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Date Posted: 15:19:40 04/15/11 Fri
Author: Patrick McGee
Author Host/IP: 97-120-122-168.ptld.qwest.net / 97.120.122.168
Subject: "The Bylaw And The Law"

The Bylaw!

By-Laws Of The Clatsop County Planning Commission
Of Clatsop County Oregon

ARTICLE I
Name
The Commission shall be known as the Clatsop County Pklanning Commission.

ARTICLE II
Object
The Planning Commission shall make recommendations to the Board of Clatsop County Commissioners on the Comprehensive Plan and its implementing ordinances. The Planning Commission shall also make land use decisions on variances, conditional uses, and subdivisions.

The Planning Commission is the county’s committee for citizen Involvement

ARTICLE III
Membership
Section 1
The Planning Commission shall consist of seven (7) members appointed by and serving at the pleasure of the Board of Clatsop County Commissioners, each to serve for a term of four years or until their respective successors are appointed.

Section 2
The members of the Planning Commission shall be residents of Clatsop County and no more than two (2) shall reside inside incorporated cities; the remaining members shall be residents of the various geographic areas of Clatsop County.

Section 3
Members of the Planning Commission shall serve without compensation other than reimbursement for duly authorized expense.

Section 4
No more than two (2) voting members shall be engaged principally in the buying, selling ore developing of real estate for profit as individuals or be members of any partnership of officers or employees of any corporation that is engaged principally in the buying, selling or developing of real estate for profit. No more than two (2) voting members shall be engaged in the same kind of occupation, business, trade or profession.

Section 5
Members shall attend all meetings faithfully except in such cases as illness. The Chair may excuse a member for up to three (3) regular Planning Commission meetings. Additional requests for regular meetings to be missed must be made to the Planning Commission prior to the meeting(s) missed. If a Planning Commissioner is absent more than three (3) times and has failed to notify the Planning Commission for such absence(s), his/her absence may be considered non-performance of duty.

Section 6
Members may be removed from the Planning Commission under the following rules:
a.
Members may request that they be removed for personal or other reasons. Such request shall be made to the Board of Clatsop County Commissioners
b.
The Planning Commission may, after a hearing, recommend removal of any member for non-performance of duties or misconduct. Such recommendation for removal shall be made to the Board of Clatsop County Commissioners.
c.
The Board of Clatsop County Commissioners may remove any appointed Planning Commission member at its discretion.

Section 7
Any vacancy on the Planning Commission shall be filled by the Board of Clatsop County Commissioners

ARTICLE IV
Officers

Section 1
The officers of this Planning Commission shall consist of a Chair and Vice Chair
Section 2
Election of Officers shall occur annually at the first meeting of the year and elected officers shall take office at the end of that meeting.

ARTICLE V
Officers Duties

Section 1
It shall be the duty of the Chair to preside at all meetings of the Planning Commission; to enforce observance of the rules of procedure; to decide all questions of order; offer for consideration all motions regularly made; apportion duties of the members of the Planning Commission; call all special meetings; appoint all necessary committees and perform such other duties as his office may require. The Chair shall make no motion or amendment to a motion.

Section 2
In absence of the Chair, the Vice Chair shall perform his duties.

Section 3
In the absence of the Chair and Vice Chair, the Planning Commission shall elect a temporary Chair for the particular meeting in question.

ARTICLE VI
Meetings

Section 1
The Planning Commission will generally hold its regular meetings on the second Tuesday of each month. Special meetings may be called by the Chair as required.

Section 2
The place and hour of any meeting may be changed by the Chair of the Planning Commission if adequate notice can be given to the public and all interested parties.

Section 3
The Planning Commission may hold work sessions if adequate notice can be given to the public and all interested parties. Work sessions are meetings between the Planning Commission and staff rather than public hearings and the public may attend.

Section 4
All meeting shall be adjourned by 5:00 p.m. unless the Planning Commission, by majority vote, decides to extend business beyond that time.

Section 5
Four members shall be necessary to constitute a quorum. In determining a quorum, all members present at the meeting , including the Chair and any member(s) who may, from time to time, abstain from voting on an issue regardless of the reason for abstention, shall be counted. All actions of the Planning Commission shall require the affirmative vote of the majority of the total appointed membership.

Section 6
Except as otherwise provided to the contrary by the Rules of Procedure, Robert’s Rules of Order(current edition) shall apply to the procedures of all Planning Commission meetings.

ARTICLE VII
Conflict of Interest

Members shall be required to vote on all matters which require a decision unless a member has a conflict of interest. For procedures to be followed regarding conflict of interest, see Ordinance 80-14, Section 2.130 through 2.175.

ARTICLE VIII
Public Hearings

Section 1
All public hearings before the Planning Commission shall be conducted by the Chair except as otherwise provided in Article V, Sections 2 and 3. Any interested party may appear for themselves or be represented by counsel. Any person speaking at a public hearing shall first identify themselves by name and address and if appearing in a representative capacity, identify who they represent.

Section 2
The order of proceedings shall be as set forth in Ordinance 80-14, Section 2.185

Section 3
The Chair shall have the right to limit testimony on any public hearing matter when he feels the Planning Commission has received adequate representative testimony of all sides of the matter.

ARTICLE IX
Bylaws

The Planning Commission is authorized to develop and amend bylaws consistent with county ordinances and applicable provisions of state law. Such bylaws shall be effective upon approval by the Board of Clatsop County Commissioners.

Clatsop County Commission Bylaws
Revised June 14, 2006

The Law!
Received
July 29, 2002

In The Board Of County Commissioners For
Clatsop County, Oregon

ORDINANCE NO. 01-10

An Ordinance Providing Procedures For The Appointment And Removal Of Members Of County Boards, Commissions and Committees

The Board of Commissioners of Clatsop County ordains as follows:

SECTION 1 - SHORT TITLE
This ordinance shall be entitled and shall be known as
“The Board , Commission and Committee Ordinance”
SECTION 2 - PURPOSE
The purpose of this ordinance is to provide a process for the appointment and removal by the Board of members of the County’s boards, commissions and committees. This ordinance shall not apply to County’s Local Contract Review Board. This ordinance is expressly intended to provide alternative rules fo0r removal of Planning Commission members as provided in ORS 215.030(7).

SECTION 3 - APPOINTMENT AND REMOVAL PROCESS
Unless Otherwise Required By Law:
A.
The Board may establish any board, commission or committee as the Board deems necessary or advisable. The Board shall determine the purpose, number of members and the method of appointment and grounds for removal, if any, of any member and shall establish written policies therefore.
B.
All members of any board, commission or committee of the County shall be appointed by and serve at the pleasure of the Board of Commissioners
C.
Any board, commission or committee may recommend to the Board of Commissioners the removal of any of its own members in accordance with the bylaws of this ordinance.
D.
The Board may remove any appointed board, commission or committee member from his or her appointment by affirmative vote of at least three (3) commissioners. Removal may be initiated in accordance to county policies and at the Board’s discretion or upon recommendation of a board, commission or committee as provided in Paragraph 3.C of this ordinance.
E.
Each board, commission and committee of the County is hereby authorized to develop bylaws consistent with this ordinance and with the applicable provisions of state law. Such bylaws shall be effective upon approval by the Board.
F.
Whenever it is determined that any board, commission or committee created by the Board is n o longer useful or necessary, the board, commission or committee may be discontinued by affirmative vote of at least three (3) commissioners.

SECTION 4 - CONFORMANCE OF STATE LAW
This ordinance shall not substitute for nor eliminate the necessity for conformity with any and all laws or rules of the State of Oregon or its agencies or any ordinance, rule or regulation of Clatsop County.

SECTION 5 - INCONSISTENT ORIVISIONS
This ordinance shall supersede, control and repeal any inconsistent provision of any County ordinance as amended or any other regulation made by Clatsop County.

SECTION 6 - SEPARABILITY
If any section, subsection, sentence, clause, phrase or portion if this ordinance is for any reason held invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions of this ordinance.

SECTION 7 - EFFECTIVE DATE
This ordinance shall take effect on the 30th day following adoption by the Board of Commissioners as provided in Chapter III, Section 6(C) of the Home Rule Charter for the Government of Clatsop County.

SECTION 8 - ADOPTION CLAUSE
The Board of Clatsop County Commissioners hereby adopts this ordinance, this 24th day of July 2002

BOARD OF COUNTY COMMISSIONERS FOR CLATSOP COUNTY, OREGON

Effective Date: August 23, 2002 By; Samuel E. Patrick, Chairperson

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