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(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)
(A) To make a motion, a Commissioner must be recognized by the Chairperson when there is no other business on the floor. The Commissioner then says, “I move to...”
(B) Another member of the Commission may second the motion. This can be done without being recognized by the Chairperson. If no member seconds the motion, the motion “dies” for lack of a second. The Chairperson will then move on to the next item of business.
(C) If a motion is made and seconded, the Chairperson restates the motion. This procedure is necessary for the motion to come before the Commission. Prior to this step, the Chairperson can suggest changes in the motion and the mover can amend or withdraw his, her, or their original motion. No debate can take place until the Chairperson states the motion is on the floor. At this point, the mover may withdraw the motion.
(D) The Commissioners then debate the motion. The original mover is entitled to speak first. Each Commissioner may speak but should not have the floor a second time until all who wish to speak have spoken once.
(E) The Chairperson then puts the question to a vote. When the debate appears to have closed, the Chairperson may call for the question. If no one takes the floor, the Chairperson restates the motion and calls for a vote. The Chairperson will decide the method of voting. Unless otherwise specified by the Chairperson, the vote will be by polling of the Commissioners.
(1) Voice vote. The ayes are called first and then the nays. This is the standard method of voting within Commission meetings.
(2) Polling of the Commissioners. Whenever the Chairperson shall call for a polling of the members of the Commission, the order of polling shall be a random order determined by the person recording the poll.
(3) Majority. A vote succeeds by a majority vote of the members present.
(4) Tie vote. In the case of a tie vote, the motion dies due to lack of majority.
(5) Abstentions. Abstentions, including a statement by the Commissioner abstaining noting his, her, or their reason, shall be recorded in the meeting minutes.
(F) The Chairperson announces the voting results. This step is included to ensure the Commissioners, staff, and members of the public understand the outcome of the vote and so that City Staff can accurately reflect the action taken in the minutes and for the record.
(Ord. 661, passed 5-6-2020)
(A) Every Commissioner desiring to speak to an issue will address the Chairperson and, upon recognition, will confine remarks to the issue under debate. Except by permission of the Chairperson, a Commissioner shall address any remarks to the Planning Commission and not to the audience.
(B) Commissioners questioning, seeking clarification, or soliciting a recommendation from City Staff will direct the concern to the appropriate staff member. The City Staff member may respond as requested or redirect the inquiry to another member of the staff.
(C) Upon recognition and permission of the Chairperson, a person in the audience may address the Commission relative to any matter being considered by the Commission at that time. All persons speaking in a Planning Commission meeting shall state his or her name and address; limit comments to the issue under discussion; limit remarks to three minutes; and be courteous to the Commissioners, staff, and audience. Members of the public wishing to speak during a public hearing may only do so during the designated public testimony period, under the rules stated by the Chair upon opening the hearing and pursuant to procedures adopted by the City and the Oregon Revised Statutes. Failure to do so may result in forfeiture of the remaining comment period or removal from the meeting.
(D) The City Administrator or, in his or her absence, an appropriate designee, will assist the Chairperson (or acting Chairperson) in maintaining the order and decorum at all meetings.
(Ord. 661, passed 5-6-2020)