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Appointments to fill vacancies prior to expiration shall be for the remainder of the unexpired term. A member may be removed by the City Council, after a hearing, for misconduct or nonperformance of duty. A member who is absent from three consecutive meetings, without an excuse approved by the Planning Commission, is rebuttably presumed to be in non-performance of duty. The Planning Commission Chairperson shall notify the City Council of the member’s misconduct or nonperformance and recommend that it schedule and conduct a hearing. The City Council shall then hold a hearing followed by a vote whether to declare the position vacant. The City Council shall declare the position vacant unless finding otherwise following the hearing. The City Council shall then fill said vacancy.
(Ord. 661, passed 5-6-2020)
(A) At its first meeting of each calendar year, the Planning Commission shall elect a Chairperson and Vice-Chairperson to serve one year terms. Officers may be reappointed to subsequent terms.
(B) The Chairperson shall be a voting member of the Planning Commission and shall preside over all meetings of the Planning Commission. The Chairperson shall sign plats and other official documents on behalf of the Planning Commission.
(C) The Vice-Chairperson shall be a voting member of the Planning Commission and shall exercise the powers of the Chairperson when the Chairperson is absent.
(D) In the absence of the Chairperson and Vice-Chairperson, the remaining members shall call the meeting to order and elect an acting Chairperson who shall conduct the meeting.
(E) The City Recorder shall ensure that minutes of all Planning Commission meetings are recorded.
(Ord. 661, passed 5-6-2020)
The regular standing meeting of the City Planning Commission shall be the second Monday of each month, at 6:30 p.m., at the City Hall. Regular meetings may be rescheduled due to observed holidays. Meetings of the Planning Commission shall be open to the public. The Chairperson may, at the request of at least two members of the Commission, call a previously unannounced special meeting of the Commission, for a time not earlier than 24 hours after notice is given. Notice of a previously unannounced meeting, other than to Commission members, shall be given as provided by law. The Planning Commission shall not start a meeting until a quorum is present, as defined below.
(Ord. 661, passed 5-6-2020)
(A) Quorum. A majority of the members of the Commission shall constitute a quorum.
(B) No quorum present. If a quorum is not present, the Chairperson shall immediately inform the absent members, except those known to be unavailable for the meeting, that their presence is required to enable the Commission to proceed. If the absent member or members do not appear after the notice, the Commissioners present shall adjourn until a specific time and place stated, or until the next regular meeting.
(Ord. 661, passed 5-6-2020)
The Commission shall have the powers and duties which are now or may hereafter be assigned to it by charter, ordinances, or resolution of this City and general laws of this state, including the ORS Chapter 227. The Planning Commission shall administer the development ordinance of the City, and may make recommendations to the City Council, to public officials, and to individuals regarding land use, locations of thoroughfares, public buildings, parks, and other public facilities, and regarding any other matter relating to the planning and development of the City and the surrounding areas. The Commission may make studies, hold hearings, and prepare reports and recommendations on its own initiative or at the request of the City Council, provided appropriate funding is available and has been authorized. The Planning Commission shall, on October 1 of each year, make and file a report of all its transactions with the City Council. All recommendations, suggestions, and reports made to the City Council by the Planning Commission shall be in writing.
(Ord. 661, passed 5-6-2020)
The Planning Commission shall have no authority to make expenditures on behalf of the City, or to obligate the City for payment of any sums of money except as herein provided, and only after the City Council shall have first authorized such expenditure by appropriate action.
(Ord. 661, passed 5-6-2020)
(A) The Chairperson shall, prior to the beginning of every public hearing, call for declarations of conflict of interest, bias, and ex-parte contact by the Planning Commissioners. Commissioners shall declare all actual and potential conflicts of interest with sufficient details to allow the Planning Commissioners and public to determine a member’s ability to participate in a public hearing. All declarations, including actual and potential conflicts of interest, shall be recorded in the official minutes of the meeting. POTENTIAL AND ACTUAL CONFLICTS OF INTEREST are defined in detail in ORS Chapter 244, but are generally defined as follows.
(1) ACTUAL CONFLICT OF INTEREST. Any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position;
(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated is a member or is engaged; and
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under I.R.C. § 501(c) being 26 U.S.C. § 501(c).
(2) POTENTIAL CONFLICT OF INTEREST. Any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position;
(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person or the person’s relative or business with which the person or the person’s relative is associated is a member or is engaged; and
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under I.R.C. § 501(c) being 26 U.S.C. § 501(c).
(3) RELATIVE.
(a) The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law, or daughter-in- law of the public official or candidate;
(b) The parent, stepparent, child, sibling, stepsibling, son-in-law, or daughter-in-law of the spouse of the public official or candidate;
(c) Any individual for whom the public official or candidate has a legal support obligation;
(d) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or
(e) Any individual from whom the candidate receives benefits arising from that individual’s employment.
(B) When an actual conflict of interest has been declared, the Commissioner shall recuse themselves from participating in the public hearing and shall leave the room for the remainder of the agenda item. The Commissioner may return for subsequent agenda items.
(C) When a potential conflict of interest has been declared, the Commissioner shall indicate whether they are capable of being an impartial participant.
(D) Any party may challenge the declarations made or not made by a member of the Planning Commission. The Chairperson may poll fellow Planning Commissioners whether they believe the declaring member is capable of participating in an impartial manner. If the Planning Commission vote determines that the Commissioner does have a conflict of interest and is not capable of participating in an impartial manner, the Commissioner shall recuse themselves and shall leave the room. The Commissioner may return for subsequent agenda items.
(Ord. 661, passed 5-6-2020)
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