The Council shall review its rules at least once every four years. Amendments shall be adopted by a majority vote. The Council has an obligation to be clear and simple in its procedures and consideration of the questions coming before it. The Council rules are not intended to replace or supersede any applicable federal or state laws or regulations, city ordinances or policies, or provisions of the City Charter.
(Ord. 2007-05 §1)
Unless otherwise provided by federal or state law or administrative rule or modified by these rules, the procedure for Council meetings shall be governed by Robert's Rules of Order. The Council has an obligation to the citizens to be clear and simple in its procedures and in the consideration of the questions coming before it. Therefore, Councilors should avoid invoking the finer points of parliamentary procedure when such points serve only to obscure the issues before the Council as a whole, or to confuse the audience at public meetings and the citizens in general.
(Ord. 2007-05 §1)
A. 
The Mayor. The Mayor shall preside at all meetings of the Council and shall be the recognized head of the city for all ceremonial purposes. The Mayor shall have all duties and privileges of any Councilor, and shall not be denied any right or privilege by reason of the Mayor's position as Presiding Officer.
B. 
Council President. At the first meeting of each year, the Council shall elect a president from its membership. In the event of the Mayor's absence from any Council meeting, the Council President shall act as the Presiding Officer. Whenever the Mayor is unable, on account of absence, illness or other cause, to perform the functions of the office, the Council President shall act as Mayor Pro Tem.
C. 
Temporary Chair. In event of the absence of the Mayor and Council President, the City Attorney shall call the Council to order and call the roll of the members. If a quorum is present, those Councilors present shall elect, by majority vote, a temporary chair for that meeting. Should the Mayor or Council President arrive, the temporary chair shall relinquish the chair immediately upon the conclusion of the item of business then in consideration before the Council.
D. 
Privileges Not Affected by Status. The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilor by reason of acting as the Presiding Officer.
(Ord. 2007-05 §1; Ord. 2012-01 §1)
The City Attorney, or in the City Attorney's absence, the City Manager, shall be the parliamentarian, and shall advise the presiding officer on any questions of order.
(Ord. 2007-05 §1)
A. 
Regular meetings to conduct Council business will be held on the 2nd and 4th Wednesdays of each month unless canceled by the Mayor for good cause.
B. 
Work sessions may be held prior to each City Council meeting. Work sessions and agendas will be developed by the City Manager in consultation with the City Council, or by motion with Council approval or by concurrence of the Council.
C. 
Special meetings or work sessions may be called by the Mayor or Council President in the absence of the Mayor or by a majority of the Council. Final decisions shall not be made at work sessions.
D. 
Executive sessions will be held in compliance with the Oregon Public Meetings law.
E. 
Minutes of regular meetings, special Council meetings and work sessions will be taken as provided by the Oregon Public Records law.
F. 
Telephone/electronic meetings may be held in compliance with the Oregon Public Meetings law. Councilors may participate and vote in Council meetings via telephone, electronically, or by other means consistent with the Oregon Public Meetings law.
G. 
Attendance at meetings is expected of Councilors who should use their best efforts to attend all Council meetings. Councilors will inform the Mayor and the City Manager if they are unable to attend any meeting. Additionally, the Mayor will inform the Council President and the City Manager regarding any absence by the Mayor.
(Ord. 2007-05 §1; Ord. 2019-07 §§1—3)
A. 
Order. The order of business for Council meetings is generally as follows:
•
Call to Order
•
Flag Salute
•
Roll Call
•
Consent Agenda/Approval of Minutes
•
Communications—Written and Verbal
•
Awards and Recognitions
•
Public Hearing
•
Continuing Business
•
New Business
•
Ordinances and Resolutions
•
Proclamations
•
Reports and Announcements
•
Executive Session
•
Adjournment
B. 
Preparation. The City Manager/Mayor shall prepare an agenda of the business to be presented at a regular Council meeting. Wherever possible, it is desirable that no item of business be added to an agenda after 12:00 noon on the Friday prior to a regular Council meeting. The agenda packet containing all agenda bills will be available for the City Council and public on the Friday afternoon prior a regular Council meeting.
C. 
Councilors may place an item on a Council agenda by motion or with the Mayor's approval. Any two members of the Council may place an item on the agenda over the objection of the Mayor. The City Manager shall be notified. Councilors will endeavor to have subjects they wish considered submitted in time to be placed on the agenda. Agendas will generally be set to allow meetings to end no later than 9:30 p.m. If the Council is still in session at 9:30 p.m., then the Council will decide whether to continue with the agenda or move items to a future agenda.
D. 
In the event of an emergency, the City Manager may place an item on the agenda. The City Manager shall strive to provide 24 hours notice to the Council and the news media.
(Ord. 2007-05 §1)
A. 
Councilors will conduct themselves so as to bring credit upon the City government by respecting the rule of law, ensuring non-discriminatory delivery of public services, keeping informed concerning the matters coming before the Council and abiding by all Council decisions, whether or not the member voted on the prevailing side.
B. 
Councilors will assist the Mayor to preserve order and decorum during Council meetings and may not, by conversation or other actions, delay or interrupt the proceedings or refuse to obey the orders of the Mayor or Council rules. When addressing staff or members of the public, Councilors will confine themselves to questions or issues under discussion and not engage in personal attacks, or impugn the motives of any speaker.
C. 
The following ground rules will be observed to maintain order and decorum during Council discussions:
1. 
Councilors will strive to gather necessary information and ask questions of City staff before meetings. During regular public meetings, questions should be directed to staff through the City Manager.
2. 
Councilors will have an opportunity to speak at least once on any pending motion or agenda item.
3. 
Councilors will not speak on behalf of the Council, unless they have been authorized by the Council to do so.
4. 
Except for minor revisions or corrections, which shall be approved by motion or consensus, Councilors shall not attempt to amend or revise prepared ordinances during public meetings. Amendments to proposed ordinances may be appropriate, but input from the City Manager or the City Attorney will be sought to accomplish the Councilors' objectives.
5. 
Councilors will be open, direct and candid in the Council forum. Members should be brief and succinct in stating their views and focus on a single issue or topic at any one time.
6. 
Councilors will focus on City issues and avoid becoming involved in issues not properly within the purview of the Council.
7. 
The Mayor will recognize Councilors wishing to speak in the order of their requests. The Mayor will provide a Councilor with an opportunity to speak before recognizing another Councilor. Councilors will not interrupt another Councilor who has the floor.
8. 
Councilors will not disguise statements as questions or use repetitions as a way to convince others.
9. 
Councilors will keep discussions moving and call for a "process check" if the Council becomes bogged down in discussions.
10. 
Councilors may by motion set time limits on discussions.
11. 
Councilors will not publicly criticize or attack each other, City staff or other persons. Councilors will not personally attack each other, City staff or other persons.
12. 
If a Councilor wishes to discuss a major policy issue that is not on the agenda, it should be raised during new business for consideration at a future work session or meeting, not during the current meeting.
13. 
City staff and others attending Council meetings shall observe the same rules of procedure, decorum and conduct as Councilors.
14. 
While addressing or attending a Council meeting, any person who disrupts proceedings may be removed if directed by the presiding officer. In the event the presiding officer fails to act, this rule may be enforced by motion approved by a majority vote. A Sergeant-at-Arms may be appointed by the presiding officer to preserve decorum.
15. 
Councilors should obtain the appropriate permission before representing another Councilor's view or position to the media.
(Ord. 2007-05 §1; Ord. 2010-12 §2; Ord. 2011-01 §1)
A. 
Citizen and community group sign-up forms will be available at each regular business meeting. At the time on the agenda designated for public comment and during any public hearing, any member of the public desiring to address the Council must first request to be recognized by the Mayor and then state their name and address for the record. The Council may set time limits for comments. The Council may request that groups with like comments choose a spokesperson to present joint remarks.
B. 
During public meetings, all public comments should be directed to the question under discussion and addressed to the Mayor representing the Council as a whole.
C. 
In general, Councilors will not respond to comments made during the public comment agenda time, except to ask clarifying questions. Any public requests for Council action will be referred to staff and reviewed before placing on a future agenda.
(Ord. 2007-05 §1)
A. 
Councilor motions will be clearly and concisely stated. The minute taker will take down the name of the Councilor who made the motion and the Councilor who made the second.
B. 
The motion maker, Mayor, or City Manager should repeat the motion prior to voting.
C. 
Most motions die if they do not receive a second. Motions for nominations, withdrawal of a motion, agenda order, roll call votes, and a point of order do not require a second.
D. 
Discussion of a motion is open to all Councilors who wish to address the motion. A Councilor may speak more than once on each motion unless a motion to call the previous question is adopted. A Councilor must be recognized by the Mayor before speaking.
E. 
The Mayor will ask for a voice vote for all final decisions. All Councilors are expected to vote on each motion unless they are disqualified for some reason. A Councilor who does not vote must state the basis for any conflicts of interest or other disqualification. The City Recorder will maintain a record of the votes. Any Councilor may request a roll call vote on any motion.
F. 
At the conclusion of any vote, the Mayor will announce the results. Councilors who wish to explain the reasons for their votes must do so briefly and succinctly.
G. 
Withdrawal. A motion may be withdrawn by the mover at any time without the consent of the Council.
H. 
Tie. A motion that receives a tie vote fails.
I. 
Table. A motion to table is not debatable and precludes all amendments or further debate. If the motion prevails, the item may be taken from the table only by a motion approved by a majority vote.
J. 
Postpone. A motion to postpone to a certain date is debatable and amendable. A motion to postpone indefinitely is a motion to reject without a direct vote and is debatable and not amendable.
K. 
Call for Question. A motion to "call for the question" or to "move the previous question" ends debate on the item and is not debatable. This motion is out of order unless each Councilor wishing to speak on the item has had at least one opportunity to speak. A second is required for this motion. When the question is called, the Mayor will inquire whether any Councilor objects. If there is an objection, the matter will be put to a vote, and it fails without a two-thirds vote. Debate may continue if the motion fails. Two-thirds shall be defined as follows:
1. 
If four members of the Council are present, three affirmative votes are required.
2. 
If five members of the Council are present, three affirmative votes are required.
3. 
If six members of the Council are present, four affirmative votes are required.
4. 
If seven members of the Council are present, five affirmative votes are required.
L. 
Amendment. A motion to amend may be made to a previous motion that has been seconded, but not voted on. Amendments will be voted on first, then the main motion as amended (or not amended). Motions to adjourn, agenda order, table, point of order, take from table, and reconsider may not be amended.
M. 
Reconsideration. When a motion has been decided, any Councilor who voted with the majority may move for reconsideration. A motion for reconsideration may only be made at the meeting at which the motion on the ordinance, resolution, order or other decision was approved.
(Ord. 2007-05 §1)
A. 
Representing City. In all statements relating to public issues or policies, a Councilor shall take care to state whether his or her comments are personal opinions or represent the official position of the city.
B. 
Censure.
1. 
The Council may make and enforce its own rules and ensure compliance with city and state laws applicable to governing bodies. If a Councilor substantially violate these rules or state law, the Council may take action to protect Council integrity and discipline the Councilor with a public reprimand, by motion approved by the Council.
2. 
A motion to censure shall include a public statement by the maker as to the grounds or basis for the motion. Upon being seconded, a vote on a motion to censure shall be placed on the agenda under new business for the next regular Council meeting, but no sooner than two weeks from the date of the motion, in order for the Councilor who is the subject to the censure motion to have time to prepare an explanation or a defense.
3. 
Discussion on the motion to censure shall occur at the next regular Council meeting. The presiding officer shall grant the Councilor who is the subject of the motion a reasonable opportunity to present a defense or explanation. Documents relevant to the Councilor's explanation or defense may be presented to the Council for consideration. In its deliberations, the Council may seek clarification of any points raised in the explanation or defense. The presiding officer shall then call for a vote on the motion to censure.
(Ord. 2007-05 §1; Ord. 2008-17 §1)
A. 
Councilors will keep all written materials provided to them on matters of confidentiality under law in complete confidence to insure that the city's position is not compromised. No mention of the information read or heard should be made to anyone other than other Councilors, the City Manager or City Attorney.
B. 
If the Council meets in executive session, members should attempt to provide direction or consensus to staff on proposed terms and conditions for negotiations. All contact with other parties must be left to the designated staff or representative(s) handling the negotiations or litigation. Councilors may not have any contact or discussions with any other party or its representatives nor communicate any executive session discussion.
C. 
All public statements, information or press releases relating to a confidential matter will be handled by designated staff or a designated Councilor.
D. 
Unless required by law, no Councilor may make public the discussions or information obtained in executive session. Council may censure a member who discloses a confidential matter or otherwise violates these rules.
(Ord. 2007-05 §1)
A. 
Council will respect the separation between policy making (Council function) and administration (City Manager function) by:
1. 
Working with the staff as a team with a spirit of mutual respect and support.
2. 
Not attempting to influence a city employee or the City Manager concerning personnel matters, purchasing issues, the award of contracts or the selection of consultants, the processing of development applications or granting of city license and permits. However, the sharing of ideas on these matters is appropriate.
3. 
Except during work sessions, limiting individual contacts with city staff to the City Manager so as not to influence staff decisions or recommendations, to interfere with their work performance, to undermine the City Manager authority or to prevent the full Council from having benefit of any information received.
B. 
All written informational material requested by Councilors will be submitted by staff to the entire Council with a notation stating who requested the information.
C. 
The Mayor will refer any comments or questions regarding city personnel or administration to the City Manager. The Mayor may redirect other questions to a Councilor or the City Manager, as appropriate. Councilors may also address questions directly to the City Manager, who may either answer the inquiry or ask a staff member to do so.
D. 
In keeping with Oregon's open meetings law, members of the Council shall not use telephonic or electronic communications with each other, serially or in conference, as a means of developing policy or working toward consensus on issues, unless such deliberations are properly noticed.
E. 
Members of the Council shall take care to retain official correspondence and e-mails in accordance with Oregon's public records law.
(Ord. 2007-05 §1; Ord. 2012-01 §2)
A. 
Minutes will be prepared with sufficient detail to meet their intended use. Verbatim minutes are not required. The minutes of meetings of the Council will comply with provisions of ORS 192.650 by containing the following information at a minimum:
1. 
The name of Councilors and staff present;
2. 
All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;
3. 
The result of all votes, including ayes and nays and the names of the Councilors who voted;
4. 
The substance of the discussion on any matter;
5. 
Reference to any document discussed at the meeting.
B. 
The Council may amend the minutes to more accurately reflect what transpired at the meeting. Upon receipt of the minutes in the Council agenda packet, the Councilor should read and submit any changes, additions or corrections to the City Manager during or prior to the work session immediately preceding a Council meeting.
C. 
The City Recorder or designee will make an audio recording of all meetings except for executive sessions. The City Recorder will maintain custody of all recordings, but a Councilor may obtain a copy of any recording. A Councilor may obtain a meeting transcript or partial transcript if it can be produced with nominal staff time. If a transcript would require a significant amount of staff time, the City Recorder may only produce the transcript with Council approval. The City Recorder is authorized to produce transcripts as required by law.
(Ord. 2007-05 §1)
A. 
Upon motion and majority vote of the Councilors present, any meeting of the Council may be continued or adjourned from day to day or for more than one day. No adjournment may be for a period longer than until the next regular meeting.
B. 
Upon the request of two or more Councilors a short recess may be taken during a Council meeting.
C. 
A motion to adjourn will be in order at any time except as follows:
1. 
When made as an interruption of a member while speaking; or
2. 
While a vote is being taken.
(Ord. 2007-05 §1)
A. 
Any proponent, opponent or other party interested in a quasi-judicial matter to be heard by Council may challenge the qualification of any Councilor to participate in such hearing and decision. Any challenge must state any fact(s) relied upon by the party relating to a Councilor's bias, pre-judgment, personal interest or other factor from which the party has concluded the Councilor should not participate and may not make an impartial decision. Such challenges must be made prior to the commencement of the public hearing. The Mayor will give the challenged member an opportunity to respond. A motion to accept or deny the challenge will be accepted and voted upon by the Council. Such challenges and the Council's decision will be incorporated into the record of the hearing.
B. 
In quasi-judicial matters, each Councilor must disclose participation in a prior decision or action on the matter that is before the Council. Common examples include when a Planning Commission member is elected or appointed to the City Council or when a Councilor testifies at a Planning Commission meeting. The Councilor must state whether the member can participate in the hearing with no regard for the prior decision made. If the Councilor is unable to be impartial, the member has a duty not to participate in proceedings and leave the Council table.
C. 
If the Council believes that the member is actually biased, it may disqualify the member by majority vote from participating in a decision on the matter. A Councilor who has been disqualified from participating in a decision may participate in the proceeding as a private citizen.
D. 
Generally, conflicts of interest arise in situations where a Councilor, as a public official deliberating in a quasi-judicial proceeding, has an actual or potential financial interest in the matter before the Council. Under state law, an actual conflict of interest is defined as one that would be to the private financial benefit of the Councilor, a relative or a business with which the Councilor or a relative is associated. A potential conflict of interest is one that could be to the private financial benefit of the Councilor, a relative or a business with which the Councilor or a relative is associated. A relative means the spouse, children, siblings or parents of the public official or public official's spouse. A Councilor must publicly announce potential and actual conflicts of interest and, in the case of an actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue.
(Ord. 2007-05 §1)
A. 
For quasi-judicial hearings, Councilors should refrain from ex parte contacts relating to any issue of the hearing. Ex parte contacts are those contacts by a party on a fact in issue under circumstances that do not involve all parties to the proceeding. Ex parte contacts may be either oral statements when other interested parties are not present or written information that other interested parties do not receive.
B. 
If a Councilor has ex parte contact prior to a hearing, the member must reveal the contact at the meeting and before the hearing. The Councilor must describe the substance of the contact and the Mayor will announce the right of interested persons to rebut the substance of the communication. The Councilors also will state whether such contact affects their impartiality or ability to vote in the matter. The Councilor must state whether the member will participate or abstain.
C. 
For quasi-judicial hearings, a Councilor who was absent during the presentation of evidence may not participate in any deliberations or decision regarding the matter, unless the Councilor reviews all the evidence and testimony received.
(Ord. 2007-05 §1)
A. 
Councilors must review and observe the requirements of the State Ethics Law (ORS 244.010 to ORS 244.390) dealing with use of public office for private financial gain.
B. 
Councilors must give public notice of any conflict of interest or potential conflict of interest and the notice will be reported in the meeting minutes. In addition to matters of financial interest, Councilors will maintain the highest standards of ethical conduct and assure fair and equal treatment of all persons, claims and transactions coming before the Council.
C. 
In accordance with ORS 244.195, it is each Councilor's responsibility to file statements of economic interest with the Government Standards and Practices Commission.
(Ord. 2007-05 §1)
A. 
Requests to the City Attorney for legal advice may not be made by a Councilor without the concurrence of a majority of the Council or the Mayor.
B. 
Before requesting research or other action by the City Attorney, Councilors are encouraged to consult with the City Manager to determine if the request or action can be accomplished more cost-effectively.
C. 
Outside a Council meeting, a Councilor should direct requests of the City Attorney through the City Manager or the Mayor.
D. 
Exceptions to this are issues related to the performance of the City Manager and unique/sensitive personal, yet City business-related, requests. These requests must be made through the Mayor.
(Ord. 2007-05 §1)
A. 
Criteria. The standards, criteria, and policy directives used in the evaluation of the City Manager will be adopted at a regular Council meeting in accordance with state law.
B. 
Process.
1. 
Councilors will make written comments in response to the evaluation.
2. 
Evaluation sessions will be scheduled in accordance with the employee's decision on whether to hold the evaluation in open or executive session.
3. 
At evaluation sessions, Council summary comments and individual Councilor comments will be made. The City Manager will have an opportunity to respond to all comments. The effect of the evaluation on the City Manager's employment contract will be discussed. Sufficient time will be allotted for the evaluation discussion with the City Manager.
4. 
Councilors will then complete their individual evaluations and convene to discuss overall evaluation of the City Manager and reach a consensus.
5. 
Council will then reconvene with the City Manager to review final performance evaluation and discuss compensation.
C. 
Contract. The City Attorney will prepare any employment contract amendments to the City Manager's contract. Contracts normally will be approved as a consent agenda item at the next regular Council meeting.
(Ord. 2007-05 §1)
Reimbursement. The Council shall receive a monthly reimbursement for expenses, the amount to be set appropriately by the Mayor and Council.
(Ord. 2007-05 §1)
A. 
Appointments to boards and commissions shall be made as provided in the City Charter.
B. 
Each board, commission and committee will annually report to the Council on their activities for the previous year at a regular City Council meeting. The report will be prepared in a format prescribed by the Council.
(Ord. 2007-05 §1; Ord. 2011-01 §1; Ord. 2011-09 §1; Ord. 2019-04 §1)
A. 
The Council recognizes the important role of the news media in informing the public about the decisions, activities and priorities of government. Work space shall be reserved for members of the news media at Council meetings in order that proceedings may be observed and heard clearly. See also Executive Sessions.
B. 
A member of the news media is someone who:
1. 
Represents an established channel of communication, such as a newspaper or magazine, radio or television station, and either:
2. 
Regularly reports on the activities of government or the governing body, or
3. 
Regularly reports on the particular topic to be discussed by the governing body.
(Ord. 2007-05 §1)
A. 
A department director or manager shall not spend or commit more than $5,000.00 of budgeted funds without approval of the City Manager.
B. 
Subject to Section 34.d.1. of the City of Molalla Charter, the City Manager shall receive Council approval prior to making any budgeted expenditures in excess of $100,000.00 that are outside the scope of regular daily city operations.
C. 
The City Manager shall receive Council approval prior to making any expenditures, regardless of the dollar amount, if the contemplated expenditure is not included in the adopted budget for the given fiscal year in which the contemplated expenditure is to be made.
(Ord. 2007-05 §1; Ord. 2011-01 §1; Ord. 2012-01 §3; Ord. 2017-09 §1)
Unless otherwise provided in ORS 192.410—192.990, Oregon's public records law, no member of the Council may review personnel records of current or former employees of the City of Molalla without approval of a majority of the Council.
(Ord. 2010-12 §1)