HomeMy WebLinkAboutResolution No. 4930
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COUNCIL RESOLUTION NO. 4930
A RESOLUTION AMENDING EUGENE CITY
COUNCIL OPERATING AGREEMENTS AND
REPEALING RESOLUTION NO. 4872.
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Bettman
RECUSED:
CONSIDERED: February 25, 2008
RESOLUTION NO. 4930
A RESOLUTION AMENDING EUGENE CITY COUNCIL OPERATING
AGREEMENTS AND REPEALING RESOLUTION NO. 4872.
The City Council of the City of Eugene finds that:
A. On June 14, 1999, Ordinance No. 20156 was adopted by the Council and
approved by the Mayor amending Section 2.007 of the Eugene Code, 1971, concerning regular
meetings and council ground rules.
B. The Eugene City Council Operating Agreements were adopted by Resolution No.
4588 on April 12, 1999, and have been subsequently amended, most recently by Resolution No.
4872 on May 22, 2006.
C. At its Regular Meeting Session on January 28, 2008, the Council approved the
City Council Committee on Intergovernmental Relations Operating Agreements. Contained in
that document is direction that the "operating agreements of the Intergovernmental Relations
Committee are to be incorporated into the Operating Agreements of the Eugene City Council."
In order to ensure the intention of the Council is accurately reflected the City Council Operating
Agreements should be amended and Resolution No. 4872 repealed.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based on the above findings, the Eugene City Council Operating Agreements,
referred to as ground rules in the Eugene Code, 1971, are hereby amended as set forth in Exhibit
A attached hereto and incorporated herein.
Section 2. Resolution No. 4872 and the Operating Agreements adopted therein are
hereby repealed as of the effective date of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 25th day of February, 2008.
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\ City Recorder
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Resolution
EUGENE CITY COUNCIL OPERATING AGREEMENTS
RESOLUTION NUMBER 4930
ADOPTED FEBRUARY 25, 2008
INTRODUCTION
The Municipal Charter of the City of Eugene (Charter) and Eugene City Code, 1971 (E.C.), as
well as the Oregon Revised Statues (ORS) law govern many meeting requirements and actions of
the Council. The Eugene Charter, Chapter 2 of the Eugene City Code, and various sections of
ORS 192 and 244 are primary sources of these meeting and other operating requirements.
1. MEETING REQUIREMENTS
1.01 Time of Meetings
Regular meetings of the Eugene City Council (the Council) shall be on the second and fourth
Mondays of each month. These meetings shall begin at 7:30 p.m. and shall end at 10 p.m., or
when the agenda item considered by the Council at 10 p.m. is concluded. If those days are on a
legal or religious holiday, the Council may schedule the meeting for the day immediately
following.
1.02 Work Sessions
The Council may meet in work sessions beginning at 5:30 p.m. prior to its regular Monday
meetings as needed. Other work sessions may be held on the second, third, fourth, and fifth
Wednesdays of the month. These work sessions shall start at noon and last for a maximum of 90
minutes. Except for extraordinary circumstances, the total time for presentations by staff and/or
others on a single agenda item shall be no more than 15 minutes.
1.03 Location of Meetings
Eugene City Council meetings shall be held within the jurisdictional boundaries of the City.
Training sessions may be held outside the City limits, if no deliberations toward a decision are
made. Inter-jurisdictional meetings may be held outside City limits, but should be as close to
Eugene as practical. No Council meeting shall be held at any place where discrimination on the
basis of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial
status, age, sexual orientation, source of income or disability, is practiced. For this purpose,
meetings do not include visitations or attendance at any national, regional, or state association to
which the councilor belongs.
1.04 Notice of Meetings, Special Meetings, Emergency Meetings
Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include
written notice to all news media which requested notice. In the case of emergency or when a state
of emergency has been declared, notice appropriate to the circumstances shall be provided and
reasons justifying the lack of 24-hour notice shall be included in the minutes of such meeting. As
per both the Eugene Charter, Section 9, and Eugene Code, Section 2.007 (2), the Mayor or three
of the members of the Council, may call a special meeting of the Council in manner provided in
E.C. 2.007 (3).
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1.05 Public Forum
A public comment period generally shall be the first item of every regular meeting of the Eugene
City Council. The Public Forum shall not exceed a maximum of 60 minutes, unless a majority of
Councilors present vote to extend the time. A motion to extend the time of the Public Forum is
not debatable.
Persons wishing to speak at the Public Forum must sign up to do so not later than 5 minutes after
the meeting has been called to order by the Mayor or presiding officer. The Mayor or presiding
officer shall inform the audience of the requirement to sign up to speak not later than 5 minutes
after the meeting has been called to order or prior to the conclusion of the Public Forum.
Members of the public may speak about any topic during the Public Forum, except as provided
below. If a member of the public wishes to speak on an item that is scheduled for a public
hearing at that same meeting, the speaker shall wait until that public hearing. The Public Forum
cannot be used to testify about an item that is not a public matter or which has already been heard
by a Hearings Official, or to provide or gather additional testimony or information on a quasi-
judicial matter after the official record has been closed.
Speakers at the Public Forum will be limited to three minutes. Generally, the speakers will be
called upon in the order in which the "request to speak" forms are received by the staff at the
meeting. No persons will be allowed to complete a "request to speak" form more than 30 minutes
prior to the start of the meeting.
Should there be more speakers than can be heard for three minutes each during the 60 minute
Public Forum, the staff will sort the "request to speak" forms in order to afford a greater
opportunity for a number of topics to be heard during the Public Forum. If there are a large
number of speakers on a single topic, staff is directed to intermix request to speak forms from
persons wishing to speak on a less stated topic. The "request to speak forms," in this case only,
will not remain in the original order in which they were received in order to improve the
likelihood that those smaller numbers of speakers will have an opportunity to speak before the
Public Forum is closed.
When possible and feasible preference will be given to individuals who reside within the legal
limits of the City of Eugene. Persons who do not reside in the City of Eugene may be placed at
the end of the list of those wishing to speak at the Public Forum.
At the end of the Public Forum each member of the Council has the opportunity to respond to
comments made during the Public Forum. The time allocated to each member of the Council for
such responses shall be up to three minutes.
1.06 Public Hearings
Public hearings shall be held at regular meetings and shall occur for all ordinances except under
the terms delineated in E.C. 2.007 (4). Hearings may be scheduled on other items at the
discretion of the Mayor and the City Manager. Persons wishing to speak shall submit a "request
to speak" form prior to the commencement of the public hearing at which the person wishes to
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speak. The Mayor or presiding officer shall inform the audience of this requirement to sign up
prior to the commencement of a public hearing. Speakers will be limited to three minutes.
Eugene Code 2.015(7) notwithstanding, councilors may ask clarifying or follow up questions of
individuals providing testimony after that individual has completed his/her testimony. Questions
posed by City Councilors should be to provide clarification or additional information on
testimony provided. Questions should not be used as an attempt to lengthen or expand the
testimony of the individual. Councilors shall be expected to use restraint and be considerate of
the meeting time of the Council when exercising this option. The Mayor or presiding officer may
intervene if a councilor is violating the spirit of this guideline. At the end of the Public Hearing,
each member of the Council has the opportunity to comment on or discuss testimony given
during the Public Hearing.
The Mayor and Council will be limited to commenting only on the main motion prior to
discussing any proposed amendments. If a an amendment to the motion is made during the initial
round on the main motion, subsequent remarks on the amendments will be postponed until all
wishing to speak on the main motion have done so.
1.07 Executive Session
All meetings of the Eugene City Council shall be held in open session, except those meetings
that may be closed for those purposes specified in the Oregon Attorney General's Public Records
and Meetings Manual (ORS 192.610 to 192.690). These include the employment and dismissal
of public employees, the performance evaluation of the City Manager, labor negotiations, real
property transactions negotiations, and consulting with legal counsel on pending or threatened
litigation.
Notice of executive sessions shall be given as required by state law and that notice must state the
specific provisions of law authorizing the session.
The Mayor and City Councilors are expected to maintain the confidentiality of the information
discussed in legally noticed and conducted executive sessions as defined in Chapter 192 of the
Oregon Revised Statutes.
1.08 Minutes
Written minutes shall be taken for all Council meetings in accordance with the Oregon Attorney
General's Public Records and Meetings Manual. The minutes must give a true reflection of the
matters discussed but need not be a full transcript, verbatim or recording. As a matter of courtesy
and efficiency, councilors should notify the Mayor and other councilors that he/she intends to
propose an amendment to the minutes and should propose replacement text in advance of the
meeting at which those minutes are scheduled to be approved. If the proposed amendment is a
simple factual, grammatical, or spelling correction, the amendment may be proposed without
consulting the minutes recorder. If, however, the proposed amendment is substantive in nature or
seeks to clarify the speaker's intent, or to expand his/her remarks for the record, the councilor
should notify the minutes recorder and request verification of the proposed amendment.
1.09 Voting
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Section 12 of the Eugene Municipal Charter states that, the Mayor only votes on matters before
the Council in the case of a tie. Council members may not abstain from voting unless a conflict
of interest has been declared.
1.10 Presiding Officer
The Mayor shall preside over Council meetings when present. The president of the Council shall
preside if the Mayor is absent or unable to preside. The Council vice president shall have the
powers of the Council president when the Council president is performing the duties of the
Mayor. If the Mayor, Council president, and vice president are unavailable, the Council members
present shall elect a temporary presiding officer.
1.11 Council Officers
Council officers shall be elected for one year terms in the manner prescribed in the E.C. 2.009, at
the first regular meeting in each calendar year.
2. PLACING ITEMS ON COUNCIL AGENDA
2.01 Contact the City Manager
Contact the City Manager and explain the nature, scope and desired outcome of the item for the
agenda, or make the request during a City Council meeting under "Items from Mayor and City
Council" at a Council work session. The City Manager and Mayor may then decide to place the
item on a future agenda.
2.02 Council Poll
Alternatively, an item may be placed on the Council agenda by councilor request. A councilor
may ask Council support staff for a work session, and staff shall then poll all councilors, in
writing, to ask if the item should be placed on the Council agenda. If, within five working days of
distribution of the poll, a majority of the Council responds in the affirmative, the item shall be
placed on the Council agenda within one week. A majority of the Council in this instance is four
councilors.
2.03 Tentative Agenda on the Consent Calendar
At each regular meeting of the Council, the City Manager shall present the tentative agenda. This
shall be placed on the Consent Calendar. If there are concerns about items on the tentative
agenda it may be removed at the request of any councilors from the Consent Calendar and
discussed separately.
2.04 Tentative Agenda Provided Each Week
The tentative agenda shall be included in the weekly information packet provided to the Council.
2.05 Scheduling of Items on the Agenda
The City Manager and Mayor shall decide the date that items come before Council for work
sessions and for regular meetings.
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2.06 Routine Business Items on the City Council Agenda
The City Manager shall continue to place routine and standard items of Council business on the
City Council agenda.
3. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA
3.01 Ceremonial Matters
At the first regular meeting of each month, the first item on the agenda shall be used to
acknowledge special recognition and awards given to the City of Eugene or for the Mayor to
announce proclamations which serve to encourage and educate the community. Proclamations
shall be made and placed on the agenda at the discretion of the Mayor. This item shall be called
"Ceremonial Matters." Requests for recognition under Ceremonial Matters should be submitted
in writing to the Mayor.
3.02 Consent Calendar
At regular Council meetings, in order to expedite the Council's business, routine and standard
items shall be placed on the Consent Calendar. Any item on the consent calendar may be
removed for separate consideration by any member of the Council. Revisions or corrections to
meetings minutes shall be considered first, prior to other items removed from the Consent
Calendar. The remaining items on the Consent Calendar may then be considered for action by a
single vote. The items pulled from the Consent Calendar shall be considered after the approval of
the remainder of the Consent Calendar and before the next scheduled item on the agenda.
Ordinances because of charter requirements, are not be placed on the Consent Calendar.
3.03 Public Hearings Given Priority
As a guideline, public hearings shall be placed on the specific meeting agenda before items only
requiring action. Further, public hearings expected to draw a small number of speakers shall be
placed before public hearings for which a larger number of speakers is expected.
3.04 Items from Mayor and City Council
At work sessions held on the second and fourth Mondays of each month, the first item on the
agenda shall be "Items from Mayor, Council and City Manager." The time set for this item will
be 20 minutes, subject to change at the time the meeting is called to order.
4. COUNCIL ACTION ON AGENDA ITEMS
As a guideline, action on issues for which a public hearing has occurred shall not be taken at the
same meeting at which the public hearing is held. In the case of an ordinance, the charter requires
that an ordinance shall not be adopted by the Council unless it has been considered by the
Council during at least two meetings. With the unanimous consent of the Council, the Council
may consider and enact an ordinance at a single meeting if the Council does not amend the
ordinance in a manner that modifies its substantive effect, (Charter, Section 28 (3)).
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5. POSTPONING AGENDA ITEMS
Any councilor may request that an item be postponed to another meeting if he/she is unable to
attend the meeting at which the item has been scheduled. As a courtesy, councilors should submit
in writing a request to postpone to the Mayor as early as possible. If the Mayor is unavailable the
request should be made to the City Manager or the Manager's designated staff member. A
request to postpone may be requested for either a work session item or a vote on an agenda item.
The request to postpone shall be honored unless a majority of councilors present, determines that
the matter needs to be acted upon at that meeting.
6. COMMITTEES OF THE COUNCIL
6.01 Creation of Committees
While the City Code governs appointments to certain committees, the code grants broad general
powers to the Mayor and Council to create subcommittees or special ad hoc committees of the
Council. The Mayor shall nominate and the Council shall appoint the members of any committee
established by the Council unless a different procedure is specified at the time the committee is
established. The charge to the committee shall be clearly stated at the time the committee is
established, and the committee shall disband when its work is complete. Committees may be
composed of councilors, interested citizens or both.
6.02 Standing Committees of the Council
There is one standing committee of the Council, the Intergovernmental Relations Committee.
6.03 Standing Advisory Bodies to the Council
There are five standing advisory bodies to the City Council. These are created in the Eugene
Code and exist to provide advice on policy matters. These are: 1) the Budget Committee; 2) the
Planning Commission; 3) the Police Commission; and 4) the Human Rights Commission.
7. CONDUCT AT MEETINGS
7.01 Roberts Rules of Order
Conduct at Council meetings and committee meetings is governed by Roberts Rules of Order.
Revised. The Council has the obligation to be clear and simple in its procedures and in its
consideration of the questions coming before it. Council members shall avoid invoking the finer
points of parliamentary rules which may serve only to obscure the issues.
7.02 Other Meeting Guidelines
The presiding officer shall be responsible for ensuring order and decorum are maintained.
Behavior or actions that are unreasonably loud or disruptive shall be cause for removal from
Council meetings. This includes engaging in violent or distracting action, making loud or
disruptive noise or using similar language, and refusing to obey an order of the presiding officer.
Council members speak only for themselves and shall be open, direct and candid. They work to
keep discussion moving, and call for a "process check" if the discussion becomes bogged down.
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Time limits may be set on topics.
When councilors speak to each other during public meetings, last names shall be used during
regular meetings and first names may be used during work sessions. The Mayor is, however,
al ways referred to as "The Mayor."
During public meetings, councilors generally should not attempt to edit or rewrite prepared
ordinances. Amendments to an ordinance may, however, be appropriate. Generally, councilors
should give direction to staff to bring back amended ordinances for Council consideration.
If a member of the Council intends to make a motion at a meeting which is not reflected in the
agenda item summary, every effort should be make to contact other members of the Council to
inform them of the intent and the text of the motion. City Council support staff should be notified
provided with the same information and may be asked to assist in the notification process.
Comment times for the Mayor and councilors at Council meetings or work sessions shall be as
follows: the first round of comments by the Mayor and Council following a work session, public
hearing, or when action is scheduled will be limited to no more than three minutes. If a second
round of comments is requested, they will be limited to no more than two minutes, and third
round comments will be no longer than one minute. This, however, will be at the discretion of
the Mayor or presiding officer.
When an amendment to the main motion is introduced, comments will be limited to two minutes
for the Mayor and Council until the presiding officer deems that one-minute limitations are
necessary due to time constraints.
7.03 Public Conduct
The rules of conduct for members of the public shall generally be the same as for the Council.
The Code prohibits any person from bringing in to a Council meeting flags, signs, posters, and
placards unless authorized by the presiding officer. The Eugene Code specifically permits arm
bands, emblems, badges, and other articles worn on personal clothing, so long as such items do
not extend from the body in such a way as to cause injury to another.
8. COUNCILOR REQUEST FOR STAFF ASSISTANCE
8.01 Two-Hour Rule
Initiatives which require more than two hours of staff time must be approved by the Council.
Requests that involve less than two hours staff time or resources should be directed to the City
Manager.
8.02 Major Request
A Councilor who desires major policy, ordinance research, or other staff assistance should first
raise the issue at a Council work session. The Council should decide whether to proceed with the
issue or ordinance before staff time is spent.
8.03 Tracking Council Requests
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Except for routine inquiries, the City Manager shall respond to councilors' requests for
information or assistance. The Manager shall assign these requests to appropriate City staff and
track progress on the assignments. This process eliminates the possibilities of staff members
duplicating each other's efforts or a request being overlooked. In each weekly information packet
a list of current requests for assistance will be provided.
9. REPRESENTING CITY POSITIONS AND PERSONAL POSITIONS
9.01 Written Communications from City Councilors and Mayor
In written communication with other officials or groups and in letters for publication, such as "to
the editor," the Mayor and councilors should be careful to decide whether to speak only for
themselves or for the Council. In speaking for the Council, when there is a position which the
writer wishes to reinforce or explain, it is useful to circulate a copy to the Council for comment
before the letter is mailed. Letters to other elected officials or agencies on City issues shall be
discussed with the appropriate staff so that the City lobby effort can be coordinated.
When writing as an individual, a councilor or the Mayor is free to take any position which he or
she feels is appropriate. When it is a point of view different from a Council position, this fact
should be included in the letter. Use of City stationery and choice of pronouns shall be left to the
discretion of the councilor or the Mayor.
The governing principle is to advise the Councilor staff when expressing a City position, and to
make differences clear when speaking as an individual.
9.02 State/Federal Lobbying
The effectiveness of City lobbying in Salem or in Washington, D.C., depends on the clarity of the
City's voice. When councilors or the Mayor represent the City in a lobbying situation, it is
appropriate that the councilors or the Mayor avoid expressions of personal dissent from an
adopted Council policy. This policy is stated in Resolution No. 4139, Council Policy on
Testimony and Funding Applications.
A councilor or the Mayor in disagreement with an adopted policy should not be deprived of the
right to express such views to the appropriate officials at another time and another place.
However, the councilor or the Mayor should feel bound to advise those to whom such
disagreement is expressed that it is an individual view and that the Council has taken a different
position.
9.03 Attending Conferences, Other Meetings
Councilors and the Mayor are encouraged to attend conferences and training sessions which
would enhance their skills and knowledge. Any councilor or the Mayor may attend any meeting
at which the Council is represented, but only the formally appointed official City Council
representative or designated alternate, has the right to vote on matters being considered by the
organization or group holding the meeting or conference. Individual councilors or the Mayor
may state he or she is representing the City Council ifhe or she has been formally directed by the
City Council to do so.
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For local intergovernmental bodies or advisory groups, to which an official Eugene City Council
representative has been appointed, the representative is to serve as an "instructed delegate," that
is, to represent pertinent adopted city and Council policy. If possible, the Mayor or councilors
should inform the other members of the City Council of the matters being considered by
intergovernmental bodies, and to the greatest extent possible, seek direction from the City
Council on issues directly pertaining to the City of Eugene and adopted city policy. The
representative may express his or her own opinion, provided it is identified as such, but when
voting or considering matters with policy implications or budgetary considerations, the
representative must follow adopted City or Council policy and direction.
Participating in state and national groups such as the League of Oregon Cities and the National
League of Cities presents the opportunity to enhance skills and knowledge, and are important
avenues for the Mayor and councilors to advocate for the members of the community and the city
itself. If the Mayor or councilors attend meetings of these organizations, an official voting
delegate should be selected by the City Council. This voting delegate, to the greatest extent
possible, informs the Mayor and City Council of issues or matters on which the voting delegate
may be asked to vote. If there is existing City or Council policy, the voting delegate will vote in
accordance with that policy. When providing a report to the council (see Section 10.06), votes of
the delegate should be included in that report.
If the Mayor or individual councilor serves on a committee of a state or national advisory
committee and has been selected in an "at large" role, that is, not a specific seat or position for a
City of Eugene elected official, that person should state the adopted City or Council policies.
However, that person is not bound by the adopted policy and can represent his or her own
position, provide that the person makes such a disclaimer.
10. COUNCILOR EXPENSES
10.01 General Guidelines for Reimbursed Expenses
Under the provisions of the City Charter, the City may pay a councilor or the Mayor expenses
that are directly related to City business. It is each councilor's and the Mayor's responsibility to
determine if expenses are actually City related. If there are questions about the propriety of such
expenditures, the Manager shall first review the issue with the councilor. If the City Manager and
the councilor cannot resolve the issue, the Manager shall discuss the matter with the Mayor.
Receipts should be secured for any expenses and should accompany Council expense report
forms to record mileage and other expenses. The forms shall be available from the City
Manager's Office.
Activities that support or oppose a political campaign shall not be reimbursable.
10.02 Out-of-Town Expenses
Out-of-town expenses include those incurred while attending City-related conventions,
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conferences, training seminars, or meetings. Expenses that are paid by the City include fees for
seminars or conferences; transportation to, from, and at the destination; and lodging, meals, and
incidental expenses that are necessary to conduct City business.
10.03 Local Expenses
Local expenses include those incurred while representing the Council on a committee, attending
meetings, attending local seminars or conferences, attending local special events, or meeting with
groups or individuals to discuss City matters. Expenses that are paid by the City are detailed in
Resolution No. 4375 and include meals, conference registration, transportation and necessary
incidental expenses, and up to two community group memberships, not to exceed $100 total. The
reimbursement for bicycle mileage, as permitted in Resolution No. 4375, shall be $.15.1 per mile
as of September 1, 2002, and shall be adjusted each year at the same rate of increase as that of
automobile reimbursement. Special materials such as books or directories may also be eligible
for reimbursement.
If receipts are not available, a written description of expenses signed by the Councilor must be
submitted along with the Council Expense Report Form. Forms shall be available from the City
Manager's Office.
10.04 Spouse/Guest Expenses
The City shall reimburse councilors or the Mayor for spouse expenses at local events when the
councilors or the Mayor and spouse are jointly invited and the councilors are serving in their
official capacity, such as a recognition dinner. The City does not otherwise reimburse councilors
or the Mayor for expenses incurred by their spouses. If councilors or the Mayor wish to have
spouses accompany them while attending out-of-town events, the City may make reservations
and have travel and lodging expenses billed directly to the City. Councilors or the Mayor must
then reimburse the City for their spouse's travel and lodging expenses. Reimbursement should be
made as soon as possible so that the trip reconciliation process can be completed. When a guest
is invited in place of a spouse, this reimbursement policy shall also apply.
10.05 Petty Cash
Expenses under $50 can usually be reimbursed out of the petty cash fund in the City Manager's
Office.
10.06 Travel Guidelines
Prior notification of out-of-town travel shall be given to staff responsible for travel arrangements
in the City Manager's Office whenever possible. Registration and travel arrangements should be
made well in advance so that the City can take advantage of reduced fares and early registration
fees. Staff shall assist councilors in making transportation and lodging arrangements and arrange
to have expenses billed directly to the City; contractors shall be chosen by staff, and not by
councilors.
While at a conference, councilors or the Mayor shall be expected to attend conference sessions
and, within 30 days, issue a written report to share the information and perspectives with the
entire Council. If more than one councilor attends, a consolidated report may be written.
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As a general guideline, each councilor is allowed two out-of-state conference trips per fiscal year.
If a councilor wishes to make additional trips, the request should be brought to attention of the
full Council and should be endorsed by a majority of the Council. This guideline is intended to
cover trips made at the discretion of the individual councilor; it is not intended to be applied to
trips related to service on national or regional committee, such as a committee of the National
League of Cities.
10.07 Overseas Travel
If the Mayor or members of the Council wish to attend a conference or make a Council business-
related trip to a destination overseas, this request shall be made in writing well in advance and
shall be placed on the consent calendar for approval by the Council.
11. ETHICS
11.01 Reporting Requirements in ORS
In accordance with ORS 244.050, the Mayor and all councilors holding office on April 15 shall
be required to file an Annual Verified Statement of Economic Interest with the Oregon
Government Standards and Practices Commission on or before that date. The report must be filed
on the form prescribed by ORS 244.060. Each year the form shall be mailed directly to the
elected official by the Commission and should be returned directly to the Commission in Salem.
Failure to submit the form by the April 15 deadline may result in the imposition of a civil penalty
and/or removal from office.
11.02 Local Code of Ethics
The Charter requires that a code of ethics be enacted. This local code, found in the Eugene Code,
places additional conflicts of interest requirements upon elected officials and creates a local
process for filing complaints.
12. COUNCIL CHAMBER AND MCNUTT ROOM SEATING ASSIGNMENTS
The Council shall be assigned seats in January, following the election of the Council president
and vice president. The Mayor is always seated at the center position with the Council president
seated at the Mayor's right and the Council vice president seated at the Mayor's left.
The remaining councilors in alphabetical order by last name shall be assigned seats. Each person
moves one seat toward the outside and to the opposite side of the table or dais; those on the
outside move to the innermost seats on the opposite side. This system allows councilors the
opportunity to regularly change seats throughout a four-year term. Below is a detailed listing of
the seating sequence.
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JANUARY Mayor
President Vice President
Councilor Al Councilor B2
Councilor C3 Councilor D4
Councilor E5 Councilor F6
APRIL
Mayor
President Vice President
Councilor F6 Councilor E5
Councilor B2 Councilor Al
Councilor D4 Councilor C3
SEPTEMBER
Mayor
President Vice President
Councilor C3 Councilor D4
Councilor E5 Councilor F6
Councilor Al Councilor B2
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CITY COUNCIL COMMITTEE ON INTERGOVERNMENTAL RELATIONS
OPERATING AGREEMENTS
ADOPTED BY THE CITY COUNCIL ON JANUARY 28, 2008
1. Purpose of Council Committee on Intergovernmental Relations
The Council Committee on Intergovernmental Relations (IGR Committee) exists to make
recommendations to the City Council on State and Federal legislative issues and on City
applications for funding from outside agencies. At this time it is the only standing committee of
the City Council.
2. Membership
The IGR Committee consists of three City Council members.
The three IGR Committee Council members are appointed annually by the Mayor in the normal
course of appointments to various boards and commissions on which City of Eugene elected
officials serve. The Mayor will appoint members that represent the City Council's political and
ideological diversity.
The Mayor serves as an ex-officio member of the IGR committee.
3. Committee Chair
The IGR Committee shall elect a chair of the committee at the first regularly scheduled meeting
after the Mayor has appointed the members to the IGR Committee.
4. Conducting the Business of Meeting
IGR Committee meetings are governed by Roberts Rules of Order. Revised. Like the City
Council, the IGR Committee has the obligation to be clear and simple in its procedures and in its
consideration of the questions coming before it.
5. Meetings
The IGR Committee meets as needed and generally meets more frequently when the Oregon
Legislature is in session. Meetings of the IGR Committee are subject to the requirements of
Oregon Public Meetings Law, ORS 192.620. The meetings shall be held within the jurisdictional
boundaries of the City.
No IGR Committee meeting shall be held at any place where discrimination on the basis of an
individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status,
age, sexual orientation, source of income or disability, is practiced.
Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include
written notice to all news media that requested notice.
Eugene City Council Operating Agreements - February 25, 2008
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6. Quorum
Two members of the IGR Committee constitute a quorum for the transaction of Committee
business. Other members of the City Council may attend meetings of the IGR Committee, but
shall have no authority or status to vote on matters considered by the IGR Committee during that
meeting.
Unanimous votes of the IGR Committee require 3 votes, not 2 votes, should an IGR Committee
member be absent.
An IGR Committee member may designate the Mayor to serve as an alternate in the member's
absence.
7. Minutes
Written minutes shall be taken for all IGR Committee meetings in accordance with the Oregon
Attorney General's Public Records and Meetings Manual. The minutes must give a true
reflection of the matters discussed but need not be a full transcript, verbatim or recording.
8. Process for Sessions of the Oregon Legislature
The Regular Session of the Oregon State Legislature convenes in January of odd numbered years,
with a Special Session convening in January of even numbered years. The Regular Session
generally lasts for six months with the Special Session lasting for two months. In February 2008,
the Oregon legislature convened a Supplemental Session in lieu of the Special Session, lasting
for only one month., Supplemental Sessions may be held in subsequent even numbered years.
Preparation for the Regular Session is begun by IGR staff who meet with the members of the
IGR Committee and other City departmental staff to outline legislative policies and concepts for
the upcoming session based upon City Council goals, priorities, community needs and
organizational issues. These concepts, after being vetted by staff and the IGR Committee, are
then submitted to the full City Council for review and approval. Once the concepts are approved,
they become the basis for the Legislative Policies document that serves as the cornerstone for
position and lobbying efforts on particular pieces of legislation during the session.
The Legislative Policies document includes principles and precepts that will help determine the
city position on bills. The City of Eugene first adopted a formal set of legislative policies prior to
the 1985 session recognizing from past sessions that many staff recommendations were repeated
from session to session and that a great percentage of a session's legislative proposals could be
anticipated.
9. Process for Introducing Legislation
The City may wish to introduce legislative concepts on its behalf to the legislature. The IGR
Committee meets and reviews all proposals for legislation prior to submittal to the Legislature.
. Any City staff or elected official interested in introducing legislation prepares a written
overview of the purpose of the legislative concept and draft language for review by the IGR
Committee. Once the IGR Committee has voted on proposed legislative concepts, the action
Eugene City Council Operating Agreements - February 25, 2008
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of the IGR approval.
After the proposed legislative concepts have been reviewed and approved by the full City
Council, legislative concepts that have been approved are presented to the Legislature for
drafting. The bill, as introduced, is then presented to the IGR Committee under the regular bill
reVieW process.
10. Process for Review and Prioritization of Legislation
The Legislative session is relatively short and as a result, bills can move quickly through the
legislative process. Regardless, the City will maintain a neutral position on any bills not yet
reviewed by City staff and acted upon by the IGR Committee.
Review by City staff:
. Once the bills are introduced, they are assigned by an IGR staff person to the appropriate
LC for review.
. Legislative Coordinators (LCs) in the appropriate City department analyze all introduced
bills that are of interest to or may affect the City. LC staff is determined by each
Department.
. LC staff turnaround for review and analysis of a bill is expected to be within 10 working
days of the assignment of a bill unless the movement of a bill warrants a faster turn-
around. In those cases, IGR staff will contact the LC and arrange for a faster review.
. If a bill addresses one or more of the policies presented in the Legislative Policies for that
session, the particular policy is noted in the LC stafr s analysis of the bill.
. LC staff will relay both the pros and cons of a bill in their comments as well as any
amendments that would make the bill more favorable.
. LC will assign each bill a priority and a recommendation.
Legislative advocacy is done on the basis of a priority and recommendation system. LC staff
recommends a "support," "oppose," "neutral," "monitor," or "drop" recommendation for all
reviewed bills. LC staff also recommends a priority of 1, 2, or 3 on all reviewed bills.
The three priority assignments for legislative bills are as follows:
PRIORITY ONE BILLS - The issues addressed by the bill are identified in the City's
Legislative Policies document. The bill would have a significant impact on City operations,
services, or finances in such ways as to fundamentally impact department administration,
organization, personnel, allocation of City resources, or local decision-making, either negatively
or positively. The issues addressed by the bill are of significant interest to the City even if they
do not directly impact the operations, services, or finances of the City.
Lobby Resource Allocation: Both IGR staff in Salem work on the bill, with a high support level
from the legislative coordinator(s) assigned to the bill. The Mayor and/or Council members may
testify before committees, possibly with both IGR staff and/or a legislative coordinator. IGR staff
contacts all or close to all members of all committees the bill is assigned to. Depending on topic
and recommendation, IGR staff will also contact as many legislators as possible prior to public
hearings or work sessions. In the event of a floor vote, IGR staff contacts as many legislators as
Eugene City Council Operating Agreements - February 25, 2008
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is possible in the 2-5 day period between committee passage and the floor vote. Handouts would
be placed in the Capitol mailboxes of all legislators prior to a floor vote.
PRIORITY TWO BILLS - The issues addressed by the bill are identified in the City's
Legislative Policies document. The bill would have some impact, although manageable, on City
operations, services, or finances and would impact administration, organization, personnel,
allocation of City resources, or local decision-making, either negatively or positively. The issues
addressed by the bill are of high interest to the City even if they do not directly impact the
operations, services, or finances of the City.
Lobby Resource Allocation: IGR Staff in Salem work closely with legislative coordinators. If the
bill is a City specific issue, IGR will testify, with a legislative coordinator if necessary. This, may
necessitate the involvement of an executive or expert department staff or the Mayor and/or
Council members. If it is an issue less specific to the City, written testimony will be offered. IGR
staff will contact members of the bill's committee prior to a bill being passed out of committee.
In the event of a floor vote, IGR staff will submit letters to all legislators and try to contact as
many of them as possible, starting with our delegation first, and then to legislators we suspect
might be "swing votes."
PRIORITY THREE BILLS - The issues addressed by the bill are alluded to in the City's
Legislative Policies document or included in other policy document or direction. The bill would
have a slight impact on City administration, operations, or services, with potential implications for
City finances, either negatively or positively. The bill requires tracking because amendments could
elevate bill to Priority One or Priority Two. The issues addressed by the bill are of slight interest to
the City even if they do not directly impact the operations, services, or finances of the City.
Lobby Resource Allocation: Depending on recommendation, IGR staff contacts committee
members from local delegation, as well as the committee chair or submits written testimony or
letter to proper committee, with no further involvement. In the event of a floor vote, IGR staff
will submit letters to all legislators.
Review by the IGR Committee:
. The bill is placed on the IGR Committee agenda for review as soon as possible after all
applicable staff has commented on the bill.
. The IGR Committee meets and reviews all bills on the IGR Committee agenda and may
pull any or all bills off the agenda for discussion.
. Any LC staff that has reviewed and commented on a bill that is pulled for discussion will
be prepared to discuss the bill at the IGR Committee meeting.
. If a bill is not pulled for discussion, the staff recommendation stands. If a bill is pulled
for discussion, the IGR Committee may keep or change the staff recommendation. The
IGR may also direct that IGR staff work to amend a bill.
. The IGR Committee votes on all bill priorities and recommendations; the votes need not
be unanimous - with unanimous being 3 votes.
The actions of the IGR Committee are presented on the full City Council's agenda for review and
Eugene City Council Operating Agreements - February 25, 2008
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approval. The minutes of the IGR Committee are ratified by the City Council. Any bill that has
been reviewed by the IGR Committee may be pulled for discussion at the request of any
councilor or by the Mayor.
11. Status of Positions on Bills until Final Ratification by the City Council
Time demands in the Legislature may not allow for each bill on which the IGR Committee takes
a position to be fully vetted by the full City Council before some type of action on the bill needs
to occur.
If a position the IGR Committee has taken on a bill is not unanimous, the position on that bill
will be neutral until the full City Council weighs in and directs a position. The bill will then be
placed on the next available City Council agenda.
Although any bill that has been reviewed by the IGR Committee may be pulled for discussion at
the request of any councilor or the Mayor at the City Council meeting, as a matter of practice and
courtesy to the members of the Council who do not sit on the IGR Committee, any bill on which
the IGR Committee is not in unanimous agreement will be specifically noted.
The City Council can modify the position taken by the IGR Committee on a bill; the final
direction to staff on any bill comes from the City Council.
12. Process for Federal Lobbving Efforts
The IGR Committee and IGR staff address Federal lobbying priorities in concert with a number
of the City's local governmental partners.
The Federal priorities begin with a review of opportunities for funding in the next Federal budget
and goals that are specific to Eugene or the area. The IGR Committee meets and reviews the list
of potential priority projects. Potential projects should be those projects which have already gone
through the proper authorization channels and are "shovel ready" projects. Once the IGR
Committee reviews the list of potential projects, the Committee develops a list ofproject goals
that are considered to be achievable.
After the proposed goals have been vetted by staff, United Front partners, and other community
partners, and the IGR Committee, the priorities list is then presented to the full City Council for
review and approval.
The final list becomes part of the "United Front" agenda which is presented to the area's
congressional representatives, executive department staff, and other potential funding sources in
Washington, D.C. The attendees on the lobbying trips typically include the Mayor, chair of the
IGR Committee, and appropriate City staff.
13. Grants and Funding Applications
The IGR Committee acts on staff recommendations for grant and other funding applications from
outside agencies such as governmental or private entities. This process is intended to help avoid
situations in which City departments may inadvertently be competing with each other for
funding, and to allow the IGR Committee and City Council to review staff plans for expenditures
Eugene City Council Operating Agreements - February 25, 2008
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of grant funds.
City staff interested in seeking funding prepares a written overview of the funding application for
review by the IGR Committee at its next regularly scheduled meeting.
If timing is critical and there is no IGR Committee meeting scheduled, the Committee may give
its approval via e-mail. IGR staff will keep full and complete records of the documents related to
the request for funding, the electronic notification of the request to review and the disposition of
the request.
In all cases the IGR Committee and City Council have authority to direct that an application not
go forward or if it has already been submitted, that it be withdrawn.
14. Resolution 4908
On April 18, 2007, the City Council adopted Resolution No. 4908, "A Resolution Establishing
Policy Governing City Testimony and Funding Requests, and Repealing Resolution No. 4139".
This speaks to the issue of testimony before legislative bodies, funding requests and the role of
the Council in setting legislative policy. This Resolution is incorporated into this document as
Attachment A.
15. City Council Operating Agreements
The operating agreements of the IGR Committee are to be incorporated into the Operating
Agreements of the Eugene City Council. As the IGR Committee is a subset of the City Council,
any and all process and operating agreements supersede this document. All process and
operating agreements of the City Council, by extension and when relevant apply to the IGR
Committee.
Attachment A: City of Eugene Resolution 4908.
Eugene City Council Operating Agreements - February 25, 2008
Page 18 of20
Attachment A
RESOLUTION NOt "'08
ARESOLVTION ESTABLISHING POLICY GOVERNING
CITY TESTIMOl''Y AND FUNDING REQUESTS, AND
REPEALINGRESOL UTI ON NO.4] 39.
The City Council of tae City of ElIgell>e finds Ch.t:
A.. Under the Eugene Charter~ it is the exclusive role oftheCity Coonctlto set
leiislativepohcy for the City,
B. On. September 13, 1989 the City C-OuncU adopted Resolution No. 4139
cstabl ishing poticy gO'f'eming testimony and funding requests by City represef.ltatives.
c.
repealed~
The City Counc,iI has determinoo that Section 1 of Resolution No, 4139 should be
D. The CUI,m-cil flnd$lhat Resolution No, 4139 should be repealed in its entirety, and
its provisions, other than Section 7. be readopterl as heretnafl:er set forth as City policy governing
testimonybef'ore the Fooeral government, the Legislative Assembly of the State oJ Oregon or its
committees, State agcneics, or municipal corporations, and submiss.ion of funding requests to
such entities. As u~ herein, in addition to the Co~ of the United Statcs~ references to
'''Federal go\'cmmentf' includes all corn.mitteesr commissioos~ departments, agendes~ bureaus,
and, governmental divisions or i1;\.,<;trnmenUilities of the U".t~ St.le5.
lNO\V, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF EUGENE, a
Municipal Corporatioll of the Stattof O"lon, a5 folloW$:
Section t. Based uponlhe abo'fC findings, which are adopted herein. Resolution No.
4139. adopted by the Council on September 13. 1989. and any other Resolution in conflict
h~'ith is hereby repealed as of theetTective date of this Resolution, and City policy goycrning
testimony and funding requests is estabUmed as hereinafter set forth.
SertloB 2. Any employee or agent of the City, the Mayor or any member of the City
('\'iundt Of any City board or commission desiring to testify in hisOT her official capacity on
legislative or regulatory matt~s before the State Legislative Asttembl)'. State agencies, municipal
>corporations. or the Federal government, or desiring to $Ubmit funding requests for municiP'l1
activities thereto Of to any private foundation, shallpresenl the essen.ce of the testimony or
funding request to the Council for priorapprovaJ. modifwation. or dis;approval.
SectlQn3. No cmployc:c, agent Qt officer of" the City shall testify <<.ll't legildative or
regulator)' matt.ersbefofe a governmental entit)' Of request funding from a public or private
source 111: his or her otlicial capacitycontmry to the adopted policies ofthe Council. The Mayor.
members of" the City Council. and members of City boards or commission.sshall not make a
Resolution M t
Eugene City Council Operating Agreements - February 25, 2008
Page 19 of 20
funding req;u.est contrary to the adopted policies of the Council. No such person shall testify
contrary to adopted policies of the COW1eil unless prior to the presentation the speaker submits to
t~ governmental entity a written statement of the Cit)"s; pogitiol1 and orally a.cknowledg.es
before speuking that the testimony will be contrary to the Cityt sposition. Swnrrwies of aU
testimony delivered under this section shaH be provided to the Council. Each summary shaH
Include a description of the time, place and group before which the statement was made.
SHtlo&L In the event time pressures 00 not permit the Counell to consid.er the
testimony before the inteooed time of presentation by a representative {,')fa City board or
commission, the person may speak for the board or conunissioot but must explain tbal. the
Council hM not ronsiderod the issue. Summaries of aU testimony under this section shall be
provided. to the CounciL
S~ti()n 5. Any officcr..employee ot'ag.ent of the City, the Mayor)OT It member of the
Council or Ii City ooard or commission may take a positiou before or request funding from
administrative staff of State agencies~ municipal corporations. the Federal government. or private
foundations without prior approval of the Council't but must declare that consideration and
approval of the CQuncil has: not been obtained if that is the case. This declaration need not be
given if the position Qr fUnding requC$t presented represents application of previously adopted
Council policies wilhrespect to tbe iS$ue being considered-
Seetiod 6. lethe City Manager. or his or her designee detcnnitle$ it is important that the
City of Eugene speak Oll a legislativeimle or apply for available funds and the hearing schedule
or fundiug application. deadline does notpcnuit prior Council approval. tbe City Manager or his
or her designee is authorilbd to speak on behalf of the City of Eugene after COtL'Wltatlofi wHh the
Council Legislative Committee Chair. Summanesof all testimony d<eHvcred or fullding
applications submitted under this section shall be provided to the Council.
Setti(}lI ,. This Resoluti~n is not to be construed to abridge the rights of individuals to
testify in ChCtfOwn names,
S~ttlGlI 8. The provisions of this Resolution do not apply to testimony before an agency
or coun in a quasi..judicial or judicial proceeding.
Seetinn 9. Copies ot this Resolution shaUbe di.stributedto the departments.. boards and
conunissiorul oithe City of Eugene and~ as deemed appropriate by the City Manager, to the
Federal goYemment~ State Legislative A$$embly. State agencies, nu;micipal corporations, and
private foundations before presentatiofJ of teStimony or funding requests. The eit}, Manager is
directed to take arty other necessary administrative action to implement this Resolution,
Seed.,. 10. ThIS Resolution sb.al1 become effectivcimm.ediately uponiU:; adoption.
The foregoing R.esolution adopted tb.......e...:.........l.......8........th.................d... ay~. prO 2007.
~Vl~ .... . ..
. '.. CltyReeorder
Eugene City Council Operating Agreements - February 25, 2008
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