Recommendation by Cherie McGinnis, Clackamas County Assistant to the County Commissioners
Received August 3, 2007
Process for Bylaw Approval
Article XV. Amendments
The Board of Directors may amend these bylaws to include or omit any provision that it could lawfully include or omit at the time the amendment is made. The process of developing changes or amendments shall at all time be accomplished with an open, community involved process, appropriately advertised and subject Oregon Open Meetings and Records Law. Upon written notice of at least 14 days, any number of amendments or an entire revision of the bylaws developed by the open process may be submitted and voted upon at a single meeting of the Board of Directors.
If adopted at such meeting upon receiving a majority vote of the members of the Board of Directors, proposed amendment or replacement shall then be submitted to the BCC for review and approval. The proposed amendment or replacement shall then be referred to the next quarterly Town Hall meeting for approval by majority vote. Citizens shall be provided with a complete draft of the proposed bylaws at least 7 days before the scheduled meeting. In the event the proposed amendments do not receive majority vote at the Town Hall meeting or by the BCC, the existing bylaws remain in force.
Under no conditions can changes to the bylaws be applied retroactively.
Page 14 of 16 Villages of Mt Hood Bylaws revised and adopted 02-24-2007
The current bylaws state that if approved by a vote at a single meeting of the Board of Directors, the approved revision/replacement bylaws will be submitted to the BCC for approval, which occurred on July 31, 2007, and then will be referred to the next quarterly Town Hall meeting, which will be August 11, 2007.
A draft set of bylaws has been published in the August edition of The Mountain Times 11 days prior to the Town Hall. Copies of draft bylaws, substantially the same but not identical, were distributed to citizens at the May 19 th Town Hall and a final version will be distributed for review and a vote at the August 11 th meeting.
Rick Applegate and Judith Norval made a motion for a first reading of the proposed bylaws at the August 11 th Town Hall. The motion did not comply with the bylaws, but followed a resolution that was not officially incorporated into the current bylaws. In the opinion of County Counsel, bylaws supersede resolutions in order of authority. A first and second reading of the bylaws at two separate Town Halls is not mentioned in the bylaws, but rather in the resolution. Therefore, the motion made by Rick Applegate and seconded by Judith Norval at the July 3, 2007 Board of Directors meeting should be rescinded and a correct motion substituted so that the bylaws can proceed to a vote at the next Town Hall meeting.
The Board of County Commissioners support sending the draft bylaws to the August 11 Town Hall for a citizen vote.