Ordinance No. 12-01

CITY OF SODAVILLE COUNCIL RULES AND PROCEDURES 

The City of Sodaville ordains as follows:

The Common Council of the City of Sodaville adopts the following rules for the governance of its members and proceedings.

SECTION 1. AUTHORITY

1.1 The rules adopted in this ordinance shall be in effect upon their adoption by the council and until such time as they are amended, added to, deleted or replaced in the manner provided by these rules.

1.2 These rules apply equally to the Mayor and Councilors.

1.3 These rules are to be observed in addition to and may not be contradictory to the current City Charter.

1.4 The consistent theme underlying these rules is "respect". Demonstrating respect for each individual through words and actions is the touchstone that can help guide Council members to do the right thing in even the most difficult situations.

SECTION 2. THE MAYOR AND COUNCIL

2.1 The City Council (hereafter, Council) is the policy making body of the City. The Council speaks on policies and issues with one voice or not at all but Councilors are expected to encourage and respect diversity among the viewpoints brought to the Council. Council decisions may not be unanimous but once voted upon define the position of the entire Council. Councilors who do not agree with the Council’s decisions are encouraged to not publicly undermine Council decisions.

2.2 No member of the Council shall be authorized to speak or write on behalf of the Council unless authorized by a majority vote of the Council.

2.3 Council decisions shall predominantly be Policy Decisions. The Council is encouraged to have a collective philosophy, beliefs, values, commitments, and vision.

2.4 Presiding Officer. The Mayor shall be the presiding officer and conduct all meetings, preserve order, enforce the Rules and determine the order and length of discussion on any matter before the Council, subject to these rules. The Council President shall preside in the absence of the Mayor. The Presiding Officer shall not be deprived of any of the rights and privileges of a Councilor. In case of the absence of the Mayor and the Council President, the City Administrator shall call the meeting to order and the Council shall elect a chairperson for the meeting by majority vote.

2.5 Councilors shall diligently prepare for meetings and shall be ready to vote on and discuss agenda items during the meetings. Meetings flow more smoothly and take less time when all Councilors are well informed on issues including law, policy and general information. Councilors will read all information prepared by City Staff prior to meeting time.

2.6 Council members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate for Council members to mention endorsements during Council meetings or other official City meetings.

SECTION 3. COUNCIL MEETINGS

3.1 Regular meetings of the Council will be held the fourth Tuesday of each month beginning at 7:00 p.m. in the Council Chambers at the Sodaville City Hall.

3.2 Times and dates of the regular Council meetings may be changed because of special circumstances, to facilitate work sessions or in order to have a quorum of Councilors at the meeting. Regular meeting notice requirements must be followed.

3.3 Special meetings of the Council may be called at any time on the request of three members of the Council, by the Mayor, or by the Council President in the Mayor’s absence, by giving notice of the meeting to the Council members, news media which have requested notice and the public at least 24 hours in advance, but with a view to obtaining the largest possible attendance of Council members.

3.4 Emergency meetings of the Council are special meetings which can be called when no more than 24 hours notice can be given. The minutes of the meeting need to state the nature of the emergency. Emergency meetings may be held by consent of a majority of Councilors. An attempt must be made to notify the public or the press of the need for any emergency meeting.

3.5 Workshop or Training meetings of the Council may be held at the convenience of the Council at a time when as many Council members as possible can attend. These meetings may be held for Council goal setting, new Councilor training, or longer workshops for planning programs or projects. Any goals arrived at by any process should be confirmed in public at a regular Council meeting. The public is welcome at any of these meetings but they may be held without opportunity for public input.

3.6 Executive sessions may be held by the Council pursuant to ORS 192.640,650,660 and 670. Only those staff members required to attend will be present. Normally the City Administrator is required to attend.

3.7 Public meetings of the Council will be held in accordance with ORS 192.610 -.710. All regular and special meetings will be open to the public and provide an opportunity for public input.

3.8 Public Hearings. Public hearings shall be held i) to gather public input; or ii) in anticipation of legislation; or (iii) sitting in a quasi-judicial capacity. Public hearings shall be preceded by the notice required by law and shall be conducted in compliance with all applicable law.

3.9 Attendance. Councilors shall inform the Mayor or City Administrator as soon as practical if unable to attend any Council meeting. The Mayor will inform the Council President and City Administrator if unable to attend any Council meeting.

3.10 Seating. Seating in the Council Chambers of the Sodaville City Hall is limited to a small number of citizens in attendance. When the Council or Staff anticipates a large number of citizens in attendance for a particular meeting, the meeting place shall be moved to Sand Ridge Charter School.

SECTION 4. AGENDA AND ORDER OF BUSINESS.

4.1 An agenda for each regular Council meeting shall be prepared by the City Administrator. The Mayor or the City Council may direct that specific items be included on the agenda. The City Staff shall be given enough time to do necessary research or prepare necessary reports to address the agenda items. Agendas and informational material shall be distributed to the Council at least 4 business days prior to each regular meeting.

4.2 Order of Business: The normal order of business for a regular Council meeting shall be as follows:

1) Call to Order

2) Pledge of Allegiance

3) Roll Call

4) Approval of Minutes

5) Bills

6) Public Hearings

7) New Business

7) Old Business

8) Public Comment

9) Councilor Reports

10) Motion for Adjournment

4.3 The Mayor may consider agenda items out of order as he/she deems necessary to facilitate the efficient management of the agenda and the needs or convenience of those in attendance.

SECTION 5. PROCEDURE FOR COUNCIL MEETINGS.

5.1 Rules of Order. Unless otherwise provided by law or by these rules, the procedure for Council meetings shall be governed by Robert’s Rules of Order (Current Edition). The Mayor, or Presiding Officer, shall maintain order, allow full discussion of all items on the agenda and get through all agenda items in the allotted meeting time. 

5.2 The Mayor shall remain impartial during all debate, but may express his/her views, and should have the respect of all meeting participants. As per the City Charter, Chapter IV, Section 16. Mayor’s Function at Council Meetings, "1) When present at the council meetings the Mayor shall: a) Preside over deliberations of the council, b) Preserve order, c) Enforce council rules, and d) Determine the order of business under the rules.  2) Notwithstanding subsection 1) of this section, the mayor may temporarily cease to chair a council meeting and delegate the functions described in subsection 1) to another council member.  3) The mayor is a voting member of the council.”

5.3 Call to Order. Includes welcoming public members, a brief explanation of general conduct and courtesy, meeting procedure, and a reminder that, except for staff, we are all volunteers. If possible, a copy of the meeting agenda will be provided for all in attendance at the meeting.

5.4 Recognition. Every Councilor desiring to speak shall first address the Presiding Officer, and await recognition to obtain the floor. No persons other than members of the Council and the person having the floor shall enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer.

5.5 Discussion. When an agenda item is put forth for discussion by the Council, that discussion must focus on the substance of the current item. All other discussion is out of order and not allowed. 

5.6 Order. Councilors shall be acknowledged by the Presiding Officer in order. Once an agenda item or topic has been introduced, it is the Presiding Officer’s responsibility to manage the discussion in an orderly manner. In order to make sure that all participants who wish to speak are heard, the Presiding Officer will allow speakers who have not yet spoken to speak ahead of those who have already spoken.

5.7 Main Motion. When the Council feels the issue has had sufficient discussion and input to propose action, a motion is announced or put forward by a Councilor for the purpose of finalizing the discussion. Each motion requires a "Second" before further action can be taken. No motion shall be debated until it has been seconded and announced clearly by the Presiding Officer.

5.8 Amending a motion. A Councilor who has the floor can move to amend the main motion currently being debated. An amendment is another motion that is used to change, by adding, subtracting or completely changing the main motion under discussion. When the amendment has been moved and seconded, all subsequent discussion must be on the substance of the current motion as amended. An amendment can be passed by a simple majority vote of the Council. A simple majority vote is 2/3rd of all councilors presently serving on the council.  If an amendment is passed, defeated or withdrawn, the discussion goes back to the main motion on the floor with comments based on whether the amendment passed or not. 

5.9 Calling the Question. If a Councilor thinks that additional debate will be unproductive, he/she may "call for the question" which can end the debate. If no other Councilor objects, the meeting proceeds to the motion. If there is an objection, the Councilors vote on whether to end the debate. A 2/3rds majority vote is required to pass the motion and no debate is allowed. If the "call for the question" motion is passed, a vote on the main motion is taken with no additional debate.

5.10 Voting. Prior to a vote, the Presiding Officer shall restate the motion or have the maker of the motion restate it to assure clarity of the issue. Except as otherwise provided by these rules or applicable law, when a quorum is present, a majority of the Council present in person or by speaker phone and voting shall decide a motion. Each Councilor’s vote shall be recorded individually. A Councilor who is present but abstains from voting is still counted in the quorum. A Councilor must be present in person or by speaker phone to vote.

5.11 Abstentions. Councilors should abstain from voting only when they have a conflict of interest.

5.12 Tie Votes. A motion fails in the event of a tie vote.

5.13 Point of Order. If a Councilor believes that the meeting is progressing outside the rules of order, he/she can raise a "point of order." In such case, he/she states what rule or order has been violated or not enforced by the Presiding Officer. A point of order can be used to interrupt a speaker. The Presiding Officer has the responsibility of determining if the point is valid or not. A point of order cannot be used to comment on a motion out of turn.

5.14 Challenge the Chair. If a meeting participant feels that his/her point of order or point of privilege was ruled on unfairly by the Presiding Officer, a challenge can be made to the chair. The Presiding Officer will then ask for a motion to uphold the chair’s decision and a vote is taken. The vote by the Council shall decide whether the Presiding Officer’s action on the point was valid or not.

5.15 Point of Information. A point of information is a question raised by a Councilor while another has the floor. The Presiding Officer asks the speaker if he/she wants to entertain the question when asked. The speaker can refuse. A point of information is only a question and cannot be used to speak out of turn or harass a speaker or disrupt the flow of the meeting.

5.16 Table. Normal discussion or debate at a meeting may end in one of several ways. If a Councilor feels that the decision and vote on a motion needs to be delayed for any legitimate reason, that person can move to "table" the motion. A Councilor must be recognized by the Presiding Officer in order to table a motion and cannot request this action at the end of a speech. Generally a specific time limit is mentioned when tabling the motion so as not to leave the motion dangling. A motion to table requires a simple majority vote of councilors present in person or by speaker phone. The discussion allowed after a motion to table is solely about the length of time the motion is to be tabled.

5.18 Rescind. A Councilor may make a motion to rescind only if the motion it refers to was passed at another meeting or on another day. This motion requires a 2/3rds majority of the councilors present in person or by speaker phone to pass.

5.19 Reconsider. A Councilor can make a motion to reconsider if the motion under reconsideration was passed at that same meeting. The motion can only be made by a Councilor who voted with the prevailing majority on the earlier vote on the motion. A 2/3rds majority of the councilors present in person or by speaker phone is required.

5.20 Adjourn. A motion to adjourn takes precedence over all other motions, except a motion to fix the time to adjourn. This motion cannot be debated or amended, nor can a vote to adjourn be reconsidered. A motion to adjourn cannot be made when a speaker has the floor, or when a vote is being conducted. A meeting cannot be adjourned without a motion by a Councilor, a second, and a majority vote of the Councilors present in person or by speaker phone. 

5.21 Public Comment. Members of the public desiring to address the Mayor and Council shall first be recognized by the Presiding Officer and then state their name and address for the record. Unless otherwise designated by the presiding officer, each person shall have up to three minutes to present their comments. Groups with like comments should choose a spokesperson who will present their joint remarks.

5.22 City Councilors normally should not directly respond to a public comment during the public open comment period. Councilor comments should be held until the Councilor comment period later in the meeting or referred to the City staff for a response at a subsequent time.

5.23 The Council addresses policy and goals while the City Staff addresses customers of City services. Councilors should refer people with questions or complaints about City services to the City staff, explaining that if they are not satisfied with the results of the staff’s response, they should ask to be put on the next council meeting agenda or present their issue during the public comment portion at the next council meeting or address a letter to the City Council.

5.24 Anonymous Communications. Anonymous and unsigned communications shall not be introduced in Council meetings.

5.25 Public comment during public hearings. Remarks shall be limited to the question then under discussion. All remarks and questions shall be addressed to the Council as a whole and not to any individual Councilor. Any remarks and questions regarding personnel or administration of the City shall be referred to the Mayor. The Presiding Officer may redirect other questions to a Councilor as appropriate.

5.26 Questions of City Staff by City Councilors. Every Councilor may address questions directly to the staff member presenting an agenda item, which may either answer the inquiry or designate another staff member to do so. Councilors are encouraged to present their questions to the city staff prior to the meeting when possible.

SECTION 6. DECORUM AND ORDER.

6.1 Definition of Decorum according to Webster’s Seventh New Collegiate Dictionary. "decorum, 2. propriety and good taste in conduct or appearance, synonyms: DECENCY, PROPRIETY, DIGNITY, ETIQUETTE: DECORUM suggests conduct according with good taste, often formally prescribed; DECENCY implies behavior according with normal self-respect or profession or condition in life; PROPRIETY suggests an artificial standard of what is correct in conduct or speech; DIGNITY implies reserve or restraint in conduct prompted less by obedience to a code than by a sense of personal integrity or of social importance; ETIQUETTE is the usual term for the detailed rules governing manners and conduct and for the observance of these rules."

6.2 The Presiding Officer shall preserve decorum and decide all points of order, subject to appeal to the Council.

6.3 The Councilors shall help the Presiding Officer preserve decorum during Council meetings and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to follow the authorized directions of the Presiding Officer or these Council Rules.

Councilors are encouraged to avoid the use of facial expressions which may convey "smirking", disbelief, anger or boredom while others are speaking.

Councilors shall, when addressing City Staff, the Council, or members of the public, confine themselves to the questions or issues then under discussion, shall not engage in personal attack, shall not impugn the motives of any speaker, and shall at all times, while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their office.

It is never appropriate for Council members to engage in hostile cross-examination, belligerently challenge or belittle a speaker or make personal attacks or bigoted remarks of any kind, under any circumstance. Council members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive.

Councilors shall dress with dignity and avoid clothing with written messages, especially those which suggest the Councilor is not impartial on an issue which is or is likely to come before the Council or which can reasonably be considered an effort to intimidate the Council and/or members of the public.

6.4 Members of the City Staff, employees of the City and all other persons attending Council meetings shall observe the same rules of procedure, decorum and good conduct applicable to the members of the Council.

6.5 Any person who makes personal, impertinent, or irrelevant remarks or who becomes boisterous while addressing the Council or attending a Council meeting or who interferes with the conduct of the meeting in violation of these rules, may be removed from the room, after fair warning, if the Presiding Officer so directs. In case the Presiding Officer should fail to act, any member of the Council may obtain the floor and move to require enforcement of this rule; upon affirmative vote of the majority of the Council present, the person or persons shall be removed as if the Presiding Officer so directed. Stamping of the feet, whistles, yells and cursing are similarly not permitted.

Such person or persons may be barred from further in person audience before the Council and, in aggravated cases; an appropriate complaint shall be issued by the Presiding Officer to prosecute this person or persons.

6.6 If a meeting is disrupted by members of the audience, or the Council, the Presiding Officer may order that the Council Chamber be cleared and a recess called until order is restored. In extreme cases the Presiding Officer may adjourn the meeting.

6.7 Peace Officer. It may be the policy of the City to have such an officer present at regular and special meetings upon request. The officer shall carry out all authorized orders and instructions given by the Presiding Officer for the purposes of maintaining order and decorum at the Council meetings. If the officer determines that the actions of any person who violates the order and decorum of the meeting constitutes a violation of any provision of any law, the officer may cite such person, or place such person under arrest and cause such person to be prosecuted under the provisions of the applicable law, or take other appropriate action.

Before the officer is directed to remove any person from a Council meeting for inappropriate behavior as described in these rules, that person shall be given a warning by the Presiding Officer to cease his or her conduct.

SECTION 7. CENSURE, SUSPENSION AND DISMISSAL

7.1 The Council has the inherent right to make and enforce its own rules and to ensure compliance with those laws generally applicable to public bodies. Councilors who repeatedly do not follow these rules may be reprimanded or formally censured by the Council and/or be suspended or terminated from their positions on city boards, committees, commissions and task forces. Serious infractions may also lead to other sanctions as deemed appropriate by the Council and authorized by law.

7.2 To exercise such inherent right, the Council has the right to investigate the actions of any Councilor. Such investigation shall be referred to the Council as a whole in executive session to discuss any evidence or finding that reasonable grounds exist that a substantial violation or repeated violation has occurred. Under O.R.S. 192.660(2)(b), individual has the right to request an open meeting.

7.3 No individual Councilor shall have the right to make public any information obtained through such investigation, unless individual has requested it to be an open meeting.

7.4 If the offenses continue, then the matter should be brought to the attention of the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Council President.

7.5 It is the responsibility of the Mayor or Council President to initiate action if a Councilor’s behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting.

SECTION 8. CODE OF ETHICS

8.1 Councilors are encouraged to 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 shall review and be bound by the requirements of the State Ethics Law dealing with use of public office for private financial gain. Councilors should constantly bear in mind these responsibilities to the entire electorate, and refrain from actions benefiting any individual or special interest group at the expense of the City as a whole. Councilors should likewise do everything in their power to insure impartial application of the law to all citizens, and equal treatment of each citizen before the law, without regard to race, national origin, sex, age, social station or economic position.

8.2 If the Mayor or a Councilor represents the City before another public body, governmental agency, community organization or with the media, the Mayor or Councilor should always present the majority position of the Council. Personal opinions and comments may be expressed only if it includes clarification that these statements do not represent the position of the City Council.

8.3 A Councilor must have another Councilor’s concurrence before representing that Councilor’s view or position with the media, if it is different from the majority.

8.4 Councilors are encouraged to visit with other Council Members outside of meetings, so long as they observe the Oregon Open Meeting Law.

SECTION 9. COUNCIL RELATIONS WITH CITY STAFF

9.1 There will be mutual respect from both staff and Councilors of their respective roles and responsibilities when and if expressing criticism in a public meeting.

9.2 No Individual Councilor or City Council Subcommittee has Authority over the City Staff.

9.3 The Council sets City policies and goals, the City staff implements and administers the policies and goals.

9.4 The Councilors may seek information from Staff members regarding the operation of their department, but will not attempt to change or interfere with the operation or practice of any City department or personnel except by directing their concerns about policy to the Council at large.

9.5 During a City Council meeting, all requests for information shall be directed to the Mayor who may then redirect the request to the appropriate staff member. At other times, if the request for information would entail an effort that would require time to be spent in researching and/or preparing a response, the request shall be made directly to the Council at the next scheduled meeting.

9.6 Legal Advice. Requests to the City attorney for advice shall not be made by a Councilor except with the concurrence of the majority of the Council present in person or by speaker phone. The City shall not accept financial responsibility for any legal requests to the City Attorney made by private citizens. Before requesting research or other action by the City attorney, the Council is encouraged to consider consulting with the City Administrator to ascertain whether the request of action can be accomplished more cost-effectively by alternate means. Outside a Council meeting, a Councilor should make requests of the City Attorney through the City Administrator/Recorder or the Mayor, unless the following conditions are met:

• If a Councilor suspects that both the City Administrator/Recorder and Mayor are involved in activities that require the City Attorney’s intervention or review, they may refer a request to contact the City Attorney to the Council President;

• If a Councilor suspects that the City Administrator/Recorder, Mayor, and Council President are involved in activities that require the City Attorney’s intervention or review, they may jointly contact the City Attorney with another Councilor; or

• If a Councilor suspects that the City Administrator/Recorder and all other members of the Council are involved in activities that require the City Attorney’s intervention or review, they may unilaterally make the decision to contact the City Attorney.

All allegations communicated to the City Attorney will require review with all parties prior to making a determination or writing a legal opinion containing unverified allegations.

9.7 List of Items to be Done. The City Administrator shall keep a written running list of all actions to be done as determined by the Council during Council meetings. The list shall include "What is to be done, by whom, by when, what has been done and when" and be available at all times during and between meetings.

SECTION 10. COMMITTEES

10.1 The Mayor shall appoint the committees as outlined in the City Charter.

10.2 Qualifications. All appointees to City boards, commissions or committees shall be registered electors, and shall have resided in the City of Sodaville for a period of at least one year. Task force members may be appointed from inside and outside the city limits but should be involved in the city in some way, such as with a business located within the city.

10.3 The Mayor may, for cause, remove a member from any City board, committee, commission or task force prior to the expiration of the term of office. Reasons for removal may include, but are not limited to: missing three consecutive regular meetings, disruptive or inappropriate behavior prior to, during, or after meetings which prohibit the advisory body from completing its business in a timely manner, or not acting in the best interest of the citizens or City.

10.4 Members of the Council will not attempt to lobby or influence board, committee, task force or commission members on any item under their consideration. It is important for the advisory bodies to make objective recommendations to the Council on items before them. Councilors that attempt to influence board, committee, task force or commission members on an item may prejudice or hinder their role in reviewing the recommendation as Councilors.

10.5 The Budget Committee shall consist of 5 resident lay members and the members of the City Council for a total of 10. The committee shall annually elect a committee chair. The lay members’ terms shall be 3 years, overlapping.

10.6 A Task Force may be appointed for the length of time necessary to accomplish their mission. The appropriate number of appointees may be determined at the time of appointment.

SECTION 11. CONFIDENTIALITY

11.1 Councilors must keep in complete confidence all written material and verbal information provided to them on matters that are confidential under law, to ensure that the City’s position is not compromised. No mention of information read or heard which is confidential under law should be made to anyone other than other Councilors, the senior City Staff or City Attorney and then only on a "need to know" basis.

11.2 If the Council, in executive session, provides opinions or information to Staff on proposed terms and conditions for any type of negotiation whether it be related to property acquisition or disposal, a proposed, pending or likely claim or litigation, and/or employee negotiations, all contact with the other parties shall be made by the designated representative handling the negotiations or litigation.

11.3 All public statements, information or press releases on confidential matters shall be handled by the designated staff or Council spokesperson.

11.4 Public Records. The disposition of public records created or received by Councilors shall be in accordance with Oregon Public Records Law. Written information incidental to the official duties of a Councilor, including electronic mail messages, notes, memos and calendars (e.g., "Daytimers") are public records and are subject to disclosure under the Public Records Law.

SECTION 12. SUSPENSION OR AMENDMENT OF COUNCIL RULES

12.1 Amendments, deletions or additions to these Council Rules shall be by Resolution and approved by the City Council.

Ayes 4

Nays 0

Passed by the Council this 16 day of Feb., 2012.

Approved by the Mayor this 16 day of Feb, 2012.

Mayor _________________________

City Administrator Judy K Smith