HomeMy WebLinkAbout2021 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