TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
Proposed Council Rule Changes.
Ward(s): All Wards.
Councilor(s): All Councilors.
Neighborhood(s): All Neighborhoods.
Result Area(s): Good Governance.
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SUMMARY:
summary
City Council reviewed the proposed rule changes at its May 26, 2026 Council meeting and referred the rules to staff for review and modification. The recommended changes referred to in this report contain the proposed changes Council reviewed on May 26th and additional modifications reflecting Council’s discussion and direction.
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ISSUE:
Shall City Council adopt Resolution No. 2026-30 amending council rules as set forth in Exhibit A?
RECOMMENDATION:
recommendation
Adopt Resolution No. 2026-30 amending council rules as set forth in Exhibit A.
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FACTS AND FINDINGS:
The Council Rules Committee met in January and February of this year to review and consider changes to council rules. The Committee is recommended changes to rules 5(j) - Special Orders of Business (adding a definition of “new business”), 8 - General Decorum (Giving the Mayor express authority to suspend public comment, prohibiting sticks, poles and other items that may be dangerous, and substantially revising the rule concerning removal of a person from a council meeting), 15 - Public Comment (prohibiting profanity), and 17 - Membership on Boards or Commissions (adding a process for appointing a councilor liaison to a board or commission and adding a guideline for liaisons). The Committee also recommended that budget committee rules be updated and that the City implement a plan to use metal detectors at council meetings.
At the May 26, 2026 council meeting, Council considered public comment and deliberated on the recommendations. Council’s discussion sought clarity on the proposed rule allowing the presiding officer to suspend public comment as well as the existing rule limiting public comment periods to 30 minutes each. The City Attorney recommended tabling the proposed rule to prohibit profanity. After deliberations, Council adopted the following motions:
1. Refer the rules to staff to review and bring back to council;
2. Have staff present a policy and plan to implement a prohibition on weapons at city council meeting and implement the use of metal detectors at city council meetings.
Recommended changes:
1. Rule 5(j)(2) - Special Orders of Business - Mayor and Councilor Items. Recommend adoption of amendment to define “new business” as;
“A motion to take action or direct staff to perform activity on an item that is not on the meeting agenda or does not have a recommendation, such as information reports. Motions modifying recommendations on meeting agenda items, such as resolutions, action items, special order of business or ordinances are not considered ‘new business’ and are not subject to this rule. Council member may submit motion that modify recommendations for agenda items to be distributed to council for council’s awareness, but such motions are not subject to this rule.”
The Committee further recommends that “should” in the second sentence of Rule 5(j)(2) be changed to “shall.”
The purpose of the proposed rule is to clarify when a written motion from a member of council must be submitted prior to the council meeting in order for the motion to be considered by council at that meeting. Under the proposed amendment, a written motion would be required for any matter that is not on the agenda or for an agenda item that does not contain a recommendation, such as an information report.
2. Rule 8d - Decorum. Delete Rule 8d, “removal of any person,” and replace it with proposed rule 8.1.
3. Rule 8f - Decorum. Add subsection to allow the presiding officer to suspend public comment for sustained actual disruptions, subject to council vote to continue public comment.
Council discussion expressed concern with the presiding officer arbitrarily suspending public comment. The proposed rule was revised to clarify the actual disturbance must be sustained, and suspension could only occur if other remedies were not successful.
4. Rule 8g - Decorum. Add subsection prohibiting sticks, poles, or other objects that may injure others.
5. Rule 8.1 - Removal of a person. New proposed rule replacing Rule 8(d). The new rule conforms to recent legal precedent concerning public meetings and disruptions and defines “actual disturbance.” Requires the Presiding Officer to warn the participant of the offending conduct before they are removed.
6. Rule 15 - Public Comment. Staff proposes amending Rule 15(a) to delete the 30-minute limitation on the public comment period, and instead, allow council to suspend public comment after 30 minutes. The proposed change does not address concerns about preserving council’s ability to efficiently address other agenda items when public comment runs long, but still allows council to limit public comment based on the needs of council and attendees.
If different or further revision to this rule is desired by Council, staff recommends taking action on the other proposed rule changes and referring this issue back to the Rules Committee for further discussion.
7. Rule 17 - Membership on Boards or Commissions and Appointment of Councilor Liaisons.
Incorporates councilor liaison appointment procedures previously approved by council into the council rules and adds a guideline that liaisons do not speak for council at board or commission meetings, unless authorized by council.
Metal Detectors.
Council directed staff to prepare a plan to implement metal detectors, including additional information on cost, for Council’s consideration. Staff anticipates providing that information to Council this fall.
Budget Committee Rules.
The Committee directed staff to review the budget committee rules and prepare amendments to conform the budget committee’s rules to council rules where appropriate. Additional items for consideration include providing more structure to the budget committee process and guidance on budget committee questions of staff. Staff will bring proposed changes to budget committee’s rules to city council and to the budget committee for consideration and review.
Voting Procedures. Council Rule 10 states that when a question (on a motion) has been called, the presiding officer shall first ask for the Ayes followed by the Nays, without requiring a roll call vote. During the COVID-19 Pandemic, Council meetings were exclusively virtual, and council adopted temporary rules requiring roll call votes for most items. That practice has continued since council has moved back to in-person/hybrid meetings. Consistent with current council rules, the Mayor as presiding officer shall be asking council members to take voice votes, and will only require a roll call vote for ordinance readings (required under the council rules) or if requested by a council member.
Procedures for amending Council Rules.
Rule 26(b) requires a 2/3 majority vote of council members present to amend a rule, provided that the amendments or new rules have been introduced into the Council record at least 10 days prior to council action on the amendments or new rules. The proposed rule changes were presented to Council on May 26, 2026. The resolution with the proposed rules will be effective upon adoption.
BACKGROUND:
The City Council Rules govern council procedures for meetings as well as for general council business. The rules were last updated in 2023: Council Rules | Salem, Oregon <https://www.cityofsalem.net/government/city-council-mayor/about-city-council/council-rules>.
Dan Atchison
City Attorney
Attachments:
1. Resolution No. 2026-30,
2. Exhibit A - Recommended Rule Changes.