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HomeMy WebLinkAboutItem 01 AIS Council Operating Policies and ProceduresAGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: 10/18/2021 Work Session/Reg. Mtg Nancy Newton/CMO Mary Bridget Smith/CAO 541-744-4061 Estimated Time: 90 Minutes SPRINGFIELD Council Goals: Mandate CITY COUNCIL ITEM TITLE: COUNCIL OPERATING POLICIES AND PROCEDURES ACTION Discuss the Council Operating Policies and Procedures and provide staff direction REQUESTED: about whether certain sections should be amended or given time for additional discussion. ISSUE The Springfield Charter states that the Council shall approve and maintain STATEMENT: operating policies and procedures annually and the purpose of this item is to give the Council the opportunity to review them and discuss any potential changes. ATTACHMENTS: Attachment 1: Council Briefing Memorandum Attachment 2: PowerPoint Presentation Attachment 3: 2020 Council Operating Policies and Procedures DISCUSSION/ Background: The Council Operating Policies and Procedures govern how the FINANCIAL Council conducts its business. The Charter provides that the Council is to approve IMPACT: and maintain the Council Operating Policies and Procedures on an annual basis. Amendments to the Council Operating Policies and Procedures require approval by a two-thirds vote of the members of Council present. Topics for Discussion: The topics discussed in the Council Briefing Memorandum reflect questions or discussions that have arisen over the past year or that consistently create confusion or questions. Those topics include issues connected with a remote meeting format, engaging with the media and staff, and the selection process and liaison role for the Council's Boards, Commissions, and Committees. These topics are meant to serve as a starting point and the Council may also have other areas for discussion. It may also be that the discussion prompts other direction like additional training, communication to the public about how the Council does certain aspects of its business, and opportunities for the Council to meet for goal setting or strategic planning efforts. The PowerPoint serves as a guide for the discussion and the most current version of the Council Operating Policies and Procedures are attached for reference. MEMORANDUM City of Springfield Date: 10/18/2021 To: Nancy Newton, City Manager COUNCIL From: Mary Bridget Smith, City Attorney BRIEFING Subject: Revision to Council Operating Policies and MEMORANDUM Procedures ISSUE: The Springfield Charter states that the Council shall approve and maintain operating policies and procedures annually and the purpose of this item is to give the Council the opportunity to review them and discuss any potential changes. COUNCIL GOALS/ MANDATE: Council Goals: Mandate BACKGROUND: The purpose of this item is to review the Council Operating Policies and Procedures (Operating Procedures) with an emphasis on the change in City Council meetings as a result of the pandemic, Council business items like engaging with the media and staff, speaking on the City's behalf, and the selection process and liaison role for the Council's various Boards, Commissions, and Committees (BCCs). These topics were chosen because they have arisen in discussions over the past year or are consistently areas that create confusion or questions. The Council may also have additional topics or areas it would like to address as well. Council Operating Policies and Procedures Back rg ound The Operating Procedures govern the details and processes for how the Council conducts its business. They are meant to be a working document that can be referenced throughout the year. The Charter requires the Council approve and maintain the Operating Procedures annually (Springfield Charter, Section 12). The Operating Procedures can be temporarily suspended or amended with a two-thirds majority vote of the Council (Council Operating Policies and Procedures, Section X). The Operating Procedures were updated last year. Springfield is like many other cities in Oregon where the Charter states the Council must have operating policies but does not provide additional guidance. This approach gives cities the flexibility to develop operating polices that are specific to their own community. Council Meetings The majority of the Operating Procedures involve regulating City Council meetings. There are several benefits to this practice such as consistency, a framework for courteous and respectful debate, and stability during transition years when new members are elected to the Council. Remote Meeting Format/Public Participation Prior to 2020, the Council conducted their meetings in-person in the Council Chambers with staff and the public addressing the Council from a podium. The pandemic created a situation where the Council had to shift quickly to a remote meeting format which has continued to date. During the past year and a half while the Council has been conducting remote meetings, the City made technology updates to Council Chambers in preparation for a hybrid meeting structure. In addition, the Legislature passed HB 2560. The intent of HB 2560 is to expand the remote participation of the public in self-government through use of technology. HB 2560 provides that Attachment 1, Page 1 of 4 MEMORANDUM 10/14/2021 Page 2 all meetings held by a governing body, excluding executive sessions, must reasonably provide an opportunity for members of the general public to access and attend the meeting by telephone, video, or other electronic or virtual means. Also, when in-person oral testimony is allowed, the governing body must allow oral testimony by telephone, video, or other electronic or virtual means. Written testimony must be allowed by email or other electronic means as well. Taking testimony via a virtual platform has created an opportunity for the Council and staff to interact with the public in a new way and to hear from a broader range of community voices because community members can log in from home instead of travelling to the Council Chambers. Currently, the Operating Procedures contemplate only in-person testimony. For example, there are provisions about displaying posters, disruptive behavior, filming, and filling out `request to speak cards' that do not apply to remote testimony. Most likely, the Council will need to amend its Operating Procedures for remote testimony, but it may be premature to amend them before becoming familiar with the new technology provided in Council Chambers. Another idea related to remote testimony is providing guidelines to the public like the legislature does on its website. This guidance would not be part of the Operating Procedures, but can provide helpful information for the public that will lead to a consistent and effective process. Agenda Setting/Written Materials The agenda and associated written materials serve as the framework for the Council meeting. Items are placed on the regular meeting agenda by the following process. First, work session items that require official action are placed on the agenda. Also, the City Manager can place items on the agenda and items that are required by law to be placed before the Council can be added as well. There are two ways for the Mayor or a Councilor to add items to the agenda. Council Leadership (Mayor and Council President) can agree that a particular item be added. If they cannot agree, Council consensus is required. In situations where a Councilor wants to add an item to the agenda, that Councilor must obtain Council Leadership approval and in cases where Council Leadership does not approve, the item can be added to the agenda by a majority of Council. Work session items are added by the Mayor, a Councilor, or the City Manager. There is less process with adding work session items, most likely because they do not include official action by the Council. The logistics of agenda setting occur at a weekly Agenda Review meeting held with Council Leadership, the City Manager, Assistant City Manager, City Recorder and City Attorney. Items or topics that are not on the agenda can also be discussed at a Council meeting. For example, a Councilor may bring up a topic for discussion during `Business from the Council.' The extent of the discussion and any action will depend on the topic, but the Mayor, Councilors, and City Manager can bring up topics that have not been noticed for the meeting. Finally, requests for proclamations are given to the City Recorder for approval by the Mayor. The written materials supporting a particular agenda item are included in an Agenda Item Summary along with any associated attachments. Council Business Two areas related to Council business that consistently create questions are the Mayor and Council engaging with the media and staff interactions. The following discussion sets out the current Operating Procedures regarding these two items. Media / Speaking for the Council Section VIII(4) governs the rules around the Mayor or Councilors speaking to the media or at events. That rule provides that the Mayor and Council shall, if possible, notify the City Attachment 1, Page 2 of 4 MEMORANDUM 10/14/2021 Page 3 Manager's Office and the Mayor if they are asked to do an interview or initiate a press conference relating to city business or policy before the interview or press conference occurs. When speaking to the media, the Mayor or Councilor shall be clear that they are representing the City in their official capacity. When Councilors plan to attend a community event they shall notify the Council President and if they speak at the event clarify that their comments are their own and do not represent that of the full Council. Letters of support depend on whether the request is for the Mayor (or individual Councilor) or the Council as a whole. Letters of support for the Mayor can be signed without approval from the Council. Letters that ask for a position of the whole Council require more process. If there is time, the letter is brought first to Council Leadership. Regardless, the letter or a draft response is brought to the Council meeting for approval. It may also be changed or rejected. Staff Interactions The Council appoints three employees - the City Manager, City Attorney and Municipal Judge - and has the discretion to contact them as needed. As for interactions with other staff members, the Operating Procedures state that Councilors shall refrain from using staff time and incurring unnecessary cost to the City. Council Boards, Commissions, Committees (BCCs) The Council has several BCCs and they serve important functions for the City and the following paragraphs set out the current Operating Procedures relating to candidate interviews and selection and liaisons. Selection Process Over the past two years the Council has implemented a batch recruitment system where most committee members are selected and appointed at the same time of the year. The Council is scheduled to conduct interviews in November. The Operating Procedures provide that the Council appoints committee members after conducting interviews by the whole Council during a work session unless they are being reappointed for a second term and the Mayor decides an interview is not necessary. In that case, the candidate is forwarded directly to the Council for appointment. Liaisons Councilors serve as liaisons to the Council BCCs as assigned by the Mayor. The role of the Councilor is to establish a regular communication channel. BCCs will appoint a committee member to serve as a liaison to the Council and most BCCs also have a staff member assigned to work with their committee. The committee liaison is responsible for coordinating with the Councilor liaison, keeping abreast of Council actions, providing input at a Council meeting, if requested, and transmitting findings and reports as necessary. In addition, the committee liaison for the Arts Commission, Historic Commission, Library Board and Springfield Police Advisory Committee is responsible for scheduling a joint meeting of their respective committee and the Council every two years. The Operating Procedures provide a helpful framework for Council business and can be updated and revised to meet current practices. The Council may also direct staff to consider other actions to help the Council conduct its business such as additional training, targeted communication to the public about certain items like remote meetings and opportunities for the Council to meet and discuss goal setting, ground rules and over approach to particular issues. Attachment 1, Page 3 of 4 MEMORANDUM 10/14/2021 Page 4 RECOMMENDED ACTION: Discuss the Council Operating Policies and Procedures and provide direction about potential changes or items for additional discussion. Attachment 1, Page 4 of 4 w�`■► ■A��■�■ � Council Operating Policies and Procedures 2021 REVIEW City Manager and City Attorney's Office Attachment 2, Page 1 of 11 Discussion Intent and Purpose Regular Review Of Council Operating Policies As Per Charter r .o Opportunity To Ask Questions, Discuss And Provide Feedback Attachment 2, Page 2 of 11 Provide Guidance To Staff About Potential Changes Or Future Topics For Further Discussion re, i'. sm M, The working document that governs how the Council does its business Connective Tissue between the Charter, Municipal Code and State Statutes Council Meetings REMOTE FORMAT NEW STATUTE ABOUT VIRTUAL PUBLIC PARTICIPATION Attachment 2, Page 4 of 11 Council Meetings AGENDA SETTING Attachment 2, Page 5 of 11 Council Business ENGAGING WITH THE MEDIA/ STAFF Attachment 2, Page 6 of 11 Council Business FILLING COUNCIL VACANCIES Attachment 2, Page 7 of 11 Boards and Commissions Liaisons Attachment 2, Page 8 of 11 Boards and Commissions Selection Process Attachment 2, Page 9 of 11 Gaps / Additional Topics PUBLIC RECORDS ETHICS/CONFIDENTIALITY Attachment 2, Page 10 of 11 GROUND RULES -GOAL SETTING WORK? www■► ■Adftim�M MEL Attachment 2, Page 11 of 11 Thank You SPRINGFIELD CITY COUNCIL OPERATING POLICIES AND PROCEDURES SECTION I - AUTHORITY (1) These operating procedures and policies are established and adopted under the authority granted in the Springfield Charter, Chapter IV, Section 12. SECTION II - OFFICERS OF THE COMMON COUNCIL (1) At the first regular meeting of the Council in January of each odd -numbered year, the Council shall elect one of its members as President of the Common Council. The duties of President shall be those specified in the City Charter and any others expressly directed herein. (2) The City Manager, City Recorder, and the City Attorney are hereby entitled to seats with the Common Council. SECTION III - REGULAR MEETINGS OF THE COMMON COUNCIL (1) Location 1.1) The regular meetings of the Common Council shall be held in the Springfield City Hall, Council Chamber, 225 Fifth Street. Changes of location must be in accordance with City Code Section 2.050. (2) Time 2.1) The regular meetings shall begin at 7:00 p.m. on the first and third Mondays of each month, except when that day falls on a legal holiday in which event the Council shall meet on the next following regular business day at the same time and location. If advised by the City Manager or when approved by the Mayor or three members of the Council, special meetings may be scheduled. Regular meetings may be canceled sometime during the months of March, June, July and August in order to provide a time for spring break or summer recess, and during the months of December and January to provide a time for a winter recess. (3) Mayor and Councilor Attendance 3.1) As a representative of the electorate, Councilors are expected to attend all Council work sessions and regular meetings. When it is necessary for a Councilor to be absent from any meeting of the Council, Councilors are expected to notify the City Recorder of their planned absence. The City Charter provides that the position of Mayor or a Council member becomes vacant upon an incumbent's unexcused absence from four consecutive regular Council meetings (Springfield Charter Section 19(10)). Regular meetings are defined in the Springfield Municipal Code Section 2.055 as meetings held on the Ist and 3rd Mondays of each month. However, if the Councilor is doing his or her job in representing the electorate, attendance at both work sessions and regular meetings is necessary. 3.2) Excused absences from Council meetings include: 3.2.1. Death in the family 3.2.2. Illness Page 1 of 17 Attachment 3, Page 1 of 17 3.2.3. Family emergency 3.2.4. Scheduled vacation, however Councilors are encouraged when possible to schedule vacations during scheduled Council recesses. 3.2.5. On city business. 3.2.6. Employment Conflict 3.2.6. Other absences as excused by the Mayor or three members of the Council when the Mayor is not available. 3.3) A Councilor who is unavailable in person may participate in work sessions and regular meetings remotely if approved by the Mayor and Council President. If approved, the Councilor would be considered in attendance and would not be absent. Councilors are encouraged to give the City Recorder 24 hours' notice when they plan to remotely participate in work sessions and regular meetings. (4) Public Meetings 4.1) All meetings of the Council or the Boards, Committees, and Commissions of the City shall be open to the public and in conformance with Chapter 192, Oregon Revised Statutes, Public Meetings. 4.2) The meeting location shall be ADA wheelchair -accessible. For the hearing- impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. 4.3) For meetings in the Council Meeting Room, a "Personal PA Receiver" for the hearing impaired is available, as well as an Induction Loop for the benefit of hearing aid users. (5) Council Agenda 5.1) Matters to be considered by the Council at its regular meetings shall be placed on an agenda to be prepared by the City Manager from the following materials: 5.1.1. All items considered by the Council from work sessions which require official action of the Council. 5.1.2. All items directed by the Mayor or a member of the Council to be listed on the agenda. Items recommended for discussion by the Mayor require approval of the Council President. Items recommended by the Council President require approval of the Mayor. If agreement is not reached, Council consensus is required in order to add the item to the agenda. Items recommended for discussion by a Council member require approval of the Mayor and Council President. If agreement is not reached, a majority of the Council is required in order to add the item to the agenda. 5.1.3. All items deemed appropriate by the City Manager. 5.1.4. All items which are required by law to be presented to the Council. 5.2) The Council may also consider any other item, proposed by the Mayor, a member of the Council or the City Manager, not included upon the written agenda. Page 2 of 17 Attachment 3, Page 2 of 17 5.2. 1. Request for Proclamation: Organizations or citizens requesting proclamations that proclaim a specified date or dates to recognize the efforts of various community groups and individuals on certain projects, shall be filed with the City Recorder. Upon receipt, the City Recorder will notify the Mayor of the request. If the Mayor approves the request, the City Recorder will prepare the proclamation for the Mayor's signature. 5.2.2. Reading of Proclamations: It will be at the discretion of the Mayor if a proclamation will be read at a City Council meeting or presented to the organization or group. It is preferred that a representative of the requesting organization be present to receive the proclamation. 5.3) Items appearing on the Council agenda shall be assigned a time limit and the Mayor shall hold discussion to within the time limit, unless the consensus of the Council is to extend the time limit until an issue or item is discussed and resolved. (6) Correspondence, Petitions, Etc. 6.1) Correspondence, petitions or other written material which concern items which are or may be on the agenda may be submitted to the City Manager's Office at any time, but will only appear on the agenda if received by 12 noon of the Wednesday preceding the Council meeting for which it is intended. The City Manager may withhold any such item from the agenda so that he/she may have an appropriate study made of the issue, question or request being made. Any material submitted without the author's name and address may be put on the Council agenda, but will not normally be accepted by the Council. Under normal situations, if the Council desires, substantive matters arising under "Correspondence and Petitions" or "Business from the Audience" will be referred to the City Manager for study. (7) Order of Business 7.1) The order of business of the Council meetings, unless the Mayor with the consent of a majority of the Council shall otherwise direct, shall be as follows: I - Call to Order II - Roll Call III - Pledge of Allegiance IV - Springfield Upbeat a. Mayor's Recognition b. Other V - Consent Calendar a. Claims b. Minutes c. Resolutions d. Ordinances (Second readings) e. Other Routine Matters VI - Items Removed From the Consent Calendar VII - Public Hearings a. Consideration of ordinances or resolutions related to public hearings. Page 3 of 17 Attachment 3, Page 3 of 17 VIII - Business From the Audience (Limited to 20 minutes total.) IX - Council Response X - Correspondence and Petitions XI - Ordinances (First readings and emergencies) XII - Bids XIII - Business From the Council a. Committee Appointments b. Committee Reports c. Other Business XIV - Business From the City Manager XV - Business From the City Attorney XVI - Other Business XVII - Adjournment (8) Recesses and Adjournment 8.1) The Mayor may recess regular meetings of the City Council for approximately 10 minutes as needed. The meeting will normally adjourn by 10:00 p.m. except upon vote of a majority of the Council members present to extend the meeting to a time certain or until an issue or item is discussed and resolved. (9) Agenda and Supportive Material to the Public 9.1) The City Manager shall provide copies of all public records to any person requesting that material, in compliance with Chapter 192, Oregon Revised Statutes, Public Records. A nominal fee for the material may be charged based upon the cost of copying plus a reasonable administrative charge based on actual cost. 9.2) Paper or electronic copies of the supportive agenda material will be available to the media, and upon request, to members of the public at the time distributed to the Council, except for those items exempt from disclosure under the Oregon Public Records Law (ORS 192.501). Exempt items, except as hereinafter stated, will nonetheless, normally be included unless the City Manager affirmatively determines that the public interest would suffer by disclosure, that the interest in frank internal communications in the particular case outweighs the public interest in disclosure; or that, upon consultation with the City Attorney, the public records law affirmatively requires non -disclosure. In accordance with the law, matters concerning land acquisition, labor negotiations, and litigation will not be disclosed in advance of the meeting at which they are considered. 9.3) In the event a request is made for the electronic records of any Council member, the Councilor shall forward the request to the City Manager's Office. The City Manager's Office shall forward any requests of Council Member's electronic records to the Council. The City Manager's Office shall provide the requested electronic records subject to review by the City Attorney's office for any applicable exemptions under Oregon Public Records Law. The Mayor and remaining Councilors shall also be notified of the request. Page 4 of 17 Attachment 3, Page 4 of 17 (10) Presiding Officer 10.1) The Mayor shall have the power to call meetings of the Council and shall preside over the deliberations of the Council which the Mayor attends and vote only in case of a tie. 10.2) The President of the Council shall preside over the meetings of the Council and perform the duties of Mayor when the Mayor is absent from a Council meeting or the Mayor is unable to function as Mayor. The President of the Council shall not lose a vote while presiding, but shall not gain an additional vote by reason of presiding. 10.3) In the absence of the Mayor and the President, if a quorum of the Council is present, the senior member of the Council shall preside over the meeting as President Pro -Tem. If there is no one senior member of the Council, Council shall choose, by vote, a President Pro - Tem to preside at that meeting. 10.4) The Council President or the Council President Pro -Tem, while serving as presiding officer, may move, second, and debate from the chair, subject only to the limitations of debate as are imposed on all members and shall not be deprived of any of the rights and privileges of a Councilor by reason of acting as presiding officer. (11) Appeal Hearings 11.1) Appeals may be filed before the City Council on the action of any appointed body of the Council or staff as provided in the appropriate Code section governing such actions. In the absence of any procedures, an appeal must be filed within 10 days of the action. 11.2) All appeal hearings before the City Council shall be scheduled as soon as possible after the Council is notified of the appeal, allowing sufficient time for providing the required public notices. (12) Enactment of Ordinances 12.1) The procedure and requirements for the enactment of ordinances shall be as provided in the Charter and in Section 2.105 of the Springfield Code. The City Manager or their designee will read ordinances by title only unless otherwise requested by Council. 12.2) As provided in Section 2.105, the reading of an ordinance is considered to have taken place by it being placed on the Council agenda. Ordinances without the emergency clause will appear on the Council agenda at two consecutive regular meetings. Ordinances containing an emergency clause are considered to have received two readings by being placed on the Council agenda at a single meeting. The Council may, by motion, remove the emergency clause in any ordinance. In all cases, each councilor's vote shall be recorded for every ordinance. SECTION IV - CONDUCT AT COUNCIL MEETINGS (1) The conduct of all meetings of the Council or of any committee appointed by it shall be governed by Roberts' Rules of Order, Revised, unless otherwise provided. (2) The Council will be clear and simple in its procedures and the consideration of matters coming before it. It should avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues and to cause audience or citizen misunderstanding of or misapprehension about actions taken at the meeting. Page 5 of 17 Attachment 3, Page 5 of 17 (3) The City Attorney is designated as parliamentarian for the Council. Questions of parliamentary rules may be referred, through the presiding officer, to the City Attorney for interpretation. However, the final ruling rests with the presiding officer. (4) Except as provided for in paragraph 5 below, the President of the Council should ordinarily present all main motions on business to come before the Council. The second may come from any member. All members may, however, present motions when appropriate. (5) Motions on bids and claims shall ordinarily appear on the consent calendar. However, the Chair of the Finance and Judiciary Committee of the Council may review bids and claims prior to the adoption of these matters. (6) It is the policy of the Common Council of the City of Springfield to ensure an informed public, aware of the deliberations and decisions of this body and its sub -bodies, and of the information upon which decisions were made. It is further the policy of the City of Springfield that those decisions be arrived at openly. With the exception of items approved on the consent calendar, the Mayor and Council members shall be willing to explain the rationale for each vote during the Council meeting. SECTION V - COUNCIL WORK SESSIONS (1) The City Council may have work sessions at which they shall have discussion on topics of importance to them. The work sessions shall normally be held on the second and fourth Monday of each month beginning at 5:30 p.m. and may also occur on the first and third Monday at 6:00 p.m. 1.1) The Council shall meet at the same location as the regular Council meeting, unless otherwise provided by notice. 1.2) The agenda for the work session shall be prepared by the City Manager from items: a. All items directed by the Mayor or any member of the Council to be listed on the agenda. b. All items deemed appropriate by the City Manager. 1.3) Work sessions of the City Council will normally adjourn by 10:00 p.m. except upon consent of a majority of the Council members present to extend the meeting to a time certain or until an issue or item is discussed or resolved. 1.4) No regular work sessions shall be scheduled on the fifth Monday of any month or on the fourth Monday during December. If advised by the City Manager and Council Leadership, special work sessions may be scheduled. Work sessions may also be canceled sometime during the months of March, June, July and August in order to provide a time for spring break or summer recess, and during the months of December and January to provide a time for a winter recess. 1.5) Decisions made and actions taken at the work session are informal and must be ratified at a subsequent regular meeting. SECTION VI - COUNCIL EXECUTIVE SESSIONS (1) All Executive Sessions of the Common Council shall be called and conducted in accordance with Chapter 192, Oregon Revised Statutes. Page 6 of 17 Attachment 3, Page 6 of 17 (2) No Executive Session may be held for the purpose of taking any final action or making any final decision. Final actions and final decisions must be done in open, public meetings of the Council. (3) Executive session attendance shall be determined by the Mayor (as the presiding officer) or the Council. The City Manager may select staff members to be present who have a demonstrable need for attendance. Members of the news media are exempted from the provisions of this section subject to the City of Springfield's Executive Session News Media Attendance Policy. SECTION VII - CONDUCT AT COUNCIL MEETINGS AND WORK SESSIONS (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. 1.1) The Chief of Police or a designated representative shall be the Sergeant -at -Arms. 1.2) Sergeant -at -Arms shall be present at all regular and adjourned meetings and work sessions of the Council. 1.3) The Sergeant -at -Arms shall have the responsibility to maintain order and to enforce the rules of conduct as directed by the presiding officer. (2) Order and Decorum 2. 1) Any of the following shall be sufficient cause for the Sergeant -at -Arms to, at the direction of the presiding officer, remove any person from the Council Chamber or City Hall, for the duration of the meeting: 2.1.1. The use of unreasonably loud, disruptive or profane language. 2.1.2. The making of loud or disruptive noise. 2.1.3. The engaging in violent or distracting action. 2.1.4. The willful damage of furnishings or of the interior of the Council Chamber or City Hall. 2.1.5. The refusal to obey any of the rules of conduct provided within this Section, including the limitations on occupancy and seating capacity. 2.1.6. The refusal to obey an order of the presiding officer or an order issued by any Council member which has been approved by a majority of the Council members present. 2.1.7. Any conduct which obstructs the work or the conducting of business of the Council. 2.2) Before the Sergeant -at -Arms is directed to remove any person from the meeting hall for conduct described in subparagraph 2. 1, that person shall be given a warning by the presiding officer to cease that conduct. Page 7 of 17 Attachment 3, Page 7 of 17 2.3) If a meeting is disrupted by members of the audience, the presiding officer or a majority of the Council members present may order that the Council Chamber or City Hall be cleared. (3) Flags, Signs, Posters 3.1) No flags, posters, placards, signs or animals, unless authorized by the presiding officer, may be carried or placed in the Council Chamber, or any meeting hall in which a public hearing is being held. This restriction shall not apply to armbands, emblems, badges or other articles worn on personal clothing or individuals, provided that such devices are of such a size and nature as not to interfere with the vision or hearing of other persons at the meeting, and providing that such devices do not extend from the body in a manner likely to cause injury to another. (4) Picture Taking and Filming 4.1) The taking of photographs in the Council Chamber or City Hall shall be allowed except when done in violation of No. 7.3 or 7.4 of this Section. (5) Limitations on Public Debate 5.1) Time for testimony by members of the audience at public hearings or any Council meeting at which the public is invited or allowed to address the Council may be limited for each speaker and for each subject by the presiding officer or by majority vote of the Council. In the interest of time, persons addressing the Council shall limit their remarks to three minutes or less. A person may request additional time to address the Council if the request is made to the City Manager's Office by 12 noon of the Wednesday preceding the Council meeting for which it is intended, and approved by the Mayor. 5.2) All questions and discussions by members of the audience shall be directed to the presiding officer. 5.3) Directed discussion between members of the audience and Council members or city employees shall be permitted only at the discretion of the presiding officer. 5.4) Persons desiring to speak to the Council shall complete a "Request To Speak" card which is provided at regular Council meetings and shall give it to the City Recorder. The presiding officer will recognize those persons submitting the card first and may then recognize others in the audience. 5.5) All public testimony at regular sessions and work sessions, except at public hearings, shall be under the agenda item, "Business from the Audience" unless specifically permitted by the Mayor. 5.6) All persons addressing the Council shall do so after being acknowledged by the Presiding Officer. They shall clearly state their name and ward or location in the UGB, except for land use hearings where providing an address is necessary to receive notice of a decision for appeal rights. When speaking at public hearings, persons shall confine their comments to the issue under consideration. 5.7) For land use matters, the order of testimony shall be as prescribed by law. For all other matters, testimony shall be given in the order Request to Speak cards are received. (6) Seating Capacity and Safety Requirements Page 8 of 17 Attachment 3, Page 8 of 17 6. 1) The safe occupancy and seating capacity of the Council Chamber as determined by the Fire Marshal shall be posted within the Council Chamber. The limitations on occupancy and seating capacity so determined and posted shall be complied with at all times. 6.2) Aisles shall be kept clear at all times and persons shall not obstruct the doorways. (7) News Media 7.1) The provisions of this Section shall not be construed to prevent news media representatives from performing their duties so long as the manner of performance is not unreasonably disruptive of the meeting. 7.2) Representatives of news media organizations utilizing electronic recording equipment shall use the recording jacks made available in the Council Chamber for that purpose. Those persons shall not approach the Council table for the purpose of recording without permission of the presiding officer. 7.3) Persons using television or video tape equipment shall set up such equipment and remove the equipment in such a manner as to cause no disruption or distraction in the meeting. The placement of video equipment shall be allowed anywhere in the Council Chamber with the exception of the Council platform. 7.4) Persons using still cameras may take photographs from anywhere in the Council Chamber. Only one photographer may be on the Council platform at a time; additionally, while photographing from the Council platform, photographers will be discouraged from using automatic film advancing devices or flash units. SECTION VIII - MISCELLANEOUS CITY COUNCIL POLICIES AND PROCEDURES (1) Members of the City Council requesting a legal opinion from the City Attorney may do so directly provided the Mayor is aware of the inquiry or to the City Attorney at any official meeting of the Council. (2) The Mayor and City Council member shall refrain from using staff time and incurring unnecessary cost to the City. (3) Authorization is needed from the Mayor prior to a Council member taking a trip and incurring expenses on City -related business. To receive authorization for attendance at a training or conference (with the exception of the League of Oregon Cities Conference) the Council member will contact the City Manager's office with their request with dates, location, cost and purpose of the training. The City Manager or their designee, will present the request to the Mayor for review and approval. 3.1) The Mayor and Council members are encouraged to request reimbursement for actual expenses incurred in their duties as elected officials. Two methods of reimbursement are available for expenses incurred related to city business. See Section 3.2. The following expenditure categories qualify for reimbursement: a) Out of town travel expenses including mileage, meals and lodging (not included in automatic reimbursement process). b) Long distance telephone costs (if not issued a city cell phone or cell phone reimbursement). Page 9 of 17 Attachment 3, Page 9 of 17 c) Additional cellular phone costs related to calls made regarding City of Springfield business (if not receiving a city cell phone or cell phone reimbursement). d) Postage e) Local mileage and meal expense. * None of the above items may be paid for by the City in connection with elections or campaigning for a specific office. 3.2) Reimbursement Process. a) The Mayor and Council may submit receipts or documentation for reimbursement related to city business. Receipts and documentation must be submitted within 60 days of when the city business expense occurred. b) Monthly Automatic Payments. The Mayor and Council may receive automatic payments for cell phone and internet services. 3.3) As of 2015, state ethics law allows public agencies to pay for the cost of admission to, or food or beverage for relatives of a public official accompanying the public official at a reception, meal or meeting held by an organization when the public official is there in their official capacity. For elected officials for the City of Springfield, the following provisions will be allowed: a) The City will pay for the spouse or relative of an elected official to attend an event with the elected official two times per fiscal year/per elected official for an amount not to exceed $100 per event. 3.4) The Mayor will review and approve expense claims submitted by Council members. The Council President should review and approve expenditures submitted by the Mayor. 3.5) The City will issue the Mayor and City Council each a parking pass to allow them to park in City owned permitted parking lots while acting in their official capacities as Mayor or members of the Council. 3.6) The City should purchase office supplies for the Mayor and City Council. Such purchases should, when practical, occur through the normal city purchasing procedures. 3.7) Cellular Telephone and Internet. The Mayor and Council may receive reimbursement for cellular and/or internet services, for city business, or the City may provide a cellular phone with service, for city use only. The Mayor and Council also have the option of receiving neither. 3.7.1 Internet Services: The Mayor and Council may receive reimbursement for internet services. Reimbursement will be at the rate of $40.00 per month. This amount may be re-evaluated at any time staff or council leadership deems review is necessary (e.g., rate increases). Policy Guidelines are applicable as noted in (1) City of Springfield Administrative Regulation No. 04-01.01, Acceptable Use of City Network Services and Computing Devices; and (2) State Archives Division guidelines regarding email and retention. Your email system may be subject to review by someone in the event of a public records request to determine what can be disclosed. Page 10 of 17 Attachment 3, Page 10 of 17 3.7.2 Cellular Telephone: The Mayor and Council can be provided with a city cell phone, for city use only. The phone is purchased by the City and the monthly plan fees are processed directly through the City, by the service provider. A secondary option for the Mayor and Council is to use their own cell phone rather than a city issued telephone. A reimbursement amount of $45 per month is available for use of personal cell phones. The amount may be re-evaluated at any time staff or the council leadership deems review is necessary (e.g., rate increase). 3.7.3 Mileage Reimbursement: Mileage reimbursement will be based on the IRS approved rate. The Mayor/Council will be provided with a monthly travel report template which they may use to document their mileage, or they may create their own document listing mileage to and from meetings or events they attend in their capacity as an elected official. Once the mileage report is submitted by the Mayor/Council member, and approved (see subsection 3.4 for approval process) the payment will be processed and provided either through direct deposit or sent directly to the Mayor/Council member's home. (4) Mayor and Council members speaking to media or at events. 4.1) The Mayor and City Council member shall, if at all possible, notify the City Manager's Office and the Mayor if they are asked to do an interview or initiate a press conference relating to city business or policy prior to its occurrence. The Mayor or Council member shall clarify what, if any, official capacity they are representing when speaking to the media. 4.2) City Council members shall notify the Council President if they plan to attend and speak at a community event in their role as a Council member. At the outset of the event, the Council member shall clarify that their comments are their own and do not represent that of the full Council. (5) It shall be incumbent upon members of the Common Council to become familiar with public records and public meetings law, Chapter 192, Oregon Revised Statutes. (6) The Mayor and Council often receive requests for a letter of support or opposition on a particular issue. These requests should be addressed as follows: 6.1) If the Mayor or a Councilor is being asked to provide the letter as the Mayor, an individual Councilor or simply as a citizen, they may choose to forward the request to the other Councilors for their input before submitting their response or providing the letter; however, it is not required. 6.2) If the request is asking for a position by the entire Council, and there is sufficient time, the letter is to be provided to the City Manager's Office for review at the next available Agenda Review meeting for review by Council leadership who will provide a proposed response. The proposed response letter is to be brought to the next Council meeting by the City Manager with any objections or comments for discussion. Council will make a motion to approve/approve with changes/or not approve the response letter. • If the letter is unanimously approved by the Council as written or as amended, it is signed by the Mayor on behalf of the Council. • If the letter is approved by the majority of the Council as written or amended, but not unanimously, the letter will list the number of `yes' and `no' votes and any abstentions, listing the respective Councilors' names be each of the votes. Page 11 of 17 Attachment 3, Page 11 of 17 • If Council chooses not to submit a response letter, a Councilor (preferably the one receiving the original request) will contact the requestor to let them know the Council does not wish to take a position on the matter. This would not preclude a Councilor from taking a position as an individual Councilor or citizen. 6.3) If there is not sufficient time for the process above, the letter will be brought directly to the Council for discussion and action on a response. 6.4) The Council shall not take any position on quasi-judicial land use matters which will be considered by the Planning Commission or City Council. (7) Council may choose to authorize the purchase of flowers in circumstances where a community member or a member of the community member's family has died. a) The cost of the flowers will have a not to exceed amount of $50 and will be sent on behalf of the Mayor and Council. b) In lieu of flowers, a donation could be made on behalf of the Mayor and Council, with a not to exceed amount of $50 to a non-profit organization with a 501 (c)(3) designation. SECTION IX - COUNCIL BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES (1) Establishing City Boards, Commissions, Committees and Task Forces. 1.1) Springfield's boards, commissions, committees and task forces provide an invaluable service to the City. It is because of their detailed study, action and recommendations that many successful city programs exist today. Effective citizen participation is an invaluable tool for local government. 1.2) Boards, commissions, committees and task forces originate from different sources. Some are established by State statute, Charter provision, or ordinance. Others are established by direction of the City Council or the Mayor. It is Council discretion as to whether or not any advisory body should be set forth in the Code by ordinance. 1.3) Springfield's boards, commissions, committees, and task forces bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office may choose to be involved in advisory boards, commissions, committees and task forces instead. These bodies also serve as a training ground or stepping stone for qualified persons who are interested in seeking elected public office. They also help fulfill the goals of the City's adopted Citizen Involvement Program to have an informed and involved citizenry. 1.4) As Springfield boards, commissions, committees and task forces have been formed and reformed throughout the years, the adoption of uniform rules of procedure has become necessary to assure maximum productivity. The following policies govern the City's boards, commissions, committees and task forces. Some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, by-laws or, at times, State law. (2) Structuring Boards, Commissions, Committees and Task Forces 2.1) Every board, commission, committee or task force, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the Mayor and City Council to determine its effectiveness. This statement of purpose is made available to all citizens and will be included on application materials. Page 12 of 17 Attachment 3, Page 12 of 17 2.2) Unless otherwise provided by state law, the size of each board, commission, committee or task force is determined by the Mayor for Mayor's committees and task forces including those specified by Charter, and by the Council for Council boards, commissions and committees. The size is related to its duties and responsibilities. Another determination to be made prior to formation is the cost impact for staffing a proposed board, commission, committee or task force. 2.3) At the first regular meeting in January following a November general election, the Mayor appoints City Councilor liaison members to certain City boards, commissions, committees and task forces. The City Councilor liaison member is responsible for coordinating with the respective liaison designated by the board, commission, committee, or task force to establish a regular communication channel between the City Council and the respective board, commission, committee or task force. 2.4) A complete list of members of the City's various boards, commissions, committees and task forces is available in the City Manager's Office. It will be updated and posted on the City's website. (3) Appointing Board, Commission, Committee and Task Force Members: Definitions, Nomination and Appointment. 3.1) Council Subcommittees - Three Councilors: Council subcommittees appointed by the Mayor. Consists of three members of the Council and may include other citizen representation. Judiciary Finance Legislative 3.2) Council Boards, Commissions, Committee: Boards, commissions and committees of the Council or as required by Federal or State law. Nominated by the Mayor or Council, appointed by the Council. 3.3) Mayor's Committees/Task Forces: Committee or task force nominated and appointed by the Mayor to carry out a particular project or task. The Mayor may request Council to accept as a permanent committee at such time deemed necessary or dissolve the committee or task force. The term would be for the completion of the particular project or task. 3.4) Intergovernmental Committees: Boards, commissions and committees formed as a joint effort of more than one government agency. Many of these committees are through cooperative agreement. Others are by Council or staff choice to represent the City of Springfield. Nominated by the Mayor or Council and appointed by the Council. 3.5) Other Ad Hoc Committees/Task Forces: The Council may nominate and appoint certain ad hoc committees or task forces to carry out a particular project or task. The term would be for the completion of the particular project or task. 3.6) Council - Officially Recognized - Neighborhood Groups: Springfield Code, Section 2.650, sets forth a procedure to be used for formation of neighborhood groups to be officially recognized by the City Council. 3.7) Vacancies of boards, commissions, committees or task forces will be filled as needed. Notice of vacancies will be publicized as widely as practical throughout the community through means such as media releases, website postings, and local advertising. All persons interested in being considered for an appointment to any of the City's various boards, Page 13 of 17 Attachment 3, Page 13 of 17 commissions, committees or task forces shall submit an application, on a form provided, to the City Manager Office prior to formal consideration by the Council. The Mayor and Council will hold formal interviews of applicants for positions on the Budget Committee, Planning Commission, Lane Regional Air Protection Agency and Metropolitan Wastewater Management Commission. A recommendation from these bodies is not necessary although they may have a representative present to participate in the interview process. The City Council will hold formal interviews for all other positions, unless a candidate is reapplying to a second consecutive term on a particular board, commission, committee or task force. In that case, the Mayor may decide it is not necessary to interview the candidate forward that candidate's application directly to the Council for approval. 3.8) The Mayor and Council will hold formal interviews of applicants for positions on all city boards, commissions and committees. The process for appointments shall be as follows: a) The Mayor and Council will meet for interviews at a work session. The council is provided with an agenda item summary packet that contains standard questions to ask candidates. Prior to interviews, additional questions may be developed by the Mayor and Council at the direction of the Council President or Mayor. b) Each candidate will be asked the same set of questions during the interview, however questions may also be asked to follow up on an interview question or to clarify information in the application. c) Following the interviews, the Council will discuss the candidates and attempt to arrive at an appointment by consensus. If multiple vacancies exist, the appointments will be made one at a time and the vacancy with the longest outstanding term shall be appointed first. d) The appointment will be ratified at the following regular meeting. e) City staff will call the candidates with the outcome of the appointment. Follow-up letters of appointment and thank you will be sent with the Mayor's signature. 3.9) Unless appointees are representatives of other requested Springfield public agencies, or otherwise noted in bylaws for specific expertise or residency requirements, all persons appointed shall be residents or property owners within Springfield. All appointees must also be registered voters, with the exception of student appointees. 3.10) When possible, the Council will not appoint people currently serving on another governing body to the Planning Commission or Budget Committee. 3.11) When appointing people to any of the other City boards, commissions or committees, the Council shall take into account whether that person is being reappointed for a subsequent term, is currently serving on another governing body or currently appointed to another city board, commission or committee. 3.12) When possible, the Council will appoint people to serve on one City board, commission or committee only. Page 14 of 17 Attachment 3, Page 14 of 17 3.13) Unless otherwise provided by law or Council approved bylaws, citizen positions on boards, commissions, committees or task forces shall be for four-year, overlapping terms of office with no individual allowed to be appointed to more than two consecutive full terms. If someone is appointed to fill a partial term, that term will not be considered a full term as it applies to this section and they will be eligible to serve two additional full terms. One may re -apply after being off a board, commission, committee or task force for one year. 3.14) There shall be no designation or appointment of alternate voting members. 3.15) Newly appointed members will receive a briefing regarding their duties and responsibilities as members of the body and a review of Oregon public official ethics laws by the staff liaison. The board, commission, committee or task force chairperson may attend as well. (4) Dissolving Boards, Commissions, Committees and Task Forces 4.1) Unless otherwise provided by law, the appointing authority may dissolve any board, commission, committee or task force that, in their opinion, has completed its working function. (5) Board, Commission, Committee and Task Force Operating Policies 5.1) These policies shall supersede contrary provisions of any previous resolutions or adopting by-laws of the various boards, commissions, committees or task forces and shall be controlling policies for any subsequently adopted board, commission, committee, or task force operational documents until such time as expressly repealed, modified, or overruled. 5.2) All meetings of boards, commissions, committees and task forces that are formed to make a recommendation to the Council are subject to public meetings laws of the State of Oregon. 5.3) Unless otherwise provided by law, the number of meetings related to business needs of the board, commission, committee or task force may be set by the individual body. Notices of all meetings, including date, time, place and principal subjects to be discussed will be published in accordance with the public meetings laws of the State of Oregon. 5.4) For those boards, commissions, committees or task forces having bylaws, all by- laws and amendments will be approved by the Mayor and/or Council. 5.5) The chairperson or staff liaison (if assigned) will be responsible for the agenda of all meetings of boards, commissions, committees and task forces. They will also assure that minutes are kept of all meetings in accordance with the public meetings laws of the State of Oregon. 5.6) All appointees serve at the pleasure of the appointing authority. A position shall be vacated by the Council when the appointee has two or more consecutive unexcused absences from the board, commission or committee meetings in any twelve consecutive month period. The Chair, in consultation with City Staff, may also recommend to council leadership a member be removed from the committee if a member is found not to meet the committee's adopted Code of Conduct or Guidelines. 5.7) A quorum for conducting business is a simple majority of the membership of the board, commission, committee or task force. 5.8) All members of advisory bodies should be aware of the need to avoid any instance of conflict of interest. No individual should use an official position to gain a personal advantage. Additionally, certain public officials are required to file "Statements of Economic Interest" with Page 15 of 17 Attachment 3, Page 15 of 17 the Oregon Government Ethics Commission by April 15 annually (ORS Chapter 244). In Springfield, this currently applies to the following: Mayor and City Council Planning Commission Springfield Community Development Board Others: Springfield Utility Board Municipal Judges City Manager Further information about filing requirements may be obtained through the City Recorder. 5.9) Unless specifically directed by the City Council to state the City's official position on federal, state or county legislative matters, no lobbying before other elected bodies or subcommittees thereof will be undertaken by members of boards, commissions, committees or task forces. An individual member is free to voice a position on an issue as long as it is made clear that he/she is not speaking as a representative of the City of Springfield or as a member of his/her board, commission, committee or task force. Violation of this provision may be cause for removal from the board, commission, committee or task force. (6) Communicating with the Mayor and Council 6.1) Each year, each board, commission, committee or task force shall designate one member to serve as liaison with the City Council. The board member liaison shall coordinate with the City Councilor liaison to establish regular communication regarding upcoming City Council meeting agenda items and of Council decisions that are of interest to these advisory bodies. 6.2) Board member liaisons, particularly, and members of advisory bodies, in general, are encouraged to attend City Council meetings to keep abreast of Council actions. Board member liaisons are responsible for attending Council meetings when input from the respective board, commission, committee or task force is requested. Such meeting attendance will be coordinated by the City Councilor liaison. 6.3) The Mayor and City Council will transmit referrals for information or action through the City Council liaison member responsible for that particular board, commission, committee or task force. Boards, commissions, committees and task forces transmit findings, reports, etc., to the Mayor and City Council through their board member liaison. Such transmittals of information shall be coordinated between the City Councilor liaison and the board member liaison. 6.4) The board member liaison for the Arts Commission, Historic Commission, Library Board, and Springfield Police Advisory Committee shall be responsible for scheduling a joint meeting of the respective board and the City Council every two years. 6.5) Boards, commissions, committees and task forces that do not have City Councilor liaison members will transmit findings, reports, etc. to the Mayor and City Council through the City Manager's Office as needed. These advisory boards, commissions, committees and task forces will be informed of City Council actions that are of interest to them through the City Manager's Office. Page 16 of 17 Attachment 3, Page 16 of 17 6.6) While the City staffs role is one of assisting the boards, commissions, committees or task forces, City staff members are not employees of that body. City staff members are directly responsible to their department director and the City Manager. 6.7) Boards, commissions, committees and task forces will channel any budget request to the City Council through the City Manager consistent with the yearly budget preparation calendar. Boards, commissions and committees will receive copies of the City of Springfield's approved operating budget each year upon request. 6.8) Boards, commissions, committees and task forces shall provide their meeting minutes to the Mayor and City Council. SECTION X - AMENDMENTS AND ADDITIONS TO OPERATING PROCEDURES AND POLICIES (1) Unless otherwise superseded by law, any part of these operating procedures and policies may be temporarily suspended by a two-thirds vote of those members of the Council present and voting. (2) These operating procedures and policies may be permanently amended at any meeting at which prior notice of the proposed change was provided to each member of the Council. A two- thirds vote of those members of the Council present and voting is needed to effect an amendment or an addition to these operating procedures and policies. Adopted by the Common Council on October 19, 2020. ATTEST: City Recorder Council President functioning as Mayor in accordance of Section 17 of the Springfield Charter Page 17 of 17 Attachment 3, Page 17 of 17