HomeMy WebLinkAbout3100 Amending AMC 2 Council Commission Rules
ORDINANCE NO.D(~
AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY
COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR
ADVISORY COMMISSIONS AND BOARDS, RECREATION
COMMISSION; CONSERVATION COMMISSION; AND CERTAIN
ADMINISTRATIVE AND OPERATING DEPARTMENTS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throu and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, revisions to some of the Council meeting procedures currently in effect can reduce
procedural uncertainties and facilitate efficient conduct of Council meetings;
WHEREAS, permitting certain types of decisions to be made at Council Study Sessions will
make Study Sessions more productive;
WHEREAS, various members of City Council and of City boards and commissions have
requested clarifications of the Uniform Policies and Operating Procedures for Advisory boards
and commissions;
WHEREAS, the staff liaison to the Conservation Commission is no longer the Electric Utility
Director; and
WHEREAS, the existing City code provisions concerning the functions of certain administrative
and operating departments need to be updated to reflect current practices.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended as follows:
Section 2.04.010 Authority.
A. Oregon Revised Statutes, Tthe Munieipal Ghai*eF of the City Ashland City Charter,
Ftiele N7111 Seetion-3; and the Ashland Municipal Code as well as the Oregon Revised
Statutes governs many the meeting requirements and actions of the Council.
Ordinance No. Page 1 of 29
B. These operating policies and procedures are established and adopted under the authority
granted in the Ashland City Charter, Article VIII, Section 3.
C. Robert's Rules of Order Newly Revised shall be the authority for deciding any
questions on meeting requirements and actions not covered by the rules in AMC 2.04 or
Oregon Revised Statutes.
D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order Newly
Revised shall not be cause to void or otherwise disturb a decision or action of the Council.
E. Charter provisions may be suspended or repealed only by a vote of the people. The
rules on meeting procedures in Robert's Rules of Order Newly Revised and in the Ashland
Municipal Code provisions listed below may be suspended temporarily upon a motion that
is seconded and passed by a two-thirds vote in favor. Such a motion is not debatable or
amendable.
1. AMC 2.04.020A (Regular Meeting days and times)
2. AMC 2.04.020C (Study Session days, times, and content)
3. AMC 2.04.040B (Attendance by electronic communication)
4. AMC 2.04.040C.4 (Parliamentary procedure)
5. AMC 2.04.050D.1 (Placement of Public Forum in agenda)
6. AMC 2.04.050D.4 (Rules on requests to speak at Public Forum)
7. AMC 2.04.050F.3 (Rules on requests to speak at Public Hearings)
8. AMC 2.04.050G.1 (Opportunity for public comment on agenda items)
9. AMC 2.04.050J.1 (Submittal of ordinances 14 days in advance of meeting)
F. The City Attorney is designated as parliamentarian for the Council. Council members'
requests for information and on meeting requirements or possible Council actions may be
referred to the City Attorney through the presiding officer for interpretation. After taking
into account any opinion of the City Attorney, the presiding officer must rule on questions
about meeting requirements or possible Council actions. A ruling of the presiding officer
may be challenged by a point of order as set forth in AMC 2.04.040C4.b.(1).
Section 2.04.020 Meetings.
A. Regular Meetings.
The regular sessions of the Council are on the first and third Tuesday of each month unless
otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30
p.m.
B. Special Meetings.
A Special Meeting may be called either by the Mayor or two members of the Council.
Notice of the time and place of such Special Meeting and the subjects to be acted upon shall
be delivered to all members of the Council at least 36 72 hours in advance of the time of the
meeting, except in the case of an emergency, and the Council may consider and act only
upon such matters as contained in the notice.
Ordinance No. Page 2 of 29
C. Study Sessions.
The Mayor- or- twe members of the Couneil may eall a study session at any time with 36
hour- notiee for- the purpose of informing members of the Couneil as to City aff-ki
Study sessions are held so that C-ouneil ean eonfer- with staff and other- exper-ts on items
deliberate + d deeision but ean give staff di etio to Fepar-e materials for- a-
r-egulaF
1. Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask
questions, discuss options, express their individual views on matters that may be voted
on in subsequent Regular or Special Meetings; and to provide guidance to staff. The
Council may vote in Study Sessions on guidance to staff concerning matters to be
presented to Council for decision at subsequent meetings. By consensus, the Council
also may direct staff to take action on other matters that do not require Council
decision by ordinance or resolution. No particular cases involving quasi-judicial
decisions may be discussed at Study Sessions.
2. Each study session shall include up to a total of 15 minutes for public forum, in
which persons may speak about any topic on the agenda for that study session. Persons
wishing to speak during public forum are to submit a "speaker request form" to the
City Recorder.
3. Study sessions shall begin at 5:30 p.m. on the day before each Regular meeting
unless otherwise arranged, but shall not be held on national holidays. The Mayor or
two Councilors may call a Study Session at any time with 72-hours advance notice.
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to
192.690). These purposes include, but are not limited to, the employment and dismissal of
public employees, the performance evaluation of the City Administrator and City Attorney,
labor negotiations, real property transaction negotiations, and consulting with legal counsel
on pending or threatened litigation. if any Goun-e-ilow-s- feel do not feel that an item should
b .,tive session they should state s in then „tive s » At any time during
an executive session, a Councilor who feels a matter under consideration should be
addressed exclusively in open session may state a point of order, which shall be ruled
upon in the executive session as set forth in AMC 2.04.040C.4.b.(1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
Executive Sessions.
Ordinance No. Page 3 of 29
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. if games
not so speeik, tThe proceedings may be reported if no such statement is made.
E. Emergency Meetings.
The City Administrator is responsible for implementation of the Emergency
Management Plan. When the City Administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the Mayor to
call an emergency meeting of the Council in order to ratify the declaration of
emergency. The emergency meeting of the Council will occur as soon as possible after
the declaration of emergency. A quorum of the Council may not be possible due to
emergency circumstances and is not required for this emergency meeting.
Notwithstanding the advance notice requirements in Section 2.04.020B, D and F, notice
of the emergency meeting can be made in the most expedient manner determined by the
Mayor and need not be 72 hours in advance, but notice of the emergency Special
Meeting must be given at least 24-hour in advance if feasible. In any case, minutes of
any emergency meeting must meet the requirements of ORS 192.640(3) and 192.650.
RF. Notice of Meetings.
Advance notice of at least 3672 hours shall be provided for all meetings, except for
emergency meetings. Notice shall be sent to a newspaper with general local circulation and
posted prominently on the City's Web site website. In the case of an emergency or when a
state of emergency has been declared, public notice appropriate to the circumstances shall be
provided and reasons justifying the lack of M72-hour notice shall be included in the minutes
of such meeting.
F. Quorum.
As pr-ovided in Article Vill, Section 4 of the City Charter-, the Mayor and not less th--
wee CounefleFs, four- Councilors, eenst+tut or- resolution. On questions requiring e two thi -ds vote of the Couneil, as „ded in thee
City CZhar-t , there shall be r ..ea a effiFni tiye g ote of at least f aa" f ouneilor-s to
by Section A of A ..t'e} A1111 of the City hartei, the e;lor-
s-~-f Zirci - C v''ir'iicrrv-rs r- ir ~ as-ccuttendance may
casscrcc-zizs~T
`l' t the Chief of Police to notify the absent member- f g.t " ose known to be
detained, unavoidably with business. Should any then fail soon to appeaF, the membeFS pFesent shall adjourn
to " date fixed by them and all agenda items will be a ntinued to the n xt Re gul ft
Meeting
T' mer- gene., Aleeting Proeedur-es and Quorum
The City Administrator- is responsible for implementation of the Emer-geney
Management Plan. When the City Administrator- deter-mines that a state of emer-geney
exists, the administrator- will make a deelaration to that effeet and request the Mayor to
e.all al meeting of the Co ..;1 gale to ratif , the deela ..t;vi va f ne
r daaaa~a gea.aaa.y.
Ordinance No. Page 4 of 29
The speeial meeting of the Couneil will oeeur- as soon as possible after- the deelaration o
emer-geney. A quorum of the Couned may not be possible due to emergeney
mstanees and is not required for- the speeial meeting. Notiee of the speeial meeting
eon be made in the most a pedient ner d^temin^d by the Alayo.. and need not be
sessions, 36 hours in advanee.
14. Robert' s Rules of Or-der,
Robert' s Rules of OFder- shall be the authority for- the government of the Couneil
when not in eonfliet with the City Charter- and these eode rules.
during its
Ito str-iett ert-mules of Order- shall not be eause to void
in US PFeeeedings.
1. Voting
When a question or- motion is put to a vote by the ebRiF, eneh member- present shall vote
fo -or- against the motion unless the-Eeuneit-exeuses that member- from so doing. if
theFearteFth Mayor- en any member e€tlls fOF a F011 eat vote, then „ eh ri.l.eF M ,St
vote.
vote. The Mayor- ean onty vote in the ease of a tie, and th A to A t' t id vote eon be made only onee and at the session at which the
motion matter-adopted7 or- at the °t .ln meeting of the Coune;l7 _ provided
that no vote to meonsider- shall be made after- the 7 resolution, or- net has been
ff eially r rand7 riled transmitted n ^themise gone out or the possession of the
Eenneil.
K. Couneil Deliberation.
it is the duty of the Mayff OF pr-esiding offleer- to ensure that eaeh Couneil member- has
the-opportunity to speak-. Conneito-should - ask the Mayes-to be-i eeegnized. No
member shall speak more than onee until every member- ehoosing to speak shall hawe
..ken ^ waived their- r ght to do s No member- shall speak tWiee on a motion on th..
Couneil M-embers speak only for- themsetves and shall be open,
,:.-lrto keep- diseus ' and eall for- a "prop-ess eheel-" if the dice ssion
beeomes bogged down. Time limits may be set on topies by the A40yor-, by the pr-esiding
L. City Attorney as Parliament i
The City Attffney is designated as paFfiamentar-ion for- the Counn;l. Questions ^f
parliamentary FUIeS may be referred to the City Attorney through the pr-esiding offlee
fOF interpretation. The final r„1;,..' "^°t° with the p sidin ^r+"'"'•.
Ordinance No. Page 5 of 29
Section 2.04.030 Agendas.
The City Administrator is responsible for the preparation of the Council agenda.
A. Agenda Guidelines for Regular Meetings. Topics will be added to a Council agenda based
on timeliness of the topic and with consideration of the number of items already scheduled
for the Council. Matters to be considered by the Council shall be placed on an agenda to be
prepared by the City Administrator from the following:
1. All items considered by the Council during Study Sessions, which require a subsequent
offleial aetion from the Council vote.
2. All items which are required by law or policy to be presented to the Council.
3. All other items that the City Administrator, City Attorney or Mayor present to the
Council for action or information.
4. Items placed on the agenda in accordance with paragraphs B and C of this Section.
5. Requests of City Boards, Commissions, and Committees.
B. Agenda Additions by Councilors.
1. Apy Councilor may n quest that place an item prior- to initial C,,, nei diseussion
plaeed on the Council's agenda diet does not i elve st.,ff pehe y ° r-o or- drafting of an
or-din mee provided-that preparing the matter for Council consideration would not
require more than two hours of staff time, including policy research and document
drafting. The Councilor shall notify the City Administrator of such an addition to the
agenda no later than noon of the Wednesday prior to the Council meeting. The City
Administrator shall determine the order of business of the item. The City Administrator may
request that the matter be deferred until a later meeting if the agenda of a particular meeting
is already lengthy. Council members will endeavor to have subjects and any materials they
wish considered submitted prior to finalization of the Council packet.
Q 2. A Councilor who desir-es major- ° r-e and discussion ^r araffi^rt of an ^ra;^°re°
wants to add to the Council's agenda an item requiring more than two hours of
preparation by staff, including policy research and document drafting, should first raise
the issue propose the addition at a Regular Meeting under Other Business from Council
members or at a Study Session. pr-ioF tome-re. th-A o.ve ho rs of any staff t;.,,° being s °"t
An iq
The Couneiler- may also request th-at the diseussion of this item be foFmally
plaeed-an-he agenda eEO ee with „ p B of this Seet=on. The Council should
consider items such additions to the Council agenda in light of City priorities, including
adopted City Council Goals, and workload. The Council must agree to proceed with an issue
or ordinance before staff time is spent preparing the matter for Council "action. The
Councilor may present information or a position paper or ask for a department report or
committee recommendation. Councilors who agree that staff time can be spent on a
particular item are not bound to support the issue when it comes before the Council for a
vote.
Ordinance No. Page 6 of 29
DC. During a meeting. Any topic may be added to an the agenda by a majority vote of the
Councilors present. Generally these items should be limited to items of timeliness or
emergencies. Advance notice of executive sessions, however, must be given as required
by State law.
ED. Postponing Agenda Items Before Consideration.
1. If a Councilor will be absent from an upcoming Regular Meeting, the Councilor may
request during a Regular Meeting that consideration of an agenda item be postponed to a
future Regular Meeting. The request will be honored if the majority of the Council votes
in favor of postponement and the matter is not time-sensitive.
2. If the request to postpone is made outside a regular Council meeting the Councilor
requesting the postponement shall submit a request to the Mayor or City Administrator in
writing or by email as early as possible. The request to postpone will be honored unless
the majority of the Council at the public meeting votes not to postpone the item or if the
matter is time-sensitive.
3. If time expires before the City Council can consider an item on the agenda including an
advertised item, the unaddressed item shall automatically be continued to the next
Yegular-ly seheduled meeting of the Couneil scheduled Regular Meeting or Study
Session; re-advertisement shall not be required for such continued items. A note shall be
placed on the Agenda referencing this continuance rule: "Items on the Agenda not
considered due to time constraints are automatically continued to the next
sehedule Counei m°scheduled Regular Meeting or Study Session of the
Council. AMC 20.40.030.E."
FE. Council Packets.
Written materials, from Councilors, staff and citizens, which are related to agenda items to be
included in the Council packet, must be submitted to the City Administrator' s office no later
than 12:00 noon six days in advance of the Council meeting for which it is intended.
Materials submitted must include author's name and address.
GF. Study Session Agenda Preparation.
The City Administrator prepares the agenda for the Study Sessions from:
1. Items requested by the Mayor and members of the Council to be listed on the agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the Council pertaining to committee reports and other business.
4. Items requested by City Commissions, Committees or Boards.
G. Time Limits.
Items appearing on the Council Study Session agenda shall be assigned a time limit and the
Mayor shall hold discussion to within the time frame, unless the consensus of the Council is
to extend the time limit until an issue or item is discussed and resolved.
Section 2.04.040 Conduct of Meetings.
A. Quorum.
As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the
Mayor and not less than three Councilors, constitute a quorum. If the Council
Ordinance No. Page 7 of 29
members present do not constitute a quorum, the members present may adiourn or a
maiority of the members in attendance may direct staff to notify the absent members,
except those known to be unavoidably detained, that their presence is required to
enable the Council to proceed with business.
B. Attendance by Electronic Communication.
Except in the event of a suspension of rules pursuant to AMC 2.04.010E, members of
the City Council may not attend or vote at public meetings by means of telephone or
other electronic communication. The rules on meeting procedures and Council actions
shall otherwise remain in effect notwithstanding any such suspension of rules to allow
for attendance by electronic communication.
AC. Council Deliberation.
1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall
vesicle be the presiding officer at the meetings of the City Council. In the absence of these
officers at any meeting, the Councilors present shall appoint a Chair Pro-Tem to serve
temporarily as presiding officer and proceed with the meeting. The Chair-, exeept the
Mayo--, vote on all motions otheF than presiding officer may not vote on appeals
from decisions made while acting as presiding officer. The Chair of the Council or Chair
Pro-Tem may vote on all other motions, but the Mayor may vote only as provided in
City Charter Article 4, Section 3.
The presiding of eer-shall be p nsible for ensuring order- and deeOFUM is
maintained. Comments and disagreements should be addFessed to the topie at hand
and avoid negative personal r-emarks. Attendees and speakers are required to strietty
abide by the-direetiens of the presiding offiee~-Beha-viere etions that are
UHFeasonably loud oF disruptive shall be eause for- remoi,al fFom Couned meetings.
c"diffuptiOn Of -a
WA441 § b y" provided ORS 166.n2cnve). Disruptive behaViff eludes
violent or- diStFoeting aetion, making loud or- diffUpfiVe noise or- usi g loud-
e tWe-language, and refusing to obey an or-der of the-presiding e€BE
not permitted and will be eonsider-ed disruptive-.
The pFesiding offieeF Mfty set time limits on agenda items.
1. Deliberation Rules. The presiding officer shall ensure that each Council member has
the opportunity to speak on each issue before the Council. Councilors must ask the
presiding officer to be recognized. Unless otherwise permitted by the presiding officer,
no member may speak more than once on an issue and may do so only after every other
member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as
well as members of the public speaking on Council agenda items, shall confine their
remarks to the question under deliberation, avoid redundancy, speak only for
themselves, and make no negative personal remarks or comments about the motives or
personal traits of others.
Ordinance No. Page 8 of 29
2. Decorum. The presiding officer shall be responsible for ensuring order and decorum
is maintained. Except by permission of the presiding officer, a Councilor shall address
any remarks to the Council, and not to the audience. Any person's failure to abide by
the presiding officer's instructions constitutes "disruption of a lawful assembly" as
provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or a majority
of the Councilors, to direct a city official to remove the person from a Council meeting.
Disruptive behavior includes engaging in violent, intimidating or distracting actions or
gestures, making loud or disruptive noise, using loud or disruptive profane language,
making negative personal remarks or comments about the motives or personal traits of
others, and refusing to obey an order of the presiding officer. Signs are not permitted
and will be considered disruptive. A direction or order of the presiding officer may be
challenged by a point of order as set forth in AMC 2.04.040C.4.b.(1).
3. Motions and Permissible Intervening Actions.
a. Councilor Actions During Debate. No motion or intervening action shall be
received or recognized by the presiding officer when a question is under debate,
except for the ten secondary motions and intervening actions listed below. The
disposition of any motion or action listed below must occur before consideration of
any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a
matter
(2) Motion to adiourn
(3) Withdrawal of a motion
(4) Motion to lay the matter on the table
(5) Motion to divide a motion under debate
(6) Motion to refer
(7) Motion to call for the previous question
(8) Motion to postpone to a certain time
(9) Motion to postpone indefinitely
(10) Motion to amend
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor
to raise a point of order if meeting protocol appears to have been broken.
The point of order must be addressed to the presiding officer and may not be
addressed directly to the speaker. The speaker must immediately cease
speaking, and the issue identified in the point of order must be resolved
before business continues. No second is required, and no debate is allowed
on the point of order. The presiding officer may seek clarification on the
point of order from its maker, from the speaker who had the floor when it
was made, or from the Parliamentarian. Before proceeding further, the
presiding officer must sustain or overrule the point of order or submit it to
Council decision by majority vote with no debate. A member who disagrees
with the presiding officer's decision to sustain or overrule a point of order
may move immediately following a ruling by the presiding officer to overturn
it. The motion to overturn a ruling on a point of order may not be debated,
Ordinance No. Page 9 of 29
and the presiding officer may not vote on it. Approval of the motion requires
a maiority of affirmative votes; the motion fails in the event of a tie vote.
(2) Request for Information. Any member may interrupt a speaker who has
the floor to seek permission to make a request for information from the
speaker or from staff or invitees with expertise on the subiect under
discussion. The request must be addressed to the presiding officer and may
not be addressed directly to the speaker. The speaker must discontinue
speaking until the request for information has been denied or satisfied. No
second is required, and no colloquy is allowed on the request for information,
except to the extent specifically set forth herein. The information sought
must concern either the subiect under discussion or meeting procedure rules.
The presiding officer may ask the requestor for a statement of the nature of
the information sought. Neither a request for information nor a statement of
the nature of the information sought may contain statements of fact unless
they are necessary to make the request intelligible and must not contain
arguments. Upon inquiry from the presiding officer, the person who had the
floor when the request for information was made has sole discretion whether
to temporarily relinquish the floor to allow the requested information to be
provided. An objection to apparently superfluous requests for information
may be made through a point of order.
(3) Objection to Consideration of a Matter. A member who contends a
matter about to be discussed is irrelevant or for any other reason not
advisable to consider, may object to consideration of the matter. The
objection may be made before or after another member has been assigned
the floor, but only if debate has not yet begun and none of the motions in
AMC 2.04.040C.4.a. has been made. An obiection to consideration of a
matter does not require a second and is not debatable or amendable.
Immediately after the objection is made, a vote on sustaining the objection
must be taken. The objection fails unless at least two-thirds of the
Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before
the Council when no other motion is pending. The actions listed in AMC
2.04.040C.4.a. may be undertaken while the main motion is pending, and, if passed,
may affect the Council's consideration of the main motion. A main motion requires
a second, is amendable and debatable, and passes upon a maiority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the
remaining unfinished business to the agenda of the next Regular Meeting or Study
Session. It requires a second, is not debatable or amendable, and passes upon a
maiority vote in favor.
Ordinance No. Page 10 of 29
e. Withdrawal. A motion may be withdrawn by the mover at any time before an
amendment is made to it or, if no amendment is made, before a vote is taken on it
Withdrawal of a motion does not require a second, and debate of a proffered
withdrawal is not allowed.
E Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a
proposal to suspend consideration of a main motion and all pending related motions
until later in the same meeting in order to deal with another matter that has come
up unexpectedly and which must be dealt with before the pending motion can be
properly addressed. A motion to lay a matter on the table requires a second, is not
amendable or debatable, and passes upon a maiority vote. Before the meeting
adiourns, a subsequent non-amendable, non-debatable motion may take the matter
from the table if seconded and passed by a majority vote in favor. If the meeting
adiourns without considering the tabled item, it will be continued to the next
Regular Meeting or Studv Session in accordance with AMC 20.04 030E
g. Division of a Motion. Any member may move to split a motion under
consideration into two or more independent motions that are taken up in sequence
Each new motion is debated, possibly subiected to secondary motions, and voted
upon before taking up the next part. The mover may designate in the motion the
order in which the parts are considered. The motion requires a second, is
amendable, is not debatable, and passes upon a majority vote in favor
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or
another body for further study and possible recommendations to the Council The
motion requires a second, is debatable and amendable, and passes upon a majority
vote in favor. Any proposed amendments to a main motion on the referred matter
that are pending at the time are also referred.
i. Previous Ouestion. A motion to call the previous question is a proposal to end
debate on a pending motion. It precludes all amendments and debate on the
pending motion until it is decided. The motion to call the previous question is not
debatable or amendable and requires a second and a two-thirds vote in favor
i• Postpone to a Certain Time. This motion is a proposal to postpone a matter to a
particular future meeting, requires a second, is debatable and amendable, and
passes upon a maioritv vote in favor. One function of this motion can be to continue
consideration of an agenda item at a designated subsequent meeting
k. Postpone indefinitely. A successful motion to postpone a matter indefinitely
prevents action on the matter for the rest of the meeting It must be seconded, may
be debated, may not be amended, and passes upon a majority vote in favor. The
debate may address the substance of the main motion. A successful motion to
postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda
Ordinance No. Page I I of 29
1. Amendment. Any main motion and any amendment to a main motion may be
amended to add or omit words. A proposed amendment must be germane, must be
seconded, and is debatable if the motion to be amended is debatable The
amendment passes upon a majority vote in favor. Other amendments may also be
proposed, provided that they do not nullify the amendments already passed or
attempt to amend a motion to amend a motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by
the presiding officer or the City Recorder.
6. Voting.
a. When a question or motion is put to a vote by the presiding officer, each
Councilor present must vote for or against the motion unless a majority of the
Council excuses that Councilor from so doing. Unless excused from voting, a
Councilor who is present and does not vote for or against the motion shall be
counted as having cast a negative vote. The Mayor can only vote in the case of a tie,
and then is required to vote unless excused from voting by a maiority of the
Councilors present. If the Mayor fails to vote when required to do, the Mayor shall
be counted as having cast a vote against the motion.
b. A simple maiority of the quorum present determines the action on ordinance, or
resolution and on most motions. On questions required by City Charter, City
Ordinances, or applicable provisions of Robert's Rules of Order Newly Revised to
be decided by a two-thirds vote of the Council, approval requires an affirmative
vote of at least four Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for
reconsideration before adiournment of the meeting at which the action was approved or
at the next Regular Meeting, unless the item already has been approved or vetoed by
the Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded,
is debatable if the action under reconsideration is debatable, is not amendable, and
passes upon a majority vote in favor. Any member may second a motion for
reconsideration. A motion to reconsider a Council action may be made only once A
vetoed item may not be the subiect of a motion for reconsideration.
Section 2.04.050 Order of Business at Regular Meetings.
The Mayor's State of the City address shall occur in January of each year.
The Mayor or presiding officer may change the order of business on the agenda. The Fequi e
or-deF of business has been established by or-dinanee as folio The usual order of business
will be as follows:
A. Roll Call.
Ordinance No. Page 12 of 29
B. Approval of minutes of the previous meeting. If there are no corrections or objections to the
minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes
as approved shall be signed by the Mayor and City Recorder.
C. Special presentations, proclamations and awards. This item on the agenda is used to
acknowledge special recognition and awards given to the City or for the Mayor to announce
proclamations, which serve to encourage and educate the community. Proclamations shall be
made and placed on the agenda at the discretion of the Mayor. Requests for recognition
under this agenda item should be submitted in writing to the Mayor.
D. Public Forum.
1. Public forum is to precede the consent agenda unless public forum is moved to later
in the agenda of a particular meeting by decision of the Mayor or presiding officer
or by temporary suspension of the rules pursuant to Section 2.040.010E.
2. Members of the public may speak during public forum about any topic not on the
agenda for the same meeting. The agenda for public forum is 15 minutes, unless a
maiority of the Council votes to extend the time. On behalf of the City, any
Councilor may request that any matter discussed during public forum be placed on
a future Council agenda.
3. Public forum is not to be used to provide or gather additional testimony or
information on a quasi-judicial matter. Public testimony will not be accepted on a
matter subject to a public hearing where the record has been closed if the matter is
still pending.
4. Persons wishing to speak during public forum are to submit a "speaker request
form" prior to the commencement of the public forum and deliver the form to the
City Recorder. The Mayor or presiding officer is to inform the audience on
requirements for submission of the form. When possible and feasible, preference
will be given the individuals who reside within the city limits of Ashland. Persons
who do not reside in the City may be placed at the end of the list of those wishing to
speak at public forum.
DE. Consent agenda. Routine business items may be listed by the City Administrator under this
item, which shall be acted upon in its entirety, except that the Mayor or any member of the
Council may request that any item be moved to the regular agenda under the appropriate
section of business.
EF.Public Hearings
1. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by
the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s)
for- one half hou until 9130 p.m up to 10:30 p.m., at which time the Council shall set a date
for continuance and shall proceed with the balance of the agenda.
Ordinance No. Page 13 of 29
2. Not more than two land-use appeal hearings shall be scheduled for any Regular Meeting
of the Council. The City Administrator may, in the administrator's discretion, schedule
additional legislative hearings depending on the anticipated length of the Council
meeting.
3. Persons wishing to speak at public hearings are to submit a "speaker request form" prior
to the commencement of the hearing and deliver the form to the City Recorder. The
Mayor or presiding officer is to inform the audience of this requirement to submit the
form prior to the commencement of the hearing. No testimony will be accepted on public
hearings that have been closed.
•Publie foram i~ Nr 4 for- o1-tu i+I,~ the bl• + 4 items hi h t. fiFe ineluded on the A
agenda.
The agenda for- publie fOFUM iS 15 minutes, of tl}e-Coursed votes to extend th^e time. Per-sons~wishing to peali are to submit a
66spea-ker- request feFM" PnoF tethe -eeOf the fOFUM and deliveF the r------
to the City eeer-do The M presiding ff• inform the audienee on
V 1 IIJVI
r-ements for- submission of the form.
Members of the publie may speak about any topie dUFiHg the publie for-um, unless th
topie is indeed on the agenda for- -thesame -meeting. if a member- of the publie wishes to
spend on agenda it. OF r
publie hearing item they do so at the time t aside r
-IIV a, -c to
those
vpicr.
Publie for-um is not to be used to pFovide or- gather- additional testimony or- infor-mation
Fpefflrd has-been elosed if the matter- is still pending-.
The I%IaYOF Will set time limits foF people who ask to speaIr. duFing public for-um. in
general the time limits should be set to enable all people who wish to eomplete tkeir-
testimony. Time limits shall not be so short as to not allow speaker-s to addFess thei
l will bc' rvca who 'dc ~rrt
eH - }39SSibi-iai and rafeasible, Prcrfcrc-Irc~~ rzar- t cv - individuals ra~az-chr~F
-
the Ashland eitv limit Pe sons who `l'am not " side in the City m- be plaeed at the end
.I.- A,ishine to speak. at vablie for-um..
G. Public Testimony on Agenda Items.
1. Members of the public who wish to speak on an agenda item that is not the subject
of a public hearing at the same meeting (See Section F. above regarding public
hearing testimony) may do so at the time set aside for that agenda item If a
member of the public or a Council member has requested' time to speak on a
consent agenda item, the presiding officer shall make time for a brief presentation
by the requestor prior to the Council's vote on the consent agenda.
Ordinance No. Page 14 of 29
2. Persons wishing to speak on an agenda item are to submit a "speaker request form"
prior to Council consideration of the agenda item and deliver the form to the City
Recorder. The Mayor or presiding officer is to inform the audience on requirements
for submission of the form.
3. The presiding officer will set time limits for people who ask to speak on agenda
items. In general the time limits should be set to enable all people who wish to
present testimony. Time limits shall not be so short as to not allow speakers to
address their topics.
GH. Unfinished business.
HI.New business.
1J. Ordinances, resolutions and contracts.
al. Every ordinance is to be enacted in accordance with Article X of the City Charter.
Copies of the ordinance shall be e-mailed to Council members and the Mayor at least
fourteen days prior to the meeting. Council members may review the ordinance and
forward suggestions for changes to the City Attorney for consideration. Minor changes
may be incorporated, substantive changes will be considered at the time of first reading.
Any substantive changes to the ordinance must be verbally noted at first reading.
Council members must submit comments to the City Attorney no later than 12:00 noon
on the Wednesday prior to Council meeting.
Titles of lengt y ^"dinanees will b Lengthy ordinances may be read by title only at
Council meetings if the Ordinance title has been published in the local paper at least
seven days in advance of the Council meeting thus allowing the ordnnanne * b a
by title onb, at the C-ouneil meeting.
h2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not
require a roll-call vote.
e3. The voting on all ordinances may be by roll-call vote and recorded in the minutes
showing those numbers voting for and those voting against.
JK. Other business from Council members.
Section 2.04.060 Identification of Fiscal Impact of Policy Decisions.
A. When the City Council adopts a program or policy, it shall indicate how it expects that
program or policy will be funded; e.g., which existing taxes or fees the Council expects to
increase and by how much, or which current City programs or department expenditures the
Council expects to reduce to fund the new program or policy. However, if the Council
cannot reasonably identify a potential funding source, it shall so indicate.
Ordinance No. Page 15 of 29
B. As used in this Section the term "program or policy with significant revenue implications" .
includes an ordinance or a resolution in which implementation may entail expenditures in
any budget year in excess of one and one-half percent (1.5%) of the City's annual General
Fund budget, and which may require an increase to existing taxes or fees or an imposition of
new taxes or fees.
C. The provisions of this Section shall not apply to extraordinary expenditures in situations of,
or necessitated by, public emergencies.
Seetion 2.04.0 70 Rights of Citizens
Citizens may speak on an), item not on the agenda dufing public ~~fn. Any eitizen has the right
to present an item to the City Couneil during publie femm. On behalf of the City, any Couneilef
may request the item be pl rl " fu4 7
J VV ill
Section 2.04.080 Conduct with City Employees.
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action.
Councilors should limit requests for information from staff to questions that may be
answered with minimal research. Requests that require significant staff time or resources
(two hours or more) should be directed to the City Administrator and must be approved by
the Mayor, City Administrator, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or
City Staff, including materials requested by individual Councilors and the Mayor, generally
will be distributed to all Councilors with a notation indicating who has requested that the
information be provided.
C. Individual Councilors should respect the separation between policy-making and
administration. T-hey Councilors shall not pressure or direct City employees in a way that
could contravene the will of the Council as a whole or limits the options of the council. whey
Councilors must not interfere with work performance, undermine the authority of
supervisors; or prevent the full eCouncil from having access to relevant information.
Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the
performance of the City Administrator or the City Attorney.
D. The Mayor and council members should strive not to criticize any person in a public meeting
or in public electronic mail messages. The same expectation applies to City staff in the
exercise of their official duties. Discussions and disagreements should focus on the content
of the topic at hand. Nothing should limit a Councilor or staff person' s right to report
wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express
that concern to the Mayor, City Administrator, City Attorney.
Ordinance No. Page 16 of 29
Section 2.04.090 Commissions and Boards.
A. Establishing Commissions and Boards.
Commissions and boards originate from different sources, including Oregon State Statute, City
Charter and Municipal Code; others are established by direction of the Mayor or the City
Council. Establishment and description of the Recreation Commission, which is not an
appointed commission, is described in City Charter Article XXII and in AMC 2.16.
Advisory Commissions and Bout ds Appointed advisory commissions and boards and other
advisory bodies which are permanent {Regulate} shall be codified described in other sections
of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These
shall ineltiding but not include but not be limited to Forest Lands Commission, Planning
Commission, Transportation Commission, Planning Hearings Board, ublie Reer-eation
, Public Arts Commission, Conservation Commission, Ashland Airport
Commission, Housing and Human Services Commission, Historic Commission, Tree
Commission, and the Municipal Audit Commission. AMC 2.10 contains code eon
applicable to all Appointed Commissions and Boa Regular and ad hoc commissions,
boards, task forces and other advisory bodies.
B. Ad-hoc Committees andTask Fo
The Mayor shall have the authority, with the consent of the Council, to form ad-hoc committees
or task forces to deal with specific tasks within specific time frames. Such ad hoc committees of
+scasinvrees, shall abide by uniform rules and procedures set forth in AMC 2.10 and such other
rules as prescribed by the order establishing such ad hoc entities. Committees task for-
shall
make recommendations by way of a formal report to the City Council. The Mayor or City
Administrator may refer matters to the appropriate ad hoc committee task foree. The Mayor
with the consent of the Council shall appoint the membership of such committees or- task for-e
Members of Regular Boards and Commissions may be appointed to ad hoc committees and tas
€erees. The City Administrator shall by order establish the ad hoc body's scope of the work and
rules of procedure, if necessary. The Council has the authority to follow the recommendations,
change the recommendations, take no action, remand the matter back to the ad hoc body or take
any other action it sees fit. The Council by majority vote may remove a member of an ad hoc
committee or task force at any time, with or without cause. The City Council by majority vote
may amend or dissolve an ad hoc committee OF task f re
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and
boards not required by state law to be appointed by the City Council shall be appointed by the
Mayor with the consent of the Council. The Mayor may request assistance or recommendations
from Councilors in making appointments. In the Mayor's absence, any necessary appointment
may be made by the presiding officer with the consent of the Council. When necessary, the
Mayor shall stagger the initial expiration of terms of appointees, such as in the case of a new
commission or board. The Mayor shall not appoint, nor shall the Council consent to the
appointment of a person to more than two (2) regular board or commission positions at a time.
This rule shall not apply to the Planning Hearing Board. Because broad citizen participation is
encouraged, the Mayor and Council shall give due consideration to appointment of new qualified
members before re-appointing a person to more than three -(3) two (2) full terms on any single
regular board or commission.
Ordinance No. Page 17 of 29
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budget law, the Mayor is a member of the governing body of the City of
Ashland. and shall be a voting member of the budget committee.
E. Student Membership on Regular Commissions. and Boards.
The Mayor with the consent of the City Council may add to the membership of any city
commission or board up to two positions for student liaisons. The student liaisons shall be non-
voting ex officio members of their respective commissions or boards. Once the liaison positions
have been added, the liaison from the high school shall be a high school student chosen by the
Ashland High School Leadership class and the liaison from the university shall be a university
student chosen by the Associated Students of Southern Oregon University Student Senate.
Student Liaisons need not be appointed to every advisory commission or board.
F. Regular Membership Removal Process.
The City Council, with or without cause, may by majority vote of the City Council at a Regular
Meeting, remove any regular commission or board member prior to the expiration of the term of
the appointment. Written notice of removal to the affected member shall be provided. Removal
shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall
appoint a replacement for the remainder of the term in accordance with paragraph C. above.
Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed
by the procedures in ORS 227.030 and removal of any member of the Recreation
Commission or the Planning Commission is not subject to this section. Hearings under ORS
227.030 are hereby delegated by the governing body to the City Administrator or Hearings
Officer in accordance with the AMC 2.30, the Uniform Administrative Appeals Ordinance.
G. Changing or Dissolving a Regular Commission, Committee or Board.
After the any Regular commission, eommittee or board or other advisory body has been
formed and codified, any change or dissolution requires an ordinance amending the Municipal
Code.
Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council 1Liaison is to facilitate communication between the City
advisory body and the Council. A Council Liaison is an ex officio non-voting member of
the advisory body, not a regular voting member and shall not serve as Chair, unless the
Ashland Municipal Code specifically requires the Liaison to serve as Chair or in a voting
capacity. Notwithstanding the above, the Council Liaison to the Planning Commission
shall be considered a non-member Liaison and not an ex-officio member as regards
quasi-judicial matters.
2. City Councilors serve as liaisons to City eommissi onsand boards, as Well a h
eommittees and task forees the City's Regular and ad hoc advisory bodies and are
expected to represent the full City Council objectively and accurately in interacting with
the such entities.
Ordinance No. Page 18 of 29
3. City Councilors may attend meetings of
and-
other ad hoe entities the City's Regular and ad hoc advisory bodies as citizens of
Ashland. When attending as a citizen, Council members must identify their comments as
personal views or opinions not a representation of City Council policy.
B. Attendance.
Liaisons should attend all -FRegular meetings of the Commissions and , or- Ad
Committees or Task Forees Regular and ad hoc advisory bodies to which they have been
assigned as time permits and should make special efforts to attend meetings in response
to specific requests to participate in discussions on topics the Council may need to be
aware of or provide input on. In the event a liaison has difficulty attending, the liaison
should find an alternate to attend or review the video or other record of the proceeding. In
the event of a continuing scheduling conflict, the Liaison should ask the Mayor to be
reassigned. Liaisons shall not attend quasi-judicial proceedings when the final appeal or final
decision is or could come before the City Council.
C. Deliberations.
The City Council values diversity of opinion. A significant role of an advisory body is to
represent many points of view in the community and to provide the Council with advice
based on a full spectrum of concerns and perspectives. Accordingly, Council liaisons to City
advisory bodies should not attempt to direct debate, lobby, or otherwise influence the
direction or decisions of any advisory hody bodies to which he or she has they have been
assigned. Council liaisons are encouraged to field and answer questions as appropriate for an
ex-officio member of the advisory body. Undue influence over the decisions of any City
advisory body shall be grounds for removal of a Liaison assignment under paragraph H
below.
D. Respect for Presiding Officer.
City Councilors attending advisory body meetings as liaisons shall accord the same respect
toward the Chair and other members as they do towards the Mayor, Presiding officer or each
other.
E. Council Information.
City Councilors will inform the advisory bodies to which they have been appointed liaison of
about Council agenda items and Council decisions that may be of interest to the advisory
body. Liaisons shall also encourage advisory board members to attend Council meetings to
keep abreast of Council action, policy matters and the activities of the city Cam. To
fi-le-ii-lit-a-te the above, and notwithstanding any otheF provision of the Code, the ChaiF Of
Nll advisor-' VV{,{, shall peFiodically pinee on the Agenda for the adviso", body, an item
labeled "Report of Couneil Liaison".
F Role of T son Regaf ° Advice on Filling Vacancies.
The Council ILiaison for each advisory body, together with the advisory body chair and
assigned staff liaison will make recommendations to the Mayor for appointment of citizens to
fill vacancies on their respective advisory bodies.
G. Revortine4o the Couneih.
. - tant netivities of eneh adviso" body towhieh they have been assiened-.Eaeh
advisor, body should be invited to give a shot annual presentation to the Ci
Ordinance No. Page 19 of 29
Couneiol. Liaisons mav seek assi-stanee-from the relevant staff liaisons to fteeompl-M-1-
this r ortine x;1.;1;4.,
SIG. Liaison Appointment Process and Term.
The Mayor will appoint a Councilors to act as a Council 1Liaisons to each and every
Regular advisory commission or board. Councilors interested in a particular subject area
should inform the Mayor of their interest and the Mayor should take the expression of
interest and/or a Councilor's preference into account when making appointment decisions.
Liaison appointments shall be for a term of one year unless otherwise expressly stated.
Appointments are generally made on an annual basis in January and the Mayor shall make an
effort to rotate liaison assignments if there is more than one Councilor expressing a
preference for an specific appointment.
1H. Removal from a Liaison Assignment.
The Mayor or a Councilor may be removed for any reason from a specific liaison position or
assignment upon two-thirds vote of the entire Council.
Section 2.04.110 Council Representatives to State, Regional, Community and other
External Organizations.
A. Role and Responsibilities of Council Representatives.
1. City Councilors may be appointed, either by the City or by another entity, to serve as the
City of Ashland's repr-esentat Representative to State, Regional, and Community
organizations. In all cases, the City's repr-esento Representatives will follow the
bylaws and guidelines for service of the organization to which they have been appointed.
2. The purposes of serving as an official Representative to State, Regional, Community, and
other external organizations are to ensure effective working relationships with other
agencies and organizations, ensure that Ashland uses all possible avenues to achieve
community goals; achieve City Council goals both within the community and in the
Rogue Valley; protect the home rule authority of the City of Ashland to make decisions
that are best for the community; ensure that key City revenue streams are protected; and
secure federal and state funds for projects that benefit the City of Ashland and other
community institutions.
3. City Counseler-s are expeeted to represent the full Gity Couneil in their work
p °pr-ese tat In their work as City Representatives, City Councilors are expected
to represent the full City Council accurately and objectively and to depict the
position of other Councilors accurately and objectively. If the Council has an
approved position on a matter under discussion, the Representative shall articulate
and, if called upon, vote in favor of that position. If the City Representative is asked
to take an official position on an issue that affects the City of Ashland and the City'
s official position is unknown or unclear, the City Representative should request
that the item be placed on a City Council agenda in accordance with AMC 2.04.030
for full City Council action. If the Council has not approved an official position and
has not had the opportunity to confer with the City Representative on a matter
Ordinance No. Page 20 of 29
under deliberation in the subiect external organization, the Representative shall
make a good-faith effort to reflect what the Representative believes the full
Council's position would be if the Council were to consider the matter, regardless of
the Representative's personal views, and shall report to the Council on the matter
discussed in the external organization at the next feasible opportunity thereafter.
Representing a position other than the offleial position of the City of Ashland
Conduct contrary to the guidelines in this subsection is grounds for removal under
paragraph E.
4. City Representatives serving as voting members on another organization's Board of
Directors (such as the Rogue Valley Council of Governments) should work in the best
interest of that organization when not in eonfliet with unless such action would not be
in the best interest of the City of Ashland.
5. If the Cib, Couneilor- serving as a Representative is asked to take an offleift! posi
on an issue that affeets the City of Ashland and the City' s offleial position Is
City Couneil agenda in AMC 2.04.030 for- full City Couneil .
If the City Representative has an actual or potential personal conflict of interest, as
defined in Oregon Ethics Law, the Representative must fully comply with the
applicable requirements of Oregon Ethics Law and City ethics ordinances.
6. City Council members may attend meetings of state, regional, and community
organizations as citizens of Ashland. When attending as a citizen, Council members must
identify their comments as personal views or opinions not a representation of City
Council policy.
B. Attendance.
Representatives should attend all regular meetings of the organizations to which they have
assigned. In the event a Councilor has difficulty attending, the Representative should find an
alternate to attend on the City's behalf. In the event of a continuing scheduling conflict, the
City Representative should ask the Mayor to be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire Council on significant and
important decisions activities of each state, regional, and community organizations to which
they have been assigned. Council members may also request that representatives of these
organizations may be invited to give a short annual presentation to the Council.
D. City Representative Appointment Process and Term.
I. The Mayor will appoint a Councilor to represent the City to state, regional, and
community organizations to which the City is entitled to an official delegate. The City
Council shall confirm these appointments.
2. The Mayor and City Councilors may also be invited by external organizations to
represent either the City of Ashland or "Cities" in general. In these cases, the Mayor or
Ordinance Noe Page 21 of 29
Councilor that has been asked to serve will inform the City Council in a Regular Meeting
of the assignment and request that the City Council confirm the appointment.
3. Councilors interested in a particular subject area should inform the Mayor of their interest
and the Mayor should take the expression of interest and/or a Councilor's preference into
account when making appointment decisions. City Representative appointments shall be
for a term of one year unless otherwise expressly stated. Appointments are generally
made on an annual basis in January and the Mayor shall make an effort to rotate liaison
assignments if there is more than one Councilor expressing a preference for an specific
appointment.
E. Removal from a Representative Assignment.
The Mayor or a Councilor may be removed for any reason from a specific representative
position or assignment upon two-thirds vote of the entire Council.
Section 2.04.115 Representations.
A Council member is free to express personal views on any issue in any forum as long as
any statements he or she makes about the positions of the full City Council and the
positions of other individual Council members are accurate and obiective. Upon two-
thirds vote of the entire Council, a Council member may be censured for noncompliance
with this requirement.
Section 2.04.120 Councilor Expenses.
A, The City will reimburse a Councilor or the Mayor for expenses that are directly related to
City business in accordance with the City's reimbursement policy. Councilors are required to
submit all statements as required by ORS 244.
Section 2.10.005 Purpose.
Advisory commissions and boards (advisory bodies) require uniform rules, policies and
operating procedures to assure maximum productivity and fairness for members and the public.
Except where otherwise provided in this Code, the following policies and procedures govern all
the City's commissions and boards, as well as ad hoc entities. Nothing herein removes the
requirement for compliance with more specific regulations and guidelines set forth by state
statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules
do not apply to the elected Parks and Recreation Commission.
Section 2.10.020 Terms, Term Limits and Vacancies.
All successors to original members of an advisory commission or board, shall have a three (3)
year term, except as otherwise provided in the appointment order and except for certain
members of the Municipal Audit Commission, as provided in AMC 2.11.015.
Notwithstanding the three year limitation, Planning Commissioners shall serve serve for terms
of four (4) years with terms expiring on April 30 of the fourth year, and Budget Committee
members not on City Council shall serve for terms of four (4) years terms, with terms
expiring on June 30 the fourth year. All other regular terms shall commence with
appointment and shall expire on April 30 of the third year, unless otherwise provided in the
appointment order. The appointing authority may stagger terms in the original appointment
Ordinance No. Page 22 of 29
order as necessary. Members may serve three (3) two 2 terms on any single commission or
board, after which time the Mayor and Council will give due consideration to other qualified
candidates before making a reappointment. Any vacancy shall be filled by appointment by the
Mayor, with confirmation by the City Council, for any unexpired portion of the term as provided
in AMC 2.04.090C.
Section 2.10.025 Meetings and Attendance.
A. Unless otherwise provided by law, the number of meetings related to business needs of an
advisory commission, or boards may be set by the advisory body.
study sessions and
B. meetings, All members are expeeted to attend all r-egularty seheduled
sped 1 meetings, when applienble if a member will be absent from a meeting, the
membeF must notify the ehair- or- the staff liaison at least two h0HFS PAOF tO the meeting.
vaeant. Further- any member not attending . . am of two thir-ds (2/3) of all.
seheduled-meet-ings (inelusive of study sessions -a-nd- spe^lmeetings) be
the posit' .The Planning Commission and Budizet
Committee shall set their own meeting attendance requirements. All members of other
Regular or ad hoc advisory bodies are expect°a must attend all at least seventy-five
percent (75%) of the full advisory body's noticed meetings, study
sessions and special meetings in each full year of their tenure. A person removed from
the advisory body for non-compliance with attendance requirements subsequently may
be appointed to fill the vacancy on the advisory body by means of the normal
appointment process of that advisory body.
C. A member should provide at least 48-hour notice to both the chair of the advisory body
and the staff liaison regarding any planned absence from a scheduled meeting of the
advisory body. In the event an unexpected emergency will cause a member to be absent
from the meeting, the member must, if possible, notify the chair or the staff liaison
within a reasonable time in advance of the meeting.
D. Generally, advisory bodies may not allow alternates to represent or stand in for a
member at a meeting. Notwithstanding the foregoing preclusion of alternates, on
Regular and ad hoc advisory bodies with some members who are appointed by an
entity other than the Mayor and City Council and who serve as a representative of the
appointing entity, an alternate may participate and vote for the named member by
proxy at any meeting of the advisory body. Such participation by the alternate will be
deemed to be attendance by the named member. Individuals directly appointed by the
Mayor and approved by the Council may not be represented by alternates.
E. Each advisory body should review member Aattendance shall be r-eviewed by ~he
eommission OF board during the r-egular-ly seheduled meetings in januar-y and jul~-, with
aeent -te and report to the City Recorder approximately every six months. CL
Recorder will advise the Mayor and City Couneil advising o on the need for appointments
or re-appointments, if necessary.
Ordinance No. Page 23 of 29
Section 2.10.040 Quorum and Effect of Lack Thereof
Unless other-wise ordained, A meeting quorum shall consist of more than one-half of the total
number of authorized members of the body, including any vacant positions. Non-voting ex
officio members, staff and liaisons do not count toward the quorum. A majority of the quor-i
is neeessaFy to adopt any motion-. Members need not be physically present at a meeting if
another means of attendance (e.g. telephonic, internet etc.) has been established by the
membership and public meetings law requirements are met. At least a majority of the quorum
is necessary to adopt any motion; some motions require the affirmative vote of at least two-
thirds of the members present. If the members in attendance do not constitute a quorum,
staff or invitees may make informational presentations provided (1) Notes describing the
presentations and discussions are made and posted on the City website; (2) no motion,
debate or vote or any other official business other than adjournment takes place; and M all
natters topics advertised shall are automatically he een-tinued to added to the agenda for the
next regularly scheduled meeting.
Section 2.10.050 Election of Officers, Secretary, and Subcommittees.
At its first meeting following the appointment or reappointment of members each year, of
the-year the advisory commission or board shall elect a chair and a vice-chair who shall hold
office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an
officer for more than to three consecutive annual terms. Without the need for an
appointment, the head of the City Department staffing the commission, committee or board shall
be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The
Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for
the purpose of gathering information and forming a recommendation to be brought forward to
the full advisory body. Provided hovevvr-,--eOnly the full body can make recommendations to
the City Council. Subcommittees must comply fully with the requirements of Oregon Public
Meetings law.
Section 2.10.060 Agendas and Minutes.
The chair or staff liaison will be responsible for timely preparation and posting in advance the
agendas of all meetings of advisory commissions and boards on the City's website. A member
or staff liaison will be responsible for taking minutes and getting them he posted on the eCity's
website, generally within a few days after the minutes have been approved. Members are
encouraged to access those documents from the web site. Staff will email or mail documents to
members upon request. If the advisory body has a current Council Liaison, the Liaison shall
pe--~n T should be given the opportunity to report to the commission or board periodically.
Section 2.10.065.- Goals.
Advisory commissions and boards are encouraged to establish annual goals and action items that
reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are
expected to suggest, support and advance Council goals and are encouraged to look for ways
within their own unique responsibilities to do so.
Ordinance No. Page 24 of 29
Section 2.10.070 Rules and Regulations.
The advisory commission or board may make such rules and regulations as are necessary for its
governance, including the conduct of meetings, when not inconsistent with Ashland City
Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the
meeting procedure rules in AMC 2.04.40 Dot errs Rules of OFF In the event of conflicts
that cannot be resolved less formally, Roberts Rules of Order- AMC 2.04.040 shall be used as
the standard for meeting rules and procedures. Failure to strictly follow comply with Roberts
Rules of Orde the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or
otherwise disturb a decision or action. The body will strive to be clear in its proceedings.
Seetio„ 2.10.045 Deliberation&
it is the duty of the "1"''- or ffver +o ensure that + h b has t
- - of presiding ~~La iii 1.111 lV L;L LLl~
opportunity to speak. Alember-s speak only for- themselves and shall be open, dir-eet and
eandid. Members shall strive to deliberate to a deeision and shall rely upon the ehftiF tO
keep the diseussio" moving. b hall speak MOM than onee until every mbe
r
ehoosing to speak shall have spoken or- waived theiF right to do so. No member- shall speaki
more than twiee on the same motion without leave of the pFesiding offieeF.
Section 2.10.105 Reports.
A. Each Aadvisory bodv shall submit copies of its meeting minutes
to the City Recorder for presentation to the eCity eCouncil . and shall pFepar-e and
submit sueh Feports as from time to time may be requested by the Mayff and City
veil.
B. The chair of each advisory body is expected to give at least one report to the City
Council each year on the advisory body's accomplishments, work in progress, and
planned activities. In addition, the Mayor or City Council may from time to time ask
chairs for information and recommendations on matters within the scope of their
advisory bodies. Chairs' reports to the Council are to be objective and representative
of the majority views of the memberships of their advisory bodies.
C. Council Liaisons may report to the entire Council on significant and important
activities of any advisory body to which they have been assigned.
D. Staff Liaisons to the advisory bodies may assist in preparing such reports.
E. Unless otherwise expressly provided in the Ashland Municipal Code or State Law, all reports
or recommendations of City advisory bodies committee shall be considered advisory in
nature and shall not be binding on the mMayor or eCity eCouncil.
Section 2.10.110 Lobbying and Representing the City
Member-s shall only r-eYY Y
authorized by the full fnember-ship at a duly advei4ised fneeting. Unless speeifieally dir-eeted by
the City Couneil to state the eity's effieial position en fedefal, sta4e or- eounty legislative ,
. lobbying before other- elected L. diro or cvrrrmirr will be crrn,l i4 1 1. b f
cv vvu ~
advisory e . . - - Eind boards. An individual member- is ffee to voiee a position on any issu-e
as long as it is made elear- tha4 the speaker- is not speaking as a fepr-esentative of the eity Of as
'-T emb dvisar-~c~ b a. An individual advisory body member is free to
Ordinance No. Page 25 of 29
express personal views on any issue in any forum as long as the individual makes clear that
he or she is not speaking as a member of the advisory body and that the views expressed
are personal and do not represent the position of the City or of the City advisory body.
Advisory body members are prohibited from engaging in political activity in accordance with
ORS 260.432.
Section 2.11.015 Modified Terms and Qualifications [Municipal Audit Commission]
A. Terms. Notwithstanding any other provision of the Ashland Municipal Code, the terms of
the Mayor or Council or, Citv Recorder and Liaison Budget Committee member shall be for
one year, each expiring on April 30 December 31 each-of-year. All other terms shall be as
provided in AMC 2.10.020.
Section 2.16.010 Publie Recreation Commission - Purpose of Chapter.
The purpose of this chapter is to implement Article XXII of the Ashland City Charter which
provides for a Recreation Commission.
Section 2.16.020 Publie Recreation Commission - Organization.
The Recreation Commission shall meet and organize itself by selecting one or more of its
members as Chair and such other officers as they deem necessary. The Commission has power
to adopt By-Laws, rules and regulations for the proper conduct of public recreation in the City.
Section 2.16.030 Publie Recreation Commission - Duties.
The Publie Recreation Commission shall coordinate, as far as possible, the recreational facilities
now within the City, or hereafter to be constructed or created, with the object and purpose of
promulgating a central plan in which all public boards and agencies, as well as private
organizations, may participate. The Commission shall have the power to conduct any form of
recreation or cultural activity will employ the leisure time of the people of Ashland and vicinity
in a constructive and wholesome manner.
Section 2.16.040 Publie Recreation Commission -Recreation Director.
The Rublie Recreation Commission has the power to appoint or designate some individual to act
as recreation director who is trained and properly qualified for the work and such other personnel
as the Commission deems proper. The Rublie Recreation Commission shall, at the proper time
annually, submit a budget estimate to the Mayor and City Council for their approval. The
Commission may also solicit or receive any gifts or bequests money or other personal property,
or any donation to be applied, principal or income, for either temporary or permanent use for
playgrounds or other recreational purposes.
Section 2.16.060 Publie Recreation Commission -Reports.
The Rublie Recreation Commission shall make full and complete monthly and annual reports to
the Mayor and City Council and such other reports as from time to time may be requested of
them by the Mayor and City Council.
Section 2.18.10 Established Membership (Conservation Commission).
The Conservation Commission is established and shall consist of nine (9) voting members
including one representative of the solid waste franchisee for the city; and one representative
from Southern Oregon University; and one representative from the Ashland School District and
Ordinance No. Page 26 of 29
six (6) other voting members. At least five (5) of the other members shall reside within the city.
The commission shall also consist of certain non-voting ex officio members, including the mayor
or one council member serving as council liaison, the Department of Community Development
Director and the Electric Utility Director, the Director of Public Works, the Building Official and
City Administrator. The EleetFie Utility DiFeetOF shall seFve as the pr-imar-y staff Liaison
S ^+^r of the Commis The primary staff liaison shall be appointed by the City
Administrator and shall serve as Secretary of the Commission. Voting members shall be
appointed by the Mayor with confirmation by the City Council.
Section 2.28.100 Electric Utilities Department - Functions.
The functions of the Electric Utilities Department are the construction, operation, and
maintenance of the electric distribution system; the installation of all new lines, services and
meters; the maintenance of the hydro-generation plant; the preparation and submission of
proposed work programs including estimates of cost; and the installation, maintenance and
operation of all electrical equipment and facilities of the City; and the implementation o
PFOgFftMS for- energy eonsen,ation required by state oF federal law, or as appFoved by the
City coufleff.
Section 2.28.130 Finance Department - Functions.
The functions of the Finance Department are the administration and collection of various City
taxes, licenses, and permits and the administration of ordinances and state laws applicable
thereto; the receipt and safekeeping of all City money; preparation and control of the City
budget; procurement of materials, supplies, equipment and services for all departments, t
the Parks and Recreation Commission; receipt, storage and issuance of supplies, materials and
equipment; the disposal of surplus property; fiscal and property accounting for all departments
exeept the Ashland Parks and Reereation Commission; data processing; financial estimating,
planning and programming; billing and collecting; investment of temporarily idle funds in
cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk
management and insurance administration; opeFati0ft of the ; eoordination of
eleaning, maintenanee and Fepair of all publie buildings belonging to the City used
general i z@---139$Ls; establish6 3g -and operating a eentFalizedi-- warehouse;
the performance of all
duties prescribed by the City Charter and ordinances and the laws of the State for those officers
and officials included in the Finance Department; and the performance of such other functions as
may be assigned by the City Administrator or prescribed by the City Council.
Section 2.28.340 Public Works Department - Functions.
The functions of the Public Works Department are the construction and maintenance of all
streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which
hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of
the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant;
the construction, maintenance and operation of the water distribution systems, the maintenance
and operation of the water filtration plant; the supervision of all work done on streets, alleys, or
other public ways, land, buildings, or other structures by anyone other than the City; supervision
of the repair and maintenance of all motor equipment of the City,
the performance of traffic engineering; the planning,
Ordinance No. Page 27 of 29
improvement and maintenance of the Ashland Municipal Airport; the performance of all phases
of engineering work required in connection with all the functions of said Department; the
keeping of records of all surveys and measurements made, which records shall be open for public
inspection.
Section 2.28.354 Community Development Department - Functions.
The functions of the Community Development Department are the preparation and maintenance
of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of
ordinances, policies, maps and studies implementing said plan; the processing of applications for
planning actions set forth in Title 18 of this Code; with the assistance of the Police Department,
the enforcement of all laws, ordinances and regulations governing the erection and occupancy of
buildings and structures, and the alteration of or additions to buildings and structures as required
in Title 15 of this code; and, with the assistance of the Police Department, the enforcement of all
laws and ordinances governing zoning and land-use as set forth in Title 18 of this code
development and implementation of energy eonsei-vation programs as may be Rpffoved-by
the City Administr-MOF or City Couneil.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections [Nos. 2-3] need not be codified, and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by t' e only in ac rdance with Article X,
Section 2(C) of the City Charter on the day of , 2014,
and ly PASSED and ADOPTED this day of , 2014.
r
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of '2014.
John Stromberg, Mayor
Reviewed as to form:
lld4 , ~l.--
D id H. Lo an, City Attorney
Ordinance No. Page 28 of 29