Chapter 2.10
COUNCIL RULES OF PROCEDURE

Sections:

2.10.010    Regular meetings.

2.10.020    Rules of procedure.

2.10.030    Conduct at council, commission, and committee of the whole meetings.

2.10.040    Call to order – Presiding officer.

2.10.050    Order of business.

2.10.051    Public hearing protocol.

2.10.060    Reading of minutes, statement of bills and treasurer’s report.

2.10.070    Rules of debate.

2.10.080    Silence constitutes affirmative vote.

2.10.090    Recording of proceedings.

2.10.100    Ordinances, resolutions, motions and contracts.

2.10.110    Travel expenses.

2.10.120    Council conduct with one another.

2.10.130    Council conduct with city staff.

2.10.140    Council conduct with the public.

2.10.150    Council conduct with other public agencies.

2.10.160    Council conduct with boards, committees and commissions.

2.10.170    Council conduct with media.

2.10.180    Sanctions.

2.10.010 Regular meetings.

(1) Time. Regular meetings of the council shall be held at 7:00 p.m. on the second Tuesday of each month. When a regular meeting of the council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on a day to be agreed upon by the council. A change of any regular meeting date may be made by motion duly passed at a regular meeting.

(2) Place. All regular meetings of the council shall be held in the council room of the City Hall in the city of Hubbard unless another facility is needed to accommodate an anticipated increase in attendance.

(3) Quorum. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance.

(4) Adjournment. The council may adjourn upon motion made at any regular meeting as provided in subsection (1) of this section to the next succeeding regular meeting or to some specified time prior thereto, which adjourned meeting will be deemed to be a continuation meeting.

(5) Special Meetings. Special meetings of the council may be called by the mayor upon his own motion, or at the request of three members of the council upon compliance with the requirements of the Oregon Open Meetings Statute.

(6) Parliamentary Rules. Unless otherwise provided by charter, ordinance or these rules, the conduct of all meetings by the council, commission, or any committee shall be governed by those parliamentary rules set forth in Robert’s Rules of Order, 75th Edition. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1; Reso. 160-92 §§ 1, 2, 1992; Reso. 1980-14 § 1, 1980)

2.10.020 Rules of procedure.

(1) The council has an obligation to be clear and simple in its procedures and the consideration of the questions coming before it. It should avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues and arouse the suspicion of the audience at public meetings and the members of the public in general.

(2) In all matters to be heard by the council the mayor or council president may introduce the subject, after which the presiding officer may first invite those persons and parties who are proponents of any matter to be considered by the council to speak thereon. Then, the opponents of such proposal shall next be afforded an opportunity to speak thereon. Then members of the staff of the city may speak thereon or answer questions from members of the council or the public. Then the members of the council shall discuss the matters and act thereon. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 2, 1980)

2.10.030 Conduct at council, commission, and committee of the whole meetings.

(1) Responsibility for Order. The presiding officer of the council shall be responsible for ensuring that order and decorum are maintained during all meetings of the council, and shall be responsible for assigning to the sergeant-at-arms his or her duties and station, if a sergeant-at-arms is determined to be needed. Commissions and committees shall elect a chairperson from its members at the first meeting each year. In the event of vacancy or removal of the chairperson, the commission or committee shall fill the same by election at the next regular meeting.

(2) Sergeant-at-Arms. A member or members of the Hubbard police department, designated by the chief of police, may act as sergeant-at-arms and may be present as directed by the mayor or council at each council, commission, and committee of the whole meeting. The sergeant-at-arms shall have the responsibility to maintain order, to enforce the rules of conduct, and to enforce orders given by the presiding officer.

(3) Order and Decorum.

(a) The sergeant-at-arms, at the request of the presiding officer, is authorized to apply their training and expertise and make a decision to remove any disruptive person who is preventing the city council from conducting public business from the council chambers, or meeting hall, for the duration of the meeting. Behavior that may be considered disruptive includes but is not limited to:

(i) The use of unreasonably loud or disruptive language;

(ii) The making of loud or disruptive noise;

(iii) Engaging in violent or distracting action;

(iv) The willful injury of furnishings or of the interior of the council chambers or meeting hall;

(v) The refusal to obey any of the rules of conduct provided within this section, including the limitations on occupancy and seating capacity; and

(vi) The refusal to obey an order of the presiding officer or an order issued by any council, commission, or committee member which has been approved by a majority of the council, commission, or committee members present.

(b) Unreasonably loud or disruptive language, noise, or conduct is that which obstructs the work or the conducting of the business of the council, commission, or committee. Before the sergeant-at-arms is directed to remove any person from the meeting hall for conduct described in subsection (3)(a) of this section, that person shall be given a warning by the presiding officer to cease their conduct.

(c) If a meeting is disrupted by members of the audience, the presiding officer or a majority of the council, commission, or committee members present may request that the sergeant-at-arms assess the situation and determine whether to clear the council chambers or meeting hall so that the meeting may continue without the disruption of council business.

(4) Limitations on Debate. Time for testimony by members of the audience at public hearings or any meeting at which the public is invited or allowed to address the council, a commission, or a committee may be limited for each speaker and for each subject by the presiding officer or by majority vote of the council, commission, or committee. All questions and discussion by members of the audience shall be directed to the presiding officer. Direct discussion between members of the audience and council, commission, or commission members or city employees shall be permitted only at the discretion of the presiding officer. Every person desiring to speak shall first address the presiding officer and, upon recognition, shall give his or her name and address and shall confine his or her comments to the issue under consideration.

(5) Picture-Taking and Filming. The taking of photographs in the council chambers or other meeting hall shall be allowed except when done in violation of subsection (3) of this section.

(6) Seating Capacity and Safety Requirements. The safe occupancy and seating capacity of the council chambers or meeting hall as determined by the fire marshal shall be posted within the council chambers or meeting hall. The limitations on occupancy and seating capacity so determined and posted shall be complied with at all times. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 3, 1980)

2.10.040 Call to order – Presiding officer.

The mayor, or in his absence, the president of the council, shall take the chair precisely at the hour appointed for the meeting, and when a quorum of council is present shall immediately call the council to order. In the absence of the mayor or president of the council, the city administrator or designee, or their assistant, shall call the council to order, whereupon a temporary chairman shall be elected by the members of the council present. Upon the arrival of the mayor or president of the council, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 4, 1980)

2.10.050 Order of business.

(1) Agenda. The order of business of each meeting shall be as contained in the agenda prepared by the city administrator or designee. The agenda shall be a listing by topic of subjects to be considered by the council, and shall be delivered to members of the council at least 24 hours preceding the meeting to which it pertains, except in the case of an emergency. Failure to make a timely delivery shall not invalidate any action by the council;

(2) Order of Business. The order of business on the agenda may be adjusted at the discretion of the presiding officer;

(3) Agenda Availability. Copies of the agenda shall be made available to the press, public, and a minimum of one copy shall be posted on the bulletin board at City Hall;

(4) Non-Agenda Items. During a designated period of the agenda, members of the public, council members, and staff may bring forth issues or questions that are not on the meeting’s agenda. Comments may be limited at the presiding officer’s discretion. Speakers during public comment are limited to three minutes;

(5) Consent Agenda. Relatively minor items, that presumably require no discussion but which must be approved by the council, may be combined under a “consent agenda,” and approved by one motion and vote. Council members or members of the audience may request additions or deletions to the consent agenda without debate. Any item may be removed at the beginning of the meeting for separate consideration upon request. The action taken on consent agenda items shall be shown in the minutes in the order shown on the agenda;

(6) Presentation by Members of the Council. The agenda shall provide a time when the mayor or any council member may bring before the council any business that they feel should be deliberated upon by the council. These matters need not be specifically listed on the agenda. These matters shall not be acted on until a subsequent meeting, unless there is a compelling reason which is decided only upon unanimous vote. The council may decline formal action or defer to a subsequent meeting. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1; Reso. 1980-14 § 5, 1980)

2.10.051 Public hearing protocol.

The applicant or appellant shall have the right to speak first. The chair will determine the length of time allowed for this presentation. Speakers representing either pro or con points of view will be allowed to follow. The chair will determine how much time will be allowed for each speaker, with three to five minutes the standard time granted. The applicant or appellant will be allowed to make closing comments. The chair has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the meeting run smoothly.

(1) Council members will not express their opinions during the public hearing portion of the meeting except to ask pertinent questions of the speaker or staff. “I think” and “I feel” comments by the council members are not appropriate until after the close of the public hearing. Council members should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view.

(2) Main motions may be followed by amendments, followed by substitute motions. Any council member can call for a point of order. Only council members who voted on the prevailing side may make motions to reconsider. Council members who desire to make the first motion on issues which they feel strongly about should discuss their intention with the chair in advance of the council meeting. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.060 Reading of minutes, statement of bills and treasurer’s report.

Unless a reading of the minutes, statement of bills, and treasurer’s report of a council meeting is requested by a member of the council, such minutes, statements, or treasurer’s report may be approved without reading if the city recorder or designee has previously furnished each member of the council with a copy thereof. Such copies of the minutes, statement or treasurer’s report shall also be available to any member of the public upon request. The city recorder or designee shall furnish to each council member the minutes of the previous meeting and a reminder of unresolved items which have recently been discussed by the council. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 6, 1980)

2.10.070 Rules of debate.

(1) Advocacy by Presiding Officer. The presiding officer should refrain from partisan advocacy of an issue from the chair. If they want to let the council know their views on a particular issue, they should turn the chair over to the council president, then the city administrator or designee, for the duration of the discussion and action on the issue.

(2) Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine themself to the questions under debate, avoiding all personalities and indecorous language.

(3) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call them to order, or as herein otherwise provided. If a member, while speaking, be called to order they shall cease speaking until the question of order be determined and, if in order, they shall be permitted to proceed.

(4) Privilege of Closing Debate. The council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(5) Motion to Reconsider. A motion to reconsider any action taken by the council may be made. Such motion must be made by one from the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions, or while a member has the floor, it shall be debatable. Nothing herein shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council.

(6) Synopsis of Debate – When Entered in Minutes. The city recorder may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.

(7) Method of Address. Every effort should be made to maintain the dignity of the council. The presiding officer should refer to themselves as “the chair,” and the other members of the council should refer to themselves as “Mr./Madam Mayor” or “Mr./Madam President” as the case may be, when addressing the chair. Members of the council should refer to each other by title, for example, “Councilor ______.” Members should confine their remarks to the question before the council and not engage in personalities. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 7, 1980)

2.10.080 Silence constitutes affirmative vote.

Unless a member of the council states that they are not voting, their silence shall be recorded as an affirmative vote. (Ord. 380-2023 § 1 (Exh. A); Reso. 1980-14 § 8, 1980)

2.10.090 Recording of proceedings.

A voice recording machine shall be available at all council meetings. Written minutes of all meetings shall be required as per Oregon Revised Statutes. Minutes will be available to the public within a reasonable amount of time after approval of the city council. Minutes of all meetings will be a permanent record. Audio and/or visual recordings of meetings will be retained per the Oregon State Archive city records retention schedule. Such retention and storage shall be in a safe place and such recordings shall not be permitted to be taken outside the confines of City Hall. Copies of all such recordings shall be available to any member of the public, and any such copies shall be made at the expense of the person requesting them. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1; Reso. 1980-14 § 9, 1980)

2.10.100 Ordinances, resolutions, motions and contracts.

(1) Preparation of Ordinances, Resolutions, Motions and Contracts. All ordinances, resolutions, motions and contracts may be prepared by the city administrator or designee for presentation to the city council. The city administrator or designee, upon advice and consent of the mayor, may submit such ordinances, resolutions, motions and contracts to the city attorney for approval as to form and legality. The city council shall be advised by the city administrator or designee, upon presentation of such ordinances, resolutions, motions and contracts, whether or not said documents have been reviewed and approved by the city attorney.

(2) City Attorney to Receive Copies of All Ordinances and Resolutions. The city administrator or designee shall cause copies of all ordinances and resolutions duly passed by the city council to be furnished to the city attorney, if such ordinances and resolutions were neither prepared by the city attorney nor reviewed by the city attorney prior to submission to the council. The city attorney may thereupon review such ordinances and resolutions and provide to the city council any information relevant thereto.

(3) Reading of Ordinances. Every ordinance shall be read fully and distinctly in open council meetings on two different days before being put upon its final passage, except as hereinafter provided:

(a) An ordinance may be enacted at a single meeting of the council by the unanimous vote of all council members present, upon being read first in full and then by title;

(b) Any of the readings of an ordinance may be by title only if no council member present requests to have the ordinance read in full and if a copy of the ordinance is provided for each council member and three copies are provided for public inspection in the office of the city administrator or designee not later than one week before the first reading of the ordinance, and if notice of their availability is given the public by posting notice thereof or by advertisement.

(4) Recording of Vote. Upon final passage of an ordinance, the ayes and nayes of the members shall be recorded. (Ord. 380-2023 § 1 (Exh. A); Reso. 160-92 §§ 1, 3, 1992; Reso. 1980-14 § 10, 1980)

2.10.110 Travel expenses.

Any member of the city council shall receive city council approval before any reimbursement will be paid for training, lodging, meals, or mileage. The city council may use a city-owned vehicle when one is available. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.120 Council conduct with one another.

(1) Use of Titles. The council should refer to one another as described in HMC 2.10.070(7).

(2) Civility and Decorum. Practice civility and decorum in discussion and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. However, this does not allow council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated.

(3) Chair Maintaining Order. Honor the role of the chair in maintaining order. It is the responsibility of the chair to keep the comments of council members on track during public meetings. Council members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda of the chair’s action, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

(4) Personal Comments. Avoid personal comments that could offend other council members. If a council member is personally offended by the remarks of another council member, the offended council member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other council member to justify or apologize for the language used. The chair will maintain control of this discussion.

(5) Problem-Solving. Demonstrate effective problem-solving approaches. Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

(6) Respectful Behavior. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that is deemed appropriate for public discussion should be maintained in private conversations.

(7) Written Notes, Voicemail Messages, and Email. Be aware of the insecurity of written notes, voicemail messages, and email. Technology allows words written or said without much forethought to be distributed wide and far. Written notes, voicemail messages and email should be treated as potentially “public” communication.

(8) Private Conversation. Even private conversations can have a public presence. Elected officials are always on display – their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings are noted. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.130 Council conduct with city staff.

(1) Treatment. Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.

(2) Contact. Limit contact to specific city staff. Questions of city staff and/or requests for additional background information should be directed only to the city administrator or designee and/or city attorney. When in doubt about what staff contact is appropriate, council members should ask the city administrator or designee for direction. Materials supplied to a council member in response to a request will be made available to all members of the council so that all have equal access to information.

(3) Disruptions. Do not disrupt city staff from their jobs. Council members should not disrupt city staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met.

(4) Criticism. Never publicly criticize an individual employee. Council should never express concerns about the performance of a city employee in public, or to the employee directly. Comments about staff performance should only be made to the city administrator or designee through private correspondence or conversation. Comments about staff in the office of the city attorney should be made directly to the city attorney.

(5) Administrative Functions. Do not get involved in administrative functions. Council members must not attempt to influence city staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of city licenses and permits.

(6) Correspondence. Check with city staff on correspondence before taking action. Before sending correspondence, council members should check with city staff to see if an official city response has already been sent or is in progress.

(7) Attending Meetings. Do not attend meetings with city staff unless requested by staff. Even if the council member does not say anything, the council member’s presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively.

(8) Staff Support. Limit requests for staff support. Routine administrative support will be provided to all council members. All mail for council members is opened by the city administrator or designee’s office, unless other arrangements are requested by a council member. Mail addressed to the mayor is reviewed first by the city administrator or designee who notes suggested action and/or follow-up items.

(9) Political Support. Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from city staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace and consistent with state law. (Ord. 380-2023 § 1 (Exh. A); Ord. 360-2019 § 1; Ord. 353-2017 § 1; Ord. 247-2001 § 1)

2.10.140 Council conduct with the public.

(1) Speakers. Be welcoming to speakers and treat them with care and gentleness. Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

(2) Public hearing speakers are limited to three minutes. Generally, the speakers will be called upon in the order in which they have signed in on the speaker’s roster. Speakers shall identify themselves by their names and by their place of residence. Speakers may state their mailing address (or the ward in which they reside). The presiding officer may allow additional persons to speak if they have not signed the speaker’s roster and sufficient time is left in the 30-minute period.

(a) No speaker will be turned away unless they exhibit disruptive behavior. Each speaker may only speak once during the public hearing unless the council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the chair reopens the public hearing for a limited and specific purpose.

(3) Listening. Give the appearance of active listening. It is disconcerting to speakers to have council members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as “smirking,” disbelief, anger, or boredom.

(4) Clarification. Ask for clarification, but avoid debate and argument with the public. Only the chair – not individual council members – can interrupt a speaker during a presentation. However, a council member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the council member finds disturbing.

(a) If speakers become flustered or defensive by council questions, it is the responsibility of the chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by council members to members of the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Council members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.

(5) Personal Attacks. No personal attacks 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.

(6) Parliamentary Procedure. Follow parliamentary procedure in conducting public meetings. The city attorney serves as advisory parliamentarian for the city and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the chair, subject to the appeal of the full council.

(7) Promises. Make no promise on behalf of the council. Council members will frequently be asked to explain a council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of city policy and to refer to city staff for further information. It is inappropriate to overly or implicitly promise council action, or to promise city staff will do something specific (fix a pothole, plant new flowers in the median, etc.).

(8) Personal Comments. Make no personal comments about other council members. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other council members, their opinions and actions.

(9) Hubbard and Growth. Even though Hubbard is growing, Hubbard will always be a small town at heart. Council members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the city of Hubbard. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by council members, 24 hours a day, seven days a week. It is a serious and continuous responsibility. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.150 Council conduct with other public agencies.

(1) Personal Interests. Be clear about representing the city or personal interests. If a council member appears before another governmental agency or organization to give a statement on an issue, the council member must clearly state:

(a) If their statement reflects personal opinion or is the official stance of the city;

(b) Whether this is the majority or minority opinion of the council.

(i) If the council member is representing the city, the council member must support and advocate the official city position on an issue, not a personal viewpoint.

(ii) If the council member is representing another organization whose position is different from the city, the council member should withdraw from voting on the issue if it significantly impacts or is detrimental to the city’s interest. Council members should be clear about which organizations they represent and inform the mayor and council of their involvement.

(2) Correspondence. Correspondence also should be equally clear about representation. City letterhead may be used when the council member is representing the city and the city’s official position. A copy of the official correspondence should be given to the city administrator or designee to be filed in the city office of the city administrator or designee as part of the permanent public record.

(a) It is best that city letterhead not be used for correspondence of council members representing a personal point of view, or a dissenting point of view from an official council position. However, should council members use city letterhead to express a personal opinion, the official city position must be stated clearly so the reader understands the difference between the official city position and the minor viewpoint of the council member. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.160 Council conduct with boards, committees and commissions.

(1) Attending Board, Committee, and Commission Meetings. Council members may attend any board, committee or commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation, especially if it is on behalf of an individual, business or developer, could be viewed as unfairly affecting the process. Any public comments by a council member at a board, committee, or commission meeting should be clearly made as individual opinion and not a representation of the feeling of the entire city council.

(2) Contact with Board, Committee, and Commission Members. It is inappropriate for a council member to contact a board, committee, or commission member to lobby on behalf of an individual, business, or developer. It is acceptable for council members to contact board, committee, or commission members in order to clarify a position taken by the board, committee, or commission.

(3) Boards, Committee, and Commissions Serving the Community. The city council appoints individuals to serve on boards, committees, and commissions, and it is the responsibility of boards, committees, and commissions to follow state ethics laws and policy established by the council.

(a) All members of the council, boards, committees and commissions are public officials subject to state ethics laws and shall observe their requirements.

(b) Board, committee, and commission members do not report to individual council members, nor should council members feel they have the power or right to threaten board, committee, and commission members with removal if they disagree about an issue. Appointment and reappointment to a board, committee, or commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A board, committee, or commission appointment should not be used as a political “reward.”

(c) Individuals may not be appointed to more than two boards, committees, or commissions at one time. If an individual is serving on more than one board, committee, or commission for the city, they may not serve as the chair of both.

(d) No more than one individual from a household may be appointed to serve on a specific board, committee, or commission at one time.

(e) Members of the board, committee, or commission serve at the pleasure of the city council and, except as may be limited or prohibited by law or these rules, may be removed at any time for any reason by a majority vote of the city council. Members of a board, committee, or commission who are absent without excuse from more than three consecutive regular meetings in a calendar year are considered to have resigned from the board, committee, or commission.

(4) Diverse Opinions. A primary role of boards, committees, and commissions is to represent many points of view in the community and to provide the council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on boards, committees, and commissions, but must be fair and respectful of all members of the public serving on boards, committee, and commissions.

(5) Political Support. Consistent with state law, board, committee, and commission members may offer political support to a council member, but not while acting in their official capacity. Council members may support board, committee, and commission members who are running for office, but must state that the support is personal and does not represent the city’s position.

(6) Inappropriate Behavior. Inappropriate behavior by a board, committee, or commission member should be noted to the mayor, and the mayor should counsel the offending member. If inappropriate behavior continues, the mayor should bring the situation to the attention of the council and the individual shall be subject to removal from the board, committee, or commission. Inappropriate behavior is defined as conduct that is unwarranted and is reasonably interpreted to be demeaning or offensive. Such conduct may include, but is not limited to:

(a) Spreading rumors about other board, committee, or commission members or city council members;

(b) Unprofessional conduct while communicating;

(c) Sexual misconduct, bullying, and/or promoting or celebrating an undiversified environment.

Persistent, repeated inappropriate behavior can become a form of harassment. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.170 Council conduct with media.

(1) Going “Off the Record.” The best advice for dealing with the media is never go “off the record.” Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word, but one bad experience can be catastrophic. Words that are not said cannot be quoted.

(2) Official Spokesperson. The mayor is the designated representative of the council to present and speak on the official city position. If an individual council member is contacted by the media, the council member should be clear about whether their comments represent the official city position or a personal viewpoint.

(3) Choosing Words. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be especially cautious about humor, sarcasm, or wordplay. It is never appropriate to use personal slurs or swear words when talking with the media. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)

2.10.180 Sanctions.

(1) Inappropriate Staff Behavior. Council members should refer to the city administrator or designee regarding city staff, or to the city attorney regarding city attorney’s staff who do not follow proper conduct in their dealing with council members, other city staff, or the public. These employees may be disciplined in accordance with standard city procedures for such actions. (Please refer to HMC 2.10.130, Council conduct with city staff, for more details on interaction with staff.)

(2) Council Members’ Behavior and Conduct. City council members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the council, lose seniority or committee assignments (both within the city of Hubbard or with intergovernment agencies) or have official travel restricted. Serious infractions of the code of ethics or code of conduct could lead to other sanctions as deemed appropriate by council.

(a) Council members should point out to the offending council member infractions of the code of ethics or code of conduct. If the offense(s) continues, the matter should be referred to the mayor in private. If the mayor is the individual whose actions are being challenged, the matter should be referred to the council president.

(b) It is the responsibility of the mayor to initiate action if a council member’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.

(c) If violation of the code of ethics or code of conduct is outside of the observed behaviors by the mayor or council members, the alleged violation should be referred to the mayor. The mayor should ask the city administrator or designee and/or the city attorney to investigate the allegation and report the findings to the mayor. It is the mayor’s responsibility to take the next appropriate action. These actions can include, but are not limited to, discussion and counseling the individual on the violation(s); recommending sanction to the full council to consider in a public meeting; forming a council ad hoc subcommittee to review the allegation, the investigation and its finds, as well as to recommend sanction options for council consider. Videotaping of the complaint hearing should be used for a council ad hoc subcommittee. (Ord. 380-2023 § 1 (Exh. A); Ord. 247-2001 § 1)