HomeMy WebLinkAboutAgenda Packet 1-13-20 Work SessionJanuary 13, 2020, Work Session
EUGENE CITY COUNCIL AGENDA
January 13, 2020
5:30 p.m. CITY COUNCIL WORK SESSION Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
Meeting of January 13, 2020;
Her Honor Mayor Lucy Vinis Presiding
Councilors Betty Taylor, President Emily Semple, Vice President Mike Clark Greg Evans Chris Pryor Claire Syrett Jennifer Yeh Alan Zelenka
5:30 p.m. CITY COUNCIL WORK SESSION
1. Committee Reports and Items of Interest
2. WORK SESSION: City Council Process Session
For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana.
For more information, contact the Council Coordinator at 541-682-5010 or visit us online at www.eugene-or.gov.
January 13, 2019, Work Session – Item 2
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: City Council Process Session Meeting Date: January 13, 2020 Agenda Item Number: 2 Department: Central Services Staff Contact: Beth Forrest
www.eugene-or.gov Contact Telephone Number: 541-682-5882
ISSUE STATEMENT This is a work session to discuss and consider changes to several City Council processes and policies: 1) agenda materials schedule; 2) City of Eugene Naming Policy; 3) order of council agenda items; 4) Council Operating Agreement updates; and 5) Public Forum.
BACKGROUND
Agenda Materials Schedule In February 2019, in response to councilor concerns that more time was needed to review agenda materials, staff began piloting a schedule for delivering agendas two weeks prior to the meeting. During this trial period, several impacts or challenges were noted, including:
Emerging or latest information not always available when agenda production occurs, resulting in numerous amended agendas and/or piecemeal delivery of agenda components.
Challenging to communicate timelines for agenda availability to the public who are seeking agenda materials Options: 1. Maintain two-week schedule – This option acknowledges that some agenda materials may not be ready by the two-week delivery date and components of the agenda packets may be distributed at different times. 2. Return to one-week schedule Both options acknowledge a continued commitment by staff to reach out to the mayor and councilors on complicated issues and provide for early release of electronic agenda materials whenever possible.
Council action requested: Provide direction to continue with two-week schedule, return to one-week
schedule, or consider other options. Possible Motions Move to maintain a two-week agenda delivery schedule.
OR Move to return to a one-week agenda delivery schedule.
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January 13, 2019, Work Session – Item 2
Naming Policy The City of Eugene Naming Policy was adopted by council in 2010. The policy outlines the process for council consideration of naming requests and incorporates existing naming policies, including the Library’s Named Gift Opportunities and Parks and Open Space Naming Policy for Park Lands and Features. In recent years, councilors have expressed a desire to revisit the policy and consider changes that would require a more robust vetting process for naming or renaming requests, particularly for higher-profile community amenities. Equity considerations were raised as an area deserving greater attention in the naming or renaming process.
Council action requested: None; a work session to review and consider changes to the Naming Policy
has been scheduled for February 26.
Order of Council Agenda Items With the ongoing impacts of well-attended Public Forums and the high demand for work session time, the council may consider whether to amend their Operating Agreements to change when certain items are scheduled. Traditionally, the agenda follows a schedule that places Public Forum at the beginning of each regular meeting, followed by Consent Calendar, then action items. Committee Reports and Items of Interest is typically scheduled as the first 5:30 p.m. work session item, but is often bumped to accommodate emerging items. Additionally, when resolutions or important motions are introduced during “Items of Interest,” it can result in significantly abbreviating the time for scheduled work session topics or postponing them altogether. Options 1. Schedule Committee Reports and Items of Interest as first item on 7:30 p.m. agenda (before Public Forum). 2. Move Consent Calendar to precede Public Forum. Items that warrant council discussion or that may generate public comment can be pulled for action after the Public Forum. 3. Maintain current schedule.
Council action requested: Provide direction on the above or other options. Possible Motion Move to pilot a change to the order of agenda items, scheduling Committee Reports and Items of Interest as well as the Consent Calendar before the Public Forum at regular council meetings.
City Council Operating Agreements Updates The City Council Operating Agreements is the document that guides how City Council conducts its business. Occasionally, amendments are made to the document to reflect current practices and council’s desire to update processes.
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January 13, 2019, Work Session – Item 2
Staff proposes the following changes: Section 1.02 Work Sessions – Section updated to reflect current practice of conducting noon work sessions on the second, third, fourth, and fifth Wednesdays of the month and scheduling additional 5:30 p.m. work sessions on the third Mondays of the month, as needed. Section 1.05 Public Forum – Fourth paragraph updated to reflect the presiding official’s prerogative to reduce testimony time when the number of speakers warrants such a reduction. Also, stipulation added that speakers must be present to submit Request-To-Speak form.
Section 3.06 Action Items – Add new section to state that “In general, action on ordinances and councilor-introduced resolutions or motions shall be placed on regular City Council meeting agendas and shall be scheduled after Public Forum.
Section 7.02 Other Meeting Guidelines – Fourth paragraph related to intended motions revised to clarify that every effort should be made to contact other members of the council to inform them of the intent and the text of the motion “at least 24 hours in advance of the meeting.” Section 10.03 Local Expenses – Section updated to reflect current rate for bicycle mileage reimbursement ($.26/mile as of July 2019). Section 10.04 Spouse/Guest Expenses - Section updated to replace all references to “spouse” with “partner.”
Council action requested: Direction to prepare a resolution adopting the proposed amendments to
the Operating Agreements or provide other direction. Possible Motion Move to direct the City Manager to return with a resolution adopting the proposed amendments to the City Council Operating Agreements.
Improving the Effectiveness of Public Forum Staff will facilitate a discussion of input received from councilors during two-on-one sessions with council support staff.
Council action requested: Provide direction to staff on any changes to the Public Forum process
and/or further discussion needed to achieve objective of improving Public Forum for all involved. Possible Motion Move to change to a two-minute time limit for Public Forum testimony.
PREVIOUS COUNCIL DIRECTION None.
ATTACHMENTS A. Council Operating Agreements with proposed revisions in legislative format B. Your Opinion Counts brochure
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January 13, 2019, Work Session – Item 2
FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov Staff Contact: Jason Dedrick Telephone: 541-682-5033 Staff E-Mail: jdedrick@eugene-or.gov
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EUGENE CITY COUNCIL OPERATING AGREEMENTS
RESOLUTION NUMBER 5205
ADOPTED SEPTEMBER 11, 2017
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 MeetingsRegular meetings of the Eugene City Council (the Council) shall be on the second and fourthMondays of each month. These meetings shall begin at 7:30 p.m. and shall end at 10 p.m., orwhen the agenda item considered by the Council at 10 p.m. is concluded. If those days areon a legal or religious holiday, the Council may schedule the meeting for the dayimmediately 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 at noon on the second, third, fourth, and fifth Wednesdays of the month and at 5:30 p.m. on the third Monday 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 City 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).
ATTACHMENT A
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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. By council majority vote, time-sensitive issues may be moved up in the agenda order. Persons wishing to speak at the Public Forum must sign up to do so not later than five minutes after the Public Forum has been opened 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 five 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 unless the number of
speakers warrants a reduction of that time. Generally, the speakers will be called upon in the order in which the “Request to Speak” forms are received by 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 and speakers must be present when form is submitted. 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 generally be held on the third Monday of the month, except for those months during which a Council break and shall be held 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 speak. The Mayor or presiding officer shall inform the audience of this requirement to sign up prior to the commencement of a public hearing. In general, 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.
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1.07 Executive Session All meetings of the Council shall be held in open session, except those meetings that may be closed for purposes specified in the Oregon Attorney General’s Public Records and Meetings Manual (ORS 192.610 to 192.690). These include the employment or dismissal of public employees, performance evaluation of the council’s employees, 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 City 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, a councilor 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 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 City 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.
January 13, 2019, Work Session – Item 2Page 9
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 “Items from Mayor and City Council” at a City 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 two weeks of distribution of the poll, with an individualized reminder at five working days, a majority of the Council responds in the affirmative, the item shall be placed on the Council agenda within one week. A majority 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.
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 Pledge of Allegiance to the Flag The Eugene City Council shall begin its formal council meetings with a voluntary recitation of the Pledge of Allegiance at those council meetings closest to the following holidays: Memorial Day, Veterans Day, Flag Day, and the Fourth of July.
At the council meeting closest to the Fourth of July, the ceremony will also include readings from the Declaration of Independence and/or United States Constitution.
January 13, 2019, Work Session – Item 2Page 10
3.02 Ceremonial Matters At the first regular meeting of each month, the first agenda item shall be used to acknowledge special recognition or awards given to the City of Eugene or for the Mayor to read 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.
3.03 Consent Calendar At regular City 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. In general, ordinances, because of charter requirements, should not to be placed on the Consent Calendar.
3.04 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.
3.05 Committee Reports and Items from Mayor, City Council and City Manager At work sessions held on the second and fourth Mondays of each month, the first item on the agenda shall be “Committee Reports and Items of Interest from Mayor, City Council and City Manager.” This portion of the agenda provides an opportunity for the Mayor and councilors to raise issues, present ad hoc motions, introduce resolutions and report on committee activities and actions. The time allotted for “Items” is subject to change to accommodate emerging issues.
3.06 Action Items
In general, action on ordinances and councilor-introduced resolutions or motions
shall be placed on regular City Council meeting agendas and shall be scheduled after
Public Forum.
4.COUNCIL ACTION ON AGENDA ITEMSAs a guideline, action on issues for which a public hearing has occurred shall not be takenat the same meeting at which the public hearing is held. In the case of an ordinance, thecharter requires that an ordinance shall not be adopted by the Council unless it has beenconsidered by the Council during at least two meetings. With the unanimous consent of theCouncil, the Council may consider and enact an ordinance at a single meeting if the Councildoes not amend the ordinance in a manner that modifies its substantive effect (Charter,Section 28 (3)).
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5.POSTPONING AGENDA ITEMSAny councilor may request that an item be postponed to another meeting if he/she isunable 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 theManager’s designated staff member. A request to postpone may be made for either a worksession item or a vote on an agenda item. The request to postpone shall be honored unlessa majority of councilors present determines that the matter needs to be acted upon at thatmeeting.
6.COMMITTEES OF THE COUNCIL
6.01 Creation of CommitteesWhile the City Code governs appointments to certain committees, the code grants broadgeneral powers to the Mayor and City Council to create subcommittees or special ad hoccommittees of the Council. The Mayor shall nominate and the Council shall appoint themembers of any committee established by the Council unless a different procedure isspecified at the time the committee is established. The charge to the committee shall beclearly stated at the time the committee is established, and the committee shall disbandwhen its work is complete. Committees may be composed of councilors, interested citizensor both.
6.02 Standing Committees of the Council There is one standing committee of the Council: Intergovernmental Relations Committee.
6.03 Standing Advisory Bodies to the Council There are seven standing advisory bodies to the City Council. These are created in the Eugene Code and Charter and exist to provide advice on policy matters. They are: 1) Budget Committee; 2) Planning Commission; 3) Police Commission; 4) Human Rights Commission; 5) Sustainability Commission; 6) Civilian Review Board; and 7) Toxics Board.
7.CONDUCT AT MEETINGS
7.01 Roberts Rules of OrderConduct at City Council meetings and committee meetings is governed by Robert’s Rules ofOrder, Revised. The Council has the obligation to be clear and simple in its procedures andin its consideration of the questions coming before it. Council members shall avoidinvoking the finer points of parliamentary rules which may serve only to obscure theissues.
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 January 13, 2019, Work Session – Item 2Page 12
bogged down. Time limits may be set on topics. When councilors speak to each other during public meetings, last names shall be used during regular meetings, but first names may be used during work sessions. The Mayor is, however, always referred to as “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 made to contact other members of the Council to inform them of the intent and the text of the motion at least 24 hours in
advance of the meeting. City Council support staff should be provided with the same information and may be asked to assist in the notification process. The Mayor and Council will be limited to commenting only on the main motion prior to discussing any proposed amendments. If 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. Comment times for the Mayor and councilors at City Council meetings or work sessions shall be generally limited to no more than three minutes. At the discretion of the Mayor or presiding officer, second and subsequent rounds may be limited further to ensure that everyone has an opportunity to be heard in the time allotted for the item.
7.03 Public Conduct The rules of conduct for members of the public shall generally be the same as for the Council. City Code prohibits any person from bringing flags, signs, posters, and placards to a City Council meeting 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 RuleInitiatives requiring 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 theCity Manager.
8.02 Major Request A councilor who desires major policy, ordinance research, or other staff assistance should first raise the issue at a City 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 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.
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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 he/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 Council or 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 if he or she has been formally directed by the City Council to do so. 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 City 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 January 13, 2019, Work Session – Item 2Page 14
identified as such, but when voting or considering matters with policy implications or budgetary considerations, the representative must follow adopted City or City 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 is an important avenue 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, provided 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 City 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, 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 $.26 per mile as of July 1, 2019, and shall be January 13, 2019, Work Session – Item 2Page 15
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 Partner/Guest Expenses The City shall reimburse councilors or the Mayor for spouse partner expenses at local events when the councilors or the Mayor and spouse partner 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
partners. If councilors or the Mayor wish to have their spouse partner 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 partner’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 partner, 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 City 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.
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.
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11.ETHICS
11.01 Reporting Requirements in ORSIn accordance with ORS 244.050, the Mayor and all councilors holding office on April 15shall be required to file an Annual Verified Statement of Economic Interest with the OregonGovernment Standards and Practices Commission on or before that date. The report mustbe filed on the form prescribed by ORS 244.060. Each year the form shall be sent directly tothe elected official by the Commission and should be returned directly to the Commissionin Salem. Failure to submit the form by the April 15 deadline may result in the impositionof 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.MEETING AND WORK SESSION SEATING ASSIGNMENTSThe Council shall be assigned seats in January, following the election of the Councilpresident and vice president. The Mayor is always seated at the center position with theCouncil president seated at the Mayor's right and the Council vice president seated at theMayor’s left.The remaining councilors shall be assigned seats in alphabetical order by last name. When the Council returns after each Council break, each person moves one seat toward the outside and to the opposite side of the table or dais; those in the outermost seats 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. JANUARY Mayor President Vice President Councilor A1 Councilor B2 Councilor C3 Councilor D4 Councilor E5 Councilor F6 APRIL Mayor President Vice President Councilor F6 Councilor E5 Councilor B2 Councilor A1 Councilor D4 Councilor C3 SEPTEMBER Mayor President Vice President Councilor C3 Councilor D4 Councilor E5 Councilor F6 Councilor A1 Councilor B2
January 13, 2019, Work Session – Item 2Page 17
CITY COUNCIL COMMITTEE ON INTERGOVERNMENTAL RELATIONS
OPERATING AGREEMENTS
ADOPTED BY THE CITY COUNCIL ON JANUARY 28, 2008
1.Purpose of Council Committee on Intergovernmental RelationsThe Council Committee on Intergovernmental Relations (IGR Committee) exists to makerecommendations to the City Council on State and Federal legislative issues and on Cityapplications for funding from outside agencies. At this time, it is the only standingcommittee of the City Council.2.MembershipThe 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 ChairThe IGR Committee shall elect a chair of the committee at the first regularly scheduledmeeting after the Mayor has appointed the members to the IGR Committee.4.Conducting the Business of MeetingIGR Committee meetings are governed by Roberts Rules of Order, Revised. Like the CityCouncil, the IGR Committee has the obligation to be clear and simple in its procedures andin its consideration of the questions coming before it.5.MeetingsThe IGR Committee meets as needed and generally meets more frequently when theOregon Legislature is in session. Meetings of the IGR Committee are subject to therequirements of Oregon Public Meetings Law, ORS 192.620. The meetings shall be heldwithin 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. 6.QuorumTwo members of the IGR Committee constitute a quorum for the transaction of Committeebusiness. 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 Committeeduring that meeting.
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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. 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 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. January 13, 2019, Work Session – Item 2Page 19
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 staff’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 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
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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 afterall applicable staff has commented on the bill.
The IGR Committee meets and reviews all bills on the IGR Committee agenda andmay 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 discussionwill 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 ispulled for discussion, the IGR Committee may keep or change the staffrecommendation. 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 neednot 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 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 CouncilTime demands in the Legislature may not allow for each bill on which the IGR Committeetakes a position to be fully vetted by the full City Council before some type of action on thebill needs to occur.
January 13, 2019, Work Session – Item 2Page 21
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 Lobbying EffortsThe IGR Committee and IGR staff address Federal lobbying priorities in concert with anumber 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 of project 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 ApplicationsThe IGR Committee acts on staff recommendations for grant and other funding applicationsfrom outside agencies such as governmental or private entities. This process is intended tohelp avoid situations in which City departments may inadvertently be competing with eachother for funding, and to allow the IGR Committee and City Council to review staff plans forexpenditures 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.
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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.
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Attachment A
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“Never doubt that a small group of thoughtful
committed citizens can change the world; indeed,
it’s the only thing that ever has.”
~ Margaret Mead
A guide to
providing
public testimony
Additional questions?
For more information about
Eugene’s city government, please call the
City Manager’s Office at 541-682-5010.
“The stakes . . . are too high for government
to be a spectator sport.”
~ Congresswoman Barbara Jordan
City Council Meeting Code of Conduct
•Direct all testimony to the Mayor and City Council.
•No disruptive or disrespectful language or noises
allowed.
•No audible displays of agreement or disagreement
allowed. Behavior or actions that are unreasonably
loud or disruptive, including refusal to obey an
order of the presiding officer, shall be cause for
removal from City Council meetings.
a No clapping, cheering, whistling or booing
a “Show of hands” in support encouraged
•No bags, briefcases or backpacks allowed on the
podium or testimony table.
•Flags, signs, posters, and placards are prohibited
unless authorized by the presiding officer.
Armbands, emblems, badges, and other articles
worn on personal clothing, so long as they do not
extend from the body in such a way as to cause
injury to another are allowed.
•Aisles shall be kept clear at all times.
Your
Opinion
Counts
The Public Forum is an opportunity for citizens
to express opinions, raise issues, and provide
information to the City Council.
In order to maintain a safe and respectful
environment for the expression of all points of view,
the following Code of Conduct rules will be enforced.
Are there other ways to communicate
with the Mayor and City Council?
You can contact your City Councilor or the Mayor
by telephone, mail or email. For individual
contact information, call 541- 682-5010 or visit
www.eugene-or.gov/citycouncil.
If you are unable to attend a council meeting or
are uncomfortable speaking in public, you may
submit written testimony to the City Manager’s
Office via email, U.S. mail, or in person.
City Manager’s Office
125 E. 8th Avenue, 2nd floor
Eugene, Oregon 97401
mayorcouncilandcitymanager@eugene-or.gov
Most City Council meetings are broadcast live
on Metro TV, cable channel 21, and are replayed
periodically during the week. Webcasts of current
and past city council meetings are available for
viewing at www.eugene-or.gov/ccwebcast.
ATTACHMENT B
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• Identify yourself at the microphone – Provide
your name and ward number, if known. If
you are the spokesperson for a group or
part of a group providing testimony, identify
the group or organization. Briefly describe the
group’s mission and note how many members
you represent if it will help the council to
understand your perspective.
• Offer your own experience – Try not to repeat
what has already been stated, but rather build
upon it. State whether you agree or disagree,
then provide additional relevant information.
• Request action – State exactly what you would
like the City Council to do as a result of your
testimony.
• Offer solutions – Whether stating a specific or
general approach to an issue, creative
solutions or feasible alternatives are always
well-received and appreciated.
“Alone we can do so little;
together we can do so much.”
~ Helen Keller Submitting Materials or Testimony
• Written testimony and other documentation
received at the time of the City Council
meeting or during the meeting will not be
distributed at the meeting. Do not approach
the dais to deliver testimony.
• Place written materials in the basket on the
testimony table.
• All submitted materials will be gathered
and delivered to the Mayor and councilors
on Thursday, along with other weekly packet
information. Submitted material will also be
posted to the web.
• Written testimony may be delivered to
the City Manager’s Office, 125 East 8th
Avenue, 2nd floor, by no later than 5 p.m. on
Wednesday for inclusion in the Thursday
packet. Materials delivered past the deadline
will be included in the following week’s
packet.
• City staff will prepare copies of testimony
that is fewer than five pages. For materials
that exceed five pages, please provide 12
copies.
• Testimony submitted anonymously will not be
distributed to the Mayor and City Council but
will be kept in the record copy.
Public Forums and
Public Hearings
Public forums are held during regular City Council
meetings, which occur at 7:30 p.m. on the second
and fourth Mondays of each month. The public
forum is an opportunity to raise or offer testimony
on any issue, providing that issue is not scheduled
for a public hearing at the same meeting or is the
subject of a quasi-judicial proceeding that has
closed its record.
Public hearings are usually held at 7:30 p.m. on
the third Monday of each month. A public hearing
is an opportunity for comment on a specific issue
that is on the City Council agenda for that meeting.
During a public hearing, only testimony on the
specific agenda topic may be offered.
How do I sign up to speak during a
public forum or public hearing?
To address the council during a public forum or
public hearing, you must fill out a “Request to
Speak” form. This form is used to announce the
order of speakers and to correctly enter your name
into the public record. City staff may also use the
form to contact you with follow-up information.
Submission of a Request to Speak form indicates
your agreement to abide by the Code of Conduct.
Forms are located at the information table in the
lobby outside of he meeting room.
There are risks and costs to a program of
action. But they are far less than the
long-range risks and costs of
comfortable inaction.
- John F. Kennedy
Democracy is the government
of the people, by the people,
for the people.”
- Abraham Lincoln
• Arrive early – “Request to Speak” forms must
be turned in prior to the start of the public
hearing or public comment period. Sign-ups
begin 30 minutes prior to the start of the
meeting. You must be present to submit a
Request to Speak form.
Tips for Effective Public Testimony
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