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Mayor and City Council April 1, 2004 Page 2 of the appointments are made by the state or national group, rather than by anyone at the local level. The criteria for appointment to the various committees also varies. In addition, the criteria for removal of a member also varies; often times, there are no criteria for removal (and therefore, the person cannot be removed). In some cases, members serve "at the pleasure" of the appointing authority. In other cases, lnembers can be removed only if they lose their office. The Council has not yet required that elected officials, when serving on various committees, must represent or vote according to an adopted City position or policy. There currently is no provision in the Charter or the Eugene Code that requires elected officials to adhere to City policy when serving on either the City's committees or the committees of other organizations. The closest action taken by the Council was in 1989, when the Council adopted Resolution No. 4139. That Resolntion requires, in part, that any City representative who testifies on legislative or regulatory matters before the federal or state government on behalf of the City must testify according to the adopted policies of the Council. Resolution No. 4139, § 3 (1989). (The resolution, however, also states that it is not intended to prevent or "abridge the rights of individuals to testify in their own names." Id. § 8. ) Although the Council has not yet imposed such a requirement, we believe that the Council legally could take action to require an elected official to represent officially adopted policy~ under some circumstances, but not others. The two principal sets of circumstances are (1) when the City (Mayor or Council) appoints the elected official, and (2) when some other organization (for example, LOC or NLC) makes the appointment. Under the City Charter, the Council has the authority to adopt ordinances to regnlate how elected officials are appointed to most2 committees, and to specify the powers and obligations of such appointees, including the obligation to take positions consistent with officially adopted policy. Moreover, as part of such an ordinance, the Council could provide that an appointee serves at the pleasure of the Council. if an elected official then takes a position that the Council determines is inconsistent with officially adopted policy, the Conncil could remove the individual from the committee. With respect to appointees to state and national boards and committees, the Council's authority is more limited. In those situations, the elected official normally is appointed by the state ~ Should the Council decide to adopt such a requirement, the Council should give some consideration to ~vhen such a requirement would apply. The term "officially adopted policy" means different things to different people. For example, is it only policies contained in ordinances and resoh~tions, or does it include statements contained in motions? Does it apply only to statements that are adopted as "policy," or does it include "implicit policies" that someone can infer from ordinance language? And, what happens when there are conflicting City policies that may apply to a matter under consideration by the intergovernmental entity? 2 It is possible that an intergovernmental or other agreement could authorize the Mayor to designate a representative. In such a case, the Council could not, by ordinance, supercede that intergovermnental agreement.