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HomeMy WebLinkAboutOrdinance No. 18904ORDINANCE NO . 1~ q 0 y AN ORDINANCE CONCERNING PUBLIC~MEETINGS; AMENDING SECTIONS 2.001, 2.011, 2.399, AND 2.510 OF THE EUGENE CODE, 1971; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DQES ORDAIN A5 FOLLOWS: Section 1. Subsections ~ l } , ~.2 } , and ~.3 } of . Section 2.0 0 7 of the Eugene Code, 1971 are hereby amended, and new subsections 411}, X12}, and X13} are hereby added thereto, to read and provide: 2.007 City Council - Meetin s. ~1} Meetings of the council, shall be held on each Wednesday starting at 12:00 noon and continuing until 1:30 p,m., or such other times as may be designated by the city manager, and evening meetings shall be held on the second and fourth Monday of each month or, if those evenings fall on a holiday, vn the immediately following evening, at the location within the city's jurisdiction designated in the notice of the meeting, except: ~a} Training sessions may be held outside the city's jurisdiction so long as no deliberations to- wards a decision are involved; ~.b} A joint meeting of the council and another governing body shall be held within the geographic boundaries over which the city or the other govern- ing body has jurisdiction, or at the nearest practi- cal .location; and ~.c} Meetings may be held in locations other than described above in the event of an actual emer- gency necessitating immediate action. The first evening meeting each month is the regular meeting, to be adjourned at the conclusion thereof to the next weekly meeting or evening meeting, as the case may be. In this sub- section the word "hol,iday°` means a day designated as a holi- day by an officer or agency of the United States, the state, or the city that is authorized by law to designate holidays. ~2} The mayor may, or at the request of three counci- lors, shall, call a special meeting of the council. ~3} All meetings of the council, or the boards, com- mittees, commissions and subcommittees of the city shall be open to the public, and all persons shall be permitted to attend such meetings, except as provided in section 2.011 for executive sessions, and subject to the provisions of section 2.015. The council or respective board, committee, com- mission or subcommittee shall provide for and give public notice, reasonably calculated to give actual notice to inter~- Ordinance - 1 1890{ ested persons, including news media which have requested notice, of the time and place for holding such meetings. The notice shall also include a list o.f~the principal sub- jects anticipated to be considered at the meeting, but this requirement shall not limit the ability of the council, board, committee, commission or subcommittee to consider additional subjects. Meetings shall not be held unless an attempt is made to give at least 24 hours' notice to the mem- hers of the council or respective board, committee, commis- sion, subcommittee, the general public, and the news media which have requested notice. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, but the minutes for such a meeting shall describe the emergency justifying less than 24 hours' notice. No quorum of the council, ar any of its boards, committees, commissions or subcammittees shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter, except far purposes identified in section 2.011 far executive sessions. ~ll~ Subject to the excep Lion contained in section 2.011~6~ of this code, the council shall provide for the taking of written minutes of all its meetings, which must give a true reflection of the matters discussed at the meeting and the views of the participants but need not be a full transcript or a recording. All minutes shall be made available to the public within a reasonable time after the meeting, and shall include at least the following information: ~_a~ A11 members of the council present; ~.b~ All motions, proposals, resolutions, ordi- nances and measures proposed and their disposition; ~c~ The results of all votes and the vote of each member by name; ~d~ The substance of any discussion on any -- -- matter; and ~..e} A reference to any document discussed at the meeting, but such reference shall not affect the status of the document under ~R5 192.410 to 192.500. ~12~ No .council meeting sha~.l be held at any place where discrimination on the basis of race, creed, color, sex, age ar national origin is practiced. however, the fact that organizations with restricted membership hold meetings at the place shall not restrict its use by the council if use of the place by a restricted membership organization is not the primary purpose of the place or its predominate use. Meetings do not include any onsite inspection of any project or program, ar the attendance of councilors at any national, regional or state association to which the city or the councilors belong. ~_13~ Meetings of city boards, committees, commissions or subcommittees shall be governed by the foregoing provisions. Section 2 . Subsections ~.l ~ , ~.2 ~ , ~..3 ~ , ~ 4 } , and ~ 5 } of Section ordinance -- 2 ~$90~f 2,Qll of the Eugene Cade, 1971 are hereby amended, and a new subsec- tion ~9} is added thereto, to read and provide: x,411 City Council - Executive Sessions. ~1} An executive session is a meeting at which members of the public are excluded, and only those persons invited by the council to attend may do so. Representatives of the news media shall be allowed to attend executive sessions, other than those held for the purposes designated in subsection {2} {d} and ~2} {e} of this section, but the council may require that specified information which is the subject of the executive session be undisclosed. ~2 } The council, may hal,d an executive session during any meeting, after the presiding officer first identifies the authorization therefor, pursuant to 4RS 192.610 to 192,690. An executive session may be held: ~a} To consider the employment of a public officer, employe, staff member or individual agent, except: 1. The filling of a vacancy in an elec- tive off ice; 2, The filling of a vacancy on any public committee, co~nrnission, or other advisory group to the council; 3, The consideration of general employ- ment policies; or 4. The employment of the city manager unless the vacancy in~ that position has been advertised, regularized procedures for hiring have been adapted by the council, and there has been opportunity for public input into the employment of the city manager. However, the standards, criteria and policy directives to be used in hiring or evaluating the city manager shall be adopted by the council in meetings open to the public, {.b} To consider the dismissal or discipline of, or to hear complaints or charges brought against a public officer, employe, staff member, or indivi- dual agent, unless such public officer, employe, staff member or individual agent requests an open hearing on the matter. {.c} Reviewing and evaluating, pursuant to stand- ards, criteria and policy directives adopted by the council, the employment-related performance of the city manager, a public officer, employe or staff member unless the person whose performance is being reviewed and evalu- ated requests an open hearing. The standards, criteria and policy directives to be used in hiring or evaluating the city manager shall be adopted by the council in meet- ings open to the public in which there has been oppor- tunity for public comment. Ordinance - 3 1840'{ ~.d} To conduct deliberations with persons designated by the council to carry on labor nego-~ tiatlons. ~_e} To conduct deliberations with persons designated by the council to negotiate real prop- erty transactions. ~,f} To consider records that are exempt by law from public inspection. ~_g} To consider preliminary negotiations involving matters of trade or commerce in which the council is in competition with governmental bodies in other jurisdictions. {h} To consult with counsel concerning the legal rights and duties of the council with regard to current litigation or litigation likely to be filed. ~3} If either side requests closed meetings, labor negotiations may be conducted in executive sessions, and not- withstanding the provisions of subsection ~.4} of this section, subsequent sessions of the negotiations may continue without further public notice. ~4} Notice of an executive session shall be given to councilors, to the general public, and to news media which have requested notice, stating the specific provision of law authorizing the executive session. ~5 } The council shall, provide for the taking of written minutes of an executive session in accordance with the provisions of subsection X11} of section 2.QQ7 of this code. Instead of written minutes, a record of an executive session may be kept in the form of a sound tape recording which need not be transcribed unless otherwise required by law. Material, the disclosure of which is inconsistent with the purpose for which the meeting under OR5 192.664 is authorized tv be held, may be excluded from disclosure. ~9} Executive sessions may not be held for the purpose of taking any final action or making any final decision. Section 3. Subsection ~1} of Section 2.399 is hereby amended to read and provide: 2.399 Quasi--Judicial Hearings ~- Record of Proceedings. ~l} The city recorder or a designee of the presiding officer shall be present at each hearing and shall prepare an adequate record of the hearing in accordance with section 2.4Q? X11} of this code, as applicable. To assist in the pre- paration of the record, the proceedings may be stenographi- cally or electronically recorded, but the record need not set forth evidence verbatim. Section 4. Section 2.51Q of the Eugene Oode, 1971, is hereby Ordinance _ 4 189o~t amended to read and provide: 2.514 Finance Officer ~ Attend Council Meetin s. It shall be the duty of the finance officer, or his or her designee, to attend the meetings of the council and to keep an accurate record of the proceedings in accordance with the provisions of section 2.Q07~11~ of this code. He or she shall retain and hold all ordinances passed by the council,. Section 5. That the provisions contained herein concern the public welfare and therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 76 th day of December, 1981 City Record r Apprpved by the Mayor this 16th da of December, 1981 Mayor Ordinance - 5.