[Ord. 88-241, § 1; Ord. 95-583B, § 1; Ord. 02-958A, § 1; Ord. 11-1251, § 1]
For the purpose of this chapter unless the context requires otherwise the following terms shall have the meanings indicated:
ADOPTION
Means the act of the council to approve a motion to adopt an ordinance or resolution.
QUORUM
Means the majority of the members of the council holding office.
[Ord. 79-65, § 1; Ord. 88-241, § 1; Ord. 95-583B, § 1; Ord. 02-954A, § 1; Ord. 07-1164A, § 1]
(a) 
Council President. The Council President is elected by the voters of the region as provided for in the Charter. The Council President has the power and duties described in the Charter.
(b) 
The Council shall, at its first meeting after the first Monday in January of each year, elect one Councilor to serve as its Deputy for the ensuing year. The affirmative vote of the majority of the Council is required to elect the Deputy. The Council may also adopt a resolution establishing such committees as the Council deems necessary for the orderly conduct of Council business. Committee members and committee chairs shall be appointed by the Council President subject to confirmation by the Council by resolution.
(c) 
The Council President will preside at all meetings of the Council and will preserve order and decorum. The Council President is authorized to sign all documents memorializing Council's action on behalf of the Council. The Council President will have a vote on each matter before the Council, but will not make motions unless first relinquishing the position of Council President for the purpose of making such motion.
(d) 
The Deputy shall be the acting Council President in the temporary absence or incapacity of the Council President, and will have the authority and perform the duties of the Council President but shall not receive the salary of the Council President. In the event a vacancy exists in the office of the Council President, the Deputy shall serve as the Acting Council President until a new Council President is elected or appointed pursuant to Metro Code Chapter 9.01. The Acting Council President shall not receive the salary of the Council President.
(e) 
In the absence or incapacity of the Council President and the Deputy, the Council President may designate a Councilor to act as the Temporary Council President.
[Ord. 79-65, § 2; Ord. 88-241, § 1; Ord. 95-583B, § 1; Ord. 02-958A, § 1; Ord. 11-1251, § 1]
A qualified staff person designated by the Chief Operating Officer, shall be present at each meeting of the council and shall provide that the proceedings be recorded as specified in section 2.01.090(b). Sound recordings shall be made of each meeting. Equipment malfunction shall not be a reason to postpone the meeting and shall not negate the minutes. The recorder may temporarily interrupt council proceedings in the event of equipment malfunction, changes of tapes or other cause of short-term loss of recording. The Chief Operating Officer shall also maintain a journal of council proceedings that shall be available to the public during regular office hours.
[Ord. 79-65, § 3; Ord. 80-87, § 1; Ord. 84-176, § 1; Ord. 95-583B, § 1]
The council shall meet regularly on the dates and times established by a resolution adopted by the council. Regular meetings shall be held at a place designated in the published agenda of the meeting. Regular meetings may be adjourned to a specific time and place before the day of the next regular meeting. Published notice of the time and place of an adjourned meeting is not required. Matters included on the agenda of a regular meeting that is adjourned to a later date need not be republished. New matters to be considered at the adjourned meeting shall be published in the same manner as the agenda for a regular meeting.
[Ord. 95-583B, § 1]
The council may conduct work sessions for the purpose of receiving briefings from staff and other invited persons and for discussing issues of interest to the council. Public hearings may be held at work sessions, but are not required. Rules governing work sessions shall be prescribed by resolution.
[Ord. 79-65, § 4; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
The Council President or a majority of the members of the council may call a special meeting of the council provided that at least 24 hours notice is given to the council and the general public. Except for the provisions of this section, special meetings are subject to the same rules as regular meetings. If possible, the agenda and time and place of the meeting should be published in a newspaper of general circulation in the district. If publication is not possible, the provisions for notifying the public of emergency meetings should be followed.
[Ord. 79-65, § 5; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
In case of an actual emergency, the Council President or a majority of the members of the council may call an emergency meeting of the council upon such notice as is appropriate to the circumstances. The agenda shall be limited to the purposes for which the meeting is called. To the extent possible, telephone calls and news releases to the media and interested persons should be made to give public notice of the agenda and time and place of meeting.
[Ord. 94-559A, § 1; Ord. 02-958A, § 1; Ord. 11-1251; Ord. 20-1443; Ord. 22-1483]
(a) 
For any regular meeting or special meeting of the council, council members may attend and participate in the meeting by telephone or other electronic device.
(b) 
The councilor who wishes to participate by electronic means must notify the Council President and Chief Operating Officer in writing before the commencement of the meeting or as soon as reasonably practicable. The Chief Operating Officer will make reasonable efforts to notify all council members when some or all of the members are expected to attend by electronic means.
(c) 
Any emergency meeting may be conducted by electronic means consistent with the Oregon Public Meetings Law.
(d) 
Except for an executive session, the council will make available at least one place where, or at least one electronic means by which, the public entitled to attend the meeting can listen to the communication at the time it occurs. The place provided may be at a place where no council members are physically present.
[Ord. 79-65, § 6; Ord. 84-176, § 2; Ord. 88-241, § 1; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
(a) 
An agenda that sets forth the time, date, and place of the meeting, that includes the title and a brief description of the ordinances and other matters to be considered, and that states that copies of ordinances are available at the office of Metro shall be published in a newspaper of general circulation within the district no more than 10 nor less than three days before a regular meeting of the council. If an executive session will be held, the notice shall state the specific provision of the law authorizing the executive session. Items may be considered at a regular or special meeting that were not included in the published agenda as provided by law.
(b) 
The Council President shall establish the agenda from the agenda items submitted by the councilors, council committees or the auditor. By majority vote of a quorum of the council any matter that has been filed for council consideration shall be considered at a subsequent meeting. The Council President may, at his or her discretion, determine the time by which agenda items must be submitted for inclusion in the next succeeding agenda.
[Ord. 79-65, § 7; Ord. 88-241, § 1; Ord. 91-407A, § 1; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
(a) 
The legislative action of Metro shall be by ordinance.
(b) 
Before an ordinance is adopted, it shall be read at a previous meeting of the council; the title of the ordinance must be included in the written agenda of the meeting at which the ordinance is adopted; the agenda shall be publicized not less than three business days nor more than 10 days before the meeting; and copies of the ordinance shall be available for public inspection at least three business days before the meeting. The reading shall be full and distinct unless at the meeting:
(1) 
A copy of the ordinance is available for each person who desires a copy; and
(2) 
The Council President directs that the reading be by title only.
(c) 
Ordinances may be introduced for council consideration by the council, a councilor or councilors, a committee of the council, the auditor, or by the Chief Operating Officer with the concurrence of the Council President. The council by resolution shall adopt procedures for introduction and consideration of ordinances.
(d) 
Except as provided in Section 38(1) of the Metro Charter, the affirmative vote of at least four members of the council is required to adopt an ordinance. A roll call vote shall be taken on all ordinances. Any ordinance which receives four or more nay votes shall be defeated and shall be filed and receive no further consideration. Any ordinance voted upon and neither adopted nor defeated shall be continued to the next regular meeting.
(e) 
Within seven days after adoption or final adoption of an ordinance, the enrolled ordinance shall be:
(1) 
Signed by the Council President;
(2) 
Attested by the person who served as recording secretary of the council at the meeting at which the council adopted the ordinance; and
(3) 
Filed in the records of Metro.
(f) 
If required by law, a certified copy of each ordinance shall be filed with the Division of Courts Process of Multnomah County, and the county clerks for Washington and Clackamas counties.
(g) 
The provisions of subsection (b) of this section do not apply to an ordinance adopted by the unanimous consent of the council and containing findings on the need for immediate adoption.
[Ord. 79-65, § 8; Ord. 88-241, § 1; Ord. 95-53B, § 1; Ord. 02-958A, § 1]
(a) 
All matters other than legislation and procedural matters coming before the council and requiring council action shall be handled by resolution.
(b) 
Excluding procedural matters, the affirmative vote of a majority of the council is required to adopt a resolution. Procedural matters shall be subject to Robert's Rules of Order, newly revised, unless this Code provides otherwise.
(c) 
Resolutions shall become effective upon adoption unless a later date is specified therein.
(d) 
The council by resolution shall adopt procedures for introducing and considering resolutions. *Note: will require four "yes" votes to adopt resolution.
[Ord. 95-583B, § 1; Ord. 02-958A, § 1; Ord. 11-1251, § 1]
(a) 
A quorum of the council is a majority of the members of the council holding office. If a quorum is present, the council may proceed with the transaction of its business. If fewer councilors are present they may compel absent members to attend.
(b) 
Minutes of each meeting shall include at least the following information:
(1) 
All members of the council present;
(2) 
All motions, resolutions, and ordinances proposed and their dispositions;
(3) 
The results of all votes, and the vote of each councilor by name; and
(4) 
The substance of any discussion on any matter.
(c) 
Minutes of executive sessions may be limited consistent with Oregon Law.
(d) 
The written minutes shall be available to the public within a reasonable time after the meeting, and shall be maintained as a permanent record of the actions of the council by the Chief Operating Officer.
(e) 
The council shall by resolution adopt rules establishing procedures governing conduct of debate on matters considered by the council at council meetings.
(f) 
Council members present, but not voting or not specifically abstaining, shall be counted as voting with the majority. In the event that there is no such majority, such members shall be counted as abstaining.
(g) 
Except for ordinances, the Council President may order the unanimous approval of any matter before the council unless there is an objection from one or more councilors. If there is an objection, then a voice vote shall be taken, unless the objecting councilor requests a roll call vote in which case a roll call vote shall be taken. At each meeting, the council shall rotate the order for each roll call vote so that the councilor who voted first shall vote last on the next roll call vote, except that the Council President shall always vote last on a roll call vote.
(h) 
In the event a matter is the subject of a voice vote or a roll call vote, after the vote is taken the Council President shall announce the result of the votes. Prior to proceeding to the next item on the agenda, or if the item voted upon is the last item on the agenda before adjournment, any member may request that the council change that member's vote in which case the change in vote shall be announced by the Council President and the result of the votes as modified shall also be announced. Upon commencement of the next agenda or adjournment, as the case may be, all votes shall become final and may not be further changed without the unanimous consent of the council.
(i) 
Any matter not covered by this chapter or a rule adopted by the council pursuant to a resolution shall be determined by Robert's Rules of Order, newly revised. The council may by a positive vote of two-thirds of the members of the council authorize the suspension of any rule adopted by a resolution of the council.
(j) 
All meetings of the council, its committees and advisory committees shall be held and conducted in accordance with the Oregon Public Meetings Law.
[Ord. 79-65, § 10; Ord. 95-583B, § 1]
No standing rule of procedure of the council shall be adopted, amended, or repealed except pursuant to a duly adopted resolution approved by the affirmative vote of a majority of the members of the council. Any rule may be suspended by a vote of two-thirds of the members of the council.
[Ord. 79-65, § 11; Ord. 95-583B, § 1]
(a) 
When a matter has been adopted or defeated, any councilor voting on the prevailing side may move for reconsideration of the matter.
(b) 
Notice of the intention to move for reconsideration of an ordinance or resolution must be given orally by the councilor who intends to make the motion prior to adjournment on the same day on which the vote to be reconsidered was taken.
(c) 
Motion to reconsider shall be made and voted on not later than the next regular meeting after the meeting on which the vote to be reconsidered was taken. The motion for reconsideration has precedence over any other motion.
(d) 
A motion for reconsideration must receive the affirmative vote of a majority of the members of the council in order to be adopted.
(e) 
There shall be only one reconsideration of any final vote even though the action of council reverses its previous action.
[Ord. 79-65, § 12; Ord. 91-407A, § 3; Ord. 95-583B, § 1]
Communications from the public both for matters on the agenda and matters not on the agenda may be allowed by the council according to rules and procedures prescribed by resolution.
[Ord. 79-65, § 13; Ord. 80-87, § 2; Ord. 91-407A, § 4; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
(a) 
The general order of business for the council shall be prescribed by resolution.
(b) 
Questions relating to the priority of business shall be decided without debate. The general order of business shall not be varied except upon the affirmative vote of a majority of the council present and voting, a quorum being present.
(c) 
A consent agenda shall be presented for the consideration and vote of the council only at regular meetings. Items may be placed on the consent agenda pursuant to rules establishing criteria adopted by the council by resolution. Copies of the consent agenda shall be printed and distributed to the council prior to consideration.
(d) 
Before calling for the vote on the consent agenda, the Council President shall ask if any councilor objects to any matter on the consent agenda. If any matter on the consent agenda is objected to by a member of the council, that matter shall be removed from the consent agenda and placed upon the regular agenda of the council at a time or place determined by the Council President.
[Ord. 79-65, § 14; Ord. 88-241, § 1; Ord. 91-407A, § 5; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
The council may from time to time establish standing committees as it deems necessary consistent with Section 2.01.010(b). The purpose, structure, membership and responsibilities of any standing committee shall be established by the council by the adoption of a resolution.
[Ord. 89-289, § 1; Ord. 93-481, § 1; Ord. 95-583B, § 1; Ord. 02-958A, § 1]
(a) 
Councilors shall be paid an authorized salary at the same time as regular Metro employees. The amount of the salary shall be as prescribed by law. The annual salary shall be divided into 24 equal payments. If a councilor vacates the office, he or she shall be paid on a pro-rata basis for the number of working days from the last pay period. A councilor may waive all or any portion of an authorized salary by signing a waiver form which indicates the amount of salary waived and the period of time for the waiver. The waiver shall remain in effect until written notice of cancellation is given prior to the commencement of the pay period for which the waiver will no longer be in effect. A councilor who waives a salary must sign a release form at the time of receipt of a salary which releases Metro from any further obligation for the period of time for which the salary is paid.
(b) 
The council by resolution shall adopt guidelines for reimbursement of councilors for expenses incurred in the conduct of business of Metro. The guidelines shall specify the amount each councilor shall be allocated for authorized expenditures, the type of authorized expenditure, and procedures for the request and approval of expenditure reimbursement requests.
(c) 
Pursuant to Metro Charter Section 21(4), the salary paid to members of the Council is the full and exclusive compensation that may be paid to them by Metro. Councilors may not become employees of Metro during their term of office. Councilors shall receive an equivalent benefit (health and welfare coverage) package received by full-time Metro employees but in no event shall such benefits be measured based on any determination of the amount of time devoted to official duties.
[1]
Editor's Note: Former § 2.01.180, Procedures for Appointing a Person to Fill a Vacancy on the Metro Council, was repealed by Ord. 93-517B.