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Resolution No. 19-08 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19-6e A RESOLUTION AMENDING THE COUNCIL GROUND RULES AND SUPERSEDING RESOLUTION NO. 17-01. WHEREAS,the Council Groundrules were reviewed and updated on January 3,2017,with the adoption of Resolution 17-01;and WHEREAS,newly elected officials and mid-term elected officials reviewed the ground rules during a special council meeting held February 13,2019;and WHEREAS, the City Council determined at the February 13,2019 meeting that updating the groundrules was desired. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council Groundrules as outlined in Exhibit A represent the agreement of the Mayor and City Councilors and are hereby adopted. SECTION : This resolution is effective immediately upon passage. PASSED: This day of rr aA "I 2019. May - tty of Tigard AII'EST: Deputy City Recorder—City of Tigard RESOLUTION NO. 19-( Page 1 Exhibit A — Resolution No. 19- 08 Tigard City Council Ground rules The Tigard City Council hereby adopts the following rules for government of its members and proceedings. (Tigard City Charter, Chapter IV, Section 13). These rules will be reviewed and signed by each councilor annually. 1. M andates are not discretionary. Any coundl or councilor who fats to abide by these is at risk of serious trouble and/or dysfunction. 2. Processes and Procedures are the rules the council sets to manage its own busi new. 3. M utual Expectations reflect agreements and understandings among councilors to behave in certa n ways. Once agreements are made, councilors who do not abide by them are likely to be mistrusted by their colleagues. 4. General Guidelines for Effective, Respectful Councils are basic rules of courtesy and respect that should guide my Coundl...or any other group. 1. M andates • I n no case should councilors direct the work of staff. Take issues to the city manager first, giving as much information as possible to ensure a thorough response. • Coundl members will not contact aboard member to lobby on behalf of an individual, business or developer. Coundl members may contact the board member in order to daffy a position taken by the board. Coundl members may respond to i nqui ries from board members. Communications should be for information only. • Board members do not report to individual coundl members Individual councilors have no authority to remove board members • Be aware of the public nature of written notes, calendars, voicemal mom, and e-mal. All written or recorded materials including notes, voic emal, text messages and e-mal created as pat of one's official capacity will be treated as public communication. • Respect the professional duties of city staff. Coundl members should ref ran from disrupting staff from the conduct of their jobs; participating in administrative functions induding directing staff assignments; attending staff mestings unless requested by staff; and imparing the ability of staff to implement policy decisions. • ORS244.025 prohibits any public offidal to solicit or receive my gift of $50 or more from anyone reasonably known to have a legislative or administrative interest. • ORS Chapter 244 governs conflicts of interest among Councilors aid requires disclosure of dl potential or actual conflicts of interest prior to that Coundlor'spartidpation in the matter. Councilors with actual conflicts of interest shall not partidpatein the decision except when allowed by law. Councilors with concerns or questions regarding conflicts of interest are encouraged to contact the Oregon Government Ethics Commission or dty attorney. • Protect confidentid information concerning litigation, personnel, property, or other affairs of the dty. • Use public resources, such as staff time, equipment,supplies or facilities, only for dty-related business. 1I Exhibit A — Resolution No. 19- 08 • A council member may be censured by the other council members for misconduct, nonperformance of duty or failure to obey the laws of the federal, state, or local government. 2. Processes and Procedures Ending Timefor Council Meetings • The char or other members if the char falsto remember may call for a point of order at or around 9 p.m. to review remaning agenda items. The council may reset or reschedule items, which it feels may not be reached prior to the regular time of adjournment. • The council's god is to adjourn prior to 9:30 p.m. unlem extended by majority consent of council members present. If not continued by majority consent, the meeting shsl be adjourned to the next scheduled meeting or the meeting shall be continued to mother regular or special meeting at mother date and time. Citizen Communication • The"Citizen Communication" portion of the agenda isaregular feature of acouncil busing meeting. To manage the agendas to Glow council time to consider the remaning agenda items scheduled for the businax meeting, this agenda item will be allotted a maximum of 20 minutes. This item will be placed near the beginning of the council agenda to give citizens a chance to introduce a topic to the City Council. The mayor or the council president (if the mayor is absent) may ask spes<ers to keep their remarks to about two to five minutes. If a large number of spes<ers have signed up, the mayor might ask spe kers to keep their comments doser to two minutes. • At the condusion of the Citizen Communication period, the mayor, a council member or staff member will comment what, if my, follow-up action will betaken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will updatethe council and community on the review of the issue(s), the action taken to addrms the isq ie, and a statement of what additions action isplanned. Council may decide to refer m issue to staff and/or schedule the topic for alater council meeting. Budget Dedsons • Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or"across the boad," but rather should be made in service or program aces, giving staff full opportunity to provide data dearly defining the anticipated impact of the action. Council Liaisons • Council l iason assignments are determined by consensus of City Council. The god is to have assignments evenly divided between council members. When making assignments consideration should be given to continuity and the background, experience and expertise of individus councilors. Siould two or more Council members seek appointment to a position, preference of the longest serving Council member may be a consideration. • The role of the council liason is to periodicslyattend board meetings, listen to the board discussion, set context for the board regarding council decisions/gods/ policies and city priorities, answer questions and carry concerns and information to report back to the full council. Council liasonsshould consult the boad char regarding the frequency of their 21 Exhibit A — Resolution No. 19- 08 attendance. Coundlorsshould make their role dear to the board when attending a meeting asa coundl liaison. • Coundl liaisons are not to direct the busincm or decision-making process of the board and do not vote of matters before the board. • Coundl liaisons do not initiate, propose or advocatefor their personal position on a matter before the board. • Coundl liaisons at times may advocate council actions on behalf of their assigned board. Great cae must betaken to avoid the appearanceof unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Raining Commission quasi-judicial matters). • Coundl liaisons are expected to represent the city positively and promote constructive relationships with community volunteers and citypartners. Failure to maintain positive relationships cm result in the removal of a Councilor from committee assignments. City Coundl Compensation Today(2019), Section 2.44.020 of the Tigard Munidpal Code provides for compensation for attendance at Cound I meetings and meetings for an intergovernmental board, committee or agency. The code states that the amount of the compensation for Cound I members may be reviewed and set annually by resolution of the City Coundl as pat of the budget cyde. This Tigard Municipal Code section needs to be changed to meet Oregon Government Ethics guidance that it is a perceived and actual conflict of interest for Councilors to approve their current offidal compensation. The current ground rule also statesthat Coundl may elect to enter into an agreement with the Mayor or one City Councilor to assume additiond responsibilitiesfor additional compensation. The additional duties shall relate to representing the city on regional, state or federal issues and committees or task forces, and is set by agreement between the Mayor or Councilor and the Coundl members. (For 2019, Mayor Slider and Coundl President Goodhouse have agreed that the annual Mayor's stipend will be split between them.) 3. M utual Expectations Communication among Councilors • Information received by a council member that affects the coundl should be shared with the whole coundl. The city manager is to decide on "gray areas," but too much information is preferable to too little. • Councilors and the city manager agree to report and discuss any contact that might affect labor rel ations with the entire council in Executive Session. • No surpri or ambushes. • Bounce ideas off each other by phone or informal conversation, always mindful not to form a quorum. • Siare substantive information that is relevant to a mater under consideration from sources outside the public derision-making process with fellow coundl members and staff. • I t is the council's job to govern itself. If a discussion is going overly long or if a discussion becomes heated or ten , a coundl member may consider calling for a point of order to suggest taking a break or deferring the discussion to a future meting. • The presiding officer should invite each councilor to express his or her opinion. 31 Exhibit A — Resolution No. 19- 08 Communication with Staff • Councilors are encouraged to avoid substantive contact with staff below the depatment head level to avoid possibledisruption of work, confusion on priorities and limited scope of respon . • The dty manager shares information equally with councilors. Communication with Boardsand Commissions • Coundl members may attend any boat meeting, which is open to any member of the public. Howe-ver, council members should be sensitive to the way their pectidpation could be viewed as unfarly affecting the process. Communication with Other Public Agend es • Coundl members will be dear about representing the dty or personal interests. If a council member appears before another governmental agency or organization to give a statement on an issue, the council member must dearly state whether the statement reflects personal opinion or isthe offida position of thedty. • If a sound I member is representing the dty on a bond, committee or at a public meeting, that council member will consistently support and advocate the city's offidal position on ai issue and cannot foster or further a personal viewpoint that is inconsistent with the official dty position. Communication on Behalf of the City or the Council • Do not provide the offidai response to communications directed to thefull council. The city manager or mayor wi l l coordinate the response on behalf of thedty. It is appropriate for councilors to acknowledge receipt of communication and thank the sender. • It is the policy of the council that if councilors arecontacted regarding labor relations during labor negotiations or conflict resolution proceedings, the councilors have no comment. • Communication that represents the city's position on ai issue should come through dty hall and be provided by the city manager. Direct submittals or inquiries to the council or individual councilors should be referred to the dty maiager, or councilors may ask the dty manager to look into an issue. • Make no promiocson behalf of the council in unoffida settings. Coundl memberswill frequently beaked to explan a council action or to give their opinion about an issue as they meet and talk with citizens. It is appropriate to give a brie overview. Overt or implidt promises of specific action or promises that city staff will take a specific action ae to be avoided. Use of Electronic Communications Devices During Council Meetings • Coundlorsshall not use electronic communication devices to review or a information regading matters not in consideration before the council during acouncil meeting. 4. General Guidelines for Effective, Respectful Councils • Recognize that you ae seen as a councilor at al times, no matter how you see yourself at aiy paticula time. Thus, councilors are always treated by administration as council members. 41 Exhibit A — Resolution No. 19- 08 • Whenever you put anything in writing, assume that Everyone in thedty is looking over your shoulder. • If acommunication is directed to an individual councilor, you may chooseto respond asap individual or refer to thedty manager. • Councilors are encouraged to manta n open communications with thedty manager, both as a group and individually. • Councilors are encouraged to take issues to the dty manager-first, giving as much information as possi bl e to ensure a thorough response. I n the absence of thedty manager, councilors are encouraged to contact the assistant dty manager. I n the absence of both the dty manager and the assistant dty manager, councilors are encouraged to contact the department head, realizing that the depatment head will discuss my such inquiries with thedty manager. • Communicate dearly, directly and respectfully. Focus on problems and solutions, not people. • Our goal ismutua confidence and respect with staff. Compliment staff members when they make good presentations. Be friendly. Attend staff occasions when you can. • Be courteous. • Honestly share concerns and opinions with each other. • Don't blurt it out on TV. • If you hold back in a meeting,follow up later with fellow councilors or the City Manager. • qpendingcasua ti me together is allowed and encouraged. • Practice civility, professionalism and decorum in discussions aid debate. Difficult questions, tough challenges to apaaticular point of view, and criticism of ideas and information are legitimate elements of democratic governance. This does not d low, however, coundl members to mace belligerent, persona, slanderous, threatening, abusive, or disparaging comments. • Avoid persona comments that are intended to, or could reasonably be construed to, offend other members or citizens. If a council member is offended by the conduct or remarks of another member, the offended member is encouraged to address the matter early with the offending member. • Continue respectful behavior in private. The same level of respect and consideration of differing points of view deemed appropriate for public discussion should be mantaned in private conversations. • Even private conversations can have a public presence. Coundl members should be aware than they are the focus of the public's attention. Even casual conversation about dty busi new, other public offidas or staff may draw attention and be repeated. • Understand proper politica involvement. Coundl members, as private citizens, may support political candidates or issues but such activities must be done sepa defrom their role as a council member. • Be welcoming to speakers and treat them with respect by giving them full attention demonstrated by eye contact and active listening; avoid interrupting them with questions or comments. For may citizens, speaking in front of the coundl is a new and difficult experience. • Coundl members should commit full attention to the speaker. Comments, questions, and non- verba expressions should be appropriate, respectful and professional. • Be honest with fellow coundl members, the public and others. 51 Exhibit A — Resolution No. 19- 08 • Credit others' contributions to moving our community's interests forward. • Make independent, objective,far and impartial judgments by avoiding relationships and transactions that give the appearance of compromising objectivity, independence, and honesty. • Review materials provided in advance of the meeting. • Make every effort to attend meetings • Be prepared to make difficult decisions when necessary. • Contribute to a strong organization that exemplifies transparency. • Make decisions after prudent consideration of their financial impact, taking into account the long-term finandl needs of the city. • Promote meaiingful public involvement in deddon-making prod. • Treat council members, board members staff and the public with patience, courtej and civility, even when we disag-ee on what is best for the community. • Conduct myself in a courteous aid respectful manner at all times • Encourage part ci pation of all persons and groups 61