2.04.120 Council code of conduct.
(1) Public Meetings. The council is composed of persons with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite these differences, all have chosen to serve the city of North Bend. In all cases, the common goal of “agree to disagree” on contentious issues shall be acknowledged by all council members. In a public meeting, council members are to:
(a) Practice civility, professionalism, and decorum in discussions and debate. Council members are to conduct themselves in a professional manner at all times. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of government. This does not allow, however, council members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that threaten others will be tolerated.
(b) Respect the role of the presiding officer in preserving order. It is the responsibility of the presiding officer to keep the council on track during meetings. Council members should respect the presiding officer’s efforts to focus discussions on current agenda items and to maintain order.
(c) Demonstrate effective problem-solving approaches. Council members with disparate points of view are to strive to find common ground and seek a compromise that benefits the city as a whole.
(d) Be punctual and keep comments relative to topics discussed. Council members have made a commitment to attend meetings and partake in discussions. Therefore, it important that council members be punctual and that meetings start on time. It is equally important that discussions on issues be relative to the topic at hand to allow adequate time to fully discuss scheduled issues.
(e) Remember to strive to participate in a dialogue with fellow councilors instead of engaging in behavior that is more readily attributable to debate. This should include avoiding those behaviors generally described as blocking in nature.
(f) Mobile devices and personal electronic devices shall be silenced during council meetings. In deference to the meeting at hand, council members should make every effort to refrain from sending or receiving electronic communication of a personal nature during council meetings, though as volunteers it may sometimes be necessary to send or receive urgent/emergency family or business communications.
(g) Participation in the entirety of the meeting is expected, particularly for those items denoted as an action item wherein the council is expected to render a decision. If a council member needs to excuse themselves from a meeting, or a portion thereof, even if only momentarily, the council member must ensure the mayor is aware of their departure and return so that the mayor can properly manage the meeting and any actions taken by the council.
(h) All members of the council shall refrain from consuming drugs or alcohol during public meetings.
(2) Interactions with City Staff. For the city of North Bend to be successful, there must be a cooperative effort between elected officials who set policy and city staff who implement and administer the council’s policy. Every effort should be made to be cooperative and show mutual respect for the contributions made by each person.
(a) Treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.
(b) Do not interfere with the city’s administration. The council, and its members, shall deal with city officers and employees who are subject to the direction and supervision of the city administrator solely through the city administrator, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.
(c) Refrain from undermining the city administrator. Respect the administrative functions of the city administrator and refrain from actions that would undermine the city administrator’s authority.
(d) Limit individual contact with city officers and employees so as to not influence staff decisions, recommendations, or actions to prevent interference with staff work performance.
(e) Individual inquiries and requests for information from staff are to be limited to those questions that may be answered readily as part of the staff’s day-to-day responsibilities. Multiple and continuous individual inquiries and requests for information, when taken cumulatively, have the ability to negatively interfere with the city’s administration to perform efficiently and complete assigned tasks. If the city administrator believes that the number of individual inquiries being asked of staff is to such a degree that staff’s ability to perform their essential tasks is being compromised, the city administrator shall bring the issue to the city council for discussion and direction on how to proceed.
(i) Inquiries and requests that are not readily answered by staff must be directed to the city administrator, who will assign inquiries and requests to appropriate city staff and track progress of the assignments. This process eliminates possibilities of city staff duplicating each other’s efforts or a request being overlooked.
(ii) Inquiries and requests requiring more than two hours of staff time must be approved by the council.
(iii) A council member who desires major policy, ordinance research, or other staff assistance should first raise the issue at a council work session. The council will decide whether to proceed with the issue or ordinance before staff time is spent.
(f) Do not disrupt staff from their jobs. Council members should not disrupt city staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met.
(g) Never publicly criticize an individual city employee. The council should never express concerns about the performance of a city employee in public, to the employee directly (aside from the city administrator), or to the employee’s supervisor (unless the supervisor is the city administrator). Comments about staff performance should only be made to the city administrator through private conversation or correspondence.
(h) Do not solicit political support from city employees. Council members are prohibited by ORS 260.432, and these rules of procedure, from soliciting any type of political support (financial contributions, display of posters or yard signs, name on support list, etc.) from city staff. As private citizens, while on their own personal time, city staff may choose to support political candidates, but they must do so away from city offices and not utilize city property.
(3) Interactions with City Attorney. Requests to the city attorney for legal advice may not be made by a council member without the concurrence of the council. Before requesting research or other action by the city attorney, council members are encouraged to consider consulting with the city administrator to determine if the request or action can be accomplished more cost-effectively.
(a) Outside a council meeting, a council member should make requests for the city attorney through the city administrator; an exception to this is issues related to the performance of the city administrator, and in those exceptional instances it shall be the mayor who contacts the city attorney.
(b) This provision is not intended to limit a council member’s ability to seek clarity on procedural questions related to these rules of procedure or how a council meeting is run since the city attorney is designated as the council’s parliamentarian. Questions that are thought to be procedural in nature are to be emailed to the city attorney, copying the city administrator. The city attorney, in their sole discretion, will decide if the question being posed is procedural or legal in nature. If the city attorney believes the question is procedural in nature, they may provide the requisite answer to both the inquiring council member and the city administrator.
(4) Interactions with the Public During Meetings. Making the public feel welcome at a public meeting is important. No signs of partiality, prejudice or disrespect should be evident on the part of council members toward an individual participating in a meeting. Every effort should be made to be fair and impartial in listening to the public.
(a) Be welcoming. Speaking in front of council can be a difficult or intimidating process for some people. Some issues the council undertakes may affect people’s daily lives, property, and livelihood. Some decisions are emotional. The way that council treats people during public meetings can do a lot to make them relax or to push their emotions to a higher level of intensity. As such, council members are encouraged to be welcoming and to treat members of the public with respect and care.
(b) Be an active listener. Active listening is when you listen with all your senses and give the speaker your full attention. It is disconcerting to speakers to have council members not look at them when they are speaking. It is of course fine to look at documents and take notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Also, be aware of your facial expressions and body language so that speakers do not misinterpret you as being bored, emotional, or hostile.
(c) No personal attacks. Council members do not make personal attacks, even if they are the recipients of personal attacks. Be aware of body language and tone of voice. The goal is for council members to remain professional and welcoming.
(5) Interactions with the Public in Nonmeeting Settings. Council members will engage with the public in nonmeeting settings on a regular basis. While the council member is not always in a public forum during those interactions, they may still be acting as a public official or representing the city. During these interactions, council members are directed to remain professional and adhere to these rules of procedure.
(a) Make no promises on behalf of the council or city staff. Council members will frequently be asked to explain a council or administrative decision, or to give their opinion about an issue as they meet and talk with citizens in the community. It is appropriate to give a brief overview of a city policy or action, but it is inappropriate to overtly or implicitly promise a particular council action, or to promise city staff will do something specific.
(b) Make no personal comments about other council members or city staff. It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other council members and city staff, including their opinions and actions. (Ord. 2058 § 1, 2022; Ord. 2052 § 1, 2021)