HomeMy WebLinkAboutResolution No. 4139RESOLUTION NO. 1 (I3�
A RESOLUTION ESTABLISHING POLICY GOVERNING
CITY TESTIMONY AND FUNDING REQUESTS. AND
REPEALING RESOLUTION NO. 2625 ADOPTED
FEBRUARY 28, 1977.
The City Council of the City of Eugene finds that:
1. Under the Eugene Charter, it is the exclusive role of
the City Council to set legislative policy for the City.
2. Testimony by City representatives before the Federal
government, the Legislative Assembly of the State of Oregon or
its committees, State agencies as defined in ORS 291.002(7), or
before municipal corporations as defined by ORS 294.311(19) is
regarded as the assertion of City policy. As used herein, in
addition to the Congress of the United States, references to
"Federal government" includes all committees, commissions,
departments, agencies, bureaus, and other governmental divisions
or instrumentalities of the United States.
3. Requests for funding from these entities and from
private foundations also constitutes the assertion of City
policy. As used herein, "private foundations" means tax- exempt
organizations which provide funds or services for the
implementation of City of Eugene policy.
4. Officers, employees and agents of the City, the Mayor,
and members of the Council. or the City's boards and commissions
often desire to testify before or submit funding applications to
these entities.
S. The Council has determined that City policy should be
spoken with one voice and adopted Resolution No. 2625 on February
28, 1977 governing such testimony. Resolution No. 2625 should be
repealed and the provisions hereinafter set forth established as
City policy governing testimony before these bodies and
submission of funding requests.
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 adopted
herein, Resolution No. 2625, adopted by the Council on February
28, 1977, and any other Resolution in conflict herewith are
hereby repealed, and City policy governing testimony and funding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
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any member of the City Council or any City board or commission
desiring to testify in his or her official capacity on
legislative or regulatory matters before the State Legislative
Assembl�f, 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.
S ection 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
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,
Ch 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 Council or 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 G . 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.
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Section 7 . If a legislative issue concerns personnel or
collective bargaining matters, the City Manager, or his or her
designee is authorized to speak on behalf of the City of Eugene.
Section s . This Resolution is not to be construed to
abridge the rights of individuals to testify in their own names.
section 9 . The provisions of this Resolution do not apply
to testimony before an agency or court in a quasi. -- judicial or
judicial proceeding.
Section 10 . 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.
The foregoing Resolution adopted the M day of 5? �
1989 .
City Re der
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