HomeMy WebLinkAbout2024 02 21 Annual Legal Training
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AGENDA ITEM SUMMARY Meeting Date: 9/20/2022
Meeting Type: Work Session
Staff Contact/Dept.: Kristina Kraaz, CAO
Sandy Belson, DPW
Sarah Weaver, DPW
Staff Phone No: 541-744-4062
541-736-7135
541-726-3653
Estimated Time: 45 minutes
S P R I N G F I E L D
PLANNING COMMISSION
Council Goals: Mandate
ITEM TITLE: Annual Legal Training and Overview of New Technology
ACTION
REQUESTED:
Review audio-visual equipment use in the City Council Chambers. Receive legal
training on topics relevant to the Planning Commission. Receive orientation to
Zoom Webinar.
ISSUE
STATEMENT:
The City Attorney’s Office provides annual legal training to the Planning
Commission. Training topics for 2024 were selected for relevance to recent events
and to capture changes in state law. The Planning Commission has not yet met in
the remodeled Council Chambers, so will learn about the new audio-visual features.
Also, the Planning Commission will switch to using Zoom Webinar as it offers
more security features for public participation in meetings.
ATTACHMENTS: Attachment 1 – Council Chambers: Sound System
Attachment 2 - Presentation Slides for Legal Training
Attachment 3 - Zoom Webinar
DISCUSSION:
The legal training will cover the following topics:
• Overview of the Planning Commission’s roles and responsibilities
• Recent changes to Public Meetings Law
• Restrictions and policies on speaking for the City, social media use
• Responding to disruptions in meetings – First Amendment
considerations
Following the training, the Assistant City Attorney will be available to answer
questions from the Commission related to training topics.
Council Chambers: Sound System
• Each seat in Council Chambers for the Commissioners, City Staff, and the
podium have their own microphone.
• There is an On/Off bar on all of the microphones (see A below). One can
turn the microphone on and off by pressing down on the On/Off bar. A
Green icon means it is on / A Red icon means it is off.
• When a microphone is “on”, the light near the top of the microphone is
green (see B).
• When a microphone is “off”, the light near the top of the microphone is red
(see C below).
• The sound system works best when only two microphones are “on” at any
time, but more than two are able to be “on” at the same time. When three
or more microphones are “on” at that same time, the sound can be
distorted – or possibly even echo.
• When the Chair is running the meeting he/ she can have their microphone
“on”, but if someone is presenting, he/she might want to turn it “off”.
• We recommend that the Commissioners turn their microphones “on” when
talking, asking questions, or voting, but turn it “off” once they are done
speaking.
• When presenters are talking, they should turn their microphones “on” and
“off” once they have finished speaking.
• The Chair, City Assistant Attorney, and the Planning Commission Assistant
have a central control to shut down ALL microphones in case of a
disturbance. One can see it on the On/Off bar on the right-hand side as a
white icon (see D below).
• When the control bar has turned of all microphones, the white right-hand
icon will not change colors, but all microphones will turn red.
See pictures of the microphones and their features on the next page.
Attachment 1, Page 1 of 2
Council Chambers: Sound System
A) Commissioner/ Podium On/Off bar B) General Microphone full view – “On”
C) General Microphone full view “Off” D) Chair / Full control On/Off bar – white icon
Attachment 1, Page 2 of 2
2/9/2024
1
Springfield Planning
Annual Legal Training
FEBRUARY 21, 2024
PURPOSE OF THIS TRAINING
1. Understand the roles and responsibilities of the Springfield
Planning Commission
2. Review City policies related to speaking on behalf of the
City, social media use
3. Review other City policies applicable to Planning
Commissioners
4. Understand Constitutional protections for public meeting
participation and effective control of public meetings
Legal Training
2024
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2
Attachment 2, Page 1 of 7
2/9/2024
2
Planning Commission Structure
SMC 2.40 to
2.424
•7 members
•No more than two in the same kind of business
or profession
•Four-year terms
•Per Council Operating Policies – 2-term limit, unless
overridden by Council vote
•Meeting Schedule
•At least once per month, as designated by PC.
•Special meetings as determined by the Commission
Planning Commission Roles & Responsibilities
SMC 2.40 to 2.424
•Recommendations to Council on Legislative
planning decisions:
•Adoption of land use plans and regulations
•Springfield Comprehensive Plan, Metropolitan Area
General Plan, refinement plans, functional plans
•Springfield Development Code
•Quasi-Judicial review of development permits
•Site-specific development applications that require Type 3 or 4 review
•Appeals of City staff planning decisions
•Inside City limits
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4
Attachment 2, Page 2 of 7
2/9/2024
3
Committee for Citizen Involvement
Goal 1 Citizen Involvement Program
Charge: “Review and approve citizen involvement strategies for compliance with the required components of the Citizen Involvement Program for land use planning issues”
Three focus areas:
1)For comprehensive plans and related plans, provide opportunities to:
•Participate in development of technical information and the plan itself
•Review and recommend changes to proposed plans prior to and during hearings
•Learn why policy choices were made
2)For land use regulations implementing adopted plans, provide opportunities to participation in the preparation and adoption of regulations or programs
3)For land use decisions, provide informative and timely notices, the opportunity to be heard, the opportunity to know the decision reached, and the basis for the decision.
Committee for Citizen Involvement
Goal 1 Citizen Involvement Program
Specific CCI Tasks:
1.Review neighborhood association formation and make recommendations to the City Council
2.Select and appoint members to planning advisory committees and approve bylaws (when not appointed directly by the City Council)
3.Review, analyze, and evaluate existing land use citizen involvement programs
4.Initiate review of the citizen involvement program once per year
5.Present annual reports to the City Council and DLCD of CCI’s review of the citizen involvement program, including recommendations for revising the program
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Attachment 2, Page 3 of 7
2/9/2024
4
Oregon Public
Meetings Law Overview
•State Law Requirements:
•Quorum cannot “meet” outside a noticed public meeting
•A “meeting” is deliberation or discussion of Planning Commission business by a quorum of the commission
•Includes email, phone, or texting
•Includes “serial meetings” in statute
•Rights of the Public:
•Entitled to attend all meetings (virtually and physically, post-COVID)
•Participate during designated times (not all meetings/items)
•Meetings to be accessible to persons with disabilities under the ADA
Oregon Public Meetings Law 2023 Updates
•Serial meetings now in the state law
•Convene: gathering in a physical place, virtual
meetings, serial emails/texts, or using third-
party intermediary
•Clarified what is not a public meeting:
•Purely factual, no deliberation or decision
•Not a matter that might reasonably come before the
body
•Non-substantive like scheduling, leaves of absence, etc.
•Enforcement by Oregon
Government Ethics Commission
•Training required by OGEC, once per term
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Attachment 2, Page 4 of 7
2/9/2024
5
Statement of Economic
Interest
Planning Commissioners
must file annual verified
statement of economic
interest.
Due annually on April 15.
Speaking for the City andSocial Media
Use
•Political Activities
•Cannot campaign for/against a candidate or
measure in role as Planning Commissioner
•Cannot Speak for City Council
•Social Media Use:
•No accounts using City email address
•Use disclaimer for City-related topics:My opinions are my own and not necessarily the views of
the City of Springfield
•Be truthful and respectful, no personal attacks
•No sharing confidential or privileged information
•Be aware of quasi-judicial hearing rules (bias, ex parte)
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10
Attachment 2, Page 5 of 7
2/9/2024
6
Other City Policies
•No Harassment & Discrimination
•Reports to City HR Director, City Manager, or other management staff
•If comfortable, tell harasser to stop
•Non-retaliationis enforced
•Reporting Improper & Unlawful Conduct
•Acceptable Use of City Network Services
and Computing Devices
First Amendment and Meeting Disruptions
•Public has a right to speak when a forum
(hearing) is opened
•Removal only for an “actual disruption”
•Give a warning
•If warning ignored, remove from meeting
•Cannot prohibit attendance at future
meetings
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Attachment 2, Page 6 of 7
2/9/2024
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First Amendment
and Meeting Disruptions
What is an “Actual Disruption”?
•Unreasonably loud, disruptive, or profane
language
•Loud/disruptive noises
•Violent, destructive, or distracting
behavior
•Intentionally damaging City property
•Refusing to obey procedural rules
•Any other obstruction to the meeting
Questions?
Resources
•Oregon Government Ethics Commission Guide to Public Official Ethics (2021 Edition)
•https://www.oregon.gov/ogec/Documents/2021%20PO%20Guide%20Final%20Adopted.pdf
•Oregon Attorney General’s Public Meetings and Public Records Manual•https://www.doj.state.or.us/oregon-department-of-justice/public-records/attorney-generals-public-records-and-meetings-manual/
•Oregon Department of Land Conservation and Development “Oregon Planning” page
•https://www.oregon.gov/lcd/OP/Pages/index.aspx
•Oregon Chapter American Planning Association “Planning Commissioner Resources” page
•https://oregon.planning.org/knowledge/planningcommissioner/
•City of Springfield City Council Operating Policies and Procedures•http://laserfiche.springfield-or.gov/weblink/Browse.aspx?startid=28270
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Attachment 2, Page 7 of 7
Planning Commission: ZOOM WEBINAR
The Planning Commission is going to start using Zoom Webinar after the February meeting. If
you have attended Springfield City Council meeting virtually, you will already have some
experience with this software. The main difference between Zoom Meeting and Zoom Webinar
is that Zoom Webinar creates two tiers of participants: panelists and attendees. In a Zoom
Meeting, participants are generally all able to be seen, to speak, and to share content. In Zoom
Webinar, only the panelists are able to be seen and heard and share content while the
attendees can only listen and view.
ZOOM WEBINAR – Registering and Joining a Webinar as a Panelist
1) JOIN WEBINAR DIRECTLY AS A PANELIST
1) You will receive an email invitation to join as a panelist. This invite will allow you
to join the meeting as a panelist without having to preregister. Each invitation is
specific to the Commissioner’s city email.
If you join the meeting by clicking on the general public link such as that found in
Springfield Oregon Speaks, you will need to register and you will join the Webinar
as an attendee (see next section). Staff will then move you to become a panelist.
Please click on “Join as Panelist”.
Attachment 3, Page 1 of 4
Planning Commission: ZOOM WEBINAR
2) JOIN WITH VIDEO
2) Video Settings: You will then have the option to join with or without video.
Please join with video unless you are in-person at City Hall. You can always turn it
off on your own computer/ iPad.
3) JOIN WITH AUDIO
3) Audio Settings: You will have the option to join using your computer audio.
Please do so unless you are in-person at City Hall.
Attachment 3, Page 2 of 4
Planning Commission: ZOOM WEBINAR
ZOOM WEBINAR – Registering and Joining a Webinar as an Attendee
1) Each participant can join the Webinar by using the link in the agenda on
Springfield Oregon Speaks.
The dial-in telephone numbers are always the same. The meeting ID and the
Webinar Link will be new each meeting. (The link used for Zoom meeting did not
change, but it will change it time for Zoom Webinar.)
1) INVITATION TO WEBINAR
“Hi Everyone,
You are invited to a Zoom webinar.
When: Feb 9, 2024 02:00 PM Pacific Time (US and Canada)
Topic: TEST
Register in advance for this webinar:
https://us06web.zoom.us/webinar/register/WN_gp7hHLGVS6iK1YnajEnEkg
After registering, you will receive a confirmation email containing information about joining the
webinar.”
2) REGISTRATION TO WEBINAR
Once you click on the Webinar Link, it will take you to the registration page. This
should automatically populate your name and email address.
Attachment 3, Page 3 of 4
Planning Commission: ZOOM WEBINAR
3) AUDIO SETTINGS
Once you have submitted the registration, a screen may appear with the audio
settings. You can make any adjustments or just X out of this window.
4) PROMOTED TO A PANELIST
5) The Host will send you an invitation to promote you to panelist. Please accept.
As a panelist you may speak and present during the Webinar.
Attachment 3, Page 4 of 4