Chapter 2.05
CITY COUNCIL RULES AND PROCEDURES
Sections:
2.05.020 Laws and rules governing meetings of the council.
2.05.030 Notice and types of meetings.
2.05.040 Attendance of news media at council meetings.
2.05.050 Duties of meeting chair.
2.05.060 Meeting agenda and order of business.
2.05.070 Procedures for making motions and voting.
2.05.080 Attendance—Excused absences.
2.05.090 Minutes of council meetings.
2.05.095 Boards, committees and commissions.
2.05.100 Conflicts of interest.
2.05.110 Conflicts of interest remedy.
2.05.010 Definitions.
In this Chapter, except where the context clearly indicates a different meaning, the following words and phrases mean:
A. “Agenda” means a listing, by topic, of all matters to be discussed during a council meeting; the date, time and location of the meeting; the type of meeting being held and the names of the mayor and each member of the council.
B. “Agenda report” means any report prepared by the city manager, or any city official or employee, regarding a matter placed on an agenda for presentation to the council.
C. “Consent Agenda” means a list of routine, non-controversial matters, not typically requiring discussion, presented for Council approval by a single motion. The Mayor shall announce all items on the consent agenda prior to calling for the motion. The Mayor or any Councilor may request that an item placed on the consent agenda be removed for discussion and independent vote. Any item removed from the consent agenda shall be discussed and acted upon following approval of other consent agenda items.
D. “Mayor pro-tem” means the elected official acting in the place of the mayor because of the mayor’s absence or inability to act. As required by the charter, it shall be the council president who acts as mayor pro-tem. In the absence of the mayor and council president, a temporary presiding officer (Mayor pro-tem) shall be elected by the members of Council present.
E. “Minutes” means a written record giving a true reflection of the matters discussed at a council meeting, the views of those participating in the discussion and all other information required by the Public Meetings Law.
F. “Public Meetings Law” means all applicable state regulations affecting the meeting of a public body which are in effect at the time of the meeting.
G. “Robert’s Rules of Order” means H. Robert’s publication of the commonly used and accepted guidelines on proper parliamentary procedures and any revisions thereto.
H. “Quorum” means a majority of the councilors, without regard to any legal conflict or abstention which prevents a councilor from voting, except that a lesser number of councilors may meet and compel the attendance of absent members. (Ord. 1028 § 1 (part), 2013: Ord. 904 § 1 (part), 1999)
2.05.020 Laws and rules governing meetings of the council.
The following shall apply to the conduct, procedures and notice to be given of all meetings of the Council.
A. Oath of Office. New Councilors and/or Mayor shall be sworn in by the City Recorder.
B. Compliance with Applicable Laws. The Council shall adhere to all applicable federal, state and City laws as further set forth but not limited by the statutes listed below.
C. Public Meetings Law. The Public Meetings Law shall govern all meetings of the Council. Unless exempted by State Law, all official meetings of the Council, for which a quorum is present, including any Council Advisory Committee, shall be open to the public. Public notice, as specified in Section 2.05.030, shall be given of all meetings of the Council.
D. Parliamentary Procedure. Unless specified to the contrary in this Chapter, “Robert’s Rules of Order” shall guide the proceedings of the council in all cases, provided, however, strict adherence to such Rules shall be used only to the extent necessary to observe the law, expedite business, avoid confusion and protect the rights of members of the public and the prerogatives of the City’s elected officials.
E. Americans with Disabilities Act. All meetings of the Council shall be held in compliance with the Americans with Disabilities Act.
F. Laws Regarding Smoking in Public Meetings. Smoking shall be prohibited during all meetings of the Council and at all times within the Council Chambers.
G. Recording of Council Meetings. All meetings of the Council shall be recorded, provided, however, the written minutes shall serve as the official and permanent record of all Council meetings. Recordings of Council meetings shall be posted on the City’s web site no later than five (5) working days after conclusion of the meeting. (Ord. 1028 § 1 (part), 2013: Ord. 904 § 1 (part), 1999)
2.05.030 Notice and types of meetings.
A. Notice of Meetings. Except when more extensive notice is required by State Law or this Code, the City Recorder shall give notice of all Council meetings to the public by mail delivery, or otherwise, and the agenda to the news media and other interested persons upon written request. Provided State Law is not violated, the failure of the City Recorder to give timely notice shall not prevent the Council from meeting or invalidate its actions. Notice shall include the date, time and location of the meeting, and a list of the subjects to be presented to Council. Unless a different location is specified in this Chapter and decided upon in advance of the meeting, all meetings of the Council shall be held in the Civic Auditorium (Council Chambers).
B. Types of Meetings. The council may conduct the following type of meetings under the guidelines contained herein and the City Recorder shall give notice of said meetings as provided herein:
1. Regular Meetings. The common council shall, from time to time by resolution, fix the time, frequency and place for the holding of regular meetings pursuant to Chapter IV Section 10 of the City Charter. If such date falls upon a legal holiday, the meeting shall be held at the usual hour and place on the next following day, unless canceled in advance by the Mayor or by majority vote of the Council. Unless otherwise specified in advance of the meeting, all regular evening meetings of the Council shall be held in the Sutherlin Civic Auditorium. Notice of regular meetings shall be given in accordance with the above Subsection A at least 48 hours prior to the meeting.
2. Special Meetings. Special meetings of the Council may be called by the Mayor or by three or more members of the Council. The call for a special meeting shall be filed with the City Recorder who shall give notice of said meeting in accordance with the above Subsection A at least 24 hours prior to the meeting. Only the subjects listed on the special meeting agenda may be acted upon at the special meeting. Unless otherwise specified in advance of the meeting, all special meetings shall be held in the Sutherlin Civic Auditorium.
3. Emergency Meetings. An emergency meeting of the Council may be called on less than 24 hours’ notice; provided, that an actual emergency exists. The minutes of such meeting must describe the emergency justifying less than 24 hours’ notice and contain a statement from the Mayor or City Manager indicating why the meeting could not be delayed. The City Recorder shall attempt to contact the news media to provide notice of such emergency meetings. Only the matters creating a need for the emergency meeting shall be discussed or acted upon during the meeting called for such reason. Unless specified in advance of the meeting, all emergency meetings shall be held in the Sutherlin Civic Auditorium.
4. Workshop Meetings. Workshop meetings of the Council may be called by the mayor or at the request of three or more members of Council. Such meetings shall allow Council the opportunity to review forthcoming projects of the City, determine goals for the ensuing year, receive progress reports on current programs or projects and to hold open discussion on any City related subject; provided, that all discussions and conclusions thereon shall be informal with no vote or formal action taken. The call for a workshop session shall be filed with the City Recorder who shall give notice of the meeting in accordance with the above Subsection A at least 24 hours before such meeting is conducted.
5. Executive Session. Executive sessions, or closed meetings, shall be held in strict accordance with state law. Matters discussed in executive session shall be exempt from public disclosure. Executive sessions shall be closed to all persons except the Mayor and Council; persons reporting to Council on the subject of the executive session; the City Manager, unless directed otherwise by the Council; City staff persons directed by the City Manager to attend; news media representatives, unless excluded by the Public Meetings Law; and other persons authorized by Council to attend. No elected official who declares a conflict of interest on a topic to be discussed in executive session shall remain in the room during such executive session discussion. No person attending an executive session of the Council shall disclose or discuss information received in executive session with another person except a person, other than a member of the media, who would have been authorized to attend the executive session but was not present at the time the executive session was conducted. Prior to opening an executive session, the Mayor shall announce the purpose of the executive session, the state statute authorizing the executive session and the anticipated length of time required for the session and shall advise all those present, including the news media, that matters discussed in executive session are not to be disclosed or reported upon to the public. An executive session may be held during any open meeting for which proper notice has been given, so long as the open meeting is adjourned until the executive session is concluded and then reopened to the public. A meeting that will be solely an executive session may also be called provided notice requirements as outlined in this Section are met and the meeting agenda identifies the state statute authorizing the executive session. No executive session may be held for the purpose of taking any final action or making any final decision, but a consensus of Council opinion may be gathered. (Ord. 1028 § 1 (part), 2013: Ord. 1017 § 2, 2011; Ord. 904 § 1 (part), 1999)
2.05.040 Attendance of news media at council meetings.
Except as provided in this Section, all meetings of the Council and its committees shall be open to the news media, freely subject to recording by radio, television and photographic services at any time, except where such actions are exempted by the Public Meetings Law. No representative of any news media shall interfere with the orderly conduct of the meeting. The media shall be allowed to attend executive sessions of the Council in accordance with state law. (Ord. 1028 § 1 (part), 2013: Ord. 904 § 1 (part), 1999)
2.05.050 Duties of meeting chair.
A. The Mayor shall chair all meetings of the Council. In the absence of the Mayor, the Council President shall act as Mayor Pro-Tem and chair the meeting. In the absence of both the Mayor and Council President, the City Recorder shall call the meeting to order whereby a temporary presiding officer (chair) shall then be elected by the members of Council present.
B. The chair shall keep the meeting in order and impose any reasonable restrictions necessary for efficient and orderly conduct. The chair may modify the order of business on the agenda rather than follow the agenda as published. The chair shall preserve order and decorum, prevent attacks on personalities and confine members in debate to the question under discussion. The chair shall state all questions submitted for vote and announce the results.
C. The chair shall have the prerogative to set guidelines for public hearings and audience participation. If public participation is to be a part of the meeting, the chair may regulate the order and length of appearances and limit appearances to presentations of relevant points. In exercising such duties, the chair shall impose restrictions in a uniform manner so that all persons seeking to appear before the Council shall have an equal amount of time to do so; provided, that the chair may afford additional time to any speaker as necessary for the Council to receive relevant information. The chair may request that groups with similar comments choose a spokesperson to present joint remarks and provide the spokesperson with additional time. When receiving public request, testimony and evidence, the chair shall rule on the admissibility and propriety of such request, testimony and evidence.
D. Citizen and community group testimony forms will be available at each meeting and shall be filled out and handed to the City Recorder. At the time on the agenda designated for public comment and during any public hearing, any member of the public desiring to address the Council must first request to be recognized by the chair and then state his or her name for the record.
E. Upon councilor Motion and a second thereof, decisions of the chair described in the above Subsections B and C may be appealed to a vote of the Council. (Ord. 1028 § 1 (part), 2013: Ord. 904 § 1 (part), 1999)
2.05.060 Meeting agenda and order of business.
A. The City Recorder shall be responsible for preparing all council agendas. All agendas and agenda reports shall be approved by the City Manager. All agendas shall be sufficiently descriptive to provide an accurate accounting of the matters to be discussed and considered.
B. Other than “Call to Order,” “Pledge of Allegiance,” “Roll Call” and “Media Recognition” the order of business shall be proposed by the City Manager on a meeting-by-meeting basis and approved by the Mayor or the Mayor Pro-Tem in the Mayor’s absence.
C. The City Manager shall list Council Agenda matters according to the order of business and with the concurrence of the Mayor or the Mayor Pro-Tem in the Mayor’s absence; and ensure that the City Recorder furnishes each member of the Council, the City Attorney, the media, and department heads with a copy of the agenda prior to the Council meeting, as early as possible and in any event in compliance with section 2.05.030.
D. No item shall be submitted to the Council, except through the City Manager and again, by way of concurrence of the Mayor or the Mayor Pro-Tem in the Mayor’s absence; however, any member of the public, member of the Council, or the City Manager may submit emergency items to the Council during the Council meeting at the time provided in the order of business. Excepting emergency actions necessary in furtherance of the public health, safety, or general welfare, no Council action shall be taken on any item not included on the published agenda, but rather shall be placed on a future Council agenda.
E. Nothing provided herein shall preclude the Council, by a majority vote of those present, from placing a topic, subject or presentation on a future Council agenda.
F. Agendas for all Regular Council Meetings shall include an item for Council Comments. This time is reserved for each Councilor to notify the Council, staff and public of topics of interest related to the City. During Council Comments, Councilors may ask questions of staff, through the City Manager; provided, that neither the City Manager nor staff will be required to provide an answer to a Councilor’s questions during the meeting unless the Councilor has provided his or her question to the City Manager on a form approved by the Council at least 24 hours before the meeting. The Council may, by majority vote of those present, limit the number of questions asked by any individual Councilor during Council Comments as well as direct the City Manager and staff not to answer any question. Neither the City Manager nor staff shall spend more than twenty minutes researching, compiling information or otherwise spending staff time to answer a question raised by an individual Councilor without approval by a majority vote of the Council.
G. All Council meeting agendas shall contain proper notice of the City’s intent to conduct the meeting in accordance with the Americans with Disabilities Act and that persons needing accommodations may contact the City Recorder 48 hours prior to the meeting time to request the necessary accommodation. Such notice shall provide the telephone number and address at which the City Recorder may be contacted. (Ord. 1028 § 1 (part), 2013: Ord. 1017 §§ 3, 4, 2011; Ord. 904 § 1 (part), 1999)
2.05.065 Council calendar.
To assist the City Manager and Mayor, or Mayor Pro Tem in the Mayor’s absence, the Council shall, with the assistance of the City Manager and City Recorder, develop a Council Calendar setting forth ongoing and future duties of the Council that should appear on future agendas of the Council. Pursuant to subsection 2.05.060(E), the Council may, by a majority vote of those present, place a topic, subject or presentation on a future Council agenda by adding it to the Council Calendar. (Ord. 1028 § 1 (part), 2013)
2.05.070 Procedures for making motions and voting.
A. Any councilor making a motion upon a matter to be voted on by the Council shall state the motion with enough clarity, specificity and brevity that the matter to be voted upon is clearly understood. All motions shall require a second by another Councilor prior to being put to a vote. Any motion failing to receive a second shall be considered failed.
B. Votes shall be by roll call taken by the City Recorder.
C. Except for a motion to adopt an ordinance at a single meeting for which the Charter requires a unanimous vote of all councilors present, an affirmative vote from at least a majority of all councilors present and eligible to vote shall be necessary to pass any motion upon which a vote has been called.
D. Each councilor shall vote on all questions put to the council, unless a conflict of interest as described in 2.05.100 exists or an appearance of fairness question under state law is present. Unless a member of the council states that he or she is abstaining, his or her silence shall be recorded as an affirmative vote.
E. The mayor shall call for the vote on each motion receiving a second. Upon a call for the vote, each councilor shall respond “yes” (aye), “no” (nay) or “abstain.” Any councilor responding “abstain” must state the reason for such abstention from the vote. An abstention shall not count as either an affirmative or a negative vote and shall not be counted toward the number of votes required to pass or reject a motion. Except to the degree allowed as a member of the public, no councilor shall discuss or vote upon any matter in which the councilor has declared a conflict of interest. (Ord. 1028 § 1 (part), 2013: Ord. 1017 §§ 5, 6, 2011; Ord. 904 § 1 (part), 1999)
2.05.080 Attendance—Excused absences.
Members of the Council may be excused from attending a City council meeting by contacting the Mayor, City Manager or City Recorder prior to the meeting and stating the reason for his or her inability to attend. Council members who do not follow the above process will be considered unexcused and it shall be so noted in the minutes. (Ord. 1028 § 1 (part), 2013: Ord. 1017 § 7, 2011: Ord. 904 § 1 (part), 1999)
2.05.090 Minutes of council meetings.
A. Written minutes shall be taken for all meetings of the Council, except executive sessions for which minutes may be kept in the form of recordings. No transcript of executive session minutes must be made unless otherwise required by law. The recordings, or written minutes if produced, of executive sessions shall not be disclosed to the public, including the news media, unless otherwise required by law. The City Recorder shall be responsible for the minutes of all Council meetings.
B. The written minutes of Council meetings shall not be verbatim transcripts, but shall give a true reflection of the matters discussed at the meeting and the views of those participating in the discussions and shall contain at least the following:
1. The date and location of the meeting, the type of meeting held and the time it was called to order;
2. The names of all elected officials present and those absent; the names and titles of all appointed officials present and the names of all news media representatives present and which media they represent;
3. The substance of all matters discussed at the meeting, including all motions, proposal, directives, ordinances and resolutions, and the disposition of the same;
4. Each motion made, the name of the councilor making the motion, and the name of the councilor who seconded the motion or, if the motion failed to receive a second, a statement that the motion failed due to lack of a second;
5. The results of all votes, identifying any councilor who abstains from voting and the reason for such abstention and those councilors voting in the minority; if the vote on a matter is unanimous, the minutes shall so state the vote was unanimous;
6. Any conflict of interest or potential conflict of interest declared by any elected or appointed official on any matter discussed by the council, and the reason for such conflict;
7. If the council adjourned for an executive session during the meeting, a statement indicating the council so adjourned; the state statute under which the executive session was authorized; the time the open meeting was adjourned for the executive session and the time at which the open meeting was reconvened;
8. A reference to any document discussed at the meeting; and
9. The time at which the meeting was adjourned.
C. Minutes of all council meetings, except those prepared for executive sessions if so prepared, shall be made available to the public within a reasonable time following the meeting. Any minutes provided to the public prior to being approved by the council shall be identified as an unofficial, draft record of the meeting. Minutes shall be provided to persons with disabilities in accordance with the Americans with Disabilities Act.
D. All minutes shall be approved by the city manager and presented for formal approval by council as promptly as possible. Minutes presented to council may be amended by a majority vote of the council. Upon council approval, the minutes shall be considered final and shall not be amended thereafter. The approved minutes shall be considered the official record of the council and shall be permanently retained by the city recorder. (Ord. 1028 § 1 (part), 2013: Ord. 904 § 1 (part), 1999)
2.05.095 Boards, committees and commissions.
A. City Council Committees. When the need arises, and with the advice and consent of the Council, the Mayor shall create committees to advise the full city council on specific issues. The Mayor shall appoint members to these committees which shall include at least one councilor and may include citizen members, as would best serve the needs of the council on the particular issue. These committees shall address only the assigned topic. After the assigned issue is researched, evaluated and discussed, the committee shall make a recommendation on the issue to the council. When the council has disposed of the matter, the committee shall be automatically disbanded.
B. Citizen Advisory Committees. If the council chooses to have citizen advisory committees, it shall commission such committees by a resolution which will detail any such committee’s mission, membership, terms of office, authority, officers, keeping of minutes, manner of reporting to the council, and other administrative matters. Each citizen advisory committee shall be chaired by a member of the city council who has been nominated by the mayor and approved by the city council to serve as the chair. Citizen nomination to a citizen advisory committee shall be by application to the mayor. Appointment shall occur by approval of a nomination by a vote of the city council. Citizen advisory committees shall be advisory to the council on specific matters or issues and may not operate, manage, administer or expend funds on any city program or service. The city manager shall assign city staff to each advisory committee to assist the committee with agenda notices, minutes and other administrative matters. Members of such committees shall be residents of the City; provided, that the Mayor may nominate and the Council may approve one nonresident of the City to serve on each committee.
C. Boards, Committees and Commissions. Boards, committees and commissions which are mandated by provisions of state statute shall be commissioned by ordinance of the city. The ordinance shall detail the group’s mission, membership, terms of office, authority, officers, and other administrative matters. Such groups include, but are not limited to, the library board, the planning commission, the budget committee, the contract review board and other groups which may, from time to time, be required by a superior government. While the library director serves as staff for the Library Board, the city manager shall assure staff assistance is provided with preparation of agenda, meeting notices and preparation of minutes for these groups. Meetings of such boards, committees and commissions shall be recorded; audio to be posted on the City’s website no later than five (5) working days after conclusion of the meeting. Written minutes of these meetings shall be made available to the public within a reasonable time following each meeting.
D. For all boards, committees and commissions serving in an advisory capacity, if a meeting duly called of the board, committee or commission fails to achieve quorum, the agenda item(s) for that meeting shall be placed on the agenda of the next regularly scheduled city council meeting. Staff may utilize Council created committees to seek input on issues that have been delegated to staff by the Council; provided, that staff informs the Council at its next regular meeting of the issue about which staff sought advice and the advice provided to staff by committee members.
E. Unless otherwise set forth in another City ordinance, the City Charter or state law, an appointed position on a City board, committee or commission becomes vacant upon: (1) the incumbent having been absent from twenty-five percent (25%) or more of the meetings of his or her board, committee or commission in any calendar year as determined on December 31 of each year by the City Recorder; (2) upon the incumbent having been absent from two consecutive meetings of his or her board, committee or commission; and (3) upon the incumbent having been absent from two meetings of his or her board, committee or commission in a calendar year without having provided advance notice of the intended absence to the City Manager, City Recorder or presiding officer of the board, committee or commission. (Ord. 1028 § 1 (part), 2013: Ord. 1019, 2012; Ord. 1017 § 8, 2011; Ord. 1005 § 1, 2010; Ord. 946 § 1, 2003)
2.05.100 Conflicts of interest.
Generally, conflicts of interest arise in situations where a Council member, as a public official, has an actual or potential financial interest in the matter before the Council. A relative means the spouse, children, siblings or parents of the public official or public official’s spouse. By law, a Council member must publicly announce potential and actual conflicts of interest and, in the case of an actual conflict of interest, must refrain from participating in debate on the issue and from voting on the issue. For purposes in understanding and determining if a conflict of interest exists, there shall be three definitions as follows:
A. Actual Conflict of Interest. An actual conflict of interest exists when a City Councilor’s actions related to his or her current duties and/or responsibilities would result in a private pecuniary benefit or detriment to the Councilor; the Councilor’s relative; or a business with which the Councilor or the Councilor’s relatives are associated. In addition, Oregon Government Ethics laws prohibit Councilors from using or attempting to use their official position or office to obtain financial gain or avoidance of financial detriment for themselves, their relatives or members of their households, or any business with which the Councilor or a relative or member of the household of the Councilor is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.
B. Potential Conflict of Interest. A potential conflict of interest exists when a Councilor takes action that could have a financial impact on that official, a relative, or a business with which the Councilor or Councilor’s relative is associated.
C. Perceived Conflict of Interest. A perceived conflict of interest exists when a Councilor’s private interests, bias or personal involvement in other activities and organizations, whether compensated or not, could improperly influence the performance of the Councilor’s duties in serving the exclusive interests of the City on any particular matter before the City Council. A perceived conflict of interest may exist whether or not a Councilor believes that the private interest, bias or personal involvement in an outside activity or organization actually creates a conflict that requires recusal. (Ord. 1028 § 1 (part), 2013)
2.05.110 Conflicts of interest remedy.
A. Immediately upon calling the meeting to order and at the conclusion of the flag salute, the presiding officer shall ask of the council if any member wishes to declare an actual, potential or perceived conflict of interest on any matter listed on the agenda. Thereafter, the presiding officer shall ask the public whether any member of the public believes a Councilor has an actual, potential or perceived conflict of interest that is required to be disclosed under the Council’s rules or state law.
B. In the event an actual conflict of interest exists, the Councilor (by law) must make such declaration, describe the nature of the conflict and recuse him or herself from all discussion and any vote on the matter for which the conflict exists.
C. In the event a potential conflict of interest exists the Councilor (by law) must declare the potential conflict and describe the nature of the conflict prior to any discussion or vote. After declaration, the Councilor may participate in the discussion and may vote.
D. In the event of a perceived conflict of interest, the Councilor must declare and/or acknowledge the perceived conflict and describe the nature of the conflict prior to any discussion or vote. After declaration, the Councilor may participate in the discussion and may vote unless the Councilor, in his or her discretion, determines that a private interest or personal involvement in other activities or organizations precludes the Councilor from serving the exclusive interests of the City in the particular matter in which the perceived conflict exists.
E. Pursuant to Section 2.05.120(A) of this Code, failure of a Councilor to make a disclosure or declaration required by this section shall not result in invalidation of any council act. (Ord. 1028 § 1 (part), 2013)
2.05.120 Effect of rules.
A. These rules shall repeal, rescind and replace all other rules and procedures of the council which may have been formally adopted by resolution or informally adopted by past practice or implied policies. These rules of procedure are adopted for the sole benefit of the members of the city council to assist in the orderly conduct of council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the city council to adhere to these rules shall not result in any liability to the city, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any council act. The city council may, by a majority vote, determine to temporarily waive any of the provisions herein.
B. Unless otherwise provided by state statute, this chapter or an ordinance or resolution commissioning a committee, board or commission, the rules in this chapter shall also apply to all boards, committees and commissions of the council as described in Section 2.05.095 of this code. (Ord. 1028 § 1 (part), 2013: Ord. 946 § 2, 2003; Ord. 904 § 1 (part), 1999. Formerly 2.05.100)