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Resolution No. 85-79 CITY OF TIGARD, OREGON RESOLUTION NO. 85--12- A RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING POLICY AND ADMINISTRATION PROCESS RULES. — WHEREAS, the City Charter states that: "Except as this charter provides otherwise, all powers of the City shall be vested in the council"; and WHEREAS, City Charter and Code also provide: for other officers and appointed officials of the City to carry out the administration or the Council policy "as the Council deems necessary"; and further, that the office of City Administrator was established to be "the chief administrative officer or the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political consideration"; and WHEREAS, an informed public is essential in assisting the Council. and administrator as they carry out their duties in serving the public; and, Further, whereas ORS _ 142.420-440 provides for the "inspection of public records" during "usual business hours" without "interference with the regular discharge" of duties; and WHEREAS, the Council., Administrator and public desire City policies and programs that are fair, efficient, effective, productive, timely and courteous; but, whereas these common goals are sometimes in conflict and functions u•,clear; and WHEREAS, the Council finding th,-sit there is a need to review and clarify the City's policy and 'administration process, and to establish rules to carry out Council. - intent. NOW, THEREFORE BE IT RESOLVED by the Tigard City Council: Section 1. POLICY AND ADMINISTRATION. The following rules for the conduct of City policy and administration are hereby adopted. The City Council. hereby restates its intent that Council shall set the policy, direction and goals for the City and that the City Administrator shall be responsible and accountable to the Council as a whole for implementing policy and goals per Council direction. Section 2. COUNCIL-ADMINISTRATOR. The Council agrees to direct its concerns and communications to the administration through the City Administrator, giving as much information as possible to ensure a thorough response. The Council agrees to the principle of non-interference in the administration as necessary to the orderly and efficient implementation of Council policy. Councilors are encouraged to maintain open and candid communication with the City Administrator, both as a group and individually in one-on-one meetings. Requests for legislative consideration may be initiated by any individual Council member and will be r_sponded to by the City Administrator consistent with resources and priorities, or referred by the City Administrator to the Council as a whole for consideration. Section 3. COUNCIL-STAFF. If the City Administrator should be unavailable, councilors are to contact the affected department head, who will later discuss the concern with the City Administrator. Councilors will not contact staff below the department head level as this disrupts work, confuses priorities and leads to incomplete responses. To assure a timely and complete response of the highest priority, staff shall refer all Council inquiries immediately to the department head or City Administrator. Resolution No. 85- Page 1 Section 4. PUBLIC INFORMATION_ All citizen requests for information shall be. treated alike as a high priority item consistent with City resources. Staff shall respond to citizen requests in a uniform and timely fashion per the provisions of State Law and City procedure. Section 5. COUNCIL_ AGENDAS. The Council agenda shall be set by the Mayor assisted by the City Administrator and City Recorder. Once set, the agenda may be amended by Council motion. Official communications or requests for an item to be discussed by the Council are to be set for an agenda. Councilors will suggest or refer agenda items to the Mayor or City Administrator so a staff report can be prepared prior to Council consideration. Agenda "cut--off dates" are !O days prior to the meeting unless otherwise, set by Council. motion. Last minute "acid ons" to the agenda from council, sLafi, �r- public are discouraged, but may occur by Council (notion. Council., staff and public are all encouraged to identify their concerns to the Mayor or Administrator before a council meeting so the matter can be set on an agenda. Section b. ENFORCEMENT_ Council, staff and public are expected to .onduct themselves according to this policy and administration resolution. Public conduct shall be governed by the chair and may include physical removal from a meeting. Staff conduct shall be governed by administrative rule and disciplinary procedure. Council conduct shall be governed as follows: a.) All violations by councilors of the policy and administration rules must be reported to the Mayor, or if the violator should be the Mayor, the violation shall be reported to, and handled by, the Pres'iden't of the Council who shall proceed according to the provisions of this resolution; b.) A first violation shall result in a private review of the rules and intent between the Mayor and offending councilor; C.) A second violation shall be reported to the Council at a public meeting, and may result in public censure; d.) A third violation shall be reported to Council at a public meeting, and after review and findings, may result in public censure, loss of city paid meeting allowances or city paid benefits. Section 7. RIGHTS AND RESPONSIBILITIES. The City policy and administration process is intended to provide fair, open, efficient and effective city government to the Tigard community. Respect for conflicting view points, courtesy between all parties and 'timely decisions are all essential to the process. The Council, staff and public must all. abide by their- mutual. rights and responsibilities if the community interest is be best be served. PASSED: This yL�LL_ day of _���f���/L 1985. 3 � — City of Tigard ATTEST: / Deputy City Recorder — City of Tigard Resolution No. 85zz — Page 2