HomeMy WebLinkAboutResolution No. 4908
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COUNCIL RESOLUTION NO. 4908
A RESOLUTION ESTABLISHING POLICY
GOVERNING CITY TESTIMONY AND FUNDING
REQUESTS, AND REPEALING RESOLUTION NO.
4139.
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
RECUSED:
CONSIDERED: April 18, 2007
RESOLUTION NO. 4908
A RESOLUTION ESTABLISHING POLICY GOVERNING
CITY TESTIMONY AND FUNDING REQUESTS, AND
REPEALING RESOLUTION NO. 4139.
The City Council of the City of Eugene finds that:
A. Under the Eugene Charter, it is the exclusive role of the City Council to set
legislative policy for the City.
B. On September 13, 1989 the City Council adopted Resolution No. 4139
establishing policy governing testimony and funding requests by City representatives.
C.
repealed.
The City Council has determined that Section 7 of Resolution No. 4139 should be
D. The Council finds that Resolution No. 4139 should be repealed in its entirety, and
its provisions, other than Section 7, be readopted as hereinafter set forth as City policy governing
testimony before the Federal government, the Legislative Assembly of the State of Oregon or its
committees, State agencies, or municipal corporations, and submission of funding requests to
such entities. As used herein, in addition to the Congress of the United States, references to
"Federal government" includes all committees, commissions, departments, agencies, bureaus,
and governmental divisions or instrumentalities of the United States.
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 upon the above findings, which are adopted herein, Resolution No.
4139, adopted by the Council on September 13, 1989, and any other Resolution in conflict
herewith is hereby repealed as of the effective date of this Resolution, and City policy governing
testimony and funding requests is established as hereinafter set forth.
Section 2. Any employee or agent of the City, the Mayor or any member of the City
Councilor any City board or commission desiring to testify in his or her official capacity on
legislative or regulatory matters before the State Legislative Assembly, State agencies, municipal
corporations, or the Federal government, or desiring to submit funding requests for municipal
activities thereto or to any private foundation, shall present the essence of the testimony or
funding request to the Council for prior approval, modification, or disapproval.
Section 3. No employee, agent or officer of the City shall testify on legislative or
regulatory matters before a governmental entity or request funding from a public or private
source in his or her official capacity contrary to the adopted policies of the Council. The Mayor,
members of the City Council, and members of City boards or commissions shall not make a
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funding request contrary to the adopted policies of the Council. No such person shall testify
contrary to adopted policies of the Council unless prior to the presentation the speaker submits to
the governmental entity a written statement of the City's position and orally acknowledges
before speaking that the testimony will be contrary to the City's position. Summaries of all
testimony delivered under this section shall be provided to the Council. Each summary shall
include a description of the time, place and group before which the statement was made.
Section 4. In the event time pressures do not permit the Council to consider the
testimony before the intended time of presentation by a representative of a City board or
commission, the person may speak for the board or commission, but must explain that the
Council has not considered the issue. Summaries of all testimony under this section shall be
provided to the Council.
Section 5. Any officer, employee or agent of the City, the Mayor, or a member of the
Councilor a City board or commission may take a position before or request funding from
administrative staff of State agencies, municipal corporations, the Federal government, or private
foundations without prior approval of the Council, but must declare that consideration and
approval of the Council has not been obtained if that is the case. This declaration need not be
given if the position or funding request presented represents application of previously adopted
Council policies with respect to the issue being considered.
Section 6. If the City Manager, or his or her designee determines it is important that the
City of Eugene speak on a legislative issue or apply for available funds and the hearing schedule
or funding application deadline does not permit prior Council approval, the City Manager or his
or her designee is authorized to speak on behalf of the City of Eugene after consultation with the
Council Legislative Committee Chair. Summaries of all testimony delivered or funding
applications submitted under this section shall be provided to the Council.
Section 7. This Resolution is not to be construed to abridge the rights of individuals to
testify in their own names.
Section 8. The provisions of this Resolution do not apply to testimony before an agency
or court in a quasi-judicial or judicial proceeding.
Section 9. Copies of this Resolution shall be distributed to the departments, boards and
commissions of the City of Eugene and, as deemed appropriate by the City Manager, to the
Federal government, State Legislative Assembly, State agencies, municipal corporations, and
private foundations before presentation of testimony or funding requests. The City Manager is
directed to take any other necessary administrative action to implement this Resolution.
Section 10. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted th~~~
City Recorder
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