HomeMy WebLinkAbout3002 Council Rules Part 1 ORDINANCE NO. 3 OOL
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTIONS AMC
2.04.030, 2.04. 090, 2.04.100 AND 2.04.110 RELATING TO COUNCIL RULES
Annotated to show deletion° and additions to the code sections being modified.
Deletions are bold lined through and additions are bold underlined.
WHEREAS, in 2006 -2007 the City Council undertook the task of reviewing the Council
Rules codified in AMC Chapter 2, under which the City Council operates; and
WHEREAS, as part of the Council Rules review, the Council Rules Committee began a
review and discussion of the rules under which its advisory boards and commissions
operate and the relationship of the Council and Mayor to such bodies; and
WHEREAS, the City Council desires to complete the work of the Council Rules
Committee as it relates to Additional Council Rules [this ordinance] as well as Uniform
Policies and Operating Procedures for Advisory Bodies [separate ordinance]; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 2.04.030 E. [Postponing Agenda Items] is hereby amended to read
as follows:
E. Postponing Agenda Items.
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 regularly scheduled meeting of the
Council; 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
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automatically continued to the next regularly scheduled Council meeting.
;AMC 2.04.030.E.1"
SECTION 2. AMC 2.04.090 [Commissions, Committees, and Boards] is hereby
amended to read as follows:
2.04.090 Commissions Committees 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. Advisory
Commissions and Boards which are permanent IRegularl shall be codified
in AMC Chapter 2, including but not limited to Forest Lands Commission,
Planning Commission, Transportation Commission, Planning Hearings
Board, Public Recreation Commission, Public Arts Commission,
Conservation Commission, Ashland Airport Commission, Housing
Commission, Historic Commission, Tree Commission, and the Municipal
Audit Commission. AMC 2.10 contains code common to all Appointed
Commissions and Boards.
B. Council -Ad -hoc Committees and Task Forces.
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 or task forces 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 or
task forces 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 or task force. The Mayor with the consent of
the Council shall appoint the membership of such committees or task
forces. Members of Regular Boards and Commissions may be appointed
to ad hoc committees and task forces. 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 or task force.
C. Regular Commission and Board Membership Appointments.
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Except for the Municipal Audit Commission (AMC 2.11), all 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) full terms on any single regular
board or commission.
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 Commission s. and Boards. Cot
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. Hearings under ORS 227.030 are hereby
delegated by the governing body to the City Administrator or Hearings
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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 commission, committee or board has been formed and codified,
any change or dissolution requires an ordinance amending the Municipal
Code.
SECTION 3. AMC 2.04.100 [Operating Policies and Procedures Commissions,
Committees and Boards] is hereby amended to read as follows:
Boards
ArPublis-Meeting-Law
a Robert's R of O
C. Deliberation:
D A an d Mi
E. Absences.
F. Quorum.
G C o f utii
u. L, g.
1. Goals.
J. Role -of Staff.
Number of Meeti
M M Not•
r�vriv�
O.Budget
P. Expenses.
Q. -Committees:
SECTION 4. AMC 2.04.110 [Council Liaisons] is hereby amended and renumbered to
read as follows:
2.04.100 440 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council liaison 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
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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 commissions and
boards, as well as ad hoc committees and task forces and are
expected to represent the full City Council in interacting with the
such entities.
3. City Councilors may attend meetings of City Advisory Boards
and Commissions and other ad hoc entities 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 regular meetings of the Commissions and
Boards, or Ad hoc Committees or Task Forces to which they have
assigned. 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 body to which he or she has 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 I 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.
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E. Council Information.
City Councilors will inform the advisory bodies to which they have been
appointed liaison of 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. To facilitate the above,
and notwithstanding any other provision of the Code, the Chair of an
advisory body shall periodically place on the Agenda for the advisory body,
an item labeled "Report of Council Liaison
F. Role of Liaison as Regards Vacancies.
The Council liaison 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 till vacancies on their respective
advisory bodies.
G. Vacancies. Reporting to the Council.
Council liaisons shall periodically report to the entire Council on significant
and important activities of each advisory body to which they have been
assigned. Each advisory body should be invited to give a short annual
presentation to the Council. Liaisons may seek assistance from the
relevant staff liaison to accomplish this reporting responsibility.
H. Liaison Appointment Process and Term.
The Mayor will appoint a Councilor to act as a Council liaison to each and
every 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..
J. 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.
2.04.110 Council Representatives to State, Regional, Community, and other
External Organizations.
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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 representative
to State, Regional, and Community organizations. In all cases,
the City's representative 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 Roque 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 Councilors are expected to represent the full City Council
in their work as Representatives. Representing a position
other than the official position of the City of Ashland 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 conflict with best interest of the
City of Ashland. When presented with a conflict, the member
shall declare the conflict and, if necessary, recuse himself
herself from the matter.
5. If the City Councilor serving as a 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 Councilor should request that the item be placed on a
City Council agenda in accordance with AMC 2.04.030 for full
City Council action.
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.
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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.
1. 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 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.
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SECTION 5. 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 6. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code "article "section
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re- lettered, provided however that any Whereas clauses and boilerplate provisions (Le.
Sections 5 -6) 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 title or$y in accordance with Article X, Section
2(C) of t City Charter on the /7 day of ail 2010,
and du A'ASSED and ADOPTED this 8 day of are�� 2010.
glia.;‘.067c)
Barbara Christensen, City Recorder
SIGNED and APPROVED this 9 day of 4 2010.
\►I4 4 m
I'
J Stromberg, Maye
Reviewed as to form:
L _At, dab&
Richard Appicello, O` Attorney
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