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HomeMy WebLinkAboutItem A: City Council Process Session ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: City Council Process Session Meeting Date: April 17, 2006 Agenda Item Number: A Department: City Manager’s Office Staff Contact: Lynda Rose www.eugene-or.gov Contact Telephone Number: 682-5017 AGENDA ITEM SUMMARY This work session is part of an ongoing opportunity for the City Council to discuss how it conducts its business. At its July 23, 2003, work session, the council agreed to convene process sessions three times annually, immediately following each council break. BACKGROUND Since the November 21, 2005, process session, several items have been suggested by councilors that lend themselves to deliberation in a process session setting. These include: ? Clarification of when Agenda Item Summaries should have City Manager-recommended motions; ? Protocol for contingency requests from nonprofit entities (continuation of discussion from November 21, 2005, process session); ? Public forum/public hearing protocol; ? Criteria for cancelling council meetings; ? Council polls for work sessions—timing of getting them on the tentative agenda; and ? City Council/staff relations and its implications for the organization, council, and the electorate. Betsy Shepard, longtime 4J administrator, will facilitate the meeting, in order to allow the Mayor to fully participate in the discussions. RELATED CITY POLICIES No related City policies are relevant to this discussion. COUNCIL OPTIONS The council may provide input and direction for staff follow up on the issues discussed. No formal action is anticipated. L:\CMO\2006 Council Agendas\M060417\S060417A.doc CITY MANAGER’S RECOMMENDATION No recommendations are offered by the City Manager. SUGGESTED MOTION No motions are offered by the City Manager. ATTACHMENTS A. Overview of Discretionary Funding Requests, 1998-2002 B. List of Contingency Requests, FY99-FY02 C. November 21, 2005, Process Session Minutes D. Public Forum/Public Hearing Request to Speak Form E. Council Operating Agreements FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060417\S060417A.doc ATTACHMENTA CCPS ITY OUNCIL ROCESS ESSION A17,2006 PRIL ODFR–1998-2002 VERVIEW OF ISCRETIONARY UNDING EQUEST On December 7, 1998, the City Council agreed upon a procedure and process to allocate funds requested by various community groups. The policy and procedure was designed to address funding requests made outside of the annual budgeting process. The policy set guidelines for the use of contingency funds, as well as a process and criteria for the application and granting processes. A copy of the instructions is attached, as is the application itself. To summarize briefly, any project submitted needed to be “sponsored” by a member of the City Council, was to be used to achieve a public benefit, could not be used for on- going operational expenses and needed to be approved by the managing authority of the agency or group. In fiscal years 1999 – 2002, the Budget Committee allocated the sum of $50,000 to a special use discretionary fund for this purpose. Due to financial constraints these earmarked funds were discontinued after FY2002. Attached is the list of funding applications and results during that time period. L:\CMO\2006 Council Agendas\M060417\S060417A-attA.doc CONTINGENCY REQUESTS FY1999 - FY2002 - A/G PT AR DCDADCA GENCYROUPROJECT ITLEMOUNT EQUESTEDATE OF OUNCIL ATE PPLICATION ATE OF OUNCIL PPROVED BY ASR C C?A? PPROVAL TO UBMIT ECEIVEDONSIDERATIONOUNCIL MOUNT SR V AND PONSORING AND EVIEWOTE C OUNCILOR City Club of Eugene History of Eugene May 3, 1999 May 12, 1999 Yes, $5,000; vote 7:0 Anthology Project Masonic Cemetery Re-Roofing Hope $5,000 July 14, 1999 by July 26, 1999 August 11, 1999 Yes, $5,000; vote 7:0 Association Abbey Councilor Taylor Wayne Morse Wayne Morse Free $10,000 October 13, 1999 by October 12, 1999 November 10, 1999 Yes, $5,000 (less Historical Park Speech Platform and Councilor Meisner than requested); vote Corporation Historic Sculpture 5:3 (SM, DK, GP) Project Willamette Repertory Theatre Alive! $4,000 October 13, 1999 by October 28, 1999 November 10, 1999 Yes, $4,000; vote 8:0 Theatre Councilor Kelly Multi-Cultural Multi-Cultural $1,000 October 27, 1999 by October 14, 1999 November 10, 1999 Yes, $1,000; vote 7:1 Storytelling Festival Storytelling Festival Councilor Lee (GP) Sustainable Business Sustainable Business $5,000 October 27, 1999 by October 22, 1999 November 10, 1999 Yes, $5,000; vote 8:0 Symposium Symposium Councilor Meisner Eugene 4J Health Summer Health $8,000 April 26, 2000 by May 1, 2000 May 8, 2000 Yes. $8,000; vote 8:0 Advisory Council Center for Lane Councilor Papé County Kids United Way of Lane Year 2000 Lane $500 April 26, 2000 by City May 1, 2000 May 8, 2000 Yes, $500; vote 8:0 County County Needs Manager Jim Assessment Johnson I, Too Am Eugene: A I Too, Am Eugene $5,000 Supported by May 1, 2000 May 8, 2000 Yes, $5,000; vote 8:0 Multicultural History Councilor Farr via Project HRC Sexual Assault Completion of Facility $4,936.04 Councilor Rayor, May 2, 2000 May 8, 2000 Yes, $4936.04; vote Support Services Renovation Project. March 2000 8:0 Page 1 of 3 Updated on: April 14, 2006 L:\CMO\2006 COUNCIL AGENDAS\M060417\S060417A-ATTB.DOC CONTINGENCY REQUESTS FY1999 - FY2002 - A/G PT AR DCDADCA GENCYROUPROJECT ITLEMOUNT EQUESTEDATE OF OUNCIL ATE PPLICATION ATE OF OUNCIL PPROVED BY ASR C C?A? PPROVAL TO UBMIT ECEIVEDONSIDERATIONOUNCIL MOUNT SR V AND PONSORING AND EVIEWOTE C OUNCILOR Lane County Lane Education $8,000.00 Councilor Lee, July August 1, 2000 August 7, 2000 Yes, approved for Education Service District 31, 2000 $5,000; vote of 5:4 Foundation Planetarium Project (SM, GP, NN, GR) Ribbon of BK4K National $5,000.00 Councilor Lee, July July 26, 2000 August 7, 2000 No, 6:2 (BT,PF) Promise/National Campaign to End 31, 2000 request was for Campaign to End School Violence project already School Violence completed, request did not meet grant process guidelines. Institute for Future Search on $5,000.00 Councilor Kelly, April April 13, 2001 May 14, 2001 Yes, approved for Sustainable Ethics Sustainability 23, 2001 $3,500 instead of the and Economics requested amount of $5,000; vote to amend from $5,000 to $3,500 approved 5/2 (Rayor absent for vote), (BT, DK); vote to fund at $3,500 approved 7:0. FY2002 BEGINNING AMOUNT $60,000 $60,000 Eugene Neighbors, Readin In the Rain $4,500 Councilor Kelly on February 4, 2002 February 13, 2002 Yes, approved for = Inc for Readin in the January 28, 2002 $4,5000 by a vote of = Rain 5/3 (Meisner, Nathanson, Pape) Intergovernmental Financial Assistance $60,000 Councilor Nathanson January 14, 2002 February 13, 2002 Yes, approved the Human Services for service providers (Full balance of non-on January 14, 2002 balance of the Commission for low income profit discritionary and in an email account - $55,500 to persons with service fund) message prior to that be administered agencies located in through the HSC; Eugene passed 8:0 Page 2 of 3 Updated on: April 14, 2006 L:\CMO\2006 COUNCIL AGENDAS\M060417\S060417A-ATTB.DOC CONTINGENCY REQUESTS FY1999 - FY2002 - FY2003 BEGINNING AMOUNT $0 The Budget The Budget Committee allocated $0 to the council social service contingency fund for FY2002 Page 3 of 3 Updated on: April 14, 2006 L:\CMO\2006 COUNCIL AGENDAS\M060417\S060417A-ATTB.DOC NAME OF MEETING: Eugene City Council DATE OF MEETING: November 21, 2005–Process Session TO: Beth Forrest RECORDED BY: Kimberly Young MINUTES FILE NAME: M:\2005\Central Services Department\City Manager's Office\City Council\cc051121m1.doc BACKUP STORAGE: KYSeptember2005 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 1/18 ky Draft to Staff (Date & Initials) 2/6 bf Reviewed/Returned by Staff 2/6 ky Returned to Minutes Recording 2/7 ky Proofed/Revised by Minutes Recording 2/7 ky Returned to Staff 2/28 ky Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ATTACHMENT C M I N U T E S Eugene City Council Process Session Bascom Room—Eugene Public Library November 21, 2005 5:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Bonny Bettman, David Kelly, Betty Taylor, Gary Papé, George Poling, Andrea Ortiz, Chris Pryor. Her Honor Mayor Kitty Piercy called the November 21, 2005, process session of the Eugene City Council to order. The council was joined by executive management staff, including City Manager Dennis Taylor, Assistant City Manager Jim Carlson, Angel Jones, Lauren Chouinard, Kurt Corey, Susan Muir, and Matt Shuler, and City Manager’s Office staff members Mary Walston, Mary Feldman, and Lynda Rose. 1. PROCESS SESSION Public Meetings Law: Permitted Discussions among Elected Officials The council was joined for the discussion by City Attorney Glenn Klein. Mr. Klein explained that Public Meetings Law stipulated that any time a quorum of the council got together it constituted a meeting, including electronic meetings. The law did not address e-mail or chat rooms. He advised councilors that a quorum of the council in a chat room discussing public business constituted a violation of the law. Conversely, back-and-forth e-mail communications, including deliberation, do not violate the law. Mr. Klein noted the City’s system for sharing council e-mail with the public. He asked that the council avoid the use of private e-mail accounts when dealing with City business to ensure that proper records are kept, and reminded the council to alert Councilor Coordinator Lynda Rose when a confidential communication was sent so she can delete it from the public record. January 2006 Retreat City Manager Dennis Taylor anticipated the retreat would occur in January and asked councilors’ preference about scheduling the retreat on a weekend and their preferences for a location. He indicated that with council concurrence, he would check with,Julia Novak, the previous retreat facilitator, to see if she was available. The councilors generally favored holding the retreat on a Friday, although several indicated a willingness to attend on a Saturday or Sunday. Councilors did not object to Ms. Novak as a facilitator, although Ms. Taylor questioned the need for having a facilitator. Councilors had no particular location to suggest, although Mr. Kelly encouraged a location with the greatest public access, such as the Bascom- Tykeson Room at the Library. The council agreed that it would focus on progress review at the January retreat. City Manager Taylor indicated that a quarterly progress report on the council’s priority issues was available on the Web site. MINUTES—Eugene City Council November 21, 2005 Page 1 Process Session Protocol for Contingency Requests from Nonprofit Entities The council acknowledged that not all requests were from nonprofits, and it was noted that in the past, the council allocated $60,000 for such requests, which had been useful at times in leveraging other money. The council briefly discussed how the process worked in the past several years and the potential for establishing a grant fund with council-established criteria for allocation. There was general agreement that a process was needed. The council agreed to refer the issue and the suggestion for establishment of a grant fund to the Budget Committee for further discussion, which would also allow for public input. Scheduling Ongoing Issues Where No Action is Necessary Mayor Piercy sought direction regarding non-action items, asking when the council wanted to hear progress reports. Councilors discussed the current approach toward updates, which was to schedule a council work session or for staff to provide a memorandum. Councilors indicated interest in avoiding unnecessary work sessions, although Ms. Solomon suggested that informational work sessions, such as the one held on the Rivers to Ridges project, could be very useful. After a discussion of various approaches, including additional memorandum updates, City Manager monthly reports, written summaries, adding committee reports to each agenda, and open work session updates to provide an opportunity for council reaction and feedback, the council agreed to defer resolution of the issue to the City Manager and Mayor Piercy because it would likely affect the agenda-setting process. Mayor Piercy called for a brief meeting break. Policy Concerning Inviting People to Speak at Council Meetings Mr. Kelly spoke to the issue, noting that on occasion it was suggested that a person in the audience speak to the council to clarify a point. He suggested that the council needed to establish a policy addressing the issue because it did not behave consistently in the past when such situations arose. He added that he was unsure the council could do anything but prohibit the practice. Councilors were split on the subject, with Mr. Kelly and Ms. Taylor preferring an outright prohibition on such speakers because of other opportunities that existed outside of work sessions to speak, while other councilors, including Mr. Solomon, Mr. Pryor, and Mr. Poling, were not prepared to eliminate the potential if councilors were seeking clarification on a point and the response could help them make a decision. Ms. Solomon did not think the issue arose frequently enough to be a problem. Ms. Ortiz indicated she also wanted to be able to ask people questions at work sessions. Ms. Bettman expressed concern about equity of opportunity and the potential loss of control of meetings. She pointed out that those invited to speak would only represent their own point of view. She thought staff generally had responses to councilors’ questions. She also agreed people had other opportunities outside work sessions for input. Mr. Papé suggested leaving the matter to the discretion of the Mayor, although he did not want such speaking opportunities to become venues for lobbying. Mr. Kelly pointed out that people could provide information to the council in advance of a meeting. He advocated for a policy to guide the Mayor. Mr. Poling supported deferring the issue to the Mayor. MINUTES—Eugene City Council November 21, 2005 Page 2 Process Session Mayor Piercy observed that there appeared to be no consensus on the issue; some councilors supported an outright prohibition, while others preferred that people could be called on, depending on the circumstances. She determined there was support for giving her some discretion to make a decision. Discussion Regarding Council Meeting Times The council discussed a suggestion from Ms. Bettman to have extended Monday evening meetings and to no longer convene in work sessions on Wednesdays. After discussion about the impact of longer meetings, which some councilors believed could potentially affect councilor work schedules and council productivity, councilors agreed to retain the current meeting schedule for the time being. Ms. Taylor suggested the council consider changing Budget Committee meetings to daytime hours. Bringing Up, Deliberating, Noticing, and Voting on New Regulations, Measures, Resolutions, etc., at Council Meetings Mr. Pryor expressed a need for clarification in this area and asked if the council had an established policy. If not, he thought one was needed. He said the council often talked about the need for public input but items that he thought the public might want to weigh in on were raised and voted at a meeting with virtually no input. He pointed out that bringing up a new issue during committee reports at a council meeting meant that the public did not receive notice. He acknowledged that councilors had the right to make motions without notice to the public, but he questioned whether that was what it should do as a general practice. Ms. Bettman observed that sometimes when there is no staff-recommended motion in the Agenda Item Summary (AIS) it becomes apparent that staff wants action or definitive direction from the council. In those cases where staff seeks a definitive direction, it should include a motion for consideration in the packet. She believed that if staff expected the council to take a vote, a motion should be included in the AIS. In those cases, she added, at least the public would be aware that the council intended to discuss the topic. She pointed out the council’s notification process for an intent to make a motion, and said she was not sure how to involve the public in that process, or if the council could include the public in every decision. Mr. Kelly noted that the council’s process regarding its intent to offer a motion at a meeting should be codified in the operating agreements. There was general agreement. City Manager Taylor noted the council’s rule related to motions on page 7 of the operating agreements. Mr. Kelly believed that frequently, issues require quick action and may not be scheduled in a timely way. He invited ideas on how to get information out to the public and suggested that councilor motions be posted on the City’s Web site. He also pointed out that motions could be tabled. He acknowledged the distinction between motions during a work session and motions during committee reports, and agreed that the AIS for agenda items scheduled for work sessions should include a motion if staff wanted direction. He said a suggested motion was a red flag to the public that action could occur. Ms. Solomon referred to the recent memorandum from the Police Commission requesting council action, which was raised during committee reports and made her feel “put on the spot.” She believed the issue deserved a more robust discussion than it received. She thought the same was true of the council’s recent discussion on “upzoning” and establishing a Ballot Measure 37 Fund. Ms. Solomon believed that topic was so significant it also warranted a public hearing. She asked how the council could avoid such situations in the future. Mr. Poling said that he was sometimes unable to get to his computer to check mail before meetings, and was MINUTES—Eugene City Council November 21, 2005 Page 3 Process Session uncomfortable taking action without discussion. He wanted to limit the number of such situations and focus on the agenda. He agreed that staff needed to indicate what direction or action it needed the council to take in the AIS. Ms. Taylor said that sometimes work sessions were more like study sessions, and she did not think that significant decisions should be made at work sessions. Further, she did not think that councilors should be required to notify people in advance of meetings if they intended to make a motion. She agreed with the remarks of Ms. Solomon regarding the Police Commission memorandum and said she had not felt comfortable taking action either. She agreed with Mr. Kelly that such motions could be tabled. Mr. Papé thought the council and public needed advance notice of such motions and thought posting motions on the Web site would be a good solution. Speaking to the statements that such motions could be tabled, he pointed out that he attempted to do so several times without success, frequently for items that were not time- sensitive and could have waited. Ms. Ortiz agreed that the council should not be voting on issues it had not discussed before. However, she assumed all councilors were getting the same information and had the same access to staff. Mr. Pryor indicated that he did not want to slow down the public process and acknowledged that emergen- cies occur. However, he said, the motions being made were not related to emergencies. He said that proposed motions should be in the meeting packet whenever possible as the council’s e-mail communications did not reach the public. He also thought most motions should be reserved for regular meetings as opposed to work sessions. City Manager Taylor said that work sessions were generally opportunities for the council to give direction to staff and that usually took the form of motions. He said that when councilors provided notice of anticipated motions, it allowed the appropriate staff to be present at council meetings. He anticipated that workshops would not include suggested motions for action. Ms. Bettman said staff-recommended motions should be in the packet. However, she did not think Mr. Pryor’s suggestion was practical for most council-proposed motions given that the packet was mailed the Thursday prior to council meetings. She said that the council’s protocol during her tenure had been that councilors had the right to make a motion on any topic at any time. She saw no reason to change the current approach, which took into account the time limitations faced by the council. She said that the agenda could be modified with a disclaimer that indicated action might not be limited to the published agenda. Speaking to the issue of the Police Commission memorandum, Ms. Bettman said that the motion was a recommendation clarifying next steps in the process so when the council did take action, it would have the needed information. Mr. Kelly agreed with the remarks of Ms. Bettman. He said the majority of work sessions do include a motion for direction to staff. He said his motions were a direct result of packet review. Speaking to the issue of councilors not being able to review their e-mail prior to a meeting, he reminded the council that staff solicited councilors as to their preferred mode of communication. Mr. Pryor said his goal was to avoid having the council in a situation where it was making major decisions with a significant impact on the public without any public input or worse, any notice of the decision at all. He wanted to avoid the perception, factual or not, that people thought the council was acting out of the public eye. MINUTES—Eugene City Council November 21, 2005 Page 4 Process Session Ms. Bettman pointed out that the Ballot Measure 37 Fund was previously discussed by the council and a public hearing would occur before the council took any action. She did not think that councilors generally took action without public input as most times issues come back to the council at the regular meetings. Mayor Piercy moved the discussion on to the next topic. Voting in the Absence of Councilors Mayor Piercy sought clarification of Section 5 of the council’s operating agreements regarding the circumstances under which a councilor could request that action on an item be postponed. She wished to avoid the appearance of acting in an arbitrary manner. Mr. Kelly said that he was satisfied with the current council policy. He asserted that by council custom, such requests were made because of conflicting council business or because of family emergencies. He said key to him was that such requests were made as early as possible. Ms. Solomon did not think the policy should be limited in the manner suggested by Mr. Kelly. She said that the policy had not been abused, and she thought the council should be flexible. Mr. Poling pointed out to Mr. Kelly there was no language in the policy limiting such requests in the manner he suggested. He recalled his request to the manager that in his absence, action be postponed on the Goal 5 inventory. The lateness of his request was due to the fact that he had been waiting for some information he had not yet received. He said that the Goal 5 project was a 20-year process and a small delay would not have been a problem. He requested council flexibility in honoring such requests. Ms. Taylor said the Goal 5 process had been postponed already, and it had been underway “forever.” She thought such requests should be made sparingly. Mr. Papé disagreed with Mr. Kelly’s remarks about the council’s “customs.” He did not think the reason for one’s absence was relevant. He said that such requests should be honored because the process had not been abused. He was also frustrated when Mr. Poling’s request for delay was not honored, particularly with regard to the council’s boards and committees appointments, as the issue had not been time-sensitive. Ms. Ortiz said she was “here to work” and liked to get things done, but also wanted to be respectful of other councilors’ requests. She said that had she known of Mr. Poling’s discussion with the City Manager, she might have voted in a different way. However, there was no way for her to know that. Ms. Ortiz asked the council to avoid making the process into a political tool. Mr. Pryor suggested that any rule or custom was good as long as it was consistently applied. He agreed with Mr. Poling that the policy did not provide a requirement that one could only request a postponement because of family emergencies or council business. He suggested that if the council had the precedent of providing the courtesy of postponing action at the request of councilors who would be absent and subse- quently declined to do so, that stood out for people. He suggested the council keep in mind the Golden Rule. Ms. Bettman believed that past majority decisions about requests for postponement had been partisan in nature, recalling an instance when she requested a postponement and it was denied. She believed the policy had been enforced in a political way and the council should establish criteria related to illness or unavoidable obligations. She said she scheduled her vacations to coincide with council breaks. She called for a fair, consistent, and justifiable process. MINUTES—Eugene City Council November 21, 2005 Page 5 Process Session Mayor Piercy thought the current policy created an appearance of arbitrariness and asked the council to reach a decision that everyone understood and agreed with. Mr. Kelly said that while the policy as written was not ideal, he thought it was satisfactory and believed it would be very difficult to draft criteria. He suggested that the issue was really one of mutual respect and being attentive to the public. He noted that he did not base his requests on any scheduled vote, but rather on his interest in the topic. He wished Mr. Poling had raised the issue of his potential absence earlier. Mr. Poling pointed out that he brought it up in public at a council meeting and it was reflected in the minutes. Ms. Taylor advocated for leaving the policy as it was, but to use it sparingly and to show respect. Mr. Pryor summarized the discussion, saying he believed he heard that the reason for an absence was not germane to the request to postpone action, that the council should honor such requests, and that they should provide the council with notice of the request as early as possible. Mayor Piercy suggested that there could be differences of opinion as to the timeliness of an action, and said the councilors should not take a council decision to act in their absence personally. Mr. Papé suggested that Mayor Piercy should announce a councilor’s request for postponement publicly at the beginning of the relevant item. Mayor Piercy adjourned the meeting at 8:17 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Kimberly Young) MINUTES—Eugene City Council November 21, 2005 Page 6 Process Session Eugene City Council Request to Speak Form Public ForumPublic Hearing ?? (general comments at start of meeting) (refers to a specific topic on agenda) Regarding Regarding Please complete this form before the agenda item is being discussed. Forms for the Public Forum must be submitted not later than 15 minutes after the meeting has been called to order or before the end of the forum, whichever comes first. Forms for any Public Hearing must be submitted by the time the hearing is called by the Mayor. Deliver this form to the staff person at the information table at the north end of the Council Chamber. You will have three minutes to speak unless informed otherwise. When your name is called, please step up to the podium and provide your name and address. Speak directly into the microphone. Lights on the podium let you know when you have 15 seconds remaining (yellow light) and when your time is up (red light). Forms will not be accepted after the deadline. Please refer to the reverse side for additional information on the Public Forum and Public Hearing. Please Print Name (Also spell your name as it sounds, if it is difficult to pronounce.) Address Phone City State Zip Date Would you like to be on our mailing list and receive notices of openings on various City of Eugene boards, commissions or committees? If so, please complete the information below. Please indicate (up to five) your area of interest(s). ?? Airport Land Use ?? Cultural Services Library ?? Downtown Eugene Neighborhood/Community Development ?? Economic Development Parks and Open Space ?? Environmental Recreation ?? Financial Matters Public Safety ?? General Government Transportation ?? Housing Youth Issues ?? Do you reside within the Eugene city limits? Yes No Daytime Phone Evening Phone Fax E-Mail ?? Are you currently a member of a City of Eugene advisory committee?Yes No If yes, which one? PLEASE SEE REVERSE FOR INFORMATION REGARDING THE PUBLIC FORUM AND PUBLIC HEARINGS L:\CMO\2006 Council Agendas\M060417\S060417A-attD.doc INFORMATION REGARDING THE PUBLIC FORUM AND PUBLIC HEARINGS The Mayor and City Councilors appreciate citizen participation when conducting the City’s business. To facilitate that process, and to ensure that all persons who wish to participate are given an opportunity to do so, please observe the guidelines and procedures regarding the public forum and public hearings listed below. PUBLIC FORUM The Public Forum has been established by the City Council to allow the public to address it on any topic. Section 1.05 of the Council’s Operating Agreement states: “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 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.” PUBLIC HEARINGS Public hearings are held on ordinances being considered by the City Council. Section 1.06 of the Council’s Operating Agreement states: “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. 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.” HOW TO PARTICIPATE IN PUBLIC FORUMS 1. The Public Forum is held at each regular meeting of the Eugene City Council. 2. The Public Forum shall be limited to 30 minutes, unless a majority of the council vote to extend the time allotment. 3. The Mayor and/or City Council may ask questions at the end of the Public Forum. EXCEPT 4. The Public Forum is used to present information to the Council on any topic, a. an item scheduled for a public hearing on the current agenda; b. an item which has been heard by a Hearings Official. 5. Each person wishing to speak must complete a “request to speak” form. 6. All “request to speak” forms for the Public Forum must be turned in not later than 15 minutes after the start of the meeting or before the end of the forum, whichever comes first. 7. The Mayor or presiding officer will announce the final opportunity to submit request to speak forms. HOW TO PARTICIPATE IN PUBLIC HEARINGS 1. Public hearings will be held on ordinances being considered by the City Council. 2. Public hearings are to address the specified topic or proposal of the hearing. 3. Speakers will be limited to three minutes unless a majority of councilors present vote to modify this limit. 4. The Mayor and/or City Council may ask questions at the end of the Public Hearing. 5. Each person wishing to speak must complete a “request to speak” form. 6. All “request to speak” forms for a public hearing must be turned in prior to the beginning of the Public Hearing. 7. The Mayor or presiding officer will announce the final opportunity to submit “request to speak” forms. L:\CMO\2006 Council Agendas\M060417\S060417A-attD.doc EUGENE CITY COUNCIL OPERATING AGREEMENTS Resolution Number 4828 Adopted March 7, 2005 INTRODUCTION The Municipal Charter of 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 noon., 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 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)E.C. 2.007 (3) Eugene City Council Operating Agreements – March 7, 2005 Page 1 of 12 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 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 Eugene City Council Operating Agreements – March 7, 2005 Page 2 of 12 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. 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. 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 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. 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 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 Eugene City Council Operating Agreements – March 7, 2005 Page 3 of 12 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. 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. PLACING ITEMS ON COUNCIL AGENDA 2. 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 responds 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 Eugene City Council Operating Agreements – March 7, 2005 Page 4 of 12 The City Manager shall continue to place routine and standard items of Council business on the City Council agenda. ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 3. 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. COUNCIL ACTION ON AGENDA ITEMS 4. 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)). POSTPONING AGENDA ITEMS 5. Eugene City Council Operating Agreements – March 7, 2005 Page 5 of 12 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. COMMITTEES OF THE COUNCIL 6. 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; and 4) the Human Rights Commission. 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 Eugene City Council Operating Agreements – March 7, 2005 Page 6 of 12 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 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 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 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. COUNCILOR REQUEST FOR STAFF ASSISTANCE 8. 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 staff time is spent. 8.03 Tracking Council Requests Except for routine inquiries, the City Manager shall respond to councilors’ requests for Eugene City Council Operating Agreements – March 7, 2005 Page 7 of 12 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. 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 Mayoravoid 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. Eugene City Council Operating Agreements – March 7, 2005 Page 8 of 12 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 delegate,” that is, to represent pertinent adopted city and 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 Council policy and direction. Participating in state and national groups such as the League of Oregon Cities and the National League of Cities present the opportunity to enhance skills and knowledge, and are important avenues 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, provide 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 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 Eugene City Council Operating Agreements – March 7, 2005 Page 9 of 12 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 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 No. 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. 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. Eugene City Council Operating Agreements – March 7, 2005 Page 10 of 12 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 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. 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 dais; 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 Eugene City Council Operating Agreements – March 7, 2005 Page 11 of 12 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 – March 7, 2005 Page 12 of 12