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HomeMy WebLinkAboutCouncil Resolution 1049I d~7 .6 , ~ ~~o ~, ~ ~ , 'r' " . , !. ~ ~ ~ I ~; ~.. tl ~ a ~ ~ + C ! , a~ ~ ° j '~_ ~ ~ +, d ~ + 1 °S ~. 1 ~~ )~' E ~ ~ ~°~'.~ ~ ~. 1 i. a +Da_J ,`~ 'y~t,i ,,. r ~."',%~~~, i,?<, {.lC~! ~£)lllld~J~ ~)~ lili; ~l~~!)~~i`~1J,t°~!~ ~'d)1C1~ ()1,V('~; L~~.t~I(' ,"(_'.;;1!:~E'.T1+5 ~~ ~.),~~~e'+,V~ _ ~1~_ ~ ~ i`_ r r"~,I~ _ ~i~~ ~'~ ~_.L. 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L~l(; ~~J?~''~~'~~d'?1'.1'~l~ _+~~)JT1~:> C!rf~~;~)n, ''-;,,,, ~~d°r~l~y r„ ,1~~~~;)i, i)~d: ~~~:ilr>° ~.,1'rh(: ~f-"it:~,' ~'f)~1J~(~,il ~lJ?~l tl~.c C~;;ac?.~; c)i`lt~~~i(.;; ~~s t~~<)sr ~(r ~,,~~- ', •l !d)~~)~d3~~ l.lr~''+ ~ `~~~id)ltli~~)r? ~'~aa, 1~&~"!a ;~;'~i(~, ~ ~ :i"~.' N~:' (~-,~~ ~a4;;,`~~)~.~',,>~~ ~l~t! (~~lc~~? m4_~~»~~~°~° ~fih ~i~= C`!~~?~JC~i] srz~~11 ullll7i9~?]]r,% c;~3t~1t)id/~:t;r_?. ^~d3`?f~~?{:^"L (~:~~ ~tl~t,l(.::~i: ~~d:~{Yld)~'~/~(.~3~(7~C,t) t>;1~'7l'7~T, ~"~?.;~1"f !Y1~°~Y~~7(,'1' [;~1d" %~ ° ~. . ~~~1~31'~U1111V 3:d) C~(~(-~~l(' ~LJ1V i,~dlCl"t1.4?~ E)1' ~?~)~?1L1~1~ d;~)J)! ila;[ v)1 111~~~"t'(.'.SL. s''c~;~`~('C~ t)y li`Jd; +f)(.?ti!;J". ~~1~~. ~71~7?d',~~ ~V J',l(:; lJ1 ~1~13:~?~~;71o_~d:f?.R.lC7Ii G~:~l'LS ~)~1~:y~?~?;(° tell.`; '~ w±~t~.~I' 6:1 r~ __ __ _ . _ Rw .. ~.. ~ 9 ', '. ww.. -... ..~ _ _ _ J' '?' Fl lj ±i 1i i' ~:'~~~1v~)1t, ,~'11I?l~','I'1i~y~~`"'s I. lc~~u?:~, t~`c~ur:," I '~lr, ~ i ~~:~~;_ 'I~7~~c Council shall hold itivu i-cf;ular n,cc;tin~;s ol~ 11~c, scc.olid at~d 1o11rth'C"lrursciays oic~ac,l1 n~orlth, c;rccpl: il~ those c~lscs ~.~~l~crc~ tllc C'oltncil iiruis i~ nccc°ssarv t{~ dcsi~~rratc- azloil~lcr clcrtc, clttr, tc~ contliL,ls. 1Zt.i~ti1<ll' m. ~~~i ill~zs shtzll bc. coizvcmctl in tht; City C`our~cil Charnbcrs in City 1.Ia11. shall {~c~ callctl to c~rclc.l at 'I:U{i p.in., <lrul shall acljotlrr: no l~rt.~r t}tc1111(1:0O ~~.t~~. rlnlc~ss c:xtelatlccl by a tzza}ority vote t~ P~t(tc {_`ouitcil or tllc n~tccYil~I; lrlay be colriirzua_I tt~ a later dcsis,~~natecl elate, btlt iiz r~o c;~~eni shall n~cctin~>,s c~tcltci bcyotad c~lcven }~,n~. ~. ~xcetsti~ ~ `•,c°ssic~r~ ,_ I :~;;c;utive scssiotls .nay be callccl 1~_y the ~:1~lyor ot- (~_y nzajorit~r etlilscnt i:~f" all l~~ez~abel-s o~ lie Council. Un1y C'otrncil i~~lclttbrrs, illc C:it}~ ./~clnlinistrator artd hc~z-soias sl'tc cilic~aly inv~tccl l~v tirc{:'ounc~il orthc t;it.y f\cinrinis~tatc~rshall he allizu~cti to attct.ci c,xcct.ltivc se~srilrlti. ht'~)i-CSL'Itl lt1VCti t?l 1'CCOS!nl/CCl t1CW"S ;T]Cil1a Itlay atlCil(l OXCCLIl1V SCSSli;t1`; 111 tccc~rciari~ c,.ti i(h ll;plic±l~lc l;iti~-. ti~c~ lta~tttci-cii~t~zl~sc~l c(trrilt,; t,.~Liuilwc: ~c:s>ic~tt tn~ty 1~L clisclo~ccl ~~, di.~y Ix:r-~on ~>rescnt cl~n-irl,~ strcn session. 3. `~I7ct:ial l,tcciirz;~s. Sl~ccial Nicctin„s rrz<ryhc; ctlllctll~y (hc i~~lrlyorc~rl~y un~lnir»<itts c~~T~scntc?1't11c Coutzcil. Written. ttoticc o1 all sl~ccial rrtcctin~,~s shall l~r ~:~ivcn at lc~lst _2-I hours 11~ azlvancc: 0111~t; schecltzic;cl lnectin~Ts. i~oiicc shall be givcll tc~ each C'otrrtcil tilc.ml~cr, tlzc City -'~dministratc;r, Auld the ~iusizzcss ol~,icc of each Izlcstl nee=rspaher, radio <zlzcl tclcvisiol~ statiozz ~~~hiclz has a ~,~rittclz a-ecltlcst on ile Fol- l~otic,c c>f sl~ccial n>cctinrs, ~ricl tlaa~,lli: <lclivcrccl by mail, c;lcctroz~ic~ iczc~irTril~: (I'AX), 1~;--maim or t,y~ pc,a-st>nal clclivcry. 4. 1'ui~lic .~1tt~;t_rc_iancc, ,'~Il rc~_itll,tr arzcl slzccial. ~n~~t>nv;s shall 1,c; o}7cn tii tlzc 7uhlic. 5. "1 lzc ~~1;~tiu~. T1~c ~Nczyc~r s1~z11 ~z-csi<Ic tli all rc~jtilrlr<lzzcl special rrzcctziltrs arzc~ cxcctltivc ticssiol~s of the Corzzcil and shall 17c tllc rec.o~~,niecl lrc~lcl of il;e City for all. c.cremc>ni,:ll p,.lrposcs. "l,l~c 'llrtyol-;ball vote on ~rll cltlt:stions l~i;l'orc. the Cotznc;il only ~~hcrl nt,ccss<lz-y til l~rcaka tie vote. 'I'llc :'t ta~•c>r sh~rll Il,:lve allthczri? y (c~ pi eserve Dreier, c1l~re.c thi; rtzlcs o f tlzc (::ouzlcl~ and dctcrtt~inc the. orclcz- of~l~rlsizlcss antler' the; rlllcs tzl'thc ('otlneil. 6. ~``ouni_il I',esiclent. ,A1 (he 17rst nlcetin`, ol~caclz ocici-nut7~bcrctl ~-"cal`, the Council shall. bye%at~ _. oCthc Cotancil, elect a 1'resiclent frorrz its znenlhcrslzip. hr thc'vlayoz'sahseztcc (i-c>rri any Co>rtncil zlleetinf>, the; 1'resiclcni shall act as thu presiciin~; ol'iicer. ~'~ lzcricicz- tltc; 'llatiot` is unable, on ~zccoun? ol~abscncc, illti~.ss, or- othcl- canoe, o ~~cr-iuetn the filrtetions of the of=lice, the l't-csiticnt s}za11 clot as ~'I<:tyclr f'r`t3 l';;n~. _~~.~ 1 ~. Staff and Public. Members of the adzninistz•ative staff, employees of the City and other persons attending Council meetings sh~Il obseiv~~•the same nzles of procedure, decorum and good conduct applicable to the memb~:,~s ol;#k~e Council. 15. Removal of an;~person. Ai1y,. persazz, who:: makes persozzal, impertinezlt, slanderous or unauthorized remarks or who fails to comply juith reasonable rules of conduct or who causes a disturbance while addressing the Council or ~~ending a Council meeting shall be removed from the room if the Sergeant-at-Arms is so"directed by the Presiding Officer, In case the Mayor or Presiding Officer should fail to act, any member of the Council may obtain the floor and move to require enforcement of this rule and upon afflrznative vote of the majority of the Council present, the Sergeant-at-Arms shall be authorized to remove the person or persons, as if the Mayor or Presiding Officer so directed. 16. Censure. 16.1 The Council has the inherent right to make and enforce its own z-ules and to ensure compliance with those laws generally applicable to public bodies. Should any Council Member act in any manner constituting a substantial violation of these rules ar other general laws, the Council, acting as the whole, may discipline that Council Member to the extent provided by law, including public reprimand. 16.2 To exercise such inherent right, the Council has the right to investigate the actions of any member of the Council. Such investigation shall be referred to the Committee of the Whole upon a finding that z-easonable grounds exist that a substantial violation has occuz~ed. 16.3 The Committee of the Whole shall investigate the actions and present a report to the Council. Neither the Committee of the Whole nor the Council or any member thereof shaIl have the right to make public any information obtained through such investigation. 16.4 Any member accused of a substantial violation of the Council vales or any other general law shall have the right to present a defense to the allegations, including the right to present rebuttal evidence, and to have representation by Council. Upon finding, by clear and convincing evidence that a substantial violation has occurred and that such violation affects the Council Member's ability to represent the interest of the City as a whole, the Council may, upon unanimous vote of Council Members, other than the Council Member subject to censure proceedings, impose a proper sanction. DUTIIES AND PRl[VYLEGES OF MEMBERS 17. Code of Ethics. Council Members shall conduct themselves so as to bring credit upon the City as a whole, and to set an example of good ethical conduct for all citizens of the community. Councilors should constantly bear in mind these responsibilities to the entire electorate and refrain from actions benefitting any individual or special interest group at the expense of the City as a whole. Council Members should likewise do everything in their power to insure impartial Rules of the Ciry Council February, 2005 Page 3 _~~_ ORDER OF BUSINESS AND AGENDA 23. Order of Business. The busin~s~`of all z'e~ular zz~:eetings of the Council shall be transacted as follows; provided, however, `that when;it alipears to be in the best interest of the public, the Mayor or Presiding Officer znay change the Order of Business: I. Regular Meeting Callao: Order 7.0"0 IX. Business p.m. X. Mayor's Report II. Pledge of Allegiance XI. City Adzrzinistrators Report III. Roll Call XII. Council Reports IV. Special Recognition (when XIII. Department Repor#s appropriate) XIV. Executive Session V. Public Appearances XV. Adjournment VI. Consent Agenda VII. Items Removed from Consent Agenda VIII. Public Hearings, Ordinances & Resolutions 24. Agendas., Staff shall prepare an agenda for every regular, and if requested, for every special Council meeting. Items may be placed on the agenda by any person, but such items shall be presented to the City Administrator, in writing, at least seven days prior to the meeting in which they are to be discussed. Upon approval by the Mayor, City Administrator, or Council Member, the item shall be placed on the agenda for consideration. Agendas and informational material for regular meetings shall be distributed to the Council at least three days prior to the meeting. New business brought before the Council in a meeting may be referred to the City Administrator for a report at a future Council meeting. 2S. Additions to the A e~ A request to add an item for Council consideration to the Council may be presented at the Council meeting but shall require a majority concurrence of the members present to be so added. These items should be limited to emergency items. 26. Special Orders of Business. Agenda items that are of special importance to the Council maybe treated as Special Orders of Business. Special Orders of Business agenda items take precedence aver all other items except Pledge of Allegiance. 27. Consent A eg~nda. Items of a routine and non-controversial nature are placed on the Consent Agenda, The Mayor or any Councilor may request an item be removed from the Consent Agenda if discussion is requested. Presentations or questions of staff may be requested by the Mayor or any Councilor prior to voting on the Consent Agenda and without removing these Rules of the City Council February, 2005 Page 5 _~7_ 35. Public Comrnet~l_Generally. Any-z~nczx~bcr o.f the general public wishing to address the Council an a matter of public concern zrfay~do so at tl~e,`time set foz- public caznzz~ents during each regular session of the Council. Any m~mzbez' so: ~.ddres~sing the Council shall be limited to a period of five minutes within which to make tlemselveshcarcl. The Council, in its sole discretion, rrzay extend this time, or may requ~st.~urtler irtfo~~iatiion be presented to the Council an such date and in such manner as it deems appropriate. ~ ~ ~~~' 36. Persons Sharing Common Concerns. If any group of three oz• more persons sharing a common viewpoint on any subject wishes to address the Council during the time for public comment, the group shall select a spokesperson, who shall present the views of the group to the Council. The Council, in its sole discretion, may request to hear the views of additional speakers from the group. Additional support for the views of the group, in the form of petitions, letters, videotapes, etc., may be presented to the Council for consideration at the conclusion of the spokes person's remarks. 37. Rec~~xest to address the Council. All persons or groups wishing to address the Council during the time set for public comments shall, prior to the convening of the meeting, fill out a written request form provided bythe City Administrator, indicating the name ofthe person, the residence of the person, and the subj ect of public concern on which the persons or groups wishes to address the Council. 3S. Com laints and su estions to the Council. When any citizen brings a complaint before or makes a suggestion to the Council, other than for items already an the agenda, the Mayor ar Presiding Officer shall first determine whether the issue is legislative or administrative in nature and then: 38.1 If legislative, and the complaint is about the letter or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Council may refer the matter to the City Attorney, a committee, the City Administrator or the Committee of the Whoie for study and recommendation. 3$.2 If administrative, and the complaint is regarding administrative staff performance, administrative execution of intezpretation of legislative policy, or administrative policy within the authority of the City Administrator, the Mayor or Presiding Officer shall then refer the complaint directly to the City Administrator for review. The City Administrator shall direct the report to the Council when the review has been made. Rules of the City Council February, 2005 Page 7 _~g.~ 1. To abide by the rules S. To postpone to a certain date 2. To adjourn G. To refez- 3. To lay on the table ,;~'rF,'• 7. Ta amend 4. Far the previous questiUil ~ 8. To postpone indefinitely These motions shall have precddezz~e in tie az'der indicated. Azxy such matian, except a motion to amend, shall be put to a vote without debate. 4$. Motion to be Stated by Mayor or Presiding Officer/Withdrawal. When a motion is made and seconded it shall be stated by the originator or the Mayor ar Presiding Off cer before debate. A motion may not be withdrawn without the consent of the zxzember seconding it. 49. Motion to Adjourn -When not in Order -When not Debatable. A motion to adjourn. will be in order at any tune except as follows: 1. When made as an interruption of a member while speaking 2. When the previous question has been ordered 3. While a vote is being taken A motion to adjouz~ is debatable only as to the time at which the meeting is adjourned. SQ. Madan to Lay on the Table. A matian to lay on the table shall preclude all amendments or debate of the subject under consideration. If the matian sha11 prevail, consideration of the subject maybe resumed only upon motion of a member voting with the majority and with the consent oftwo-thirds of the members present. 51. Division of Question. Ifthe question contains two or more dividable propositions the Mayor or Presiding Officer may upon request of the members, divide the same. 52. Motion to Postpone. All motions to postpone, excepting to postpone indefinitely, may be amended as to time. If a motion to postpone indefinitely is carried, the principal question shall be declared defeated. 53. Suspension of Rules. No rule shall be suspended except by the vote of the majority of Council Members present at the meeting. A motion to suspend a rule is not debatable. 54. Ad'aurned Meetin s. Upon motionand maj oz-ity vote of Council Members present, any meeting of the Council may be continued or adjourned from day to day or for more than one day, provided that no adjournment shall be far a period longer than the next regular meeting thereafter. Rules of the City Council February, 2005 Page 9 ._~1-.. and Lay Committees occupied by that person shall be immediately declared vacant, and a sitting Council Member appointed as a,~-eplacernent. - - ~, .. ~: ,,, 56. Council Committees. l `~ 56.1 Creation and Dissolution.;.,Council'Co~rariiittees may be created at any tune by resolution or motion. All Council Committees Shark lia`.v~ a Chairperson and Secretary, who may be either .~ , . appointed by the Mayor, or by a majoi'it~ vote of the members of the committee in the absence of such appointment. Such committee shall report to the Council without unnecessary delay upon matters referred to them. All Council Committees, so created, shall sunset at the end of their mission, but in all events shall be reviewed at the first Council meeting of January each year for preauthorization, and at such time shall either be prcauthorized or dissolved. 56.2 Membership. Membership on such Council Committees shall include only sitting Council Members, who shall be appointed by the Mayor or Pz•esiding Officer, subj ect to confirmation by the Council. Council Committee appointments shall be for a term of one year, unless otherwise stated, and Councilors maybe reappointed for an indefinite number of terms. 563 Meetings. Council Committee meetings maybe called by the Chairman, or by any two members. A majority of the members of a Committee shall constitute a quorum to do business. 57. Meetin s~Subject to Ore ag n Open Meetings Law. All meetings of any City Boards, Commissions, and Lay Committees or Council Committees shall be subject to and comply with the Oregon Public Meetings Law, ORS 192.610-192.710. 58. uorums. A majority of the sitting members of any City Boards, Commissions, and Lay Committees or Council Committees shall constitute a quorum to do business. 59. Regi5tr~ The City Administrator shall prepare, keep current, and retain on file in the Office of the City Recoxder a list of all appointees to all City Boards, Commissions, and Lay Committees, the date of their appointment, the length of their unexpired term, and their addresses and phone numbers. All Council Members shall be given a copy of this list at least once yeaz-ly, or upon any substantial change in membership of any City Board, Commission, and Lay Committee. MISCELLANEOUS 60. Amendments to Council Rules. Amendments to these rules shall be made by resolution. 61. Anonymous Communications. Anonymous and unsigned communications shall not be introduced in Council meetings. Adopted by Resolution No. , on February _, 2005. Rules of the City Council February, 2005 Page 11 -23- 6. We, as a Council, shall practice the following; procedures in: a. Seeking Clarification p4>Infan~ial Items. ~ ~ ..~ :'~ • Council Members-may.directly approach professional staff members to obtain additional information ~necdeel to supplement, upgrade or enhance their knowledge to iznpz-ve der:"isi`o~ making. b. Handling Complaints. • Complaints made to members of the Council should be directly referred to the Office of the City Administrator for processing. 7. We, as a Council, shall recognize the work of the City as a team effort. All Council Members shall work together in a collaborative process, assisting each other the Mayor or Presiding Officer in conducting the affairs of the City. S. We, as a Council, when responding to citizen requests or concerns, shall be courteous, respond to individuals in a positive manner and may, when appropriate, route their concerns and interests through City Staff: 9. We, as a Council, are encouraged to work with the City Administrator at our mutual convenience, to discuss current issues, policies, concerns, and City projects. 10. We, as a Council, will operate as awhole. Issues ofconcern to individual Council Members will be brought to the attention of the Council as a unit for review and consideration. Ex parte~ communications will be disclosed to all Council business. 11. We, as a Council, shall be responsible for monitoring the City's progress in attaining established goals and objectives. 12. We, as a Council, acknowledge that each Council Member has the right to agree or disagree with any council action or policy and to discuss his or her position on an issue with their constituents. We further agree that such discussions should be conducted with decorum and with the goal of informing the citizenry and fostering confidence in the operation of the City. 13. We, as a Council, shall be prepared by reviewing City materials and will engage in a program of development toward improving our policy and decision making capabilities. 14. We, as a Council, shall be committed to developing short and long range planning goals for the future needs ofthe Gity. Rules of the City Council February, 2005 Page 13 -25-