EXHIBIT A
Proposed update of
Standards for
Neighborhood Associations,
District Coalitions,
Business District Associations,
And the Office of Neighborhood Involvement
Developed by:
Guidelines Review, Empowerment and Assessment Team (GREAT),
Final adoption by GREAT committee on Tuesday, April 12, 2005
For consideration for approval by the Portland City Council on
Wednesday, July 6th, 2 PM, Council Chambers, 1221 SW 4th Ave. Portland, Oregon
For questions or more information:
Brian Hoop
Office of Neighborhood Involvement
1221 SW 4th Ave.
Portland, OR 97204
503-823-3075
May 19, 2005
Executive Summary
The citizen-led committee, Guidelines Review Empowerment and Assessment Taskforce (GREAT) has completed its final draft of proposed update of rules governing Portland’s Neighborhood and Business Association system. City Council will consider adoption of two documents: City Code Title 3.96, Office of Neighborhood Involvement, as well as the Guidelines –to be called Standards - for the neighborhood system.
Portland’s Neighborhood Associations were first recognized by the City in 1974 with this directive from City Code 3.96: “Council finds that there is a need to broaden channels of communication between the people of Portland and City officials on matters affecting neighborhood livability.”
The GREAT Taskforce has spent four years methodically reviewing, updating and matching two documents: first, City Code Title 3.96, the authorizing language for the Office of Neighborhood Involvement, which has not been reviewed since 1987; then the Guidelines, which detail the functions, responsibilities and benefits of Portland’s neighborhood system including 95 Neighborhood Associations, 7 District Coalitions, 40 Business Associations and the Office of Neighborhood Involvement.
The Taskforce is proposing to rename the Guidelines as “Standards” to more accurately reflect the directive of Code 3.96.030 establishing “Minimum Standards for Neighborhood Associations.”
This revision of the Guidelines/Standards endorses and continues to emphasize the self-determining structure and autonomy inherent in each Association for determining its own bylaws, meeting formats, boundaries, and resolution of grievances. Indeed, Section III on Neighborhood Associations has changed little from the existing Guidelines. Careful attention was given to the role of District Coalitions, Office of Neighborhood Involvement, the grievance process, modified open meetings and public records procedures, and efforts to diversify participation in Associations.
The Standards will continue as a tool for ensuring that Portland’s neighborhood system is accountable and transparent along with the goal of building Neighborhood Associations that are accessible to residents who want to contribute to improving the livability of their communities. In addition, we believe these proposed documents provide improved clarity by reorganizing roles and responsibilities that were previously scattered, i.e. topics dealing with Neighborhood Associations are now primarily in the same section.
Public comments provided this fall were the culmination of four years of continuous outreach to the community. Even before the public comment period there were three public workshops early in 2002 and 2003. Over 460 people attended 27 community meetings, which committee members attended this fall to discuss proposed changes. Over 5,000 summary sheets or full text of the proposal were distributed with 56 people providing formal comment.
We hope you will join us on Wednesday, July 6th at 2 PM when we will present our proposals before City Council. Council Chambers are located in City Hall at 1221 SW 4th Ave. For more information or questions contact Brian Hoop at 503-823-3075 or bhoop@ci.portland.or.us. Or visit our web site at http://www.portlandonline.com/oni/index.cfm?c=29023&.
Sincerely,
Patricia Gardner Moshe Lenske
Co-chair Co-chair
Members of the Guidelines committee, GREAT
Chairpersons:
❑ Moshe Lenske, Woodstock Neighborhood Association, Southeast Uplift
❑ Patricia Gardner, Pearl District Neigh. Assoc., Neighbors West/Northwest
Committee members:
❑ Kathy Bambeck, Bridlemile Neighborhood Association
❑ Nancy Chapin, Alliance of Portland Neighborhood Business Associations
❑ Catherine Crawford, University Park Neighborhood Association, North Portland, stepped down in 2003
❑ Leonard Gard, Southwest Neighborhoods, Inc.
❑ Raymond Hites, Lents Neighborhood Assoc., East Portland Neighborhood Office
❑ Stanley Lewis, Downtown Neighborhood Association, Unaffiliated Associations
❑ Michael O’Malley, Irvington Community Association, NE Coalition of Neighborhoods
❑ Jerry Powell, Goose Hollow Foothills League, Neighbors West/Northwest
❑ Charles Shi, Communities Beyond Neigh. Boundaries, stepped down in 2003
❑ Mark Sieber, Neighbors West/Northwest, District Coalition directors
❑ William Warren, Central Northeast Neighbors, stepped down early 2004.
City of Portland staff:
❑ Brian Hoop, Office of Neighborhood Involvement
❑ Jimmy Brown, Office of Neighborhood Involvement
❑ Ruth Spetter, City Attorney
TABLE OF CONTENTS
Purpose statement ……………………………………………………………………….. 7
Definitions ………………………………………………………………………………..… 7
Neighborhood, Neighborhood Association, District Coalition,
Non-Profit District Coalition, City-Staffed District Coalition,
Business District Association, Office of Neighborhood Involvement,
Standards
Neighborhood Associations ……………………………………………………………. 8
Recognition by the Office of Neighborhood Involvement……………………….. 8
Boundaries, Creating or Modifying ……………………………………….. 8
Overlapping Boundaries ……………………………………………………. 9
Boundaries Falling Outside the Portland City Limits ……………………. 9
Membership …………………………………………………………………. 9
Non-Discrimination …………………………………………………………. 9
Bylaws ………………………………………………………………………. . 10
Meeting Requirements ……………………………………………………... 10
Open Meetings/Public Records …………………………………………… 10
Grievances ………………………………………………………………….. 10
Dues ………………………………………………………………………….. 10
Involving Business District Associations …………………………………. 10
Benefits of Recognition …………………………………………………………….. 11
Operation of Neighborhood Associations ………………………………………… 11
Communication ……………………………………………………………………… 11
Mediation ……………………………………………………………………………. 11
Resolution of Boundary Disputes …………………………………………………. 12
Grievances …………………………………………………………………………… 12
Liaison to District Coalition Board …………………………………………………. 12
Newly recognized or unaffiliated NA’s Affiliation with a District Coalition…...…. 13
District Coalitions ………………………………………………………………………… 13
Basic Requirements ………………………………………………………………… 13
Goals and Procedures …………………………………………………………….. 13
Administrative Procedures ………………………………………………………… 13
Annual Action Plan …………………………………………………………. 13
Reports to the Office of Neighborhood Involvement …………………….. 14
Operational Procedure ……………………………………………………………… 14
Communication ……………………………………………………………… 14
Inclusion and Participation …………………………………………………. 15
Unique to Non-profit District Coalitions ………………………………………….. 16
Organizational Status, Incorporation, Tax Exempt …………………….. 16
Bylaws, Non-Discrimination, Grievances ………………………………… 16
District Coalitions (con’t)
Administrative Procedures ………………………………………………… 17
Personnel Policies, Affirmative Action, Hiring Procedures,
Staff Salaries
City Contract ………………………………………………………………… 18
Program Goals, Functions, Contractor Responsibilities,
Billing and Payment Procedure
Unique to City-staffed District Coalition ………………………………………….. 18
Organizational Status …………………………….………………………… 19
Operating procedures of advisory board ………………….……………… 19
Memorandum of Agreement ………………………………………………. 19
Annual Action Plan, Program Goals, Program Functions, Grievances
Process for changes in organizational affiliations ………………………………. 20
Creation of a new District Coalition ………………………………………. 20
Affiliation with a District Coalition …………………………………………. 22
Moving from one District Coalition to join another ………………………. 22
Changing from a City-staffed District Coalition to a
Non-profit District Coalition and vice-versa ……………………… 23
City of Portland Office Of Neighborhood Involvement …………………………….. 24
Coordinate citywide neighborhood system ………………………………………. 25
Contract Management ……………………………………………………………… 25
Leadership Skills Training and Board Orientation ………………………………. 26
Inclusion and Participation ………………………………………………………… 26
Grievances ………………………………………………………………………….. 27
Other Neighborhood Association assistance ……………………………………. 27
Information and Referral …………………………………………………………… 27
Public Involvement Policy …………………………………………………………. 28
Other City Agencies ………………………………………………………………… 28
Business District Associations …………………………………………………………. 28
Requirements for being acknowledged by ONI ………………………………….. 28
Basic Requirements ………………………………………………………… 28
Membership …………………………………………………………. 28
Boundaries …………………………………………………………... 29
Non-discrimination ………………………………………………….. 29
Size …………………………………………………………………… 29
Bylaws ………………………………………………………………… 29
Meeting requirements ………………………………………………. 29
Affiliations ……………………………………………………………………. 29
Acknowledgement by the City of Portland ……………………………………….. 30
Grievance and Appeal Procedures …………………………………………………….. 30
Purpose ………………………………………………………………………………. 30
Grievance and Appeal Procedures (con’t)
Definitions: Grievance, Grievant, Respondent ………………………………….. 31
Grievance procedures for Neighborhood Associations ………………………… 31
One-on-one dialogue, Mediation …………………………………………. 31
Grievance procedure with a Neighborhood Association ……………….. 32
Appeal and grievance procedures with District Coalitions …………………….. 33
One-on-one dialogue, Mediation ………………………………………….. 33
Appeal procedure to a District coalition …………………………………. 33
Grievance procedure with a District Coalition ………………………….. 34
Appeal and grievance procedures with ONI ……………………………………. 35
One-on-one dialogue, Mediation …………………………………………. 35
Appeal procedure with ONI ……………………………………………….. 35
Grievance procedure with ONI …………………………………………… 36
Open Meetings and Public Records …………………………………………………... 37
Purpose ……………………………………………………………………………… 37
Definitions ………………………………………………………………………….. 38
Committee; Decision; Executive session; General membership,
board, and committee; Meeting; Quorum; Records; Writing;
Executive Authority
Decisions Shall Be Made At Meetings …………………………………………… 39
Meetings Open to Public ………………………………………………………….. 39
Notice ………………………………………………………………………………. 40
Notice for emergency meetings ………………………………………………….. 42
Meeting location …………………………………………………………………... 42
Public participation ………………………………………………………………… 43
Disruptions …………………………………………………………………………. 43
Voting ………………………………………………………………………………. 43
No Smoking At Meetings ………………………………………………………… 44
Minutes …………………………………………………………………………….. 44
Inspection of Records by Public; Exemptions ………………………………….. 44
Reasonable Fees ………………………………………………………………….. 45
Retention of Records ……………………………………………………………… 45
Review of Office of Neighborhood Involvement Standards ………………………. 46
Composition of the review committee ……………………………………………. 46
Public review and comment ……………………………………………………….. 46
SECTION I: Purpose
I. PURPOSE
These Standards create a framework by which the people of the City of Portland may effectively participate in civic affairs and work to improve the livability and character of their Neighborhoods and the City. These Standards set out the basis for City recognition of Neighborhood Associations, District Coalitions, and the responsibilities and benefits accruing thereto. These Standards also set out the basis for city acknowledgement of Business District Associations and the responsibilities accruing thereto. These Standards also set out the functions, duties and responsibilities of the Office of Neighborhood Involvement.
II. DEFINITIONS
A. Neighborhood: A geographically contiguous self-selected community.
B. Neighborhood Association: An autonomous organization formed by people for the purpose of considering and acting on issues affecting the livability and quality of their Neighborhood, formally recognized by the Office of Neighborhood Involvement, and subject to these Standards.
C. District Coalition: An organization which supports participation services for Neighborhood Associations and everyone within a geographically defined area, and is subject to these Standards.
1. Non-Profit District Coalition: An independent non-profit corporation directed by a board which is primarily composed of representatives from its member Neighborhood Associations.
2. City--Staffed District Coalition: An office partially or fully staffed by City personnel to provide neighborhood services as advised by the participating Neighborhood Associations.
D. Business District Association: An autonomous non-profit organization with membership guidelines in its bylaws formed by people in business within a defined geographic boundary for the purpose of promoting the general well-being of their business community. A Business District Association is subject to these implementing Standards.
E. Office of Neighborhood Involvement: An agency of the City of Portland, whose purpose is to facilitate citizen participation and improve communication among citizens, Neighborhood Associations, non-profit
Section II: Definitions
District Coalitions/City-staffed District Coalitions, City agencies, and other
entities. The Office of Neighborhood Involvement is subject to these Standards.
F. City agency: Includes all departments, bureaus, offices, boards and commissions of the City of Portland.
G. Standards: Regulations adopted by City Council that govern Neighborhood Associations, District Coalitions, Business District Associations and the Office of Neighborhood Involvement.
III. NEIGHBORHOOD ASSOCIATIONS
A. Recognition as a Neighborhood Association by the City of Portland
Neighborhood Associations that meet the following requirements, upon request, will be officially recognized by the City of Portland, and be eligible for the range of services provided by the Office of Neighborhood Involvement and/or their District Coalitions. The Office of Neighborhood Involvement will send a “Letter of Recognition” to the Neighborhood Association.
1. Boundaries
A Neighborhood Association must have clearly stated boundaries in its bylaws. The boundaries shall not overlap those of any other Neighborhood Association, except to the extent that each Neighborhood Association affected agrees in writing.
a. Creating or Modifying Neighborhood Association Boundaries
i. Neighborhood Associations are responsible for determining their own boundaries and describing them accurately in their bylaws.
ii. No Neighborhood Association shall choose boundaries that overlap with another Neighborhood Association’s boundaries except to the extent that the other Neighborhood Association agrees to the overlap in writing. No Neighborhood Association shall enlarge its boundaries if to do so would create an overlap with another Neighborhood Association unless the latter has agreed to the overlap in writing.
SECTION III: Neighborhood Associations
iii. The District Coalition and the Office of Neighborhood Involvement should be promptly notified in writing of all boundary change(s) so that notification processes, maps and brochures can be kept current and accurate.
iv. The minimum size of a Neighborhood Association is 100 acres and 200 households and/or businesses. Existing Neighborhood Associations with minimums below these criteria as of implementation date for these Standards are accepted as conforming.
b. Overlapping Boundaries
Boundaries shall not overlap those of any other Neighborhood Association, except to the extent that each affected adjoining Neighborhood Association agrees in writing. If the parties cannot make a decision, the Office of Neighborhood Involvement shall make a determination of boundaries. This decision shall be final and unappealable. (See also Section III, C, 3: Resolution of Boundary Disputes, this section. Page 7)
c. Neighborhood Boundaries Falling Outside the Portland City Limits
Boundaries of a recognized Neighborhood Association may extend beyond the Portland city limits at the discretion of the respective Neighborhood Association. Services to non-city residents may be limited by the District Coalition or the City.
2. Membership
Neighborhood Associations shall maintain membership, which is open to any person who lives and/or owns real property or holds a business license within the recognized boundaries of the Neighborhood Association. Other individuals or organizations may be members as further set forth in each Neighborhood Association’s bylaws. The list of the membership is the property of the Neighborhood Association and is not subject to public record requests.
3. Non-Discrimination
Neighborhood Associations shall not discriminate against individuals or groups on the basis of race, religion, color, sex, sexual orientation, gender identity, age, disability, legal citizenship,
SECTION III: Neighborhood Associations
national origin, income, or political affiliation in any of their policies, recommendations or actions.
4. Bylaws
Neighborhood Associations shall maintain and file with the Office of Neighborhood Involvement and appropriate District Coalition, if within a Coalition, an up-to-date set of bylaws, which provide for meeting these standards and include provisions for adopting and amending bylaws, establishing a quorum, and setting the agenda. Neighborhood Associations, if incorporated, must assure bylaws and articles of incorporation are in harmony.
5. Meeting Requirements
Neighborhood Associations shall set forth meeting requirements in their bylaws.
6. Open Meetings/Public Records
Neighborhood Associations shall abide by the open meetings/public records policy governing the neighborhood system as set forth in these Standards. (See Section VIII: Open Meetings and Public Records, page 37)
7. Grievances
Neighborhood Association bylaws shall include provisions relating to the resolution of grievances against the Neighborhood Association including: who is eligible to grieve, a process for the receipt of complaints, and a procedure for final resolution. These procedures shall abide by minimum standards outlined in Section VII: Grievance and Appeal Procedures, page 30.
8. Dues
Neighborhood Associations can not require collection of membership dues. Contributions made on a voluntary basis may be accepted.
9. Involving Business District Associations
Neighborhood Associations should encourage the participation of businesses and Business District Association representatives in
activities, meetings, and participation on governing bodies of Neighborhood Associations.
SECTION III: Neighborhood Associations
B. Benefits of Recognition
Recognized Neighborhood Associations are entitled to receive services including, but not limited to:
1. Placement in the Office of Neighborhood Involvement neighborhood directory, which lists the contact information of the Neighborhood Association, its President and/or other Neighborhood Association designated officers and committee chairs. This directory is a public document, which is widely used by the City for public outreach.
2. Placement on official Neighborhood Association maps, in brochures, and handbooks relating to neighborhood affairs.
3. Notification by agencies of the City as required in the City Code on matters that fall within the Neighborhood Association boundaries in regard to planning efforts, policy matters, and decisions affecting the livability, safety, and/or economic vitality of a neighborhood.
4. Support services, when affiliated with a District Coalition, which may include assistance with general communications, newsletters, grant writing, activity planning, public relations, outreach efforts, general information and referral, and other technical assistance.
5. Support services from the Office of Neighborhood Involvement for
crime prevention.
C. Operation of Neighborhood Associations
1. Communication
Neighborhood Associations are encouraged to maintain open communication with community members and neighborhood Business District Associations on pertinent matters and issues of mutual interest and to seek opportunities for discussion prior to taking action on such issues. (See Section IV, B, 2: Communication, page 14)
2. Mediation
Neighborhood Associations are encouraged to seek mediation among themselves and/or other organizations and entities if disagreements arise.
SECTION III: Neighborhood Associations
3. Resolution of Boundary Disputes
Boundary disputes should be resolved at the Neighborhood Association or District Coalition board level. If two or more Neighborhood Associations are unable to agree to a proposed boundary change the District Coalition board shall assist in resolving the dispute through the following process:
a. The District Coalition and the Neighborhood Association boards shall meet together to review the proposed boundary changes and attempt to reach a compromise solution. Mediation services are available as a helpful resource if requested.
b. If a solution to the boundary dispute cannot be reached by the affected Neighborhood Associations, they may select an alternate process, such as requesting a decision from the District Coalition board, or a survey or vote of the residents in all affected Neighborhood Associations. Before any such process is undertaken to resolve a boundary dispute, it shall be clearly described and agreed to in writing by all affected Neighborhood Associations. The results of any such process shall be final.
c. If the conflicting boundary dispute is not resolved within six months of the time it is formally brought to the attention of the appropriate Distrct Coalition board(s), the Office of Neighborhood Involvement shall make a determination of boundaries. This decision shall be final and unappealable.
4. Grievances
When grievances arrive Neighborhood Associations should consult grievance sections of their bylaws in addition to Section VII: Grievance and Appeal Procedures (page 30) of these Standards.
5. Liaison to District Coalition Board
To have a voice in setting goals and priorities for a District Coalition and in determining the allocation of the District Coalition’s
resources, a Neighborhood Association must participate as a member of its District Coalition board. Each Neighborhood Association that elects to participate should have a written procedure for selecting a delegate(s) to the District Coalition board.
SECTION III: Neighborhood Associations
6. Newly recognized or unaffiliated Neighborhood Association’s affiliation with a District Coalition
To become affiliated with a District Coalition, a newly recognized Neighborhood Association that is currently not affiliated with a District Coalition shall obtain a letter of agreement with the appropriate District Coalition board and inform the Office of Neighborhood Involvement no later than the end of the current calendar year. Affiliation shall become effective at a time agreed to by the District Coalition board and the Neighborhood Association. (Same as Section IV, E, 2: Process for newly recognized or unaffiliated Neighborhood Association to affiliate with a District Coalition. Page 22)
7. Positions on electoral issues
Neighborhood Associations shall not take positions in support of or opposition to any political candidate or party. They may take positions on ballot measures and referendums. (See also IV, B, 2, a, iii: Operational Procedure, Communication. Page 14.)
IV. DISTRICT COALITIONS
A. Basic Requirements of District Coalitions
Except as otherwise stated, the working and procedural relationship(s) among Neighborhood Associations, District Coalitions, and District Coalition staff shall be determined by the groups involved, and these relationships shall be respected by the Office of Neighborhood Involvement.
B. Goals and Procedures
A primary role of a District Coalition is to develop the organizational capacity of Neighborhood Associations to consider and act upon issues affecting the livability and quality of their neighborhoods.
District Coalitions should provide training, orientation, information and consultation to Neighborhood Associations and to neighbors according to the policies and directives of their respective boards of directors. It is the
role of the staff to be a resource to neighbors who in turn advocate a particular position on an issue.
1. Administrative Procedures
a. Annual Action Plan
Develop an annual action plan as directed by Neighborhood
SECTION IV: District Coalitions
Associations and submit to the Office of Neighborhood Involvement.
b. Reports to the Office of Neighborhood Involvement
File “performance indicators” as required and an “annual narrative” report at the end of the fiscal year with the Office of Neighborhood Involvement.
2. Operational Procedure
a. Communication
The following policies apply to District Coalitions and Neighborhood Association sanctioned communications including print and electronic media:
i. Neighborhood Associations and District Coalitions are responsible for the content of their respective communications.
ii. All positions taken or recommendations voted on are matters of record and may be reported in newsletters or reflected in official communications.
iii. Neighborhood Associations shall not take positions in support of or opposition to any political candidate or party. They may take positions on ballot measures and referendums.
iv. Neither City supplied funds nor private funds shall be used for communications in support of or in opposition to any political candidate. City supplied funds may not be used for communications in support or in opposition to ballot measures or referendum. Private funds, however, may be utilized regarding ballot measures and referendums.
v. Communications presenting personal opinions of a citizen must be identified as such and the name of the author must be included.
vi. Communications should not include statements that could be considered libelous or defamatory.
Section IV: District Coalitions
vii. A copy of each District Coalition or Neighborhood Association newsletter should be on file at the respective District Coalition. Neighborhood Associations not affiliated with a District Coalition should file a copy of each newsletter with the Office of Neighborhood Involvement. (Also see Section VIII, O: Retention of Records. Page 45.)
viii. Mailing and membership lists are the property of the Neighborhood Association and are not subject to public records requests. (Also see Section III, A, 2: Membership. Page 9.)
b. Inclusion and Participation
In the interest of addressing the need for participation and inclusiveness in Neighborhood Associations and increasing diversity in public involvement the District Coalitions support the participation of Portland’s diverse communities in the Neighborhood Association network including communities of people of color, renters and low-income individuals, working families with children, immigrants and refugees, seniors, students, young adults, people with disabilities, gay, lesbian, bi-sexual and trans-gendered people. The District Coalitions shall incorporate into an annual work plan action steps taken to:
i. Build partnership and outreach efforts with Portland’s diverse communities and organizations which lead to community and trust building activities.
ii. Provide opportunities for Neighborhood Associations to increase their effectiveness in recruiting, training and retaining volunteers and leadership from diverse
constituencies to participate in neighborhood activities.
iii. In partnership with the Office of Neighborhood Involvement, provide resources and assistance for making Neighborhood Association meetings and communications accessible to constituencies or individuals where assistance is either culturally appropriate or requested. This may include providing
Section IV: District Coalitions
language interpretation of meetings and translation of meeting fliers and newsletters for those whose English is a second language, identifying childcare options, seeking transportation solutions and meeting locations which are accessible to people with disabilities.
iv. Encourage the participation of businesses and Business District Association representatives in activities, meetings, and participation on governing bodies of the District Coalition and various Neighborhood Associations within that District Coalition’s boundaries.
C. Unique to Non-profit District Coalitions
Each non-profit district coalition is represented by a board of directors which is primarily composed of delegates duly selected by member Neighborhood Associations and any at-large members provided for in the non-profit District Coalition bylaws. This may include representatives of Business District Associations within that District Coalition’s boundaries. Non-profit District Coalitions represented by boards of directors are the neighborhood-based contracting agents with the City, which support citizen participation services and provide crime prevention linkages.
As the contracting agent for the coalition, each board must ensure that the non-profit District Coalition meets the following requirements:
1. Organizational Status
a. Incorporation
Be a non-profit corporation in good standing and registered with the Oregon Corporation Commissioner.
b. Tax Exempt
Qualify for exemption from corporate taxation under either 26 USC 501(c)(3) or 26 USC 501 (c)(4).
2. Bylaws
Maintain a current copy of the Non-Profit District Coalition bylaws with the Office of Neighborhood Involvement. In addition to the Articles of Incorporation required for non-profits by the State of Oregon, develop bylaws which also incorporate polices addressing:
Section IV: District Coalitions
a. Non-Discrimination
District Coalitions shall not discriminate against individuals or groups on the basis of race, religion, color, sex, sexual orientation, gender identity, age, disability, legal citizenship, national origin, income, or political affiliation in any of their policies, recommendations or actions.
b. Grievances
Procedures for addressing grievances with a District Coalition and appeals from Neighborhood Associations or individuals. (Refer to Section VII, D: Appeal and Grievance Procedures with a District Coalition, page 33).
3. Administrative Procedure
a. Personnel Policies
The staff hired by each non-profit District Coalition board of directors is funded in part with monies from the non-profit District Coalition contract with the City. The staff serves the non-profit District Coalition and is accountable to it. The non-profit District Coalition is the employer--not the City. The staff is subject to the non-profit District Coalition personnel policies, and staff performance should be measured in light of these policies and in furthering the activities set out in each non-profit District Coalition annual action plan.
All personnel issues relating to these employees are the responsibility of the non-profit District Coalition board. It is recommended that each board clearly establish the supervisory relationship between the board and staff and
among staff members themselves in order to have positive communication in both directions.
b. Affirmative Action
Have a policy that includes a statement of non-Discrimination and receive certification from the City of Portland Equal Employment Opportunity (EEO) Program.
c. Hiring Procedures
Selection of non-profit District Coalition staff shall be the responsibility of the non-profit District Coalition. Non-profit District Coalitions may request the Office of Neighborhood
Section IV: District Coalitions
Involvement’s representation on its hiring committees and shall notify ONI of hiring and/or termination of any staff.
d. Staff Salaries
Each District coalition shall compensate staff paid for by Office of Neighborhood Involvement funds based on its own salary policies while keeping equity among similar positions throughout the neighborhood structure in mind.
4. City Contract
Administer all City contractual funds, develop non-profit District Coalition budget, and negotiate City contracts in accordance with the procedures established by the Office of Neighborhood Involvement and in line with standard accounting and business practices. The scope of the Contract shall encompass the following:
a. Program Goals
The Contract shall include a statement of Program Goals.
b. Program Functions
The Contract shall include an itemized list of Program Functions.
c. Contractor Responsibilities
The Contract shall include an itemized list of Contractor Responsibilities.
d. Billing and Payment Procedure
The Contract shall include a specified Billing and Payment Procedure.
D. Unique to City-staffed District Coalition
A District Coalition, staffed by City employees has the goal of improving livability, sense of community and safety in the City of Portland by facilitating public participation and self-empowerment at the neighborhood level. These employees are City personnel and their supervisor is the Director of the Office of Neighborhood Involvement. Such District Coalitions shall have an advisory board to the director of the District Coalition to assist in the development of the annual action plan for that office. The advisory board is to be composed of representatives of the member Neighborhood Associations within that office’s boundaries. This advisory board may include representatives of Business District Associations within that District Coalition’s boundaries.
Section IV: District Coalitions
The director of the City-staffed District Coalition must ensure the office meets the following requirements:
1. Organizational Status
a. As a City-staffed District Coalition, be in good standing and in compliance with all relevant City of Portland Codes and policy procedures.
b. Be sanctioned by a Letter of Agreement between the Office of Neighborhood Involvement and all represented Neighborhood Associations within the geographical boundary of the respective City-staffed District Coalition.
2. Operating procedures of advisory board
Maintain a current copy of any operating procedures approved by representatives of at least 2/3rds of all represented Neighborhood Associations within the City-staffed District Coalition.
3. Memorandum of Agreement
Administer all City funds through a Memorandum of Agreement. Each Neighborhood Association in that District Coalition shall sign the Memorandum of Agreement. The scope of the Memorandum of Agreement shall encompass the following:
a. Annual Action Plan
The Memorandum of Agreement shall include an annual Action Plan.
b. Program Goals
The Memorandum of Agreement shall include a statement of Program Goals.
c. Program Functions
The Memorandum of Agreement shall include an itemized list of Program Functions.
d. Grievances
The Memorandum of Agreement shall include procedures for addressing grievances with a District Coalition and appeals from Neighborhood Associations or individuals. (Refer to Section VII, D: Appeal and Grievance Procedures with District Coalitions, page 33.)
Section IV: District Coalitions
E. Process for change in organizational affiliations of Neighborhood
Associations and District Coalitions
Change in organizational affiliations for Neighborhood Associations and District Coalitions is a major issue which entails considerable time, communication and dollars. Such action must not be undertaken lightly nor as a result of momentary problems or personality disputes. Such action will require extensive coordination and communication between multiple Neighborhood Associations and District Coalitions. In addition, such action may result in disbanding of an existing legal non-profit corporation and/or the formation of a new one. Many things will be affected and will have to be addressed including, but not limited to, the following: fiscal, corporate, and fudiciary considerations and consequential matters such as changing maps, brochures, and mailing lists.
1. Process for the Creation of a new District Coalition
a. A minimum of six (6) adjacent Neighborhood Associations
must determine that there are substantial positive reason(s)
for creating a new District Coalition.
b. Creating District Coalitions in which Neighborhood
Associations do not share boundaries is not allowed.
c. Each Neighborhood Association must determine a substantial positive reason(s) for moving and document deliberations for such reasoning in meeting minutes.
d. Neighborhood Associations must pass a motion requesting a
specific move to a new District Coalition by a super-majority
(2/3) of the members present at a general membership annual meeting. The required quorum must be met.
e. Passage of the motion must be recorded in minutes of each of the respective Neighborhood Association meetings.
f. Each Neighborhood Association will send a letter to the Director of the Office of Neighborhood Involvement requesting approval of the move and creation of a new District Coalition.
g. If necessary, the Director of the Office of Neighborhood Involvement or designee will facilitate a discussion (or series of discussions) at which he/she determines if the request was properly dealt with by the Neighborhood Associations; if it is warranted; if it is acceptable to the Office of Neighborhood Involvement; and likely to be acceptable to other affected District Coalitions.
h. The public shall be afforded the opportunity to provide comment. A public meeting shall be held allowing for input.
Section IV: District Coalitions
i. If the above conditions are NOT met and the Director of ONI feels further discussion will not lead to resolution; s/he notifies the Neighborhood Associations and the affected District Coalitions --in writing--that the request has been denied and the reason why. This decision is final. Reapplication to create a new coalition can occur a year later.
j. If the above conditions ARE met, creation of a new District
Coalition and subsequent move of Neighborhood
Associations to that District Coalition may proceed according
to the approved timetable.
k. The Office of Neighborhood Involvement shall provide in writing to all affected parties a decision regarding the request.
l. If approved, new District Coalition boundaries will be implemented effective the succeeding July 1.
m. The new coalition will be subject to following the applicable City Code and Office of Neighborhood Involvement Standards.
n. Approval for the creation of a new District Coalition does not automatically guarantee City funding commensurate with other District Coalitions.
o. The new District Coalition shall be reaffirmed by a vote at the respective general membership meetings of 3/4 of the participating Neighborhood Associations and be re-approved
by the Director of the Office of Neighborhood Involvement one year after its original approval.
p. A new District Coalition structure representing its respective Neighborhood Associations must meet the following administrative requirements:
i. Maintain liability insurance for Neighborhood Associations comparable to that of those involved in the existing structure;
ii. Acquire a federal tax ID number as necessary for the
transfer of funds;
iii. Incorporate under the laws of the State of Oregon if necessary for legal or financial reasons;
iv. Develop and sign a letter of agreement for operations
with the Office of Neighborhood Involvement,
including an annual Action Plan; and,
Section IV: District Coalitions
v. Meet all requirements of District Coalitions as set forth
in these Standards, except those specifically referring
to service delivery structural issues.
2. Process for newly recognized or unaffiliated Neighborhood Association to affiliate with a District Coalition
a. To become affiliated with a District Coalition, a newly
recognized Neighborhood Association that is currently not
affiliated with a District Coalition shall obtain a letter of
agreement with the appropriate District Coalition board and
inform the Office of Neighborhood Involvement no later than
the end of the current calendar year.
b. Affiliation shall become effective at a time agreed to by the District Coalition board and the Neighborhood Association. (Same as Section III, C, 6: Newly recognized or unaffiliated Neighborhood Association’s affiliation with a District Coalition. Page 13.)
3. Process for an existing Neighborhood Association to move from one District Coalition to join another
a. A Neighborhood Association must determine a substantial
positive reason(s) for moving and document deliberations for
such reasoning in meeting minutes.
b. Realigning a Neighborhood Association with a District Coalition with which it does not currently share a boundary is not allowed.
c. A Neighborhood Association must pass a motion requesting a specific move to a new District Coalition by a super-majority (2/3) of its general membership present at an annual meeting.
d. Passage of the motion must be recorded appropriately in the minutes of the meeting.
e. The Neighborhood Association sends the request, in writing, to the Director of the Office of Neighborhood Involvement requesting approval of the move from one District Coalition to another.
f. If necessary, the Director of the Office of Neighborhood Involvement or designee facilitates a discussion (or series of discussions) at which he/she determines if the request was properly dealt with by the Neighborhood Association; if it is
Section IV: District Coalitions
warranted; if it is acceptable to the Office of Neighborhood Involvement; and likely to be acceptable to other affected District Coalitions.
g. If the above conditions are NOT met and the Director of the Office of Neighborhood Involvement feels further discussion will not lead to resolution; s/he notifies the Neighborhood Association and the affected District Coalition--in writing--that the request has been denied.
h. If the above conditions ARE met, the process may proceed.
i. Each District Coalition shall discuss the move at a regularly scheduled board of directors meeting. Official action by the board shall be taken on the request, results noted in minutes, and copies of minutes sent to the Office of Neighborhood Involvement, the other affected District Coalition and Neighborhood Associations.
j. The Office of Neighborhood Involvement shall provide in writing to all affected parties a decision regarding the request. If approved, new District Coalition boundaries will be implemented--effective the succeeding July 1.
4. Changing from a City-staffed District Coalition to a Non-profit District Coalition and vice-versa
Changes to the structures developed for the delivery of Neighborhood Association services must meet the following criteria:
a. Shall be proposed in writing to the Office of Neighborhood
Involvement at the request of a minimum of 3/4 of the
recognized Neighborhood Associations within the same District Coalition area at the time of the request.
b. To join such a request, any Neighborhood Association shall have previously ratified its approval by a vote at a duly scheduled, publicized, and conducted general membership meeting. Unless the bylaws of a Neighborhood Association state differently, the vote shall require a simple majority.
c. A public meeting shall be held allowing for input. The public shall be afforded the opportunity to provide comment.
d. Shall have the concurrence of the Director of the Office of Neighborhood Involvement or her/his designee to ensure compliance with City policies and procedures.
e. Shall be capable of delivering comparable or better services--in kind, quantity, and quality--to those being delivered at the time of the request and/or contracted for at the time of the request.
Section IV: District Coalitions
f. Shall assure the Neighborhood Associations' continued and on-going compliance with the Office of Neighborhood Involvement Standards;
g. Shall be cost-neutral, unless additional funds are specifically provided by City Council or other sources.
h. Participating District Coalitions must:
i. Maintain liability insurance for their Neighborhood Associations comparable to that held in the existing structure;
ii. Acquire a federal tax ID number as necessary for the transfer of funds;
iii. Incorporate under the laws of the State of Oregon if necessary for legal or financial reasons;
iv. Develop and sign a letter of agreement for operations with the Office of Neighborhood Involvement, including an annual Action Plan; and,
v. Meet all requirements of District Coalitions as set forth in these Standards, except those specifically referring to service delivery structural issues.
i. Shall be reaffirmed by vote one year after its original approval, at a general membership meeting, of each of 3/4 of the individual participating Neighborhood Associations and be re-approved by the Office of Neighborhood Involvement Director.
If reaffirmed following a one-year period, the new structure may not be substantially altered for a minimum of three additional years unless "unusual circumstances" (as decided by the Office of Neighborhood Involvement with advice from the Bureau Advisory Committee) arise. Any such subsequent change(s) must meet the criteria of the original change, with the exception of changes due to reductions in funds or other emergencies.
V. City of Portland Office Of Neighborhood Involvement
The Office of Neighborhood Involvement (ONI) will provide support for District Coalitions, Neighborhood Associations and related public involvement services. The Bureau will develop an annual action plan in coordination with the ONI
Section V: Office of Neighborhood Involvement
Bureau Advisory Committee and District Coalitions. The bureau will report to the
Commissioner-in-charge on activities and concerns relating to public participation and the neighborhood system. The Bureau will fulfill other related responsibilities as are assigned by Council and as fiscal and organizational capacity permit. The bureau will also adhere to any established citywide standards for public involvement as other City bureaus.
A. Coordinate citywide neighborhood system
1. Collaborate with the Office of Neighborhood Involvement Bureau
Advisory Committee, District Coalitions and Neighborhood Associations in planning, developing and coordinating Portland’s Neighborhood Association system.
2. Maintain a Bureau Advisory Committee (BAC) for the purpose of providing recommendations regarding goals, priorities, policies, and budgets of the Office of Neighborhood Involvement. The BAC shall include volunteer representatives from each District Coalition, a representative of the District Coalition Directors, and volunteers active or familiar with each of ONI’s major programs.
3. When appropriate coordinate Neighborhood Summits for the purpose of facilitating dialogue amongst Neighborhood Association leaders on citywide neighborhood issues, program policy and funding, and leadership skills topics.
4. Coordinate monthly meeting of District Coalition Board Chairs and Directors for the purpose of addressing critical administrative, budget, policy, and program issues.
B. Contract Management
1. Negotiate contracts and maintain fiscal and program accountability for the funds routed to each District Coalition through their boards and/or advisory committees.
2. Monitor for compliance and enforce the contracts entered into between the City and the District Coalitions through their boards and/or advisory committees.
Section V: Office of Neighborhood Involvement
C. Resource Development
1. Advocate with Council for continued and expanded funding to support the District Coalitions and the Neighborhood Association system to maximize its potential.
2. Assist District Coalitions and Neighborhood Associations in identifying and submitting proposals for alternative funding sources for expanding public participation services.
D. Leadership Skills Training and Board Orientation
1. Coordinate, as supported by the Bureau’s budget, supplemental leadership training and technical assistance with District Coalitions to assist Neighborhood Associations and other community groups on skill sets relating to working with City public involvement processes; basic non-profit organizational and board development skills; communication and diversity outreach strategies; and basic land use processes.
2. Provide a Public Involvement Handbook and other supplemental board orientation materials for the use of Neighborhood Associations, District Coalitions, and community groups. This includes services provided by the Office of Neighborhood Involvement; overview of City bureaus and contact information; basic land use terms and processes; basic non-profit organizational and board development skills; and communication and diversity outreach strategies.
E. Inclusion and Participation
In the interest of addressing the need for participation and inclusiveness in Neighborhood Associations and increasing diversity in public involvement the Office of Neighborhood Involvement supports the participation of Portland’s diverse communities in the neighborhood association network including communities such as people of color, renters and low-income individuals, working families with children, immigrants and refugees, seniors, students, young adults, people with disabilities, gay, lesbian, bi-sexual and trans-gender people. The Office of Neighborhood Involvement shall incorporate into an annual action plan action steps taken to:
1. Provide technical assistance, such as neighborhood demographic data, to District Coalitions relating to development and implementation of action plans,
Section V: Office of Neighborhood Involvement
2. Provide technical assistance to District Coalitions to develop partnerships with Portland’s diverse communities and organizations. Develop a database of community organizations for the use of District Coalitions,
3. Provide technical assistance to District Coalitions in providing opportunities for Neighborhood Associations to increase their effectiveness in recruiting, training and retaining volunteer leadership from diverse constituencies to participate in neighborhood activities.
4. Provide resources and technical assistance to District Coalitions in efforts to make Neighborhood Association meetings and communications accessible to constituencies or individuals where assistance is either culturally appropriate or requested. This may include providing language interpretation of meetings and translation of meeting fliers and newsletters for those for whom English is a second language, identifying childcare options, transportation solutions and meeting locations which are accessible to people with disabilities.
F. Grievances
The Office of Neighborhood Involvement shall follow procedures for addressing grievances with the Office of Neighborhood Involvement and appeals from Neighborhood Associations, District Coalitions and individuals or entities that conform with section VII, E: Appeal and Grievance Procedures with the Office of Neighborhood Involvement, (page 35) of these Standards.
G. Other Neighborhood Association assistance
Process requests from Neighborhood Associations seeking recognition by the City and/or Business District Associations seeking acknowledgement from the City. Make provisions for assisting newly forming Neighborhood Associations.
H. Information and Referral
In collaboration with the City/County Information and Referral Center provide the following services:
1. Maintain a current listing of contact persons for District Coalitions, Neighborhood Associations, Business District Associations as well as a wide range of other community organizations.
Section V: Office of Neighborhood Involvement
2. Maintain and publicize the meetings of the District Coalitions, Neighborhood Associations, and Business District Associations in print and electronic formats.
3. Provide access to informational brochures about Office of Neighborhood Involvement programs and services as well as other government agencies when available.
I. Public Involvement Policy
The Office of Neighborhood Involvement shall write and implement a Policy of Public Involvement.
J. Other City agencies
1. Encourage City bureaus to adhere to the Principles of Public Involvement adopted by City Council.
2. Promote and facilitate open communication and notification from City agencies to Neighborhood Associations and District Coalitions.
3. Promote and facilitate communication amongst City agencies about public involvement best practices, current or upcoming issues and projects.
VI. BUSINESS DISTRICT ASSOCIATIONS
A. Requirements for being acknowledged as a Business District Association by the Office of Neighborhood Involvement
1. Basic Requirements
Business District Associations which have status as a Mutual Benefit Corporation or other non-profit designation of the State of Oregon, and meet the following will, upon request, be officially acknowledged by the City of Portland and be eligible for services and support (if available) provided by the Office of Neighborhood Involvement.
a. Membership
Membership shall be open to any business licensee or owner of property zoned for, or used for, a business purpose within the boundaries of the Business District Association.
Section VI: Business District Associations
Other individuals or organizations (such as Neighborhood Associations) may be members as set forth in each Business District Association’s bylaws.
b. Boundaries
Geographic boundaries must be clearly stated in each Business District Association’s bylaws. Boundaries may not overlap those of other Business District Associations unless agreed to in writing.
a c. Non-discrimination
Business District Associations will not discriminate against individuals or groups based on race, religion, color, sex, sexual orientation, gender identity, age, disability, legal citizenship, national origin, income, or political affiliation in any of their policies, recommendations or actions.
d. Size
A Business District Association shall have at least 75 businesses within its geographic boundaries.
e. Bylaws
A Business District Association shall provide the Office of Neighborhood Involvement and the Alliance of Portland Neighborhood Business Associations or other designated entity up-to-date copies of bylaws, which meet the above criteria and include provisions for adopting and amending bylaws, establishing a quorum, setting the agenda, notification, elections, annual meetings, meeting requirements, and the grievance process.
f. Meeting requirements
Bylaws must provide for regular meetings. A general meeting must occur at a minimum once per year with notice to elect a Board of Directors. Business District Associations are encouraged to hold open meetings and maintain public records.
2. Affiliations
a. Each Business District Association is encouraged to participate on citywide and District Coalition committees on pertinent matters and issues of mutual interest. Individual
Section VI: Business District Associations
members are encouraged to attend and participate in neighborhood activities.
b. Each Business District Association is encouraged to attend and participate in appropriate Neighborhood Associations, and is encouraged to maintain open communication with other Business District Associations, surrounding neighborhoods, and the District Coalition serving its area.
c. Each Business District Association is encouraged to seek mediation among themselves and/or other organizations and entities if disagreements arise over issues.
3. Acknowledgement as a Business District Association by the City of Portland
After acknowledgement, Business District Associations are entitled to receive services and/or support including but not limited to:
a. Placement on the Office of Neighborhood Involvement “Neighborhood Directory” which lists the names, addresses, phone numbers, e-mail and web addresses of the Business District Association, its president, a designated contact person and staff, if any. The contact list will be used to send mailings from City agencies.
b. Mediation services which can be used for resolving disagreements between Business District Associations or a Business District Association and its Neighborhood Association(s).
c. Notification by appropriate City bureaus on pertinent matters that fall within Business District Association boundaries or will affect their activities.
VII. GRIEVANCE AND APPEAL PROCEDURES
A. Purpose
The goal of this section is to create a just and fair grievance procedure for Neighborhood Associations, District Coalitions, and the Office of Neighborhood Involvement. Complying with these grievance procedures
Section VII: Grievance and Appeal Procedures
does not take away any legal options for the parties that they may have
under respective local, county, state, or federal laws. Neighborhood Associations and District Coalitions shall consult the grievance sections of their bylaws in addition to using this section.
B. Definitions
1. Grievance: A complaint formally expressed in writing by an individual, (the grievant), or individual representing a Neighborhood Association, District Coalition, or organization to which the grievant belongs regarding a specific alleged violation.
Grievances are limited to procedural violations of a Neighborhood Association’s or District Coalition’s bylaws or Office of Neighborhood Involvement Standards that directly affect the outcome of a group’s decision.
A Grievance is a recognized action and requires a written response from the neighborhood leadership. The response is part of a process to encourage fair and equitable treatment of all individuals involved in neighborhood volunteer efforts.
2. Grievant: Anyone who submits a grievance and alleges s(he) has been harmed by a violation of their Neighborhood Association’s bylaws, District Coalition’s bylaws or a violation of these Standards.
3. Respondent: A person or entity against whom the grievance is lodged. A respondent can be an organization (Neighborhood Association, District Coalition, or the Office of Neighborhood Involvement) or its officers, board of directors or committee subject to the organization’s bylaws or Office of Neighborhood Involvement Standards.
C. Grievance procedures for Neighborhood Associations
Prior to the filing of any grievance or appeal, parties are encouraged to follow the following steps towards resolving differences:
1. One-on-one dialogue: Individuals or groups are encouraged to first seek resolution of differences through one-on-one dialogue. Consider contacting an officer of the Neighborhood Association or District Coalition for advice.
Section VII: Grievance and Appeal Procedures
2. Mediation: A circumstance could present itself that may require an individual to facilitate the discussion with the affected parties of the grievance. If the affected parties are unable to settle upon a facilitator to assist them in their meeting, then the parties should consult with the Office of Neighborhood Involvement for assistance through the Neighborhood Mediation Program.
3. Grievance procedure with a Neighborhood Association:
Neighborhood Associations shall have internal grievance procedures outlined in their bylaws. Grievance procedures shall at a minimum include the following:
a. A grievance must contain an alleged violation of the subject Neighborhood Association’s bylaws or these Standards.
b. Bylaws of a Neighborhood Association must designate that a grievance be brought to a Neighborhood Association president, designated Neighborhood Association officer, or designated committee of the Association and/or board as provided in the bylaws.
c. A grievance must be submitted by the grievant within 45 business days of the alleged incident. The grievance must be reviewed and responded to by the appropriate Neighborhood Association procedures within 60 calendar days from receipt of the grievance.
d. The Neighborhood Association’s consideration of the grievance shall be open to the public. The findings of a grievance shall be a matter of public record. Deliberations of the decision-makers, however, may be held in executive session.
e. The Neighborhood Association’s response shall be in writing and include supporting findings of the decision. The association is encouraged to maintain any supporting documents in case of appeal.
f. Only upon unsatisfactory resolution of a grievance with a Neighborhood Association may the grievant appeal to the appropriate District Coalition. The grievant has fourteen
Section VII: Grievance and Appeal Procedures
calendar days from the date the decision is rendered to appeal.
D. Appeal and grievance procedures with District Coalitions:
Parties are asked to follow the following steps towards resolving differences.
1. One-on-one dialogue: Individuals or groups are encouraged to first seek resolution of differences through one-on-one dialogue. Consider contacting an officer of the Neighborhood Association or District Coalition for advice.
2. Mediation: A circumstance could present itself that may require an individual to facilitate the discussion with the affected parties of the grievance. If the affected parties are unable to settle upon a facilitator to assist them in their meeting, then the parties should consult with the Office of Neighborhood Involvement for assistance through the Neighborhood Mediation Program at Resolutions Northwest.
3. Appeal procedure to a District coalition:
a. District Coalitions shall have internal appeal procedures outlined in their bylaws.
b. Appeals of a grievance from a Neighborhood Association brought to a district coalition must contain an alleged violation of the appropriate Neighborhood Association’s bylaws or Standards.
c. Bylaws of a District Coalition must designate that an appeal be reviewed and heard by a District Coalition staff person, board president, designated board officer, or designated committee of the board or advisory committee.
d. An appeal must be submitted to the District Coalition by the grievant within fourteen business days of adjudication of the grievance by the Neighborhood Association. The appeal must be reviewed and responded to by the District Coalition within 60 calendar days from the date the appeal was received.
Section VII: Grievance and Appeal Procedures
e. The District Coalition’s consideration of the grievance is not required to be open to the public. Only the initial hearing of a grievance with the Neighborhood Association need be open. The findings of a grievance shall be a matter of public record.
f. Only upon unsatisfactory resolution of an appeal with an established District Coalition may the grievant appeal to the Office of Neighborhood Involvement. The grievant has fourteen calendar days to appeal.
4. Grievance procedure with a District Coalition:
District Coalitions shall have internal grievance procedures outlined in their bylaws. Grievance procedures shall at a minimum include the following:
a. A grievance against a District Coalition must contain an alleged violation of the subject District Coalition’s bylaws or these Standards.
b. Bylaws of a District Coalition must designate that a grievance be reviewed and heard by a District Coalition staff person, board president, designated board officer, or designated committee of the board as provided in the bylaws.
c. A grievance must be submitted to the District Coalition within 45 business days of the alleged incident. The grievance must be reviewed and responded to by the District Coalition within 60 calendar days from the date the grievance was received.
d. District Coalition consideration of the grievance shall be open to the public. The findings of a grievance shall be a matter of public record. Deliberations of the decision-makers, however, may be held in executive session.
e. The District Coalition’s response shall be in writing and include supporting findings of the decision. The District Coalition shall maintain any supporting documents in case of appeal.
Section VII: Grievance and Appeal Procedures
f. Only upon unsatisfactory resolution of a grievance may the grievant appeal to the Office of Neighborhood Involvement. The grievant has fourteen calendar days from the date the decision is rendered to appeal.
E. Appeal and grievance procedures with the Office of Neighborhood Involvement:
Parties are asked to follow the following steps towards resolving differences.
1. One-on-one dialogue: Individuals or groups are encouraged to first seek resolution of differences through one-on-one dialogue. Consider contacting a program manager or bureau director.
2. Mediation: A circumstance could present itself that may require an individual to facilitate the discussion with the affected parties of the grievance. If the affected parties are unable to settle upon a facilitator to assist them in their meeting, then the parties should consult with the Office of Neighborhood Involvement for assistance through the Neighborhood Mediation Program.
3. Appeal procedure with the Office of Neighborhood I Involvement:
a. Grievances appealed to the Office of Neighborhood Involvement must contain an alleged violation of the Office of Neighborhood Involvement Standards.
b. Appeals must be submitted in writing, within fourteen calendar days of final adjudication of a grievance by a District Coalition. The appeal must be reviewed and responded to by the Office of Neighborhood Involvement within 60 calendar days from the date the grievance was received.
c. The appeal must be in the following format:
i. Provide a fully detailed explanation of the process, rule, or procedure stated in the Standards that is in question, i.e. what is being grieved.
Section VII: Grievance and Appeal Procedures
ii. Describe the individual or organization that is directly harmed and why they are harmed.
iii. A remedy (solution) that would satisfy the grievant.
iv. Typed on maximum of three pages.
v. Provide three copies of the grievance.
d. The appeal will be reviewed by the Director of the Office of Neighborhood Involvement or designee to make certain all the requirements of the grievance and appeal process are met. The Office of Neighborhood Involvement has the exclusive right to determine whether an appeal meets the threshold criterion of containing a credible allegation of a substantial violation of the Standards and if the grievant has exhausted all attempts to resolve the original grievance within internal Neighborhood Association and District Coalition procedures. If any part of the appeal is found to be missing the grievant has fourteen calendar days to resubmit the appeal. Otherwise, the Grievance automatically dies.
e. The Office of Neighborhood Involvement has the right to determine if there has been a substantial violation of the Standards and order appropriate remedies. Remedies may range from requiring a Neighborhood Association to redo a decision-making process to de-recognition by the Office of Neighborhood Involvement.
f. Final adjudication of the appeal is by the Director of the Office of Neighborhood Involvement and/or designee. A response will be sent within 24 hours via United States Postal Service, registered mail return receipt requested, to both the grievant and respondent.
4. Grievance procedure with the Office of Neighborhood Involvement:
a. Grievances of an action of the Office of Neighborhood Involvement must be based upon an alleged violation of the Standards.
Section VII: Grievance and Appeal Procedures
b. Grievances must be submitted in writing within 45 calendar days of the incident. The Grievance must be reviewed and responded to in writing by the Office of Neighborhood Involvement within 60 calendar days from the date the grievance was received.
c. The grievance must meet the same format requirements for an appeal as stated above in this section, (VII, E, 3, c: Appeal procedure with the Office of Neighborhood Involvement. Page 35.)
d. The Grievance will be reviewed by the Office of Neighborhood Involvement. ONI has the exclusive right to determine whether a grievance meets the threshold criterion of containing a credible allegation of a substantial violation of the Standards.
e. Adjudication of the grievance is by the Director of the Office of Neighborhood Involvement. A response will be sent via United States Postal Service, registered mail return receipt requested, to both the grievant and respondent.
f. Only upon unsatisfactory resolution of a grievance with the Office of Neighborhood Involvement may the grievant appeal to the Commissioner in charge of ONI.
VIII. Open Meetings and Public Records
A. Purpose
Public participation in the civic affairs of local government is a hallmark of democratic societies and of government that responds to the public it serves. Neighborhood Associations and District Coalitions are an integral part of the structures that support timely, meaningful, vigorous, and diverse public participation in the civic affairs of the City of Portland. To foster that public participation, Neighborhood Associations and District Coalitions, with limited exceptions, as noted in this section, shall:
1. Conduct their affairs in meetings open to and with adequate notice to the public, and,
2. Make their records available for public review in accordance with this section.
Section VIII: Open Meetings and Public Records
All Neighborhood Associations and District Coalitions shall comply with this section. Business District Associations are encouraged to comply with this section.
B. Definitions
1. “Committee” includes a subcommittee, task force, or other group organized to conduct business of a Neighborhood Association or District Coalition.
2. “Decision” includes all decisions and policy recommendations, except routine day-to-day decisions, within the scope of authority of general membership, board, or committees. Examples of routine day-to-day decisions are those of staff carrying out his or her duties; performance of duties required or authorized by bylaws, such as preparation of agendas and notices; and the details of the manner in which decisions are implemented. “Decision” also excludes elections of board members, officers, delegates or other elected positions of Neighborhood Associations or District Coalitions.
3. “Executive session” means the whole or part of a meeting of the general membership, board, or committee that is closed to certain persons for the period of deliberation on the matters listed below in this section, (VIII, D, 2: Meetings Open to the Public. Page 39.)
4. “General membership”, “board”, and “committee” mean the general membership, board, or committee of a Neighborhood Association or District Coalition.
5. “Meeting” means the convening of the general membership, board, or a committee for which a quorum is required in order to make a decision on any matter or to deliberate toward such a decision. Subcommittees without executive authority are not subject to quorum requirements or to these open meeting standards.
6. “Quorum” means the minimum number of general membership, board or committee members who must be present at a meeting in order to take a vote that results in a decision. The quorum must either be a fixed number or number that can be calculated from a clear formula in the bylaws or other rules of the Neighborhood Association or District Coalition. Calculation of a clear formula will
Section VIII: Open Meetings and Public Records
allow the quorum to vary for reasons such as vacant seats on a board or committee. It is invalid for bylaws or other rules to provide that whatever number of members is present constitutes a quorum.
7. “Records” include any writing, or part thereof, containing information relating to the conduct of the business of a Neighborhood Association or District Coalition that is prepared, owned, used, or retained by the Neighborhood Association or District Coalition; provided however that “records” shall not include calendars, diaries, planners, personal organizers, or similar items of members or employees; nor shall it include electronic mail intended as private communication between two or more people and not related to Neighborhood Association and District Coalition business.
8. “Writing” means any means of recording information, electronic or non-electronic.
9. “Executive Authority” means having authority to make decisions on behalf of a Neighborhood Association or District Coalition as defined by their bylaws.
C. Decisions Shall Be Made At Meetings
Members of a general membership, board, or committee, as established by the governing bylaws, shall make all decisions and conduct all deliberations toward a decision at a meeting open to the public at which a quorum is in attendance. (See D: Meetings Open to Public, below in this section. Page 39.) Members have one vote each and decisions shall be made by a vote that is at least a majority vote of those members who are voting. Proxy voting is prohibited. Members may gather informally but shall not make or deliberate toward a decision.
D. Meetings Open to Public
1. Except as otherwise provided below, meetings must be open to public attendance, with notice provided and minutes taken as provided in these Standards.
2. Neighborhood Associations and District Coalitions may close meetings or parts of meetings to public attendance when in
executive session. An executive session is limited to members of
Section VIII: Open Meetings and Public Records
the governing body, others reporting to the body on the subject of the executive session, and the media. The body may include others at their discretion. Any information revealed in an executive session is considered privileged and may not be reported. Executive sessions may be held only to deliberate toward a decision on the following matters:
a. Personnel matters such as hiring, performance review, firing, discipline, and compensation;
b. Mediation of personal disputes among members or employees, but not including grievances;
c. Consultation with legal counsel;
d. Consideration of records exempt from release by law; and
e. Preparation for presentation of testimony in appeals of land use review decisions.
f. Consideration of grievances. However, the findings and documents of a grievance shall be a matter of public record.
3. Voting to render a decision, including a decision on matters considered in executive session, must be done in a meeting open to public attendance.
4. Minutes must be kept during executive sessions but they can be filed in a separate location from regular meeting minutes. (See below in this section VIII, E, 3: Notice regarding content of meeting notices for executive sessions. Page 42.)
E. Notice
1. Neighborhood Associations and District Coalitions shall provide the following notice for all meetings and elections described above in section VIII, D: Meetings Open to Public, Page 39:
a. Notice to the general public reasonably calculated to give actual notice:
i. When practicable, notice of a Neighborhood Association meeting shall be published in the respective newsletter of the Neighborhood Association or District Coalition serving that Association. Notice of a District Coalition meeting shall be published in the newsletter of that District Coalition. Such publication constitutes sufficient
Section VIII: Open Meetings and Public Records
notice under this section.
ii. In the absence of such publications a Neighborhood Association should attempt to publish notice in a regularly scheduled for-profit community newspaper, many of which do provide community calendars for free.
iii. ONI shall post monthly neighborhood meeting information on the ONI PortlandOnline website. It is the responsibility of Neighborhood Associations to provide any updated changes to meeting information to their District Coalitions and ONI by their established deadlines. Unaffiliated Neighborhood Associations work with ONI directly. Such online posting constitutes sufficient notice under this section.
iv. ONI shall also notify local media on a monthly basis with meeting information. This is not a guarantee that for-profit publications will provide the listing.
v. Other methods of notice include posting of notices on public bulletin boards, door-to-door distribution of flyers, press releases, phone banks, electronic mail, websites, cable access TV, and faxes. These should be established ongoing outreach methods by a Neighborhood Association in order to be sufficient notice under this section.
vi. Notice under this section (VIII, E, 1, a) must be given seven days before the meeting.
b. Direct notice to members of a board or committee that is meeting, and individuals and news media that have requested notice. Direct notice shall be notice delivered to members by hand, U.S. postal service mail, or private delivery service, or by verified fax or electronic mail. When the above methods are not practicable, notice may be done by telephone. The notice shall be sent by a time that in the regular course of delivery will allow the recipient to receive the notice at least one day before the meeting.
Section VIII: Open Meetings and Public Records
2. Applicants in land use and liquor license reviews should receive direct notice of a meeting when their issue is on the agenda, even if they have not specifically requested it in writing.
3. All notice, written or verbal, shall state the date, time, and place of the meeting, and a brief description of topics on the agenda. Other topics that arise after notice is given may be added to the agenda at the meeting. Notices to the public of meetings conducted by telephonic communication shall include the location where the public may listen to or read the communication during the meeting. Notices of meetings held in executive session shall state the meeting will be held in executive session.
F. Notice for emergency meetings
Emergency meetings may be held with less than seven days’ notice but not less than 24 hours notice. Direct notice as timely as practicable under the circumstances shall be provided to members of a board or committee that is meeting, and to individuals and news media that have requested notice. Notice to the general public shall be provided as set forth above in this section E, 1, a: Notice (Page 40). Parties who are known to have a direct interest in the topic of a meeting should receive direct notice, even if they have not specifically requested so in writing. Minutes of the emergency meeting shall state the nature of the emergency and state why the meeting could not be delayed to allow at least seven days’ notice. Members conducting business at the meeting may make decisions or deliberate toward decisions only on the agenda topic or topics for which the emergency meeting was called.
G. Meeting location
1. Except as set forth below in this section VIII, G, 5: Meeting Location, meetings shall be conducted at a single location so that all members of the Neighborhood Association or District Coalition and the public in attendance physically convene in one place. Whenever practicable, meetings shall be held within the boundaries of their Neighborhood Association or District Coalition. Meetings not held within the boundaries shall be held as near as practicable to the Neighborhood Association’s or District Coalition’s boundary.
2. Meetings shall not be held in locations where any person attending the meetings would face discrimination on the basis of race, religion, color, sexual orientation, gender identity, age, disability, legal citizenship, national origin, income, or political affiliation.
Section VIII: Open Meetings and Public Records
3. Meetings shall be held in locations accessible to people with disabilities.
4. Neighborhood Associations and District Coalitions shall make a good faith effort to provide an interpreter for hearing-impaired people and for individuals who do not speak English as their primary language. In order to provide sufficient time to try to locate the necessary assistance meeting notices should indicate that any special needs must be made known to the Neighborhood Association or District Coalition a reasonable period of time before the meeting.
5. Meetings held in a single location may include the participation of members who are in telephonic communication. But meetings conducted solely or primarily by telephonic communication shall be held only in extraordinary circumstances when a meeting at a single location is not practicable. If the meeting is not an executive session, there shall be a location where the public can listen to the communication and participate to the extent public participation is allowed.
H. Public participation
The chair of the meeting controls the extent of public participation subject to any controlling bylaws or other rules of the Neighborhood Association or District Coalition. Neighborhood Associations and District Coalitions are not required to allow public participation in board or committee meetings, although the public is entitled to be present.
I. Disruptions
Subject to any controlling bylaws or other rules of the Neighborhood Association or District Coalition, the chair of a meeting may have anyone removed who disrupts a meeting after receiving at least one verbal warning during the same meeting.
J. Voting
1. Subject to any controlling bylaws or other rules of the Neighborhood Association or District Coalition, voting at meetings may be done orally, by a show of hands, or by a written ballot that contains the name of the member voting and the vote of that member. For election of officers, board members, and other representative and delegates, voting may be done by secret ballot. Upon the request of any voting member, a show of hands shall
Section VIII: Open Meetings and Public Records
follow an oral vote. Anyone wishing to see written ballots may do so at the meeting or anytime thereafter before the ballots are discarded. Written ballots must be retained for a period of 60 days after the vote and then may be discarded.
2. Proxy voting and voting by mail are prohibited. Voting in elections need not be held during meetings but may be kept open for up to 24 hours.
K. No Smoking At Meetings
Smoking is prohibited at meetings.
L. Minutes
1. Minutes shall be taken at all meetings. Minutes do not have to be a verbatim transcript of the meeting but shall at least summarize discussion and actions. Minutes shall also include the following:
a) Members in attendance,
b) All actions, including motions, proposals, and resolutions stated in full and their dispositions; and,
c) Results of all votes taken, and a summary of minority opinions on all topics on which a vote is taken.
2. Minutes shall be put in writing and made available to the public, except for minutes from executive sessions, within a reasonable time after the meeting. Neighborhood Associations are required to forward copies of their meeting minutes to their District Coalitions. Neighborhood Associations unaffiliated with a District Coalition are required to forward copies of their meeting minutes to the Office of Neighborhood Involvement.
3. See above in this section VIII, D, 4: Meetings Open to Public (page 39) regarding minutes for executive sessions. See above in this section VIII, F: Notice for Emergency Meetings (page 42) regarding minutes for emergency meetings.
M. Inspection of Records by Public; Exemptions
Any person may inspect the records of a Neighborhood Association or District Coalition, except the following records:
1. Records pertaining to personnel matters such as hiring, performance review, firing, discipline, and compensation;
Section VIII: Open Meetings and Public Records
2. Records pertaining to mediation of personal disputes among members or employees, but not including grievances;
3. Records pertaining to consultation with legal counsel;
4. Records exempt from release by law.
5. Records pertaining to the personal affairs of members or employees.
6. To protect records, maintain District Coalition efficiency and order, and exclude exempt records from inspection, the Neighborhood Association or District Coalition may control the time and manner of inspection of records.
7. No District Coalition or Neighborhood Association is required to compile a record that is not already in existence.
N. Reasonable Fees
Neighborhood Associations and District Coalitions may charge reasonable fees for making records available, including fees for reproduction of records and for employee time.
O. Retention of Records
1. Neighborhood Associations shall promptly deliver copies of their minutes, bylaws, articles of incorporation, records of tax-exempt status, and records of grievances to the District Coalitions with which they are affiliated. Unaffiliated Neighborhood Associations shall promptly deliver these documents to the Office of Neighborhood Involvement.
2. Neighborhood Associations and their affiliated District Coalitions shall retain specific types of records for a specific period, depending on the type of record:
a. Minutes of board, committee, and general membership meetings should be retained permanently.
b. Articles of incorporation, records of tax-exempt status, and records of grievances should be retained permanently, and bylaws and other operating rules should be retained while they are current.
c. Business records should be retained for seven years.
d. Records, such as correspondence, pertaining to any issue a neighborhood votes on should be retained permanently.
e. Neighborhood Associations shall retain records as required by any state, federal, or other laws.
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3. District Coalitions:
a. Shall permanently retain records received from Neighborhood Associations pursuant to above section, VIII, O, 2: Retention of Records (Page 45.)
b. Shall retain records as required by their contracts with the Office of Neighborhood Involvement and by any state, federal, or other laws.
IX. Review of Office of Neighborhood Involvement Standards
The Office of Neighborhood Involvement, in cooperation with Neighborhood Associations and District Coalitions, will organize a committee to review these Standards four years after their adoption by City Council. Any party wishing to propose amendment(s) to the Standards may do so by submitting the proposed amendment(s) in writing to the review committee.
A. Composition of the review committee
All representatives shall be chosen by their organizations. The chair of the committee will be selected by the committee. The chair of the committee will be a volunteer representative. Positions on the committee are provided for the following stakeholders:
1. A volunteer representative of each District Coalition,
2. A volunteer representative of unaffiliated Neighborhood Associations,
3. At least one volunteer representing Business District Associations,
4. At least one volunteer representative of Portland’s diverse communities,
5. At least one representative of District Coalition staff,
6. At least one representative of Office of Neighborhood Involvement
staff,
7. A representative of City bureaus other than the Office of Neighborhood Involvement, and,
8. The liaison to the Office of Neighborhood Involvement from the City Attorney’s Office.
B. Public review and comment
The draft of the committee’s revisions will be distributed to each Neighborhood Association, District Coalition, Business District Association, all City agencies, diverse community organizations in the Office of Neighborhood Involvement’s database, other affected stakeholders who’ve requested to be notified. The review and comment period shall be no shorter than 60 days. At least one public hearing will be scheduled to
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receive oral and written testimony from all interested parties. The committee will then review the public comments and approve any final changes before referring amendments to the Commissioner-in-charge for approval. The Commissioner-in-charge shall then present to City Council for final review with a minimum of 45 days notice before Council action.