Chapter 2.02
CITY COUNCIL – RULES OF PROCEDURE
Sections:
2.02.010 Authority – May 2000 Charter of the city of Culver, Oregon.
2.02.040 Duties and powers of mayor and councilors.
2.02.060 Order of business and agenda.
2.02.070 Ordinances, resolutions and motions.
2.02.080 Creation of committees, boards and commissions.
2.02.100 Filling council vacancies.
2.02.110 Review of final quasi-judicial decisions.
2.02.120 Suspension and amendment of these rules.
2.02.010 Authority – May 2000 Charter of the city of Culver, Oregon.
The May 2000 Charter of the city of Culver provides that the common council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the council and until such times as they are amended or new rules adopted in the manner provided by these rules. [Ord. 00-03 § 1, 2000.]
2.02.020 General rules.
A. Meetings to Be Public. All official meetings of the council shall be open to the public with the exception of the executive sessions for certain limited topics, as defined by statute. The records of proceedings shall be open to the public for inspection.
B. Quorum. Three council members shall be in attendance to constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.
C. Compelling Attendance. The council may adjourn from day to day to compel the attendance of absent members.
D. Journal of Proceedings. An account of all proceedings of the council shall be kept by the city recorder and shall be entered in a book constituting the official record of the council.
E. Ordinances – Confined to One Subject – Exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances, shall relate to more than one subject, which shall be clearly stated in its title. If any ordinance is proposed in violation of this provision, it shall be subject to a request made prior to adoption, for separation into two ordinances. If no separation request is made and the ordinance is otherwise lawful, and it is adopted, it shall thereafter remain effective in all its particulars from its effective date.
F. Right of Floor. Any member desiring to speak shall be recognized by the chair, either the mayor or the president or the individual legally filling that position, and shall confine his or her remarks to one subject under consideration or to be considered.
G. City Attorney. The city attorney shall attend all meetings of the council, unless excused by the mayor, or in the mayor’s absence, the president. Any member of the council may, at any time during a regular or special meeting of the council, call upon the city attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules.
H. City Recorder. The city recorder, or such other person as the mayor may designate, shall be ex officio clerk of the council and shall keep minutes of the meeting and perform such other further duties in the meeting as may be ordered by the mayor.
1. City Recorder Receipt and Retention of Documents. Unless otherwise provided in this chapter, the city recorder shall receive and retain all original documents submitted to the city of Culver for consideration by council. Except as provided below, council members may request and receive copies of any such document which is next subject to general council consideration, leaving the original document in the custody of the city recorder. Documents which are not subject to early distribution due to public meeting restrictions, privacy law restrictions or similar public document laws shall not be copied and copies shall not be distributed except as permitted by law.
I. Officers and Employees to Attend. The head of any department or any officer or employee of the city, when requested by the mayor, or the city council, shall attend any regular, adjourned, or special meeting and confer with the council on all matters relating to the city.
J. Rules of Order. “Robert’s Rules of Order Revised” shall govern the deliberations of the city council, except as they may be in conflict with the following specific rules:
1. Motion to Be Stated by Chair – Withdrawal. When a motion is made and seconded, it shall be stated by the chair before debate. Any member may demand that it be put in writing. A motion may not be withdrawn by the mover without the consent of a member seconding it, and the approval of the council;
2. Motion Out of Order. The presiding officer may at any time by a majority vote, permit a member to introduce an ordinance, resolution, or motion out of the regular order;
3. Motion to Adjourn, When Not in Order, nor Debatable. A motion to adjourn shall be in order at any time, except as follows:
a. When repeated without intervening business or discussion,
b. When made as an interruption of a member while speaking,
c. When the previous question has been ordered,
d. While a vote is being taken. A motion to adjourn is debatable only as to the time to which the meeting is adjourned;
4. Amend to Strike Out and Insert. On an amendment to “strike out and insert” the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out and those to be inserted shall be read, and finally the paragraph as it would stand if so amended shall be read;
5. Reconsideration. After the decision on any question any member who voted with the prevailing side may move a reconsideration of any action at the same or the next succeeding meeting; provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent. [Ord. 10-01 § 1, 2010; Ord. 00-03 § 2, 2000.]
2.02.030 Types of meetings.
A. Regular Council Meeting. The council shall meet on the third Monday of each month at 7:00 p.m. When a council meeting falls on a holiday, the regular meeting shall be held on the following Monday at the same hour unless otherwise provided by motion. The city council may cancel or reschedule regular meetings at a different date or time by a motion. The place of the meeting shall be the council chambers in the City Hall, and all regular meetings and special meetings shall be public.
B. Special Meetings. Special meetings may be called by the mayor or any three members of the council. The city recorder shall prepare a notice of the special meeting, stating the time, place, and object and personally serve notice upon each member of the city council at least 24 hours before the time of meeting. The city recorder shall attempt to notify each member of the council in person, whether by telephone or otherwise, of the special meeting. The city recorder shall give notice of the special meeting to each local newspaper of general circulation and to each local radio and television station which has filed with her/him a written request to be notified of special meetings. The city council may not make final disposition of any matter not mentioned in the notice.
Written notice may be waived in writing by any council member and is waived by his/her presence at the meeting.
Special meetings may be called in less than 24 hours, and without the notice required in this section, to deal with emergencies involving injury or damage to persons or property or the likelihood of such injury or damage if the notice requirements would be impractical or increase the likelihood of such injury or damage.
C. Adjourned Sessions. Any session of the council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter.
D. Study Sessions. The council may meet informally in study sessions (open to the public), at the call of the mayor or of any two or more members of the council, to review forthcoming programs of the city, receive progress reports on current programs or projects, or receive other similar information from the city; provided, that all discussions and conclusions thereon shall be informal.
E. Executive Sessions. Executive sessions are closed meetings, and shall be held in strict accordance with the Public Meetings Law. Matters discussed in executive session shall be exempt from public disclosure. Executive sessions shall be closed to all persons except the mayor and council; persons reporting to council on the subject of the executive session; the city attorney, the recorder, unless directed otherwise by the council; city staff persons directed by the council to attend; news media representatives, unless excluded by the Public Meetings Law; and other persons authorized by council to attend. No elected official who declares a conflict of interest on a topic to be discussed in executive session shall remain in the room during such executive session discussion. No person attending an executive session of the council shall disclose or discuss information received in executive session with another person except a person who would have been authorized to attend the executive session but was not present at the time the executive session was conducted. Prior to opening an executive session, the mayor shall announce the purpose of the executive session and the state statute authorizing the executive session. The mayor shall advise all those present, including the news media, that matters discussed in executive session are not to be disclosed or reported upon to the public. An executive session may be held during any open meeting for which proper notice has been given, so long as the open meeting is adjourned until the executive session is concluded and then reopened to the public. A meeting that will be solely an executive session may also be called provided notice, as provided by law, is given. No executive session may be held for the purpose of taking any final action or making any final decision, but a consensus of council opinion may be gathered.
F. Attendance of Media at Council Meetings. All official meetings of the city council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time; provided, that such arrangements do not interfere with the orderly conduct of the meetings. [Ord. 09-03 § 1, 2009; Ord. 07-08 § 1, 2007; Ord. 00-03 § 3, 2000.]
2.02.040 Duties and powers of mayor and councilors.
A. Mayor and Councilors, Duties. The mayor and the city councilors shall have such duties as are specifically assigned to each by ordinance, resolution or official action of the common council of the city of Culver. The common council of the city of Culver shall act either en banc or by committee in filling vacancies in department head positions. Neither the mayor nor councilors shall be involved in selection of employees other than department heads. The mayor and councilors shall hold department heads accountable for employment related issues in the respective departments.
B. Mayor and Councilors, Powers. Neither the mayor nor councilors shall act with regard to any employee other than a department head. The members of the common council of the city of Culver shall only direct department heads when authorized by ordinance, resolution or official action of the common council of the city of Culver. The mayor or councilors shall from time to time be authorized by council to monitor or direct the activities of department heads but in doing so shall not exceed specific authority granted by council. Only the common council en banc shall be authorized to commence legal action or require or authorize action which will result in expenditure of funds or result in likely future expenditure of funds. [Ord. 00-03 § 4, 2000.]
2.02.050 Chair and duties.
A. Chair. The mayor, if present, shall preside as chair at all meetings of the council. In the absence of the mayor, the president of council shall preside. In the absence of both the mayor and the president of council, the council shall elect a chair.
B. Call to Order. The meetings of the council shall be called to order by the mayor or, in his absence, by the president of council. In the absence of both the mayor and the president of council, the meeting shall be called to order by the city recorder for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present.
C. Preservation of Order. The chair shall preserve order and decorum, prevent attacks on personalities or the impugning of members’ motives, and confine members in debate to the question under discussion.
D. Points of Order. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, “Shall the decision of the chair be sustained?”
E. Questions to Be Stated. The chair shall state all questions submitted for a vote and announce the result with the words “motion passed” or “motion failed.” A roll call vote shall be taken upon the request of any member, in the manner provided in CMC 2.02.070(G).
F. Substitution for Chair. The chair may temporarily relinquish the chair at any meeting in order to take part in debate or in order to temporarily leave the meeting.
G. Presiding Officer – Powers. The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as the presiding officer. [Ord. 00-03 § 5, 2000.]
2.02.060 Order of business and agenda.
A. Order of Business. The business of all regular meetings of the council shall be transacted in the following order, unless the council, by a majority vote of the members present, suspends the rules and changes the order:
1. Call to order;
2. Pledge of Allegiance;
3. Roll call;
4. Approval of agenda;
5. Special presentations by guests;
6. Consent agenda;
7. Public works department;
8. Police department;
9. Administration;
10. Attorney’s report;
11. Ordinances and resolutions;
12. Public hearings/meetings;
13. New business;
14. Unfinished business;
15. Citizen input;
16. Council report;
17. Mayor’s report;
18. Adjournment.
The consent agenda may contain items which are of a routine and noncontroversial nature which may include, but are not limited to, the following: communications, memos and reports for information of the council, resolutions, agreements, petitions, minutes of commissions and boards, applications, and approval of accounts, which may be accepted by consent of the council by a single vote without reading and such request shall be granted. Minutes of the preceding meeting, and bills tendered for payments, shall not be read in detail at each meeting prior to approval, unless a member of the council should request such reading. In such instances the request shall be granted. Any item on the consent agenda may be removed and considered separately as an agenda item at the request of any council member.
B. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council shall be delivered to council members, at least 24 hours prior to the council meeting, except in the case of emergency or when all council members waive this time. The city recorder shall furnish each member of the council, the city attorney, and all news media with a copy of the agenda at least eight business hours prior to the council meeting, and under normal circumstances on the week prior to the meeting. The city recorder shall also publish a summary of the agenda by posting the same at one or more conspicuous places in the city prior to each council meeting.
C. Presentation of Members by Council. The agenda shall provide a time when the mayor or any council member may bring before the council any business he/she feels should be deliberated upon by the council. These matters need not be specifically listed on the agenda, but formal action on such matters may be deferred until subsequent council meeting, except that immediate action may be taken upon a vote of a majority of all members of the council. [Ord. 07-08 § 2, 2007; Ord. 00-03 § 6, 2000.]
2.02.070 Ordinances, resolutions and motions.
A. Form. Ordinances shall be presented to the council only in printed or typewritten form. Resolutions shall be presented to the council only in printed or typewritten form except upon unanimous ballot that the resolution may be prepared after the meeting where the resolution is passed.
B. Funding. All ordinances authorizing an expenditure of money shall include the exact source of the funds to be expended.
C. Ordinances – Introduction. All proposed ordinances shall be prepared by the city attorney and bear his certification that they are in correct form.
D. Distribution of Ordinances. The city recorder shall distribute copies of proposed ordinances within a reasonable time of the ordinance’s availability to the public.
E. Ordinances – Enactment Procedure. Ordinances shall be adopted according to procedure mandated by the authorizing statute or Charter provision.
F. Recording of Votes. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the council.
G. Majority Vote Required. An affirmative vote of at least a majority of the members of the council present shall be necessary to pass an ordinance, a motion or a resolution, or any other proposition. When any vote is called, each council member shall respond “yes (aye),” “no,” or “abstain.” Any council member who responds “abstain” shall state their reason for abstention, being limited to a possible conflict of interest, and the abstention shall be accepted or rejected by the council.
H. Tie Vote. In the event of a tie in votes, the motion shall be considered lost.
I. Numbering Ordinances and Resolutions. A number shall be assigned to each ordinance or resolution by the city recorder.
J. Ordinance Passage Procedure. When passed by the council, an ordinance shall be signed by the mayor and be attested by the city recorder; and it shall be immediately filed and thereafter preserved in the office of the city recorder.
K. Ordinances – When Effective. Ordinances shall be effective at the time provided by Charter or state statute.
L. Requests for Ordinances or Legal Opinions. Any member of the city council may request the mayor to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled city council meeting, provided the ordinance can be drafted and distributed to members of the council in accordance with time schedules set forth herein. Any member of the city council may request written legal opinions, relating to city business, from the mayor. Upon receiving a request for a proposed ordinance or a written legal opinion, relating to city business, the mayor, at the mayor’s discretion, shall direct the city recorder to engage the city attorney to prepare the ordinance or legal opinion. Upon completion of the legal project, the city attorney shall provide the same to the city recorder who shall distribute the information to the affected parties. Any member of the council may, for purposes of inquiry, request verbal opinion or advice on city legal matters directly from the city attorney. No legal action against any other party shall be commenced by the city attorney without the concurrence of a majority of the city council. Department heads, the municipal judge and the planning commission may obtain authority to request legal opinions and assistance from the city attorney by making a request through the city council. In the event of an emergency, department heads, the municipal judge and the planning commission may request legal opinions and assistance from the city attorney prior to specific authorization so long as council is contemporaneously advised of the initiation of legal services. [Ord. 00-03 § 7, 2000.]
2.02.080 Creation of committees, boards and commissions.
A. Citizen Committees, Boards and Commissions. The council shall maintain standing commissions and may create other committees, boards, and commissions to assist in the conduct of the operation of the city government with such duties as the council may specify not inconsistent with the ordinances of the city, the Charter or state statute.
B. Standing Commissions. Standing commissions shall consist of the following:
1. Administration;
2. Parks;
3. Police;
4. Streets;
5. Sewer.
C. Commissioners for Standing Commissions – Appointment, Duties and Council Duties. The commissioners for the standing commissions shall be appointed as provided in the Charter. The commissioners for each of the standing commissions shall act alone unless the commissioner requests additional commission members. The commissioner of the standing commission shall be the sole liaison between the council and the supervising employee who is hired to supervise activities which are directly related to the purpose of the commission. The administration commissioner shall be the sole council member to communicate, in an official capacity, with the city recorder. The parks commissioner, the streets commissioner and the sewer commissioner shall be the sole council members to communicate, in an official capacity, with the public works supervisor. This communication shall be solely regarding their commission’s concern. The police commissioner shall be the sole council member to communicate, in an official capacity, with the police chief or police officer. Council members who have a concern about any department will bring that concern to the appropriate commissioner for resolution. Council members who are not commissioners for a particular purpose over a supervisory employee may only communicate in official capacity with that supervisory employee(s) after obtaining the consent of the relevant commissioner. No council person shall communicate with a nonsupervisory employee without the consent of the supervisor and the relevant commissioner. Any council member concern not addressed by the foregoing procedure shall be addressed, as a stated agenda item, during a council meeting. Any matter concerning the performance of an employee shall only be placed on the agenda if appropriate and timely notice is given or will be given to the employee before the consideration before council. In scheduling such agenda item, the council shall assure that there is compliance with employee due process and the Oregon “open meetings law.”
D. Membership and Selections in Ad Hoc Committees. Membership and selection of members of ad hoc committees shall be as provided by the council if not specified by the city of Culver ordinances, Charter or state law. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a three-quarters majority vote of the council. No committee so appointed shall have powers other than advisory to the council or to the mayor except as otherwise specified by the ordinances, Charter or state law.
E. Removal of Members of Boards and Commissions. Any member of a committee or commission may be removed at any time, without cause, by the person(s) holding the position which appointed the member. [Ord. 07-08 § 3, 2007; Ord. 00-03 § 8, 2000.]
2.02.090 Citizens’ rights.
A. Addressing the Council. Any person desiring to address the council by oral communication shall first secure the permission of the presiding officer; provided, however, that preference will be given to those persons who have notified the city recorder by noon of the Friday immediately preceding the council meeting of their desire to speak, and they will be recognized by the presiding officer without further action.
B. Manner of Addressing the Council – Time Limit. Each person addressing the council shall step up to the microphone, will give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the council, shall limit their address to three minutes. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked the council members, except through the presiding officer. The council would then determine the disposition of the issue (placed on present agenda, workshop, other agendas, or do not consider).
C. Personal and Slanderous Remarks. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the council may be requested to leave the meeting or if refusing to do so when requested, may be forthwith ordered removed, by the presiding officer. The offending individual may be further barred by the presiding officer from further audience before the council during the council meeting.
D. Reading of Protests. Interested persons, or their authorized representatives, may address the council for the reading of protest, petitions, or communications relating to any matter over which the council has control, when the item is under consideration by the council, if a majority of the council present agrees to let them be heard.
E. Mayor May Appoint Committee or Refer Citizen’s Complaints. The mayor may appoint a committee of three members of the city council to hear citizens’ complaints or may refer citizens’ complaints to an executive session of the city council, whenever the subject would be appropriate.
F. Written Communications. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the city’s business or over which the council had control at any time by direct mail or by addressing the city recorder and copies will be distributed to the council members. [Ord. 00-03 § 9, 2000.]
2.02.100 Filling council vacancies.
A. Notice of Vacancy. If a council vacancy occurs, the council will follow the procedures outlined in the Charter and state law. In order to fill the vacancy with the most qualified person available until an election is held, the council will widely distribute and publish a notice of the vacancy and the procedure and deadline for applying for the position.
B. Application Procedure. The council will draw up an application form which contains relevant information to answer set questions posed by the council. The application forms will be used in conjunction with an interview of each candidate to aid the council’s selection of the new council member.
C. Interview Procedure. All candidates who submit an application by the deadline will be interviewed by the council during a regular or special council meeting open to the public. The order of the interviews will be determined by drawing names. The council members will ask the same questions of each candidate. Each candidate will then be allowed two minutes for closing comments. Since this is not a campaign, comments and responses about other applicants will not be allowed.
D. Selection of Council Member. Voting and selection of a person to fill the vacancy will be conducted during an open public meeting. [Ord. 00-03 § 10, 2000.]
2.02.110 Review of final quasi-judicial decisions.
A. Scope. These rules apply to the city council’s review of all final quasi-judicial decisions of city officials and agencies unless another review procedure is specifically provided by law.
B. Methods of Review.
1. Unless otherwise provided by specific ordinance or state law, review of an administrative decision or recommendation is only by permission of the council. The council will accept or reject the petition without hearing or rebuttal unless a majority of the council directs otherwise.
2. Unless otherwise specifically provided, review shall be on the record of the agency from which the appeal is taken. No new evidence will be accepted unless the evidence was of such kind and character that it could not reasonably have been presented to the agency below. Unless permitted by law and a majority of council agrees to receive the new evidence in a review or appeal procedure, new evidence will normally only be grounds for remanding to the agency for further consideration.
3. The costs of preparing a transcript for council review rests with the party requesting review or appealing. Costs shall be collected prior to preparation of the record and in no case later than five days after the filing of the appeal or acceptance of review. The clerk shall dismiss any appeal for which costs are not posted or an affidavit of indigency filed.
4. All appeals shall make appropriate references to the record. Appeals which are only an invitation to search for error will normally be affirmed.
C. Council Review.
1. Generally. Except as otherwise provided by law:
a. The burden of demonstrating the invalidity of the agency’s action or decision is on the person asserting that invalidity.
b. The validity of the agency action shall be determined in accord with the standards for review provided in this section as applied to the agency action at the time it was taken.
c. The council shall make a separate and distinct ruling on each material issue on which it bases its decision.
d. The council shall grant relief only if it determines that the person seeking relief from the agency’s decision has been substantially prejudiced by the action.
2. Grounds for Relief. The council shall grant relief from any agency determination or action only if it determines that:
a. The action or decision violates on its face or as applied some constitutional or statutory provision.
b. The action is outside the lawful authority or jurisdiction of the agency.
c. The agency has engaged in an unlawful procedure or decision-making process or has failed to follow procedures prescribed by law.
d. The agency has erroneously interpreted or applied the law.
e. The order is not supported by evidence that is substantial when viewed in light of the record as a whole.
f. The agency has not decided all issues required for resolution or a proper decision.
g. A member of the agency actually making the decision failed to properly recuse himself.
h. The decision is arbitrary or capricious.
D. Form of Appeal or Petition and Oral Presentation.
1. All appeals or petitions for review must be submitted in writing and particularize the error committed by the agency. All such comments shall be submitted to the city recorder not later than 30 days after filing of the appeal or the acceptance of review, or 20 days after the preparation of the record by the agency, whichever is longer.
2. Any party to the proceedings below may answer the appeal or the review once it is accepted. Such answer shall be served on the city recorder and the initiating party no later than 20 days after the appeal or review is accepted. The initiating party shall have five days to serve a reply on the city recorder and the answering party. No hearing shall be held on the matter sooner than 30 days after the matter is accepted for review.
3. Any person responding in writing may address the council, but for no longer than five minutes. The agency making the decision or its representative may answer and address the council.
4. The respondent agency shall provide the clerk with a list of all parties to the proceedings below. The clerk will notify all parties of the pending of the appeal or petition, supply copies of these rules and provide copies of all papers filed to all other parties. [Ord. 00-03 § 11, 2000.]
2.02.120 Suspension and amendment of these rules.
A. Suspension of These Rules. Any provision of these rules not governed by ordinance, Charter or state law may be temporarily suspended by a vote of a majority of the council. The vote on any such suspension shall be taken by ayes and nays and entered upon the record.
B. Amendment of These Rules. These rules may be amended by ordinance. [Ord. 00-03 § 12, 2000.]