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CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mayor and City Council Date: April 1, 2004 Subject: Requiring Elected Officials to Represent or Vote According to the Official City Position or Policy While Serving on Boards and Committees CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION NOT SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT Overview During the Conncil's discussion of its Operating Agreements during the fall, the Council asked whether the Mayor and councilors could be required to vote and express positions consistent with council adopted positions. Section 9.03 of the Council Operating Agreements had addressed attendance by mi elected official at conferences, training sessions and other meetings such as attendance at meetings of LOC and NLC boards and committees. That section was removed pending this opinion and Council deliberation about whether the Council should be able to instruct elected officials in positions to take on those committees. In short, elected officials who serve on boards and committees of the City and other organizations are not currently bound to represent or vote according to the official City position or policy. Depending upon the type and purpose of the committee, as well as the appointing entity, an amendment to the Operating Agreements, and changes to the City code and previously-adopted resolutions, could impose such a requirement. Discussion The Mayor and City Councilors currently serve on a variety of boards, commissions and connnittees. Some of those entities are wholly City entities, such as the Police Co~nmission and Human Rights Commission. Other committees are interjurisdictional groups, such as the Metropolitan Policy Committee, the Metropolitan Wastewater Management Commission, Lane Council of Governments, the McKenzie Watershed Council, the Lane Regional Air Pollution Authority Board, the Lane Metropolitan Partnership, the Housing Policy Board, the Human Services Commission, and the Public Safety Coordinating Council. Still other committees are state and national committees, such as a membership on the Board of Directors of the League of Oregon Cities or on one of LOC's committees, or membership on a com~nittee of the National League of Cities. Elected officials are appointed to those various types of committees, boards and commission through very different processes. In some cases, the Mayor makes the appointment. In others, the Mayor nominates and the Council appoints. With respect to the state and national committees, most