsection (A) of this section, all terms and conditions regarding the formation and operation of statutorily required committees and commissions shall remain in city code, including, but not limited to, Chapter 2.08 SMC, Planning Commission. (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.030 Suspension or dissolution.
A. Council may suspend the activities of any advisory group by resolution. The suspension may be indefinite or for a specified period of time, as set forth in the resolution. Council may suspend the activities of a committee or commission as set forth in the applicable chapter of city code and applicable state statute.
B. Council may dissolve any advisory group by resolution, if the council believe the dissolution is in the best interest of the city. (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.040 Authority limitation.
Unless explicitly authorized by statute, ordinance, or other formal action of council, the authority of any committee, commission, or advisory groups is limited to making recommendations to council on matters germane to the committee, or advisory groups, including, but not limited to, planning and execution of council goals related to the subject area of the committee, commission, or advisory group, or matters referred by the council within the scope of the committee’s, commission’s, or advisory groups’ purpose. Without otherwise limiting the generality of the immediately preceding sentence, the decision-making authority of advisory groups, committees, and commissions is limited to the authority expressly granted by statute, city ordinance, or council resolution. (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.050 Term.
A. For all indefinite committees, commissions, and advisory groups, except where council determines a compelling reason to act otherwise, the term of each committee, commission, or advisory group member shall commence on January 1st and shall continue until December 31st of the applicable following year, unless otherwise removed or resigned.
B. For all ad hoc or limited committees, committees, and advisory groups, the term of each committee, commission, or advisory group member shall proceed as set forth in the applicable resolution, city code, or state statute. (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.060 Ethics.
A. Members of advisory group, committees, and commissions shall comply with the provisions of the State Code of Ethics found in ORS Chapter 244.
B. A member will not participate in any committee, commission, or advisory group proceeding or action in which any of the following has a direct or substantial financial interest:
1. The member or the spouse, brother, sister, child, parent, father-in-law, mother-in-law of the member;
2. Any business in which the member is then serving or has served within the previous two years; or
3. Any business for which the member is negotiating or for which the member has an arrangement or understanding concerning prospective partnership or employment.
Any actual or potential conflict of interest will be disclosed at the meeting of the committee, commission, or advisory group where the action or proceeding is being taken. (Ord. 24-10 § 2 (Exh. A), 2024; Ord. 94-127 § 1, 1994. Formerly 2.28.010).
2.28.070 Compensation.
No member of any advisory group, committee, or commission shall receive any compensation for services as a member of the advisory group, committee, or commission. (Ord. 24-10 § 2 (Exh. A), 2024; Ord. 94-127 § 2, 1994. Formerly 2.28.020).
2.28.080 Meetings.
A. Each committee, commission, and advisory group shall hold regularly scheduled meetings in accordance with the applicable resolution, city code chapter, or state statute.
B. A city staff member (designated by city) will keep an accurate record of all committee, commission, or advisory group proceedings, including written minutes or recordings of all meetings. A copy of each meeting minutes will be delivered to the city recorder for filing. Minutes are a public record available for public inspection. At the request of the council, the committee, commission, or advisory group will prepare and deliver to the council a written report summarizing all activities, actions, and matters before the committee, commission, or advisory group (and any other information requested by the council). (Ord. 24-10 § 2 (Exh. A), 2024).
2.28.090 Grounds for member removal, suspension, or reprimand.
The council may remove, suspend or reprimand a committee, commission, or advisory group member whenever, upon proper proceedings for that purpose, it appears to the council that:
A. The member has committed an act or carried on a course of conduct of such nature that, if the member were applying for the advisory group, committee, or commission, the application should be denied;
B. The member has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States, in any of which cases the record of the conviction shall be conclusive evidence;
C. The member is guilty of willful misconduct in the advisory group, committee, or commission;
D. The member is guilty of violation of any of the provisions of Oregon Code of Ethics;
E. The member is guilty of gross or repeated neglect of duty on the advisory group, committee or commission, including failing to attend two consecutive regular and/or special meetings during a calendar year without having been excused by the city, or failing to attend three regular meetings in a 12-month period, whether excused or not; or
F. The member has violated any of the provisions of the resolution, city code chapter, or statute establishing such advisory group, committee, or commission. (Ord. 24-10 § 2 (Exh. A), 2024; Ord. 94-127 § 3, 1994. Formerly 2.28.030).
2.28.100 Procedure for disciplinary action.
A. The council shall hear formal charges against members of the city’s advisory groups, committees, and commissions.
B. A member, formally accused of misconduct, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to present evidence and witnesses. The member shall also have the right to appear and testify.
C. Formal rules of evidence in disciplinary proceedings shall not apply, but the mayor shall only admit such evidence as may be material to the council’s determinations, as determined in his or her discretion.
D. The council shall have the authority to take evidence, administer oaths or affirmations, and issue rulings pertaining to the disciplinary matter before the council.
E. A witness in a disciplinary proceeding who testifies falsely shall be subject to sanction by the state offenses of false swearing.
F. The mayor or any member of the council may administer oaths or affirmations and issue any subpoena provided for in subsection (A) of this section.
G. The hearing before the disciplinary council shall be held within 60 days of the written notice of charges.
H. A record of all hearings shall be made and preserved by the council.
I. Upon the conclusion of a hearing, the council shall approve a written decision in the matter. The decision shall be effective as specified in the decision. The member shall be mailed a copy of the decision within three days of its approval. If the decision of the council finds the accused member has committed the alleged wrongdoing and determines that the accused member should be disciplined by way of reprimand or removal from the advisory group, committee, or commission, the accused may seek reconsideration by the council. Such review shall be a matter of right upon the written request of the accused. The request must be submitted to the city within 10 days of the disciplinary action. Otherwise, the decision of the council shall be final. (Ord. 24-10 § 2 (Exh. A), 2024; Ord. 94-127 § 4, 1994. Formerly 2.28.040).
2.28.110 Code adopted.
Robert’s Rules of Order, as revised, are hereby adopted to govern all proceedings of committees, commissions, and advisory groups not expressly addressed by City Charter, ordinance, or resolution. (Ord. 24-10 § 2 (Exh. A), 2024; Ord. 94-127 § 5, 1994. Formerly 2.28.050).