Chapter 2.01
CITY COUNCIL
Sections:
2.01.010 Granting and vesting of powers.
2.01.030 Council-manager form of government.
2.01.040 Role of council members.
2.01.080 Interaction with city staff/officials.
2.01.090 Roles and information flow.
2.01.010 Granting and vesting of powers.
The city council operates under a charter which was voted on and approved by the citizens of Myrtle Creek, which requires the council to follow the laws and ordinances of the city, and the laws of the state of Oregon and the United States Government. Unless the Charter provides to the contrary, all powers of the city are vested in the city council, the representative legislative body of the city. Any revision or amendment to the Myrtle Creek City Charter requires a vote of the electors. [Ord. 766 § 1, 2008].
2.01.020 Code adoption.
The Myrtle Creek Municipal Code is a compilation of regulatory and penal ordinances, and certain administrative ordinances of the city, as adopted by the council and approved by the mayor. The code may only be amended by an ordinance adopting such amendment. [Ord. 766 § 2, 2008].
2.01.030 Council-manager form of government.
(1) Council. The city of Myrtle Creek is a council-manager form of government. Basically, with this structure, the city council’s role is to establish city policies and priorities. The council appoints a city administrator to implement those policies and undertake the administration of the organization.
(2) Manager. The administrator is appointed by the city council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the principal budget, and to implement the policies and programs initiated by the city council. [Ord. 766 § 3, 2008].
2.01.040 Role of council members.
Council members are collectively responsible for establishing policy, adopting a budget and providing vision and goals to the city administrator. The following outline is a brief description of the various duties of council members. The description is not intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of the council.
(1) Establish Policy.
(a) Adopt goals and objectives.
(b) Establish priorities for public services.
(c) Approve/amend the city budget.
(d) Adopt resolutions.
(2) Enact Local Laws.
(a) Adopt ordinances.
(3) Supervise Appointed Officials.
(a) Appoint city administrator.
(b) Evaluate performance of city administrator.
(c) Establish advisory commissions and committees.
(d) Make appointments and/or removals to advisory bodies.
(e) Provide direction to advisory bodies.
(4) Provide Public Leadership.
(a) Relate wishes of constituents to promote representative governance.
(b) Mediate conflicting interests while building a consensus.
(c) Call special elections as necessary.
(d) Communicate the city’s vision and goals to constituents.
(e) Represent the city’s interests at regional, county, state and federal levels.
(5) Decision-Making.
(a) Study problems.
(b) Review alternatives.
(c) Determine the best course of public policy. [Ord. 766 § 4, 2008].
2.01.050 Role of mayor.
The mayor serves as the presiding officer and acts as chair at all meetings of the city council. The mayor shall have the responsibility to act as the city council’s ceremonial representative at public events and functions. As prescribed in the City Charter the mayor shall:
(1) Preside over deliberations of the council;
(2) Preserve order;
(3) Enforce council rules;
(4) Determine the order of business under the rules; and
(5) Have no vote on all questions before the council except in the event of a tie. [Ord. 766 § 5, 2008].
2.01.060 Meeting schedules.
(1) Regular Council Meetings. The council shall meet at 5:30 p.m. on the first and third Tuesdays of each month in the City Hall Council Chambers or at any place that the council may direct. In the event a regularly scheduled meeting falls on an official holiday, the meeting shall be held at the same hour on the next following day which is not a holiday.
(2) Special Meetings. The mayor, or in the mayor’s absence, the presiding officer may call a special meeting of the council. Three councilors may also call a special meeting by filing a request with the city recorder. Notice shall be given to each councilor at least 24 hours in advance of the meeting. Notice may be given in writing, in person, by telephone or by electronic communication. No business other than that for which a special meeting is called can be transacted at a special meeting.
(3) Executive Sessions. An executive session (a meeting closed to the public) may be held in accordance with the Oregon Public Meetings Law. The presiding officer may call any regular, special or emergency meeting into executive session by citing the specific provision of ORS 192.660 which authorizes the session. Executive sessions may also be separately scheduled pursuant to the requirements for special meetings.
(a) Attendance at Executive Sessions. The presiding officer shall determine which persons other than council shall attend an executive session. No matter discussed during executive session may be disclosed by any person present during such session.
(b) Media Attendance. Representatives of recognized news media may attend executive sessions, other than those pursuant to ORS 192.660(2)(d) (deliberations with persons designated to carry on labor negotiations). The presiding officer shall instruct any media representatives present not to disclose the substance of any discussion during executive session.
(c) Final Decision Prohibited. No final decision shall be made in executive session. To make a final decision, the presiding officer shall either call the meeting into open session or place the decision on the agenda of a future open session.
(4) Workshop Meetings. Workshop meetings may be scheduled as necessary by the mayor or at the request of a majority of the members of council. Workshop meetings are informal sessions to review upcoming issues, receive special reports, conduct goal setting sessions and for special training purposes. All discussions and conclusions held during a workshop are of an informal nature. No vote or final action is taken while in a workshop meeting. No audience participation is allowed during the course of a workshop, unless permitted by the consent of a majority of the council present.
(5) Emergency Meetings. An emergency meeting of the council may be called on less than 24 hours’ notice; provided, that an actual emergency exists. The minutes of such meeting must describe the emergency justifying less than 24 hours’ notice, and the council must be able to point to some reason why the meeting could not be delayed. The Public Meetings Law requires that such notice as is appropriate to the circumstances be given in the event of such emergency meeting. The council or its designee must attempt to contact the media and other interested persons to inform them of the meeting. Only the matter creating a need for an emergency meeting may be discussed during the meeting called for such reason. [Ord. 791, 2013; Ord. 766 § 6, 2008].
2.01.070 Meeting procedures.
(1) Robert’s Rules Adopted. Unless otherwise provided by law or modified by these rules, the procedure for council meetings shall be governed by Robert’s Rules of Order. The council has an obligation to the citizens to be clear and simple in its procedures and in the consideration of the questions coming before it.
(2) The Presiding Officer. The mayor shall chair all meetings of the council, but shall not vote, except in the case of a tie vote of the council.
(a) Council President. At the first meeting of each calendar year, the council shall elect a president from its tenure membership. In the event of the mayor’s absence from any council meeting, the council president shall act as the presiding officer. Whenever the mayor is unable, on account of absence, illness or other cause, to perform the functions of the office, the council president shall act as mayor pro tem.
(b) Temporary Presiding Officer. In event of the absence of the mayor and council president, the city recorder shall call the council to order and call the roll of the members. If a quorum is present, those councilors present shall elect, by majority vote, a temporary presiding officer for that meeting. Should the mayor or council president arrive, the temporary presiding officer shall relinquish the chair immediately upon the conclusion of the item of business then in consideration before the council.
(c) Privileges Not Affected by Status. The presiding officer may debate and vote on any issue and shall not be deprived of any of the rights and privileges of a council member by reason of acting as the presiding officer.
(3) Quorum Requirements. The presiding officer shall call the meeting to order at the time designated for a scheduled meeting. Except to adjourn, a quorum is necessary to conduct business at any meeting of the city council. Quorum is defined by charter as a majority of council.
(4) Order of Business and Agenda Items. The order of business for all regular meetings of the council shall be as follows:
(a) Call to Order. Mayor calls the meeting to order.
(b) Roll Call. Attendance of members is noted.
(c) Pledge of Allegiance.
(d) Announcements, awards and proclamations.
(e) Audience Participation. For items of discussion not on the agenda. Discussion items or presentations should be limited to five minutes. Persons wishing to speak during audience participation are encouraged to sign the speaker’s roster with the person’s name and address and the topic upon which the person wishes to speak, not later than the end of the opening exercises. The presiding officer shall ask those interested in speaking to sign the speaker’s roster. Those persons who signed the speaker’s roster will have first opportunity to speak.
(f) Consent Agenda. In order to expedite the council’s business, the approval of minutes, and other routine agenda items shall be placed on the consent calendar. All items on the consent calendar will be approved by a single motion, unless the item is pulled for further consideration. Any item on the consent calendar may be removed for separate consideration by any member of the council. For the purposes of this rule, separate consideration means any proposal to adopt a different course of action than that recommended in the staff report, or a determination that debate on a proposed course of action is deemed desirable, any questions to staff on any item, and any item where a councilor must declare a conflict of interest.
(g) Council Consideration. These are items placed on the agenda which normally require action of some kind by the council.
(h) Resolutions and ordinances.
(i) Department reports.
(j) Good of the order.
(k) Executive session (if necessary).
(l) Adjournment.
The mayor or presiding officer has authority to adjust the agenda items and order of business.
The mayor and the city administrator shall prepare an agenda of the business to be presented for all meetings of the council. The agenda packet shall be available for the city council and the public not later than the Friday before the Tuesday council meeting. A councilor may request that an item be placed on a future agenda by bringing the item forward during a council meeting. The decision to place the matter on the next agenda shall be made by a majority vote from council. The city administrator may place routine items and items referred by staff on the agenda without council action.
(5) Public Hearings. The presiding officer shall announce prior to each public hearing the nature of the matter to be heard as it is set forth on the agenda. The presiding officer may, with the approval of council, limit the time and number of speakers at each public hearing. In such event, the presiding officer shall announce such restriction prior to beginning of the hearing. Public hearing order of business is as follows:
(a) Open the public hearing.
(b) Announce nature and purpose of hearing.
(c) Staff/presenter report.
(d) Public testimony.
(e) Council questions.
(f) Close hearing.
(g) Council deliberation.
(6) Motions and Voting Procedures. All motions shall require a second by another councilor prior to being put to a vote. The mayor shall state the name of the councilor who made the motion and the name of the councilor who made the second. Any motion failing to receive a second shall be considered failed. When the council concurs or agrees to an item that does not require a formal motion, the mayor shall summarize the agreement at the conclusion of the discussion.
(7) Duty to Vote. The mayor shall call for the vote on each motion receiving a second. Upon a call for the vote, each councilor shall respond by a show of hands or roll call. After a vote has been taken the presiding officer shall announce the results of the vote, and, unless the vote is unanimous, the vote of the members by name. Every member present when a question is called shall vote, unless the council, by unanimous consent, excuses a member for a special reason or unless a member has a conflict of interest under applicable law, in which case no consent is required. There shall be no debate on such a request. Unless excused pursuant to this rule, if any member refuses or fails to vote, and the result of such refusal creates a tie, that member’s vote shall be counted as an aye; in all other situations, that member’s vote shall be counted with the majority. If a member is excused from voting as provided by this rule, that member may be counted toward making up a quorum, but shall not be counted toward the minimum number of votes required to pass or reject a motion. Any councilor responding “abstain” must state the reason for such abstention from the vote. An abstention shall not count as either an affirmative or a negative vote and shall not be counted toward the number of votes required to pass or reject a motion. Except to the degree allowed a member of the public, no councilor shall discuss or vote upon any matter in which the councilor has declared a conflict of interest.
(8) Reconsideration of Actions Taken. Any councilor who voted with the majority may move for a reconsideration of an action at the same or the next following regular meeting and may be seconded by any member. Once a matter has been reconsidered at the same meeting, no motion for further reconsideration shall be made without unanimous consent of the council.
(9) Tie Vote. In accordance with the City Charter, the mayor shall have no vote on all questions before the council except in the event of a tie. In case of a tie in votes on any proposal, in the absence of the mayor, the proposal shall be considered lost. In the absence of the mayor, if a tie vote occurs in the appeal of any quasi-judicial matter, the decision by the lower level decision maker shall be affirmed.
(10) Rules of Order.
(a) Councilor Presentations. Every councilor desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine their remarks to the question under debate.
(b) Questioning of Staff. Councilors desiring to question the administrative staff may direct the inquiry to the city administrator or the person designated by the city administrator to answer the inquiry during the council meeting.
(c) Administrative Staff, City Employees Addressing Council. City administrative staff and other city employees desiring to address the council shall first be recognized by the presiding officer and shall address such remarks to the presiding officer. The staff shall respond to questions or comments by council or members of the public with permission of the presiding officer, and shall do so in a polite, tactful manner.
(d) Citizen Question or Discussion.
(i) No person shall enter into any discussion without being recognized by the presiding officer. Any citizen desiring to address the council should come to the designated location to address the council and be recognized by the presiding officer. After being recognized by the presiding officer, the person shall state their name and address for the record and their remarks shall be limited to the question under discussion.
(ii) Any citizen addressing the council shall be limited to five minutes unless further time is granted by the presiding officer. No citizen shall be allowed to speak more than once upon any one subject until every other citizen choosing to speak has had an opportunity.
(iii) After a motion has been made, no citizen shall address the council without first securing permission from the presiding officer.
(11) General Decorum.
(a) Presiding Officer. The presiding officer shall preserve decorum and decide all points of order, subject to appeal to the council.
(b) Councilors. Councilors shall preserve order and decorum during council meetings, and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to obey the orders of the presiding officer or these rules. Councilors shall, when addressing staff or members of the public, confine themselves to questions or issues then under discussion, shall not engage in personal attacks, shall not impugn the motives of any speaker, and shall at all times conduct themselves in a manner appropriate to the dignity of their office.
(c) Staff and Public. Members of the administrative staff, employees of the city and other persons attending council meetings shall observe the same rules of procedure, decorum and good conduct applicable to the members of the council.
(d) Improper Conduct. The following items are not condoned by the city council and may be cause for the presiding officer to have the person(s) removed from the Council Chambers:
(i) Using or making of loud or disruptive language, noise or conduct which obstructs the work or the conducting of the business of the council.
(ii) Engaging in violent or distracting action.
(iii) Willful injury of furnishing or of the interior of the Council Chambers or other meeting place.
(iv) Refusal to obey any rules of conduct, including the limitations on occupancy and seating capacity.
(v) Refusal to obey an order of the presiding officer or an order issued by a councilor which has been approved by a majority of the councilors present.
(e) Sergeant-at-Arms.
(i) Removal of Any Person. Any person who demonstrates improper conduct while addressing the council or attending a council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer. 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 sergeant-at-arms shall be authorized to remove the person or persons, as if the presiding officer so directed.
(ii) Enforcement of Decorum. The city administrator, or such member or members of the police department as the city administrator shall designate, shall serve as the sergeant-at-arms of the council meetings and shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum. [Ord. 766 § 7, 2008].
2.01.080 Interaction with city staff/officials.
City council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized.
(1) City Administrator. The city administrator is responsible to the city council, rather than to individual council members, and directs and coordinates the various departments. The city administrator is responsible for appointing all department directors and authorizing all other personnel positions. The city council authorizes positions through the budget process; based upon that authorization, the city administrator makes the appointments.
(2) City Council Noninterference. The city council is to work through the city administrator when dealing with administrative services of the city. In no manner, either directly or indirectly, shall a council member become involved in, or attempt to influence, personnel matters that are under the direction of the city administrator. Except for the purpose of inquiry, the council and its members will deal with the administrative service solely through the city administrator or designee, and neither the council nor any committee or member of a committee shall give orders to any subordinate of the city administrator. [Ord. 766 § 8, 2008].
2.01.090 Roles and information flow.
(1) Council Roles. The full city council retains the authority to accept, reject, or amend the staff recommendations on policy matters. Members of the city council must avoid intrusion into those areas that are the responsibility of staff. Individual council members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the city council as a whole. This is necessary to protect staff from undue influence and pressure from individual council members, and to allow staff to execute priorities given by management and the council as a whole without fear of reprisal. If a council member wishes to influence the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member must prevail upon the council to do so as a matter of council policy.
(2) Access to Information. The city administrator is the information liaison between council and city staff. Requests for information from council members are to be directed to the city administrator and will be responded to promptly. The information requested will be copied to all members of council so that each member may be equally informed. The sharing of information with city council is one of the city administrator’s highest priorities. City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual council members; provided, that in the judgment of the city administrator, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full city council. [Ord. 766 § 9, 2008].
2.01.100 Legal advice.
Requests to the city attorney for advice requiring legal research shall not be made by a councilor except with the concurrence of the council. [Ord. 766 § 10, 2008].