Resolution No. 12-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 12- 1-3
A RESOLUTION AMENDING THE TIGARD PLANNING COMMISSION BYLAWS TO BE
CONSISTENT WITH COUNCIL APPROVED MODEL BYLAWS
WHEREAS, the Tigard Planning Commission is currently governed by existing bylaws as amended by the
commission on March 7,2005 and Chapter 2.08 of the Tigard Municipal Code;and
WHEREAS, council approved Model Bylaws in 2010, and directed boards and commissions to adopt bylaws
consistent with the Model Bylaws;and
WHEREAS, on November 21, 2011, the Tigard Planning Commission held a workshop to consider the staff
proposed Draft Tigard Planning Commission Bylaws;and
WHEREAS, on February 6, 2012, the Tigard Planning Commission held a meeting to consider the revised
Tigard Planning Commission Bylaws and,with minor amendments,recommended council adoption;and
WHEREAS,on March 27,2012,the City Council held a public hearing to consider the Planning Commission's
recommendation to adopt the Tigard Planning Commission Bylaws (Exhibit A).
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The revised Planning Commission Bylaws,attached as EXHIBIT A,are hereby adopted.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of T 1/dez(, 2012.
, '�2e
Mayor-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 12- 13
Page 1
EXHIBIT A
CITY OF TIGARD
PLANNING COMMISSION BYLAWS
SECTION 1. CHARGE AND DUTIES
A) The Tigard Planning Commission ("commission") shall have no powers except as conferred
by resolution of the City Council, City Charter, Tigard Municipal Code - Chapter 2.08,
Tigard Development Code -Title 18 or the Oregon Revised Statutes.
B) The commission shall act as an advisory body to the City Council and in specified quasi-
judicial matters, shall act as the review authority.
C) The commission, its members and alternates, shall act in a manner that is in keeping with
applicable federal, state of Oregon and local laws pertaining to conduct and ethics and the
City of Tigard Code of Conduct.Any violation of the provisions of such laws and guidelines
shall be grounds for removal from office.
D) Advisory committees to the commission may be appointed by the commission, by majority
vote of the commission members, for the consideration of special assignments. Advisory
committees formed by the commission, and subcommittees formed by action of City
Council, shall not be authorized to operate under separate bylaws and shall operate in
accordance with the Tigard Municipal Code, Planning Commission Bylaws and any
modifications the City Council may make.
E) The Planning Commission shall act as the Committee for Citizen Involvement for land use
related matters and will meet annually with City Council to evaluate the effectiveness of the
citizen engagement process. (Resolution No. 10-62)
SECTION II. COMPOSITION
A) The commission shall consist of nine voting members ("member or members") appointed
by the City Council with the following representation and restrictions:
1) Not more than two members may be nonresidents of the city.
2) Not more than two members may be city officers,who shall serve as ex officio
nonvoting members.
3) Not more than two members may engage principally in the buying, selling or
developing of real estate for profit as individuals, or be members of any partnership,
or officers or employees of any corporation, that engages principally in the buying,
selling or developing of real estate for profit;
4) Not more than two members shall be engaged in the same kind of occupation,
business,trade or profession.
Recommended Tigard Planning Commission Bylaws 1
EXHIBIT A
5) Two members shall have an expertise related to the design of sites, buildings,
structures or landscapes including but not limited to architects, landscape architects,
engineers and urban design planners.
B) Membership may temporarily drop below required minimums due to either resignations or
difficulty in recruiting qualified applicants.
C) The commission may also have up to two non-voting alternate members ("alternate or
alternates") appointed by the City Council.
SECTION 11I.APPOINTMENTS
A) Council shall fill vacancies with individuals who meet the compositional requirements listed
in Section II.
B) Appointments of members and alternates shall be made by the City Council, with
recommendations from the mayor.
SECTION IV. TERM OF OFFICE
A) Commission members serve for a term of four years, beginning January 1 in the year of
appointment.
B) The term for an alternate begins January 1, or upon appointment, and expires when the next
full-term commission position opens and shall not exceed two years.
C) Any vacancy on the commission shall be filled by appointment by the council and mayor for
the unexpired portion of the term. The unexpired portion of a term does not count towards
the fulfillment of the maximum number of allowed terms.
D) Members may be reappointed for up to two consecutive full terms. Alternates must be
reappointed to serve more than two years.
E) Members shall receive no compensation for their services, but shall be reimbursed for duly
authorized expenses. The community development director shall determine and authorize
reimbursable expenses.
F) A member who seeks to resign from the commission shall submit a written resignation to
the president of the commission, the staff liaison, or the city recorder's office. If possible,
the resignation should allow for a thirty (30) day notice so the City Council can appoint a
replacement.
SECTION V. ORGANIZATION OF THE COMMISSION
A) Officers.The officers of the commission shall be a president and vice-president.
Recommended Tigard Planning Commission Bylaws 2
EXHIBIT A
B) The community development director or designee shall be the secretary of the commission.
The secretary is not a member of the commission.
C) Election.
1) The president and vice-president shall be elected at the first meeting of each odd
numbered year, and shall serve until their successors are elected and qualified. The
term shall start with the first meeting following election or upon election if there is
not a current presiding officer.
2) If the office of the president or vice-president becomes vacant, the commission shall
at its next meeting elect a successor from its members,who shall serve the unexpired
term of the predecessor.
3) Nominations shall be by oral motion. At the close of nominations, the commission
shall vote by voice vote upon the names nominated for the office. If requested by
any member,written ballots shall be used for voting purposes.
D) President.
1) Except as otherwise provided herein, the president shall:
a) Have general directional powers over the commission.
b) Preside over all deliberations and meetings of the commission.
c) Vote on all questions before the commission.
d) Call special meetings of the commission in accordance with these bylaws.
e) Sign all documents memorializing commission action promptly after
approval by the commission. The power to sign reports and other
documents of the commission may be delegated,in writing, to the secretary.
Be an ex-officio member of all commission advisory committees.
g) Be the sole spokesperson for the commission unless this responsibility is
delegated to another member or the staff liaison.
E) Vice-President. During the absence, disability, or disqualification of the president, the vice-
president shall exercise or perform all the duties and be subject to all the responsibilities of the
president. In the absence of the president and vice-president, the remaining members present
shall elect an acting president.
F) Secretary.
1) The secretary shall:
a) Maintain an accurate, permanent, and complete record of all proceedings
conducted before the commission including all applications, appeals,
hearings, continuances, postponements, date of notices, final disposition of
matters, and other steps taken or acts performed by the commission, its
officers,and the secretary.
b) Prepare the agenda and minutes for all commission meetings.
C) Give all notices required by law.
Recommended Tigard Planning Commission Bylaws 3
EXHIBIT A
d) Inform the commission of correspondence relating to commission business
and conduct all correspondence of the commission.
e) Be responsible for meeting logistics.
f) Attend all meetings and hearings of the commission or send a substitute.
g) Perform such other duties for the commission as are customary in that role
to support the duties of the commission.
G) Staff liaisons are the primary contacts for City of Tigard boards and the primary interface
between these bodies and the City Council,city manager and departments. Besides serving as
a technical resource, staff liaisons are responsible for member recruitment and recognition
and monitoring board effectiveness.
SECTION VI. MEETINGS
A) Regular Meetings. Regular meetings of the commission shall be held in the Council
Chambers in City Hall, 13125 SW Hall Blvd.,Tigard, Oregon, or at such other places as may
be determined by the commission, at 7:00 p.m., or other time as determined by the
commission. Meeting dates are normally chosen for timely action on applications submitted
for the commission's consideration and are held at least once a month or as necessary. At
regular meetings, the commission shall consider all matters properly brought before it
without the necessity of prior notice thereof given to any members.
B) Special Meetings. The president of the commission may call a special meeting, and the
president shall call a special meeting upon the request of a majority of the members of the
commission. The call shall state the purpose of the meeting. Unless otherwise specified in
the call, all special meetings shall be held at the regular meeting place and time of the
commission. Notice of special meetings shall be in writing and communicated to all
members and alternates by the secretary at least forty-eight (48) hours before the meeting.
C) Open Meetings. All meetings of the commission shall be open to the public, except that the
commission may hold executive sessions, from which the public may be excluded, in such
manner and for such purposes as may be authorized by law. Representatives of the news
media shall be allowed to attend executive sessions under such conditions governing the
disclosure of information as provided by law.
D) Notice of Meetings.
1) In addition to notice required to be given to commission members and the secretary,
public notice of all commission meetings shall be given in a manner reasonably
calculated to give actual notice to interested persons and consistent with all
applicable requirements of the Tigard Development Code. The notice shall consist
of the time and place of the meeting and an agenda or summary of the subject matter
to be considered.
2) Notice shall be posted in the lobby of City Hall and disseminated to the city
recorder, local news media representatives, and other persons and organizations as
provided by law. At the discretion of the secretary, notice may also be provided to
persons and organizations known to have a special interest in matters to be
Recommended Tigard Planning Commission Bylaws 4
EXHIBIT A
considered by the commission.
3) Notice shall be given not less than five (5) days in advance of a meeting and be
consistent with all applicable requirements of the Tigard Development Code.
However,in case of an emergency,a meeting may be held upon such public notice as
is appropriate in the circumstances.
4) Failure to provide notice as specified in this section shall not invalidate any decision
or proceeding of the commission.
E) Agenda.
1) Order of Business. The order of business at all meetings shall be determined by the
agenda which shall be composed generally of the following items:
a) Call to order;
b) Roll can;
c) Communications;
d) Minutes of previous meetings;
e) Old business - continuances;
New business;
g) Other business; and
h) Adjournment.
2) Any item may be taken out of order by direction of the president.
3) Actions of the commission are not limited to the prepared agenda except for those
subject to notice requirements for land use decisions.
4) Meetings will end at 11:00 p.m., unless there is an affirmative vote by the
commission to extend the time. In the absence of that vote, an item in progress will
be continued as described in G below.
F) Voting.
1) A majority of votes by the members of the commission present at an open meeting
shall determine any question before the commission. A tie vote causes the motion to
fail.
2) Alternates are not allowed to vote under any circumstances, except as provided in
Tigard Municipal Code, Section 2.08.105 - Downtown Design Review Board.
3) When a matter is called for a vote, the president shall, before a vote is taken, restate
the motion and shall announce the decision of the commission after such vote.
4) Voting shall be by voice vote. All votes, whether positive, negative, or abstentions,
shall be recorded in the minutes.
5) Voting"in absentia" or by proxy is not permitted.
G) Continuances,Remands.
1) Any item before the commission may be continued to a subsequent meeting. A
Recommended Tigard Planning Commission Bylaws 5
EXHIBIT A
motion to continue an item shall specify the date when the item shall next be taken
up or the event upon which continuation is to be based. If a matter which originally
required public notice is continued without setting time and place certain, the public
notification must be repeated when time and place are made certain. A list of
continued items, showing the date at which an item was continued, or the event
upon which continuance is based, shall be recorded and kept by the secretary and
made available to the public.
2) Unless otherwise provided by the City Council upon remand of a legislative matter,
any item remanded by the City Council for reconsideration by the commission shall
be treated as a new item, and proceedings shall be provided for as if the matter were
initially before the commission and noticed consistent with all applicable
requirements of the Tigard Development Code.
H) Minutes.
1) The secretary or a designee shall be present at each meeting and shall cause the
proceedings to be electronically recorded. Written minutes summarizing the matters
discussed at a meeting and the view of the participants shall be prepared and
maintained by the secretary. Executive sessions are excluded from published
minutes.
2) Minutes shall be available to the public, upon request, within a reasonable time after
a meeting and shall include the following:
a) Members present;
b) Motions,proposals,measures proposed and their disposition;
C) Results of all votes, including the vote of each member by name if not
unanimous;and
d) Substance of any discussion of any matter.
e) If the minutes are not yet approved by the commission, if requested, draft
minutes,if available,may be provided.
3) Members are expected to vote for approval of the minutes based on the accuracy of
representation of events at the meeting. If there are no corrections, the president
may declare the minutes approved as presented, without the need for a motion and
vote. A vote in favor of adopting minutes does not signify agreement or
disagreement with the commission's actions memorialized in the minutes.
4) Any member not present at a meeting must abstain from voting on approval of the
minutes of that meeting.
I) Agendas and minutes shall be posted for public notice on the City of Tigard web page and in
the lobby of City Hall in compliance with Oregon Public Meetings Law.
J) Rules of Procedure. All rules of order not herein provided for shall be determined in
accordance with the latest edition of "Robert's Rules of Order Newly Revised." However,
the commission has an obligation to be as clear and simple in its procedure as possible.
Recommended Tigard Planning Commission Bylaws 6
EXHIBIT A
K) Commission members and alternates shall not send or receive electronic communications
concerning any matter pending before the commission during a commission meeting.
Electronic communications means e-mail, text messages, or other forms of communications
transmitted or received by technological means.
L) Commission members and alternates shall not use electronic communication devices to
review or access information regarding matters not in consideration before the commission
during a commission meeting. Commission members and alternates may receive emergency
communications regarding personal or work related matters. Electronic communications
devices include but are not limited to lap-top computers, smart phones, cell-phones,
notebooks, or other similar devices capable of transmitting or receiving messages
electronically.
M) Any electronic communications regarding a quasi-judicial matter to be considered by the
commission is an ex parte contact and shall be disclosed as required by law.
SECTION VII. COMMISSION MEMBER AND ALTERNATE RESPONSIBILITIES
A) Commission members shall:
1) Regularly attend meeting and contribute constructively to discussions;
2) Consider and discuss issues from a citywide perspective, as well as that of particular
stakeholder or interests;
3) Strive to reach consensus on matters under consideration;
4) Act with respect and consideration for the viewpoint of others;
5) Not act in an official capacity except through the action of the commission.
6) Not make representations on behalf of the City of Tigard or Planning Commission,
whether intentional or not,without authorization;
7) Thoroughly review all materials provided in advance; and
8) Contact staff liaison if clarification of applicable criteria or other matters is desired.
B) A member absent during the presentation of any evidence in a hearing may not participate in
the deliberations or final determination regarding the matter of the hearing, unless he or she
has reviewed the evidence received and the meeting minutes.
C) Commission alternates shall have the same responsibilities as members except that they shall
not vote.
D) Conflict of Interest Activities
1) A member or alternate of the commission shall not participate in any commission
proceeding or action in which any of the following has a direct or substantial
financial interest:
a) The member or the spouse, brother, sister, child, parent, father-in-law,
mother-in-law of the member;
b) Any business in which the member is then serving or has served within the
Recommended Tigard Planning Commission Bylaws 7
EXHIBIT A
previous two years; or
c) Any business for which the member is negotiating, or for which the member
has an arrangement or understanding concerning prospective partnership or
employment.
2) Any actual or potential interest shall be disclosed at the meeting of the commission
where the action is being taken.
E) Disclosure of Prehearing or Ex-parte Contact
1) A member or alternate shall disclose to the commission, prior to any quasi-judicial
hearing on a petition for a permit or with respect to any contested case, any
prehearing or ex parte contacts with the applicant's officers, agents and employees or
any of the parties to a contested case concerning the permit sought or the question at
issue.
2) A member or alternate shall disqualify himself or be disqualified by the remaining
members of the commission present at a quasi-judicial hearing when it appears that
the impartiality or objectivity of any member has been compromised by prehearing
or ex parte contact.
SECTION VIII. ATTENDANCE
If a member of the commission is unable to attend a meeting, he or she is expected to notify the
secretary as soon as possible. If any member is absent from 6 meetings within one year or three
consecutive meetings without reasonable cause, the issue shall be placed on the upcoming agenda,
and, upon majority vote of the commission, the commission may recommend that the position be
declared vacant. The commission shall forward their action to the mayor and council, who shall
vote whether to accept the commission's recommendation.
SECTION IX. QUORUM
A) At any meeting of the commission, a quorum shall be a majority of the current members of
the commission (excluding alternates). For the purposes of forming a quorum, members
who have disqualified or excused themselves from participation in any matter shall be
counted as present. No action shall be taken in the absence of a quorum except to:
1) Adjust the order of the agenda;
2) Continue quasi-judicial matters and public hearings to a time and place certain;
3) Discuss agenda items not requiring commission action; and
4) Adjourn the meeting.
B) In the event a quorum will not be present at any meeting and no quasi-judicial items are
scheduled for that meeting, the secretary shall notify the commission members and
alternates in advance of that fact, and cancel the meeting. The secretary shall post notice of
the cancelation on the door of the Council Chambers.
Recommended Tigard Planning Commission Bylaws 8
EXHIBIT A
SECTION X. REMOVAL OF MEMBERS
A) The City Council may remove members of the commission in accordance with Section VIII
Attendance.
B) The council may also remove members when, in its judgment, the conduct of a member
does not conform to the City of Tigard Code of Conduct for Boards, Commissions and
Committees or based on other conduct unbecoming a representative of the city.
C) The commission may make a recommendation to council for the removal of a member in
accordance with Section VII - Member Responsibilities. If the commission wishes to
forward a recommendation for replacement to the mayor and City Council,it shall do so in a
timely manner.
SECTION XI. ANNUAL REPORT OF THE COMMISSION
A) Not later than April 1, the commission shall present its annual report to the City Council.
This may take the form of an annual joint meeting.
B) The annual report shall include a summary of key activities, proceedings, and any specific
suggestions or recommendations that the commission believes would be noteworthy to the
council.
C) The annual report shall not be submitted unless approved by the commission.
SECTION XII. AMENDMENTS
A) These bylaws are adopted by resolution of the Tigard City Council, are binding on the
commission, and may be amended by the City Council. The commission may propose
amendments for City Council consideration.
B) Publication and Distribution. A copy of these approved bylaws shall be:
1) Placed on record with the city recorder and the secretary of the commission;
2) Available at each commission meeting;
3) Distributed to each member and alternate of the commission.
Recommended Tigard Planning Commission Bylaws 9