20-24 Council Rules & Committees

CITY OF ELGIN, OREGON RESOLUTION 20 (2024)

A RESOLUTION AMENDING RULES AND PROCEDURES OF THE ELGIN CITY COUNCIL

Whereas, Elgin voters adopted Measure 31-07 renaming the title of City Recorder/Administrator to City Administrator; and

Whereas the Elgin City Charter states, “The mayor shall appoint council members to the committees provided for by the rules of the council. Additional committee members of the general public may be added at the discretion of the council;” and

Whereas, the current Rules & Procedures of the Elgin City Council state, “These rules shall be adopted by resolution of the City Council and may be amended at any time by a majority vote of the City Council and reviewed after each election cycle;”

Resolved, the City Council adopts the revised Rules & Procedures of the Elgin City Council outlined in Exhibit 1; and

Resolved, this Resolution replaces in full the current Rules & Procedures of the Elgin City Council.

Exhibit 1

RULES & PROCEDURES OF THE ELGIN CITY COUNCIL

Amended July 9, 2024

1.0 MEETINGS; GENERAL:

1. Meeting times:  Per City Charter Section 13: The council regular meeting shall be held on the second Tuesday of each month at 7:00 p.m. respectively, in the council chambers.  A City Council workshop session may be held in the council chambers 30-60 minutes before each Council meeting.  The public is invited to attend the workshop sessions as well as the regular Council meetings immediately following the workshops.  The council may, at any upcoming or special meeting, designate a different day, time, and/or place for an upcoming regular meeting.

1. Council members and city staff whose presence at meetings is required shall be at the meeting place five (5) minutes prior to the scheduled start of the meeting so that the meeting can begin promptly. 

2. Mayors Absence: In the event the Mayor is absent the Council President shall preside over the council meeting with full voting powers.  In the event the Mayor and Council President are both absent the council shall move by motion and vote to elect another council member to be acting president, retaining full voting powers. City Charter Section 17.

3. Council Absence:  In the event that a council member knows he or she will not be able to attend a scheduled meeting, he or she will so notify either the Mayor or City Administrator as soon as practicable. City Charter Section 18.

4. Work Sessions: Work sessions shall be held in accordance with applicable state law. Such sessions shall be called by the Mayor, City Administrator or at the request of at least three (3) council members. City Charter Section 13.

5. Special Meetings:  A special meeting may be called by the Mayor or at the request of at least three (3) council members, to the City Administrator. City Charter Section 13

1. No special meeting shall be held without at least a 24-hour notice to the members of the governing body, the news media which have requested notice and the general public.  In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, but the minutes for such a meeting shall describe the emergency justifying less than a 24-hour notice. 

6. Executive Sessions:  Executive Sessions may be held during regular, or special sessions, so long as applicable statutes are met per ORS 192.660.

7. Public Hearings:  Public Hearings shall be held in conjunction with regular scheduled council meetings whenever possible.

1. Hearings Officer:  The presiding officer shall designate a Hearing Officer to conduct the public hearing when appropriate.

8. Councilor Training and Expenses – All City Councilor training and travel expenses MUST be approved prior to the event by the Mayor.  Any unapproved expenses will be the responsibility of the Councilor.

2.0 MEETINGS GUIDELINES:

1. Quorums: A quorum shall consist of four (4) of the seven (7) council members. If a quorum is not present at the time the meeting is called to order, the City Recorder Administrator shall immediately inform the absent members, except for those known to be unavoidably detained, that their presence is required to enable the Council to proceed.  If the absent members do not appear after said notice, the meeting shall be adjourned. City Charter Section 14.

2. Robert’s Rules of Order:  Robert’s Rules of Order Revised shall be used as a general guide for conduct of Council meetings.  The Council has an obligation to be clear and simple in its procedures and the consideration of issues before it.  It should avoid invoking the finer points of Parliamentary procedure which may serve only to obscure the issues and to arouse the suspicion of the audience. 

3. Agenda:  The City Recorder Administrator shall, prepare an agenda of the business to be conducted at regular Council meetings for the approval of the Mayor.  No item shall be added to the agenda after 3:00 p.m. on the Wednesday preceding the meeting.  The agenda shall be prepared in accordance with paragraph 2.3.1.  The Council shall consider only those items on the agenda.  In order for the Council to consider any item not on the agenda, the Council must first vote to consider that item.  If the item receives less than a majority of the votes of the council members present, it will not be considered at that meeting.  Council members and the Mayor shall endeavor to have subjects they wish considered submitted to the City Recorder Administrator in time to be placed on the agenda.

1. Order of Business:  The order of business at regular council meetings shall be determined by the Mayor and City Administrator per the following items including but not limited to:

• Call to Order/Flag Salute

• Approve the Minutes

• Revise/Approve agenda

• Departmental Reports  

1. Law Enforcement

2. Public Works

3. Library

4. Planning Commission

5. Ambulance

6. Municipal Court

7. Recorder/Administrator

• Citizen’s Concerns – Citizens may comment on or provide information on agenda items or approved material submitted in advance for Council consideration.

• Committee Reports

1. Mayor’s project

2. Administration

3. Public Safety

4. Public Works

5. Student Council

• Old Business

• New Business

• Correspondence

• Good of the Order 

• Citizen’s Considerations – Citizens may bring up any matters of concern for future consideration by the Council.

• Future Meetings Date / Time

• Adjourn

2. The Council shall, by majority vote, approve Mayor Appointments and removals of all officers of the City, members of all committees, commissions, and boards.

3. Interference – If the Council appoints a municipal judge, the Council may meet with the judge, but in no instance, shall the Council be permitted to interfere with the judge’s exercise of judicial authority or discretion.

4. Citizen Concerns:  Citizens desiring to have an issue placed on the agenda for discussion by the council shall, prior to 3:00 p.m. of the Wednesday preceding the council meeting, submit a letter explaining the issue to the Mayor and City Administrator.  The issue shall be placed on the agenda if appropriate.  It is expected that the petitioning party shall appear at the Council meeting to address the Council.  The petitioning party shall confine their remarks to a three (3) minute presentation.  (Additional time may be granted should the Mayor or members of the Council wish to question the petitioner.)  Citizens shall also have the opportunity to address the Council under “Citizens Considerations” at the end of the meeting without going through the agenda process.  Items brought up under Citizens Considerations may be considered by the Council at a future meeting.

1. Documents prepared by citizen groups shall be submitted to the Council for approval only.  There shall be no editing or changes made to the document, except correction of typographical errors, during the open Council meeting.  Each document shall be submitted to a Council vote.  If the vote to approve fails, then the document shall be returned to the originating organization for correction or amendment.  Each of the council members who voted in the negative for editing changes may submit in writing to the originating group their comments for consideration and inclusion into the amended document.  These written comments shall be submitted to the originating organization within ten (10) days after the Council vote.

2. Issues raised by a citizen during the Citizen Considerations period of the agenda, but not communicated to the Mayor and City Administrator by 3:00 p.m. of the Wednesday preceding the council meeting shall only be discussed by the Council if the Council first votes to consider said item. 

3. Citizens are encouraged to provide comments, and to communicate their views to the City Council.  Comments and suggestions may be submitted in writing or given at public meetings.  Written comments may be read into the record of the public meeting, however, City Councilors, the Mayor, and City staff shall not be required to read submitted statements into the record.  Citizens may read their own statements, or enlist the aid of another Citizen to read a letter to the Council.

5. Speaking by Council Members:  Council members wishing to speak shall first receive recognition by the chair and shall confine his or her remarks to the topic under debate.  Each council member shall be allowed to state his or her position on each agenda item.    All councilors shall be given equal opportunity to speak. 

When each councilor has been given the opportunity to state his or her views, the presiding officer shall once again offer each councilor a chance to comment on the views previously presented.

6. Speaking by Members of the Audience at a Public Hearing:

1. Member of the audience wishing to speak at the public comment period at a public hearing shall raise their hand and wait to be recognized by the chair.  After recognition, that person shall come forward, state his or her name and place of residence for the record, and limit his or her remarks to the issue under consideration. All remarks and questions shall be addressed to the presiding officer and not to any individual council member, staff member or other person to answer the question, if appropriate.  Public comment shall be limited to three (3) minutes unless extended by the chair.

2. No member of the audience shall be allowed to speak at a Public Hearing more than once on any subject until other members of the audience choosing to speak have so spoken.  In any event no member of the audience shall speak more than twice on the same issue at any one hearing.

3. After a public hearing has been closed, no member of the audience shall address the Council without first securing permission from the chair.

7. Speaking by Members of the Audience at City Council meetings:

1. The Oregon Public Meetings law is a public attendance law, not a public participation law.  Members of the public must be allowed to attend meetings, but public comment is not a requirement under the law.  The City of Elgin wishes to receive appropriate public input at its meetings, and therefore, has promulgated these rules to maintain an orderly public comment process. 

2. No person, be it a council member, city staff, or member of the audience, shall enter into any discussion unless first recognized by the chair.

3. Those members of the audience addressing the council at the beginning of a meeting under citizen concerns shall be limited to three (3) minutes.  Public comment at this portion of the meeting shall be related to agenda items to be considered at the meeting.  No member of the audience shall be allowed to speak at a City Council meeting more than once on any subject until other members of the audience choosing to speak have so spoken.  In any event no member of the audience shall speak more than twice on the same issue at any on meeting. 

4. After a motion has been made and seconded no member of the audience shall address the council without first securing permission from the chair.

3.0 ORDER AND DECORUM:

1. Order by the Chair:  the presiding officer (usually the Mayor) will have complete control of the meeting.  Any attempt to override a decision of the presiding officer must be supported by a majority vote of the council members.

2. Council Etiquette:  No council member will ever chastise, denigrate, or criticize anyone during an open council meeting.  If attempts to deal with these problems in a private two-way conversation fail, then the council member may petition the Mayor to convene a full council executive session to deal with the problem.  In no case shall a council member deal with any city employee personnel problems except through the City Administrator. The chain of command must be observed. 

3. Any of the following shall be sufficient cause to remove any person from the council chambers for the duration of the meeting, if such conduct, in the opinion of the chair rises to the level of Disorderly Conduct.

   1. The use of unreasonably loud, offensive of disruptive language.

   2. The making of loud or disruptive noises.

   3. The willful damage of furnishing or of the interior of the council chambers

   4. The refusal to obey any of the rules of conduct provided within this article, the limitations on occupancy and seating capacity.

   5. The engaging of violent distracting actions. 

3.4 Meeting Disruptions:  Unreasonably loud noises, or disruptive language or conduct, is hereby defined as that which obstructs the work or the conduct of business of the council.

3.4.1 Before the Presiding Officer removes any person from the meeting room for conduct described in paragraph 3.3, that person shall be given a warning by the chair to cease his or her conduct.

3.4.2 If the meeting is disrupted by members of the audience, the chair or a majority of the council members present may order that the council chambers be cleared.

3.5 Media:  The taking of photographs, motion picture filming, and video recording in the council chambers shall be allowed except when the taking of such photographs, motion pictures or video recordings is disruptive to the business of the council.

3.5.1 No unofficial flags, posters, placards or signs, shall be allowed within the council chambers.  This restriction does not apply to armbands, emblems, badges or other articles worn on personal clothing of individuals, provided that such a size and nature do not interfere with vision, hearing or seating of other members of the audience.

4.0 VOTING:

1. Duty to Vote:  All council members present, when a question is called shall be entitled to vote unless otherwise disqualified by a conflict of interest as provided by Oregon Law.  Unless an abstention is declared, it shall be considered a negative vote.

1. When not otherwise provided by City Charter, the concurrence of a majority of the members of the Council present shall be necessary to decide any question.

5.0 Censure (and Removal)

1. 1. The Council may enforce these rules and ensure compliance with city ordinances, charter and state laws applicable to governing bodies.  If a member of council violates these rules, city ordinances, the city charger or state laws applicable to governing bodies, the council may take action to protect the integrity of the council and discipline the member with a public reprimand (or removal as provided for in the city charter.)

   2. The council may investigate the actions of any member of council and meet in executive session under ORS 192.6601(2)(b) to discuss any finding that reasonable grounds exist that a violation of these rules, local ordinance, the city charter, or state laws applicable to governing bodies has occurred.  Sufficient notice must be given to the affected member to afford them the opportunity to request an open hearing under ORS 192.660(2)(b).

These rules shall be adopted by resolution of the City Council and may be amended at any time by a majority vote of the City Council and reviewed after each election cycle.

6.0 Committees

1. 1. All City Committees will operate under the Rules and Procedures of the Elgin City Council, except that references to the Mayor will apply to the Committee Chair and references to the Council President will apply to the Vice Chair; the Committees meet on different schedules than the Council but still require the agenda to be completed by 3:00PM six days prior to the meeting; the agenda shall be assembled by the Administrator and Committee Chair; training and travel for committee members may only be approved by the City Council; and there will be no executive sessions. Committees will review matters enumerated in these rules, matters delegated by the Council, and matters recommended by the Administration.

   2. All City Committees shall have seven members unless preempted by statute or ordinance.

   3. All Committee members shall be appointed in staggered 3-year terms fixed to calendar years.

   4. All City Committees shall elect a Chair and Vice Chair at the first meeting of every calendar year.

   5. The Administration Committee shall be composed solely of individuals registered to vote at properties within the Elgin city limits, with membership including former elected, appointed, or employed City officials. This Committee shall review general City finances and operations, serve as the review body for all Council referral ballot measures after 2024, and advise the Council on the Administration Department. Only Councilors appointed to the Administration Committee shall sign official records.

   6. The Public Safety Committee shall be composed of members with an interest or background in public safety topics, including law enforcement, disaster response, and medical services. No more than two members may be non-residents of the City. In addition to advising the Council on public safety and those matters delegated for review, Committee members shall have those powers and rights afforded to them by the law enforcement contract with Union County on behalf of the Sheriff’s Office. This Committee will advise the Council regarding the Department of Public Safety, including the Ordinance Officer and ambulance services.

   7. The Public Works Committee shall be composed of members with an interest or background in infrastructure topics, including transportation, water, solid waste, and sewers. No more than two members may be non-residents of the City. This Committee will advise the Council regarding the Department of Public Works.

   8. The Library Advisory Board shall be composed of members with an interest or background in library-related topics, including research, education, and computer science. No more than two members may be non-residents of the City. This Committee will advise the Council regarding the Department of Library Services.

   9. The Budget Committee is governed by Oregon Revised Statutes Chapter 294, which overrides any conflicting element of this Resolution.

   10. The Planning Commission is governed by Elgin Municipal Code Chapter 2.20 - Planning Commission, which overrides any conflicting element of this Resolution.

   11. The Parks & Recreation Committee shall be composed of members with an interest or background in park operations, recreation, and tourism promotion. At least one member should be an individual registered to vote at the Hu-Na-Ha RV Park, and no more than two members may be non-residents of the City. The Committee will advise the Council regarding parks, recreation, and tourism promotion duties of the Department of Administration, as well as the Hu-Na-Ha RV Park.

   12. The Council may appoint other Ad Hoc Committees as it sees necessary without requiring an addition to these rules. Any Ad Hoc Committee that must meet for more than one year should be incorporated into these Rules or else re-established. Ad Hoc Committees shall conform to these rules.

PASSED AND ADOPTED this 9th day of July 2024.