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HomeMy WebLinkAboutResolution No. 4739 RESOLUTION NO. 4739 A RESOLUTION AMENDING EUGENE CITY COUNCIL OPERATING AGREEMENTS AND REPEALING RESOLUTION NUMBER 4671. The City Council of the City of Eugene finds that: A. On June 14, 1999, Ordinance No. 20156 was adopted amending section 2.007 of the Eugene Code, 1971, concerning regular meetings and council ground rules. B. On April 12, 1999, the Eugene City Council Operating Agreements were adopted by Resolution No. 4588 and subsequently amended by Resolution No. 4590 on June 14, 1999. The Eugene City Council considered further amendments to the Operating Agreements on July 31, 2000. On September 25, 2000, the Operating Agreements were amended by Resolution 4645. On January 31, 2001 the Eugene City Council meeting revisions to the Operating Agreements were discussed and approved by a vote of the members. These amendments were formally adopted in Resolution Number 4663. On May 21, 2001, Resolution 4671 was adopted by the City Council to amend the Operating Agreements as requested by the City Council. C. Revisions have been requested the Operating Agreements and were agreed to by the City Council on August 14, 2002. It is necessary to approve the revisions in order that the Operating Agreements reflect the desire of the City Council. 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 Council amends the Eugene City Council Operating Agreements, referred to as ground rules in the Eugene Code, 1971, as set forth in Exhibit A attached hereto and incorporated herein. Section 2. Resolution No. 4671 and the Operating Agreements adopted therein are hereby repealed. The foregoing Resolution adopted the 9th day of September, 2002. %.b~t?~. Z7~ City Recorder Resolution EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 1. MEETING REQUIREMENTS The Eugene Charter and Eugene City Code, 1971 (E.C.) as well as State law govern many meeting requirements. 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 10:00 p.m. If those evenings fall on a holiday, the Council may schedule the meeting for the immediately following evening. The City Manager shall present the meeting schedule to the Council on a periodic basis. 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 12:00 p.m. and last for a maximum of 90 minutes. Except for extraordinary circumstances, the total time for staff and outside presentations on a single agenda item shall be no more that 15 minutes. 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 as practical. No Council meeting shall be held at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced. For this purpose, meetings do not include on-site inspections or councilor attendance at any national, regional, or state association to which the councilor belongs. 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 an actual emergency, 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). 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 30 minutes, unless a majority of Eugene City Council Operating Agreements - September 9,2002 Page 1 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 councilors present vote to extend the time. If made and seconded, 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 15 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 15 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 anything they wish during this time, 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. Speakers at the Public Forum will be limited to three minutes. Should there be more speakers than can be heard for three minutes each during the 30 minute Public Forum, the staff will sort the requests 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. At the end of the Public Forum each member of the Council has the option 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. 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 Manager. Persons wishing to speak shall submit a request-to- speak form prior to the commencement of the hearing at which the person wishes to 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 hislher 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 Eugene City Council Operating Agreements - September 9,2002 Page 2 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 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 may choose to comment on or discuss testimony given during the Public Hearing. Executive Session All meetings of the Eugene City Council shall be held in open session, except that some meetings may be closed for those purposes specified in Oregon state law (ORS 192.610 to 192.690). They include the employment and dismissal of public employees, the performance eVc;lluation 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. Minutes Written minutes shall be taken for all Council meetings in accordance with the Oregon Public Meetings Law. The minutes must give a true reflection of the matters discussed but need not be a full transcript 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. Voting 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. 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 (and a quorum still exists), the Council members present shall elect a temporary presiding officer. 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. Eugene City Council Operating Agreements - September 9,2002 Page 3 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 2. PLACING ITEMS ON COUNCIL AGENDA To request that an item be placed on the Council agenda, the following process shall be used: 1. Call the City Manager and explain the nature, scope and desired outcome of the item for the agenda. Alternatively, make the request during Council comments at a Council work session. Requests for the establishment of a formal Council agenda item shall be placed on the consent calendar as soon as is possible for consideration by the full Council. 2. The City Manager shall discuss, on a routine schedule, all requests with the Mayor. 3. The City Manager shall recommend monthly to the Council which items should be placed on the Council agenda. This recommendation shall be placed on the consent calendar at regular Council meetings (regular meetings are those meetings held on the second and fourth Mondays of each month in the Council Chamber.) If the recommendation contained in the consent calendar is approved, the items shall be brought before Council on a future agenda. If there are concerns about an item, the item may be pulled from the consent calendar at the request of any councilor or the Mayor. A vote shall occur to determine if the item should be included as future Council business. 4. 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 ten working days of distribution of the poll, a majority of the Council, respond in the affirmative, the item shall be placed on the Council agenda. A majority of the Council in this instance is five councilors or four councilors plus the mayor. 5. The projected agenda (called the Tentative Working Agenda) shall be included in the Council packet every week. 6. The City Manager and Mayor shall decide the date that items come before Council for work sessions and for regular meetings. The City Manager shall continue to place routine and standard items of Council business on the Council agenda, which is exempt from this process. Eugene City Council Operating Agreements - September 9,2002 Page 4 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 3. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 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. 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 pulled for separate consideration by any member of the Council. Revisions or corrections to meetings minutes shall be considered first, prior to other items pulled 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 two separate readings are required, cannot be placed on the consent calendar. 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. 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 twenty minutes, subj ect 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. The Council may, by a two thirds vote of those present at the meeting, vote to take action on the item for which the public hearing is being held at that same meeting. 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 (either via e-mail or in hand written form) 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 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. Eugene City Council Operating Agreements - September 9,2002 Page 5 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 6. COMMITTEES OF THE COUNCIL There are five standing committees to the Council, these are established in E.C. 2.013. These committees are advisory to the Council on policy matters. They are the Budget Committee, the Human Rights Commission, the Planning Commission, the Citizen Involvement Committee, and the Police Commission. The Code defines the membership, terms and appointment process for each of these standing committees to the Council. There is one standing committee of the Council, the Intergovernmental Relations Committee. 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. (E.C. 2.013 (3),(7)) All Council meetings or meetings of City boards, commissions, or their subcommittees shall be open to the public in accordance with the Oregon Public Meeting Law (ORS 192.610) and local ordinance and shall have at least 24 hours advance notice, as described in these ground rules. 7. CONDUCT AT MEETINGS 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. 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. Time limits may be set on topics. Eugene City Council Operating Agreements - September 9,2002 Page 6 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 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, always referred to as "The Mayor." During public meetings, councilors generally should not attempt to edit or rewrite prepared ordinances because of the potential impact on other issues--amendments to an ordinance may, however, be appropriate. Generally, councilors should give direction to staff to bring back amended ordinances for Council consideration. 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 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. (E.C. 2.015(10)) 8. COUNCILOR REQUEST FOR STAFF ASSISTANCE 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. 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. Councilors who agree that staff time can be spent on a particular item shall not be bound to support the issue when it comes before the Council for a vote. 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 getting "lost." 9. REPRESENTING CITY POSITIONS AND PERSONAL POSITIONS Written Communications from City Councilors In written communication with other officials or groups and in letters for publication, such as "to the editor," 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 Eugene City Council Operating Agreements - September 9,2002 Page 7 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 reinforce or explain, it is useful to circulate a copy to the Council for comment before the letter is mailed. Letters to other affected 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 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 (I or we) shall be left to the discretion of the councilor. The governing principle is to advise the Councilor staff when expressing a City position, and to make differences clear when speaking as an individual. State/Federal Lobbying The effectiveness of City lobbying in Salem or in Washington depends on the clarity of the City's voice. When councilors represent the City in a lobbying situation, it is appropriate that the councilors 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 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 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. Attending Conferences, Other Meetings Councilors are encouraged to attend conferences and training sessions which would enhance their skills and knowledge. Any councilor may attend any meeting at which the Council is represented, but only the official Council representative, not the attending councilor, has the right to vote. Councilors should not state that they are representing the Council, unless one of them has been asked by the Council to be its representative on an issue. When councilors attend meetings of organizations such as the League of Oregon Cities or the National League of Cities and their boards and committees, they do so as individual elected officials and shall be free to express their individual views. If the City Council has an adopted policy relating to an issue under discussion, the councilor is expected to report that fact. 10. COUNCILOR EXPENSES Under the provisions of the City Charter, the City may pay councilor expenses that are directly related to City business. It is each councilor'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 Manager and the councilor cannot resolve the Eugene City Council Operating Agreements - September 9,2002 Page 8 of 11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 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. Out-of-Town Expenses Out-of-town expenses include those incurred while attending City-related conventions, 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. 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 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. 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. Spouse/Guest Expenses The City shall reimburse councilors for spouse expenses at local events when the councilors and spouses are jointly invited and the councilors are serving in their official capacity (i.e., a recognition dinner). The City does not otherwise reimburse councilors for expenses incurred by their spouses. If councilors wish to have spouses accompany them while attending out-of-town events, the City shall make reservations and have travel and lodging expenses billed directly to the City. Councilors 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.) Petty Cash Expenses under $50 can usually be reimbursed out of the petty cash fund in the City Manager's Office. Eugene City Council Operating Agreements - September 9,2002 Page 9 of 11 Exhibit to Resolution Number 4739 Travel Guidelines Prior notification of out-of-town travel shall be given to the contact person 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. EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 While at a conference, councilors 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. 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. 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 REPORTING REQUIREMENTS 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. 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 shall be alphabetically (according to last name) assigned seats. Each person moves one seat toward the outside; those on the outside move to the innermost seats on Eugene City Council Operating Agreements. September 9,2002 Page 10 of11 Exhibit to Resolution Number 4739 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4739 Approved on September 9 , 2002 the opposite side. This system allows councilors the opportunity to regularly change seats throughout a four-year term. JANUARY President Councilor A Councilor C Councilor E APRIL President Councilor F Councilor A Councilor C SEPTEMBER President Councilor D Councilor F Councilor A Mayor Vice President Councilor B Councilor D Councilor F Mayor Vice President Councilor E Councilor B Councilor D Mayor Vice President Councilor C Councilor E Councilor B Eugene City Council Operating Agreements - September 9,2002 Page 11 of 11 Exhibit to Resolution Number 4739