The city council shall hold a regular meeting at least once a month. The regular meeting of the city council may be held on the second and fourth Mondays of each month at 6:00 p.m. on the third floor at City Hall, Council Chambers, 801 SW Highway 101, Lincoln City, Oregon.
(Ord. 87-1 § 1; Ord. 87-20 § 1; Ord. 95-3 § 1; Ord. 2011-08 § 1)
In the conduct of the business of the council, the order of business at a regular meeting shall be substantially as follows, except as otherwise provided in LCMC § 2.04.027 for time certain agenda items:
A. 
Roll call;
B. 
Pledge of allegiance;
C. 
Consent agenda;
D. 
Council deliberations;
E. 
Comments from citizens present on agenda items not involving public hearings or public comment. (This agenda item for public comment does not authorize or enter into the record comments on an item where the public hearing (or record) is closed);
F. 
Presentations;
G. 
Public hearings/public comments;
H. 
Ordinances (ordinances may be advanced and considered immediately following a public hearing on the ordinance);
I. 
Resolutions (resolutions may be advanced and considered immediately following a public hearing on the resolution);
J. 
Special order of business, if any;
K. 
City manager and city attorney reports;
L. 
Actions, if any, based on work session, executive session or citizen comment;
M. 
Additional comments from citizens present on nonagenda items. (This agenda item for public comment does not authorize or enter into the record comments on an item where the public hearing (or record) is closed);
N. 
Announcements or comments by city council;
O. 
Adjournment.
A special meeting, emergency meeting, executive session, or work session meeting of the city council need not follow the above order of business and such meetings do not require an opportunity for public comment. "Work" or "work session" meetings allow for council discussion, but not council action.
(Ord. 87-1 § 2; Ord. 89-10 § 1; Ord. 95-25 § 1; Ord. 99-1 § 1; Ord. 2003-12 § 1; Ord. 2015-01 § 1; Ord. 2018-04 § 1; Ord. 2021-01 § 1)
A. 
Items may be included on the council agenda as "consent" or "regular" agenda items. The printed council agenda shall clearly distinguish the consent from the regular agenda items. The city recorder shall make an appropriate designation if none otherwise has been assigned.
B. 
The consent agenda may include any matter for council consideration except:
1. 
Ordinances;
2. 
Appeals of land use decisions or other land use matters requiring a hearing under state law;
3. 
Any matter that will increase a department's or fund's budget; or
4. 
Any matter designated for placement on the regular agenda at the time of establishment of the agenda.
C. 
The consent agenda shall be positioned on the council agenda in accord with LCMC § 2.04.020.
D. 
An item designated for the consent agenda may be removed from the consent agenda by a council member or any individual prior to council vote on the consent agenda. A request to remove an item from the consent agenda shall be made either to the city recorder prior to the beginning of the council meeting or orally at the meeting prior to the vote on the consent agenda. When removed, items shall be considered individually at the end of the consent agenda at the same council meeting.
E. 
At any meeting at which there is a consent agenda, all items on the consent agenda shall be voted on by a single council vote. It shall not be necessary that there be a reading of the titles or the effect of items on the consent agenda. Items on the consent agenda shall not be subject to amendment or debate. Action on the consent agenda shall require a unanimous vote of all council members present.
(Ord. 2003-12 § 2)
A. 
Any agenda item may be designated as "time certain," with consideration of the item to begin at a designated time during a council meeting rather than when the item is reached in the agenda order.
B. 
The council agenda shall clearly distinguish time certain items from all other items. Each item designated as a time certain item shall include the time at which consideration of the item will begin, and an estimate of the amount of time to be devoted to the item.
C. 
At the beginning of each council meeting, the city recorder shall remind the council of any time certain item on the council agenda.
(Ord. 2003-12 § 3)
The presiding officer shall be the mayor. The mayor shall be deemed a member of the council and shall have the same rights as other council members in addition to other powers established by Charter or ordinance. The mayor shall preserve order and decorum, recognize council members seeking the floor, speak on all questions of order in preference to any other member, and shall decide on all questions of order subject to an appeal from the council. In cases of appeal from the decision of the chair, the chair shall always have the last right to debate and shall state the questions as follows: "Shall the decision of the chair be upheld?"
(Ord. 87-1 § 3)
No motion shall be debated until it has been seconded and distinctly stated by the chair and shall have been reduced to writing if so desired by any member. It shall be read by the recorder when required by members for information. A motion may be withdrawn at any time before amendment.
(Ord. 87-1 § 10)
All questions shall be voted on by affirmation except those involving ordinances and any matter that will increase a department's or fund's budget, in which case a roll call shall be had (in alphabetical order for the first motion of each meeting and rotating in alphabetical order with each successive motion of the meeting). If the presiding officer doubts, or if a division of the council is called for, a roll call shall be had. Every member who shall be present when a question is put shall vote for or against the same, unless the council shall excuse him.
(Ord. 87-1 § 4; Ord. 2009-14 § 1)
When a question has been decided, it shall be in order for any member who voted in the majority to move for a reconsideration thereof, provided the motion to reconsider is made the same day of the passage of the matter in question; but no motion for the reconsideration of a vote shall be made after the ordinance, resolution or act has gone out of the possession of the council.
(Ord. 87-1 § 7)
The mayor shall appoint, from among the members of the council, members of ad hoc committees, when the need for a committee arises.
(Ord. 87-1 § 5)
Whenever it is desired that the council go into a committee of the whole, the presiding officer shall leave the chair and appoint a chairman of the committee of the whole, who shall report the proceedings of the committee to the council.
(Ord. 87-1 § 8)
All resolutions shall be in writing and numbered consecutively in the order in which they are received.
(Ord. 87-1 § 9)
All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority vote of the council, the mayor, city manager, or prepared by the city attorney with the approval of the mayor or city manager.
(Ord. 87-1 § 11)
The chief of police, or such member or members of the police department as he may designate, shall be sergeant-at-arms of the council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meetings. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms or any of them present to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of the ordinances of the city; and violation of this section shall be prosecuted as such on a complaint to be signed by the presiding officer.
(Ord. 87-1 § 12)
No standing rule or order of the council shall be rescinded or suspended except by the unanimous vote of every member present.
(Ord. 87-1 § 6)
All cases not specifically provided for in this chapter or in the Charter of the city shall be governed by the law and precedents laid down in Robert's Rules of Order, Revised Edition.
(Ord. 87-1 § 13)
A person speaking to the council under the agenda item "comments from citizens present" shall be limited to a presentation not exceeding five minutes in length. Where appropriate, the mayor and council may extend or place further limits on such comments as they deem appropriate.
(Ord. 91-21 § 1)
A. 
A record of each city council executive session meeting shall be kept in the form of a sound tape recording. Written minutes shall not be required. The tape of each executive session meeting shall be identified with a label stating "City Council Executive Session" and stating the date of the executive session meeting.
B. 
The city recorder shall be responsible for maintaining possession of tapes of city council executive session meetings. The city recorder shall maintain the tapes, at City Hall, in a secure file or lock-box, accessible only by key maintained by the city recorder.
C. 
Any current city council member may review the tape of any city council executive session meeting. Any current city employee who was present at an executive session meeting may review the tape of any portion of the meeting at which the employee was present. The current city attorney may review the tape of any portion of an executive session meeting at which the city attorney, past or current, was present and, in addition, may review the tape of any executive session meeting for which a copy of the tape has been provided to a court for a determination whether the contents of the tape are admissible in a court proceeding or for a determination whether the executive session was properly held.
D. 
The city recorder shall maintain a written log book, for purposes of identifying each person who reviews executive session tapes. Each person who wishes to review a tape shall enter his or her name, signature, and city position, and the date of the tape reviewed, in the log book prior to reviewing an executive session tape. The city recorder, except as to current council members, shall determine whether the person seeking review was present at the portion of the meeting the person is seeking to review and, if so, shall allow the person to review that portion of the tape. Executive session tapes may be reviewed only at City Hall on equipment provided by the city, under the supervision of the city recorder.
(Ord. 99-5 § 2)
A. 
General. The city council may enforce the city Charter and municipal code (including incorporated council rules), as well as Oregon Revised Statutes applicable to governing bodies. If a member of council violates council rules, city ordinances, the city Charter or state laws applicable to governing bodies, the council may take action to protect the integrity of the council and discipline the member with a public reprimand, censure, citation or, in extreme cases, removal from office (for offenses provided for in the Lincoln City Charter).
B. 
Investigation. The council may investigate the actions of any member of the governing body and may meet in executive session under ORS 192.660(2)(b) to discuss any finding that reasonable grounds exist that a violation of council rules, local ordinance, the city Charter or state laws applicable to governing bodies has occurred. Sufficient notice must be given to the affected member to afford them the opportunity to request an open hearing under ORS 192.660(2)(b).
C. 
Due Process and Sanctions. Due process requirements of notice and the opportunity to be heard will be met with regard to any proceeding to reprimand, censure or remove a member of the governing body. No matter discussed or disclosed in executive session may be discussed or disclosed in any reprimand, censure, or removal proceeding, except by approved motion of the city council and upon advice of the city attorney. Sanctions should be generally geared towards changing problem behavior rather than punitive in nature, and measured against the severity and frequency of the violation(s) and the impact on the city organization and/or council operations and effectiveness.
D. 
Citation. The city governing body, exclusively, may, by motion, initiate a violation citation against a member pursuant to Chapter 1.16 LCMC for violation of council rules. The general penalty provisions of LCMC § 1.04.065 shall apply to any such violation. For continuing violations, each day the offense continues shall be a separate offense.
(Ord. 2017-20 § 2)