[Ord. No. 2091,
Enacted, 4-19-1994]
The City Council may create standing citizen advisory boards, committees or commissions to aid the Council in the conduct of public affairs. The City Council may also create ad hoc citizen committees to accomplish a specific task or project. All standing citizen advisory boards, committees and commissions shall be governed by LOC Article
12.50, except that if application of a provision of LOC Article
12.50 conflicts with an applicable state statute, the state statute shall prevail. The specific enabling provisions for each standing advisory board, committee and commission are contained in LOC Article
12.51.
[Ord. No. 2091,
Enacted, 4-19-1994]
1. "Ad Hoc Committee" means a temporary committee
appointed for a specific term to accomplish a specific task or project.
Ad hoc citizen committees shall be established by resolution of the
Council. The resolution shall set forth the term of the committee,
the task or project to be accomplished, the time line for completion
of the task or the project, and such other direction as the Council
deems appropriate.
2. "Advisory Board" means a standing committee, that is not required by state law, appointed by the Council to advise and make recommendations to the Council regarding topics as specified in the Committee’s enabling provision. Advisory Boards shall be created by general ordinance amending LOC Article
12.51.
3. "Commission" means a standing committee that is required by state law or to which the Council has delegate final decision making authority. Commissions shall be created by a general ordinance amending LOC Article
12.51, except where a commission is appointed pursuant to an independent state mandate.
4. State statutory committees: Where state
law requires a committee to have a specific name, such as in the case
of the Budget Committee, that name shall supersede the distinctions
created by this section.
[Ord. No. 2091,
Enacted, 4-19-1994; Ord.
No. 2151, Amended, 6-24-1997; Ord. No. 2336, Amended, 11-5-2002; Ord. No. 2361, Amended, 8-5-2003; Ord. No. 2415, Amended, 7-19-2005; Ord. No. 2476, Amended, 12-21-2006; Ord. No. 2890, Amended, 3-17-2022; amended 11-21-2023 by Ord. No. 2941]
1. The Mayor, with the approval of the City
Council by resolution, shall appoint persons to positions or vacancies
on advisory boards, committees or commissions. The Council or City
staff may interview or otherwise screen applicants for such positions
as they deem appropriate.
2. Qualifications for appointment and term of office for a position on a City advisory board, committee or commission shall be as provided in the enabling provision for such board, committee or commission in LOC Article
12.51. If a position becomes vacant before the expiration of the term, the Council shall appoint a person to fill the vacancy for the remainder of the term. Initial terms for a newly created advisory board, committee or commission shall be staggered in the resolution of appointment so that a majority of the positions do not become vacant in the same year and so that an equal or approximately equal number of positions become vacant each year. The term of office for positions on an ad hoc committee shall be established in the resolution creating the committee. If a member of an advisory board, committee or commission is qualified pursuant to the enabling provision at the time of appointment but later ceases to be qualified, the member may nonetheless complete the appointed term. If the Council fails to appoint a successor prior to the expiration of a term of office, the predecessor shall continue in office until a successor is duly appointed.
3. Upon the annual expiration of membership
terms for a board, committee or commission, the Council, in addition
to appointing members for new terms, may also appoint up to two alternates
to fill any membership position that becomes vacant before the expiration
of its term during the following year.
4. Upon filling a vacancy in a membership
position with one of the alternates, the Council may appoint an additional
alternate to serve for the balance of the year preceding the next
annual expiration of membership terms for that board, committee or
commission.
5. No person shall be appointed to a position
on a particular board, committee or commission for more than two consecutive
full terms. The Council may, in its discretion, make exceptions to
this limitation in the event of extenuating circumstances including,
but not limited to, occasions when a large change in board membership
creates a need to retain experienced members or when necessary to
meet the membership qualification requirements of the board, committee
or commission.
6. Except as provided in LOC §
12.51.025, no person shall be appointed to serve simultaneously on more than one of the standing boards, committees or commissions established under LOC Article
12.51.
7. When making appointments, the Council shall
consider the diversity of the membership of boards, committees and
commissions.
8. Except as otherwise provided in LOC Article
12.51, or as to the Planning Commission, as otherwise required or limited by ORS
227.030, members of all City advisory boards, committees and commissions shall serve at the pleasure of the Council. An advisory board, committee or commission may recommend removal of one of its members to the City Council for misconduct or nonperformance of duty. "Misconduct" includes failure to declare a conflict of interest and failure to comply with any applicable requirement of the Lake Oswego Code. "Nonperformance of duty" includes absence from three or more consecutive meetings, or absence from four or more meetings within any twelve-month period if the board, committee, or commission meets 12 or fewer times within that period; or absence from six or more meetings if the board, committee, or commission meets 13 or more times within that period.
[Ord. No. 2091,
Enacted, 4-19-1994]
All advisory boards, committees and
commissions, and any subcommittees thereof, shall comply with the
State of Oregon Public Records Law, Public Meetings Law, Code of Ethics,
laws regarding conflicts of interest, and any other applicable state
laws. Each committee, advisory board, committee or commission shall
be responsible for ensuring that its subcommittees comply with these
laws.
[Ord. No. 2091,
Enacted, 4-19-1994; Ord.
No. 2336, Amended, 11-5-2002;
amended 11-21-2023 by Ord. No. 2941]
1. Each advisory board, committee and commission shall elect a Chair and a Vice-Chair from its membership at its first regular meeting of each calendar year (Exception: LOC §
12.51.015(4) for the Budget Committee). Nothing in this subsection shall prevent appointment of Co-Chairs, as the advisory board, committee or commission deems appropriate. Co-Chairs shall divide or share the powers and duties of the Chair as the advisory board, committee or commission deems appropriate. Members are ineligible to serve as an Officer during the year when they will be considered for reappointment. No member shall serve more than two consecutive one-year terms as either Chair or Co-Chair.
2. The Chair shall:
a.
Set the agenda. Any member of the
committee, advisory board, committee or commission may request that
an item of business appear on the agenda. The advisory board, committee
or commission may by majority vote compel that item be placed on the
agenda.
c.
Be responsible for maintaining communication
with the Council liaison and City staff assigned to the Committee.
d.
Call special meetings. A quorum of
the members of the advisory board, committee or commission may also
call a special meeting.
3. The Vice-Chair shall exercise the duties
of the Chair in the Chair's absence.
4. City staff shall serve as secretary to
the committee. Staff shall be responsible for recording member attendance
and informing the advisory board, committee or commission if and when
a member exceeds the permitted number of absences outlined in LOC
§ 12.50.15(8). The City Manager shall determine which Department
or staff person shall staff an advisory board, committee or commission.
[Ord. No. 2091,
Enacted, 4-19-1994; Ord.
No. 2392, Amended, 7-6-2004]
1. Quorum: A majority of the members of an advisory board, committee or commission, not including a member who holds a position specifically designated in LOC Article
12.51 for a person less than 18 years old, shall constitute a quorum for the conduct of business.
2. Vote: Except as otherwise expressly provided
by the City Code or other applicable law or regulation, the concurrence
of a majority of members present and eligible to vote shall be necessary
to decide any question.
3. Meetings: An advisory board, committee or commission, in consultation with staff, shall establish a regular meeting at such time, interval, and place as the advisory board, committee or commission deems necessary. Special meetings may be called as provided in LOC §
12.50.025.
4. Rules of Procedure: An advisory board,
committee or commission may from time to time adopt and amend rules
of procedure consistent with the laws of the state, the City Charter,
and any other applicable provisions of the City Code.
5. Recommendations: All recommendations to
the Council shall be made in writing, signed by the Chair.
6. Subcommittees: No advisory board, committee
or commission shall appoint a standing subcommittee, an outside advisory
committee or an ad hoc subcommittee without first obtaining approval
of the City Council. The City Council may approve, deny or modify
the request to create a subcommittee. Prior to voting to request the
Council to approve creation of a subcommittee, the advisory board,
committee or commission shall first request and consider a report
from staff regarding the costs and time involved in staffing such
a subcommittee. Any request to form such subcommittees shall be submitted
to the City Council in writing and shall contain:
a.
An explanation of the function of
and need for the subcommittee;
b.
The number and any qualifications
of its members;
c.
The staff analysis of the cost and
time involved in staffing the subcommittee; and
d.
If the subcommittee is an ad hoc
subcommittee, a deadline for completion of the ad hoc subcommittee’s
responsibilities.
[Ord. No. 2091,
Enacted, 4-19-1994; Ord.
No. 2151, Amended, 6-24-1997; Ord. No. 2361, Amended, 8-5-2003; amended 11-21-2023 by Ord. No. 2941]
1. Council Authority. The City Council is
the elected legislative and policy making body of the City. Unless
governed by a specific state mandate, advisory boards, committees
and commissions are appointed pursuant to the Council’s authority
and shall have only those powers and functions as expressly delegated
by the Council. Generally, advisory boards, committees and commissions
are expected to provide advice and recommendations to the Council
and help the Council implement the Council goals. Council members
may attend meetings of the affected advisory board, committee or commission.
A councilor may not speak on behalf of the City Council at a board,
committee or commission meeting unless authorized to do so by the
Council.
2. Annual Meeting. The City Council shall
hold an annual meeting with each standing advisory board, committee
and commission except the Budget Committee. The purpose of such meeting
will be to note accomplishments, to address concerns and to discuss
issues related to the duties and activities of the advisory board,
committee or commission. Annual meetings of related advisory boards,
committees or commissions may be held jointly, as the Council deems
appropriate.
3. Council Liaison. Each year the Council
may appoint a liaison from its members to each advisory board, committee
and commission. The purpose of the Council liaison is to provide a
direct line of communication between the advisory board, committee
or commission and the City Council. The Council liaison and the chair
of the affected advisory board, committee or commission shall have
joint obligation to keep the Council and the advisory board, committee
or commission informed of relevant City or advisory board, committee
or commission information. The Council liaison to each advisory board,
committee and commission shall be rotated annually.
4. Expenditure of Funds. No advisory board,
committee or commission shall have the authority to expend City funds,
or to obligate the City for payment of any sum of money, except as
expressly delegated or authorized by prior approval by the City Council.
5. Additional Duties and Projects. In addition to the duties established for each advisory board, committee or commission in its enabling provision contained in LOC Article
12.51, the City Council may assign an advisory board, committee or commission such other duties or projects as the Council deems appropriate.
6. Dissolution. The City Council shall periodically
review each advisory board, committee and commission to determine
the continued need for the appointed body. If the Council determines
that the advisory board, committee or commission is no longer needed,
it may by resolution dissolve the body. Review may be initiated by
Council or at the request of the advisory board, committee or commission.