Council Rules

Unless otherwise provided by law 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, and confuse the audience at public meetings and the citizens in general.

Rule 2: The Presiding Officer

(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 calendar 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 Chairman. 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 Chairman for that meeting. Should the Mayor or Council President arrive, the Temporary Chairman 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 Council member by reason of acting as the Presiding Officer.

Rule 3: City Attorney to be the Parliamentarian

The City Attorney shall be the Parliamentarian, and shall advise the Presiding Officer on any questions of order.

Rule 4: Council Meetings

(a) Regular Council Meetings. The Council shall hold three regular meetings per month, provided, however, that the Presiding Officer, or Council by majority vote, may cancel not more than one meeting during any given month. All meetings shall be evening meetings, to be held on the first, second and fourth Monday of each month. Meetings shall be called to order at 6:30 p.m., and shall adjourn no later than 10:00 p.m. In the event a regularly scheduled meeting falls on an official holiday, the meeting shall be held at the same hour on the next following day which is not a holiday.

(b) Special Meetings. Special meetings may be called by the Presiding Officer, by request of any five Councilors, or by the City Manager. Notice shall be given to each Councilor, the City Manager, and the business office of each local newspaper and radio and television station which has on file a written request for notice of special meetings, and may be delivered by mail, by electronic facsimile (FAX), or by personal delivery.

(c) Executive Sessions. Executive sessions may be called by the Presiding Officer, by the request of five Councilors, the City Manager or the City Attorney. Only Council members, the City Manager, and persons specifically invited by the Council or the City Manager shall be allowed to attend executive sessions. Representatives of recognized news media may attend executive sessions, other than those sessions during which the Council conducts deliberations with persons designated to carry on labor negotiations. No matter discussed during executive session may be disclosed by any person present during such session.

(d) Location of Meetings. Council meetings shall be held within the jurisdictional boundaries of the City. Training sessions may be held outside the City limits, if no deliberations toward a decision are made. Inter-jurisdictional meetings may be held outside City limits, but should be as close to Salem as practical. No Council meeting shall be held at any place where discrimination on the basis of an individual's race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. For this purpose, meetings do not include visitations or attendance at any national, regional, or state association to which the Councilor belongs.

(e) Notice of Regular Meetings, Special Meetings, Emergency Meetings. Advance notice of at least 24 hours shall be provided for all regular and special meetings and executive sessions. In the case of emergency meeting or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons justifying the lack of 24 hour notice shall be included in the minutes of such meeting. Notice for all meetings shall include written notice to all news media which requested notice.

(f) Public Attendance. Except for properly called executive sessions, all meetings shall be open to the public.

Rule 5: Order of Business and Agenda

(a) Order of Business. The order of business for all regular meetings of the Council shall be as follows, provided, however that when it appears to be in the best interest of the public, the order of business may be changed for any single meeting by two-thirds vote:

1) opening exercises (includes call to order, roll call, pledge of allegiance, announcements, proclamations)

2) reports of boards, commissions, and committees

3) public comment (agenda items)

4) consent calendar (includes minutes and action items with resolutions)

5) special orders of business (includes consideration of items deferred from the consent calendar and any action item which requires a selection among options, or consideration of matters of special importance to the Council)

6) unfinished business (any business held over from a previous meeting, other than public hearings and ordinances, which are placed under public hearings and ordinances)

7) public hearings (includes deliberations, and deliberations from hearings held over from previous meetings)

8) ordinances

9) management reports

10) public comment (other than agenda items)

11) new business (includes Mayor and Councilor items)

12) adjournment

(b) Agendas. The Clerk of the Council shall prepare an agenda for every regular meeting, and, if requested by the Presiding Officer, for every special meeting. Agendas and informational material for regular meetings shall be distributed to the Council no later than the Friday preceding the meeting. No Council approval shall be required for an agenda of any regular meeting; agendas for special meetings shall be approved by majority vote of the Council.

(c) Placement of Items on the Agenda.

(1) The City Manager may place routine items and items referred by staff on the agenda without Council action.

(2) Any item placed on the consent calendar, management report, or matter raised during public comment may be placed on a subsequent agenda as a "special order of business" upon majority vote of the Council.

(d) Removal of Items from the Agenda. The City Manager may remove any item on the consent agenda, any item of old business, any resolution, or any ordinance placed for first reading from the agenda at any time prior to the time the meeting is convened. The Presiding Officer shall announce such removal under "opening exercises."

(e) Postponement of Consideration Prior to the Meeting. Any Councilor may request that consideration of an agenda item be postponed to a subsequent meeting, if the Councilor is unable to attend the meeting during which the item has been scheduled for consideration. Any Councilor requesting postponement of consideration shall submit a request to the City Manager in writing as early as possible. The request to postpone should be honored unless the matter must be acted upon at that meeting due to deadlines or other matters of timing.

(f) Proclamations and Awards. At the first regular meeting of each month, the first agenda item shall be used to acknowledge special recognition and awards given to the City of Salem, or for the Mayor to announce proclamations which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. These items shall be included under "opening exercises." Requests for proclamations should be submitted in writing to the Mayor.

(g) Consent Calendar. In order to expedite the Council's business, the approval of minutes, and other routine agenda items shall be placed on the Consent Calendar. All items on the Consent Calendar will be approved by a single motion, unless the item is pulled for further consideration. Any item on the Consent Calendar may be removed for separate consideration by any member of the Council. For the purposes of this rule, separate consideration means any proposal to adopt a different course of action than that recommended in the staff report, or a determination that debate on a proposed course of action is deemed desirable, any questions to staff on any item, and any item where a Councilor must declare a conflict of interest.

(h) Special Orders of Business. Except as otherwise required by these rules, items removed from the Consent Calendar for separate consideration shall be considered as a Special Order of Business and part of the next scheduled item on the agenda. Agenda items that are deferred from the Consent Calendar, that require the selection from among options, or that are of special importance to the Council shall be treated as Special Orders of Business.

(i) Public Hearings. Public hearings shall commence no later than 7:30 p.m., and any pending order of business shall be deferred until such time as the hearings have concluded. Unless otherwise required by law or Council motion, public hearings shall be scheduled by the City Manager, and may be rescheduled without further action by the Council.

(j) New Business. The agenda shall provide a time when the Mayor or any Councilor may bring before the Council any new business that the Mayor or Councilor feels should be deliberated upon by the Council. Any Councilor requesting an item of new business be placed on the agenda should submit the request to the City Manager, in writing, not later than 9:30 a.m. the Wednesday preceding the Council meeting. Any item of new business provided after this deadline as an addition to the agenda shall not be acted upon at the meeting where first presented.

Rule 6: Communications

(a) Anonymous and unsigned communications shall not be introduced in Council meetings.

(b) Unsolicited communications to the Mayor and Council concerning matters not on the agenda shall be forwarded to the Council in the agenda packet, but shall not be itemized as an agenda item. Any unsolicited communication which raises a matter of general interest to the City may be brought up at the meeting under new business and placed on a subsequent agenda for further action.

(c) The City Manager may, in the City Manager's discretion, bring any matter raised by an unsolicited communication to the attention of the Council as an agenda item, provided that such communication is accompanied by a staff report setting forth the reason the matter should be considered by the Council, and making a recommendation for Council action.

Rule 7: Minutes

(a) Minutes of all regular, special meetings and emergency meetings shall be comprised of a "final action agenda" and a recording of the meeting in electronic form. Minutes of all executive sessions and work sessions shall be comprised of a recording of the meeting in electronic form. Minutes shall be maintained in the office of the City Recorder.

(b) The "final action agenda" shall contain the following information:

(1) The date, time and place of the meeting or session;

(2) The names of the members recorded as either present or absent;

(3) Any motions, and amendments thereto, a record of all votes taken, and general description of all matters considered during the meeting.

(c) Approval of the minutes shall not require review of the electronic recording of the meeting or reading of the final action agenda in open meeting prior to approval. The final action agenda may be revised at any time by the City Recorder to correct spelling, numbering and other technical defects. Prior to approval, any member may request the amendment or correction of the final action agenda to accurately reflect the substance of any motion, amendment or matter considered during the prior meeting. If objection is made by any Council member to such amendment or correction, the amendment or correction shall only be made upon majority vote of the Council.

Rule 8: General Decorum

(a) Presiding Officer. The Presiding Officer shall preserve decorum and decide all points of order, subject to appeal to the Council.

(b) Councilors. Councilors shall preserve order and decorum during Council meetings, and shall not, by conversation or other action, delay or interrupt the proceedings or refuse to obey the orders of the Presiding Officer or these Rules. Councilors shall, when addressing staff or members of the public, confine themselves to questions or issues then under discussion, shall not engage in personal attacks, shall not impugn the motives of any speaker, and shall at all times, while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their office.

(c) Staff and Public. Members of the administrative staff, employees of the City and other persons attending Council meetings shall observe the same rules of procedure, decorum and good conduct applicable to the members of the Council.

(d) Removal of Any Person. Any person who makes personal, impertinent, slanderous or unauthorized remarks or who becomes boisterous while addressing the Council or attending a Council meeting shall be removed from the room if the Sergeant at Arms is so directed by the Presiding Officer. In case the Presiding Officer should fail to act, any member of the Council may obtain the floor and move to require enforcement of this rule; upon affirmative vote of the majority of the Council present, the Sergeant-at-Arms shall be authorized to remove the person or persons, as if the Presiding Officer so directed.

(e) Enforcement of Decorum. The City Manager, or such member or members of the Salem Police Department as the City Manager shall designate, shall serve as the Sergeant-at-Arms of the Council meetings and shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum.

Rule 9: Rules of Debate

(a) Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

(b) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.

(c) The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(d) Any Councilor may call for the question at any time. The Presiding Officer shall then ask whether any Councilor has further comments, and, if no Councilor requests the floor, vote shall be immediately taken.

Rule 10: Consideration of Business

(a) Quorum. A majority of the Council shall constitute a quorum to do business. A lesser number may meet and adjourn from time to time and compel the attendance of absent members.

(b) Voting. Upon demand by any member of the Council, a roll call vote shall be made upon any question before the Council. No Councilor may explain the reasons for his or her vote during the roll call.

(c) Procedure Generally. When the question has been called for, the Presiding Officer shall first ask for the Ayes followed by the Nays. After a vote has been taken the Presiding Officer shall announce the results of the vote, and, unless the vote is unanimous, the vote of the members by name.

(d) Voting Required. Every member present when a question is called shall vote either Aye or Nay, unless the Council, by unanimous consent, excuses a member for a special reason or unless a member has a conflict of interest under applicable law, in which case no consent is required. There shall be no debate on such a request. Unless excused pursuant to this rule, if any member refuses or fails to vote, and the result of such refusal creates a tie, that member's vote shall be counted as an aye; in all other situations, that member's vote shall be counted with the majority. If a member is excused from voting as provided by this rule, that member may be counted toward making up a quorum, but shall not be counted toward the minimum number of votes required to pass or reject a motion.

(e) Minimum Votes Required in Certain Situations. The passage of any ordinance shall require the affirmative vote of at least a majority of the whole membership of the Council.

(f) Ayes and Nays. The results of every vote and the vote of each member by name shall be entered upon the record.

(g) Tie Vote. In case of a tie in votes on any proposal, the proposal shall be considered lost. If a tie vote occurs in the appeal of any quasi-judicial matter, the decision by the lower level decision maker shall be affirmed.

Rule 11: Motion to Reconsider

A motion to reconsider any action taken by the Council may be made no later than the close of the next following regular meeting of the Council. Such motion must be made by one of the prevailing side, but may be seconded by any member, and shall have precedence over all other motions or while a member has the floor and shall be debatable.

Rule 12: Substitute Motions

A substitute motion is a motion which proposes to replace a pending main motion in its entirety. If seconded, debate on the relative merits of the main motion and the substitute motion shall be in order. If approved, a substitute motion shall stand as the main motion, and the original main motion shall be deemed to have been rejected; if the substitute motion is rejected, vote shall proceed to the main motion.

Rule 13: Councilors May File Protests against Council Action

Any Councilor shall have the right to have the reasons for his or her dissent from, or protest against, any action of the Council entered in the minutes.

Rule 14: Council Requests of Staff

A Councilor who desires major policy, ordinance research, or other major staff assistance must first raise the issue at a regular meeting. If the request of staff requires more than one hour of staff time, the request shall be approved by the Council as a whole before staff time is utilized. Councilor requests that involve less than one hour staff time may be approved by the City Manager without Council action.

Rule 15: Public Comment

(a) Two periods for public comment will be reserved for every regular meeting of the Council. Each period shall not exceed a maximum of thirty minutes, unless a majority of Councilors present vote to extend the time. Subject to the limitations contained in subsection (e) of this section, the first period for public comment shall be limited to items placed on the agenda, and the second period of public comment shall be used to comment on any issue of City business, other than agenda items.

(b) Persons wishing to speak during public comment must sign the "Speaker's Roster" with the person's name and address and the topic upon which the person wishes to speak, not later than the end of the opening exercises. The Presiding Officer shall inform the audience of the requirement to sign up to speak immediately after the pledge of allegiance.

(c) Members of the public may speak about any topic during the last period for public comment, except as provided in subsection (d) of this rule.

(d) If a member of the public wishes to speak on an item that is scheduled for a public hearing at that same meeting, the speaker shall wait until that public hearing. Public comment shall not be used to testify about a quasi-judicial land use matter, to testify on an item that is not a public matter, to testify on a matter which has been or is scheduled to be heard by a hearings official, or to provide or gather additional testimony or information on any matter after the official record has been closed on any matter which has been the subject of a public hearing.

(e) Speakers are limited to three minutes. Generally, the speakers will be called upon in the order in which they have signed in on the Speaker's Roster. No persons will be allowed to sign the Speaker's Roster after the period for public comment has started.

(f) Should there be more speakers than can be heard for three minutes each during either of the thirty minute periods provided for public comment, the Presiding Officer shall sort the requests to speak in order to afford the greatest opportunity for each topic to be heard.

(g) Councilors may, after obtaining the floor, ask questions of speakers during public comment. Councilors shall use restraint when exercising this option, and shall attempt to limit questioning to no more than three minutes. The Presiding Officer may intervene if a Councilor is violating the spirit of this guideline.

Rule 16: Public Hearings Generally

(a) A public hearing may be held on any matter upon majority vote of the Council. Public hearings shall occur only at regular evening meetings.

(b) Persons wishing to speak shall sign the "Hearing Roster" with the person's name and address prior to the commencement of the public hearing at which the person wishes to speak. The Presiding Officer shall inform the audience of this requirement to sign up at the beginning of the meeting and immediately prior to the commencement of a public hearing.

(c) The City Recorder shall announce at the commencement of any public hearing the subject of the hearing as it is set forth on the agenda. The Presiding Officer shall then declare the hearing open and invite members of the general public to address the Council.

(d) Each person shall, prior to giving testimony, give his or her name and address. All remarks shall be addressed to the Council as a body and not to any member thereof.

(e) Except as otherwise provided in these rules, speakers will be limited to three minutes. Councilors may, after recognition by the Presiding Officer, ask clarifying or follow up questions of individuals providing testimony after that individual has completed his or her testimony. Questions posed by City Councilors should be to provide clarification or additional information on testimony provided. Questions should not be used as an attempt to lengthen or expand the testimony of the individual. Councilors shall be expected to use restraint and be considerate of the meeting time of the Council when exercising this option. The Presiding Officer may intervene if a Councilor is violating the spirit of this guideline. At the end of the Public Hearing, each member of the Council has the opportunity to comment on or discuss testimony given during the Public Hearing.

(f) The Presiding Officer may exclude or limit cumulative, repetitious, or immaterial matter. The Presiding Officer may order the testimony, alternating those speaking in favor and those in opposition, or having all speaking in favor testifying, followed by all those in opposition. The Presiding Officer, with the approval of Council, may further limit the time and/or number of speakers at any public hearing; provided that the Presiding Officer shall announce any such restrictions prior to the commencement of the testimony. In the event of large numbers of interested persons appearing to testify, the Presiding Officer, to expedite the hearing, may in lieu of testimony call for those in favor of the pending proposal or those in opposition to rise and direct the Clerk of the Council to note the numbers in the minutes.

Rule 17: Liquor Application Investigation Board

(a) The Liquor Application Investigation Board is authorized to investigate and review applications for the issuance of new and renewal liquor licenses. The Liquor Application Investigation Board shall consist of the Councilor of the ward within which the establishment for which the application has been filed is located and the Councilor of the adjacent ward nearest to such location. The Councilor of the ward in which the establishment is located shall chair the Board. The Police Chief and the City Attorney shall advise the Board.

(b) The City Manager shall convene a meeting of the Board in the event any member of the Board questions the propriety of favorable recommendation to the Oregon Liquor Control Commission (OLCC) on the application for a new or renewed liquor license. The Board may conduct such investigation as it deems necessary to determine whether an unfavorable recommendation should be made to the OLCC. The Board may request an extension of time from the OLCC to consider the application.

(c) In the event the Board determines an unfavorable recommendation should be made to the OLCC, the chair of the Board shall submit a report to the Council supporting such recommendation, which shall be placed on the agenda at the earliest possible time.

(d) Upon receipt of the report supporting an unfavorable recommendation, the Council shall set a public hearing on the application. Notice of the hearing shall be published in a newspaper of general circulation in the City. The notice shall specify the time, date, and location of the hearing and the business name and address of the applicant, and shall contain a statement that public testimony may be given for or against the application and that written comments may be submitted to the City Recorder at any time prior to the hearing.

(e) The City Recorder shall cause notice of the hearing to be served upon the applicant personally or by registered or certified mail postmarked not later than ten days prior to the hearing. In addition to the information required under subsection (d) of this Rule, the notice shall be accompanied by a copy of the Board's report recommending an unfavorable recommendation to the OLCC; and a statement that the applicant may be represented by legal counsel at the hearing, which shall be provided at the applicant's sole expense.

(f) In determining whether to make an unfavorable recommendation to OLCC, the Board and the Council shall apply the criteria authorized by OLCC administrative rules. (Amendment by Resolution Nos. 2004-77 and 2004-132)

Rule 18: Procedure for Filling Vacancies on the Council, Planning Commission and Budget Committee

(a) The Boards and Commissions Appointments Committee shall be a standing committee of the City Council, responsible for reviewing and making recommendations for filling council vacancies and vacancies on the Planning Commission and Budget Committee.

(b) When a council vacancy occurs under Section 20(1) of the City of Salem Charter, orwhen a vacancy occurs on the Planning Commission or Budget Committee, the City Manager shall publish notice of the vacancy. The notice shall state that any person who is interested in and qualified to fill the vacancy may submit a resume setting forth his or her qualifications and background and a statement of the reasons he or she wishes to be considered to fill the vacancy. The notice shall also state that the application materials shall be filed with the City Manager, and the deadline for submission, which shall be set by the Council. Any person who makes a timely submission and meets the qualifications established by law to fill the vacancy shall be deemed placed in nomination.

(c) After the deadline for the filing of application materials, the Boards and Commissions Appointments Committee shall review the application materials and determine whether the nominees have established they are qualified and otherwise eligible to serve. After such review, the Boards and Commissions Appointments Committee shall forward its recommendations for persons to be interviewed to the Council, at which time the Council shall determine which nominees will be interviewed and set a date for interviews.

(d) If an incumbent seeks reappointment to the Planning Commission or Budget Committee, the Boards and Commissions Appointments Committee shall review the incumbent's record and either recommend to the Council that the incumbent be reappointed or the position declared open. If reappointment is recommended and the Council as a whole concurs, the incumbent will be reappointed without interviews with the other nominees; if the Council as a whole does not concur, the position will be declared open. If the Committee recommends opening the position, the Council as a whole may, in its discretion, declare the position open or reappoint the incumbent without interviews with the other nominees. A decision to open the position does not exclude the incumbent from consideration for reappointment, but the incumbent must participate in the interview process.

(e) When the Council has completed its review of the qualifications of nominees and interviews, the Presiding Officer shall call for a nominating vote. Those persons receiving the two largest number of votes shall be designated as the nominees on the final ballot; provided, any nominee that receives a majority of all votes cast in the nominating election shall be deemed appointed to fill the vacancy. The person receiving the largest number of votes in the final ballot shall be appointed to fill the position. In the event no nominee receives a majority of all votes cast, additional ballots shall be taken until one of the nominees receives the required majority. If only one person is qualified and otherwise eligible to fill the position, the Council may direct the City Recorder to enter a unanimous ballot for the nominee.

(f) All ballots shall be in writing, and signed by the Councilor casting the vote. The City Attorney shall tally the vote and announce the results.

(g) When a council vacancy occurs under Section 20(1) of the City of Salem Charter, and only one candidate has been nominated at the primary election or the candidate has been elected at the general election, as the case may be, it is the council policy to appoint that person to fill the council vacancy for the remainder of the unexpired term.

(h) In order to maintain geographic balance, the appointive members of the budget committee shall consist of one elector from each ward and one elector from the City at large. (Amendment by Resolution No. 2004-77)

Rule 19: Conduct of Hearings on Land Use Matters

(a) General Conduct of Hearings.

(1) Any party may speak in person, through an attorney, or elect to have a representative from an officially recognized neighborhood association present the party's case.

(2) A copy of any written testimony or physical evidence which a party desires to have introduced into the record at the time of hearing shall be submitted to the City Recorder at the time the party makes his or her presentation. If the testimony or evidence is not submitted to the City Recorder, it shall not be included in the record for the proceeding.

(3) No person may speak more than once without obtaining permission from the Presiding Officer.

(4) Upon being recognized by the Presiding Officer, any member of the Council, the City Manager, City staff or the City Attorney may question any person who testifies.

(5) Testimony shall be directed towards the applicable standards and criteria which apply to the proposal.

(6) The Presiding Officer may exclude or limit cumulative, repetitious, or immaterial testimony. To expedite hearings, the Presiding Officer may call for those in favor and those in opposition to rise, and the City Recorder shall note the numbers of such persons for the record in the minutes.

(b) Quasi-Judicial Land Use Matters.

(1) Scope of Review. All appeals and Council-initiated review in quasi-judicial land use proceedings shall be de novo, unless the Council, upon majority vote, determines to hold the hearing on the record.

(2) Conflicts of Interest; Ex Parte Contacts.

(A) A Councilor shall not participate in the discussion or vote in a quasi-judicial land use matter if:

(i) The Councilor has an actual conflict of interest as defined by SRC 12.015(1), ORS 244.020(1), or ORS 244.120 or is prohibited from participating under Section 62 of the Salem City Charter;

(ii) The Councilor was not present during the public hearing; provided, however, the Councilor may participate if the Councilor has reviewed the evidence, including recordings of the hearing, and declares such fact for the record.

(B) Councilors shall reveal any ex parte contacts with regard to the proceeding at the commencement of any quasi-judicial land use matter. If such contacts impair the Councilor's impartiality, the Councilor shall state this fact, and abstain from participation in the matter.

(3) Burden of Proof; Standards and Criteria.

(A) The proponent has the burden of proof on all elements of the proposal, and the proposal must be supported by proof that it conforms to all applicable standards and criteria.

(B) The decision shall be based on the applicable standards and criteria set forth in the Salem Revised Code, the Salem Area Comprehensive Plan, and, if applicable, any other land use standards imposed by state law or administrative rule.

(C) The applicant and any opponents may submit to the hearing body a set of written findings or statements of factual information which are intended to demonstrate the proposal complies or fails to comply with any or all applicable standards and criteria.

(4) Hearings Procedure. The order of hearings in quasi-judicial land use matters shall be:

(A) Land Use Hearing Disclosure Statement. The City Recorder shall read the land use disclosure statement, which shall include:

(i) A list of the applicable criteria;

(ii) A statement that testimony, arguments and evidence must be directed toward the applicable criteria or other criteria in the plan or land use regulation which the person believes to apply to the decision;

(iii) A statement that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the board based on that issue; and

(iv) If applicable, a statement that a failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court.

(B) Call for ex parte contacts. The presiding officer shall inquire whether any member has had ex parte contacts. Any Councilor announcing an ex parte contact shall state for the record the nature and content of the contact.

(C) Call for Abstentions. The presiding officer shall inquire whether any member must abstain from participation in the hearing due to conflicts of interest. Any Councilor announcing a conflict of interest shall state the nature of the conflict, and shall not participate in the proceeding, unless the vote is necessary to meet a requirement of a minimum number of votes necessary to take official action; provided, however, that the Councilor shall not participate in any discussion or debate on the issue out of which the conflict arises.

(D) Staff summary. Planning staff shall present a summary and recommendation concerning the proposal.

(E) Presentation of the case.

(i) De Novo Evidentiary Hearings. New evidence and argument are permitted by any party, and any issue may be raised, even if not raised before the hearings body.

(a) Proponent's case. (10 minutes total).

(b) Persons in favor. (3 minutes per person).

(c) Neighborhood Associations. Appearance by a representative from any officially recognized neighborhood association which includes the affected area to present the association's position on the proposal. (5 minutes total).

(d) Appellant's case (if the Appellant is other than the Proponent). (10 minutes total).

(e) Persons opposed. (3 minutes per person).

(f) Other interested persons. (3 minutes per person).

(g) Rebuttal and Surrebuttal. (3 minutes). Rebuttal may be presented by the proponent. The scope of rebuttal is limited to matters which were introduced during the hearing. If new evidence is submitted by the proponent during rebuttal, the appellant shall have the opportunity for surrebuttal.

(ii) Hearings on the Record. Argument shall be limited to the evidence and testimony included in the record before the hearings body.

(a) Proponent's argument. (10 minutes total).

(b) Appellant's argument (if the Appellant is other than the Proponent). (10 minutes total).

(c) Rebuttal. Rebuttal shall be limited to issues raised by the Proponent's argument. (3 minutes).

(F) Close of hearing. No further information shall be received after the close of the hearing, except for specific questions directed to staff. If the response to any such questions requires the introduction of additional factual evidence, all parties shall be afforded an opportunity for simultaneous rebuttal.

(G) Deliberations and Decision. Deliberations shall immediately follow the hearing. The Council may delay deliberations to a subsequent time certain.

(5) Findings and Order. The Council may affirm, modify, reverse, or remand the hearings body's decision. In the event the decision is modified or reversed, the Council shall adopt findings to support its decision. The Council may incorporate findings proposed by the proponent, the opponent, staff, the hearings officer or the planning commission in its decision, or may direct the prevailing party to prepare draft findings for consideration by the Council.

(6) Reopened hearings. The hearing may be reopened by the Council, upon majority vote, prior to decision, to receive additional testimony, evidence or argument. Notice shall be provided to the same persons who received notice of the original hearing.

(7) Continuances/Holding the Record Open.

(A) Procedure When Hearing Does Not Constitute the First Evidentiary Hearing. If additional evidence or documents are provided by any party after the date the staff report is made available to the public, the Council may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the date for closing the record requested by an applicant shall result in a corresponding extension of the 120-day time limitations set forth under ORS 227.178-227.179.

(B) Procedure When Hearing Constitutes the First Evidentiary Hearing. Prior to the conclusion of a quasi-judicial proceeding which constitutes the first evidentiary hearing on the matter, any party may request an opportunity to present additional evidence, arguments or testimony regarding the proposal. Upon such request, the Council shall either continue the hearing or hold the record open as provided in this subsection.

(i) Continuances.

(a) If the Council grants a continuance, the hearing shall be continued to a time certain at least seven days after the date of the hearing. The continued hearing shall provide an opportunity for persons to present and rebut new evidence, arguments and testimony.

(b) If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments or testimony for the purpose of responding to the new written evidence.

(c) Only one continuance is available of right under this subsection; provided, however, nothing in this subsection shall restrict the Council, in its discretion, from granting additional continuances.

(ii) Holding the Record Open.

(a) If the Council holds the record open for additional written evidence, arguments or testimony, the record shall be left open for at least seven days after the close of the hearing.

(b) Any participant may file a written request with the City Recorder for an opportunity to respond to any new evidence submitted during the period the record was left open. Any such request shall be filed no later than the end of the last business day the record is held open. If such a request is filed, the Council shall reopen the record.

(iii) Reopening the Record.

(a) If the record is reopened, any person may submit additional evidence, arguments or testimony to respond to the new evidence or new testimony submitted during the period the record was left open, or raise new issues or make new arguments which relate to the new evidence, new arguments or new testimony. Notice of the reopened record shall be provided to any person who presented evidence or testimony in the proceedings prior to the date the record was reopened.

(b) The order of proceedings when the record is reopened shall be as follows:

(I) Persons in favor. (3 minutes per person).

(II) Persons opposed. (3 minutes per person).

(III) Proponent's rebuttal. (5 minutes).

(iv) Presentation of Final Written Argument. Unless waived by the proponent, the proponent shall have at least seven days after the record is closed to all other parties to submit final written argument in support of the proposal. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence.

(v) Effect on 120-Day Rule. Any continuance of the hearing or extension of the date for closing the record which is agreed to or requested by the proponent shall result in a corresponding extension of the 120-day time limitations imposed by ORS 227.178-227.179. A seven-day period for submittal of final written argument provided to the proponent shall likewise result in a corresponding extension of the 120-day time limitations. Any other continuance or extension shall be subject to the 120-day time limitations.

(C) As used in this subsection:

(i) "Argument" means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent of a decision. "Argument" does not include facts.

(ii) "Evidence" means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards and criteria believed by the proponent to be relevant to the proposal.

(c) Conduct of Hearings on Legislative Land Use Matters

(1) Hearings Procedure. The order of proceedings for hearings on legislative land use matters shall be:

(A) Call for abstentions. Inquire whether any member of the Council wishes to abstain from participation in the hearing. Any Councilor announcing an abstention shall identify the reason therefor and shall not participate in the proceedings.

(B) Staff summary. Staff shall present a statement of the applicable criteria, and a summary and recommendation concerning the proposal.

(C) Persons in favor. (3 minutes per person).

(D) Officially recognized neighborhood association within the affected area. (3 minutes).

(E) Persons opposed. (3 minutes per person).

(F) Other interested persons. (3 minutes per person).

(G) Response. The Council, upon majority vote, may allow any person testifying in favor, to respond to any testimony by a person opposed to the proposed change. (3 minutes per person).

(H) Close of hearing. No further information shall be received after the close of the hearing, except for responses to specific questions directed to staff.

(I) Deliberations and Decision. Deliberations shall immediately follow the hearing. The Council may delay deliberations to a subsequent time certain.

(2) Reopening hearing. Prior to second reading of an ordinance relating to a legislative land use matter, and upon majority vote of the Council, a hearing may be reopened to receive additional testimony, evidence or argument. The same notice requirements shall be met for the reopened hearing as were required for the original hearing.

Rule 20: Ordinances

(a) Numbering. Proposed ordinances shall be known as ordinance bills. The City Recorder shall number all ordinance bills with a consecutive identification number during each calendar year, in the order of their introduction. Each number shall be followed by the last two digits of the year in which the ordinance was introduced. Each ordinance shall have the name of the member or members introducing or sponsoring the ordinance noted on the adopted bill.

(b) Preparation and Introduction.

(1) All ordinance bills shall, before presentation to the Council, have been approved by the City Attorney or the City Attorney's designee.

(2) Ordinances must be introduced by a member of the Council, except that the City Manager or City Attorney may present ordinances to the Council, and any Council member may assume sponsorship thereof by moving further action on such ordinance; otherwise, the ordinance shall not be considered.

(3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed.

(c) Calendar of Bills.

(1) An ordinance is introduced for consideration by the Council by presentation for first reading. After introduction, the Council may direct that a public hearing on the ordinance be held, refer the ordinance to committee for review and recommendation, refer the ordinance to the City Manager for further revision, pass the ordinance to second reading, or reject the ordinance in whole or in part.

(2) All ordinances when introduced for first reading shall be identified by title and number on a Calendar of First Reading and may be passed to second reading as a group without further reference.

(3) Except as otherwise provided by this rule, on second reading all ordinances shall be placed by title and number on a Calendar of Second Reading, and may be passed as a group, provided that the vote for the passage of the calendar is unanimous.

(4) Should any member of the Council object to any ordinance at time of second reading, that ordinance shall be removed from the Calendar of Second Reading, and considered separately. Ordinances to be considered separately shall be read by title only.

(5) When the Calendar of Second Reading or an ordinance which is to be considered separately is placed before the Council for final passage, the Clerk of the Council shall call the roll and enter the ayes and nays in the record of the Council proceedings (6) All proposed amendments to an ordinance bill shall be in writing, and may be made by interlineation upon the bill.

(d) No second reading of any ordinance shall occur at the meeting where it is introduced, except by suspension of this rule, and no ordinance shall be passed at a single meeting, except by unanimous vote for passage by all Councilors present.

(e) An affirmative vote of at least five members of the Council shall be necessary to pass an ordinance.

(f) When an ordinance is rejected by the Council, and is not reconsidered as provided by these rules, neither the ordinance, nor any other ordinance which contains substantially the same provisions, shall be considered by the Council for a period of not less than six months, unless at least five members of the Council petition for earlier consideration. (Amendment by Resolution No. 2004-110)

Rule 21: Designation of "Guest Councilor"

(a) Each Councilor shall be allowed to designate a person as "Guest Councilor" to fill the seat of the Councilor at a regular meeting in the event of his or her absence. In the event of an extended absence or a vacancy in a council seat, the Council as a whole may designate persons to serve in the capacity of "Guest Councilor" until such time as the successor takes office. A person designated as Guest Councilor must be an elector and a resident of the ward of the Councilor whose seat is being filled, and can serve as Guest Councilor only once each year. Employees of the City of Salem and the spouses and immediate family members of city employees are not eligible for designation as Guest Councilors.

(b) A Councilor shall make such designation by giving notice of the name and address of the person so designated to the Presiding Officer and the City Manager. If the designation arises because of an extended absence or a vacancy, the recommendation for designation shall be forwarded to the Council as a whole as a "Mayor's Item" or "Councilor's Item," as the case may be. If approved by consensus, the person so recommended shall serve at the next council meeting, or, if more than one person is designated, the City Manager shall schedule the persons for council meetings at mutually acceptable times. Upon designation, the City Manager shall have the agenda packet delivered to the person for the Council meeting at which the person will serve.

(c) No person filling the seat of a Councilor pursuant to this rule may make or second any motion or vote on any matter coming before the Council. Guest Councilors shall not attend executive sessions of Council. At any regular meeting where a Guest Councilor is filling the seat of a Councilor, the Chair shall, at the beginning of the meeting, introduce the person to the other Councilors and to the public. At any one regular meeting, no more than two Guest Councilors may attend.
(Amendment by Resolution No. 2004-72)

Rule 22: Suspension and Amendment of Rules

(a) Except as otherwise provided by the Salem City Charter, any provision of these rules may be temporarily suspended by a vote of two-thirds of the Councilors present. The vote on any such suspension shall be taken by ayes and nays and entered upon the record.

(b) These rules may be amended, or new rules adopted, by a vote of two-thirds of the Councilors present, provided that the proposed amendments or new rules have been introduced into the record at a prior Council meeting not less than ten days prior to Council action on the proposed amendment or adoption.

RESOLUTIONS AMENDING COUNCIL RULES

(Council Rules First Adopted February 24, 1857)

1.	93-23	Amending Council Rule 3 - setting Liquor Application Investigation Committee and the Boards and Commissions Appointments Committee as standing committees of Council; with an effective date of 3/18/93
2.	93-137	Amending

Table of Contents

Rule 1: Roberts Rules Adopted