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Home My WebLink About2021 08 03 AIS CAO Annual Legal Training{00020726:1} AGENDA ITEM SUMMARY Meeting Date: 8/3/2021 Meeting Type:Work Session Staff Contact/Dept.:Kristina Kraaz, CAO Staff Phone No:541-744-4061 Estimated Time: 30 min S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: ANNUAL LEGAL TRAINING ACTION REQUESTED: Participate in training on public meetings focusing especially on quasi-judicial decisions, public records, and public official ethics. ISSUE STATEMENT: The City Attorney’s Office provides annual training to the Planning Commission on legal topics important to the Commission, particularly focused on public meetings, quasi-judicial public hearings, public records, and ethics. ATTACHMENTS: Attachment 1: Training Presentation Slides DISCUSSION/ FINANCIAL IMPACT: The Springfield Planning Commission is a governing body of a public body that is subject to the Oregon Public Meetings law and Oregon Public Records Law. In addition, specific procedural requirements apply to land use decisions and to formal recommendations made by the Commission. Individual Commissioners subject to the Oregon Government Ethics Law. This training will cover legal requirements associated with these laws and legal processes. This training will focus on the following topics:  Planning Commission Scope of Authority  Meetings and Procedures  Public Hearings  Public Official Ethics  Public Records  Resources for more information Public Meetings & Land Use Hearing Process SPRINGFIELD PLANNING COMMISSION –TRAINING AUGUST 3, 2021Attachment 1, Page 1 of 24 PURPOSE OF THIS TRAINING 1. Effectively participate in public meetings 2. Understand and comply with Oregon legal requirements for land use decisions 3. Understand and comply with Oregon public records and public meetings requirements For Planning Commissioners 1. Effectively engage in public involvement opportunities with the Planning Commission 2. Understand legal rights during land use decision-making processes For the PublicAttachment 1, Page 2 of 24 Planning Commission Bylaws SMC 2.402-424 •7 members •No more than two in the same kind of business or profession •Four-year terms •Per Council Operating Policies –2-term limit, unless overridden by Council vote •Meeting Schedule •At least once per month, as designated by PC. •Special meetings as determined by the Commission •Scope of Authority •Recommendations to Council on Legislative planning decisions •Quasi-Judicial review of development permits •Acts as the Committee for Citizen Involvement (per City’s acknowledged Citizen Involvement Program under Goal 1)Attachment 1, Page 3 of 24 MEETINGS & PROCEDURESAttachment 1, Page 4 of 24 MEETINGS OVERVIEW Quorum required to meet 50% of current appointed members + One) Meetings follow set agenda Order of business set in advance by City staff Public hearing process set by Development Code Can be changed by motion and vote of the Commission Meeting Minutes ORS 192.650 Identify disposition of all action items Record votes by name Describe the substance of any discussion (does not require precise detail or transcription of comments) Reference to documents discussedAttachment 1, Page 5 of 24 Oregon Public Meetings Law •State Law Requirements: •Quorum cannot “meet” outside a noticed public meeting •A “meeting” is deliberation or discussion of Planning Commission business by a quorum of the commission •Includes email, phone, or texting •Includes “serial meetings” •Rights of the Public: •Entitled to attend all meetings (virtually and physically, post-COVID) •Participate during designated times (not all meetings/items) •Meetings to be accessible to persons with disabilities under the ADAAttachment 1, Page 6 of 24 What and when are procedures strictly required? ◦Parliamentary procedure is not always a strict requirement ◦Most useful as a structure to guide decision-making ◦Anything goes with unanimous consent of Commission (within reason and within legal requirements) ◦Important to follow Code for public hearings ◦SDC 5.2-150: Suspend rule of procedure with majority vote if not required by law ◦Oregon land use law: May deviate from procedures if it does not cause prejudice to any party ◦Point of Order ◦Can always stop and sidebar re: procedure ◦City Attorney’s Office and Planning Manager are resourcesAttachment 1, Page 7 of 24 Making a Motion 1.Chair announces order of business (following agenda –No motion needed. 2.Chair recognizes a speaker. Speaker makes a motion. ◦States specific action or references a proposed resolution or order that states specifics. ◦“I move that” not “I motion to” ◦Does not require movant to vote for the motion. 3.Motion is seconded. 4.As needed, discussion to modify the motion – does not need to be seconded. 5.Chair puts motion “in play” by restating it for the Commission.Attachment 1, Page 8 of 24 Making a Motion Chair announces order of business •Follows agenda order. •No motion needed. Chair recognizes a speaker. Speaker makes a motion. •States specific action or references a proposed order. •“I move that” not “I motion to” Motion is seconded. Discussion to modify the motion •As needed •Does not need to be seconded. Chair restates the motion.Attachment 1, Page 9 of 24 Making a Decision Debate should be limited to the immediately preceding question only Any Commissioner can call for immediate vote by saying “I call the previous question,” or “I call the question(s) of…” Chair calls for a vote by restating the question (motion). If a motion to approve doesn’t pass: •Must approve the application with additional conditions -OR - •Pass motion to deny application. Final decision must be: •In writing •Based on findings of fact •Supported by substantial evidence in the record.Attachment 1, Page 10 of 24 PUBLIC HEARINGSAttachment 1, Page 11 of 24 Duties of the Presiding Officer SDC 5.2-130 Regulate the course and decorum of the hearing Regulate Dispose of procedural requests or similar matters Rule on offers of proof and relevance of evidence and testimony Rule on a challenge for bias under Section 5.2-125. Rule Impose reasonable time limits on those testifyingLimit Time Take other action authorized by the Commission that is appropriate for conducting the public hearing Take ActionAttachment 1, Page 12 of 24 Order of Procedure SDC 5.2-135 Chair Opens Public Hearing Explanation of criteria of approval, legal disclaimers for quasi-judicial hearing. Disclosure of Conflicts, Bias, or Ex Parte Contacts Objections to jurisdiction? Staff ReportAttachment 1, Page 13 of 24 Order of Procedure SDC 5.2-135 Applicant Testimony Public Testimony In Favor Neutral Opposed Staff Summary Applicant Rebuttal Questions to Staff, Applicant, members of public Attachment 1, Page 14 of 24 Order of Procedure SDC 5.2-135 Close the Public Hearing Close the Written Record Discussion of policy issues, compliance with criteria of approval. Code allows questions here, but not recommended after hearing and record are closed. Decision based upon findingsAttachment 1, Page 15 of 24 When to Close the Hearing & Record Request to Continue Hearing? •PC discretion whether to continue oral hearing. •YES: State date, time, place of hearing. •NO: Close the public hearing. Go to next step. Request to Leave Record Open? •Not discretionary for initial quasi-judicial hearing. •YES: Extend record 7+7+7 for quasi- judicial hearings. •NO: Go to next step. More info needed to make decision? •YES: Extend record at least 7+7+7 for quasi- judicial hearings. •NO: Close written record (or reopen if closed prematurely). Deliberate and make final decision.Attachment 1, Page 16 of 24 GOVERNMENT ETHICSAttachment 1, Page 17 of 24 Ethics Obligations •Commissioners are “Public Officials” •Public Officials are personally responsible for ethics violations. •The City does not defend public officials who violate ethics law.Attachment 1, Page 18 of 24 Ethics Obligations No financial gain from an official position. Relatives are included: •Spouse, parent, step-parent, child, sibling, step-sibling, child’s spouse •Spouse’s relatives as listed above •Someone public official is legally obligated to supports •Someone public official provides or receives benefits arising from public official’s employment Very limited exceptions Listed under state law •Official compensation (Planning Commissioners are unpaid) •Honorariums and gifts less than $50 – defined in state law •Reimbursement for expenses •An unsolicited professional achievement award Conflicts of Interest Actual conflict would result in financial gain or avoiding a loss. •Must recuse from discussion & voting. Potential conflict could result in financial gain or avoiding a loss. •Must declare conflict before discussion.Attachment 1, Page 19 of 24 Ethics Obligations Planning Commissioners must file annual verified statement of economic interest. Due annually on April 15.Attachment 1, Page 20 of 24 PUBLIC RECORDSAttachment 1, Page 21 of 24 Public Records •A “public record” is any writing that contains information related to the conduct of the public’s business, prepared, owned, used or retained by public body.Attachment 1, Page 22 of 24 Public Records City has a duty to provide all nonexempt parts of a public record upon request and must respond within specific timeline Only exemptions are listed in state laws (ORS 192.345 and 192.355) Planning Commissioner emails, notes, and texts are public records. City is required to retain certain public records according to a retention schedule published by the Secretary of State. Retention Examples: •Permanent: comprehensive plan documents •10-year: land use appeal files •1-year: notes from meetings, desk notesAttachment 1, Page 23 of 24 Questions? Resources •Oregon Government Ethics Commission Guide to Public Official Ethics (2021 Edition) •https://www.oregon.gov/ogec/Documents/2021%20PO%20Guide%20Final%20Adopted.pdf •Oregon Attorney General’s Public Meetings and Public Records Manual •https://www.doj.state.or.us/oregon-department-of-justice/public-records/attorney-generals-public- records-and-meetings-manual/ •Oregon Department of Land Conservation and Development “Oregon Planning” page •https://www.oregon.gov/lcd/OP/Pages/index.aspx •Oregon Chapter American Planning Association “Planning Commissioner Resources” page •https://oregon.planning.org/knowledge/planningcommissioner/ •City of Springfield City Council Operating Policies and Procedures •http://laserfiche.springfield-or.gov/weblink/Browse.aspx?startid=28270Attachment 1, Page 24 of 24