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HomeMy WebLinkAboutResolution No. 5387RESOLUTION NO. 5387 A RESOLUTION AMENDING EUGENE CITY COUNCIL OPERATING AGREEMENTS AND REPEALING RESOLUTION NO. 5381. The City Council of the City of Eugene finds that: A. Section 2.007 of the E ugene Code (EC), 1971, contains provisions regarding Council meetings and provides that the Council shall adopt Council groundrules. B. In accordance with EC 2.007, on April 12 , 1999, the Council adopted as its groundrules the Eugene City Council Operating Agreements ("Operating Agreements") by Resolution No. 4588. Council has subsequently amended the Operating Agreements several times, most recently by Resolution No. 5381 on September 11, 2023. C. On September 27, 2023, the Council discussed additional proposed amendments to the Operating Agreements. The Operating Agreements attached as Exhibit A to this Resolution include revisions to sections 1.06 (Public Hearings) and 2.01 (Contact the City Manager), as well as the following changes to the City Council Committee on Intergovernmental Relations Operating Agreements incorporated into the City Council Operating Agreements by Resolution No. 5381 (IGR Agreements): amendments to sections 1 (Purpose of Council Committee on Intergovernmental Relations), 8 (Process for Sessions of the Oregon Legislature), 9 (Process for Introducing Legislation), 10 (Process for Review and Prioritization of Legislation), 11 (Voting on Bills), and 14 (Grants and Funding Applications); renumbering of sections 12 , 13 , 14, and 15 as 13 , 14, 15, and 16; creation ofa new section 12 (Communicating with City Council); and attachment of Resolution No. 5081 as Attachment A to the IGR Agreements. 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. Pursuant to Section 1.007 of the Eugene Code, 1971, and based on the above findings, the Eugene City Council Operating Agreements are amended and adopted as set forth in Exhibit A to this Resolution. Section 2. Resolution No. 5381 and the Operating Agreements adopted by that Resolution are repealed as of the effective date of this Resolution. The foregoing Resolution adopted the 23rd day of October, 2023. Resolution -Page 1 of 1 INTRODUCTION EUGENE CITY COUNCIL OPERATING AGREEMENTS RESOLUTION NUMBER 5387 ADOPTED OCTOBER 23, 2023 Exhibit A The Municipal Charter of the City of Eugene (Charter) and Eugene City Code, 1971 (E.C.), as well as the Oregon Revised Statues (ORS) law govern many meeting requirements and actions of the Council. The Eugene Charter, Chapter 2 of the Eugene City Code, and various sections of ORS 192 and 244 are primary sources of these meeting and other operating requirements. 1. MEETING REQUIREMENTS 1.01 Time of Meetings Regular meetings of the Eugene City Council (the Council) shall be on the second and fourth Mondays of each month. These meetings shall begin at 7:30 p.m. and shall end at 10 p.m., or when the agenda item considered by the Council at 10 p.m. is concluded. If those days are on a legal or religious holiday, the Council may schedule the meeting for the day immediately following. 1.02 Work Sessions The Council may meet in work sessions beginning at 5:30 p.m. prior to its regular Monday meetings. Other work sessions may be held on the second, third, fourth, and fifth Wednesdays of the month. These work sessions shall start at noon and generally last for a maximum of 90 minutes. Additional work sessions will be scheduled on the third Monday of the month, as needed, following or in lieu of a public hearing. 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). Page 1 Exhibit A 1.05 Public Forum A public comment period generally shall be the fourth item of every regular meeting of the Eugene City Council, following Committee Reports and Items of Interest, Priority Goal Actions, and Consent Calendar 1. By council majority vote, time-sensitive issues may be moved up in the agenda order. Persons wishing to speak must sign up to do so not later than five minutes after the meeting 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. 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 two-and-a-half minutes and the Public Forum will be limited to 90 minutes total. Request-to-Speak forms will be shuffled so that speakers are called in random order. No persons will be allowed to submit a "Request to Speak" form more than 30 minutes prior to the start of the meeting. 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 occurs 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 and presentations from standing advisory bodies to the Council may be scheduled at the discretion of the Mayor and the City Manager. Persons wishing to speak shall submit a "Request to Speak" form not later than five minutes after the commencement of the meeting 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 two-and-a- half minutes and called in a random order. 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 Page 2 Exhibit A testimony given during the Public Hearing. 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. Page 3 Exhibit A 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 meeting. 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 or consideration of a resolution, 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, four Councilors respond in the affirmative, the item shall be placed on a future Council agenda within a reasonable time. Work session polls will generally include the work session topic and related Council goal or priority issues and questions to be addressed and intended outcomes. 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. 3.02 Ceremonial Matters Page 4 Exhibit A 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 Committee Reports and Items from Mayor, City Council and City Manager At regular meetings held on the second and fourth Mondays of each month, the first item on the agenda or following Ceremonial Matters and the Pledge of Allegiance, 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, councilors and City Manager 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. 3.04 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 1 for Council's consideration prior to the Public Forum. Annexations and similar land use action items shall be placed on Consent Calendar 2 for Council's consideration after the Public Forum. Any item on either 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, unless requested for later consideration. In general, ordinances, because of charter requirements, should not to be placed on the Consent Calendar. 3.05 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. 3.06 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, unless they are Priority Goal actions. This does not preclude taking action on items during work sessions or other portions of the meeting. Action items that are specifically related to City Council Goals and Priorities shall be scheduled for action prior to Consent Calendar 1. Examples include items such as Low Income Rental Housing Property Tax Exemptions (LIRHPTE) and other authorizations in support of low-income housing. 4. COUNCIL ACTION ON AGENDA ITEMS Page 5 Exhibit A As a guideline, action on issues for which a public hearing has occurred shall not be taken at the same meeting at which the public hearing is held. In the case of an ordinance, the charter requires that an ordinance shall not be adopted by the Council unless it has been considered by the Council during at least two meetings. With the unanimous consent of the Council, the Council may consider and enact an ordinance at a single meeting if the Council does not amend the ordinance in a manner that modifies its substantive effect (Charter, Section 28 (3)). 5. POSTPONING AGENDA ITEMS Any councilor may request that an item be postponed to another meeting if he/she is unable to attend the meeting at which the item has been scheduled. As a courtesy, councilors should submit in writing a request to postpone to the Mayor as early as possible. If the Mayor is unavailable, the request should be made to the City Manager or the Manager's designated staff member. A request to postpone may be made for either a work session item or a vote on an agenda item. The request to postpone shall be honored unless a majority of councilors present determines that the matter needs to be acted upon at that meeting. 6. COMMITTEES OF THE COUNCIL 6.01 Creation of Committees While the City Code governs appointments to certain committees, the code grants broad general powers to the Mayor and City 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. Comrnittees may be composed of councilors, interested citizens or 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 Order Conduct at City Council meetings and committee meetings is governed by Robert's Rules of Order. Revised. The Council has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. Council members shall avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues. 7.02 Other Meeting Guidelines The presiding officer shall be responsible for ensuring order and decorum are maintained. Behavior or actions that are unreasonably loud or disruptive shall be cause for removal from Page 6 Exhibit A 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. 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 whenever possible or practicable. 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 Rule Initiatives 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 the City Manager. 8.02 Major Request A councilor who desires major policy, ordinance research, or other staff assistance should first raise the issue at a City Council work session. The Council should decide whether to proceed with the issue or ordinance before staff time is spent. Page 7 Exhibit A 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. 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 Page 8 Exhibit A 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 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, Page 9 Exhibit A 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 using alternative forms of transportation, including walking and biking and excluding buses, as permitted in Resolution No. 4375, shall be $.25.8 per mile as of July 1, 2020, and shall be adjusted each year at the same rate of increase as that of automobile reimbursement. Special materials such as books or directories may also be eligible for reimbursement. If receipts are not available, a written description of expenses signed by the Councilor must be submitted along with the Council Expense Report Form. Forms shall be available from the City Manager's Office. 10.04 Spouse/Partner/Guest Expenses The City shall reimburse councilors or the Mayor for spouse/partner /guest expenses at local events when the councilors or the Mayor and a spouse/partner /guest 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 spouse/partner /guest. If councilors or the Mayor wish to have their spouse/partner/guest 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/partner /guest travel and lodging expenses. Reimbursement should be made as soon as possible so that the trip reconciliation process can be completed. 10.05 Petty Cash Expenses under $50 can 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 Page 10 Exhibit A not intended to be applied to trips related to service on national or regional committee, such as a committee of the National League of Cities. 10.07 Overseas Travel If the Mayor or members of the Council wish to attend a conference or make a Council business-related trip to a destination overseas, this request shall be made in writing well in advance and shall be placed on the Consent Calendar for approval by the Council. 11. ETHICS 11.01 Reporting Requirements in ORS In accordance with ORS 244.050, the Mayor and all councilors holding office on April 15 shall be required to file an Annual Verified Statement of Economic Interest with the Oregon Government Standards and Practices Commission on or before that date. The report must be filed on the form prescribed by ORS 244.060. Each year the form shall be sent directly to the elected official by the Commission and should be returned directly to the Commission in Salem. Failure to submit the form by the April 15 deadline may result in the imposition of a civil penalty and/or removal from office. 11.02 Local Code of Ethics The Charter requires that a code of ethics be enacted. This local code, found in the Eugene Code, places additional conflicts of interest requirements upon elected officials and creates a local process for filing complaints. 12. MEETING AND WORK SESSION 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 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 APRIL Page 11 President Councilor Al Councilor C3 Councilor ES President Councilor F6 Councilor B2 Councilor D4 Mayor Mayor Vice President Councilor B2 Councilor D4 Councilor F6 Vice President Councilor ES Councilor Al Councilor C3 SEPTEMBER Page 12 President Councilor C3 Councilor ES Councilor Al Mayor Vice President Councilor D4 Councilor F6 Councilor 82 Exhibit A CITY COUNCIL COMMITTEE ON INTERGOVERNMENTAL RELATIONS OPERATING AGREEMENTS ADOPTED BY THE CITY COUNCIL ON OCTOBER 23, 2023 1. Purpose of Council Committee on Intergovernmental Relations Exhibit A The Council Committee on Intergovernmental Relations (IGR Committee) exists to make recommendations to the City Council on State and Federal legislative issues. At this time, it is the only standing committee of the City Council. 2. Membership The IGR Committee consists of three City Council members. The three IGR Committee Council members are appointed annually by the Mayor in the normal course of appointments to various boards and commissions on which City of Eugene elected officials serve. The Mayor will appoint members that represent the City Council's political and ideological diversity. The Mayor serves as an ex-officio member of the IGR committee. 3. Committee Chair The IGR Committee shall elect a chair of the committee at the first regularly scheduled meeting after the Mayor has appointed the members to the IGR Committee. 4. Conducting the Business of Meeting IGR Committee meetings are governed by Roberts Rules of Order, Revised. Like the City Council, the IGR Committee has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. 5. Meetings The IGR Committee meets as needed and generally meets more frequently when the Oregon Legislature is in session. Meetings of the IGR Committee are subject to the requirements of Oregon Public Meetings Law, ORS 192.620. The meetings shall be held within the jurisdictional boundaries of the City. No IGR Committee meeting shall be held at any place where discrimination on the basis of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include written notice to all news media that requested notice. 6. Quorum Two members of the IGR Committee constitute a quorum for the transaction of Committee business. Other members of the City Council may attend meetings of the IGR Committee, but shall have no authority or status to vote on matters considered by the IGR Committee during that meeting. Page 13 Exhibit A 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 Oregon State Legislature convenes annually in January in the state capitol of Salem. In odd years, sessions may last 160 days, referred to as "long session." During the "long session" the legislature approves a two-year state budget for the next biennium. In even years, a "short session" is held. A short session can last a maximum of 35 days. Preparation for the Long 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 Oregon Legislative Priorities document and the Legislative Policies document that serves as the cornerstone for position and lobbying efforts on bills during the session. 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. The IGR Committee then reviews the proposal, taking action during a regular meeting to revise, adopt, or take no action on the proposal. Once the IGR Committee has voted on proposed legislative concepts, this recommendation moves forward to the full City Council for review and action. 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 or Eugene Area Legislators for drafting. 10. Process for Review and Prioritization of Legislation In 2013, the City Council adopted Resolution 5081 (Attachment A), which guides the IGR Committee Legislative Review process and Voting process. Review by City staff: • Once the bills are introduced, they are assigned by an IGR staff person to the appropriate Legislative Coordinators (LCs) for review. Page 14 Exhibit A • Legislative Coordinators (LCs) in the appropriate City department analyze priority introduced bills that 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 Oregon Priorities or Legislative Policies documents 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. • In collaboration with the IGR Manager, the LC will assign each bill a priority and a recommendation. Position Recommendations: Support: From the City's perspective, we are in favor of the bill and the impacts. Legislative Coordinators should note why we are in favor of the bill and note any amendments that would make the bill better. Oppose: From the City's perspective, we are opposed to the bill and the impacts. Legislative Coordinators should note why we are opposed and make any recommendations that would make the bill better, if applicable. Priority Recommendations: • High Priority Bills: We will be highly selective in identifying priority bills to be forwarded to the Intergovernmental Relations Committee (IGR). For a bill to be recommended as a high priority bill to be actively lobbied, either in support or in opposition, the bill would have a significant impact on City operations, services, or finances in such ways 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 operations, services, or finances of the City. Examples of high priority bills could include Telecom/local pre-emption efforts, PERS reform, Public Safety, and transportation funding. • In addition to be bills identified as high priority, other bills and legislative issues may be forwarded to the IGR Committee to enable staff to provide supportive or opposing written or oral testimony. Examples of issues that may require supportive testimony (as opposed to active lobbying) include support for the Oregon Cultural Trust, support for one of our partner agencies lobbying efforts (University of Oregon, City of Springfield, EWES), etc. 11. Voting on bills The IGR Committee votes on all bill priorities and recommendations. Page 15 Exhibit A Approved IGR Committee minutes, including votes on bill positions, will be shared with the full City Council by including them with the weekly City Council materials. Any bill that has been reviewed by the IGR Committee may be requested for discussion by the full City Council or by the Mayor. 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. If possible, the bill will then be placed on the next available City Council agenda. 12. Communicating with City Council All Councilors are encouraged to bring items of interest for follow up by the IGR Committee to the IGR Members, the IGR Manager, City Manager, or Mayor at any time. The IGR Chair will provide regular updates to the Council during the 'Committee Updates and Items of Interest' section of the Regular City Council meetings. • Outside of Legislative Session, one update per month, during Items of Interest, by the IGR Chair at the first Monday meeting. This will share with Council the outcomes from the monthly IGR Committee Meeting. The IGR Manager will send this update to the Chair prior to the meeting. • During the Legislative Session, two updates per month to the Council, during Items of Interest, by the Chair, including Committee Meeting outcomes and Priority Bill Update. The IGR Manager will send this update to the Chair prior to the meeting. During the Legislative Session, the IGR Manager will provide weekly Priority Bill Update Email to the full Council. During Legislative Session, the weekly Priority Bill Update Email will be included within the weekly Council packets. 13. Process for Federal Lobbying Efforts The IGR Committee and IGR staff address Federal lobbying priorities in concert with a number of the City's local governmental partners. The Federal priorities begin with a review of opportunities for funding in the next Federal budget and goals that are specific to Eugene or the area. The IGR Committee meets and reviews the list of potential priority projects. Potential projects should be those projects which have already gone through the proper authorization channels and are "shovel ready" projects. Once the IGR Committee reviews the list of potential projects, the Committee develops a list 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. Page 16 Exhibit A 14. Grants and Funding Applications Under the direction of the City Manager, the IGR Manager will coordinate with departmental staff and Executive Leadership to ensure all City applications for grants or funding are in accordance with adopted City Policy and have existing budget authorization for any match requirements (either in-kind resources or direct funding). Coordination will include, but not be limited to, ensuring city staff are working collaboratively related to funding sources, support communications related to successful funding requests, and building relationships with potential funding partners. 15. 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 B. 16. 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: Attachment B: Page 17 City of Eugene Resolution 5081. City of Eugene Resolution 4908. Exhibit A Attachment A RESOLUTION NO. 5081 A RESOLUTION CONCERNING THE 2013 OREGON LEGISLATURE AND THE CITY COUNCIL COMMTTTEE ON INTERGOVERNMENTAL RELATIONS OPERATING AGREEMENTS ADOPTED BY RESOLUTION NO. 5043. The City Council of the City of Eugene finds that: A. Section 2.007 of the Eugene Code, 1971, contains provisions regarding Council meetings and the establishment of Council groundrules. B. The Eugene City Council Operating Agreements (referred to as groundrnles in the Eugene Code, I 971) were adopted by Resolution No. 4588 on April 12, 1999, and have subsequently been amended, most recently by Resolution No. 5043 on October 11, 2011. C. Included in the Operating Agreements is the document titled "City Council Comminee on Intergovernmental Relations Operating Agreemems" which contains the process for the City's participation in sessions of the Oregon Legislature. The City intends to pilot an alternate process for the 2013 Oregon Legislative Session as set forth in Exhibit A to this Resolution, and Resolution No. 5043 should be temporarily amended to enable the City to try the pilot process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, us follows: Section I. Based on the above findings, the process for review, prioritization and lobbying of legislation for the 2013 Oregon 1..egislative Session shall be as described in Ex.hibit A 10 this Resolution, rather than the process set forth in Resolution No. 5043. Section 2. A copy of this Resolution shnll be appended to Resolution No. 5043. Section 3, This Resolution shall become effective immedintely upon its adoption. The foregoing Resolution adopted the 11t h duy of February, 2013. City Recorder Resolution -Page I of I Exhibit A PROCESS FOR REVIEW AND PRIORITIZATION OF LEGISLATION FOR THE 2013 LEGISLATIVE SESSION Exhibit A The 2013 session will start on February 4, 2013. The Legislature convenes annually In February at the State Capitol In Salem. Sessions may not exceed 160 days In odd•numbered years and 35 days In even-numbered years. Five-day extensions are allowed by a two-thirds vote in each house. In odd·numbered years, the Legislative Assembly convenes on the second Monday in January, to swear-in newly elected officials, elect legislative leaders, adopt rules, organize and appoint committees, and begin introducing bills. REVIEW OF LEGISLATION BY CITY STAFF LEGISLATIVE COORDINATORS In past years, bills have been assigned by the IGR staff to appropriate staff throughout the city. This has resulted in the generation of a tremendous amount of work, both for staff, as well as for the IGR committee, often with limited or no tangible benefit. Very few bills that we take positions on merit targeted lobbying efforts on behalf of the city of Eugene. This year, we will be approaching the legislative session in a much more targeted way, with the goal of being more efficient, and effective in our lobbying efforts. The most obvious change in the process will be that IGR staff will no longer routinely assign bills to legislative coordinators for comments and positions. Instead, we will rely primarily on departments to identify significant legislative issues/bills that merit taking a position on and actively lobbying. Department/division staff will be asked to rely on professional affiliations and jurisdictional counterparts across the state to stay in touch with legislative issues arising in their area of expertise. In addition to bills Identified by departments, bills will be identified in a two other primary ways, through the League of Oregon Cities, and through paid lobbyists. The League of Oregon Cities has recently implemented a new bill tracking software system, which will be a significant new resource this session. Additionally, the city council or city manager may Identify issues that come to their attention for IGR staff. It ls strongly believed that all significant legislation of potential impact to the city will be identified through this approach. Once an Issue/bill ls Identified by department staff, legislative coordinators will assess consistency of the Issue with adopted City policies and past legislative positions, and will provide comments and a recommended position and priority for referral to the IGR committee. Bills/legislative issues brought to IGR staff should be limited to those determined to be high priority; that ls, the bill would have 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. Examples of legislative issues that have already been identified for this session Include PERS reform, telecom, and public safety. Legislation related to these issue areas could have significant (00083961;1} Exhibit A· Page 1 of 3 financial or operational impact on the City-therefore we plan to actively lobby the city's interests in these areas. LEGISLATIVE ADVOCACY Exhibit A As described in the previous section, advocacy efforts will be narrowed and targeted to focus on a very few, high priority issues of potential impact to the City. In the past, this was done on the basis of the priority assignment and recommendation system. Because only bills of potential impact will be referred to the CELEG system, the priority assignment system will be modified. Staff will be asked to provide a "support," or "oppose," recommendation for all bills to be reviewed on which we want to take a position. In rare cases, there may be a need to "monitor" a bill. In that case, specific information will be provided to explain the merits of tracking such a bill. Position Recommendations: Support: From the City's perspective, we are In favor of the bill and the Impacts. Legislative Coordinators should note why we are In favor of the bill and note any amendments that would make the bill better. Oppose: From the City's perspective, we are opposed to the bill and the impacts. Legislative Coordinators should note why we are opposed and make any recommendations that would make the bill better, if appUcable. Priority Recommendations: -High Priority BIiis: We will be highly selective in identifying priority bills to be forwarded to the Intergovernmental Relations Committee (IGR). For a bill to be recommended as a high priority bill to be actively lobbied, either in support or in opposition, 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. Examples of high priority bills could Include Telecom/local pre-emption efforts, PERS reform, Public Safety, and transportation funding, In addition to be bills identified as high priority, other bills and legislative issues may be forwarded to the lGR committee to enable staff to provide supportive or opposing written or oral testimony. Examples of issues that may require supporting testimony (as opposed to active lobbying) include support for the Oregon Cultural Trust, support for (00083%1;1 I Exhibit A· Page 2 of 3 one of our partner agencies lobbying efforts (University of Oregon, City of Springfield, EWEB), etc. Voting on bills: The IGR Committee votes on all bill priorities and recommendations. All unanimous positions 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 blll that has been reviewed by the IGR Committee may be pulled for discussion at the request of any Councilor or by the Mayor. If a position the IGR Committee has taken on a bill is not unanimous, the position on that bill wlll be Neutral until the full City Council weighs in and directs a position. If possible, the bill Exhibit A will then be placed on the next available City Council agenda. If time makes placing the bill on the City council agenda impossible, City council members will be emailed with the details of the bill and asked for their direction. !00-083961;1) Exhibit A -Page 3 of 3 RE-50LUTJON NO, 4908 A RESOUJ'fION ESTABLISHING POUCY GOVERNlNG cnv TEST[MONY AND FUNDmNG lU:QUESTS, AND RIEPEALING RESOLUTION NO. 4139·. The Clt:y ·C@~ncll oHhc City or Eugme fi[!ds that: A. U[lder the Eugene Charter, it is tl1e exclusive role of the Chy Council to set legislative p,olicy for the Cit)'· B. On September 13, 1989 the City Council adopted Resohiti<ttt No. 4139 establishing policy governing testimony and funding requests by City rep~eritalive!l. C. The City Council has dctem1i11cd th~t Section 7 of Resolution No. 4139 should Ile repealed. D. The Cr:mn•~il fimls that Re~olution No. 4139 should be repealed in its entirely, and its pl'Ovisi011s, other than Section 7, be readopted as hereinal'ler i;.cl forth 11.S City policy governing te!>timony before the Federal gove1·mnent, the Legislative Assembly of the State of Oregon or its committees, State agencies, or municipal corporations, and submission of funding requests to such 1:mtitics. As use<! herein, in addition to the Congre!ls of fhe Unilcd States, references to "Federal government'' includes nH committees, commissions, depal1mcnls, agencies, bureaus, and governmental ~livii.ic,ni; or in!ltrnmentalities of the United S1111~. NOW, TREJIBlFORl&i DE JT RESOLVED BY THE Cl1Y COUNCIL OF THE CIT\' OF EUGENll!.1 0 '-''hmidpal COJ"]POrnti@lll of the State of Oregon, ns f.o,llows: Sectjgg I. Based upon !he above findini,:s, which me adopted herein, Resolution No, 4139, s.d~1pletl by the Council on September 13, l 989, and any other Resolution in conflict D,erewith is hereby repealed ~s of the effective date of this Resolution, and City policy go,·cming testimony ~nd funding requcs~s is i::stablishetl as hereimdler set forth. Section 2. Any employee or a.gent of the City, the Mayor or any member of the City Council or any City board or comml:ssion desiring to testify in his or her official cap11.cily on legislative or regulatory matters before the State Legislutive Assembly, State agencies, municipal ,co1porntlons, or the Fedeml government., or desiring to submit funding requests for municipal acli vities thereto or to ruiy l}ri vate fotmdation, shall present the essence of the testimony or funding request to the Council for prior approval, modification, or diitappixwal. Section 3. No employee, agent or officer of the Gty 5hull testify on legishitive CJr ri:guMory mailers hefore a governmental entity or request funding from 11 pllblic or private source in his or her official capacity co11trary to the adopted policies of the Council. The Mayor, mcml:n.::rs of the City Council, and members of City boards or commiss:ions shall not mnke a Reso lntion • i Exhibit A Attachment B funding request c-0ntrary to the adopted policies of the Council. No such 1~erson s.ha[I lr:sCify con1rnry to adopted poHcks oftl~c Council unless prior to the presenUllion the s.peaker submits to the govi:;mmc11tal entity a written statement of tlw City's position ruid orolly acknowledgeR before speaking th.it the !c~timony will be contrary to the City's position. SmnJnaries of all testimony delivered lmder this section shan he provided lo the Council. Each summary shatl include 0 descrlptton .of the time, place and group before which the sMcrncnt was m11dc. Sgctiog, 4. In ~he event time pressures do not permit tho Council to consider the: testimony before the intended time of preirentation by a representative of it Clty board or commission, the person may S(leak for tl1e board or commission, hut must eXJ)lBill th~t the Council has not considered the issue. Summaries of all testimony under this section shall be provide,i.l to th~ Cmmcil, SLi.ction 5, Any t'lffic:-er, employee or agent of !he City, the Mayor, or 11 member of the Cout1eil or a City board or ~ommission may take a position oofore or re,quesl fullding from administrative staff of State agencies, munic.ip,al corporations,. the Federal govemme11t, or priv.t1te foundations without prior approval of the Counci.l, but must declare that considernlimi and approval of the Co1mdl ha~ nol been ootsined if thal Is the c~sc. This declarntion need not be given if the position or funding request presented rcprc:scnls ll]>plication of previously adopted Council polic.ics with re&p-1;!.)t to th~ is~ue being i;ons-iclered. S£Sti911 6. Jf i!he City /1.fan.flger, or his or her desi&'l'!ee detentlines it is important that the City of Eugene ~pe11k on a legislative issue or 0pply for available funds and the hearing s:chedllle or fundlng application deadline docs not J)cnnit prior Council approval, the Cily Manager or his or her dcsigncc is authorized to speak on beludfofthe City of Eugene afler co11.~ultatinn with the Council Lr:.gi5lt1ti,·e Cnn.irnitlee Chair, Summaries of an testimony delivel'ed or funding 11pplicntiO!l$ submitted U!lder this section shall be provided to the CounclL Sution 7. 'This Resolution ls not to be construed to abridge the l'ights of individuals to tcsti(Y in their own name.s. S~t$10lll 8, The provis:iotl:.~ of this Resolution do not apply to testimony before an agency or court in a qitasi.-judicial or judicial proceeding. Scytion 9. Coples or this Res.olution shall be distribute<! to the depitrlm~'lJIH, bci~rcls and commissions of Ille City of Eugene and. as dccmod appropriate by the Cily Manager, to the Federal government, St~tc Legislative: A5~embly, State agencies, municipal corporntlons, and private founcfatiom before prese11tation of te..~timony or funding re.quests. T11c City Manager is directed to take any oHi.er nece.!ISQI')' 111.dministrative action to implement this Rcwlution. S;ctimt 10, This Resolutfon shall become cITcetive lmmccli~toly upon ics fldt'lptinn, ']'he foregoing fiesolutlon adopteid dHi 18th day of Ap,rlb._2007. ~,,'1J~l1~-li'----