Time to Dust Off Those Working Rules

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Christy Monson

From our Spring 2021 e-newsletter

If your Board or Council hasn’t already done so, now is the time to find those Council or Board Rules (sometimes called Working Rules of Order), dust them off, and re-read them. Often edits are called for, both to clarify your governance processes and to customize them for your governing body.

Ideally, your rules should be no longer than six or so pages. They should clearly and simply describe how your governing body has decided to work together and the general process and protocol for your meetings. More importantly, a thoughtful discussion about your rules will set the tone for the rest of the year—and can also serve as a good faith promise among elected officials about how they will treat each other, staff, and the public.

The best process for reviewing your rules is to first have your Manager and/or your attorney review them and suggest edits. The rules should then be circulated to your elected officials, placed on an agenda for discussion, possible amendment and adoption. (If your staff and your Board President or Mayor have done the advance work, this agenda item should take approximately 30-60 minutes.)

A successful discussion would include the entire governing body agreeing not only to follow your newly-adopted rules, but to also hold each other accountable for acting in a collaborative, respectful manner—especially when times get tough. In this conversation, your most important goal should be to secure each member’s buy-in and public commitment about how you will treat each other, how you will treat your staff, and what your Board or Council meetings will ideally look and sound like.

Below I provide you with some key concepts to discuss and include in your Rules:

• Who has the authority to create your agenda? How would someone else get an item placed on an agenda? (Author’s note: no blindsiding. All items should be clearly listed on a future agenda so that the public has a general idea of the topic to be discussed and the vote, if any, to be taken.)

• Will your Board or Council use Work Sessions where no votes are taken? Why or why not?

• Will you allow your fellow Board members to abstain from votes where they don’t have a conflict of interest? What is the effect on other Board members if someone frequently abstains? What is the effect on your community? (Author’s opinion: abstentions—unless they are in response to a conflict of interest—are generally bad for your community and for your governing body as a whole.)

• How should conflicts of interest be handled? How will you apply Oregon ethics law when handling conflicts?

• How closely will you follow Roberts Rules of Order? Do you wish to follow a simplified version of Robert’s Rules? (Author’s hint: simple is better.)

• What are your options if an elected official repeatedly misbehaves at meetings or breaks your rules?

• Who has the authority to appoint people to committees and to vacant Board or Council positions? Does your Charter already provide some guidance on this matter?

• Who has the authority to discuss personnel issues at a public meeting? What happens if a member of the public discusses personnel issues at the meeting?

• How and when will you take public comment? When during the meeting will you take it? Will the public be limited to three minutes of non-repetitive comments? Why or why not? What happens if a member of the public makes comments that are inappropriate or outside of your governing body’s authority to address? (Author’s note: remember that public comment does not mean a Council discussion. If the comment is important or requires action, you can always ask staff to address the issue later or schedule the issue on a future agenda.)

• What are your options to increase elected official participation and to avoid one or two members from dominating the conversation?

• How much staff time is a single member allowed to use per month? Why or why not?

• Who has the authority to contact your legal counsel?

• Who has authority to speak to the press on behalf of the governing body? Do you want to voluntarily agree to not to speak to the press about governing body matters individually? Why or why not?

• Do you wish to designate a Board member to handle routine personnel matters involving your Manager or Administrator, such as vacation/sick leave requests and monitoring? What would happen if you don’t do this?

• What will you do if a public meeting turns disrespectful? Does your President or Mayor have additional authority in such cases? Anyone else?

Your legal counsel should be able to provide you with some sample rules and a process for evaluating and adopting them. Good luck and thank you for your service to your community. And remember: the time to decide on how you will handle difficulties is before the difficulties arise!

Understanding OR-OSHA COVID-19 Temporary Rules

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(Cover Your Face – But Keep Your Eyes and Ears Open)

 

Carrie Connelly

From our Spring 2021 e-newsletter

It’s been over a year that we’ve stayed COVID compliant – and while some of us might be ready to relax, we’re not yet out of the woods. Oregon Occupational Safety and Health Administration’s (OR-OSHA) Temporary COVID-19 Rules (OAR 437-001-0744) went into effect on November 16, 2020, and will remain in effect until May 4, 2021, unless earlier revised or repealed. A slightly modified “permanent rule” is in the works, with hearings to be held in the upcoming weeks. One proposed change omits the following deadlines that have passed.

Oregon OSHA is required to adopt OAR 437-001-0744 as a permanent rule. However, OSHA notes that, as its rule addresses the COVID-19 pandemic, it will repeal the rule once no longer necessary. That determination will be made in consultation with OSHA, OHA and other stakeholders.

Workplaces that provide emergency first responder services are deemed at “exceptional risk,” thus more and different requirements apply than in other workplaces. The rules and appendices are lengthy, thus beyond the scope of this article. Instead, the following described changes must be made to your public offices, if you are not yet in compliance.

1. Distance six feet, whether indoors or outdoors. Emergency medical service first responders, firefighters, and non-emergency medical transports are subject to more specific guidance that overrides this general rule, in the event of conflict. See, OAR 437-001-0744, Appendix A-17. For example, spacing requirements may not need to be followed on emergency response apparatus.

2. Continue to wear face coverings or personal protective equipment (PPE). This measure applies on all calls and in station break rooms, shared toilet facilities, or other common areas; but may be relaxed in living areas (if any), among residents. Emergency response vehicle drivers may also adjust or remove a mask that impedes vision or distracts from safe vehicle operation.

3. Clean and sanitize spaces occupied for less than 12 hours a day every 24 hours. Spaces occupied for more than 12 hours a day require cleaning every 8 hours. Emergency service providers must also: (1) develop procedures for routine cleaning and disinfection, as appropriate for healthcare settings; and (2) adhere to CDC guidelines for disinfection and sterilization in healthcare facilities.

4. Permanently post OR-OSHA’s “COVID-19 Hazards Poster” in a conspicuous location.

5. Conduct a COVID-19 Risk Assessment. Such action was required no later than December 7, 2020. Emergency service providers must record summary responses to thirteen COVID-19 exposure risk assessment questions, in writing.

6. Ventilate facilities with outside air circulated through existing heating ventilation and air conditioning systems. Such action was required no later than January 6, 2021, and by June 1, 2021, entities with more than 10 employees and an existing HVAC system must keep on file a written certification that the system is operating in accordance with OSHA’s rule. Thereafter, staff must regularly clean and maintain station air filters and minimize indoor air recirculation on a quarterly basis.

7. Establish and implement an Infection Control Plan. Such action was required by December 7, 2020. Plan controls include, but are not limited to, ventilation, staggered shifts, redesigned workplaces for physical distancing, reduced shared services and tools, limits on the number of employees (or other individuals) in workplaces, and provision of PPE. Station Plans must identify a knowledgeable person to administer the Plan, and be re-evaluated frequently to reflect needed changes, based on employee feedback and control assessments.

8. Inform and train employees on identified topics. Such action was required no later than December 21, 2020. Trainings should invite feedback, and must cover physical distancing, face coverings/PPE, sanitation, signs and symptoms of COVID-19, the entity’s infection notification process, medical removal procedures, basic risk factors, and modes of transmitting COVID-19. Training materials should be posted soon on OR-OSHA’s website.

9. Notify affected employees (within 24 hours) that had work-related contact with an individual who tested positive for COVID-19.

10. Cooperate with mandated COVID-19 testing and vaccinations that a local public health agency or OHA deem “necessary.”

11. Remove workers due to COVID-19, if recommended as a result of contact tracing identification.

If your entity has yet to comply with the above requirements, it’s not too late (even though some applicable timelines have passed.) Seek assistance when questions arise, and be prepared to obtain required resources. Coordinate with your legal team, as necessary.