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City Council Packet - 06/02/1998AGENDA ROLL CALL AND CALL TO ORDER II. DISCUSSION: COUNCIL GROUNDRULES AND PROCEDURES Ili. ADJOURNMENT `6'IGARD CI'T'Y COUNCIL MEETING - JUNE Z, 1998 - PAGE 1 TIGARD CI'T'Y COUNCIL SPECIAL MEETING MINUTES June 2, 1998 1. Roll Call > Meeting was called to order at 5:30 p.m. by Mayor Jiro Nicoli Agenda Item N®. Meeting of -7-al-11% > Council Present: Mayor Jim Nicoll, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan H. DISCUSSION: COUNCIL GROUND RULES AND PROCEDURES Biel Monahan, City Manager, led the discussion on the Council ground rules and procedures. He referenced his May 29 memo that listed seven points for Council consideration and incorporated Councilor Hunt's comments regarding inconsistencies between the written documents, past practices and present practice. Mr. Monahan addressed the issue of who should appoint the Finance Officer: the Council, the Mayor or the City Manager? He noted the applicable Charter, Code, and 1987 Board and Committee workbooks sections which were inconsistent in listing who appointed the Finance Officer. He reviewed the confusion that existed on exactly who was the Finance Officer, given the changes in personnel and job titles over the years. He concluded that the Finance Director was the Finance Officer. The Council discussed the pros and cons of sending a Charter amendment to the people at this time to clarify this situation or to only change the Municipal Code. Mr. Monahan raised the first issue for consideration: the Council/Mayor role. Councilor Hunt expressed his frustration with the lack of clear direction on what the role of a Councilor was in working with committees as the Council representative. He cited the Cook Park Committee, asking when his role as Council representative ~x is over, now that the Committee has completed its task and sent the matter on to the staff level (yet the committee was never officially disbanded). He asked for clarification on what a Councilor's relationship was with staff in regard to the Councilor as the Council liaison to a committee. Ise asked how much should he be involved in the details of the WWSA in working with staff. Mayor Nicoll commented that his management style was in:ormal. He said that he believed that any Councilor who saw a problem on a committee would bring it to the Council's attention for discussion. Hv. said that he was not opposed to g;ving clear written direction on a Councilor's role and authority as the Council liaison when a committee was set up. Councilor Rohlf spoke to implementing a formal ending to a committee when its task was done or a discussion on what to do next. He commented that he depended heavily on the Council CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 1 Liaison to present the issues and controversies of a particuiar committee. He said that he would rather have the Council Liaison hear the detaiis from staff regarding his committee because those details might trigger a red flag for the Councilor that they would not necessarily do for staff, who looked at things from a different point of view. Councilor Moore commented that he also depended on the Council Liaison to keep him informed on specific committee issues, and to return to Council if a decision or controversy arose that required a decision by the Council as a whole. The Council discussed adding an agenda item that allowed more in-depth Council Liaison reports than the brief opportunity at the beginning of dhe meeting. They agreed that sometimes deciding when to bring something back to Council was a matter of judgment in the individual situation. The Council discussed how to handle the formation and dispersion of a committee. They agreed that Council should set a goal for each committee. Once the committee's task was done, then the committee either be disbanded or the Council sets a new goal for the committee. Mr. Monahan commented on the value of the Councilor's perspective as a member of the committee on the staff work done after the committee completed has its charge. The Council discussed what the role of a Councilor was in relation to the staff work done on the committee's project, speaking to the Cook Park Committee's task in particular. They agreed to reconvene a committee on an occasional basis, after its task was completed, in ordsr to inform the committee members on the progress of the project and to explain the reasons behind any changes made by staff. Mr. Monahan commented that the Councilor became the City spokesperson whom the committee members could call with questions regarding the staff work. Councilor Hunt commented that a Councilor could tell a committee that he would recommend the Committee's action to the Council but he could not make a commitment without talking to the Council as a whole. Mr. Monahan asked if the Council Liaison should also be the contact person with the media. The Council discussed referring media people who wanted the City position on an issue to the department manager or Councilor who knew the most about the issue. Mayor Nicoli said that he felt comfortable referring the media to the person whom the Council put in charge of an issue/committee. The Council discussed the importance of being very clear on when a Councilor was expressing his personal opinion and when he was giving the City Council's position. Councilor Rohif pointed out that the Mayor was the figurehead for the City and would be contacted mo°t frequently regarding the City's position on issues. The Council returned to the discussion of a separate agenda item for the longer Council liaison reports. They agreed to retain the agenda item for Council Communications/Liaison Reports at the beginning of the meeting and to add a new agenda item just before Non-Agenda items for the longer Council Liaison reports. Mr. Monahan said that staff could include a list of the known committef, assignments with that agenda item. CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 2 Mr. Monahan asked if the Council Liaison should also be the contact person for other governmental bodies or leave it to staff. The Council agreed that staff should serve as the contact point with other governmental agencies. Councilor Rohlf mentioned that the primary person assigned by Council as the Council liaison to a committee remained the City representative, even when another Councilor attended the committee meeting. Mr. Monahan reviewed the elements in the discussion that could be compiled into a guideline for the responsibilities of the Council Liaison to a committee. These included the following: • to participate in the committee's meetings; • to represent the Council's position rather than his personal position; • to report to Council on the committee's activities • to bring key issues to Council for direction before stating the Council position on a given issue; • to be the point of contact for the committee and the staff, • to represent the committee with the media; • to clarify to the committee (in conjunction with staff) what the future steps would be, once the work was completed; and • Other Councilors were invited to attend committee meetings but the voting and spokesperson role remained with the designated representative. Councilor Moore spoke to the issue of Council allowing staff to finish their staff reports before asking them questions. Councilor Moore asked what the Council's role was in relation to the day-to-day operations of the City, what the staffs role was, and whether or not Council was making decisions that were better left to the professional staff who had expertise. Mr. Monahan said that often staff brought an issue to Council to get guidance on what particular direction to take. The Council agreed that they should police themselves in their conversations with staff and back off when they were getting into the details better left to the professional staff. They discussed the City Manager's role in those situations. The Council discussed staff presentations. Mr. Monahan mentioned that he had staff working on making more concise and informative presentations. He said that staff expected the Council to read the agenda packets to get the detailed information, as they would present only a brief background, the key issues, and the decision Council needed ±o make. Councilor Moore spoke to a staff summary that stated what the staff recommendation was and the reasons behind it as opposed to a detailed history of the item. Mr. Monahan noted that the documentation was part of the record, given to Councilors for their information. He mentioned 6e cover sheet which identified the issue, t'he decision, and the implications of the decision. CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 3 Mr. Monahan noted that they have discussed the Council/Mayor role, Council appointments, and the role of the Council representative to a committee or intergovernmental agency board. He raised the next issue of Conduct of Council meetings. The Council agreed to maintain the current practice of rotating the voting order at each meeting and keeping the voting order throughout the meeting. The Council discussed how to handle Council discussion. They agreed to continue their current informal practice of letting any Councilor talk when he wanted to with the Mayor prompting discussion if necessary. The Council discussed whether or not the Mayor was allowed to make a motion. Mr. Monahan said that there was nothing in the written documentation prohibiting the Mayor from doing so. Mayor Nicoli said that he had been advised by a former Mayor to make very few motions, advice that he considered good advice because of public perception. Mr. Monahan reviewed language suggested by Councilor Hunt to clarify the responsibilities of the Mayor or the Council President as the Presiding Officer, including a statement that the Presiding Officer should not be deprived of any of the rights and privileges of a Councilor but neither would he have any more or less authority than any other Councilor with regard to conducting the business of the City. The Council agreed that the Mayor was an equal member of the Council. Councilor Rohlf pointed out that while the Mayor had no more actual authority than any other member of Council, he did have more apparen! authority because of his position as figurehead for the City. The Council discussed who made the Commission, Board and Committee appointments: the Mayor or the Council. Mayor Nicoli mentioned that the City Attorney's opinion had been that the Mayor appointed the person who would represent the Council on a task force but all other appointments were done by the Council as a whole. The Council agreed that the inconsistencies between the Charter, the Code, and the Rules of Council needed to be cleaned up. Mayor Nicoli spoke for the Council voting on all appointments. The Council agreed that Mr. Monahan should use Councilor Hunt's language on the appointment process as he saw fit in drafting consistent language for the Charter, the Code, and the Rules of Council, based upon the Council's discussion. They agreed that the Council made the appointments. They agreed to put the Charter housekeeping amendments on the November ballot. Mr. Monahan reviewed the appointment process for the positions and committees I sted in the Charter. The Council agreed to kc--p the language specifying that the appointment and removal of the Municipai Court Judge and the City Recorder was done by the Mayor with prior consent of the majority of the Council. They agreed to change the language : egarding the Library Board appointments to be consistent with present practice: the Council was the appointing authority. The Council agreed that the appointment or removal of the Finance Officer should fall under the City Manager's jurisdiction. They agreed to change the City Attorney, the Building Appeals CITY COLJNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 4 Board, the Planning Commission, and the Budget Committee to appointment by the Council. a J CM LL, J The Council discussed the interview process described in the Council handbooko in and ho Advisory on interviews. They worked with the appointment d one other Councilor) or dot the Board and Mayor's Council (the Mayor an agreed to change the language to state that the Advisory Council's recommendation would be brought to the Council who would make the appointments. > Mayor Nicoli recessed the meeting for a break. > Mayor Nicoli reconvened the meeting. topics and Mr. Monahan mentioned the last two items: study session cs were clearly outlned in the statute Executives to Session topics. He noted that Executive Session topics 's o what was appropriate. He recommended holding a training help thesession Counc 1 sel piolicettheir closedce to review the appropriate Executive Session topics to session discussions and avoid getting into open session discussion. cutive Session pic of another governmental Councilor Rohlf asked if he could discuss the rEivlonahan said thatomatter should be handled on a committee in Tigard's Executive Session. M work agency other of the poin case-by-case basis in order to avoid harmin orkethen the matter could be discussed in opent that once that committee had completed their w session. Councilor Scheckla expressed concern withE g cuitive Sesseontaftesthe Coun clt tudyksess on has public to leave the conference room for the ot think that the inconvenience already started. Mr. Monahan said that h ubld unto the onferen euroom feltor the study Sess onsin spoke to the importance of allowing the p order to avoid the appearance of "backroom politics." when Mr. Monahan explained that study sessions e of Executive Session privilegemWorkshops ere Council and staff discussed things that tpic. S Hblended the two e said that st ff used thet the second Council meeting of the month. He commented depending on which agenda had the time necessary yet lly formed and for a workshop to bring items to Council that weelne t referred to ch dule d scussionshNith otherd further clarification or direction. in addition, p governmental bodies during workshops. Mr. Monahan explained that study sessions o ebefore o hear prior to that even g's mee ngc He noted Session information which the Council that they have also used them toaccommodate r for Agenda Rev ewh Ha mentioned that Attorney's advice on an item coT P . the agenda packet so that expected the Council to call them before the meeting 't quest-.ors on the they could get the information or make the appropriate person available at meeting. Mr. Monahan mentioned his understanding that the Council did not want to use the study session CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 5 for a proxy vote but to have the full topic discussion during the regular meeting. Councilor Hunt spoke strongly in support of holding full discussions during the regular session. He contended that the public saw these study session discussions in the conference room as "backroom politicking." He held that the physical setting in the conference room was uncomfortable for the public and not encouraging to their attendance. The Council discussed when full discussion of a topic should occur. The Council agreed to set a ground rule that in the pre-Council meeting study session, any Councilor could call a point of order to stop discussion because he/she felt it was more appropriate to discuss the matter in the Council session. The Council would cease the discussion and determine by majority Council consent whether it was appropriate to continue the discussion or hold it for regular Council session. During the Council session on the item, the City Manager or the Mayor would briefly state the fact that the Council discussed the item in study session, and the key points of the discussion. Mr. Monahan commented that staff occasionally had to place an action item on a workshop agenda but they always got Council's permission in advance, and they did not intend it to become a routine practice. Councilor Hunt noted some ground rules that were inappropriate for this particular Council. The Council agreed that Mr. Monahan would edit the rules to remove the negativity from them. The Council discussed when to hold a Council ground rules review for each new Council. They agreed to schedule an annual ground rules review and revision at the July or August workshop, and to review the rules at a study session for the benefit of new Councilors. Mr. Monahan noted Councilor Hunt's suggestion to add a statement clarifying that in the Board and Committee appointment process, the Council would follow an advertising process (as staff presently did). Councilor Hunt explained that he raised the issue in order to correct the statement that the Council asked the committees to make recommendations, which the Council did not do. Mr. Monahan commented that Board and Committee recruitment was a process rather than a Council ground rule. The Council discussed their ability to work as a team for the benefit of the community. III. Non-agenda items Mr. Monahan reported that staff received a letter from a citizen supporting Tigard using Portland water as a result of the Oregonian's recent article about Portland's proposal to use Bull Run water as the region's water supply in future , He pointed out that the article only presented Portland's side of the issue. He noted an article last week in which C-reg Knokes reported on the Consortium's meeting, and that Tigard was not the only community raising questions about the cost and implementation of Portland's proposal. Councilor Rohlf contended that Tigard was not doing a good job yet on public relations regarding their water options. Mr. Monahan advised that Kevin Hanway of Tualatin Valley Water District is making an effort for positive media coverage. CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 6 Councilor Hunt pointed out that Tigard has not agreed to Portland's proposal, as Portland claimed. He mentioned that it was likely to take Portland 10 to 15 years to get the plant designed and built, provided they could even get the environmental permits (which was not a sura thing). He noted that although Tigard residents thought they have been drinking Bull Run water for years, in fact they have only been drinking it for the last couple of years. Prior to that, Tigard got water from out of the river. Councilor Rohlf spoke to informing Tigard citizens that the City did not own any water rights but was trying to obtain some. If they did not do this now, the opportunity would be gone forever. He suggested emphasizing more strongly the fact that Portland fought other agencies getting water from somewhere else because they would lose their low water rates which the other agencies currently subsidized. Councilor Hunt pointed out that the newspaper article cited Portland residents as opposing this project because building a higher dam to accommodate the other jurisdictions would raise their rates. These citizens favored letting other jurisdictions get their water from the Willamette River because that would not raise their rates. Mr. Monahan concurred with Councilor Roh'.f that it was important to get their message across to the public. He mentioned that the water meeting at the high school was staged with Portland not letting Tigard staff talk, even though the people wanted to hear them. Councilor Moore commented that the people who turned out on an issue were generally those who opposed it. Consequently an agency rarely heard the favorable point of view, even though the majority probably favored a project. Councilor Scheckla asked about Wilsonville. Mr. Monahan said that he has instructed Mr. Wegner to inform Wilsonville that if they wanted to hear about Tigard's plans, then they should speak to the Tigard staff directly and not to Murray Smith & Associates, a consultant. Tigard staff was willing to attend a Wilsonville Council meeting to discuss their water plans. IV. ADJOURNMENT: 9:00 p.m. William A. Monahan, City Mapager CITY COUNCIL MEETING MINUTES - JUNE 2, 1998 - PAGE 7 Date: -7.1,2 / /UY CITY OF TIGARD, OREGON AFFIDAVIT OF NOTIFICATION In the matter of the proposed -1)0-1~ C' STATE OF OREGON ) County of Washington) ss City of Tigard I, ~/t r 2 LU hkQtLI:!;L , being first duly swom, on oath, depose and say: That I notified the foll wing persons b phone or personal contact of the Notice of Special Meeting for the Council Meeting of <e?e? ~ , a copy of said written notice being hereto attached and by reference made a part hereof on thec - day of , 192L". 17 CONTACT METHOD: PFIONE PERSONAL DATE TIME Tigard Times Reporter at//684-0360 Cli' Name: Oregonian Reporter at 2 8861 or 639 867 Name: Pd 'At /C,/ O v low ~~/Cq q A?y //'/Y 0 ayl. Subscribed and sworn to before me this \ day of , 19 OFFICIAL SEAL 01 3 M JO ANN HAYES NOTARY PUBLIC-OREGON Notary U lic for Oregon COMMISSION NO. 042148 MY COMMISSION EXPIRES MAY 05, 1999 N I .7 ry My Commission Expires:, AA4 l 0rdm%cathyUtMoUfoc NOTICE OF SPECIAL COUNCIL MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Creek Conference Room 13125 SW Hall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on Tuesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon. The purpose of the meeting is to discuss Council Groundrules and Procedures. For further infoimation, please contact City Recorder Cathy Wheatley by calling 639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder c: Kari Hastings Arguedas Tigard Times ( Fax No. 620-3433) Emily Tsau c/o Metro S (Fax No. 968-6061) Post: City Hall Lobby Date of Notice: May 29, 1998 iAadm\cathy\cca\notice2.doc NOTICE OF SPECIAL COUNCIL MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Creek Conference Room 13125 SW Hall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on Tuesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon. The purpose of the meeting is to discuss Council Groundrules and Procedures. For further information, please contact City Recorder Cathy Wheatley by calling 639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder c: Kari Hastings Arguedas Tigard Times ( Fax No. 620-3433) Emily Tsau c/o Metro SW (Fax No. 968-6061) Post: City Hall Lobby Date of Notice: May 29, 1998 i : \ad m\cathy\cca\notice2. doc 05/29/98 11:06 '&503 684 7297 CITY OF TIGARD Q001 ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 3046 CONNECTION TEL 620 3433 CONNECTION ID TIGARD TIMES START TIME 05/29 11:05 USAGE TIME 00'43 PAGES 1 RESULT OK NOTICE OF SPECLAL COUNCIL MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Creek Conference Rooan 13125 SW Hall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on Tuesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon. The purpose of the meeting is to discuss Council Groundrules and Procedures. For further information, please contact City Recorder Cathy Wheatley by calling 639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder NOTICE OF SPECIAL COUNCIL MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Creek Conference Room 13125 SW Hall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on Tuesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon. The purpose of the meeting is to discuss Council Groundrules and Procedures. For further information, please contact City Recorder Cathy Wheatley by calling 639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder c: Kari Hastings Arguedas Tigard Times ( Fax No. 620-3433) Emily Tsau c/o Metro SW (Fax No. 968-6061) Post: City Hall Lobby Date of Notice: May 29, 1998 is\adm\cathy\cca\notice2. doc 05/29/98 11:12 e503 684 7297 CITY OF TTGARn Nhnn , ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 3048 CONNECTION TEL 9686061 CONNECTION ID START TIME 05/29 11:12 USAGE TIME 00'34 PAGES 1 RESULT OR NOTICE OF SPECIAL COUNCIL MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Greek Conference Room 13125 SW Fall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on 'T'uesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon„ The purpose of the meeting is to discuss Council Groundniles and Procedures. For further information, please contact City Recorder Cathy Wheatley by calling 630o-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder NOTICE OF SPECIAL C^iIN%, MEETING June 2, 1998 - 6:30 p.m. Tigard City Hall - Red Rock Creek Conference Room 13125 SW Hall Boulevard Tigard, Oregon Notice is hereby given that the Tigard City Council will hold a Special Meeting on Tuesday, June 2, 1998, at 6:30 p.m., at the Tigard City Hall in the Red Rock Creek Conference Room, 13125 SW Hall Boulevard, Tigard, Oregon. The purpose of the meeting is to discuss Council Groundrules and Procedures. For further information, please contact City Recorder Cathy Wheatley by calling 639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon. City Recorder c: Kari Hastings Arguedas. Tigard Times (Fax No. 620-3433) Emily Tsau c/o Metro SW (Fax No. 968-6061) Post: City Hall Lobby Date of Notice: May 29, 1998 iAadm\cathy\cca\notice2.doc MEMORANDUM TO: Honorable Mayor & City Council FROM: Bill Mo RE: June 2, 1998 Special Council Meeting & Materials DATE: May 29, 1998 On May 19, 1998 I distributed to you various City documents and materials for review prior to our special meeting of June 2. I suggested within that memo that any Council members with proposed changes to the Council Groundrules or other materials should provide them to me so that I could prepare a revised draft of the materials. I received some comments on the materials and clarification of some of the issues, which individual Council members wish to discuss at the Special Meeting. The issues raised, did not bring me to the point of being able to prepare a marked up copy of any document for Council discussion on June 2. Rather, what I have is a series of items which require Council discussion to lead to clarification and understanding. I have attempted to collect the issues into several distinct areas for discussion. Although these don't have to be the only areas discussed on June 2, they are the ones that I have heard raised in the comments from Council. They are as follows: 1. Councilor/Mayor role. 2. Appointments - Boards, Committees, Council Liaisons. 3. The role of the Councilor Representative to a Committee or Intergovernmental board. 4. Conduct of Council meetings. 5.• Voting order at Council meetings. 6. Study Session and Workshop meeting appropriate topics. 7. Executive Session topics. The topics are discussed below in the order presented above. If any Council member has additional topics to raise prior to the Study Session meeting, please contact me so that I may develop information for discussion. 1. Councilor/Mayor role. Our City charter notes that all powers of the City are vested in the Council (Chapter III, section 6). The Mayor and Council all have similar qualifications of office (Chapter III, section 12). The duties of the Mayor and City Council are similar except for those specific responsibilities which are delegated to the Mayor and, in his or her absence, to the president of Council. Section XVII of the Charter notes that the Mayor is the chair of the Council and presides over its deliberations. The Mayor Special Council Meeting - June 2, 1998 - Page 1 has a vote on all questions brought before the Council. If the Mayor is physically or mentally unable to perform the functions of the office, the President of Council acts as the Mayor pro tem (Section 18). Chapter V Section 20 spells out the powers and duties of the Mayor. Specifically, the Mayor appoints committee's provided by the rules of the Council. The Mayor also signs all approved records of proceedings the Council and countersigns all order on the treasury. He or she has no veto power and signs all Ordinances passed by the Council. The Mayor also has responsibility to authenticate any bonds passed by the City Council. Under our form of government, the Mayor is one of five Council members having an equal vote on all matters coming before the Council. As the presiding officer of the meetings, the Mayor is responsible for conduct of hearings. The Mayor can upon his or her own motion, or at thc request of three members of the Council, call for Special Meetings of Council. During Council meetings, the Mayor presides over deliberations and has a vote on all questions brought before the Council. Therefore, it falls upon the Mayor to follow the agenda, conduct public hearings, close hearings, call for Council deliberations, and move the Council toward decisions. Our charter, City code, and Groundrules do not prohibit the Mayor from making motions, seconding motions, participating in discussion, or voting on matters. Some municipalities, through their charters, limit their Mayor to vote only on matters which preside on a tie vote. We have no such restriction. To clarify our practice, Councilor Hunt has submitted language for consideration. This language could be added to Exhibit "A" City Council Groundrules and Agenda Process. It could be inserted into page 1 titled "Council/Mayor Roles" Councilor Hunt's proposed language reads: "The mayor, or in the absence of the mayor, the council president, shall be the presiding officer at all meetings. The presiding officer shall conduct all meetings, preserie order, enforce the rules of the council and determine the order and length of discussion on any matter before the council, subject to these rules. The presiding officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a councilor. The mayor shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the city manager, and all documents shall be attested to by the city recorder. The mayor shall appoint the committees provided by the rules of council. In all other actions, decisions, and other matters relating to the conduct of business of the city the mayor or president shall have no more or less authority than any other council member. For the purposes of this written procedure any reference to the council (unless otherwise specifically noted to the contrary) will include the mayor, president, and council members." 2. Appointments. As my May 19, 1998, memo noted, Chapter V section 20 of the chapter provides that the Mayor shall appoint the committees provided by the rules of the Council. The memo also points out that the Tigard Municipal Code provides for other specific responsibilities of the Mayor as follows: 1. Section 2.16.020 provides that appointment and removal o~ the Municipal Court Judge is by the Mayor, with prior consent of the majority of the full Council. 2. Section 2.36.030 provides that the Mayor, subject to confirmation by the City Council, may reappoint members of the Library Board or appoint new members to the Board. Special Council Meeting - June 2, 1998 - Page 2 3. Section 2.56.010 provides that appointment and removal of the recorder is by the Mayor, upon the advice of the city administrator (manager) and requires the prior consent of the majority of the full Council recorded at a public meeting. 4. Section 2.58.010 of the Municipal Code provides that appointment or removal of the finance officer is by the Mayor upon the advice of the city administrator (manager) and requires the prior consent of the majority of full Council recorded at a public meeting. 5. Section 2.60.010 notes that the City Attorney is appointed by the Mayor with the consent of Council. Apr,;intment or removal of the attorney by the Mayor requires the prior consent of the majority of the full Council recorded at a public meeting. The issue that has been raised to my attention is the question of appointments to committees that don't fall under the definition of "committees provided by the rules of the Council." That is, appointments to advisory committees, Council Liaisons to committees, Council members appointees to the regional committees. It appears that there should be some discussion by the Council of how such appointments should be handled in the future. Later in this analysis I will speak of responsibilities to committees. One issue that arises here is a question of how long a Council member serves on a board or committee and what his or her responsibilities are. A second question was raised from page 4 of "Exhibit A," the Groundrules. It is stated that the Mayor and one council member serve as the Mayor's Appointed Advisory Committee. The rules do not clearly state that the function of the Advisory Committee is to "recommend" people for membership boards rather than "appoint" them. Following is the text of the comment that Councilor Aunt submitted to me on this issue. Council should discuss the comment and consider ways to clarify cur intern. "In the City of Tigard Resolution No. 95-53 (regarding council ground rules) page 3 there appears to be an inconsistency with the council hand book. The hand book states the Mayor will appoint the committees provided by the rules of Council. The resolution states "POLICY REGARDING INTERRELATIONS BETWEEN THE CITY COUNCIL AND ITS APPOINTED COMMISSION, BOARDS OR COMMITTEES (hereafter referred to as `Boards' in a further paragraph it state "The Mayor and one Council member will serve on the Mayor's Appointment Advisory committee for the purpose of interviewing potential board members." It does not state their recommendations will be brought to the council for approval. The inconsistency is in the resolution the mayor will make committee appointments. In the hand book committees are lumped in with commissions and boards where the applicants for vacancies are to be reviewed by the Mayor and one council member. The hand book (and possibly the resolution) should be more specific (and inconsistent) as to which vacancies the Mayor has the authority to fill and which ones are recommended to the council." 3. Role of Council Representative to Committee or Intergovernmental Group. Frequently the City Council will appoint a Council member to serve as the Council's representative to a group such as the Parks Advisory Committee, Southwest North Dakota Task Force, or some other City created entity. In other instances a Council member is appointed to serve on .a regional committee such as the Washington County Cooperative Library Board, the Washington County CDBG Committee, MACC or some other group. The length of appointment has normally been as long as the member of Council is interested in serving. Periodically, staff prepares a list of current appointments and presents the list to Special Council Meeting - June 2, 1998 - Page 3 Council for review. If a Council member wishes to change his or her assignments, Council usually works out an arrangement. In the case of a City created committee such as the Southwest North Dakota Task Force, there is usually a time frame in which the group works. Therefore, at the time that the group concludes its efforts, the assignment of the Council member ceases. In the past we have not consistently concluded committee activities by making a formal action to disband the committee. We did that with the Tree Task Force, but not in the case of the Southwest North Dakota Committee. Another example is the Parks Advisory Committee on which Councilor Hunt and Mayor Nicoli serve. There is some question whether those assignments continue today. Staff has continued to list Councilor Hunt and Mayor Nicoli as the representatives to that group as the master planning efforts for the City park system have not been concluded. Several questions arise as to the role of a Council member appointed to such a committee. Among the questions requiring discussion are the following: 1. What is the length of the appointment and how is a Council member relieved from the assignment? 2. How should the Council member report to the remainder of the Council on the activities of the committee? 3. Should the City staff working on a project related to the committee communicate directly with the Council representative of the committee before making full reports to Council? 4. Are all outside agency contacts to the committee which normally would go through a Council member directed through that Council member? The issue here is, some contacts from other cities or Districts historically contact the Mayor rather than inquiring as to who on the Council is the lead Council representative. What should the protocol be? 5. Is the Council representative the spokesperson for the Council on matters related to that committee activity particularly with the media? Councilor Hunt has submitted a suggestion that a new paragraph be added to Exhibit "A," the Groundrules addressing the role of a councilor appointed to a committee. His suggestion, submitted for Council consideration and discussion, is as follows: "A new paragraph should be added as to appointments of council members to committees. A completely new document should be designed for these appointments. A discussion of the position and the appointment should be transacted by the council and a verbal resolution of the position and staff be given instructions to complete the document and bring it back to the council for their approval at a future council meeting. The document should contain a complete description of the committee assignment including (but not limited to): 1. The purpose of the committee and the anticipated goals it will produce. 2. The duties of the council member - ie a. Is the council member the chair of the committee b. Is the council member's purpose to convey the Council's position in deliberations or to try to influence the outcome. c. How much authority does the council member have in committing the city Special Council Meeting - June 2, 1998 - Page 4 d. Is more than one council member on the committee and, if so, what is the relationship of the authority of each. e. A well-defined set of perimeters as to the scope of the assignment. Provisions should be included that the committee person come back to the city to increase the scope of the assignment if the need for the increase becomes apparent with the proceedings of the committee. f. Most committee assignments are until the purpose for which the task force is formed is completed. The procedure should state the time length of the assignment, which may be until the committee reports back to the council. The council should formally dissolve the committee when its task is complete." A meeting format change could enhance information sharing by Councilors. Within our present agenda format we have a place at the beginning of the Council meeting for Council Liaison Reports. In the past, Council members have used this portion of the meeting as an opportunity to report on significant activities of their committees. I have heard some sentiment that we could create a standing agenda item after Visitors Agenda where each Council member could be either requested to or required to report on all committee assignments. With a formal time on the agenda, all Council members could be kept informed of committee activities. If Council wishes to make such a change, staff can change the meeting format. 4. Conduct of Meetings Resolution 95-53 Exhibit "A" established a policy of the City Council concerning conduct of City meetings. Attached is a copy of the Resolution as well as a marked up version which I have prepared to identify typographical corrections and other minor adjustments. If Council wishes to revisit some of the Groundrules, our meeting on June 2 would be an appropriate time for that discussion. 5. Voting Schedule - In the past, there has been some question whether there is a protocol on the order of Council members stating their positions on an issue or voting. Page one of Exhibit "A" under the item labeled "roll" call notes that roll should be called in alphabetical order by last name. Each meeting, the order of voting changes. By alphabetical order our voting would be Hunt, Moore, Nicoli, Rohlf, and Scheckla. Under our rules, the first meeti--g made up of our five Council members would have Councilor Hunt voting first on all votes during that meeting. At the next meeting, however, Councilor Hunt would be the last person to vote as Councilor Moore would be the first person voting during that meeting. In this way, no Councilor member is always in the position of having to vote first. If Council would like to expand the protocol to have a similar procedure for Council members giving input at deliberations, one could be developed. At this time, there is no set protocol during Council deliberations. The Mayor often asks for Council comment and the first person who speaks up has the opportunity to make the first statement. Then, other Council members and the Mayor have a chance to state their position. If Council would like to modify voting or comments during the deliberations, we can discuss options. 6. Study Session - Workshop Topic Our Groundrules on page 3 note that Workshop meetings are regular meetings where Council reviews and discusses. agenda topics with no intent of deliberating towards their final decision during the meeting. In the past, we have used Workshop meetings for discussing in a p.`.iminary fashion items which later will come before Council for decisions. Staff will often float ideas on issues before Council to get some direction on how to pursue ordinance drafting, solutions to problems or other issues to come before Council Special Council Meeting - June 2, 1598 - Page s at a later date. In addition, we've used Workshop Meetings to have guest speakers present information to Council or we have used these meetings for training sessions. The Study Session portion of the meeting, the hour before a Business Meeting, is intended as a time for Council members to receive training, raise issues about items on the evening's agenda, or sometimes to meet with City Board and Committee members. The Workshop meetings are also used for regular meeting vrith boards and committers or outside agencies such as he school district. Some concern has been raised about the subjects discussed at Study Sessions. There is a concern that there is the appearance that some decisions are made during Study Sessions which more appropriately should be made in the public setting. It appears that it would be valuable to discuss Study Sessions and define more specifically what are appropriate topics for Study Sessions. We could add a section to the Groundrules which is similar to the Workshop Meeting section, the section could be used as a guideline in future meetings. 7. Executive Session Topics - The City is governed by statute on what topics are Executive Session privilege. Once Council goes into Executive Session and discussion begins on appropriate topics there is a danger that discussion could lead into non-privileged areas. If this is a concern of Councilors, we could ask our City Attorney to be extremely careful to interrupt discussion wherever appropriate. Perhaps an upcoming training session with the City Attorney's office could focus on Executive Session topics so that Council members as well as the City Attorney are versed on appropriate topics and Council can self-police in this area. I welcome your comments either before or during the June 2 meeting. AuWjczsicx\contW=o.doc Special Council Meeting - June 2, 1998 - Page 6 r, 46 rvi ~ K l~YO( up (-0/7 EXHM "Jkff CIITy COUNCIL GRflM AND A PROCBS3 The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The groundrules describe the process followed by Council in scheduling and conducting meetings. Conduct of City Mee, tings_ ® Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. ® The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. ® Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. Roll Call: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall voted second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of that meeting. Page i The Chair, or other members if the Chair falls to remember, shall call for a Point of Order at or around 10 p.m. to review remaining items on the agenda with the Council. The Councu may reset or reschedule those itoms which it feels may not be reached prior to the regular time of adjournment ® The regular time of adjournment shall be 11 p.m. unless extended by majority consent of all Council members then present if not continued by majority consent, then the meeting shall be adjourned to either the neat scheduled meeting or the meeting shall be continued to a special meeting on another date. s Definitions - Meeting Types: > BUSUMS Nn' TIlMGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordin ces, r~soJutions & conducting public hearings. Business meeting~fT usually televised. (See Figure 1) Business meetings are generally scheduled to begin at 7:30 p.m. with a Study Session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which" also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. The "Visitor's Agenda" is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council. Council may decide to refer Issue to staff and/or schedule the topic for a later Council meeting. P Page 2 > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop weeiBigs are not scheduled to 102 talevised. Workshop agenda items are generally topics which Council is receiving j - ✓ preliminary Information and providing direction for further analysis and staff Information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees. Appropriate topics for Workshop meetings include: - Introduce a Topic: Staff will bring up new items to determine whether Council w is to eaNtertain further discussion and ~sc~.sf~on whether to schedule an item on a future agenda. - Educational Meetings - review research information presented by staff, consultants, or task forces - usually as a process check; i.e., on the right "track"?oy,.as pj cP^^°~+~~i-u C& - Meet with individuals from other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). - Administrative Updates: Items such as calendar information, scheduling preferences, process checks. POLICY REGARDING INTER.RMTIONSIIIPS 13ETWEEN THE CITY COUNCIL AND ITS APPOINTED COMMISSIONS. BOARDS OR COM 1I'ITEES (hereinafter referred to as "Boards" ® It Is Council policy to make known to the public, by notice in local newspaper(s), of the occurrence of vacancies on ~ oards for the purpose LI/ of informing persons who may be interested in appointment. ® Council will entertain suggestions from each Board for candidates to be considered for appointment to vacancies. It shall be the responsibility of each Board to be aware of vacancies and to submit its suggestions to the Council in a timely fashion. Page 3 1 ® Council will entertain regular representation by persons outside the City on those boards which provide for such non-city membership. ® Ite Mayor and one Council member will serve on the Mayor's Appointment Advisory committee for the purpose of interviewing potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. A Councilors are encouraged to maintain open communications with the City r, both as a group and individually in one-on-one sessions. ® Councilors are encouraged to direct inquiries 4hought the City r, giving as much information as possible to ensure a thorough response. In the absence of the City n r, Councilors are encouraged to contact t e Assistant to the City A the absence of both the city and the Assistant to the Gity Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Adndnfsft*W. h^ r,h I., & ® Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. ® The agenda cycle calls for submittal of Jtems 10 days in advance of a meeting. Add-ons are to be minimized `Vadouts distributed at the start of meetings except Executive Sessions e Staff will schedule items allowing time for staff research and the agenda cycle deadlines. ® D*-nQt assume staff is guilty until proven innocent. Page 4 • Surprises should be avoided, especially if they appear intended to embarrass or discredit ! Councilors, ind staff should prepare in advance of public meetings and issuesiresented in packets. • Council is supportive of the role staff should play In offering professional recommendations. Staff is aware of Council's right to make final decisions. All recognize the ;need to respect the messenger. Communications Among Councilors • Add-on-Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. • Councilors are encouraged to suggest agenda topics at the bench or to contact the City r about scheduling an item Anto the Tentative Agenda. ® Requests for legislative action of Council may be initiated by an individual Councilor during a Council meeting. The City -A respond to the request consistent with resources and priorities, or refer to Council as a whole. ~r.•.~c„r. or a~lw("1 M~f • Councilors lry to avoid behavior which tends to embarrass or discredit, even if unintentional. Communications with_CommunitviGeneral Public 4-11 • Councilors and eneral Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. ® "O~,~communication should come through City Hall and be provided by the. Direct submittal or inquiries to the Council or individual Councilors should be referred to the AdauLqietratav, or Councilors may ask the ,Administrator to look into an issue. rmY r`"' *VW Ct-(,t AIP%-er5eh Page 5 e ® Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the-Aftyoz!z Office. c {Y M ,q N "3 « s General Councilors are always Councilors In the eyes of the Administration, never simply private citizens. ® Information that "affects" the Council should go to Council. The City M ~H to AdudalsUator is to decide on "gr~ areas," but too much information is preferable to too little. ® Budget cuts or Increases mean policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving Staff full opportunity to provide data clearly defining impact. ® If Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. Councilors and the City agree to report and discuss any contact which might affect labor relations with the entire Council in Executive Session. h.-'.la ~nleuD7ue~ronnd.cnl Page 6 CITY OF TIGA.R', OREGON RESOLUTION N0. 95-53 RESOLUTION ESTABLISH2NG POLIO'! OF TI~W CITY COUNCIL R.EGARDI~FG COUNCIL GROUNDRULES CONCERNING CONDUCT OF CITY MEETINGS; I_J:%_'ZZ ELA'I'20NSHrPS 9E7AEr J THE C-77 COUNCIL AML ITS APPOIWI. ED BOARDS; COMMUNICATIONS BETWEEN CIT'! COUNCILORS, CITY ADMINISTRATOR & STA.'=F; COMMUNICATIONS AMONG COUNCILORS; COMMUNICATIONS WITH TArE CCMI~4GN2 ="!/GE.~dE.~.'4L PUBLIC; PLUS COMMUNICATION P1.ROCEDUZrS ICJ GZNE tAr (Sum-ERSEDI-JG R SOLUTION NOS. 94-35, 81-114A, 77-91, AAVD 75-30) WHEREAS, the Tigard City Council reviewed Council Ground_rules, :cluding Council agenda and meeting process on August 1, 2.995; and WHE_'i S, the Council updated the procedures of operation and the mar.ner in which it is to conduct business; and WFEE-REAS, it is the desire of the Cit.., Council to supersede previous resc_•~tions is the record as acted is the Resolution Title above. ,NCW, BE 2T R SOLV?D by the Tigard City Courc'_? t=at : Szc_-on The City Cour_c__ herebv adonts the C:zunci Ground_ulas descr_bed :n Exchibic "A" at ed _a.,r. PASS'E'D: T:24S U daV Ci D 95 . , C-4--v- of car.. li=i 01An The following information Is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The groundrules describe the process followed by Council in scheduling and conducting meetings. Conduct of City Meetings ® Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. ® The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. ® finless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. Roll Call: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council, person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall voted second and so on in a rotating fashion. It is the intent that the voting order remain rated for each meeting and that a different Council person shall vote last during each separate meetliq for the duration of that mewing. gage 1 r. - ® The Chair, or other members If the Chair fails to remember, shall call for a Point of Order at or around 10 p.m. to review remaining Items on the agenda with the Council. The Council may reset or reschedule those Items which it feels may not be reached prior to the regular time of adjournment ® The regular time of adjournment shall be 11 p.m. unless extended by majority consent of all Council members then present. If not continued by majority consent. then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. ® Definitions - Meeiug Types: > BUSDMSS MEETY GS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are usually televised. (See Figure 1) Business meetings are generally scheduled to begin at 7:30 p.m. with a Study Session preceding the Business Meeting at 6:50 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Se: pions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. The "Visitor's Agenda" is a regular feature an the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council Council may decide to refer issue to staff and/or schedule the topic for a later Council meeting. Page 2 > WORKSHOP MEETING. Workshop meetings are regular meetings where Council reviews and discusses agenda topics - with no intent of deliberating toward a final decision during the meeting. Workshop meetings are not scheduled to be televised. Workshop agenda Items are generally topics which Council Is receiving preliminary information and providing direction for further analyses and staff information gathering for a later business meeting Workshop topics may also include discussions with standing boards and committees. Appropriate topics for Workshop meetings include: Introduce a Topic: Staff will bring up new Items to determine whether Council wants to entertain further discussion and whether to schedule as an Item on a future agenda. Educational Meetings - review research Information presented by staff, consultants, or task forces - usually as a process check; Le., on the right "track"? Meet with Individuals from other jurisdictions to discuss items of common Interest (examples: other Councils, the School District; and other offlcials~ Administrative Updates: Items such as calendar information, scheduling preferences, process checks. POLICY REGARDING INTERRELATIONSHIPS BETWEEN THE CITY COUNCIL -0D-MS- APPOINTED CONESSIONS. BOARDS OR COMMITTEES fliereinafter referred to as "Boards" ® It is Council policy to make known to the public, by notice in local newspaper(s), of the occurrence of vacancies on its boards for the purpose of informing persons who may be interested in appointment. ° Council will entertain suggestions from each Board for candidates to be considered for appointment to vacancies. It shall be the responsibility of each Board to be aware of vacancies and to submit its suggestions to the Council in a timely fashion. Page 3 ® Council will entertain regular representation by persons outside the City on those boards which provide for such non-city membership. ® The Mayor and one Council member will serve on the mayoes Appointment Advisory committee for the purpose of interviewing potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Communications Between City Councilors. City Administrator and Staff ® Councilors are encouraged to mainf.ain open communications with the City Administrator, both as a group and individually In one-on-one sessions. ® Councilors are encouraged to direct inquiries thought the City Admiubtrator, giving as much information as possible to ensure a thorough response. ® In the absence of the City Administrator, Councilors are encouraged to contact the Assistant to the City Administrator. In the absence of both the City Administrator and the Assistant to the City Administrator, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquires with the City Administrator. ® Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. ® The agenda cycle calls for submittal of items 10 days in advance of a meeting. Add-ons are to be minimized, and handouts distributed at the start of meetings, except Executive Sessions. ® Staff will schedule items allowing time for staff research and the agenda cycle deadlines. • Do not assume staff is guilty until proven innocent. Page 4 ® Surprises should be avoided, especially If they appear Intended to embarrass or discredit. Councilors and staff should prepare in advance of public meetings and issues presented in packets. ® Council is supportive of the role staff should play in offering professional recommendations. Staff Is aware of CounciPs right to make Gnat decisions. All recognize the need to respect the messenger. Communications Among Councilors ® Add-on :9genda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. Councilors are encouraged to suggest agenda topics at the bench or to contact the City Administrator about scheduling an item Into the Tentative Agenda. ® Requests for legislative action of Council may be initiated by an individual Councilor during a Council meeting. The City Administrator will respond to the request consistent with resources and priorities, or refer to Council as a whole. ® Councilors try to avoid behavior which tends to embarrass or discredit, even if unintentional. Communications with Community/General Public ® Councilors and General Public are reminded of the Agenda cycle and cut-off dates. :administrative staff is available to explain how pubLc issues are handled and how citizen input may be ac-Complished. ® "Official" communication should come through City Hall and be provided by the Administrator. Direct submittal or inquiries to the Council or individual Councilors should be referred to the Administrator, or Councilors may ask the Administrator to look into an issue. Page 5 ® Official "press releases" are encouraged, both to assure accura±e reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the Mayor's Office. General ® Councilors are always Councilors In the eyes of the Administration, never simply private citizens. ® Information that "affects" the Council should go to Council, The City Administrator is to decide ou "grey areas," but too much Information is preferable to too little. ® Budget cuts or increases mean policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving Staff mill opportunity to provide data clearly defining impact. ® If Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment, ® Councilors and the City Administrator agree to report and discuss any contact which might affect labor relations with the entire Council in Executive Session. 1L'100nm2shrccZmund.M Page 6 CITY OF TIG.APD, OREGON RESOLUTION NO. 95-53 A RESOLUTION EST_ABLISr_=NG POLIO: OF .FE CITY COUNCIL R GARDIVG COUNCIL GROUNDRULES CONC RNING CONDUCT OF CITY MErTINGS; ZNTER..LA:'IONSHIPS HET11TEEN THE CITY COUNCIL P.ND ITS T-°DOINTED BOARDS; COMMUNICATIONS 3ET'r]EExq CITY COUNCILORS, CITY ADMINISTRATOR & STAFF; COMMUNICATIONS AMONG COUNCILORS; COMMUNICAITIONS WITTY TcT.E CCMML-N:?"!/GE.VE.~~L PUBLIC; PLUS COMMUNICATION PROCE-DUKES I_N GzNERA_*. (Sum-ERSEDING R=SCILUTION !JOS. 94-35, 81-114A, 77-91, 2uM 75-30) W'r7REAS, the Tigard City council revi.eaed Council Gr oun d--ales, including Council agenda and meeting process on August. 1, 1995; and W-'rREAS, the C-.unc_1 updated the procedures of ooerat:on and the manner in which it is to conduct business; and --rRE-~-S r it is the desire of the clty Counc l t.7 SL•-per52d2 Jra't7.Ct1S resC_•.2nicns in the record as nCted t.:~ lut7o- T'tl e Reso _ above. NCW, T:WREFCRE, Szct•_cr_ _ . PASSED : BE IT R.:SCLVzD by the Tigard City Cour_c:l that: Th= City Cour-ci- hereby adopts the Ccunc_' Ground=i-, deSC__ ;ed E,-chi b4 C "A" ac- _a• e^ cr_ re i:C . This I U b l gay c f ©GC.c X95. C=ty of __garb "A" CITY COMM CROUI4 DMM AND AAA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The groundrules describe the process followed by Council In scheduling and conducting meetings. . Conduct of City Meetings ® Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. ® The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. ® Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. ® Roll Calh The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote Is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall voted second and so on in a rotating fashion. It is the intent that the voting order remain filed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of that meeting. Page 1 The Chair, or other members If the Chair fails to remember, shall call for a Point of Order at or around 10 p.m. to review remaining Items on the agenda with the Council. The Council may reset or reschedule those Items which it feels may not be reached prior to the regular time of adjournment. The regular time of adjournment shall be 11 p.m. unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. ® Definitions . Meeting Types: > BUSDMS MEETDiGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are usually televised. (See Figure 1) Business meetings are generally scheduled to begin at 7:30 p.m. with a Study Session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study Sessions are open to the public. All Council meetings. are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. The "Visitor's 4a-enda" is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council. Council may decide to refer issue to staff and/or schedule the topic for a later Council meeting. Page 2 > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics, with no intent of dellberating toward- a final decision during the meeting. Workshop meetings are not scheduled to be televised. Workshop agenda Items are generally topics which Council Is receiving preliminary information and providing direction for further analyses and staff information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees. Appropriate topics for Workshop meetings include: - Introduce a Topic: Staff will bring up new Items to determine whether Council wants to entertain further discussion and wi2ether to schedule as an item on a future agenda. Educational Meetings - review research information presented by staff, consultants, or task forces - usually as a process check, Le., on the right "track"? Meet with individuals from other jurisdictions to discuss items of common Interest (examples: other Councils, the School District, and other of8cials~ Administrative Updates: Items such as calendar information, scheduling preferences, process checks. POLICY REGARDING INT .ELATIONSHIPS BETWEEN THE CITY COUNCIL AND ITS .APPOINTED COMMISSIONS. BOARDS OR COMMITTEES {hereinafter referred to as "Boards" ® It is Council policy to make known to the public, by notice in local newspaper(s), of the occurrence of vacancies on its boards for the purpose of informing persons who may be interested in appointment. ® Council will entertain suggestions from each Board for candidates to be considered for appointment to vacancies. It shall be the responsibility of each Board to be aware of vacancies and to submit its suggestions to the Council in a timely fashion. Page 3 Council will entertain regular representation by persons outside the City on those boards which provide for such non-city membership. ® The Mayor and one Council member will serve on the Mayor's Appointment Advisory committee for the purpose of interliewing potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Communications Between City Councilors. Cite Administrator and Staff ® Councilors are encouraged to maintain open communications with the City Administrator, both as a group and individually In one-on-one sessions. Councilors are encouraged to direct inquiries thought the City Administrator, giving as much information as possible to ensure a thorough response. ® In the absence of the City Administrator, Councilors are encouraged to contact the Assistant to the City Administrator. In the absence of both the City Administrator and the assistant to the City Administrator, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Administrator. Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. ® The acrenda cycle calls for submittal of items 10 days in advance of a meeting. Add-ons are to be minimised, and handouts distributed at the start of meetings, except Executive Sessions. ® Staff will schedule items allowing time for staff research and the agenda cycle deadlines. ® Do not assume staff is guilty until proven innocent. Page 4 V ® Surprises should be avoided, especially If they appear Intended to embarrass or discredit. Councilors and staff should prepare In advance of public meetings and issues presented in packets. ® Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Councirs right to make final decisions. All recognize the need to respect the messenger. Communications Among Councilors Add-on-Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda Is not appropriate. Councilors are encouraged to suggest agenda topics at the bench or to contact the City Administrator about scheduling an item Into the Tentative Agenda. Requests for legislative action of Council may be initiated by an individual Councilor during a Council meeting. The City Administrator will respond to the request consistent with resources and priorities, or refer to Council as a whole. • Councilors try to avoid behavior which tends to embarrass or discredit, even if unintentional. Communications with CommunitvlGeneral Public ® Councilors and General Public are reminded of the agenda cycle and cut-aff dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. ® "Official" communication should come through City Hall and be provided by the Administrator. Direct submittal or inquiries to the Council or individual Councilors should be referred to the Administrator, or Councilors may ask the Administrator W look into an issue. Page 5 ® Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the Mayor's Office. General Councilors are always Councilors in the eyes of the Administration, never simply private citizens. ® Information that "affects" the Couneii should go to Council. The City AdmLuistrator Is to decide on "grey areas," but too much Information is preferable to too little. Budget cuts or Increases mean policy decisions. Budgets wild not be cut "piece meal" or "across the board." but rather should be made in service or program areas, giving Staff fall opportunity to provide data clearly defining Impact. If Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. ® Councilors and the City 3dffiinistrator agree to report and discuss any contact which might affect labor relations with the entire Council in Executive Session. hado~atcuh7tee~onnd..~1 Page 6 TIGARD MUNICIPAL CODE CITY CHARTER CHARTER of the C1TY OF TIGARD OREGON Referred to the voters and adopted November 6, 1962 (Amendments through November 5, 1996 Election) Effective January 1, 1963 Chapter I NAME AND BOUNDARIES Section 1. TITLE OF ENACTMENT. This enactment may be referred to as the City of Tigard Charter of 1962. Section 2. NAME OF CITY. The municipality of Tigard, Washington County, Oregon, shall continue to be a municipal corporation with the name "City of Tigard". Section 3. BOUNDARIES. Section 5. CONSTRUCTION OF CHAR'I'ER. In this charter no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the City may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution. Chapter III FORM OF GOVERNMENT Section 6. WHERE POWERS VESTED. Except as this charter provides otherwise, all powers of the City shall be vested in the council. The City shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by voters, by the council, or by any other agency with legal power to modify them. The recorder shall keep at the city hall at least two copies of this charter in each of which the recorder shall maintain an accurate, up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the recorder. (Measure 34-58, November 5,1996 election, Res. 96-53). MAYOR COUNCIL FORM Chapter II POWERS Section 4 POWERS OF THE CITY. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities as fully as though this charter specifically enumerated each of those powers. Section 7. MAYOR AND COUNCIL The elective officers of the city shall be a mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a mayor shall be elected for a term of four years. No councilor shall serve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than eight consecutive yearn. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as mayor or councilor shall become a candidate for any city office for a berm which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office. A resignation submitted to satisfy this section shall not be withdrawn. A resignation shall be adequate for purposes of this section if it C-1 Rev.11/5/96 TIGARD MUNICIPAL CODE provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. In the event the office of mayc: or councilor becomes vacant before the normal expiration of its term a special election shall be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the state of Oregon and city ordinances not inconsistent with such election laws. The council may appoint a person to fill a vacancy until an election can be held. (Res. 93-63, May 17, 1994 election Measure 346, May 15, 1990 election: Measure 51, November 4, 1986 election Measure 51, November 5, 1985 election: Measure 53, November 2, 1982 election Measure 53, May 18, 1982 election). Section S. COUNCILORS. Section 10. OTHER OFFICERS. Additional officers of the City shall be a city manager, municipal judge, a recorder, a finance officer, and such other officers as the council deems necessary. Each of these officers shall be appointed and may be removed by consent of the council. The council may combine any two or more appointive city offices. The council may designate any appointive officers to supervise any other appointive officer except the municipal judge in the exercise of judicial functions. (Measure 34-58, November 5, 1996 election, Res. 96-53; Measure 52, November 5,1985 election). Section 11. SALARIES. The compensation for the services of each city officer and employees shall be the amount fixed by the council. Section 12. QUALIFICATIONS OF OFFICERS. The councilors holding office at the time of adoption of this amendment shall hold their offices for the balance of the terms for which they were elected or appointed and until their successors are elected and qualified. At each general election after this amendment takes effect, two councilors shall be elected for four-year terms, with the two candidates receiving the highest number of votes being elected to office. In the event a vacancy exists on the City Council and a special election is called to fill the vacancy as described in Section 7 above, the candidate receiving the highest number of votes in the special election shad be deemed elected for the remainder of the vacant positions term. (Measure 3457, November 5, 19% election, Res. 96-54; Measure 53, November 2,1982 election). Section 9. Repealed by Ordinance 72-16, Section 9, May 23, 1972 election. A qualified elector within the meaning of the State Constitution, who will have resided continuously for a period of twelve (12) months or more immediately preceding the election in an area which is within the corporate boundaries of the City as the same shall exist as of a date one hundred twenty (120) calendar days immediately prior to the date of the election (inclusive of all territory previously effectively annexed to the City), shall be eligible for an elective office of the City. The Council shall be final judge of the qualifications and election of its own members, subject, however, to review by a court of competent jurisdiction. Chapter IV COUNCIL Section 13. MEETINGS. The Council shall hold a regular meeting at least once each month in the City at a time and at a place which it designates. It shall adopt rules C-2 Rev-11/5/96 TIGARD MUNICIPAL CODE for government of its members and proceedings. The Mayor upon his own motion may, or at the request of three members of the Council shall, by giving notice thereof to all members of the Council then in the City, call a special meeting of the Council. In the event of the physical absence of the Mayor from the City, the Council President shall be empowered to call special Council meetings in the same manner as the Mayor may call such meetings. Section 17. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS. The mayor shall be chair of the council and preside over its deliberations. The Mayor shall have a vote on all questions brought before the council. (Measure 34-58, November 5, 1996 election, Res. 96-53). Section 18. PRESIDENT OF THE COUNCIL Special meetings of the Council may also be held at anytime by the common consent of all members of the Council or by the delivery of a request for a special meeting, signed by a majority of Council members, and delivered to the City Recorder and to remaining Council members and the Mayor, if they are then in the City. All meetings of the City Council shall conform to notice requirements consistent with state law. (Measure 53, November 5, 1985 election: Measure 59, May 18, 1982 election). Section 14. QUORUM. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance. Section 15. JOURNAL The Council shall cause a journal of its proceedings to be kept. Upon the request of any of its members the ayes and nays upon any question before it shall be taken, and a record of the vote entered in the journal. Section 16. PROCEEDINGS TO BE PUBLIC. No action by the council shall have legal effect unless the motion for the action by the council vote by which it is disposed of take place at proceedings open to the public. At its first meeting of each odd numbered year, the council by ballot shall choose a president from its membership. In the mayor's absence from a council meeting the president shall perform the duties of the office of mayor and preside over it Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor pro tem. (Measure 54, May 18,1982 election). Section 19. VOTE REQUIRED. Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council. (Measure 54, November 5, 1985 election). Chapter V POWERS AND DUTIES OF OFFICERS Section 20. MAYOR. The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury. The Mayor shall have no veto power and shall authenticate by signature all ordinances passed by the Council after being enacted. After the Council approves a bond of a City Officer or a bond for a license, contract, or proposal, the Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November 5, 1985 election). C-3 Rev.11/5/96 TIGARD MUNICIPAL CODE Section 20A. CITY MANAGER (1) The city manager shall be the administrative head of the government of the city. The office of city manager shall be filled by appointment of the city council The manager shall be the chief administrative officer of the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political considerations. Appointment and removal of the manager by the council shall require the prior consent of a majority of the full council recorded at a public meeting. The city manager shall serve at the pleasure of the council, and cause shall not be required for termination. (2) The manager shall: (a) Attend all council meetings unless excused by the council or mayor, (b) Keep the council advised of the affairs of the needs of the city; (c) See that the provisions of all ordinances are administered to the satisfaction of the council; (d) See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled; (e) Appoint, discipline and remove appointive personnel, except appointees of the mayor or council; (f) Supervise and control the managers appointees in their service to the city; (g) Organize and reorganize the departmental structure of city goverment:, _ (h) Prepare and transmit to the council an annual city budget; (j) Supervise operation of all city- owned public utilities and property, and (k) Perform other duties as the council prescribes consistently with this charter. (Measure 34-58, November 5,19% election, Res. 96-53). Section 21. MUNICIPAL JUDGE The municipal judge shall be the judicial officer of the City. The judge shall hold within the City a court known as the Municipal Court for the City of Tigard, Washington County, Oregon. The court shall be open for the transaction of judicial business at times specified by the municipal judge. All areas within the City shall be within the territorial jurisdiction of the court The municipal judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the City or as otherwise provided by state law. The judge shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the City, to commit any such person to jail or admit him or her to bail pending trial, to issue subpoenas, to compel witnes,ces to appear and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to issue and process documents necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court When not governed by ordinances or this charter, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts. Defendants in the municipal court charged with violation of city ordinances shall be entitled to a trial by jury as provided by state statutes. (Measure 34-58, November 5, 1996 election, Res. 96-53; Measure 55, May 18,1982 election). (i) Supervise city contracts; C4 Rev. 11/5/% TIGARD MUNICIPAL CODE Section 22. RECORDER. The Recorder shall serve ex officio as clerk of the Council, attend all its meetings unless excused therefrom by the Council, keep an accurate record of its proceedings in a book provided for that purpose, and be the City's election officer. In the Recorder's absence from a Council meeting, the mayor shall appoint a clerk of the Council pro tem who, while acting in that capacity, shall have all the authority and duties of the Recorder. (Measure 52, November 5,1985 election). Section 22A. FINANCE OFFICER Section 27. Repealed by Measure No. 56, November 5, 1985 election. Section 28. TIE VOTES. In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council. Section 29. COMMENCEMENT OF TERMS OF OFFICE. The Finance Officer shall be responsible for the administration of the City's fiscal functions and shall sign all orders on the treasury. (Measure 52, November 5,1985 election). Chapter VI ELECTIONS Section 23. ELECTIONS. Except as this Charter provides otherwise, and the Council provides otherwise by order, the general laws of the State of Oregon shall apply to City elections. (Measure 56, November 5, 1985 election). Section 2C Repealed by Measure No. 56, November 5, 1985 election. Section 25. Repealed by Measure No. 56, November 5, 1985 election. Section 26. Repealed by Measure No. 56, November 5, 1985 election. The term of office of a person elected at a regular city election shall commence the first of the year immediately following the election. Section 30. OATH OF OFFICE. Before entering upon the duties of their office, every officer shall take an oath or shall affirm that they will support the constitutions and laws of the United States and of Oregon and faithfully perform the duties of their office. (Measure 3458, November 5, 1996 election, Res. 96-53). Section 3L NOMINATIONS. A qualified elector within the meaning of the State Constitution, who will have resided continuously for a period of twelve (12) months or more immediately preceding the election in any area which is within the corporate boundaries of the City as the same shall exist as of a date one hundred twenty (120) calendar days immediately prior to the date of the election, (inclusive of all territory previously effectively annexed to the City), may be nominated for an elective City position. The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent C-5 Rev. 11/5/96 TIGARD MUNICIPAL CODE with state law. (Measure 56, May 18, 1982 election). Chapter VII VACANCIES IN OFFICE Section 32. WHAT CREATES VACANCY. (2) Any reading may be by title only (a) if no council member present at the meeting requests to have the ordinance read in full or (b) if a copy of the ordinance is posted in at least three public places within the city limits before it becomes law. (Measure 57, November 5, 1985 election). An office shall be deemed vacant upon the incumbent's death, adjudicated incompetence, conviction of a felony, other offense pertaining to his or her office, or unlawful destruction of public records, resignation, recall from office; or ceasing to possess the qualifications for the office; upon the failure of the person elected or appointed to the office to qualify therefor within ben days after the time for his berm of office to commence; or in the case of a mayor or councilor, upon his or her absence from the city for 30 days without the consent of the council or upon his or her absence from regular meetings of the council and upon a declaration by the council of the vacancy. (Measure 34-58, November 5, 1996 election, Res. 96-53). Section 33. Repealed by Measure 57, May 18, 1982 election. Chapter VIII ORDINANCES Section 34. ENACTING CLAUSE. The enacting clause of all ordinances hereafter shall be, "The City of Tigard ordains as follows:" Section 35. MODE OF ENACTMENT. (1) Except as paragraph (2) of this section provides to the contrary, every ordinance of the council shall, before being put upon its final passage, be read fully and distinctly once in open council meeting. (3) Repealed by Measure No. 57, November 5,1985 election. (4) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and recorded in the journal. (5) Upon the enactment of an ordinance the recorder shall sign it with the date of its passage and the recorder's name and title of office, and the mayor shall sign it with the date of signature, and the name and title of office of the mayor. (Measure 55, November 5, 1985 election; Measure 54, November 2,1982 election). Section 36. WHEN ORDINANCES TAKE EFFECT. An ordinance enacted by the council shall take effect on the thirtieth day after its enactment. When the council deems it advisable, however, an ordinance may provide a later time for it to take effect. In case of emergency, an ordinance may take effect immediately, provided that there is set forth in a separate section the reasons why it must become effective immediately. Chapter IX PUBLIC IMPROVEMENTS Section 37. CONDEMNATION. Any necessity of taking property for the City by Condemnation shall be determined by the council and declared by a resolution of the council describing the property and stating the uses to which it shall be devoted. C-6 Rev.11 / 5/96 TIGARD MUNICIPAL, CODE Section 38. IMPROVEMENTS. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general laws of the state. Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the council to be needed at once because of an emergency, shall be suspended for six months, upon a remonstrance thereto by the owners of two-thirds of the property to be specially assessed therefor. For the purpose of this section "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land sale contract or according to a verified writing by the record holder of legal title to the land filed with the city recorder, the said purchaser shall be deemed the "owner". Section 39. SPECIAL ASSESSMENTS. The procedure for levying, collecting, and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be governed by general ordinance. Section 40. BIDS. Except as provided or allowed by state law, all contracts for public improvements to be made by a private contractor shall be let to the lowest responsible bidder for the contract and shall be performed in accordance with plans and specifications approved by the council. The council shall have the right to reject any or all bids for public contracts. (Measure 51, November 2, 1982 election). MISCELLANEOUS PROVISIONS Section 41. DEBT LIMIT. Except by consent of the voters, the City's voluntary floating indebtedness for general city purposes shall not exceed the limits of state law. All city officials and employees who create or officially approve any indebtedness in excess of this limitation shall be jointly and severally liable for the excess. (Measure 58, November 5, 1985 election). Section 42. Repealed by Measure 58, May 18,1982 election. Section 43. EMSTING ORDINANCES CONTINUED. All ordinances of the City consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed. Section 44. TIME OF EFFECT OF CHARTER. This charter shall take effect January 1, 1963. URBAN RENEWAL CITIZENS RIGHT TO VOTE Section 45. The voters of the City of Tigard, exercising their powers as the ultimate governing body of the city as reserved to them by the ordinances of the city and by the Constitution and laws of the State of Oregon, do hereby find and determine that there no longer exists a need for an urban renewal agency in the city. Therefore, the Tigard Urban Renewal Agency, as established or activated, by Ordinance No. 8191, adopted in December, 1981, is terminated. The facilities, files and personnel (if any) of the Tigard Urban Renewal Agency shall be forthwith transferred to the city. The termination shall not affect any outstanding legal actions, contracts or obligations of said agency, and the city shall be substituted for said agency in respect thereto. If, at the time this section is adopted, termination of the Tigard Urban Renewal Agency is legally prohibited by any mandatory provision of controlling state law, the termination shall be postponed, until such legal impediment has been removed and shall then automatically become effective; and, in the interim pending the effective date of such C-7 Rev.11/5/96 TIGARD MUNICIPAL CODE termination, the city shall not authorize, approve or assist in the incurring of any new debt or obligation or in the performance of any portion of the urban renewal plan. (2) Issuance of Bancroft bonds (ORS 223.205 to 223 .295) in connection with assessments for local improvement districts, if such issuance is otherwise authorized by law. Section 46. Section 45 is and shall be deemed to be an ordinance of the city within the meaning of ORS 457.075. Therefore, Section 45 may be amended or repealed by non-emergency ordinance adopted by the City Council. The City Council may in the future activate, create, reactivate or recreate an urban renewal agency in the city in the manner provided for by law, subject to the limitations of Sections 47 and 48 concerning the methods for financing the activities of such an agency. Section 47. The city shall not approve an urban renewal plan or an amendment of an urban renewal plan if such plan includes tax increment financing as a permissible means of paying the debts and obligations of the agency unless, prior to the activation and implementation of tax increment financing, such method is approved by the voters of the city at a regular or special city election held in May or November. Section 48. Any urban renewal plan or amendment thereof hereafter proposed or adopted shall require that the plan, including the method of financing same, shall be approved by the voters at a regular or special city election in May or November, if such plan or amendment would or could involve the levying of a tax on properties outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the plan. Notwithstanding the foregoing, separate approval at an election is not required for. (1) Expenditures by the city, as distinguished from the urban renewal agency, which have been duly identified and included in a duly adopted city budget; or Section 49. As used in Sections 45, 46, 47 and 48: (1) "City" means the City of Tigard, Washington County, Oregon. (2) "Urban Renewal Agency" means an agency created or existing under ORS Ch. 457 as it now exists or may hereafter be amended, or a similar agency with similar powers and purposes created under any other provision of law. (3) "Urban Renewal Plan" means a plan as defined in ORS 457.010 (11) as it now exists or may hereafter be amended, or a similar plan adopted under any other provision of law. (4) "Tax Increment Financing" means the method of financing described and referred to in ORS 457.420 to 457.460, or a similar method of financing provided for under any other provision of law. Section 50. If any section or portion of this charter amendment (Sections 45 through 49) is determined unconstitutional or unlawful, the remaining portions and sections shall be severable and shall remain in effect. (Measure #51, September 20,1983 election). AUTHENTICATION CERrIFTICATE OF CITY RECORDER 1, RALPH V. SYMONS, do hereby certify that I am the duly appointed, qualified and acting Recorder of the City of Tigard, Washington County, State of Oregon, and as such have the care and control of the official records of said city. C-8 Rev.11/5/96 . . TIGARD MUNICIPAL CODE I further certify that pursuant to resolution of the City Council of Tigard, duly adopted at its regular meeting of October 8, 1962, there was referred to the voters of the City of Tigard, in conformity with initiative and referendum powers contained in Ordinance No. 6220 of said city, at the regular city election of November 6, 1962, the question of the adoption of the above herein and foregoing Charter of the said city, and that a total of 631 votes were cast with respect to said charter proposal at said election of which 456 votes were cast in favor of said charter and 175 votes were cast against same, and that as shown by the official canvass of the returns of said election, the above herein and foregoing Charter was duly adopted by the people of the City of Tigard at said election of November 6, 1962, by majority of the votes cast. I further certify that I have carefully compared the above and foregoing copy with the original of said charter proposal as filed in my office and that the foregoing copy is a correct transcript therefrom and the whole of said original as the same now appears on file in my office and in my official custody. I further certify that by resolution of the City Council of the City of Tigard, Oregon, duly passed at its regular meeting of November 26, 1962, the above herein and foregoing Charter was duly proclaimed and confirmed as the Charter of the City of Tigard, Oregon, to be effective by its terms on and after January 1, 1963. In Witness Whereof I have hereunto set my hand and affixed the official seal of the City of Tigard, Oregon, this 14th day of January, 1963. Ralph V. Symons, Recorder of the City of Tigard, Washington County, Oregon.® C-9 Rev. 11/5/% MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: May 19, 1998 SUBJECT: June 2, 1998 Special Council Meeting On June 2, 1998 Council will hold a special meeting to discuss Council groundrules as well as our Charter and Code provisions pertaining to functions of Council. In order that Council may prepare for the discussion, I have prepared a memo which identifies the present situation in Tigard and alternatives, should Council wish to modify, limit, or broaden functions of the Manager, Council, or the Mayor. Should Council wish to make modifications to any official's roles, duties, or powers, discussion of proper procedures to accomplish Council direction must take place. The City Charter is the governing document which spells out the roles of the Mayor and Council, as well as of the Manager. Chapter III, Form of Government provides for the terms of office of Council members and the process to fill vacancies. Chapter IV, Council, Section 13 notes that Council adopts rules for governing its members and proceedings. The City of Tigard has adopted some groundrules which are attached. Section 17 notes that the Mayor is chair of the Council and presides over its deliberations and has a vote on all measures brought before the Council. Chapter V, Powers and Duties of Officers provides in Section 20 the powers of the Mayor. Section 20 reads as follows: "The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury. The Mayor shall have no veto power and shall authenticate by signature all ordinances passed by the Council after being enacted. After the Council approves a bond of a City Officer or a bond for a license, contract, or proposal, the Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November 5, 1985 election). " Y , Memo to City Council May 19, 1998 Page Two This section notes the Mayor's powers of appointment of committees and the Mayor's responsibility to sign approved records of proceedings. It also notes that the Mayor has no veto power over Council action. Section 20A spells out the administrative responsibilities of the City Manager. The Manager has authority to appoint, discipline, and remove appointive personnel, with the exception of those appointees assigned to the City Council. Those appointees are Municipal Judge (Section 21), City Recorder (Section 22), and City Attorney (Chapter III, Section 10). Chapter III, Section 10, provides that the Council appoints the City Manager, Municipal Judge, City Recorder, a Finance Officer, and other officers as Council deems necessary. The City Attorney falls under this section. Based on comments I have heard from the members of Council, it appears that there is a need for Council to discuss the role of the Mayor and whether the Mayor has additional powers of a Council member. Chapter IV, Section 17 of our Charter provides that the Mayor is the chair of the Council and presides over its deliberations. He has a vote on all the questions brought before the Council. Whenever the Mayor is unable to perform the functions of office, the President of the Council acts as the Mayor Pro Tem (Chapter III, Section 18). The Tigard Municipal Code provides for other specific responsibilities of the Mayor. They are as follows: 1. Section 2.16.020 provides that appointment and removal of the Municipal Court Judge is by the Mayor, with prior consent of the majority of the full Council. 2. Section 2.36.030 provides that the Mayor, subject to confirmation by the City Council, may reappoint members of the Library Board or appoint new members to the Board. 3. Section 2.56.010 provides that appointment and removal of the City Recorder is by the Mayor, upon the advice of the City Administrator (Manager) and requires the prior consent of the majority of the full Council recorded at a public meeting. 4. Section 2.58.010 of the Municipal Code provides that appointment or removal of the Finance Officers is by the Mayor upon the advice of the City Administrator (Manager) and requires the prior consent of the majority of the full Council recorded at a public meeting. Memo to City Council May 19, 1998 Page Three 5. Section 2.60.010 notes that the City Attorney is appointed by the Mayor with the consent of Council. Appointment or removal of the Attorney by the Mayor requires the prior consent of the majority of the full Council recorded at a public meeting. Other than the duties as stated above, the Mayor holds the same power and responsibilities as other members of the City Council. "Handbook for Oregon City Councils" - published by the League of Oregon Cities The League of Oregon Cities occasionally updates a "Handbook for Oregon City Councilors" which is distributed to newly-elected City officials. The 1993 edition has a chapter on City Councilorship (copies of this chapter can be provided if requested). The chapter is a good introduction to some of the issues that I believe are before the City Council. It emphasizes the role of elected officials and talks about the distinction between policy and administration. Page 2-2 of the chapter discusses the administrative role of the Council and notes that the role of said individual City Councilors in City Administration vary considerably, depending on the size of the city and its form of government. Since Tigard is a community with full-time employees, including the City Manager, Council does not have personal involvement in day- to-day supervision of City employees and departments. Our City is under the Council- Manager form of government, although as Chapter III, Section 6 of the City Charter states, all powers of the City shall be vested in the Council. Historically the City of Tigard has delegated administrative responsibility to the City Administrator and now through the Charter to the City Manager. Section B found on Page 2-3 (attached) of this chapter notes that the Mayor's role varies from city to city, depending on Charter requirements. The description of the Mayor on Page 2-3 pretty much fits the Mayor's role in Tigard. Possible Changes for Tigard Some communities have established rules and regulations that fit their needs which are different from those in Tigard. For instance, in some communities the Mayor does not vote unless there is a tie. In that way, the Mayor is able to preside over agenda topics and discussions in a manner which facilitates open discussion without the Mayor inserting his or her point of view. I am not suggesting that is the direction the City go; I am only mentioning that as an example of a distinction from our process. In order that all members of Council are able to have equal participation and role in decisions, Council procedural rules can be established which create a fair and equitable system for participation and voting. If there are Memo to City Council May 19, 1998 Page Four any concerns with how our system works, Council could consider looking at the procedural rules which are in place. Following are some items which could be discussed on June 2: • Order of Council comments in deliberations - presently we have no established order for Council members to speak. • Order of Voting - our guidelines cover all voting under "roll call" - page 1 of the City Council Groundrules. o Making of Motions - There is no restriction on any member of the Council including the Mayor to make or second any motion. m Meeting Termination - page 2 of the groundrules speaks of Council having a Point of Order at around 10 p.m. to review remaining items on te agenda and adjourning by 11 p.m. unless extended by the majority consent of all Council members. Limiting Testimony - We usually limit testimony only where there is a large number of items on the agenda if many people have signed up to speak on an item. When testimony is to be limited, an effort is made to give advance notice of testimony limits to affected parties. ® Agenda - Responsibility for scheduling and preparing the agenda rests with the City Manager and Recorder. Usually Council members give input to when items are scheduled for future Council meetings only when an item is continued. Should Council wish to establish new or revised rules to govern Council action, consideration may be given to rules and procedures of other jurisdictions. As an example, the City Attorney's office has provided me with the Council rules and charters of the Cities of West Linn and Milwaukie. These are pretty typical of the rules and charters of our surrounding jurisdictions. This information is provided to you for the purpose of stimulating discussion and review of our groundrules and ways of doing business. I suggest that Council use our "Exhibit A," City Council Groundrules and Agenda Process as a starting point. I have already reviewed that document and have noted a number of editorial changes which I believe are necessary. I would like to receive from Council input for further changes that individual Council members feel necessary. If I could receive suggestions by Tuesday, May 26, I can then assemble a new draft incorporating potential changes. My plan is to return a marked up copy of this document to Council on May 29 for discussion on June 2. Memo to City Council May 19, 1998 Page Five If there are any sections of the West Linn or Milwaukie rules or charter which any Council member wishes to be added to our rules, I will note that in the May 29 draft. Please call me if you have any questions regarding the materials and the task ahead of us. i:1admW1W5199&3.don June 2 Council Meeting Attachments The following items are enclosed to accompany the May 19 memo presenting discussion ideas for the June 2 meeting: Tigard Municipal Code - Charter Tigard Resolution No. 95-53, Exhibit "A" City Council Groundrules and Agenda Process Council Process Handbook Handbook for Oregon City Councilors (page 2-3) West Linn City Council Rules and pages 2 through 5 of the West Linn Charter Milwaukie Code pages 15 through 23 and Milwaukie Charter pages C-1,C-2,C-4,C-5 f CITY OF T IGARD COUN VII. PROCESS HANDBOOK May, 1998 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 YOUR CITY GOVERNMENT CURRENT CITY COUNCIL: Term Expires Jim Nicoli, Mayor 12/31/98 Brian J. Moore 12/31/00 Paul Hunt, Council President 12/31/00 Ken Scheckla 12/31/98 Bob Rohlf 12/31/98 FORM OF GOVERNMENT Tigard operates under the Council-Manager form of government. All Oregon cities over 2,500 population have the Council-Manager form except Portland, Beaverton, Burns, Lakeview and Junction City. The chief characteristic of this form is that the Council appoints a qualified person as City Manager to take charge of the daily supervision of the City affairs. The Manager serves at the pleasure of the Council. The theory underlying the Council-Manager plan is that the Council sets policy and the Manager carries it out. (Source: Handbook for Oregon City Councilors - Published jointly by Bureau of Governmental Research and Service, University of Oregon, and League of Oregon Cities.) THE MAYOR: • Is elected at a general state election for a four-year period. The Mayor may not serve more than eight consecutive years as Mayor or on Council for more than twelve consecutive years. • Serves as Chairman of Council and presides over its deliberations. He/she has a vote on all questions brought before the Council. ® Appoints the committees provided by the rules of Council. 0 Signs all approved records of proceedings of the Council and counter-signs all orders on the treasury. ® Has no veto power. + Authenticates by signature all ordinances passed by the Council after being enacted. e Is recognized as a community leader and serves as the official head of the City for ceremonial purposes. 2 THE COUNCIL PRESIDENT • The Councilor in this position presides over the Council in the Mayor's absence and may perform other functions of the Mayor at those times. THE COUNCIL Except as stipulated otherwise in the City Charter, all powers of the City shall be vested in the Council. • There are four Council positions that are elected from the City at large. • Two Councilors are elected at each biennial general state election for a four-year term. No Councilor may serve more than eight consecutive years. (Exception: Limitation does not apply to filling of unexpired term.) • The Council exercises discretionary powers of the City, both legislative and executive through the City Manager. • The Council adopts City laws and changes them as needed. • The Council determines City policies and sets standards. • The Council, with advice from the Budget Committee, determines how much shall be spent for what purposes. • Determines recommendations as to what City taxes should be levied. • Approves contracts, purchases (over $25,000), and agreements. THE CITY MANAGER: • Carries out Council policies and serves as Executive Officer for the City. • Manages the City's business and carries out the Council's plans and orders by coordinating the work of all the City's departments and employees. • Enforces City laws and applies Council policies. • Expends funds as authorized by the City Council in the budget. • Recommends to the Council on legislation, financial programs, capital improvements, policies, employment, services, and other matters as requested. • Keeps the Council informed of the City's business and financial condition. • Appoints, suspends, or removes City employees under his/her jurisdiction subject io union contractual stipulations. • Investigates and acts on complaints. TILE CITY ATTORNEY: o Advises the Council, City Manager, and Department heads on legal matters and procedures. o Reviews ordinances, resolutions, contracts, agreements, deeds, leases, and other legal documents. o Represents the City in actions at law. THE CITY RECORDER: o Is the Council's Recording Secretary. o Keeps ordinances, resolutions, and other official documents on file. o Prepares Council Agenda and meeting packet material. o Receives communications for Council consideration. o Supervises preparation and distribution of Municipal Code and Charter. o Furnishes the public with general information pertaining to City government. o Editor of the City newsletter: Cityscape o Coordinates community events and celebrations o Serves as Elections Officer for the City; provides election information and reports to the Washington County Elections Division and Secretary of State. ASSISTANT TO THE CITY MANAGER: o Develops, coordinates, and maintains the City's community relations program with local, regional, and state organizations. Develops citizen feedback programs and participates in cultivating community identity. o Serves as the City/community liaison responding to and following up on citizen concerns and inquiries on City operations and issues. o Serves as City public information officer. Coordinates, press releases, annual reports, official statements, brochures, programs and other publications as required. o Conducts public meetings on issues and programs. Prepares written and audio-visual materials for City Council, staff, and public presentations. o Monitors citizen boards/committees. Develops training for members and staff liaisons. BOARDS, COMMITTEES AND COMMISSIONS: o Are advisory to the City Council and assist Council in forming policy and making law. o The purpose of Tigard's Boards, Committees, and Commissions is summarized as follows: Budget Committee - To provide a public forum to obtain public views in the preparation of fiscal policy. To enable the public, taxpayers, and investors to be apprised of City fmancial policies and administration. There are ten members of the Budget Committee: five members - Mayor & Council, and five members -Tigard Electors. Library Board: To represent the library n2eds of the community and communicate those needs to the City Council; to recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council; to encourage and support active volunteerism in support of the use and improvement of library facilities; to advise, as the Council may request, in furtherance of the goal to provide the best library service to the public as possible within the constraints of available resources, space and manpower. Planning Commission: The Commission may make and alter rules and regulations for land use decisions consistent with the Tigard Municipal Code, Chapter 2.08 and Title 18, ORS 227, and'the City Charter. There are nine members of Planning Commission; not more than two members can be non-residents of the City. CIT's: Citizen Involvement Teams are grassroots, neighborhood groups established to: o Educate citizens on issues and process by committing necessary resources for presentations and information. o Encourage citizens to address neighborhood problems and identify issues of concern. o Create better access to the decision making process through education. o CIT's serve as organized forums for the identification of the public's concerns and values. CPT Facilitators: Each CIT has three Facilitators. The Facilitators are responsible for scheduling the meetings, setting the agendas, taking minutes of the meetings, facilitating the meetings, and ensuring that everyone who wants to speak has an opportunity. Facilitators also serve as contacts with City Departments and other CITs. In order to serve as a Facilitator, individuals must complete city sponsored training within three months of appointment or election. Initially, Facilitators will be appointed by the City Council for two or three year terms. Upon expiration of the terms of appointed Facilitators, the Facilitators shall be elected by CPI' members at large for two year terms. Membership: CIT meetings shall be open to all interested persons. Anyone in attendance shall be allowed to participate in discussions and be given an opportunity to ask questions or raise issues as allowed in the CPT agreement. Members are those participants who can vote and request items be placed on the agenda. Members are defined as follows: Any resident of the CI T area; Individuals who reside in other CIT areas may attend and be allowed to participate at any CIT meeting but shall only be considered members of one CIT. Non-residents must follow the procedures agreed to by the CI'T to become a member; One individual represem'ang a nonresident property owner or business owner with property or a business in the CIT boundaries. Committees: Subcommittees may be established by the CIT to research and report on issues the members regard as of interest and importance. . Subcommittees may focus on parks, solid waste or any other issue deemed appropriate. Agendas: Regular meetings of the CITs shall be required. Agendas are set by the Facilitators with participation by the City and the CIT members. Agendas will be typed copied and mailed by the City. The Facilitators may request additional copies that they can distribute to individuals not on the mailing list. Agendas will be posted by the Facilitators, and published in the Tigard Times. Any member of the CIT may request an item be placed on the agenda by following the procedure for agendas set by the Facilitators. Every CIT agenda must allow time for members in attendance to ask questions or raise concerns on issues not on the formal agenda. A time limit may be set for each speaker and is enforced by the facilitator. City Support: The City of Tigard is responsible for providing technical assistance to the CTT's, updating mailing and membership lists, sending out mailings, and notifying CIT Facilitators of City plans and proposals and soliciting CIT comment. City staff members also serve as Resource Team members. Each CIT is assigned a Resource Team. COUNCIL MEETINGS Council generally meets on the second, third, and fourth Tuesdays of each month. Special meetings are held as required. Unless the meeting is declared an emergency, meeting notices are posted at least 24 hours in advance and the press is notified. For regular (that is, not "special" or "emergency") meetings, agendas and packets are available the preceding Wednesday. The second and fourth Tuesdays are "Business Agendas." These meetings are held in the Town Hall and usually begin at 7:30 p.m. The Council meets in a study session prior to the business meeting at 6:30 p.m. (or earlier, depending on the number of workshop topics to be discussed). Study sessions are used to review the agenda, give Council the opportunity to ask questions of staff, update calendar items, meet with their advisory boards and committees, or meet with community leaders. 6 Business meetings are cablecast on Tualatin Vahe; Community Access Government as follows: Live Coverage - Channel 27 Second Tuesday of the Month: 7:30 p.m. Replays - Channel 21 )Friday following second Tuesday: 10:00 a.m. Thursday following second Tuesday: 7:00 p.m. Formal action by City Council (i.e., consideration of motions directing policy or staff action, approval of ordinances and resolutions) is done during the business agenda. All meetings are held in accordance with the State of Oregon "Open Meetings" law. The public may attend all meetings, including workshops and study sessions; the only exception for public attendance is Executive Session meetings. EXECUTIVE SESSIONS: Closed-door executive sessions are authorized in limited and specifically identified dreumstances. No final action may be taken at these meetings. Representatives of the news media may attend executive sessions, except those involving labor negotiations, but they may be required not to reveal certain information. There is an Executive Session scheduled for almost every regular Council meeting and is often noted as follows: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, and current and pending litigation issues. WORKSHOP MEETING: The Workshop meeting is generally the third Tuesday of the month. Council uses this meeting in a variety of ways including scheduling joint workshops with other jurisdictions or reviewing special issues in a workshop setting. The primary distinctions between a Workshop vYeeting and a Business Agenda are: o Council usually meets in the Red Rock Creek Conference Room. o No public hearings are held. o There is no Visitor's Agenda. Occasionally, there is a need to schedule a public hearing on the third Tuesday. The Council will then hold a business meeting with a Visitor's Agenda and will meet in the Town Hall. LAND USE PUBLIC HEARINGS Public hearings on land-use issues must be advertised ten days in advance. The following hearing format is used during the meeting: - Public Hearing Opened (By Mayor) - Declarations or Challenges (Councilors note whether they feel they have a conflict of interest and, if so, may excuse themselves from participating in discussing and voting on the issue. At this time, it would also be appropriate for a citizen or interested party to "challenge" a Council member if it was felt a conflict of interest may exist.) - Summation by Staff (Staff Report is presented.) - Public Testimony (Testimony is received from proponents and opponents with time allotted for cross examination and/or rebuttal. There are sign-in sheets available in the Town Hall for persons who plan to testify.) - Recommendation by Staff (Staff advises Council of their professional opinion as to course of action on the issue.) - Council Questions or Co-mments (Council utilizes this opportunity to ask staff and testifiers questions or to make comments on the issue. - Public Hearing Closed (By Mayor) - Consideration by Council (Council has several options which may included the consideration of a proposed resolution or ordinance, direction [by formal motion] to staff for action or preparation of a final order for Council review and consideration at a future meeting. ADVERTISING A public notice is placed in The Tigard Times the Thursday before the Council meeting. Selected agenda items are highlighted with the date, time, and place of the meeting noted. The time of the meeting may change up to 24-hours prior to the meeting; however, the change will be posted on the City Hall Lobby Bulletin Board and the press notified. Public hearing times will never be scheduled earlier than what the original notice indicated. CITY STAFF INFORMATION INFORMATION ON MEETINGS: If in doubt about any information concerning- Council meetings, please do not hesitate to contact the City Recorder. The City Manager, Assistant to the City Manager, or Deputy Recorder will also know of any changes and can be contacted if the Recorder is unavailable to call back the day the inquiry is received. CITIZEN C®MP LkIN TS• When a citizen has a complaint and asks to speak to the Mayor or Coimcil, the following guidelines may be helpful: 1) Learn the nature of their complaint to determine which department and which staff member would best be able to assist. 2) Staff would like to respond to the citizen as quickly as possible to resolve the issue. H the individual does not want to visit with staff, they do have the opportunity to contact Council by writing a letter, leaving a telephone message for call back, or by addressing their concerns during a Visitor's Agenda. Visitor's Agendas during business meetings (second and fourth Tuesdays) is the time available for individuals to address Council with their concerns. They will be asked to limit their testimony to two minutes or less. Council will usually ask the visitor if they have contacted staff to resolve their problem. If they haven't, often times Council will ask the City Manager or appropriate Department Head to meet with the individual to discuss their concerns. Revised 4/98 i:ladmlcathylccgroces.doc 9 CITY OF TIGARD SETT][NG TBE STANDARD FOR SERVICE EXCELLENCE We are committed to: PARTICIPATION Citizens and employees working together MOVATION Consider and respect new ideas RESPONSIVENESS Accurate and timely COMMUNICATION Open and clear COURTESY To all 10 Handbookfor Oregon City councilors Published by the League of Oregon Cities January 1993 Salem, Oregon $20.01 Methods of Council Otrsrslght - There are several ways in which city councils can, and do, influence city administration. Briefly, the list includes ordinance enactment, special Investiga- tions, approval of appointments, public hearing, the budget process, legislative audits, review of administrative rules, and agency reporting requirements. Through these devices, the council exercises significant control over administration, even if the administrative branch is structurally separated from the council, as in the case of the strong-mayor form. Regardless of the size of the city or its form of government, communication between a council and a city employee must be made with recognition of two facts: 1) The city employee is responsible to his or her immediate supervisor and cannot "take orders" from a councilor; and 2) Each councilor has authority in administrative matters only to the extent delegated by the council as a whole. This delegation is often formally contained in an ordinance or charter provision. Misunderstandings may arise when a councilor intends only to ask for information. The employee receiving the request directly from a councilor can easily jump to erroneous conclusions or misinterpret the councilor's intent. The best way for councilors to get information about administrative matters is to request it through the manager or administrator or to make the request during a regular council meeting. B. City Council Organization Although city councils grid other legislative bodies are not organized in the hierarchical structure ordinarily found in administrative agencies and businesses, they nevertheless require some formal internal organization. Mayor The mayor's role varies from city to city depending on charter requirements. In many cities the mayor presides over council meetings and participates in discussions, but votes only to break ties. Depending on charter provisions, the mayor may appoint committees with council approval and veto ordinances passed by the council. Most mayors also sign all ordinances and other records of proceedings approved by the council, and in small cities they may sign all orders to disburse funds. In all cases the mayor is the recognized civic leader in the eyes of the community. Presiding Officer In addition to the mayor, who ordinarily presides over meetings of the city council, most cities also have a council president or mayor pro tem, who presides over the council in the mayor's absence and may perform other functions of the mayor at those times. The functions of the mayor or other presiding officer are to call the meeting to order; announce the order of business as provided in the agenda; state motions, put them to a vote, and announce the result of the vote; prevent irrelevant or frivolous debate or discussion; maintain order and decorum; and otherwise enforce the council's rules and appropriate parliamentary procedures. 2-3 MAY 1? '98 02: 28PM 0' DONNELL. P.FIMIS P.2 L ..1'.iV G t.J~~s.: ti . •r. t ~QQs s -1 ~if11, 1 .r.►r WEST LI-NN--. C -COTT ITY ,,~-IN-cl rte. R U Aaopced August 14, x.995 gowl. tia'r' 19 '98 CZ: ---BPM O' DONNELL • PW IS West Linn City Council Rules ?'able or Contents P.3 Agenda . 4 Agenda Bill . 4 Annual Meeting with Leadership of Neighborhood Associations........ 4 Annual Report of Boards, Commissions and Committees. 4 Annual Meeting with West Linn Chamber of Commerce 4 Attendance . 4 Bias and Disqualification 5 City Manager Evaluation. 5 City Newsletter . 5 Communication with Staff . 5 Community Comment . 6 Conferences and Seminars 7 Confidentiality . . 7 Conflict of Interest . 7 Consent Agenda . 5 1 MNY' 19 '98 02: -`SPM O ' DONNELL • P. AM IS P.4 Council Rules. 8 Emergency Meetings . Executive Sessions. . Exhibits . 10 Ex Parte Contacts and Disqualification 10 Expenses and Reimbursement . . . . . 10 Filling Vacancies on the Council . . Filling Vacancies on Boards, Commissions and Committees...... , . 11 Flags. Signs and Posters - . . . 1 1 Government Standards and Practices Reporting . , , . . Legal Advice. . . Liaison to Boards, Commissions and Committees. . 13 Liaison to Departments. . . Litigation . . Meeting Staffing . Meeting Times. . . Minutes. , . . Motions. . , News Media. , z MAY. 19 '?6 02:29PM O'DONNELL. RAMIS P.5 Order and Decorum 17 Order of Business . 18 Ordinance Reading and Adoption. 19 Presiding Officer . 19 Public Members Addressing the Council 20 Public Hearings. 20 . . . . Public Records . 22 Questioning of Staff by Council Members 22 Quorum. 23 Reconsideration of Actions Taken . 23 Speaking by Council Members 23 Special Meetings 23 Suspension of Rules. 24 Televising of Council Meetings 24 Voting . 24 Work Sessions . 25 Mo"' i° '98 02:29PM O'DONNELL, RAMIS CITY OF WEST LINN CitY Council Rules P.5 Aar The City Manager shall prepare an agenda of the business to be presented at a regular Council meeting. Wherever possible, it is desirable that no item of business be added to an agenda after 12 Noon on the Friday 10 days before the 2nd or 4th Monday of the Council meeting. The agenda packet containing all agenda bills will be available for the City Council and public on the Monday 7 days before the 2nd or 4th Monday of the Council meeting. A. A Councilor may place an item on a Council agenda by motion or with the Mayors approval. The City Manager shall be noted. Council members will endeavor to have subjects they wish considered submitted in time to be placed on the agenda. B. A Councilor who desires major policy or ordinance research should first raise the issue at a meeting under Council Business. The Council should consider items in light of City priorities and workload and agree to proceed with an issue or ordinance before staff time Js spent preparing a report. The Councilor may present information or a position paper or ask for a department report or committee recommendation. Councilors who agree that staff time can be spent on a particular item are not bound to support the issue when it comes before the Council for a vote. Aoenda Bill Each item of Council business requiring Council action shall be accompanied by an Agenda Bill in a format approved by the Council. Annu;al eetin .t Leader of Ne' orhaod Associ ons. The City Council will meet at least annually with the leadership of the neighborhood associations. Annual Reeort of Beards Comrrtissione and COTTIttF+Ae aEach nd committee will annually report to the Council on their activities f board, the previous year at a regular City Council meeting. T'ne report will be prepared in a format prescribed by the Ccunc:I. A ua sell with Laaderah; of Wesc t b- C-bamber of Commerce The City Council will meet at least annually with the leadership of the West Linn Chamber of Commerce. Attends ce Councilors will inform the Mayor and the City Manager if they are unable to attend any meeting. Additionally, the Mayor will inform the Council 4 Mati' 19 '98 02: c9Pr•1 0' DorVELL • PAMIS President and the City Manager regarding any absence by the Mayor. P.7 Sias and DL%Walifi atJon Any proponent, opponent, or other party interested in a quasi-judicial matter to be heard by the Council may challenge the qualification of any Councilor to participate in such hearing and decision. Such challenge must state facts relied upon by the party relating to a Councilor's bias, prejudgment, personal interest, or other facts from which the party has concluded that the Councilor will not participate and make a decision in an impartial manner. Such challenges shall be made prior to the commencement of the public hearing. The Mayor shall give the challenged member an opportunity to respond. A motion to accept ; deny the challenge vWll be accepted and voted. Such challenges shall be incorporated into the record of the hearing. A. In the case of a quasi-judicial matter that is heard by the Council, a Councilor must disclose his or her participation in a prior decision or action on the matter that is before the Council. A common example of this is when a Planning Commission member is elected or appointed to the City Council, or if a Councilor testifies at a Planning Commission meeting. The Councilor shall state whether he or she can participate in the hearing with an open mind and with complete disregard for the previous decision made. If the Councilor is unable to hear the matter impartially, the Councilor has a duty to disqualify him or herself from participating in the proceedings and to leave the room. B. If the City Council believes that the member is actually biased, it may disqualify the member by majority vote from participating in a decision on the matter. A Councilor who has been disqualified from participating in a decision may participate in the proceeding as a private citizen if the Councilor is a party with standing. City Manager Evaluation The evaluation of the City Manager Wil be performed under the terms of the Manager's contract. If evaluation is not part of the contract, the Council shall evaluate the Manager every six months using an agreed upon format. b Newsletter As a general policy, the city newsletter should be used for only City government related articles; leaving other community articles to local newspapers. Events not sponsored entirely or partially by the City should not be allowed space in the newsletter. Requests for placement of articles in the newsletter shall be approved by the City Manager or designee. Communication with tall Councilors shall respect the separation between policy making and administration by: 5 MAY 19 '96 02:23OPM O'DONNELL. P.HMIS P.8 .4111, A. Attempting to work together with the staff as a team in a spirit of mutual confidence and support. B. Not attempting to influence or coerce the City Manager or department head concerning personnel. purchasing, awarding of contracts, selection of consultants, processing of development applications or the granting of City licenses and permits. C. Addressing all inquiries and requests for information from staff to the City Manager or City Attorney and allowing sufficient time for response. All written information given by the City Manager or his/her designee to one Councilor should be distributed to all Councilors. D. Limiting individual contacts with City officers and employees so as not to influence staff decisions or recommendations, to interfere with their work performance, to undermine the authority of supervisors or to prevent the full Council from having benefit of any information received. E. Respecting roles and responsibilities of staff when and if expressing criticism in a public meeting or through public electronic mail messages. Staff shall have the same respect for the roles and responsibilities of Council members. All written informational material requested by individual Councilors will be submitted by staff to the entire Council with a notation indicating which Councilor requested the information. Community Comment At the beginning of each regular meeting, the Council shall designate a time for Community Comment, which shall be reserved for citizens to address the Council on matters related to City government and property the object of Council consideration. Persons wishing to speak shall be allowed to do so only after completing the form provided. Time is limited to five (5) minutes for each speaker, unless the Council decides prior to the Community Comment period to allocate less time. The purpose of the Community Comment period is to provide citizens an opportunity to be heard by the Council primarily on issues not on the agenda. Councilors should refrain from engaging speakers in debate or extended dialogue, or directing questions to staff for immediate response. 6 MAY 15 '98 02:30PM O'DONNELL• PPMIS P.3 Councilors should refer complaints or questions to the City Manager or the appropriate staff person. ' Conferences and Seminars Members of the Council are urged to educate themselves about iocai government. To that end, and as funding allows, Councilors are urged to attend the League of Oregon Cities functions. Requests to attend other government related conferences, training seminars and meetings will be presented to the Council for approval, Members of the Council who serve on committees or the boards of the League of Oregon Cities, the National League of Cities or other such government group will be reimbursed for reasonable expenses not covered by the respective body. If a member of the Council is retiring and serves on a League of Oregon Cities, National League of Cities or other such government group committee or board and is expected to attend a meeting, conference or seminar: the approved expenses not covered by the respective body will be reimbursed by the City. Upon the Councilor's return from attending a conference, training seminar or meeting. the Councilor will give a written report to all members of the Council unless the majority attended the same function, or if requested by any Councilor who did not attend the conference, seminar or meeting. Co edgntiaiity. Councilors will keep all written materials provided to theme on matters of confidentiality under law in complete confidence to insure that the City's position is not compromised. No mention of the information read or heard should be made to anyone other than other Councilors, the City Manager or City Attorney. A. If the Council in executive session provides direction or consensus to staff on proposed terms and conditions for any type of negotiation whether it be related to property acquisition or disposal. pending or likely claim or litigation, or employee negotiations, all contact with the other parties shall be made by designated staff or representatives handling the negotiations or litigation. A Councilor will not have any contact or discussion with any other party or its representative nor communicate any executive session discussion. S. All public statements, information, or press releases relating to a confidential matter will be handled by designated staff or a designated Councilor. C. The Council, by resolution. may censure a member who discloses a confidential matter. Conflict of Into-rest, Generally, conflicts of interest arise in situations where a Councilor, as a public official deliberating in a quasi-judicial proceeding, has an actual or potential financial interest in the mattef before the Council. Under state law, an actual conflict of interest is defined as one that would be to the private 7 MAY 19 '98 02:31PM O'DONNELL, RAMIS eo~l P.10 financial benefit of the Councilor, a relative or a business with which the Councilor is associated. A potential conflict of interest is one that could be to the private financial benefit of the Councilor, a relative or a business with which the Councilor is associated. A relative means the spouse, children, siblings or parents of the public official or public official's spouse. A Councilor must publicly announce potential and actual conflicts of interest and. in the case of an actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue. Consent Agenda. In order to make more efficient use of meeting time, the City Manager shall place all items of a routine nature on which no debate is expected on a consent agenda. Any item placed on the consent agenda may be removed at the request of the Mayor or a Councilor. All remaining items on the consent agenda shall be disposed of by a single motion "to adopt the consent agenda." which shall not be debatable. An item removed from the consent agenda shall not receive public testimony unless agreed to by a majority of the Council. C-cuncii Rules. Pursuant to Chapter IV, Section 13, of the City Charter, the Council shall adopt Council rules. The Council shall review its rules at least once every tvv years. Amendments shall be adopted by a majority vote. The Council has an obligation to be clear and simple in its procedures and the consideration of the questions coming before it. The Council rules are not intended to replace or supersede any applicable federal or state laws or regulations, City ordinances or policies, or provisions of the City Charter. 1Rmeroencv Meetin~as In the case of an emergency, an emergency meeting may be called by consent of all available Councilors upon such notice as is appropriate to the circumstances. The minutes of the emergency meeting shall describe the emergency justifying less than 24 hours notice. The City shall attempt to contact the media and other interested persons to inform them of the meeting. Councilors are responsible to inform staff of how they can be reached when out of town. Executive Sessions An executive session (meeting closed to the public) may be held in accordance with the appropriate statutory limits of ORS 192.640. Care will be taken to ensure that proper and Timely notice is made in accordance with statutory requirements. Executive sessions may be held during regular or special meetings, so long as appropriate statutory limitations are met_ A. No formal actions can be taken during an executive session. When the Council reconvenes in open session, formal action may be takers. Only the Council, City Attorney and specific staff members, and news media representatives can attend (see also flews Media). Members of the press must be told that they may not report the substance of an executive session. a MAY 19 '98 02:3_PM O'LONNELL• P.AMIS P.11 6. A major reason for allowing members of the needs media to attend such sessions is to keep them informed concerning the background of deliberations so they have a better understanding of any decisions made as a result of the meeting. As determined by the Council, minutes may be taken or, in the altern&tive, a sound recording of the meeting may be made as provided for in ORS 192.650(2). Material discussed during an executive session should be not disclosed, as provided in ORS 192.810 and 162.660. C. The topic areas for which an executive session may be called consist of all items listed in OZ 192.660, including the following: 1 • To consider the employment of a public officer, employee, staff members, or individual agent. This applies only to the employment of specific individuals (ORS 192.660(x)), 2. To consider the dismissal or disciplining of. or to hear complaints or charges against a public officer, employee, staff member. or individual agent. unless the individual requests an open hearing [192.660(b)]. 3. To deliberate with persons designated by the governing body to carry on labor negotiations (192.660(d)]. 4 To deliberate with persons designated by the governing body to negotiate real property transactions (192.660(e)]. 5. To consider records exempt by law from public inspections (192.660(f)]. 6. To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations (1 92.660(g)). 7. To consult with counsel concerning legal rights and duties with regard to current litigation or rIN litigation likely to be filed (192.660(h)], 9 MAti 19 '98 02 : 32PM O' DONNELL . RAM I':, P.12 To rsview and evaluate the employment related performance of the chief executive officer, a public officer, employee, or staff member unless fhe person whose performance is being reviewed and evaluated requests an open hearing [1,92.660(i)]. E2tkilL Exhibits presented before the council in connection with its deliberations on a legislative, quasi-judicial or other substantive matter shall be accepted by the Council and made a part of the record. The exhibit shall be marked for identification and referenced in the minutes. The exhibit or a copy thereof shall be provided to the meeting recorder. E to an '~ar ~n~ For quasi-judicial hearings, will endeavor to refrain from having ex parts contacts relating to any iissu of the hearing. Ex parte contacts are those contacts b a party e of the circumstances which do not involve all parties to the procesoin~ Ens pane contacts under cars be made orally when the other side is not present or they cart be in the forth of written information that the other side does not receive. A0_11. A. If a Councilor has ex Pane contact prior to any hearing, the Councilor will reveal this contact at the meeting and prior to the hearing, The Councilor shall describe the substance of the contact and the presiding officer shall announce the right of interested persons to rebut the substance of the communication. The Councilor also will state whether such contact affects the Councilor's impartiality or ability to vote on the matter. The Councilor must state whether he or she will participate or abstain. 13. For quasi judicial hearings, a Councilor may be disqualified from the hearing by a 60 percent vote of the Council and must (save the room. The Councilor disqualified shall not participate in the debate, shall step down from the dais for that portion of the meeting, and cannot vote on that motion. C. For quasi-judicial hearings, a Councilor who was absent during the presentation of evidence cannot participate in any deliberations or decision regarding the matter unless the Councilor-has reviewed all the evidence and testimony received. E~enses and ReirnAr~se With the exception of quarterly stipends, Councilors will follow the same rules and procedures for reimbursement as those which apply to City employees, as are set forth in the policy manual. Councilor expenditures for other than routine reimbursable expenses (e. will require advance Council approval according tontrhepurchasing rules which,appl) Y 10 MA" 19 '98 02:33PM O'DONNELL. PR11S City wide. P.13 A The Councilor who will be traveling should make his or her own reservations for travel and lodging, The City will issue the appropriate purchase order/expenditure upon requ_st and approval by to City ,Manager. S The City does not reimburse Councilors for expenses incurred by their spouses (Oregon Government Standards and Practices Commission Advisory Opinion 93A-1007). l a c' s o th Cc H. Upon declaring a vacancy the Council will fill the vacancy under provisions of the City Charter. CWhen the balance of the term of a vacant Council position is less than one year or until an election is held, the Council will make an appointment to the seat. The vacancy be advertised and applications will be completed. After the filing deadline has will passed the Council will conduct public interviews of all applicants. The Council will make a decision to fill the vacancy in a public meeting . occurs on any standing commission, board or committee, the City Managers all ^ cause applications to be filed by all interested candidates. Candidates svacancy hall complete the application form. The Council will interview applicants for the plannin commission and budget committee. The Mayor will make a nomination for each g vacancy for approval by the Council. The Mayor may open the process of selection by taking nominations from the Council; then make an appointment for approval b the Council. by Elaas. sienee and pesters. No flags, posters, placards or signs, unless by the mayor, may be carried or placed within authorized the Council chambers in which the Council is officially meeting. This restriction shall not apply to arm bands emblems, badges or other articles worn on personal clothing of individuals, provided that such devices do not interfere with the vision or hearing of other persons at the meeting or pose a safety hazard. On occasion, and within the approved budget, the Council may wish to purchase a gift or memento for someone with City funds. Expenditures of this type should receive prior approval from the Mayor. - ► c s ~o is ' n R' u' is a d e i .10 Councilors shall review and observe the requirements of the State Ethics Law (ORS 244.010 to 2244.390) dealing with use of public office for private financial gain. ~ A. Councilors shall *give public notice of any conflict of interest or 11 rwr V? '?b 02:33PM O'UONNELL- P.HMIS P. S-i potential conflict of interest and the notice will be reported in the meeting minutes. In addition to matters of financial interest, Councilors shall maintain the highest standards of ethical conduct and assure fair and equal treatment of all persons, claims and transactions coming before the Council. This general obligation includes the duty to refrain from: 1. Disclosing confidential information or snaking use of special knowledge or information before it is made available to the general public. 2. Making decisions involving business associates, customers, clients and competitors. 3. Repeated violation of Council rules. 4. Promoting relatives, clients or employees for boards and commissions. rte. 5. Requesting preferential treatment for themselves, relatives, associates, clients. coworkers or friends. 6. Seeking employment of relatives with the city, 7. Actions benefitting special interest groups at the expense of the City as a whole. 8. Expressing an opinion which is contrary to the official position of the Council without so stating. S. In general, Councilors shall conduct themselves so as to bring credit upon the government of the City by respecting the rule of law, ensuring non-discriminatory delivery of public services, keeping informed concerning the matters coming before the Council and abiding by all decision of the Council, whether or not the member voted on the prevailing side. C. In accordance with ORS 244.195, it is the Councilor's responsibility to file annual statements of economic interest with the Government 12 P1A'i 19 '98 02:34PM O'DONNELL. PAMIS P. is ^i Standards and Practices Commission. Each year, on or around April 1, Councilors will be sent a Statement of Economic Interest form frorr, the Government Standards and Practices Commission. Councilors should complete the form and return it directly to the Commission. It i important to complete the form in a timely manner; failure to do so ma result in the imposition of a civil penalty and/or removal from office. Councilors are also responsible for filing a Supplemental Statement c, Economic Interest with the Government Standards and Practices Commission within 30 days of leaving office. Leoal Advice Requests to the City Attorney for advice requiring legal research shall not be made by a Councilor except with concurrence of the Council. Before requesting research or other action by the City Attorney, the Council is encouraged to consider consulting with the City Manager to ascertain whether the request or action can be a ccomplishea more cost-effectively by alternative means. Outside a Council meeting, a Councilor should make requests of the City Attorney through the City Manager. Exceptions to this are issues related to the performance of the City Manager and unique and sensitive personal, yet city business-related, requests. The City Attorney shall in either case provide any written response to the full Council and City Manager. L' o t oar s Comrnj~s and Co, i To facilitate the exchange of inforrnation between the Council and its advisory bodies and standing committees. the Mayor will at least annually make liaison appointments to City boards, commissions and committees. Councilors shall respect the separation between policy making and advisory boards, commissions and committees by: A. Not attempting to lobby or influence boards, commissions and committees on any item under their consideration. It is important for the advisory body to make objective recommendations to the Council on items before them. B. Attending meetings of assigned liaison bodies, but should avoid becoming involved in the body's discussions without first explaining his or her role as a Council liaison. C. Not voting at the body's meeting on any item. The agenda for the board, commission or committee will have an item for the Councilor to share information from the City Council and vice versa with the advisory body. Ligi on to Departments In order to familiarize the Council with the operations of 13 MAY 1? '98 020,4Pr1 t7'NNNELL. PAMIS P.16 City departments and the delivery of services, the Mayor will at least annually make liaison appointments to each department. Councilors shall respect the separation between policy making and administration t)y: A. Not influencing or coercing the City Manager or department head concerning personnel, purchasing. work priorities or operations. S. Addressing all inquiries and requests for information from staff to the City Manager or City Attorney and allowing sufficient time for response. All information given to one Councilor should be distributed to all Councilors. C. Limiting individual contacts with City officers and employees so as not to influence staff decisions or recommendations. to interfere with their work performance, `.o undermine the authority of supervisors or to prevent the full Council from having benefit of any information received. 0. Not changing or interfering with the operating rules and practices of the City department. E. Working together with the staff as a team in a spirit of mutual confidence and support. LAIARImm Within 30 days of the City's receipt of: A. A statutory notice of intent to sue, or 8. A summons and complaint for damages The Council will meet in executive session•with the City Manager and, if necessary, legal counsel, to discuss the Citys legal options and response to the claim or complaint. No individual Council member may direct legal counsel to take a course of action in response to any suit or action filed against the City. Meeting Staffing The City Manager wiil attend all Council meetings unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all Council discussions but shall have no vote. The City Attorney will attena all regular Council meetings unless excused, and will, upon request, give an opinion, either written or oral. on legal questions. The City Attorney, if requested, shall act as the Council's parliamentarian. 14 MP4Y 19 '98 02:35PM O'DonNELL• PAMIS P.17 The City Manager shall designate a staff or contract person as a meeting recorder who will attend all Council meetings and kee th ffi p e o cial journal (minutes), and perform such other duties as may be needed for the orderly conduct of meetin ate, A,& gs. Department directors or other staff will attend Council meetings upon request of the City Manager , (~N Meetinc Times The Council shall meet regularly at 8 p.m. on the second and fourth Monday of each month in the Council Ch b am ers. Such meetings may be receded by a work session at 7:30 p.m., which shall be open to the public. y p i s. Minutes shall be prepared with sufficient detail to meet their intended uses. Verbatim minutes are not required. A. The minutes of meetings of the Council shall comply with provisions of ORS 192.650 by containing the following information at a minimum: 1 • The name of Councilors and staff present. 2. All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition. 3. The result of any votes, including ayes and nays and the names of the Councilors who voted. 4. The substance of the discussion on any matter. 5. Reference to any document discussed at the meeting. B. The Council may amend the minutes to more accurately reflect what transpired at a meeting. Upon receipt of the minutes in the Council agenda packet, the Council members should read and submit any changes, additions or corrections to the City Manager in order that a corrected copy can be issued prior to the meeting for approval. Under no circumstances shall the minutes be changed following approval by the Council, unless the Council authorizes such a change. otio s. When a motion is made, it shall be clearly and concisely stated by its mover. Councilors are encouraged to exercise their ability to make motions and to do so prior to debate in order to focus discussion on an issue and speed the Council's proceedings. The Presiding Officer will state the name of the Councilor who made the motion and the name of the Councilor who made the second. When the Council concurs or agrees to an item that does not require a formal motion, the Presiding Officer will summarize the agreement at the conclusion of discussion. The 15 MPY 19 '98 02:355PM O'LOWELL. PAMIS r~ , P. 18 following rules shall apply to motions during proceedings of the Council: A. A motion may be withdrawn by the mover at any time without the consent of the Council. B. If a motion does not receive a second, it dies. Certain motions can proceed without a second, including nominations, withdrawal of motion and agenda order. C. A motion that receives a tie vote fails. 0. A motion to table is not debatable unless made during a land-use hearing and precludes all amendments or debate of the issue under consideration. If the motion prevails, the matter may be taken from the table only by adding it to the agenda of the next regular meeting at which time discussion will continue. If an item is tabled. it cannot be reconsidered at the same meeting. E. A motion to postpone to a certain time is debatable and amendable, and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting or no later than the next meeting. F. A motion to postpone indefinitely is debatable and is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. The object of this motion is not to postpone, but to reject the question without risking a direct vote when the maker of this motion is in doubt as to the outcome of the question. G. A motion to call for the question shall close debate on the main motion and is undebatable. This motion must receive a second and fails without a two-thirds' vote. Debate is reopened Jf the motion fails. H. A motion to amend can oe made to a motion that is on the floor and has been seconded. An amendment is made by inserting or adding, striking out, striking out and inserting, or substituting. 1. Motions that cannot be amended include motion to adjourn, agenda order, lay on the table, reconsideration, and take from the table. J. A motion to amend an amendment is not in order. K. Amendments are voted on first, then the main motion as amended. s'°• Council will discuss a motion only after the motion has been moved 16 Mar 19 '96 02:36PM O'DONNELL. PAMIS P.19 and seconded. M. The motion maker. Presiding Officer, or meeting recorder should repeat the motion prior to voting, N. The Council President will originate all procedural motions. 0. A motion to continue or close a public hearing is debatable. P. A point of order, after being addressed by the presiding officer, may be appealed to the body. M_ ws Media. The Council recognizes the important role of the news media in informing the public about the decisions, activities and priorities of government. Work space shall be reserved for members of the press at Council meetings so that they may observe and hear proceeaings clearly. See also Executive Sessions. The terms "news media," "press," and "representative of the press" for the purpose of these rules are interchangeable and mean someone who: A. Represents an established channel of communication, such as a newspaper or magazine. radio or television station: and either r 3. Regularly reports on the activities of government or the governing body; or C. Regularly reports on the particular topic to be discussed by the governing body in executive session. Or_ _ der and Decorum A law enforcement officer of the City may be Sergeant-at-Arms of the Council meetings. The sergeant-at-arms shall carry out all orders and instructions given by the Mayor for the purposes of maintaining order and decorum at the Council meeting. If the Sergeant-at-Arms determines that the actions of any person who violates the order and decorum of the meeting constitutes a violation of any provision of the West Linn Municipal Code, the Sergeant-at-Arms may place such person under arrest and cause such person to be prosecuted under the provisions of the Municipal Code, or take other appropriate action as outlined in the West Linn Official Police Manual Revised. A. Any of the following shall be sufficient cause for the Sergeant-at-Arms to, at the direction of the Mayor. or by a majority of the Council present, remove any person from the Council chamber for the duration of the meeting: r 17 MAY 19 '98 02:36PM O'DONNELL• P.AMIS P.20 1 • Use of unreasonably loud or disruptive language, 2• Making of loud or disruptive noise, including applause. 3• Engaging in violent or distracting action. 4. Willful injury of furnishings or of the interior of the Council chambers. 5• Refusal to obey the rules of conduct provided herein, including the limitations on occupancy and seating capacity. 6• Refusal to obey an order of the Mayor or an order issued by a Councilor which has been approved by a majority of the Council present. B Before the Sergeant-at-Arms is directed to remove any person from a Council meeting for conduct described in this section, that person shall be given a warning by the Mayor to cease his or her conduct. If a meeting is disrupted by members of the audience, the Mayor or a majority of the Council present may declare a recess and/or order that the Council chamber be cleared. Order of Business The order of business at a regular Council meeting will be as follows: A. Call to Oroer and Pledge of Allegiance to Flag. B. Proclamations and Recognitions from Council. C. Community Comments. D• Business Meeting. 1. Consent Agenda. 2. Public Hearings. 3• Ordinances and Resolutions. 18 Ma'r' 19 '98 02:37PM O'DQNNELL. PAMIS 4. Other Business. E. Report from the City Manager. F. Business from the Council. P.21 O-dinanee Reading and 49.2 on All ordinances and resolutions shall be prepared under the supervision of the City Manager and reviewed as to form by the City ,attorney. Ordinances and resolutions may be introduced by a member of the Council, the City Manager, the City Attorney or any department head. A. Unless the motion for adoption provides otherwise, resolutions shall be adopted by reference to the title only and effective upon adoption. 8. The Council may adopt an ordinance in any of the following circumstances: 1. Before being considered for adoption, the ordinance has been read in full at two separate Council meetings; . 2. At a single meeting, without objection and by unanimous vote of the whole Council, after being read once in full and once by title only; 3. At a single meeting, if copies are provided each to Councilor and three copies are available for public inspection one week before the first reading. C. Ordinances shall be effective on the thirtieth (30th) day following the date of adoption, unless the ordinance provides that it will become effective at a later time. An emergency ordinance which includes a provision that the ordinance is necessary for immediate preservation of the public peace, property, health, safety or morals may provide that it will become effective upon adoption. 0. Ordinances and resolutions shall be adopted by roll-call vote. Presiding Officer. The Mayor shall be the Presiding Officer and conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Council President shall preside in the absence of the Mayor. The Presiding Officer shall not be deprived of any of the rights and privileges of a Councilor. In case of the absence of the Mayor and the Council President, the City Manager shall call the meeting to order and the Council shall elect a chairperson.4or the meeting 19 M'4Y. 1'a '98 E2: 3 PM O' DOMELL • RAMIS by majority vote P.22 Pub ' Ad i Cou i) Ech first complete a testimony form and give it person shall ordergor the Council President prior to discussion of the item on the agenda Heil A. When called by the Council President, Council shall come to the designated arethose Wshing to the a and state their narme and address in an audible tone. They shall limit their remarks to five (5). minutes unless the Council decides prior to a particular agenda item to allocate more or less time. They shall address all remarks to the Council as a body and not to any member thereof. 13• No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. Questions from the public shall be asked of a Councilor or staff through the Mayor. No public member will be allowed to speak more than once on a particular agenda item. C. Any person making personal, offensive, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council may be requested to leave the meeting. The Mayor has the authority to preserve order at all meetings of the Council, to cause the removal of any person from any meeting for disorderly conduct, and to enforce the rules of the Council. The Mayor may request the assistance of Sergeant-at-Arms to restore order at any meeting. ?~biic Hea inas A. Legislative Hearing: The Mayor shall announce prior to each public hearing the nature of the matter to be heard as it is set forth on the agenda. 2. Discussion of conflict of interest of the West Linn City Council and Councilors. 3. The Mayor will then declare the hearing to be open and invite members of the audience to be heard in the following order: 20 MAX' La '98 02: 36PM Q' DONNELL • PAMI a. Staff introduction of topic. b. Correspondence. P . 23 C. Persons wishing to speak on the matter, 4. The Mayor will call for the staff report. 5. Close the public hearing. 6. Council deliberation and vote. B. Quasi-Judicial Hearing: Conduct of quasi-judicial hearings shall conform to the requirements of ORS 187.763 and the West Linn Community Development Code including, but not limited to the following: 1. The Mayor shall announce prior to opening hearing the nature of the matter to be heard as it is set forth on the agenda and the procedure to be followed for the hearing. 2. The Mayor shall give notice that failure to address a criterion or raise any other issue with sufficient specificity precludes an appeal to the Land Use Board of Appeals on that criterion or issue. 3. Discussion of jurisdiction and impartiality of the West Linn City Council and Councilors. 4. Staff introduction of appeal. 5. Correspondence. 6. Appellant's presentation. 7. Other testimony in support of the appeal. 8. Applicant's testimony, if appropriate. 9. Opponent's testimony. 10. Neutrai testimony. • 21 MAY 1? "38 02:38PM O'DONNELL• PAMI'S P.`4 11. Staff report and recommendation. 12. Appellant's rebuttal testimony. 13. Applicant's rebuttal testimony. 14. Upon demonstration of new evidence presented during applicant's rebuttal, any participant may petition the presiding officer for an opportunity to present surrebuttal. 15. Questions from the Council to staff. 16. Closure of public heap ing, no further information from the audience. 17. Discussion by Council and decision. 18. Council has the discretion to adopt findings or direct the staff or prevailing party to submit proposed findings for Council consideration and adoption at a future meeting. If adoption of findings is postponed to allow staff or prevailing party to submit findings, Council will allow written comments on the findings only by both proponents and opponents prior to adoption. C. If there are objections to the jurisdiction of the City Council to hear a matter, the Mayor shall terminate the hearing if the inquiry results in substantial evidence that the Council lacks jurisdiction or the procedural requirements of any code or ordinance provision were not met. . Public Records. The disposition of public records created or received by Councilors, shall be in accordance with the Oregon Public Records Law. Written information incidental to the official duties of a member of the City Council, including electronic mail messages, notes, memos and calendars (e.g., "Daytimers") are pubic records and are subject to disclosure under the Public Records Law. ~uestionino of Staff by Council Members. Every Council member desiring to question the staff during a Council meeting shall address the questions to the City Manager, who shall be entitled to either answer the inquiry or designate a staff member to do so. 22 MAY 19 196 02:36PM O'DONNELL• RAMIS P.25 o u The quorum requirement for the conduct of Council business is three Council members. Reconsiders ' n of Actions Taken A member who voted with the majority may move for a reconsideration of an action at the same or the next regular meeting. The second of the motion may be a member of the minority. Once a matter has been reconsidered, no motion for further reconsideration shall be made without unanimous consent of the Council. Reoresentin tg he City. When a member of the City Council represents the City before another governmental agency, before a community organization or media, the official should first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Councilor clarifies that those statements do not represent the position of the Council. A. The effectiveness of City lobbying in Salem or in Washington, D.C. depends on the clarity of the City's voice. When Councilors represent the City in a "lobbying" situation, it is appropriate that the Councilors avoid expressions of personal dissent from an adopted Council policy. i^ B. When Councilors attend meeting of organizations such as the League of Oregon Cities or the National League of Cities and their boards and committees, they do so as individual elected officials and are free to express their individual views. If the City Council has an adopted policy relating to an issue under discussion, the Councilor is expected to report that fact. Soeaking by Council Members Any Councilor desiring to be heard shall be recognized by the Mayor, but shall confine his or her remarks to the subject under consideration or to be considered. Councilors will be direct and candid. Councilors will speak one at a time, allowing one another to finish. Special Meetings. The Mayor, or in the Mayor's absence, the President of the Council, may, or, at the request of two members of the Council, shall call a special meeting for the Council. A. Written notice of a special meeting shall be given each member of the Council at least 24 hours in advance of the meeting. The notice shall be served on each member personally or electronically, or if the Councilor is not found, left at his or her place of residence. All notice requirements of ORS 192.640 shall be satisfied before any special meeting can be conducted. 23 MA's' 19 'cg 02:39PM oTONNELL- PAMIS r P.26 B. Special meetings of the Council may also be held at any time by common consent of all members of the Council, subject to notice requirements being met. Councilors shall keep the City Manager informed of their current telephone numbers. Suspension of Rules. These rules may be suspended at any time upon majority vote of a quorum of the Council. Televising of C_ouncit Meetings, Acknowledging that the citizenry of West Linn is generally a sophisticated and interested viewing audience, regular business meetings of the Council will be covered gavel-to-gavel live on the city's government access table channel. Videotapes will be kept permanently. A. To enhance viewer interest and understanding of the subject matter. televised meetings of the Council shall. whenever practical, employ the highest technical quality and techniques, such as multiple camera angles and informational captioning. The producer/camera operator should set the scene for the viewer of each agenda item with a planned series of shots in accordance with the ci4,'s camera operator's guide. B. It is intended that Council meetings be televised in an unbiased, even- handed manner, using camera shots that are appropriate for individual Councilors, witnesses and audience members and are relevant to the discussion. C. Video and audio shall be deleted only for the purpose of conforming with applicable laws governing public broadcasts. Editing for the above purpose and for the insertion of informational titles and graphics will be allowed. Portions of videotaped Council meetings may be used in other news and informational broadcasts provided they are not portrayed out of context D. Regular business meetings of the Council shall be televised live and simultaneously videotaped for subsequent replay an the govemment access channel. Meetings shall be televised and taped in accordance with policies and procedures approved by the City Manager, including the camera operator's guide. Votive. Every Councilor, when a question is taken, shall vote unless a majority of the Council present, for special reason, shall excuse said person. All votes shall be taken by calling the roll. A. No Councilor shall be permitted to vote on any subject in which he or 24 MHti 19 '96 02:40PM O'DONNELL. PkIIS she has a conflict of interest. P." S. The concurrence of a majority of the Council members present at a Council meeting shall be necessary to decide any question before the Council. The meeting recorder shall call the roll, and the order of voting shall be rotated on each question in order that each Councilor has an equal opportunity vote first and last. In the event of a tie vote, the matter before the Council shall be a NO vote. Work Sessions. Work sessions of the City Council shall be held in accordance with the Oregon Public Meetings Law (ORS 192,610-110). Whenever circumstances require such a session, it shall be called by either the Mayor, City Manager or two Councilors. .e-*- wlcrules.doc 7/10/95 25 MA): 19 '98 02: -4OPM O' DONNELL • Pr4MIS Chapter 11 POWERS P.28 Section a. Powers of the CRY. The City shall have ail powers which the Constitution, statutes and common law of the United States and of this State now or hereafter expressly or implied grant or allow the City. as fully as though this Charter specifically enumerated each of those powers. Section 5. Construction of the Charter, in this Charter the mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers which the City would have if the particular power were not mentioned. The Charter shall be liberally construed to the end that the City may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to the State laws and to the municipal home rule provisions of the State Constitution. Section 6. Distribution of Powers. Except as this Charter prescribes otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the City, all powers of the City are vested in the Council. Chapter III FORM OF GOVERNMENT Section 7. Council. The Council shall be composed of a Mayor and four (4) Councilors nominated and elected by position from the City at large. Section 8. Councilors. (a) The Council positions shall be numbered in consecutive order 1. 2. 3, and 4. The Councilors shall be elected to hold office for a period of two (2) years: provided, however, the officers holding office at the time of adoption of this Charter shall hold their offices for the balance of the terms for which they were elected or appointed until their successors are elected and qualified. (b) At the general election in 1984 and every even-numbered year thereafter, Councilors shall be elected. (c) (Repealed 11-04-97) r~ 1994 Nest Linn Charter - 2 (Rev. 11/04/97) r"a)' 19 '96 02:'10PM O'LONNELL, PHMIS P.29 OP.% (d) Each Councilor shall be designated by the same position as the Councilor whom he or she has succeeded or will succeed in office. In all proceedings for the nominations of candidates or declaration of candidacy for the office of Councilor, every petition for nomination, nominee's acceptance, and certificate of election, ballot or other document used in connection with nominations for Councilors shall state the official number of the position as Councilor to which such candidate aspires. His or her name shall appear on the ballot only for such designated position. At all elections each such office of Councilor to be filled shall be separately designated on the ballot by official position number as herein provided, in addition to other matters required by law to appear thereon. (e) Each Council member shall act as a liaison to one or more department(s) within the City pursuant to the rules adopted in Section 20. The Mayor shall make the liaison appointments annually. Each City department shall have at least one liaison. (f) The Council may retain legal advisors as it deems prudent. The legal advisor shall report to and serve at the discretion of the Council. Section 9. Mayor. (a) (Repealed 71-04-97) (b) Mayors shall be elected for two-year terms. Section 10. Terms of Office. The term of office of an elective officer who is elected at a general election begins at the first Council meeting of the year immediately after the election, unless otherwise specified, and continues until the successor to the office assumes the office. (Amended 11-04-97) Section 11. Salaries. The compensation for the services of each City officer, employee, Council member and Mayor shall be the amount fixed by the Council. Section 12. Qualifications, (a) A candidate for City office shall be a qualified elector under the State Constitution and shall have resided in the City during the twelve months immediately before being elected or appointed to the ofa;:e. "City" means the area inside the City limits at the time of the election or appointment. Elected City officers. subsequent to their election or appointment, shall continue to be residents of the City during their entire term of office. (b) No person may be a candidate at a single election for more than one elective City office, (c) An elected officer may be employed in a City position that is substantially -volunteer in nature. Whether the position is so may be decided by the Municipal Court or in some other manner, whichever the Council prescribes. (d) Except as subsection (c) of this section provides to the contrary, the Council is the final judge of the election ana qualifications of its members. 1994 West Linn Charter - 3 (Rev. 1 1 /04/97) r•'Hi" 19 'DDB 02:-31PM O'DONNELL. PHMIS P.30 A, (e) The qualifications of appointed officers of the City are as the Council prescribes or authorizes. Chapter IV COUNCIL Section 13. Meetings. The Council shall hold a regular meeting at least once each month in the City at a time and at a place which it designates. It shall adopt rules for the government of its members and proceedings. The Mayor upon the Mayor's own motion may, or, at the request of two members of the Council, shall by giving notice thereof to aU members of the Council then in the City, call a special meeting for the Council. Public notice shall be given as required by State law. Special meetings of the Council may also be held at any time by common consent of all members of the Council. Section 14. Quorum. A majority of members of the Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance. Section 15. Record of Proceedings. The Council shall cause a record of its proceedings to be kept. Upon the request of any of its members, the ayes and nays upon any question before it shall be taken and entered in the record. Section 16. Proceedings to be Public. No action by the Council shall have legal effect unless the motion for the action and vote by which it is disposed of take place at proceedings open to the public. Section 17. Mayors Functions at Council Meetings. The Mayor shall preside over Council deliberations and shall have a vote on all questions before the Council. The Mayor shall preserve order, enforce the rules of the Council. and determine the order of business under the rules of the Council. Section 18. President of the Council. At the first meeting of each year, the Council shall elect a President from its membership. In the Mayor's absence from a Council meeting, the President shall preside over it. Whenever the Mayor is unable to perform the functions of the office, the President shall act as Mayor. Section 19. Vote Required. Except as this Charter otherwise provides. the concurrence of a majority of the Council members present at a Council meeting snail be necessary to decide any question before the Council. Section 20. Communication with City Departments. The Council shall adopt rules governing communications between departments of the City and individual Council members. Section 21. Appointment and Evaluation of City Manager. 1994 West Linn Charter - 4 (Rev. 11/04197) PlA 1'? "98 02 c 41 PM 0 ' Ell: r-INELL • PAM I P. 31 (a) The Council shall appoint a City Manager for a term specified by contract and may remove the City Manager at its discretion. (b) The Council shall provide a mechanism for public input at least annually into the evaluation of the City Manager's performance and shall consider such public input in its evaluation of the performance and tenure of the City Manager. Chapter V POWERS AND DUTIES OF OFFICERS Section 22. Mayor. The Mayor shall: ® (a) Sign all records of proceedings approved by the Council. (b) Have no veto power. (c) Sign all ordinances passed by the Council. Failure of the Mayor or the President of the Council to sign an ordinance shall not invalidate it. (d) Endorse the bond after the Council approves a bond of a City officer or a bond for license, contract or proposal. (e) Appoint each Council member as a liaison representative to one or more City department(s), (f) Appoint. with the approval of the Council, the boards, commissions and committees provided by the rules of the Council. Members of the Planning Commission and Budget Committee shall have a minimum of six months residency in the City prior to appointment, unless otherwise provided by State law. and shall meet attendance requirements as set by ordinance. Section 23. City Manager. (a) Qualifications. The City Manager shall be the administrative head of the government of the City. The City Manager shall be chosen by the Council without regard to political considerations and solely with reference to the City Manager's executive and administrative qualifications. Before taking office, the City Manager shall give a bond in such amount and with surety as may be approved by the Council. The premiums. on such bond shall be paid by the City. (b) Residency. It is the desire of the people of West Linn, but not a requirement, that the City Manager live in the City during the term of his or her employment. 1994 West Linn Charter - 5 (Rev. 1 1 /04/97) r r-lH r' I'D 'S6 02:4-2PM 0 ' DCr iNELL • PHMI S , r P. 32 - 2.04.010 Cfapter 2.04 2.04.240 Right to speak. 2.04.250 Dissents and protests. CITY COUNCIL 2.06.260 Right of appeal. 2.04.270 Decorum. Sections: . 2.04.280 Question of personal Article IL Authority privilege. 2.04.010 Authority. 2.04.290 Government standards 2.04.020 Purpose. and practices. 2.04.030 Adoption and 2.04.300 Voting requirements. amendment of rules. 2.04.040 Presiding officer-- Article IM Ordinances and Designated. Resolutions 2.04.050 Presiding officer- 2.04.310 Preparation and Powers and duties. introduction. 2.04.060 Signing of documents. 2.04320 Distribution of copies. 2.04330 Reading at council Article II. Meetings meetings. 2.04.070 Regular meetings. 2.04.340 Effective date. 2.04.080 Special meetings. 2.04.350 Posting. 2,04.090 Executive sessions. 2.04.095 Conridentiality. Article IV. Communication with 2.04.100 Quorum. Council 2.04.110 Agenda. 2.04360 Oral communications. 2.04.120 Staff attendance of 2.04.370 Written meetings, communications. 2.04.130 Minutes. 2.04.380 Public hearings. 2.04.140 Order of business. 2.04.150 Discussion of business. Article V. Miscellaneous 2.04.160 Motion procedure. 2.04.390 Council-staff relations. 2.04.170 Motion to postpone or 104.400 Complaints. table. 2.04.420 Council chambers. 2.04.180 Motion to recess or adjourn. Article 1. Authority 104.190 Point of order. 2.04.200 Procedure in absence of 2.04.010 Authority. rules. These rules ate adopted pursuant to .04.210 Effect and suspension of Section 20 of the Milwaukie Charter, which rulm requires that the council adopt rules govern- 2.04.220 Attendance of council ing its meetings and procedures by general member. ordinance. (Ord. 1812 § 1. 1996: Ord. 1480 2.04.230 Seating arrangements. § 1(A), 1981) is (Milvaulde 11.96) ria1,? •S8 plc ~cPr1 (?'DONriELL. RAMPS 2.04.020 2.04.020 purpose. The rules set forth in this chapter are adopted for the purpose of providing guid- ance for council action, providing fair and open deliberation on all questions before the council. expediting council business and ensuring good relationships between the council and the city staff. (Ord. 1480 § 1(B). 1981) 2.04.030 Adoption and amendment of rules. These rules may be amended or now rules adopted by ordinance. Any proposed changes shall be distributed to the council- ors in advance and considered under "other business" on the regular council agenda. (Ord. 1812 § 2. 1996: Ord. 1480 § 1(C), 1981) 2.04.040 Presiding officer-- Designated. The mayor, or in the absence of the mayor, the council president. shall be the presiding officer at all meetings. 'Ihe coun- cil president shall be elected at the first meeting following the seating of any new duly elected members. In the case of the absence of the mayor and the council presi- dent. the city recorder shall call the meeting to order and the council shall elect a chair- person by t:iajority vote. (Ord. 1779 (part), 1995: Ord. 1480 § 2(A). 1981) 2.04.050 presiding officer-Powers and duties. The presiding officer shall conduct all meetings, preserve order, enforce the rules of the council and determine the order and length of discussion on any matter before the council, subject to these rules. The presiding officer may move, second, debate P. 33 and vote and shall not be deprived of any of the rights and privileges of a councilor. (Ord. 1480 § 2(B), 1981) 2.04.060 Signing of documents. T'he mayor shall sign all ordinances, resolutions. contracts and other documents, except where authority to sign certain con- tracts and other documents has been dele- gated to the city manager, and all docu- menu shall be attested to by the city record- er. (Ord. 1480 § 2(C), 1981) Article 11. Meetings 2,04,070 Regular meetings. Begufar meetings shall be held on the first and third Tuesday of each month at seven p.m. in the council chambers at City :call. 10722 SE Mm. Regular meetings may be held at a different time and place by giving appropriate notice at least twenty- four hours in advance. Two regular meet- ings shall be held each month. (Ord. 1480 ¢ 3(A), 1981) 2.04.080 Special meetings. Special meetings may be called by the mayor or two other councilors, and appro- priate notice shall be given to the remaining councilors, the city manager. city attorney and the public. The notice shall specify the meeting time and place and a description of the business to be transacted at the meeting. If a special meeting is called to deal with an emergency involving danger to life or prop- erty, notice is not required. No general legislation may be considered at a special meeting except that for which the meeting is called. (Ord. 1450 § 3(B). 1981) (Milwaukis 11.%) 16 . MH'( 19 '98 02:43PM O'PONNELL, PAMIS P.34 + 2.04 ;090 2.04.090 Executive sessions. and discuss the matter in an executive ses- All meetings shall be held in compliance sion. (Ord. 1807 § 1, 19%) with ORS 192.610 to 192.690 (Public Meet- ing Law). The council may hold closed 2.04.100 Quorum. meetings (executive sessions) pursuant to Three members of the council constitute ORS 192.660. A motion or notice calling a quorum for the conduct 'of business, but for an executive session shall identify the a smaller number may meet to compel the specific statutory authorization. Media rep- attendance of absent members. (Ord. 1480 resentatives will be allowed to attend execu- $ 3(D), 1981) tive sessions. but the council may require that certain information shall not be dis- 2.04.110 Agenda closed, Final action on any matter discussed Documents to be submitted to the council in executive session must be taken at an shall be delivered to the city manager no open meeting. (Ord. 1812 $ 3, 1996: Ord. later than twelve noon on the third working 1592 $ 1, 1986; Ord. 1480 § 3(C), 1981) day preceding a regular meeting and no later than twenty-four hours prior to a spe- 2.04.09S Confidentiality. cial meeting. Copies of the agenda materials A. Councilors will keep all written shall be distributed to each councilor. the materials and verbal information provided city manager. city attorney and others as them on matters of confidentiality under law designated by the council or city manager in complete confidence to insure that the at least forty-eight hours prior to any egu- ci ty' s position is not compromised. No lar meeting. Copies of the printed agenda mention of the information read or heard page will be made available to the public at should be made to anyone other than other the meeting. (Ord. 1480 § 3(E). 1981) councilors, the city manager or the city attorney. 2.04.120 Staff attendance of B. If the council in executive session meetings. provides direction or consensus to staff on Unless excused by the council. the city proposed terms and conditions for any type manager and city attorney shall attend all of negotiations whether it be related to regular and special meetings. The city re- property acquisition or disposal, pending or corder, finance director and public works likely claim or litigation, or employee nego- director shall attend all regular meetings and tiations. all contact with the other parties those special meetings where their atten- shall be made by designated staff or repre- dance is required, unless excused by the sentatives handling the negotiations or liti- city manager. In the event a staff member gction. A councilor will not have any con- is unable to attend a particular meeting, an tact or discussion with any other parry or its alternate may be required. (Ord. 1480 $ representative nor communicate any ex=u- 3(F), 1981) tive session discussion. C. If a councilor does not refrain from 2.04.130 Minutes. disclosing such information as required by All meetings shall be tape-recorded, and the council rules, the council shall convene 17 trwcrww. t t.9at MA's' 1D '98 02:43PM O'DONNELLP P,AMIS 2.44.130 the tapes of all open meetings shall be made available for public examination in the office of the city recorder. The recorder shall prepare written minutes of all open regular and special meetings, which shall be approved by the council and made available for public inspection. Written minutes shall include the names of all councilors present. all motions. resolutions, orders, ordinances and measures proposed and their disposi- tion, the results of all votes, with the vote of each councilor by name unless the vote is unanimous. the substance of the discus- sion of any matter and references to any documents discussed. (Ord. 1812 14, 1996: Ord. 1480 $ 3(G), 1981) 2.04.140 Order or business. A. All regular meetings shall have the following order of business: 1. Call to order; 2. Proclamations, commendations, spe- cial reports and awards; 3. Consent agenda; 4. Audience participation (for items not on the agenda); 5. Public hearings; 6. Other business; 7. Information items; 8. Adjournment of regular session; and 9. Executive sessions, as necessary. B. The order of business may be changed by the presiding officer or majority vote of the remaining councilors. (Ord. 1790, 1995; Ord. 1779 (part), 1995; Ord. 1678, 1990; Ord. 1480 § 7(A), 1981) 2.04.100 A. The right to discuss the business before the council is reserved exclusively for councilors, the manager and the city attorney, with the following exceptions: P. 35 1. Public hearings; 2. Employee complaints, 3. Audience participation agenda. B. The presiding officer may recognize any city staff member or member of the audience for discussion of any matter before the council. (Ord. 1080 $ 7(B). 1981) 2.04.160 Motion procedure. When a motion is moved and seconded, it shall be stated by the presiding officer for debate. A motion once made may not be withdrawn by the stover without the con- sent of the councilor seconding it and the approval of the council. The presiding offi- cer may rule an improper motion out of order or, if the question involves two or more propositions, divide it into two sepa- rate questions.: to councilor shall be al- lowed to speak more than once on a partic- ular question until every other councilor has had an opportunity to do so. (Ord. 1480 § 7(c), 1981) 2.04.170 Motion to postpone or table. A motion to postpone may be debated and amended and may specify a time when the question will be considered. A modon to table precludes all amendments or debate and if the motion prevails, consideration of the question may be resumed only upon the motion of a member voting with the majori- ty. (Ord. 1480 § 7(D), 1981) 2.04.180 Motion to recess or adjourn. a rlotior to adJou^• at any time except; 1. When repeated without intervening discussion; Ar% (Wtwzuaa 11.9s) 18 Mr i Y 19 '913 02 : -1.3Pr1 O ' PuNNELL • PHM I S 2. When made to interrupt another member; 3. When the previous question has been called; 4. When a vote is being taken. 13. A motion to adjourn is debatable only as to time of adjournment. When the meeting agenda includes one or more public hearings. meetings may be adjourned no later than eleven p.m. If there are no public hearings scheduled. meetings may be ad- journed no later than ten p.m. However, the adjournment time may be extended by majority vote. (Ord. 1812 § S. 1996; Ord. 1450 § 7(E), 1981) 2.04.190 Point of order. Any member may raise a point of order at any time and the presiding officer shall determine all points of order, subject to the ,•v right of any councilor to appeal the decision to all council members present. (Ord. 1812 § 6 1996: Ord. 1480 § 7(F), 1981) 2.04.200 Procedure in absence of rules. In the absence of a rule to govern a point or procedure, reference shall be trade to accepted practice in parliamentary bodies. Disputes involving procedural matters shall be settled by reference to Robert's Rules of Order. Revised. (Ord. 1480 § 7(0). 1981) 2.04.210 Effect and suspension of rules. The rules in this chapter are procedural ..lv .-A A.. nlne -e theft: shall not invalidate any action taken. Any rule contained in this chapter may be tem- porarily suspended at any meeting by ma- jority vote of all council rnembers present. P.36 2.04.180 (Ord. 1812 17, 19%: Ord. 1480 § 7(H). 1981) 2,04.220 Attendance of council members. Members are expected to attend all meet- ings. In the event a member is absent from a meeting the council shall determine whether the member's absence will be ex- cused. No member may leave during a meeting without the consent of the presiding officer. (Ord. 1489 § 3, 1981; Ord. 1480 § 4(A). 1981) 204.230 Seating arrangements. Members shall occupy seats in the coun- cil chamber assigned to theta by the mayor. New councilors will occupy the seats of the individuals they replaced unless instructed otherwise. (Ord. 1480 § 4(B). 1981) 2.04.70 Right to speak. Members shall have the right to speak on any matter properly before the council and shall not be interrupted unless called to order by the presiding officer or unless a point of order or personal privilege is raised by another member. (Ord. 1480 § 4(C). 1981) 2.04.250 Dissents and protests. Any member shall have the right to ex- press dissent from or protest against any ordinance or resolution and have the reasons therefor entered in the minutes in summary form. (Ord. 1480 § 4(D). 1981) 2.04.M Right of appeal. Any councilor may appeal from a ruling of the presiding officer, and the ruling may be overruled by majority you. (Ord. 1480 § 4(E). 1981) 19 (MilW&WHC 11463 ria'Y Y3 '98 02: -45PM O' DONNELL. PkI I S 2.04.170 2.04.:70 Decorum. During council meetings, council mem- bers shall preserve order and decorum and shall neither by conversation nor otherwise delay or interrupt the proceedings. Council- ors shall confine their remarks to the ques- tion under debate and avoid all personalities and indecorous language. (Ord. 1480 § 4(F), 1981) 2.04.2>:EO Question of personal privilege. A councilor may interrupt another coun- cilor and address the council on a question of personal privitege in cases where the member's integrity, ebazacter or motives are questioned, if the presiding officer recogniz- es the privilege. (Ord. 1480 § 4(G), 1981) 2.04.290 Government standards and practices. A. Councilors shall review and observe the requirements of the Government Stan- dards and Practices Law (ORS 224.010 to 244.390) dealing with the use of public office for private financial gain. Councilors shall give public notice of any potential conflict of interest, and the notice will be reported in the meeting minutes. In addition to matters of financial interest, councilors shall maintain the highest standards of ethi- cal conduct and assure fair and equal treat- ment of all persons, claims, and transactions coning before the council. This general obligation includes the duty to refrain from: 1. flieelnaino ~nnFae~~:rl i.^.F~.~..~:t0 or making use of special knowledge or information before it is made available to the general public; 2. Making decisions involving business associates, customers, clients and competi- tors; P.37 3. Violating council rules; 4. Appointing relatives, clients or em- ployees to boards and commissions; S. Requesting preferential treatment for themselves, relatives. associates, clients, coworkers or friends; 6. Seeking employment of relatives with the city; 7. Actions benefiaing special interest groups at the expense of the city as a whole; S. Attending meetings or participating in decisions of city boards and commissions where there is a possibility of appeal of the matter to the council; 9. Expressing an opinion which is con- trary to the official position of the council without so stating. B. In general, councilors shall conduct themselves so as to bring, credit upon the government of the city by respecting the rule of law, ensuring nondiscriminatory delivery of public services, keeping in- formed concerning the matters coming before the council and abiding by all deci- sions of the council, whether or not the member voted on the prevailing side. (Ord. 1812 § 8, 1996; Ord. 1480 § 4(H). 1981) 2.04300 Voting requirements. A. Requirement. The concurrence of a majority of all the council members present is required to determine any matter before the council. Each councilor trust vote on all questions before the council unless the IlIb I11VGl 114J 4 bVlllLbt, Of J!A-Atez=-sz Which would disqualify the member from voting. If a member abstains. the reasons for the abstention shall be entered in the record. Unless a councilor abstains, -the member's silence when the vote is taken shall be considered an affirmative vote. "lWaulda it-M) 20 B. Statement of the Question. Immedi- ately prior to the vote, the presiding officer shall restate the question. Following the vote, the presiding officer shall announce whether the question carried or was defeat- ed. The presiding officer may also publicly state the effect of a vote for the benefit of the audience. C. Roll Call Vote. At the request of any councilor, any question shall be voted on by roll call. D. Tie Vote. In the case of a tie vote on any proposal, the proposal shall be consid- ered lost. E. Changing Vote. A councilor may change his or her vote only if the action is taken immediately following the last vote cast and prior to the time that the result of the vote is announced. A councilor shall not be allowed to withdraw an abstention. F. Motion to Reconsider. A motion to reconsider any action may be made only at the same meeting where the action was taken. by a councilor on the prevailing side of the question. Any councilor may make a motion on the same question at any subse- quent meeting. G. Record of Votes. Unless the vote is unanimous, the ayes and nays of each coun- cilor shall be entered in the minutes. (Ord. 1812 § 9. 1996; Ord. 1480 § 5(A-fir). Preparation and All ordinances and resolutions shall be prepared under the supervision of the. ciy attorney and shall be approved as to form by the city attorney. Ordinances and resolu- tions may be introduced by a member of the council, the city manager, the city attorney or any department head. Each proposed ordinance or resolution shall be accompa- nied by a written summery of the action proposed in a form approved by the city attorney. (Ord. 1480 § 6(A), 1981) 2.04.320 Distribution of copies. Whenever possible, copies of a proposed ordinance or resolution shall be made avail- able for public inspection one week prior to the first meeting where they are to be con- sidered. 'The city recorder shall make suffi- cient copies for distribution with the agenda packets and for posting for public inspection at the time the ordinance or resolution is considered. (Ord. 1480 § 6(B). 1981) 2.04330 Reading at council meetings. Unless the motion for adoption provides otherwise, resolutions shall be adopted by reference to the title only. Before being considered for adoption, an ordinance shall be read in full at two separate council meet- ings, except that an ordinance may be adopted at a single meeting by unanimous vote of all council members present after being read once in full and once by title. Both of the readings may be by title only if no councilor objects or if copies are provid- ed each councilor and three copies arc available for public inspection one week before the first reading and notice is given as provided in Section 31(c) of the City Charter. (Ord. 1812 § § 6(C). 1981) 2.04.340 Effective date. Ordinances shall be effective on the thirtieth day following the date of adoption. unless the ordinance provides that it will PINY 19 '9p~ 02:.4SPM OTONNELL. RHMIS 2.04.340 become effective at a later time. An emer- gency ordinance which includes a provision that the ordinance is necessary for the im- mediate preservation of the public peace. property, health, safety or morals may pro- vide that it will become effective upon adoption. Resolutions shall be effective upon adoption. (Ord. 1480 § 6(D), 1981) 2-04.350 Posting. All ordinances shall be posted for ten days after the date of adoption in conspicu- ous places in City Hall and the library. (Ord. 1480 ¢ 6(E), 1981) Article M Communication with Council 104360 Oral communications. Comments from persons other than the council, city manager or city attorney will be entertained only during the part of the agenda where public comments are permit- ted or at the discretion of the presiding officer. The person addressing the council shall first ask to be recognized and then give his or her name and address for the record. Persons addressing the council shall also complete an information card for the record and return it to the city recorder. All remarks shall be directed to the whole coun- cil and the presiding officer may limit com- ments or refuse recognition if the remarks become irrelevant, repetitious, personal. impertinent or slanderous. In the event a member of the audience refuses to abide by the presiding officer's order, that person may be denied further opportunity to ad- dress the council and may be removed upon order of the presiding officer. The order in which audience comments are received is left to the discretion of the presiding officer, P.39 subject to these rules. The presiding officer may request that a spokesman be selected for a group of persons wishing to speak. (Ord. 1480 § 7(A). 1981) 2.04370 Written communications. Written communications addressed to the council shall be forwarded to the council by submission to the city manager prior to the meeting to be placed with the agenda mate- rials or by submission to the presiding officer during the meeting. The presiding officer shall announce the submission of any written communication and reference shall be entered in the minutes. (Ord. 1480 ¢ 7(B), 1981) 2.04.380 Public hearings. A. Public hearings include all items on the agenda on which the public has the right to be heard by law. The order of presenta- tion of testimony at public hearings is as follows: 1. Staff report; 2. Correspondence; 3. Applicant's presentation; 4. Other testimony in favor of the appli- cation; 5. Opponent's testimony; 6. Neutral testimony; 7. Additional staff commans; 8. Qucstions and answers and general comments (at the discretion of the presiding officer); and 9. Applicant's final remarks. B. Following the presentation of testi- mony, the presiding officer shall close the hearing and ask for discussion among the councilors. No further testimony or evi- dence will be accepted without approval of the presiding officer. All hearings shall be conducted in a fair and open manner. Coun- tMn.Wt.11.90 22 Ma, 1 ~g 02: -I6PM O • LOM ELt-. PAMIS cilors shall particularly observe the require- ments of hearings on land use matters deal- ing with ex paste contacts. (Ord. 1812 § 11, 1996: Ord. 1480 § 7(C). 1981) Article V. Miscellaneous 2.04390 Council-staff relations. Councilors shall respect the separation between policy-making and administration by: A. Not attempting to influence or coerce the city manager concerning personnel or purchasing, as outlined in Section 27(f) of the City Charter; B. Addressing all inquiries and requests for information from staff to the city man- ager or city attorney and allowing sufficient time for response. At the discretion of the manager or attorney, inquiries may be for- warded to the full council for consideration. C. Limiting individual contacts with city officers and employees so as not to influ- ence staff decisions or recommendations, undermine the authority of supervisors or prevent the full council from having the benefit of any information received; D. Honoring the confidentiality of dis- cussions with the city attorney; E. Attempting to work together with the staff as a team in a spirit of mutual confi- dence and support. (Ord. 1812 § 12, 1996; Ord. 1480 § 9(A), 1981) 2.04.400 Comnlainte_ Complaints concerning city policies shall be addressed to and heard by the council. Complaints concerning actions of city boards and commissions shall be referred to the particular body for comment. All com- plaints with respect to the management of the city or the actions of any city employee P.40 2.04.380 shall be referred to the city manager for action. The manager may be requested to provide the council a written report of the resolution of the complaint. In all instances deemed appropriate b the council, the council may investigate or cause to be in- vestigated through a formal hearing or otherwise the administration of any depart- ment. (Ord. 1480 $ 9(B), 1981) 2.04.420 Council chambers. The council chambers shall be under the supervision and control of the city recorder when council is not in session. The recorder shall establish procedures for use of the council chambers by other city bodies and private groups and shall have authority to schedule or cancel such use as necessary. (Ord. 1480 § 9(D), 1981) 23 (MIW2UW611.96) MAY 19 '9E 02:47PM O'LONNELL. RAMIS P.41 Section 1 MILWAUKIE CHARTER CRAFTER I NAMES AND BOUNDARIES Section 1. TITLE OF ENACTMENT. This charter may be referred to as the Milwaukee Chatter of 1975. Section 2. NAME OF CITY. The rntt- nicipality of Milwaulde, Clackamas County, Oregon, continues under this charter to be a municipal corporation with the name "City of Milwaukee." Section S. CONSTRUCTION OF POWERS. In this charter, no mention of a particular power is construed to be exclu- sive or to restrict the scope of the powers which the city would have if the particular power were not mentioned. The charter shall be liberally construed to the end that the city may have all powers necessary or convenient for the conduct of its municipal affairs, including all powers that cities may assume pursuant to state laws and to the municipal home rule provisions of the state constitution. All powers are continuing unless a specific grant of power clearly indicates the contrary. Section 3. BOUNDARIES. The city includes all territory encompassed by its boundaries as they now exist or hereafter are modified pursuant to state law. The custodian of the city's records shall keep an accurate, current description of the boundaries and make a copy of it available for public inspection in the city during regular city office hours. CHAPTER II POW`ERS Section 4. POWERS OF THE CITY. The city has all powers which the constitu- tions, statutes, and the common law of the United States and of this state now or here- after expressly or impliedly grant or allow municipalities as fully as though this charter specifically enumerated each of those pow- ers. i .o-, CHAPTER III FORM OF GOVERNMENT Section 6. DISTRIBUTION OF POWERS. All powers of the city are vest- ed in the council except as otherwise specif- ically provided in this charter. In all in- stances deemed appropriate by the council, the council may cause an investigation of the administration of any department through a formal hearing or otherwise. Section 7. COUNCIL. The council is composed of a mayor and four councilors. Each council position is numbered one (1) through four (4), and each candidate shall run either for the mayor nacirinn or a spo_ cific numbered council position. All coun- cilors are elected from the city at large. Councilors shall hold office for a term of four years. No person shall serve, more than two consecutive terms as councilor. C-1 (h0W9UWg 3.95) MP'r' 19 '98 02: 47PM O' DONNELL, P.AMIS Section 8 Section S. MAYOR. The term of office of the mayor elected in November, 1990, shall be for four (4) years. Every four years thereafter, a mayor shall be elected at the general election for a term of four (4) years. No person shall serve more than two con- secutive terms as mayor. Section 9. QUALIFICATIONS OF KLECTIVE OFFICERS, No person is eligible for an elective office in the city unless at the time of the election, the person is a qualified elector of the state and has resided in the city during the six months immediately preceding the election. If dur- ing the term of office, the officer ceases to reside in the city, the office shall be deemed vacant. Section 10. OTHER OFFICERS. Ap- pointive officers of the city are the city manager, city attorney and municipal judge. Each such officer is appointed and removed by a majority vote of the entire council. In the case of the municipal judge, the council may designate a state court to perform the judicial functions of the city, Section 11. COMPENSATION. The council shall prescribe the compensation of city officers. The council may prescribe a plan for reimbursing city personnel for expenses that they incur in serving the city. CHAPTER IV ELECTIONS Section 12. ELECTIONS. City elec. tions are held in accerdance with applicable state election laws. The city manager or P.42 manager's designee, pursuant to directions from the council, shall give-at: least ten days notice of each city election by posting no- tice thereof at a conspicuous place in the city hall and publishing notice at least once in a newspaper of general circulation in the area. The notice shall state the officers to be elected and the ballot title of each measure to be voted upon. Section 13. ELECTION RETURNS. The results of all elections shall be made a matter of record in the record of the pro- ceedings of the council, which shall contain a statement of the total number of votes cast at each election, the votes cast for each person or proposition, the name of each person elected to office, the office to which they have been elected and. a reference to each measure enacted or approved. The city manager or manager's designee shall make, sign and deliver a cert0cate of election for each person elected. Section 14. PROCEDURE WHEN TIE VOTE. When two or more candidates for the same office have an equal and the highest number of votes, the city manager or manager's designee shall have the candi- dates meet publicly to, decide by lot who is elected. Section 15. COMMENCEIMENT OF M ` Or OFFICE. The term of office of each person elected to office at a city election commences at the first council meeting of the first January following the election, Section Ib. OATH OF OFFICE. Each officer, before entering into the duties of the office, shall swear or affirm that they will (MilwAukie 3.93) C-2 MAY 19 '98 02:48PM O'DONNELL. PHMIS Section 19 appoint a qualified person to fill the vacan- cy until the person elected to serve the remainder of the unexpired term takes of- fice, notwithstanding the quorum require- ment in Section 21. If the council fails to do so within 30 days following the occur- rence of a vacancy, the city manager or manager's designee shall call an election on the date provided by state law. CHAPTER VI COUNCIL Section 20. MEETINGS. The council shall hold a regular meeting at least twice each :month in the city at a time and place which it designates. The mayor by motion may, or at the request of at least two mem- bers of the council shall, by giving notice thereof to all members of the council then in the city, call a special meeting of the council. Special meetings of the council may also be held at any time by the com- mor consent of all members of the council. By general ordinance, the council shall prescribe rules governing its meetings and procedures. Section 21. QUORUM. A majority of the members of the whole council autho- rized by law-three of tine i.•e authoLized members-constitutes a quorum for its busi- ness. but a smaller number may meet and compel the attendance of absent members in a manner provided for by ordinance. Section 22. RECORD OF PRO- CEEDENGS. The council shall cause a record of its proceedings to be kept. (Mj1*MKJC 5.95) C--, P.43 Section 23. MAYOR'S DUTIES AT COUNCIL MEETINGS. The mayor shall be chairman of the council. shall preside over its deliberations, and shall have author- ity to preserve order, enforce the rules of the council and determine the order of busi- ness, subject to the rules of the council. The mayor is a voting member of the council. Section 34. PRESIDENT OF TIE COUNCIL. At the first meeting following the seating of any new duly elected mem- bers of the council. the council shall elect a president from its membership. Tn the mayor's absence from the council meeting, the president shall preside but shall have no more than one vote. Section 25. VOTE REQUIRED. The concurrence of a maiority of the whole council shall be required to determine any ;natter before the council. The council does not have the power to provide by rule that an extraordinary majority is required to determine any matter before the council. CHAPTER VII POWERS AND DUTIES OF CITY OFFICERS Sf ctivi. 25. !-Lz dOR_ The rn-yor, with the consent of the council, shall appoint the various committees provided for under the rules of the council or otherwise and fill all vacancies in committees of the council from that body. The mayor shall sigh all ordi- nances and written resolutions and orders approved by the council and shall have no veto power. The mayor shall sign all instru- MAY 19 '98 CJc:: -38PM O' DONrELL RHri I,~ ments and writings authorized by this char- ter, the laws of the state, or the council. Section 27. MANAGE& (a) QUALIRCATIONS. The city man- ager shall be the administrative head of the government of the city. The city manager shall be chosen by the council. without regard to political considerations and solely with reference to executive and administra- tive qualifications. The city manager need not be a resident of the city or of the state at the time of appointrnent, but shall take up legal residency in the city of Milwaukee within six months of the date of hire, or within such time as is agreeable to the council. Before taking office, the city man- ager shall be bondable in such amount with such surety as may be approved by the council. The premiums on such bond shall be paid by the city. (b) TERM. The manager shall be ap- pointed for an indefinite term but may be removed at the pleasure of the council. Upon any vacancy or prospective vacancy occurring in the office of manager the -oun- cil shall at its next meeting adopt a resolu- tion of its intention to appoint another man- ager. The council shall appoint a manager within reasonable time after the adoption of the resolution of intention to fill the vacan- cy. (c) POWERS AND DUTIES. The city manager: (1) shall devote the entire work time to the discharge of official duties and shall attend all meetings of the Council, unless excused therefrom by three councilors or by the mayor, and keep the council advised at all times of the affairs and needs of the city and shall make annual reports, or more P.44 Section 26 frequent if requested by the council, of all the affairs and departments thereof: (2) shall see that all ordinances are en- forced and that the provisions of all fran- chises, leases, contracts. permits, and privi- leges granted by the city are fully observed; (3) shall appoint all city officers and employees and remove them, except as otherwise provided by this charter, and have general supervision and control over them and their work with power to transfer an employee from one department to another and shall exercise supervision and control over the departments to the end of obtaining the utmost efficiency in each of said depart- ments, provided that the city manager shall have no control over the council or the municipal judge regarding judicial func- tions, and shall be subject to and abide by all of the sections of this charter and the duly enacted ordinances and.rules enacted thereunder. (4) shall act as, purchasing agent for all departments of the city, all purchases to be made by requisition signed by the manager. (5) shall be responsible for the prepara- tion and submission to the budget commit- tee of the general budget estimate and such reports as may be required by that body. (6) shall have control, subject to such ordinances as may from bate to time be adopted, of all public utilities owned and operated by the city, and shall have general supervision over all city property; and (7) shall perform such other duties as may be required by mis cnacici of as u,e council may require of the city manager within the provisions of this charter. (d) SEATS AT COUNCIL MEETINGS. The manager and such other officers as tray be designated by vote of the council shall be entitled to seats with the council, but C-5 (sm."c 5.95)