HomeMy WebLinkAboutItem 15- Council Operating Policies & ProceduresAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
6/5/2023
Regular Meeting
Mary Bridget Smith/CAO
541-744-4061
10 Minutes
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE: REVIEW OF CITY COUNCIL OPERATING POLICIES AND PROCEDURES
ACTION
Review and adopt the updated Council Operating Policies and Procedures.
REQUESTED:
ISSUE
The Springfield Charter requires the Council to annually approve and maintain its
STATEMENT:
Operating Policies and Procedures.
ATTACHMENTS:
1: Draft Resolution Adopting Amendments to the Council Operating Policies and
Procedures
2: Proposed Council Operating Policies and Procedures (legislative version)
3: 9-6-2016 Executive Session News Media Attendance Policy
DISCUSSION/
The purpose of this item is to provide the Council with an opportunity to review and
FINANCIAL
discuss its current Council Operating Policies and Procedures (Operating Policies).
IMPACT:
The Council can also consider changing its policy on media attendance at executive
session meetings to be more concise and incorporated into its Operating Policies
instead of the current stand-alone policy (See Attachment 3). The proposed changes
start on page 9 of Attachment 2. The benefit of incorporating the language into the
existing Operating Policies is so Council can have all of the relevant information
about how to run its meetings in one place.
The proposed changes are taken from a League of Oregon Cities guide on executive
sessions and are consistent with the most recent Attorney General Opinion (OP
8291, April 18, 2016). That opinion concluded that the term news media is `broad
and flexible enough' to encompass changing technologies including individuals who
use online technology to disseminate the news. Further, public bodies may only
exclude the media from executive session as per state law (labor negotiations and
executive sessions related to litigation where the media is a party) and cannot adopt
rules that contradict state law. Public bodies may adopt policies that require
individuals to demonstrate they are news media representatives, but public bodies
cannot require specific types of credentials, nor can it require advance notice of
attendance or exclude media representatives from an executive session. Violations of
Oregon Public Meetings law are enforced by the Oregon Government Ethics
Commission and could result in fines and negative publicity.
Chapter IV, Section 12 of the Springfield Charter requires that the City Council
annually approve and maintain its Operating Policies and Procedures. Approval
requires a 2/3 Council vote in a regular session. The Council may have additional
changes to their Operating Policies as a result of discussions at its upcoming retreat.
In preparation for the retreat, the City Attorney's Office plans to prepare materials
on Boards, Commissions and Committees for the retreat and can prepare additional
materials on topics related to the Operating Policies at the Council's request.
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO.
RESOLUTION ADOPTING AMENDMENTS TO
THE COUNCIL OPERATING POLICIES AND PROCEDURES
WHEREAS, Chapter IV, Section 12 of the Springfield Charter provides that the Council shall approve
and maintain operating procedures and policies annually; and
WHEREAS, Section 10.1.2 of the Springfield City Council Operating Policies and Procedures provides
that the Council may amend their operating policies and procedures at a Council meeting with a two-
thirds vote of the Councilors present at the meeting provided there is prior notice of the proposed
changes; and
WHEREAS, Oregon public meetings law provides that representatives of the news media shall be
allowed to attend certain executive sessions of public bodies, but may be requested to not disclose
specified information (ORS 192.660(4)); and
WHEREAS, at the time state law relating to media attendance at executive sessions was
adopted, "news media" consisted of entities that were institutionalized and structured to support
compliance with the requirements of ORS 192.660(4), the law includes no express mechanism for
enforcing those requirements; and
WHEREAS, technological advances have changed the ways in which news is circulated in the
community allowing virtually any individual or entity to disseminate information widely; and
WHEREAS, the City Council finds that it is necessary to adopt a policy that implements the intent of
the public meetings law relating to executive session attendance, without precluding attendance by
internet-based or other "non-traditional" media that are formally organized for the purpose of
gathering and disseminating news and committed to compliance with ORS 192.660(4); and
WHEREAS, the City Council recognizes that this policy is solely for determining eligibility to attend
executive sessions, which requests non -disclosure of specified information from executive sessions,
and is not intended to otherwise define "news media" or to determine eligibility to report on the City's
activities or to limit access to other city meetings by any person;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The Springfield City Council Operating Policies and Procedures are amended to
reflect the changes included in Attachment 2 of the June 5, 2023, Agenda Item Summary.
Attachment 1, Page 1 of 2
Section 2: This Resolution will take effect upon adoption by the Council.
ADOPTED by the Common Council of the City of Springfield this day of June, 2023,
by a vote of for and against.
ATTEST:
City Recorder
Attachment 1, Page 2 of 2
SPRINGFIELD CITY COUNCIL
OPERATING POLICIES AND PROCEDURES
UPDATED: June 2023
Attachment 2, Page 1 of 30
Table of Contents
SECTION1 AUTHORITY.....................................................................................................................................1
SECTION 2 OFFICERS OF THE COMMON COUNCIL.................................................................................1
2.1 Election of President..........................................................................................................................1
2.2 Other Seats.............................................................................................................................................1
2.3 Council Vacancy Process...................................................................................................................1
SECTION 3 REGULAR MEETINGS OF THE COMMON COUNCIL..........................................................1
3.1 Location...................................................................................................................................................1
3.2 Time.......................................................................................................................................................... 2
3.3 Mayor and Councilor Attendance.................................................................................................. 2
3.3.1 Notification....................................................................................................................................2
3.3.2 Excused Absences....................................................................................................................... 2
3.3.3 Remote Participation.................................................................................................................2
3.4 Public Meetings.................................................................................................................................... 2
3.4.1 Open to the Public.......................................................................................................................2
3.4.2 Accommodation for Persons with Disabilities................................................................ 3
3.4.3 Deaf or Hard of Hearing Accommodation.........................................................................3
3.5 Council Agenda..................................................................................................................................... 3
3.5.1 Agenda Items................................................................................................................................3
3.5.2 Other Items.................................................................................................................................... 3
3.5.3 Time Limit......................................................................................................................................4
3.6 Correspondence, Petitions, Etc......................................................................................................4
3.6.1 Matters on the Agenda..............................................................................................................4
3.6.2 Matters Not on the Agenda.....................................................................................................4
3.6.3 Discretionary Matters...............................................................................................................4
3.6.4 Withholding an Item..................................................................................................................4
3.7 Order of Business................................................................................................................................4
3.8 Recesses and Adjournments........................................................................................................... 5
3.9 Agenda and Supportive Material to the Public........................................................................ 5
3.9.1 Public Records Requests..........................................................................................................5
3.9.2 Media Requests............................................................................................................................5
3.9.3 Direct Request.............................................................................................................................. 5
Attachment 2, Page 2 of 30
3.10 Presiding Officer..............................................................................................................................6
3.10.1 Call Meetings............................................................................................................................6
3.10.2 Mayor Absence........................................................................................................................ 6
3.10.3 Mayor and President Absence........................................................................................... 6
3.10.4 Limitations................................................................................................................................ 6
3.11 Appeal Hearings...............................................................................................................................6
3.11.1 Procedure..................................................................................................................................6
3.11.2 Notice.......................................................................................................................................... 6
3.12 Enactment of Ordinance...............................................................................................................6
3.12.1 Procedure..................................................................................................................................6
3.12.2 Process........................................................................................................................................7
SECTION 4 CONDUCT AT COUNCIL MEETINGS....................................................................................... 7
4.1 Meeting Conduct.................................................................................................................................. 7
4.2 Procedures............................................................................................................................................. 7
4.3 Parliamentary Procedure.................................................................................................................7
4.4 Motions....................................................................................................................................................7
4.5 Motions on Bids and Claims............................................................................................................ 7
4.6 Informed Public....................................................................................................................................7
SECTION 5 COUNCIL WORK SESSIONS.......................................................................................................8
5.1 Governing Rules................................................................................................................................... 8
5.1.1 Location..........................................................................................................................................8
5.1.2 Agenda............................................................................................................................................ 8
5.1.3 Work Sessions.............................................................................................................................. 8
5.1.4 No Work Sessions on Fifth Monday..................................................................................... 8
5.1.5 Decisions at Work Sessions....................................................................................................8
SECTION 6 COUNCIL EXECUTIVE SESSIONS.............................................................................................9
6.1 Conduct....................................................................................................................................................9
6.2 Final Decisions/Actions.................................................................................................................... 9
6.3 Attendance............................................................................................................................................. 9
6.4 News Media Attendance Policy......................................................................................................9
6.4.1 Exclusions to Attendance.........................................................................................................9
6.4.2 Recognized News Media Organizations.............................................................................9
6.4.3 Attendance at Executive Sessions........................................................................................ 9
6.4.4 Request Form............................................................................................................................ 10
Attachment 2, Page 3 of 30
6.4.5 Providing Credentials in Advance.....................................................................................
10
6.4.6 Recording Devices Prohibited.............................................................................................
10
6.4.7 Application to Boards and Commissions........................................................................
10
SECTION 7 CONDUCT AT COUNCIL MEETINGS AND WORK SESSIONS......................................11
7.1 Responsibility for Order................................................................................................................
11
7.2 Order and Decorum.........................................................................................................................
11
7.2.1 Responsibility for Order........................................................................................................
11
7.2.2 Warning.......................................................................................................................................11
7.2.3 Clearing Council Chambers..................................................................................................
11
7.3 Flags, Signs, Posters.........................................................................................................................
11
7.4 Picture Taking and Filming...........................................................................................................
12
7.5 Limitations on Public Debate.......................................................................................................
12
7.5.1 Time Limitation........................................................................................................................
12
7.5.2 Questions from Audience......................................................................................................
12
7.5.3 Directed Discussion................................................................................................................
12
7.5.4 Request to Speak......................................................................................................................
12
7.5.5 Business from the Audience................................................................................................
12
7.5.6 Acknowledgement...................................................................................................................12
7.5.7 Order of Testimony.................................................................................................................
12
7.6 Seating Capacity and Safety Requirements............................................................................
13
7.6.1 Seating Capacity.......................................................................................................................
13
7.6.2 No Obstructions........................................................................................................................
13
7.7 News Media.........................................................................................................................................
13
7.7.1 Not Disruptive...........................................................................................................................
13
7.7.2 Recording Equipment Usage...............................................................................................13
7.7.3 Video Tape Equipment Usage.............................................................................................
13
7.7.4 Still Camera Usage...................................................................................................................
13
SECTION 8 MISCELLANEOUS CITY COUNCIL POLICIES AND PROCEDURES ............................
13
8.1 Legal Opinions...................................................................................................................................
13
8.2 Staff Time.............................................................................................................................................
13
8.3 Travel Expenses................................................................................................................................
14
8.3.1 Reimbursement Request.......................................................................................................
14
8.3.2 Reimbursement Process.......................................................................................................
14
8.3.3 Accompanying Public Official..............................................................................................
14
Attachment 2, Page 4 of 30
8.3.4
Expense Approval....................................................................................................................
15
8.3.5
Parking Pass...............................................................................................................................
15
8.3.6
Office Supplies...........................................................................................................................
15
8.3.7
Cellular Telephone and Internet........................................................................................15
8.4 Mayor and Council Members Speaking to Media or at Events........................................
16
8.4.1
Interview or Press Conference...........................................................................................
16
8.4.2
Speaking Engagement............................................................................................................
16
8.5 Public
Official Ethics, Public Records, a-nd Public Meetings and Unlawful
DiscriminationLaws....................................................................................................................................
16
8.6 Letter
of Support or Opposition..................................................................................................
16
8.6.1
Council Input.............................................................................................................................
16
8.6.2
Agenda Review.........................................................................................................................
16
8.6.3
Council Discussion/Response.............................................................................................
17
8.6.4
No Position on Quasi-Judicial Land Use Decisions......................................................
17
8.7 Condolences
........................................................................................................................................17
SECTION 9
COUNCIL BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES...............
17
9.1 Establishing
City Boards, Commissions, Committees, and Task Forces......................
17
9.1.1
Citizen Participation...............................................................................................................
17
9.1.2
Sources.........................................................................................................................................17
9.1.3
Citizen Participation...............................................................................................................
18
9.1.4
Uniform Rules of Procedure................................................................................................
18
9.2 Structuring Boards, Commissions, Committees and Task Forces.................................
18
9.2.1
Statement of Purpose.............................................................................................................
18
9.2.2
Mayor Determinations...........................................................................................................
18
9.2.3
Council Liaison..........................................................................................................................
18
9.2.4
Member List...............................................................................................................................
18
9.3 Appointing Board, Commission, Committee and Task Force Members: Definitions,
Nominations
and Appointment...............................................................................................................
19
9.3.1
Council Subcommittees - Three Councilors..................................................................
19
9.3.2
Council Boards, Commissions, Committee.....................................................................
19
9.3.3
Mayor's Committees/Task Forces.....................................................................................
19
9.3.4
Intergovernmental Committees.........................................................................................
19
9.3.5
Other Ad Hoc Committees/Task Forces..........................................................................
19
9.3.6
Council - Officially Recognized - Neighborhood Groups.........................................
19
Attachment 2, Page 5 of 30
9.3.7 Vacancies.....................................................................................................................................19
9.3.8 Formal Interviews................................................................................................................... 20
9.3.9 Residency....................................................................................................................................20
9.3.10 Serving on Planning Commission or Budget Committee Only ........................... 20
9.3.11 Appointment......................................................................................................................... 20
9.3.12 Appointment to One Board, Commission or Committee ...................................... 21
9.3.13 Term of Office....................................................................................................................... 21
9.3.14 Alternate Voting Members............................................................................................... 21
9.3.15 New Members Briefing...................................................................................................... 21
9.4 Dissolving Boards, Commissions, Committees and Task Forces ................................... 21
9.5 Board, Commission, Committee and Task Force Operating Policies ............................ 21
9.5.1 Supersede Previous Policies................................................................................................ 21
9.5.2 Public Meetings Law............................................................................................................... 21
9.5.3 Notice of Meetings................................................................................................................... 21
9.5.4 Amendments..............................................................................................................................22
9.5.5 Agenda and Minutes............................................................................................................... 22
9.5.6 Member Removal..................................................................................................................... 22
9.5.7 Quorum........................................................................................................................................22
9.5.8 Conflicts of Interest................................................................................................................. 22
9.5.9 Speaking on Behalf of the Board, Commission or Committee ................................ 22
9.6 Communicating with the Mayor and Council........................................................................ 23
9.6.1 Liaison..........................................................................................................................................23
9.6.2 Council Meeting Attendance................................................................................................ 23
9.6.3 Information Referrals............................................................................................................. 23
9.6.4
Joint Meetings............................................................................................................................
23
9.6.5
No Liaison...................................................................................................................................23
9.6.6
City Employees.........................................................................................................................
23
9.6.7
Budget Requests.......................................................................................................................
23
9.6.8
Minutes........................................................................................................................................
23
SECTION 10
AMENDMENTS AND ADDITIONS TO OPERATING POLICIES AND
PROCEDURES......................................................................................................................................................
24
10.1 Temporarily Suspended............................................................................................................
24
10.1.1
Suspended by Vote..............................................................................................................
24
10.1.2
Amendments.........................................................................................................................
24
Attachment 2, Page 6 of 30
SECTION 1
AUTHORITY
These operating policies and procedures are established and adopted under the authority
granted in the Springfield Charter, Chapter IV, Section 12.
SECTION 2
OFFICERS OF THE COMMON COUNCIL
2.1 Election of President
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.
2.2 Other Seats
The City Manager, City Recorder, and City Attorney are hereby entitled to seats with the
Common Council.
2.3 Council Vacancy Process
The Council will declare that a vacancy has occurred at a regular meeting.
Before filling a vacancy in an elective office as defined in the Springfield Charter and
notwithstanding a situation where the Council appoints a councilor -elect to fill a vacancy in
the seat to which they were elected before their term starts, the Council shall adopt a
process that may include procedures such as determining qualifications, advertising and
outreach regarding the vacancy, a standard application form, the interview process and
public participation. The Council cannot adopt the process until the public has had an
opportunity to provide comment about the process at a public hearing. The adopted
process will not commence until after the vacating Councilor has vacated their position and
ceased their role.
SECTION 3
REGULAR MEETINGS OF THE COMMON COUNCIL
3.1 Location
The regular meetings of the Common Council shall be held in the Springfield City Hall,
Council Chambers, 225 Fifth Street. Changes of location must be in accordance with City
Code Section 2.050.
Attachment 2, Page 7 of 30
3.2 Time
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.
3.3 Mayor and Councilor Attendance
3.3.1 Notification. 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 1St 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.
3.3.2 Excused Absences. Excused absences from Council meetings include:
3.3.2.1
Death in the family
3.3.2.2
Illness
3.3.2.3
Family emergency
3.3.2.4
Scheduled vacations; however, Councilors are encouraged,
when possible, to schedule vacations during scheduled Council
recesses.
3.3.2.5
On city business
3.3.2.6
Employment conflict
3.3.2.7
Other absences as excused by the Mayor or three members of
the Council when the Mayor is not available.
3.3.3 Remote Participation. Councilors may, at their discretion, attend meetings,
regular sessions, and work sessions in-person or virtually.
3.4 Public Meetings
3.4.1 Open to the Public. 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.
Attachment 2, Page 8 of 30
3.4.2 Accommodation for Persons with Disabilities. The meeting location shall be
accessible to persons with disabilities. Upon request of a person who is deaf or heard of
hearing, the City will make a good faith effort to provide an interpreter at a regularly
scheduled meeting. The request shall be made at least 48 hours in advance and include the
name of the requester and sign language preference.
3.4.3 Deaf or Hard of Hearing Accommodation. For meetings in the Council
Meeting Room, a "Personal PA Receiver" for the hearing impaired is available, as well as the
Induction Loop for the benefit of hearing aid users.
3.5 Council Agenda
3.5.1 Agenda Items. 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:
3.5.1.1 All items considered by the Council from work sessions which
require official action of the Council.
3.5.1.2 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.
3.5.1.3 All items deemed appropriate to the City Manager.
3.5.1.4 All items which are required by law to be presented to the Council.
3.5.2 Other Items. 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.
3.5.2.1 Requests 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.
3.5.2.2 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
Attachment 2, Page 9 of 30
organization or group. It is preferred that a representative of the requesting
organization be present to receive the proclamation.
3.5.3 Time Limit. 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.
3.6 Correspondence, Petitions, Etc.
Unsolicited written communications such as correspondence and petitions may be
submitted to the City Manager's Office at any time.
3.6.1 Matters on the Agenda. Unsolicited communications to the mayor and/or
Council concerning matters on an agenda received by 12:00 noon on the Wednesday
preceding the Council meeting for which they are intended shall be forwarded to the
Council in the agenda packet. Any communications submitted without the author's name
may be put on an agenda but will not normally be accepted by the Council.
3.6.2 Matters Not on the Agenda. Unsolicited communications to the mayor
and/or Council concerning matters that are not on an agenda shall be forwarded to the
mayor and/or Council but shall not be included in an agenda packet.
3.6.3 Discretionary Matters. The City Manager may, in their discretion, bring any
matter raised by an unsolicited communication to the attention of the Council as an agenda
item, provided that such communication is accompanied by an Agenda Item Summary.
3.6.4 Withholding an Item. The City Manager may withhold any such item from an
agenda so that they can study the issue, question or request.
3.7 Order of Business
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. Ordinance (Second readings)
Attachment 2, Page 10 of 30
e. Other Routine Matters
VI - Items Removed From the Consent Calendar
VII - Public Hearing
a. Consideration of ordinances or resolutions related to public hearings.
VIII - Business From the Audience (limited to 20 minutes total)
IX - Council Response
X - Correspondence and Petitioners
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
3.8 Recesses and Adjournments
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.
3.9 Agenda and Supportive Material to the Public
3.9.1 Public Records Requests. 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.
3.9.2 Media Requests. 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 there, 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.
3.9.3 Direct Request. In the event a request is made for 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
Attachment 2, Page 11 of 30
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.
3.10 Presiding Officer
3.10.1 Call Meetings. 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.
3.10.2 Mayor Absence. 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.
3.10.3 Mayor and President Absence. 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.
3.10.4 Limitations. 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.
3.11 Appeal Hearings
3.11.1 Procedure. 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.
3.11.2 Notice. 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.
3.12 Enactment of Ordinance
3.12.1 Procedure. 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.
Attachment 2, Page 12 of 30
3.12.2 Process. 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 4
CONDUCT AT COUNCIL MEETINGS
4.1 Meeting Conduct
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.
4.2 Procedures
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.
4.3 Parliamentary Procedure
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.
4.4 Motions
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.
4.5 Motions on Bids and Claims
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 adoption of these matters.
4.6 Informed Public
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
Attachment 2, Page 13 of 30
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 5
COUNCIL WORK SESSIONS
5.1 Governing Rules
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.
5.1.1 Location. The Council shall meet at the same location as the regular Council
meeting, unless otherwise provided by notice.
5.1.2 Ate. 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.
5.1.3 Work Sessions. 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.
5.1.4 No Work Sessions on Fifth Monday. 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 schedule. 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.
5.1.5 Decisions at Work Sessions. Decisions made and actions taken at the work
session are informal and must be ratified at a subsequent regular meeting.
Attachment 2, Page 14 of 30
SECTION 6
COUNCIL EXECUTIVE SESSIONS
6.1 Conduct
All Executive Sessions of the Common Council shall be called and conducted in accordance
with Chapter 192, Oregon Revised Statutes.
6.2 Final Decisions/Actions
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.
6.3 Attendance
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. Mo,,,> ers ^f the r eai^ ^ pted frem the
. . 3 of this section subject to the City of Springfield's Executive Session News Media
A-to,,dl^-p-ce Policy.
6.4 News Media Attendance Policy
6.4.1 Exclusions to Attendance. Representatives of recognized news media may
attend executive sessions, other than those sessions during which the Council
conducts deliberations with persons designated to carry on labor negotiations, or
where the matter involves litigation, and the news media is a party to the litigation.
6.4.2 Recognized News Media Organizations. The following entities are recognized
as news media organizations eligible to attend executive sessions:
a. Daily newspapers, non -daily, and small -market newspapers/publications.
as well as those publications that are released as digital and multiplatform products:
or
b. A newspaper or publication that the City uses for publication of public
notices and that meets the requirements of ORS 193.020: or
c. An entity that is organized and operated to regularly and continuously
publish, broadcast, transmit via television, radio or the internet or otherwise
disseminate news to the public, and that regularly reports on activities of public
concern.
6.4.3 Attendance at Executive Sessions. Representatives of news media
organizations recognized pursuant to Section 6.4.2 shall be allowed to attend
executive sessions, except as described section 6.4.1 pursuant to the following
process:
Attachment 2, Page 15 of 30
a. The representative must provide substantial evidence persuading the City
that he or she is a news reporter for the recognized news media organization. In
making its determination whether to recognize the person as a representative of the
news media organization. the City may require:
(i) A press badge or identification issued by the recognized news
media organization, plus proof of identity (such as a driver's license); or
(ii) A recently published news article in the recognized news media
organization publication or broadcast, with the person's byline, or a
masthead showing the person's name as a member of the news gathering
staff of the news media organization, plus proof of identity: or
(iii) A letter on letterhead from an editor of the recognized news
media organization in which the editor states that the reporter is covering
the meeting for the news media organization, plus proof of identity: or
(iv) Any other credentials or evidence sufficient to demonstrate that
the individual is a representative of the news media.
6.4.4 Reauest Form. The Citv reauires that reauests to be recognized as a
representative of a news media organization be made in writing on a form provided
by the City. The form shall require disclosure of the person's name, and the entity
for which he or she is a representative and shall require submission of evidence
described in section 6.4.3 (a). The form shall also include a certification that the
person is a representative of a recognized news media organization, that the
information given is true, and that the person agrees to comply with ORS
192.660(41. The form will be made available on the Citv's webpaae and upon
request by any individual.
6.4.5 Providing Credentials in Advance. The Citv Council is prohibited from makin
final decisions on any matter in executive session. Therefore, representatives are
requested to provide the above evidence to persuade the City that they are a
representative of the recognized news media organization in advance of the
scheduled executive session. In the event that a person claiming to be a
representative of the news media fails to provide advance evidence of their
credentials, the representative should either be allowed to attend the executive
session, or the executive session shall be postponed until a later time.
6.4.6 Recording Devices Prohibited. Cameras, tape recorders and other recording
devices shall not be used in executive sessions, except for the official executive
session recordings made by City staff.
6.4.7 Application to Boards and Commissions. These policies and procedures shall
apply to the City Council and all of its boards and commissions.
Attachment 2, Page 16 of 30
SECTION 7
CONDUCT AT COUNCIL MEETINGS AND WORK SESSIONS
7.1 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 the City Manager or
designee shall be responsible for providing security at all meetings of the Council and is
responsible for enforcing the rules of conduct as directed by the presiding officer.
7.2 Order and Decorum
7.2.1 Responsibility for Order. Any of the following shall be sufficient cause for the
presiding officer to remove any person from a Council Meeting or City Hall, for the
duration of the meeting:
7.2.1.1 The use of unreasonably loud, disruptive or profane language.
7.2.1.2 The making of loud or disruptive noise.
7.2.1.3 The engaging in violent or distracting action.
7.2.1.4 The willful damage of furnishings or of the interior of the Council
Chamber or City Hall.
7.2.1.5 The refusal to obey any of the rules of conduct provided within this
Section, including the limitations on occupancy and seating capacity.
7.2.1.6 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.
7.2.1.7 Any conduct which obstructs the work or the conducting of business
of the Council.
7.2.2 Warning. Before any person is removed from the meeting for conduct
described in subparagraph 7.2.1, that person shall be given a warning by the
presiding officer to cease that conduct.
7.2.3 Clearing Council Chambers. 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 Chambers or City Hall be cleared.
7.3 Flags, Signs, Posters
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.
Attachment 2, Page 17 of 30
7.4 Picture Taking and Filming
The taking of photographs in the Council Chamber or City Hall shall be allowed except
when done in violation of Nos. 7.3 and 7.4 of this section.
7.5 Limitations on Public Debate
7.5.1 Time Limitation. 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.
7.5.2 Questions from Audience. All questions and discussions by members of the
audience shall be directed to the presiding officer.
7.5.3 Directed Discussion. Directed discussion between members of the audience
and Council members or city employees shall be permitted only at the discretion of
the presiding officer.
7.5.4 Request to Speak. Persons attending a Council meeting in person shall give a
completed "Request To Speak" card to the City Recorder. Persons attending a
Council meeting virtually shall notify the City Recorder that they wish to speak by
`raising their hand' on the meeting platform application.
7.5.5 Business from the Audience. 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 presiding officer.
7.5.6 Acknowledgement. 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.
7.5.7 Order of Testimony. For land use matters, the order of testimony shall be as
prescribed by law. For all other matters, the presiding officer will recognize those
attending the meeting in-person first and then those attending virtually who have
notified the City Recorder that they wish to speak. The presiding officer may also
recognize others in the audience.
Attachment 2, Page 18 of 30
7.6 Seating Capacity and Safety Requirements
7.6.1 Seating Capacity. The safe occupancy and seating capacity of the Council
Chambers 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.
7.6.2 No Obstructions. Aisles shall be kept clear at all times and persons shall not
obstruct the doorways.
7.7 News Media
7.7.1 Not Disruptive. 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.
7.7.2 Recording Equipment Usage. 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.
7.7.3 Video Tape Equipment Usage. 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.
7.7.4 Still Camera Usage. 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 8
MISCELLANEOUS CITY COUNCIL POLICIES AND PROCEDURES
8.1 Legal Opinions
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.
8.2 Staff Time
The Mayor and City Council member shall refrain from using staff time and incurring
unnecessary cost to the City.
Attachment 2, Page 19 of 30
8.3 Travel Expenses
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.
8.3.1 Reimbursement Request. 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 8.3.2.
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).
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.
8.3.2 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.
8.3.3 Accompanying Public Official. 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.
Attachment 2, Page 20 of 30
8.3.4 Expense Approval. The Mayor will review and approve expense claims
submitted by Council members. The Council President should review and approve
expenditures submitted by the Mayor.
8.3.5 Parking Pass. 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.
8.3.6 Office Supplies. The City should purchase office supplies for the Mayor and
City Council. Such purchases should, when practical, occur through the normal city
purchasing procedures.
8.3.7 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.
8.3.7.1 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.
8.3.7.2 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).
8.3.7.3 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
Attachment 2, Page 21 of 30
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.
8.4 Mayor and Council Members Speaking to Media or at Events
8.4.1 Interview or Press Conference. The Mayor and City Council members 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.
8.4.2 Speaking Engagement. 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.
8.5 Public Official Ethics, Public Records, and Public Meetings and Unlawful
Discrimination Laws
All members of the Common Council shall review and observe the requirements of state
laws regarding public official ethics, public records, public meetings and unlawful
discrimination against others because of race, color, religion, sex, sexual orientation,
gender identity, national, origin marital status, age, disability or other protected class
status as defined under Oregon law.
8.6 Letter of Support or Opposition
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:
8.6.1 Council Input. 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.
8.6.2 Agenda Review. 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.
Attachment 2, Page 22 of 30
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 by
each of the votes.
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.
8.6.3 Council Discussion f Response. 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.
8.6.4 No Position on Quasi -Judicial Land Use Decisions. The Council shall not take
any position on quasi-judicial land use matters which will be considered by the
Planning Commission or City Council.
8.7 Condolences
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 $100, or as may
be limited by the Oregon Government Ethics law, 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 $100, or as may be limited by the Oregon
Government Ethics law, to a non-profit organization with a 501(c) (3) designation.
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
Attachment 2, Page 23 of 30
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
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.
Attachment 2, Page 24 of 30
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 f 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.
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
Attachment 2, Page 25 of 30
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
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.
Attachment 2, Page 26 of 30
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.
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.
Attachment 2, Page 27 of 30
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
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.
Attachment 2, Page 28 of 30
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
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 29 of 30
SECTION 10
AMENDMENTS AND ADDITIONS TO OPERATING POLICIES AND PROCEDURES
10.1 Temporarily Suspended
10.1.1 Suspended by Vote. 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.
10.1.2 Amendments. These operating policies and procedures 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 affect an amendment or an addition to these
operating policies and procedures.
Adopted by the Common Council on
ATTEST:
City Recorder
Mayor
Attachment 2, Page 30 of 30
AGENDA ITEM
SUMMARY Meeting Date: 9/6/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Amy Sowa
Staff Phone No: 541.726.3700
Estimated Time: Consent Calendar
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE:
EXECUTIVE SESSION NEWS MEDIA ATTENDANCE POLICY
ACTION
Authorize the City Manager to sign the amended Executive Session News Media
REQUESTED:
Attendance Policy.
ISSUE
In 2011, the City of Springfield adopted an Executive Session News Media
STATEMENT:
Attendance Policy to address social media. An amendment is needed to update the
language in this policy.
ATTACHMENTS:
Attachment 1: Executive Session News Media Attendance Policy
DISCUSSION/
In 2011, the City of Springfield adopted an Executive Session News Media
FINANCIAL
Attendance Policy. This policy was drafted to address bloggers and other social
IMPACT:
media who may wish to attend an executive session. This policy was based upon
the model policy developed in 2009 by a task force consisting of representatives of
Open Oregon, Lake Oswego City Attorney (also representing the League of Oregon
Cities), Lake Oswego Mayor, Clackamas County Counsel, the Oregonian, the
Oregon Newspaper Publishers Association and the Oregon Association of
Broadcasters.
The Oregon Government Ethics Commission (OGEC) requested an opinion from
the Attorney General regarding media attending Executive Sessions. The attached
policy includes revisions made in accordance with the Oregon Attorney General
Opinion OP 8291 (April 18, 2016).
The amendments proposed more broadly define representatives of news media and
remove restrictions that exclude representatives of new media on impermissible
basis, including past lack of compliance with rules limiting reporting on executive
sessions and the requirement that a member of news media or publication report on
subject matter germane to the executive session. The City has not had any recent
issues with media reporting on executive sessions, or of unauthorized people
claiming to be media attending the meetings. These amendments ensure the City
remains in compliance with state law and the recent AG opinion.
Council is being asked to authorize the City Manager to sign the amended
Executive Session News Media Attendance Policy.
Attachment 3, Page 1 of 8
CITY OF SPRINGFIELD
EXECUTIVE SESSION NEWS MEDIA ATTENDANCE POLICY
WHEREAS Oregon public meetings law provides that representatives of the news media
shall be allowed to attend certain executive sessions of public bodies, but may be
required to not disclose specified information (ORS 192.660(4)); and
WHEREAS because at the time state law relating to media attendance at executive
sessions was adopted "news media" consisted of entities that were institutionalized and
structured to support compliance with the requirements of ORS 192.660(4), the law
includes no express mechanism for enforcing those requirements; and
WHEREAS technological advances since the time the public meetings law was initially
adopted have resulted in development of communication mechanisms allowing virtually
any individual or entity to disseminate information widely; and
WHEREAS the City of Springfield finds that in that absence of a statutory definition of
"news media" as that term is used in ORS 192.660(4) it is necessary to adopt a policy
that implements the intent of the public meetings law relating to executive session
attendance without precluding attendance by Internet -based or other "non-traditional"
information disseminators that are institutionalized and committed to compliance with
ORS 192.660(4); and
WHEREAS the City of Springfield recognizes that this policy is solely for the purpose of
determining eligibility to attend executive sessions, which requires non -disclosure of
specified information from executive sessions, and is not intended to otherwise define
"news media" or to determine eligibility to report on Springfield activities or to limit
access to other Springfield meetings by any person;
The City of Springfield hereby adopts the following policy:
1. Currently Recognized News Media Organizations. The following entities are
hereby recognized as news media organizations eligible to attend executive
sessions because they are recognized as institutions formally organized for the
purpose of gathering and disseminating news
Print•
Cottage Grove Cottage Grove Sentinel
Creswell Creswell Chronicle
Drain Drain Enterprise
Eugene Daily Emerald (UofO)
Eugene Ethos Magazine (UofO)
Attachment 1, Page 1 of 7
Attachment 3, Page 2 of 8
Eugene Oregon Commentator (UofO)
Eugene Oregon Insurrgent (UofO)
Eugene Register Guard
Eugene Eugene Weekly
Eugene Money Saver
Eugene West Lane News
Eugene The Torch (LCC)
McKenzie Bridge McKenzie River Reflections
Oakridge Dead Mountain Echo
Portland Associated Press
Portland Oregon Cycling
Portland The Oregonian
Portland Portland Mercury (503-294-0840)
Portland Willamette Week (503-242-2122)
Salem Northwest Senior News
Springfield Springfield Times
Other Print Publications:
Albany Democrat -Herald
Ashland Ashland Daily Tidings
Astoria The Daily Astorian
Baker City Baker City Herald
Beaverton Beaverton Valley Times
Bend Bend Weekly
Bend Cascade Business News
Bend The Bulletin
Bend the Source
Brookings Curry Coastal Pilot
Burns Burns Times Herald
Canby Canby Herald
Cannon Beach Cannon Beach Gazette
Clatskanie Clatskanie Chief
Coos Bay The World
Corvallis Corvallis Gazette Times
Cottage Grove Cottage Grove Sentinel
Dallas Polk County Itemizer -Observer
Enterprise Wallowa County Chieftain
Gold Beach Curry County Reporter
Grants Pass Daily Courier
Gresham The Outlook
Attachment 1, Page 2 of 7
Attachment 3, Page 3 of 8
Hermiston Hermiston Herald
Hillsboro Hillsboro Argus
Hood River Hood River News
John Day Blue Mountain Eagle
Keizer Keizertimes
Klamath Falls Herald and News
La Grande La Grande Observer
Lake Oswego West Linn Tidings
Lakeview Lake County Examiner
Lebanon Lebanon Express
Lincoln City The News Guard
Madras Madras Pioneer
Manzanita North Coast Citizen
McMinnville News -Register
Medford Mail Tribune
Molalla Molalla Pioneer
Newberg The Newberg Graphic
Newport News Times
Ontario Argus Observer
Pendleton East Oregonian
Portland Business Journal of Portland
Portland Jewish Review
Portland Mid -County Memo
Portland Oregon Capitol News
Portland Oregon Herald
Portland Portland Observer
Portland Portland Tribune
Portland The Asian Reporter
Portland The Skanner
Prineville Central Oregonian
Rogue River Rogue River Press
Roseburg The News -Review
Saint Helens St. Helens Chronicle
Salem Capital Press Agriculture Weekly
Salem Salem News
Salem Salemmonthly.com
Salem Statesman Journal
Sandy The Sandy Post
Scappoose South County Spotlight
Seaside Seaside Signal
Silverton The Appeal Tribune
Sisters Nugget Newspaper
Stayton Stayton Mail
Sweet Home The New Era
The Dalles Dalles Chronicle
Tillamook Headlight -Herald
Toledo Yaquina Wavelength
Wilsonville Wilsonville Spokesman
Attachment 1, Page 3 of 7
Attachment 3, Page 4 of 8
Woodburn Woodburn Independent
Radio:
KUGN AM 590
KPNW
KORE
KAGI AM 930
KDUK
KRVM
KEX AM 1190
KODZ
KWVA
KOPB
KFLY
KEUG
KXL AM 750
KHPE
KLCC
KUGN
KKNU
KMGE
KZEL
KKNX
KQFE
ffiliates stations of CBS, NBC
and -ABC, and NPR also welee
Television:
KVAL 13 and all CBS affiliates
KMTR 16 NBC 16 and all NBC affiliates
KEZI 9 and all ABC affiliates
KLSR and all Fox affiliates
KEVU
South Lane TV
No other entity shall be permitted to attend an executive session unless it is recognized
through the process described in Section 2 below.
2. Recognition of Other News Media Organizations.
a. The following entities are recognized as news media organizations eligible
to attend executive sessions:
(1) A general or associate member newspaper of the Oregon
Newspaper Publishers Association, a broadcast member of the Oregon
Association of Broadcasters or a member of the Associated Press; or
(2) A newspaper that Springfield uses for publication of public notices
and that meets the requirements of ORS 193.020; or
(3) An entity recognized by Springfield as being a news source that:
A. is formally organized and operated to regularly and
continuously publish, broadcast, transmit via the Internet or
otherwise disseminate news to the public, and that Fegularl}t
the nature under eensiddeFatien by the Gity ef Springfield;
additional considerations include frequency of publication,
Attachment 1, Page 4 of 7
Attachment 3, Page 5 of 8
quantity of articles published per week, permanency of web
address and number of visitors to news media's website.
B. is determined by the City of Springfield to be a business
entity that is institutionalized' and that is committed to, and
is structured to support, the terms of ORS 192.660(4).2 In
making this determination, the City of Springfield may
consider and weigh any factors that it deems to be relevant,
including, witheut lingitatiensIbut not limited to, the existence
of any of the following factors:
thie�-The entity has multiple personnel with defined
roles within its organizational structure;
th,--The names of news -reporting personnel, and
responsible entity management personnel, together
with addresses and contact telephone numbers, are
readily available;
iii. The entity has an available process for correcting
errors, including violations of executive session
statutes, by a person with authority to take corrective
measures.
b. It shall be the entity's burden to persuade the City of Springfield by
substantial evidence that it should be recognized as a news media
organization meeting the criteria in Section 2(a) of this policy. Such
evidence must be submitted 30 days in advance of the first executive
session that the entity desires to attend. The City of Springfield shall
make a determination within 15 days of receiving the evidence submitted
by the entity. The City of Springfield will
allow expedited consideration or same-day recognition in cases where the
City of Springfield, in its sole discretion, determines that it can
immediately recognize that an entity qualifies under this policy or in cases
where the public body, in its sole discretion, determines that other good
cause exists for making an expedited determination. A determination that
1 For the purposes of this policy, "institutionalized" media means leng established OF well established an
established media organization or corporation, organized for the purpose of gathering and disseminating
news.
2 ORS 192.660(4). Representatives of the news media shall be allowed to attend executive sessions
other than those held under subsection (2)(d) of this section relating to labor negotiations or executive
session held pursuant to ORS 332.061(2) but the governing body may require that specified information
be undisclosed.
Attachment 1, Page 5 of 7
Attachment 3, Page 6 of 8
the entity is not recognized shall be based upon written findings
addressing the criteria in Section 2(a).
3. Attendance at Executive Sessions. Representatives of news media organizations
recognized pursuant to Sections 1 and 2 of this policy shall be allowed to attend
executive sessions, except as described in ORS 192.660(4) and 192.660(5),
pursuant to the following process:
a. The representative must provide substantial evidence persuading
the City of Springfield, that he or she is a
there presentative of a recognized news media organization. In making its
determination whether to recognize the person as a representative of a
recognized news media organization (as set forth in Section 2), the City of
Springfield shall require proof of identity (such as a driver's license) and:
(1) A press badge or identification issued by the
recognized news media organization, plus preef of identity (such as
a driver's ; or
(2) A recently published news article in the recognized
news media organization publication or broadcast, with the
person's byline, or a masthead showing the person's name as a
member of the news gathering staff of the news media
organization, ; er
(3) A letter on the news media organization's letterhead,-
written
etterheadwritten by fFeng an editor of the recognized news media
organization, who may be the same person as the reporter if that
person is also an editor of the news media organization, in which
the editor states that the reporter is covering the meeting for the
news media organization, plus proof of ores a bleggej�,
(4) Any other evidence that conclusively establishes that
a person is acting in a representative capacity on behalf of a
recognized news media organization, including as an employee,
contractor, or agent of the news media organization.
b. Representatives of the news media are not permitted to attend
executive sessions involving deliberations with persons designated to carry
on labor negotiations. ORS 192.660(4). If the executive session is being
held for the purpose of conferring with counsel about current litigation or
litigation likely to be filed, the City of Springfield shall exclude any member
of the news media from attending if the member is a party to the litigation
Attachment 1, Page 6 of 7
Attachment 3, Page 7 of 8
to be discussed or is an employee, agent, or contractor of a news media
organization that is a party to the litigation. ORS 192.660(5).
C. The City of Springfield may require that a request to attend an
executive session be made in writing on a form provided by the City of
Springfield (see attached). The form shall require disclosure of the
person's name, and the entity for which he or she is a news reporter, and
shall require submission of evidence described in Subsections 3(a)(1), (2)
or (3) of this policy. The form shall also include a signature line whereby
the person certifies that they are gathering news for a recognized news
media organization, that the information given is true and that they agree
to comply with ORS 192.660(4).
d. The City of Springfield may consider any relevant evidence
provided or gathered in making its decision as to whether a person shall
be recognized as a representative of a recognized news media
organization.
4. Recording Devices Prohibited. Cameras, tape recorders and other recording
devices shall not be used in executive sessions, except for the official executive
session tapes made by City of Springfield staff.
65. Application to Boards and Commissioners. These policies and procedures shall
apply to the City of Springfield and all of its boards and commissions.
MODEL POLICY
This policy is based upon the model policy developed in 2009 by a task force consisting
of representatives of Open Oregon, Lake Oswego City Attorney (also representing the
League of Oregon Cities), Lake Oswego Mayor, Clackamas County Counsel, the
Oregonian, the Oregon Newspaper Publishers Association and the Oregon Association of
Broadcasters. These 2016 revisions are made in accordance with the Oregon Attorney
General Opinion OP 8291 (April 18, 2016).
N:\City\CITYMANA\Media Policy.Docx
Gino Grimaldi, City Manager
Attachment 1, Page 7 of 7
Attachment 3, Page 8 of 8