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HomeMy WebLinkAboutItem 01 Boards, Commissions & CommitteesAGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: 10/10/2022 Work Session Mary Bridget Smith/CAO 541-744-4061 30 Minutes SPRINGFIELD Council Goals: Foster an Environment CITY COUNCIL that Values Diversity and Inclusion ITEM TITLE: BOARDS, COMMISSIONS, AND COMMITTTEES DISCUSSION ACTION Provide guidance on the Council's role in the selection process and participation REQUESTED: level in the Council's boards, commissions, and committees. ISSUE Council boards, commissions, and committees (BCCs) serve an important function STATEMENT: for the City of Springfield, but selection and management of BCCs can be challenging because of the variation in their purpose, makeup, and legal requirements. This item came up at the recent Council retreat and the purpose of this item is to follow up on that discussion. ATTACHMENTS: Attachment 1: PowerPoint Presentation Attachment 2: Section 9 of the COOP (BCC section) DISCUSSION/ Currently, most BCC members are selected the same way - they provide a written FINANCIAL application, are interviewed by the Council in a work session, and later appointed IMPACT: by a vote unless they are reapplying for a second consecutive term and the Mayor determines an interview is unnecessary. In addition, most BCCs have a Council liaison in addition to the staff liaison and committee chair. The liaison role and participation level vary by committee. Also, there are some committees where Councilors are sitting members such as the CDAC or Budget Committee. Using work session time for interviews and having Councilors participate on committees demonstrates that Council places a high level of importance on the BCCs. Some reasons for this policy could be that serving on these committees can lead a person to become interested in seeking elected office, BCCs provide valuable recommendations in their advisory capacity, and some BCCs fulfill statutory requirements relating to public participation. Finally, BCCs also provide a link between the City and the public through an avenue for public testimony and participation with the City through committee activities and events. The purpose of this item to provide the Council an opportunity to follow up on their discussion with an aim toward whether its policy toward BCCs needs to be reevaluated or if a different process would implement the policy more effectively. Depending on discussion, Council can provide direction to come back with specific process changes or to form a Council subcommittee. The Council subcommittee could further refine the policy and potential process changes for Council's subsequent consideration. There may also be some corresponding changes to the Council Operating Policies and Procedures or to the next recruitment process. Boards, Commissions & Committees (BCGs) October 2022 Presentation by: City Attorney's Office Attachment 1, Page 1 of 9 • Following up from Council retreat discussion • Addressing only Council committees Discussion 'Not addressing appointments to intergovernmental boards, Council Context subcommittees, project related CCI committees • Lens: Purpose & Council Role, Selection Process, BCC Committee Members' Role Attachment 1, Page 2 of 9 Legal Framework CHARTER- MAYOR APPOINTS AS APPLICABLE STATUTES SECTION 9 COUNCIL OPERATING COMMITTEE BYLAWS PER COUNCIL POLICIES AND DEPENDING ON COMMITTEE POLICIES AND PROCEDURES OR DIRECTLY APPOINTS MAYORAL SPRINGFIELD MUNICIPAL CODE COMMITTEES Attachment 1, Page 3 of 9 Budget Committee The fiscal policy and budget review committee for the City Committee mandated by statute (ORS 294.414) Council Operating Policies and procedures Bylaws Purpose - approve budget and taxes; conduct public meeting • Council members are members of the Budget Committee • Equal number of electors (qualified voters) • Separate recruitment by March of each year • Cannot also be on Planning Commission • Recruitment by ward, but not always appointed that way r mmittee Person Role • High level of staff support • Meets only during specific time of year for one purpose • Can be a "stepping stone" to elected office amm Attachment 1, Page 4 of 9 Planning Commission Statute — ORS 197.160 & 227.010 Springfield Municipal Code 2.402- 2.424 Springfield Development Code PurposeF_ • • • • Provide recommendations to Council; make quasi-judicial land use decisions; act as the CCI • Council liaison • Generally part of batch recruitment • No more than 2 working in real estate • No more than 2 in same business or profession • Cannot be on the Budget Committee • High level of staff support • Advise and make independent decisions • Meetings can be procedurally complex • Can be a "stepping stone" to elected office Attachment 1, Page 5 of 9 Committee Person RoleR • High level of staff support • Advise and make independent decisions • Meetings can be procedurally complex • Can be a "stepping stone" to elected office Attachment 1, Page 5 of 9 CDAC Federal CDBG Regulations Council Operating Policies & Procedures Bylaws F -I• • • • • • Citizen involvement and advisory to Council for housing and community development policy decisions; CDBG and HOME programs • One Councilor sits on committee Selection FhUm. M. M=00d • Part of Fall batch selection • 6 residents within UGB • 1 Planning Commissioner Committee Person R. - • Meet 2-4 times a year • Make specific recommendations about CDBG and HOME Funds Attachment 1, Page 6 of 9 HISTORIC COMMISSION SMC 2.500-2.522 and SDC 3.3.900-950 Council Operating Policies & Procedures Springfield Municipal Code I& Purpose and Council Role • Stewardship of historic assets and review development applications in the Washburne Historic District • Council liaison • Part of Fall batch selection • Resident, property owner, other public agencies, local specialists with expertise • DPW and Museum staff are ex -officio members ornmittee Person Role Amd • Meet throughout the year; has subcommittees • Make specific land use recommendations to Planning Commission ==,Is Attachment 1, Page 7 of 9 LIBRARY BOARD ORS 357.465 Council Operating Policies & Procedures Springfield Municipal Code Bylaws I& Purpose and Council Role • Stewardship of historic assets and review development applications in the Washburne Historic District • Council liaison • Part of Fall batch selection • Resident or electors • One member may be a nonresident who also owns property in the City Committee Person Role • Meet throughout the year • Make recommendations to City Manager, Library and Council Attachment 1, Page 8 of 9 MUSEUM, ARTS, S PAC, B PAC Council Operating Policies & Procedures Bylaws • Advisory committee to Council • Council liaison • Part of Fall batch selection dM • Resident, property owner, other public agencies, local specialists with expertise Committee Person '• • Meet throughout the year; has subcommittees • Work on a wide variety of projects • Take public testimony M" Attachment 1, Page 9 of 9 SECTION 9 COUNCIL BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES 9.1 Establishing City Boards, Commissions, Committees, and Task Forces 9.1.1 Citizen Participation. 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. 9.1.2 Sources. 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. 9.1.3 Citizen Participation. Springfield's boards, commissions, committees, and task forces bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interest 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. 9.1.4 Uniform Rules of Procedure. 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, bylaws or, at times, State law. 9.2 Structuring Boards, Commissions, Committees and Task Forces 9.2.1 Statement of Purpose. 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. 9.2.2 Mayor Determinations. 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 Attachment 2, Page 1 of 7 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. 9.2.3 Council Liaison. 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. 9.2.4 Member List. 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. 9.3 Appointing Board, Commission, Committee and Task Force Members: Definitions, Nominations and Appointment 9.3.1 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. 9.3.2 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. 9.3.3 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. 9.3.4 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. 9.3.5 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. 9.3.6 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. Attachment 2, Page 2 of 7 9.3.7 Vacancies. 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, commissions, committees or task forces shall submit an application, on a form provided, to the City Manager's 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. 9.3.8 Formal Interviews. 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. 9.3.9 Residency. 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 Attachment 2, Page 3 of 7 owners within Springfield. All appointees must also be registered voters, with the exception of student appointees. 9.3.10 Serving on Planning Commission or Budget Committee Only. When possible, the Council will not appoint people currently serving on another governing body to the Planning Commission or Budget Committee. 9.3.11 Appointment. 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. 9.3.12 Appointment to One Board. Commission or Committee. When possible, the Council will appoint people to serve on one City board, commission or committee only. 9.3.13 Term of Office. 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. 9.3.14 Alternate Voting Members. There shall be no designation or appointment of alternate voting members. 9.3.15 New Members Briefing. 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. 9.4 Dissolving Boards, Commissions, Committees and Task Forces 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. 9.5 Board, Commission, Committee and Task Force Operating Policies 9.5.1 Supersede Previous Policies. These policies shall supersede contrary provisions of any previous resolutions or adopting bylaws of the various boards, commissions, committees or task forces and shall be controlling policies for any subsequently adopted board, commission, committee, or task force operation documents until such time as expressly repealed, modified, or overruled. Attachment 2, Page 4 of 7 9.5.2 Public Meetings Law. 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. 9.5.3 Notice of Meetings. 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. 9.5.4 Amendments. For those boards, commissions, committees, or task forces having bylaws, all bylaw and amendments will be approved by the Mayor and/or Council. 9.5.5 Agenda and Minutes. 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. 9.5.6 Member Removal. 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. 9.5.7 Quorum. A quorum for conducting business is a simple majority of the membership of the board, commission, committee, or task force. 9.5.8 Conflicts of Interest. 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 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 Attachment 2, Page 5 of 7 9.5.9 Speaking on Behalf of the Board, Commission or Committee. 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. 9.6 Communicating with the Mayor and Council 9.6.1 Liaison. 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. 9.6.2 Council Meeting Attendance. 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. 9.6.3 Information Referrals. 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. 9.6.4 Joint Meetings. 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. 9.6.5 No Liaison. 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. 9.6.6 City Employees. While the City staff's role is one of assisting the boards, commissions, committees or task forces, City staff members are not employees of Attachment 2, Page 6 of 7 that body. City staff members are directly responsible to their department director and the City Manager. 9.6.7 Budget Requests. 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. 9.6.8 Minutes. Boards, commissions, committees and task forces shall provide their meeting minutes to the Mayor and City Council. Attachment 2, Page 7 of 7