Loading...
HomeMy WebLinkAboutSSN041921 CITY OF CENTRAL POINT Oregon Council Study Session Minutes Monday, April 19, 2021 I. Call to Order This is a joint Study Session for City Council, Planning Commission and Citizens Advisory Commission. Attendee Name Title Status Arrived Hank Williams Mayor Remote Neil Olsen Ward I Remote Kelley Johnson Ward II Remote Melody Thueson Ward III Remote Taneea Browning Ward IV Remote Rob Hernandez At Large Remote Michael Parsons At Large Remote Also present were Planning Commission members Tom Van Voorees, Jim Mock, Kay Harrison and Brad Cozza. Citizen Advisory Committee members present were David Painter, and Michael House. Staff members presenter were City Manager Chris Clayton; City Attorney Sydney Dreyer; Planning Director Stephanie Holtey; Community Development Director Tom Humphrey; IT Director Jason Richmond; Parks and Public Works Director Matt Samitore; City Recorder Deanna Casey; and Accounting Business Services Coordinator Rachel Neuenschwander. II. Discussion Items 1. Land Use Training Presentation City Attorney Sydnee Dreyer provided training session on Land Use explaining the difference between the Legislative and Quasi-Judicial hearings. Legislative Hearings: The political process or larger geographical area. Used when making amendments or establishing policies and regulations Disclosure of ex parte contacts is not required Conflict of interest disclosure is required No decision is required Quasi-Judicial Hearings: Decision maker acts as the judge Applies to smaller parcels Decision is required Poll the Council or Commission for bias, conflicts, or Ex Parte Contacts Open Public Hearing: Staff Report, Applicants Case, Proponents/Opponents, Applicant City of Central Point City Council Minutes April 19, 2021 Page 2 Rebuttal Ensure testimony is made into the mic, no addressing audience Caution regarding staff questions outside hearing A motion should be on the table for discussion. Declare Nature of the Hearing Before conclusion of a hearing, any participant can request time to submit additional evidence or testimony. Planning Commission or Council must grant request and can either continue the hearing to a certain date, or close the public hearing but keep the record open to a certain date, this limits confusion and limits submissions that will control expansion of testimony. Ex parte contact does not need to be disclosed in the legislative context, but does need to be disclosed in Quasi-Judicial context. Items that should be declared include a site visit after application is filed. You should report the contact including a summary of what is learned. Failure to disclose, or to adequately summarize. Objections to disclosure must be raised by interested parties before the record is closed. When you disclose exparte contact you are not prohibited from deliberating during the meeting. It is not recommended for Council Members to sit in on a planning commission meetings. But if they do make sure there is not a Quorum in attendance. Limit attendance to Legislative not Quasi-Judicial matters. Discussion with staff is not considered Ex Parte contact. Actual Conflict of Interest: Any action or decision or recommendation that would be to the private pecuniary benefit or detriment of the person or the persons relative or any business with which the person or a relative of the person is associated. Potential Conflict of Interest: Any decision by a person acting in a capacity as a public official, the effect of which could be to the private benefit or detriment of the person or the person’s relative, or a business; certain exceptions apply. Exceptions of potential conflicts: An interest or membership/occupation in a particular basis where everyone is effected, or a membership of a board of directors of a non-profit, your relationships as a volunteer, The effect the decision would equally effect all other persons in the group/industry/area. Disclosure of Conflicts Potential conflict of interest: Announce publicly the nature of the potential conflict prior to taking any action Actual Conflict of Interest: Refrain from participating as a public official in any discussion, debate or vote, unless the vote is needed for a quorum Bias is prejudice or prejudgment of the facts to such a degree that an official is incapable of making an objective decision based on the merits of the case. Does not require recusal unless it is an actual bias to the degree that the decision maker City of Central Point City Council Minutes April 19, 2021 Page 3 cannot make a decision based on the record. To challenge a finding of bias the burden is on the petitioner, they would have to prove bias with clear and convincing evidence. Quorum All meetings are subject to public meeting laws when a quorum of council or commission are present for the purpose of conducting city business or gathering information to conduct city business. Can occur at a teleconference, telephone or electronic communications Serial Meetings have been found to be considered gathering of a quorum if the members are discussing the same item. This could be through phone calls or email. Not triggered by social gatherings so long as the purpose is not to conduct city business. Attending training sessions would not be considered a public hearing, unless the training is gathering information specific to city business. BEST PRACTICE: Avoid discussing city business with each other outside a properly noticed public meeting. CONCLUSION: There was discussion regarding hypothetical possible quorums, bias, and conflicts of interest. Regional concern topics. The City Attorney and City staff will be available if there are any questions regarding the topic above. The best practice is to make sure you do not attend events with a quorum of the Council/Commission/Committee. If you are attending an event at the same time as other members avoid getting together in groups to socialize, it could be assumed you are talking city business. The City Recorder can provide copies of the State laws and guidelines for meeting laws. III. Adjournment The Study Session was adjourned at 7:05 p.m. The Study Session for April 19, 2021, was adjourned at 7:03p.m.