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HomeMy WebLinkAboutItem A - Process SessionEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: City Council Process Session Meeting Date: September 8, 2004 Agenda Item Number: 1 Department: City Manager's Office Staff Contact: Lynda Rose www. cl. eugene, or. us Contact Telephone Number: 682-5017 ISSUE STATEMENT This work session is part of an ongoing opportunity for the City Council to discuss how it conducts its business. At their July 23, 2003, work session, councilors agreed to convene process sessions three times annually, immediately following each council break. BACKGROUND At the April 7, 2004, process session, councilors discussed some minor changes to the Council Operating Agreements, but no action was taken. The Operating Agreements, with those same proposed amendments suggested by councilors at the February 2004 retreat, are attached for review (see Attachment A). For purposes of clarification, staff slightly reworded the proposed amendments that were presented to the council in April. Additionally, at their September 2003 meeting councilors requested a legal opinion on Section 9.03 (Attending Conferences and Other Meetings) of the Operating Agreements. Legal counsel is prepared to discuss the matter at the process session, and offer further opinion, although a written memo was submitted in April 2004 (see Attachment B). Resolution 4139, adopted in 1977, also speaks to the current policy governing City testimony and funding requests (see Attachment C). Other discussion topics include: Crafting motions during meetings; Councilor comments concerning employees; Ex Parte communication; Council assignments/communication with staff; and Time management and meeting agendas. Mayor Torrey will facilitate the process session. RELATED CITY POLICIES No City policy issues are relevant to this discussion. L:\CMO\2004 Council Agendas\M040908\S040908A. doc COUNCIL OPTIONS Councilors may choose to amend portions of the Operating Agreements or they may opt to retain them as currently written. CITY MANAGER'S RECOMMENDATION No recommendations are offered by the City Manager. SUGGESTED MOTION No motions are offered by the City Manager. ATTACHMENTS A. Draft Operating Agreements with Councilor-Suggested Amendments B. Legal Opinion Concerning Section 9.03 of the Council Operating Agreements (dated April 1, 2004) C. Resolution No. 4139 FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose~ci.eugene.or.us L:\CMO\2004 Council Agendas\M040908\S040908A. doc ATTACHMENT A DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 INTRODUCTION The Municipal Charter o£the City of Eugene (Charter) and Eugene City Code, 1971 (E.C.), as well 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 as needed. Other work sessions may be held on the second, third, fourth, and fifth Wednesdays of the month. These work sessions shall start at 12:00 p.m., 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 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 Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 1 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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). 1.05 Public Forum A public comment period generally shall be the first item of every regular meeting of the Eugene City Council. The Public Forum shall not exceed a maximum of 30 minutes, unless a majority of councilors present vote to extend the time. A motion to extend the time of the Public Forum is not debatable. Persons wishing to speak at the Public Forum must sign up to do so not later than 15 minutes after the meeting has been called to order 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 15 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. Generally, the speakers will be called upon in the order in which the "request to speak" forms are received by the staff at the meeting. No persons will be allowed to complete a "request to speak" form more than 15 minutes prior to the start of the meeting. Should there be more speakers than can be heard for three minutes each during the 30 minute Public Forum, the staff will sort the "request to speak" forms in order to afford a greater opportunity for a number of topics to be heard during the Public Forum. If there are a large number of speakers on a single topic, staff is directed to intermix request to speak forms from persons wishing to speak on a less stated topic. The "request to speak forms," in this case only, will not remain in the original order in which they were received in order to improve the Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 2 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 likelihood that those smaller numbers of speakers will have an opportunity to speak before the Public Forum is closed. When possible and feasible preference will be given to individuals who reside within the legal limits of the City of Eugene. Persons who do not reside in the City of Eugene may be placed at the end of the list of those wishing to speak at the Public Forum. 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 be held at regular meetings and shall occur 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. 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. The mayor and council will be limited to commenting only on the main motion prior to discussing any proposed amendments. If a an amendment to the motion is made during the initial comment period on the main motion, subsequent remarks on the amendments will be postponed until all wishing to speak on the main motion have done so. 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. 1.07 Executive Session All meetings of the Eugene City Council shall be held in open session, except those meetings that may be closed for those purposes specified in the Oregon Attorney General's Public Records and Meetings Manual (ORS 192.610 to 192.690). These include the employment and dismissal Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 3 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 of public employees, the performance evaluation of the City Manager, 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 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, councilors 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 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. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 4 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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. 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 a City Council meeting under "Items from Mayor and City Council" at a 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 ten working days of distribution of the poll, a majority of the Council respond in the affirmative, the item shall be placed on the Council agenda. A majority of the Council 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. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 5 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 3. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 3.01 Ceremonial Matters At the first regular meeting of each month, the first item on the agenda shall be used to acknowledge special recognition and awards given to the City of Eugene or for the Mayor to announce 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. 3.02 Consent Calendar At regular 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. Ordinances because of charter requirements, are not be placed on the Consent Calendar. 3.03 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. 3.04 Items from Mayor and City Council At work sessions held on the second and fourth Mondays of each month, the first item on the agenda shall be "Items from Mayor, Council and City Manager." The time set for this item will be 20 minutes, subject to change at the time the meeting is called to order. 4. COUNCIL ACTION ON AGENDA ITEMS 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 Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 6 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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 requested 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 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. Committees may be composed of councilors, interested citizens or both. 6.02 Standing Committees of the Council There is one standing committee of the Council, the Intergovernmental Relations Committee. 6.03 Standing Advisory Bodies to the Council There are five standing advisory bodies to the City Council. These are created in the Eugene Code and exist to provide advice on policy matters. These are: 1) the Budget Committee; 2) the Planning Commission; 3) the Police Commission; 4) the Human Rights Commission; and 5) the Citizen Involvement Committee. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 7 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 7. CONDUCT AT MEETINGS 7.01 Roberts Rules of Order Conduct at Council meetings and committee meetings is governed by Roberts 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 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 and first names may be used during work sessions. The Mayor is, however, always referred to as "The 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 make to contact other members of the Council to inform them of the and intent and the text of the motion. City Council support staff should be notified provided with the same information and may be asked to assist in the notification process. Comment times for the mayor and councilors at council meetings or work sessions shall be as follows: the first round of comments by the mayor and council following a work session, public hearing, or when action is scheduled will be limited to no more than three minutes. If a second round of comments is requested, they will be limited to no more than two Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 8 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 minutes, and third round comments will be no longer than one minute. This, however, will be at the discretion of the mayor or presiding officer. When an amendment to the main motion is introduced, comments will be limited to two minutes for the mayor and council until the presiding officer deems that one-minute limitations are necessary_ due to time constraints. 7.03 Public Conduct The rules of conduct for members of the public shall generally be the same as for the Council. The Code prohibits any person from bringing in to a Council meeting flags, signs, posters, and placards unless authorized by the presiding officer. The Eugene Code specifically permits arm bands, emblems, badges, and other articles wom 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 which require 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 Council work session. The Council should decide whether to proceed with the issue or ordinance before stafftime 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. In each weekly information packet a list of current requests for assistance will be provided. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 9 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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 which he or 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. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 10 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 (** This section of the Operming Agreements was tempor~ily removed from the docmem on September 22, 2003, by the Ci~ Co~cil in the adoption of Resolution 4777. The section is held in abey~ce until the Ci~ Council reviews the opinion of the Ci~ A~omey on the issue.) 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 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 Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 11 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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 4375, shall be $. 15.1 per mile as of September 1, 2002, 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/Guest Expenses The City shall reimburse councilors or the Mayor for spouse expenses at local events when the councilors or the Mayor and spouse 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. If councilors or the Mayor wish to have spouses 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 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, 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. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 12 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 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 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. 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 mailed 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 LocalCode 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. Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 13 of 14 DRAFT WITH PROPOSED AMENDMENTS 9/1/04 EUGENE CITY COUNCIL OPERATING AGREEMENTS Exhibit to Resolution Number 4777 Approved on September 22, 2003 12. COUNCIL CHAMBER AND MCNUTT ROOM 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 in alphabetical order by last name shall be assigned seats. Each person moves one seat toward the outside and to the opposite side of the table or dias; those on the outside 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 Eugene City Council Operating Agreements - September 22, 2003 Exhibit to Resolution Number 4777 Page 14 of 14 ATTACHMENT B CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mayor and City Council Date: April 1, 2004 Subject: Requiring Elected Officials to Represent or Vote According to the Official City Position or Policy While Serving on Boards and Committees Overview During the Council's discussion of its Operating Agreements during the fall, the Council asked whether the Mayor and councilors could be required to vote and express positions consistent with council adopted positions. Secti°n 9.03 of the Council Operating Agreements had addressed attendance by an elected official at conferences, training sessions and other meetings such as attendance at meetings of LOC and NLC boards and committees. That section was removed pending this opinion and Council deliberation about whether the Council should be able to instruct elected officials in positions to take on those committees. In short, elected officials who serve on boards and committees of the City and other organizations are not currently bound to represent or vote according to the official City position or policy. Depending upon the type and purpose of the committee, as well as the appointing entity, an amendment to the Operating Agreements, and changes to the City code and previously-adopted resolutions, could impose such a requirement. Discussion The Mayor and City Councilors currently serve on a variety of boards, commissions and committees. Some of those entities are wholly City entities, such as the Police Commission and Human Rights Commission. Other committees are interjudsdictional groups, such as the Metropolitan Policy Committee, the Metropolitan Wastewater Management Commission, Lane Council of Governments, the McKenzie Watershed Council, the Lane Regional Air Pollution Authority Board, the Lane Metropolitan Partnership, the Housing Policy Board, the Human Services Commission, and the Public Safety Coordinating Council. Still other committees are state and national committees, such as a membership on the Board of Directors of the League of Oregon Cities or on one of LOC's committees, or membership on a committee of the National League of Cities. Elected officials are appointed to those various types of committees, boards and commission through very different processes. In some cases, the Mayor makes the appointment. In others, the Mayor nominates and the Council appoints. With respect to the state and national committees, most Mayor and City Council April 1, 2004 Page of the appointments are made by the state or national group, rather than by anyone at the local level. The criteria for appointment to the various committees also varies. In addition, the criteria for removal of a member also varies; often times, there are no criteria for removal (and therefore, the person cannot be removed). In some cases, members serve "at the pleasure" of the appointing authority. In other cases, members can be removed only if they lose their office. The Council has not yet required that elected officials, when serving on various committees, must represent or vote according to an adopted City position or policy. There currently is no provision in the Charter or the Eugene Code that requires elected officials to adhere to City policy when serving on either the City's committees or the committees of other organizations. The closest action taken by the Council was in 1989, when the Council adopted Resolution No. 4139. That Resolution requires, in part, that any City representative who testifies on legislative or regulatory matters before the federal or state government on behalf of the City must testify according to'the adopted policies of the Council. Resolution No. 4139, § 3 (1989). (The resolution, however, also states that it is not intended to prevent or "abridge the rights of individuals to testify in their own names." Id. § 8. ) Although the Council has not yet imposed such a requirement, we believe that the Council legally could take action to require an elected official to represent officially adopted policyI under some cimumstances, but not others. The two principal sets of circumstances are (1) when the City (Mayor or Council) appoints the elected official, and (2) when some other organization (for example, LOC or NLC). makes the appointment. Under the City Charter, the Council has the authority to adopt ordinances to regulate how elected officials are appointed to most2 committees, and to specify the powers and obligations of such appointees, including the obligation to take positions consistent with officially adopted policy. Moreover, as part of such an ordinance, the Council could provide that an appointee serves at the pleasure of the Council. If an elected official then takes a position that the Council determines is inconsistent with officially adopted policy, the Council could remove the individual from the committee. With respect to appointees to state and national boards and committees, the Council's authority is more limited. In those situations, the elected official normally is appointed by tho state 1 Should the Council decide to adopt such a requirement, the Council should give some consideration to when such a requirement would apply. The term"officially adopted policy" means different things to different people. For exan~le, is it only policies contained in ordinances and resolutions, or does it include statements contained in motions? Does it apply only to statements that are adopted as "policy," or does it include "implicit policies" that someone can infer from ordinance language? And, what happens when there are conflicting City policies that may apply to a matter under consideration by the intergovernmental entity? 2 It is possible that an intergovernmental or other agreement could authorize the Mayor to designate a representative. In such a case, the Council could not, by ordinance, supe~cede that intergovernmental agreement. Mayor and City Council April 1, 2004 Page 3 or national entity (for example, Councilor Taylor's and Councilor Nathanson's service on NLC committees, or Councilor Pape's and Councilor Kelly's service on LOC Board and committee). In those situations, the elected official cannot be removed by the Council, but instead, could only be removed, if at all, by the appointing entity. Although the Council's powers are more limited in this situation, the Council could choose to deny City reimbursement of expenses for attendance at meetings (assuming that it is the City, and not LOC or NLC, that is reimbursing the elected official for the expenses). Thus, should the Council want the ability to "instruct" elected officials in these circumstances, the Council could change its reimbursement resolution to prohibit reimbursement by the City in the event that the elected official states a position that is inconsistent with officially adopted policy. In summary, the Council does have some authority to require elected officials to take positions at meetings of intergovernmental committees that are consistent with "officially adopted policies" of the City. Depending on how the Council would want to enforce such a requirement, changes may be necessary to the City code and the reimbursement resolution, in addition to the Operating Agreements. Should the Council decide that it wants to impose such a requirement, the Council will need to define the circumstances under which the requirement would apply, including what is meant by "officially adopted policy" and how to deal with situations where there are conflicting policies. Once the Council decides how to deal with these questions, we can then determine what documents (Operating Agreements, City code, other resolutions) need to be amended. HARRANG LONG GARY RUDNICK P.C. - CITY ATTORNEYS GK:abm · ATTACHMENT C ~% RESOLUTION ESTABLISHING POLICY GOVERNING CITY TESTIMONY AND FUNDING REQUESTS, AND REPEl%LING RESOLUTION NO. 269-5 .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 a~ defined in ORS 291.002(7), or before municipal corporations as uefined 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. 5. 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: S.ection 1. Based upon the above findings, which are 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. S ctiQ~.....$. Any employee or agent of the City, the Mayor, or Resolution - I any member of the City Council or any City board or commissio9~ desiring to testify in his or h r official capacity o~ legislative or regulatory matters before the State Legislative Assembly, State agencies, municipal corporations, or the F deral 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 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 qovernmental 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 uime pressures d? not permit th~ Council to consider the testimony before the intended time o~ 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 $. 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 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- Summari s of all testimony delivered or funding application~ submitted under this section shall be provided to the Council. Resolution - 2 ~[~_~. If a legislative issue concerns personnel or collective bargaining matt rs, the City Manager, or his or her designee is authorized to speak on b half of the City of Eug ne. ~~1__~. 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 ~3~ - ,, 1989. Resolution - 3