Bogart: Not on agenda, no voting

Oregon’s public meetings law requires city councils to publicly announce their meetings and to include a list of the “principal subjects” councilors will discuss and potentially decide on.

But the law neither mandates that city councils list every item of business on the agenda, nor does the law prohibit councils from voting on topics that aren’t listed on the agenda.

Bogart, who unveiled his idea during Tuesday’s Council meeting — his first since starting work Feb. 1 — said he understands his proposed policy is more stringent than state law.

But he pointed out that the policy would not prohibit councilors from discussing any matter — including ones that are not listed on the agenda.

As an example, Bogart said residents sometimes bring up important topics during the citizens participation portion of Council meetings.

In such cases, he said, it’s often beneficial for councilors to delay making a decision until they have a chance to gather more information from the city staff and other sources.

“I believe this (policy) will not compromise the decision-making process, and hopefully will enhance it,” Bogart said. “I think it will.”

Councilor Milo Pope said he thinks Bogart’s idea is a good one.

“I agree with you we need such a policy, very carefully crafted,” Pope said.

The Council decided Tuesday to table Bogart’s proposal until the Feb. 23 meeting.

In the meantime, Pope will work with Bogart to write a proposed policy for councilors to consider.

Pope said he wishes he had read the state law before the Council’s June 9, 2009, meeting at which councilors voted 4-3 to fire City Manager Steve Brocato. Pope voted against that motion.

The issue of Brocato’s employment was not listed on the agenda for the June 9 meeting.

Councilor Beverly Calder said she “appreciates the intent of this recommendation.”

However, Calder said she believes the Council already fulfills the basic goals behind Bogart’s proposal, which are to ensure that residents know in advance the essence of decisions councilors are considering, and to give councilors ample time to understand issues before casting their votes.

In the case of ordinances, for instance, the city charter requires the Council to vote at least three times, and at a minimum of two separate meetings, Calder said.

“I appreciate that a policy makes it happen every single time,” including on matters that don’t involve an ordinance, Calder said.

Councilor Clair Button said the question the Council needs to answer is whether it should approve a policy “that appears to be more limiting” than state law.

Both Button and Pope pointed out that the Council might, in an emergency, need to vote on a matter that wasn’t listed on any agenda.

The policy could allow for exceptions in such cases, Pope said.

State law also allows city councils to convene “emergency meetings,” with less than 24 hours’ public notice,if necessary.

Alternatively, councils can schedule “special meetings,” which require a minimum of 24 hours’ notice.

Bogart, in an interview Tuesday afternoon before the Council meeting, said he proposed the agenda policy based on his experience in other cities.

He cited an example from Heppner.

There, residents asked the City Council to move the stop signs at an intersection where only north-south traffic was required to stop. The Council approved the change at that meeting.

The city’s fire chief was absent, and he later told councilors that the stop signs were placed as they were to allow ambulances to get to the hospital, which is near the intersection, without stopping.

The Council then reversed its decision, Bogart said.

Had Heppner councilors tabled the residents’ request until the fire chief had considered the idea, they could have avoided the problem, he said.

“The intent (with the policy) is that it assures meetings and decisions are as open and available to the public as we can make them,” Bogart said.

Other Business

• Approved the audit report for the fiscal year that ended June 30, 2009

• Learned from Public Works Director Michelle Owen that Oregon OSHA had cited the city for two safety violations, one at the water reservoir and one at the sewage treatment plant. Owen said she has appealed the citations, which she said involve documentation and not an actual accident

• Heard Mayor Dennis Dorrah read proclamations supporting the 2010 U.S. Census and Spay Day