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Resolution No. 17-43 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- "-1-3 A RESOLUTION OF THE CITY OF TIGARD TO CHANGE THE CURRENT BUDGET COMMITTEE BY-LAWS, SECTION IV-TERM OF OFFICE SO THAT THE TERM LIMIT RULE IS REMOVED AND TO CORRECT SECTION VI PERTAINING TO RULE OF BUDGET COMMITTEE MAJORITY TO CORRESPOND WITH OREGON BUDGET LAW WHEREAS, the current City of Tigard Budget Committee By Laws, Section IV, D states that, `Members may be reappointed for up to two consecutive terms;'and WHEREAS, during discussions at the last budget cycle, a suggestion was made to remove this term limit stipulation in order to increase budget committee finance decision continuity;and WHEREAS, the current by-laws state in Section VI Meetings., Article E that, "A majority of votes of committee members present shall determine the official position...", but Oregon Budget Law states that in order to take action,there needs to be a majority of more than 1/2 of the total members of the committee. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: City Council approves the changes in the Budget Committee By-Laws, to remove the term limit stipulation for citizen members and to align the votes needed to action with the Oregon Budget Law,as outlined the attached Budget Committee By Law revision. SECTION 2: SECTION 3:This resolution is effective immediately upon passage. PASSED: This 7 day of d e' 2017. S11) Mayo -City of Tigard ATTEST: 7 City Recorder-City of Tigard RESOLUTION NO. 17- tf 5 Page 1 City of Tigard Budget Committee M ODEL BYLAWS • The model bylaws were developed using the City Center Advisory Committee and Tigard Tree Board Bylaws. • The model bylaws serve as a guide for boards. • Section headings should remain the same for all boards. • Boards have discretion to revise the model bylaws with the exception of areas highlighted in gray. SECTION I. CHARGE AND DUTIES A. The Budget Committee hereafter referred to as the "committee" shall have no powers except as conferred by resolution, City Charter,Tigard Municipal Code, or the Oregon Revised Statutes. B. It shall be the function of the Budget Committee to act as an advisory body to approve the annual budget per ORS 294.336,which specifies that a budget committee must be established. C. The committee and its members shall conduct itself in a manner that's in keeping with applicable federal, state, and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct. Any violation of the provisions of such laws shall be grounds for removal from office. D. The Budget Committee is charged with advising the City Council on matters pertaining to: • City Finance including: revenue sources, citywide expenses, debt,policies, forecasting and the Capital Improvement Plan. E. The committee may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. SECTION II. COMPOSITION A. The committee shall consist of members of the Tigard City Council,including the Mayor,and an equal number of appointed members. An alternate member is also appointed. • Members must be residents of Tigard. B. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applications. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 1 SECTION III.APPOINTMENTS A. Appointed members must be qualified voters of the city who have a right to vote on the adoption of any measure. They cannot be employees,officers or agents of the city. B. Appointments of at-large members shall be made the City Council,with recommendations from the Mayor. SECTION IV.TERM OF OFFICE A. Committee members have staggered, three-year terms. B. No one on the Budget Committee receives compensation for serving on this committee, but are eligible for expense reimbursement. E—Any vacancy on the committee shall be filled by appointment by the council and Mayor for the unexpired portion of the term. The tmeTired Y;,ru,,n of a C. D. Members may be reappointed. At the conclusion of a 3-year term, a member who wishes another term must go through the appointment process as outlined in Section III. E. An individual committee member may not act in an official capacity except through the action of the committee. F. A member who seeks to resign from the committee shall submit a written resignation to the chair of the committee, 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 COMMITTEE A. At the Proposed Budget meeting,and thereafter annually,the committee shall elect a Chair from its members who shall hold office at the pleasure of the committee. o Chait. The chair shall have general directional powers over the committee. The chair shall preside at all meetings and,in consultation with support staff, set the agendas and notify the board of all meeting times and place. The chair shall be the sole spokesperson for the committee unless this responsibility is delegated to support staff. • The committee also elects a Secretary to serve for one year. B. If the Chair should resign,the committee shall,at its next meeting,conduct an election and provide a replacement to fill the unexpired term. C. 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 meeting logistics, member recruitment and recognition, recordkeeping, and monitoring board effectiveness. Q City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov I page 2 SECTION VI.MEETINGS A. The regular meeting of the committee shall be held to hear the City Manager's budget message and subsequent meetings to deliberate and consider the Proposed Budget for ultimate council adoption prior to June 30 of each year. B. Additional meetings are held on a quarterly basis. C. The parliamentary authority for the Board is Robert's Mules of OrderRevised,except where superseded by these bylaws or local, state, or federal law. D. 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.All meetings shall be open to the public. E. A majority of votes of committee members preserrfshall determine the official position of the committee on a given issue. Alternates are not allowed to vote under any circumstances. F. The Chair shall vote on all matters before the committee unless having declared a conflict of interest. G. Committee members shall not send or receive electronic communications concerning any matter pending before the committee during a committee meeting. • Electronic Communications means e-mail,text messages,or other forms of communications transmitted or received by technological means. • Electronic Communications Devices means lap-top computers,blackberries,cell-phones,notebooks,or other similar devices capable of transmitting or receiving messages electronically. H. Committee member shall not use electronic communication devices to review or access information regarding matters not in consideration before the committee during a committee meeting. SECTION VII.BOARD MEMBER RESPONSIBILITIES Members of the Committee: • Regularly attend meeting and contribute constructively to discussions, • Consider and discuss issues from a Citywide perspective,as well as that of particular stakeholder or interests, • Strive to reach consensus on matters under consideration • Act with respect and consideration for the viewpoint of others • Shall not make representations on behalf of the City of Tigard or Board whether intentional or not,without authorization. • Approve the budget tax rate or tax amounts that will be submitted to the assessor. SECTION VIII.ATTENDANCE If a member is unable to attend a meeting,he or she is expected to notify the Chair. (staff person?) SECTION IX.QUORUM City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 3 At any meeting of the committee, a quorum shall be a majority of the current members (excludes alternates) of the committee. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. In the event a quorum will not be present at any meeting, the staff shall notify the committee members in advance so that a decision may be made whether to meet and take no action on agenda items or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. ORS 294.336...If any appointive member is unable to serve the term for which the member was appointed,or an appointive member resigns prior to completion of the term for which the member was appointed, the governing body of the municipal corporation shall fill the vacancy by appointment for the unexpired term. B. If the number of members of the governing body is reduced or increased by law or charter amendment, the governing body of the municipal corporation shall reduce or increase the number of appointive members of the budget committee so that the number thereof shall be equal to but not greater than the number of members of the governing body. C. To effect a reduction, the governing body of the municipal corporation may remove such number of appointive members as may be necessary. The removals shall be made so that the number remaining will be divided into three,if the terms of the appointive members are governed by subsection (5) of this section, or four,if the terms of the appointive members are governed by subsection (6) of this section, equal appointive members shall be appointed for such terms so that they, together with the members previously appointed,will be divided into three or four, as appropriate under this section, equal or approximately equal groups as to terms. SECTION XI.ANNUAL REPORT OF THE COMMITTEE A. The Annual Approved Budget is submitted to the City Council after the Proposed Budget hearings have been held and must be adopted by the City Council by June 30 of each year. SECTION XII.AMENDMENTS These bylaws are adopted by resolution of the Tigard City Council, are binding on the committee, and may be amended by the City Council. Committees may propose amendments for council consideration. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.dgard-or.gov I page 4