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Board Bylaws

Article I - Purpose and Scope
Article II - Membership Duties
Article III - Board Protocols
Article IV- Public Attendance and Participation at Board Meetings
Article V- Committees and Subcommittees
Article VI- Amendment of Bylaws
Letter to interested parties concerning bylaws
 
Board bylaws - format
 

Article I - Purpose and Scope

The purpose of these bylaws is to assist advisory boards in carrying out statutorily-assigned board functions and responsibilities. These bylaws apply in addition to any other statutes and administrative rules that may govern individual advisory boards. These bylaws apply to the Board of Boiler Rules, the Building Codes Structures Board, the Electrical and Elevator Board, the Manufactured Structures and Parks Advisory Board, the Mechanical Board, the Residential Structures Board and the State Plumbing Board.

 
Article II - Membership Duties

Section 1: Membership

 

Board membership is governed by the following statutes:

 

(a) Board of Boiler Rules: ORS 480.535


(b) Building Codes Structures Board: ORS 455.132


(c) Electrical and Elevator Board: ORS 455.138


(d) Manufactured Structures and Parks Advisory Board: ORS 446.280


(e) Mechanical Board: ORS 455.140


(f) Residential Structures Board: ORS 455.135


(g) State Plumbing Board: ORS 693.115

 

Section 2: Terms of Office

 

Board member terms of office are governed by statute, and are as follows:

 

(a) The term of office for a member is four years;


(b) No member is eligible for appointment to more than two full terms of office; and,


(c) Members whose terms have expired continue to serve until successors are appointed.

 

Section 3: Election of Officers

 

Each board selects members to serve as chairperson and vice-chairperson. Chairperson and vice-chairperson elections take place annually. In addition to serving as presiding officers, the chairperson and vice-chairperson have all the rights, duties, and responsibilities of any other member of the board.

 

Section 4: Individual Member's Duties

 

(a) Presiding officers. The chairperson presides at board meetings. In the absence of the chairperson, the vice-chairperson presides. In the absence of both the chairperson and the vice-chairperson, the longest serving member of the board who is present presides, or the board secretary may facilitate the meeting. The presiding officer is responsible for the efficient and orderly conduct of board meetings. The presiding officer has the authority to impose reasonable restrictions, such as limiting the length of testimony or limiting comments to relevant topics.


(b) Board members. Board member responsibilities include:

  • Board meeting attendance

  • Preparing for board meetings

  • Understanding and following democratic processes

  • Examining all available evidence before making judgments

  • Recognizing that the board serves and protects the public interest
 
Article III - Board Protocols

Section 1: Meeting Intervals

(a) The statutory minimum meeting requirements:

(1) Board of Boiler Rules: ORS 480.540
(Four times per year)

 

(2) Building Codes Structures Board: ORS 455.144
(Every three months)

 

(3) Electrical and Elevator Board: ORS 455.144
(Every three months)

 

(4) Manufactured Structures and Parks Advisory Board: ORS 446.280
(Two times per year)

 

(5) Mechanical Board: ORS 455.144
(Every three months)

 

(6) Residential Structures Board: ORS 455.144
(Every three months)

 

(7) State Plumbing Board: ORS 693.125
(Every other month)

 

(b) The board may meet more frequently upon the agreement of the board, or upon direction of the chairperson or the division.

 

(c) Board meetings are held at the Building Codes Division Conference Room A, unless the chairperson and the division jointly designate an alternate location.

 

(d) Regular and on-time attendance at meetings is expected of each board member.

 

(1) Members may attend meetings and vote via telecommunication if necessary.

 

(2) Members who are unable to attend a meeting must notify the division, as soon as possible, prior to the meeting.

 

(e) The division works with each board to establish a meeting schedule. The division then publishes a calendar of meetings. When necessary, a scheduled meeting may be rescheduled or cancelled by the agreement of the board, or upon direction of the chairperson or the division.

 

Section 2: Rules of Order and Parliamentary Procedure

 

Sturgis Standard Code of Parliamentary Procedure, Fourth Edition, is adopted for Board proceedings.

 

Section 3: Quorum Requirements for Meetings

 

(a) A "quorum" is required in order to hold a meeting and in order to transact board business.

 

(b) A majority of the total membership of a board constitutes a quorum.

 

(c) The quorum requirements for the boards covered by these bylaws are as follows:

 

  • Board of Boiler Rules: 6 members

  • Building Codes Structures Board: 5 members

  • Electrical and Elevator Board: 8 members

  • Manufactured Structures and Parks Advisory Board: 7 members

  • Mechanical Board: 5 members

  • Residential Structures Board: 5 members

  • State Plumbing Board: 4 members

 

(d) If a quorum is not present, members may engage in informal discussion of issues, but may not take official action or otherwise exercise the authority of the board.

 

(e) Board vacancies are treated the same as member absences for purposes of calculating a quorum.

 

Section 4: Quorum Requirements for Taking Action at Meetings

 

(a) When a quorum is present, a board may take official action and exercise the authority of the board.

 

(b) All official actions of the board must be taken by public vote.

 

(c) Any member may propose a motion for action by the board. A seconding motion is not required.

 

(d) The presiding officer may call for discussion on the motion; after discussion of the motion, or if no member wishes to speak on the motion, the presiding officer shall call for a vote.

 

(e) In order for a vote to be valid, at least a quorum of the entire board must concur in the result. Thus, for a nine-member board to take action, five members must approve the action, no matter how many board members are in attendance. The 'voting quorums' to approve board actions are:

 

  • Board of Boiler Rules: 6 affirmative votes

  • Building Codes Structures Board: 5 affirmative votes

  • Electrical and Elevator Board: 8 affirmative votes

  • Manufactured Structures and Parks Advisory Board: 7 affirmative votes

  • Mechanical Board: 5 affirmative votes

  • Residential Structures Board: 5 affirmative votes

  • State Plumbing Board: 4 affirmative votes

 

Section 5: Voting Requirements

 

(a) The vote of each board member must be recorded for each action taken.

 

(b) Members who abstain from voting shall:

 

(1) State a reason for abstention; and,

 

(2) Be recorded as not voting.

 

(c) Written ballots are allowed, but the ballot must record the name of the board member and the member's vote.

 

(d) Secret ballots, proxy ballots and ballots by mail are prohibited, per ORS 192.650(c).

 

Section 6: Preparation of Meeting Agendas

 

In order to ensure that board members can be adequately prepared for meetings, and that the public receives notice of meetings:

 

(a) Meeting agendas are prepared and distributed approximately two weeks prior to scheduled board meetings. Board packets are posted on the Building Codes Division Web site approximately two weeks prior to a meeting.

 

(b) In order for an individual to place an item on the board agenda, the individual must make a request to the division at least 30 days prior to the date of the scheduled meeting. Requests to place an item on the board agenda must be made in writing and must include the following information:

 

(1) A written statement explaining the subject matter of the item;

 

(2) The action or result requested, if applicable;

 

(3) The amount of time requested; and,

 

(4) Any other documents relevant to the item.

 

(c) The division contacts the chairperson to discuss the proposed agenda. The chairperson may exclude a requested agenda item if the request does not include the information required in subsection (b), or is not relevant to, or appropriate for, the board.

 

(d) Any board member may add an item, including an action item, to an agenda by contacting the division. The division must receive such additions within a reasonable time to provide the public with notice of the agenda item.

 

(e) At a meeting, during the "approval of agenda" or the "order of business," the board may make limited amendments to that meeting's agenda. For example, the board may amend that meeting's agenda by changing the order of business or by adding issues for discussion. During a meeting, the board may not add action items to that meeting's agenda; this ensures adequate public notice concerning board actions.

 

Section 7: Executive Session

 

(a) A board may hold an executive session during any meeting, after the presiding officer has identified the authority under ORS 192.660(2) for holding an executive session. Appropriate reasons for holding an executive session include consultation with legal counsel concerning legal rights and duties, and consideration of information or records that are exempt from public inspection.

 

(b) An executive session is closed to the general public, but representatives of the news media must be allowed to attend.

 

(1) A board may specify that certain information is not to be disclosed or is not to be published by the media.

 

(2) The Attorney General has interpreted "representatives of the news media" to include newsgathering representatives (reporters) of news media that ordinarily report activities of the body.

 

(c) No action requiring a vote may be taken during an executive session. The vote must be made in public session.

 

Article IV- Public Attendance and Participation at Board Meetings

In order to encourage public input into the board's decision-making process, while ensuring efficient use of state facilities and resources, the following sections outline procedures for public participation during board meetings.

 

(a) Public Attendance. All board meetings must be open to the public, except when the board meets in executive session.

 

(b) Public Seating. Board meeting rooms have designated public seating areas and designated board member seating areas. Once a meeting has begun, the board member seating area is reserved for the exclusive use of board members and of division staff. Within 15 minutes of the board meeting's conclusion, the room should be vacated and all personal belongings should be removed.

 

(c) Public Participation. The Oregon Public Meetings Law opens all public meetings to public attendance, but it does not guarantee or provide for public participation in the meeting. The presiding officer, who bears the responsibility for the efficient and orderly conduct of board meetings, may impose restrictions on public participation to ensure orderly meetings. The presiding officer may also choose to depart from established procedures, in order to facilitate productive public input into the board process.

 

Who may participate-

 

Any individual may provide public comment to the board, on his or her own behalf or as the representative of an organization.

 

How to offer public comments-

 

  • Individuals wishing to comment should sign up on the public comment sheet, prior to discussion of the agenda item upon which comments will be offered.

 

  • Individuals may address non-agenda items that are relevant to the board by signing up during the "public comment" portion of the agenda.

 

  • Individuals may also sign up to address items that require board action. These action items include: "Approval of the Agenda and the Order of Business," "Approval of prior meeting minutes," "Enforcement Cases," "Appeals," "Unfinished Business," and "New Business."

 

  • The presiding officer will call individual speakers up to the podium at the appropriate time.

 

  • At the podium, a speaker should first state for the record, his or her name and address; and, if applicable, his or her affiliation to a group, business, or other organization.

 

  • Comments are limited to five minutes.

 

  • Comments must be relevant to the board's activities or to the specific agenda item under discussion. The presiding officer may interrupt, or cut short, obviously irrelevant comments.

 

  • When several individuals offer duplicative or repetitive comments, the presiding officer may limit the comments to one or two individuals while ensuring that the record documents the names, addresses and affiliations of all the individuals who signed up to offer similar comments.

 

  • While not encouraged, individuals who did not sign up to comment may indicate a desire to comment by raising a hand. The presiding officer may, or may not, acknowledge the individual or allow the comment. If the presiding officer does not call upon the individual, the individual should not speak. If called, speakers should identify themselves and their affiliation (if any) for the record, and should speak loudly enough to be heard by the recording device.

 

Written Documents and Display Materials-

 

  • Individuals may provide written comments, informational documents, or other materials to the board. Individuals should bring 20, three hole-punched copies and should give these copies to division staff, who will distribute them to the board.

 

  • Individuals may also bring display materials and post them in the meeting room's designated display area. Displays that cannot be affixed to the display board must be approved by the presiding officer, prior to the commencement of the meeting. The presiding officer may request that disruptive or obtrusive display materials be removed. All display materials must be removed within 15 minutes of the board meeting's conclusion.

 

Electronic Devices-

 

  • Cell phones, pagers and similar devices should be turned off or made silent during board meetings. All cell phone conversations should occur outside the meeting room.

 

  • An audio and video recording area will be designated for public use in each board meeting room. Audio or video recording devices may only be set up within this area. All recording devices must be removed within 15 minutes of the board meeting's conclusion.

 

Food and Beverages-

 

Eating and drinking is allowed in meeting rooms; however, to avoid the appearance of impropriety, members of the public should not bring food or beverages for the board.

 
Article V- Committees and Subcommittees

The board, chairperson, or division may designate committees and subcommittees, including work groups, task forces, and other panels, to assist the board in carrying out board duties. The board bylaws do not apply to these committees and subcommittees which are governed by separate protocols, according to the nature of the committee or subcommittee.

 
Article VI- Amendment of Bylaws

Only a majority of the chairpersons and vice-chairpersons of the advisory boards listed in Article I may amend these bylaws.

 
 

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