· web view2020/06/11 · (ors 183.335(2)(d)) h. oral hearing opportunity for oral hearing shall...

Youth Development Council

Policy &

Procedure Manual

June 11, 2020

YDC Policy & Procedure Manual

Table of Contents:

YOUTH DEVELOPMENT COUNCIL MEMBERSHIP........................................................................ 4

COUNCIL OFFICERS AND MEMBERS ……………………………………………………………………………………… 6

COUNCIL ORGANIZATION …………………………………………………………………………………………………….. 9

COUNCIL PURPOSE AND DUTIES…............................................................................................. 11

YOUTH DEVELOPMENT DIVISION …………………..…...................................................................... 15

COUNCIL MEETINGS....................................................................................................................17

COUNCIL MEMBER REIMBURSEMENT………………………………....................................................... 24

COUNCIL MEMBER ETHICS......................................................................................................... 26

PUBLIC RECORDS........................................................................................................................ 31

OREGON ADMINISTRATIVE RULES............................................................................................. 33

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Mission: Under development

Vision: Under development

Values: Under development

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YOUTH DEVELOPMENT COUNCIL MEMBERSHIP

A. Number & Terms of Office

The Youth Development Council consists of no fewer than 15 members who are appointed by the Governor1 (ORS 417.847 Section 12 (3)) for a term of 4 years beginning on the date of appointment. No person may be appointed to serve consecutively more than two full terms as a council member. According to the Office of the Governor, a member who completes another’s term is still eligible to serve two additional four-year terms; a member whose final term has expired may remain on the Council until replaced.

B. Eligibility for Council Membership

In making appointments to the Youth Development Council, the Governor shall ensure that membership of the council satisfies any federal requirements for membership of a state advisory committee on juvenile justice, and shall include tribal representation in the membership of the council. (ORS 417.847 (3))

The Juvenile Justice and Delinquency Prevention Act of 1974, amended December 21, 2018, The Juvenile Justice Reauthorization Act (Sec. 223) requires a State Advisory Group (SAG):

1) Shall consist of not less than 15 and not more than 33 members appointed by the chief executive officer of the state-a) which members have training, experience, or special knowledge concerning

adolescent development, the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency;

b) which members include –i. at least 1 locally elected official representing general purpose local

government;ii. representatives of law enforcement and juvenile justice agencies, including

juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers;

iii. representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, child and adolescent mental health, education, child and adolescent substance abuse, special education, services for youth with disabilities, recreation, and youth services;

iv. representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children;

v. volunteers who work with delinquent youth or youth at risk of delinquency;

1 All statutory cites are noted in bold print

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vi. representatives of programs that are alternatives to incarceration, including programs providing organized recreation activities;

vii. persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion;

viii. persons, licensed or certified by the applicable State, with expertise and competence in preventing and addressing mental health and substance abuse needs in delinquent youth and youth at risk of delinquency;

ix. representatives of victim or witness advocacy groups, including at least one individual with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience disproportionate levels of sexual abuse, exploitation, and trauma before entering the juvenile justice system; and

x. for a State in which one or more Indian Tribes are located, an Indian tribal representative (if such representative is available) or other individual with significant expertise in tribal law enforcement and juvenile justice in Indian tribal communities;

xi. a majority of which members (including the chairperson) shall not be full-time employees of the Federal, State, or local government;

xii. at least one-fifth of which members shall be under the age of 28 at the time of initial appointment; and

xiii. at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, who is the parent or guardian of someone who has been or is currently under the jurisdiction of the juvenile justice system. 34 U.S.C. 11133

C. Vacancies

The Governor fills vacancies by appointment. Appointments made to fill vacancies occurring prior to the expiration of a term are for the remainder of the unexpired term.

D. Removal from Office

Members of the Youth Development Council serve at the pleasure of the Governor and may be removed for cause at any time.

E. The Council Administrator (Youth Development Director) reports to the Governor the names of all members who fail to attend three or more Council meetings per year. Any member of the Youth Development Council appointed by the Governor who fails to attend three consecutive meetings of the council, whether regular, adjourned or special, shall forfeit the office unless the member is prevented from attending by the serious illness of a member or the family of the member or for any other cause that in the judgment of the Governor constitutes a valid reason for failing to attend. END OF POLICY

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COUNCIL OFFICERS/COUNCIL MEMBERS

A. Chair

The Governor may designate one member of the council to serve as the chairperson or, if the Governor chooses not to designate a chairperson, the council may elect one of its members to serve as chairperson (ORS 417.847(6)) of the council for one year commencing July 1. If the office of chairperson of the council is permanently vacated for any reason, the council may elect a new chairperson to serve until June 30 the following year.

A member may serve as chair for no more than two consecutive terms.

Duties of the Chair:1) Calls special meetings not on council’s adopted calendar.2) Sets agenda. 3) Presides at meetings.4) Ensures fairness and impartiality.5) Enforces parliamentary procedure. 6) Performs other duties as may be required by law or action of the council.

B. Vice-Chair

The council will elect one of its members to serve as vice-chairperson of the council for one year commencing July 1.

Duties of the Vice Chair:1) Presides at meetings in the event of an absence of the Chair.2) Performs other duties as directed by the Chair or the vote of the council.

C. Individual Council Members

Council members will have authority only when acting as a member of the council when legally in session. The council cannot be bound by statements or actions of individual council members or employees, except when such a statement or action is pursuant to policies of the council or as delegated by the council.

Council members do not have the authority to direct the staff work. The chair may, however, ask staff, through the YDD Director, to prepare materials for presentation to the full council. The chair may do this in anticipation of questions council members may have about a specific issue.

Any council member who desires a written report or survey prepared by the administrative staff will make such a request to the YDD Director who will weigh the request in light of its value to the council and staff workload issues. Individual council member requests will also be

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distributed to other council members or a notification of the request will be made to each council member.

Council members will not presume to speak for the council unless the council has arrived at a formal decision. Members should also be cautious about voicing personal opinions since those views may be interpreted as representing council opinion. Members should not, for example, write a letter to the editor on a youth development issue, especially a letter signed with their title as council chair, unless the council has authorized it. Members of the council will not use their position on Youth Development Council to advocate individual views on an issue without the official sanction of the council.

Duties of the Members:1) Attend meetings on time, prepared to act on the agenda.2) Act in an impartial, fair, and courteous manner. 3) Familiarize themselves with proper parliamentary procedure. 4) Accept assignments and complete them in a timely manner. 5) Respect and accept majority rules.

D. Ex-Officio Member

The Youth Development Director may appoint ex-officio non-voting members to serve on the Youth Development Council. When an ex-officio member ceases to hold the office that entitles them to membership, their membership on the council terminates automatically.

Duties of the Ex-Officio Member:1) Encouraged to attend council meetings.2) Provide updates from their respective fields on how their work intersects with youth

development policies.3) Act in an impartial, fair, and courteous manner.4) Abide by the YDC Operating Agreement and policies and procedures adopted by the

Council. 5) Familiarize themselves with proper parliamentary procedure.

E. Orientation

The Youth Development Director or their designee, will orient each new council member and ex-officio member concerning the council’s functions, rules, policies, and procedures.

The appointee will be given materials to assist in the orientation to the council’s work.

Prior to taking office, the appointee will be invited to attend council meetings and participate in discussions.

Staff will supply material pertinent to meetings and will explain its use.

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The appointee will be invited to meet the YDD Director and others to discuss services they perform for the council.

F. On-Going Professional Development

Council member professional development opportunities may include but are not limited to participation in conferences, workshops, and conventions held by state and national associations. The Youth Development Director will inform council members in a timely manner of upcoming conferences, conventions and workshops. The Youth Development Director will decide which meetings appear to be most likely to produce the greatest benefit to the council. Funds for participation at such meetings will be budgeted, and will designate which members would be most appropriate to participate at a given meeting.

If authorized to attend, reimbursement will be for reasonable and necessary expenses incurred. Pursuant to the Oregon Accounting Manual (OAM) Chapter 40 – Travel. Meeting attendees will be requested to share with the full council, either orally or in writing, any pertinent information, recommendations and materials acquired at the professional meeting at the next council meeting following the event.

END OF POLICY

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COUNCIL ORGANIZATION

A. Council Policies

1) The council shall operate under its policies as directed by law and as adopted by the council. These policies may be adopted, amended, or repealed by a majority of the council. No amendment shall be contrary to the laws of Oregon.

2) The policies may be amended at any meeting upon giving the members of the council 10 days advance notice of such proposed amendments, and upon an affirmative vote of a majority of the members.

3) Council staff without a vote of the council may correct punctuation, grammar, and typographical errors.

B. Council Procedures

1) The council shall hold an annual retreat where members will, at a minimum:a) Review any operational procedures b) Adopt a multi-year work plan which will be reviewed annually.

C. Committees

The council chair may form committees and workgroups on issues before the council to make more efficient use of meeting time. A “committee” will consist solely of council members with staff support and may also include advisors and community members who have been appointed by the council; a “work group” will include other stakeholders and is led by staff. A council advisor or ex-officio official on a committee may vote for a recommendation to be brought to the council. However, the council will ultimately have the final vote on that recommendation. The council advisor or ex-officio Member will not be able to vote when the final recommendation is made to the council. When committees and work groups are created, their duties and length of service will be determined by chair, unless a majority of the council votes otherwise. Council members serving on committees will keep the council apprised of the committee’s activities.

Committees will comply with the Oregon public meetings law.

D. Executive Committee

The Executive Committee assists the chair in carrying out his or her duties. The Executive Committee consists of the Chair, Vice Chair, and sub-chairs. The Chair will determine membership of the Executive Committee.

The Executive Committee is empowered to act in emergencies requiring immediate action and in which reasonable efforts to convene an emergency meeting or conference call to resolve the issue have not succeeded. Notification of any such action must be conveyed to all council

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members as soon as possible and ratified by the full council at the next regular meeting. Failure to ratify the Executive Committee’s action by the full council nullifies the decision.

END OF POLICY

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COUNCIL PURPOSE/DUTIES

A. Council Purpose

The council is established for the purpose of coordinating a unified and aligned system that provides services to school-age children through youth 24 years of age in a manner that supports educational success, focuses on crime prevention, reduces high risk behaviors and is integrated, measurable and accountable. The council shall provide direction to the Youth Development Division. (ORS 417.847 Section 12 (2) as amended under HB 2262-B (2019) and HB 3427 (2019))

B. Funding Authority

The council may adopt rules necessary for the administration of the laws that the council is charged with administering. (ORS 417.847(8) and ORS Chapter 183).

The council shall: 1) Determine the availability of funding to support community-based youth

development programs, services and initiatives with demonstrated outcomes and strategic objectives established by the council by rule.

2) Prioritize funding for services related to:a) The prevention of and intervention in the risk factors that lead to juvenile

delinquency and the promotion of protective factors that improve the health and well-being of children and youth, as supported by evidence-based program models and other research-based models; and

b) The prevention of and intervention in gang violence and gang involvement. (ORS 417.847(4))

3) Administer and coordinate the statewide youth reengagement system described Section 33 of this 2019 Act. HB 3427 (2019).

C. Additional Authority

The council may:1) Enter into intergovernmental agreements with county and municipal governments,

tribal governments, educational institutions and other governmental entities identified by rule of the council for the provision of youth development programs, services and initiatives.

2) Enter into grant agreements and contracts with community-based organizations, educational institutions, regional entities and other entities identified by rule of the council for the provision of youth development programs, services and initiatives.

3) Determine the means by which services to children and youth may be provided effectively and efficiently across multiple programs to improve the academic and social outcomes of children and youth.

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4) Assess state programs and services related to youth development and training, and identify methods by which programs and services may be coordinated or consolidated.

5) Establish common academic and social indicators to support attainment of goals established by the council.

6) Establish common program outcome measurements and coordinate data collection across multiple programs and services.

7) Ensure implementation of best practices that:a) Are evidence based;b) Are culturally, gender and age appropriate;c) Address individual risk factors;d) Build upon factors that improve the health and well-being of children and youth;

ande) Include tribal best practices. (ORS 417.847(5))

D. Statewide Youth Reengagement System (ORS 417.859)

1) Under the statewide youth reengagement system, a school district or other entity identified by the Youth Development Council by rule may choose to provide a youth reengagement program. A youth reengagement program which must:a) Be offered in collaboration with the Youth Development Division; andb) Include a partnership with an education service district, a community college

district, a federally recognized Indian tribe, a community-based organization or any other entity identified by the Youth Development Council by rule. (ORS 417.859(3)

2) The State Board of Education, in collaboration with the Youth Development Council, shall establish by rule criteria for a school district or other entity to receive funding for eligible youths participating in a youth reengagement program. Funding may be in the form of grants.a) Criteria to receive funding may prescribe:

i. Enrollment and attendance standards for eligible youths.ii. Performance measures that establish targets that must be met for

purposes of accountability. The performance measure targets shall be based on standards adopted by the Youth Development Council and may take into account the specific purpose of the program offered by the school district or other entity, the population served by the program and any other factors identified by the council.

b) The criteria to receive funding must require a school district or other entity to provide to the Youth Development Division information, that at a minimum, describes:

i. How the school district or other entity will identify, refer and enroll eligible youths;

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ii. How academic instruction and services will be provided through the youth reengagement program and what academic instruction and services will be provided;

iii. How student records will be maintained and how data will be collected and reported;

iv. How any applicable assessments under ORS 329.485 or 329.488 will be administered;

v. How the school district or other entity will provide special education and related services for eligible youths with disabilities who have an individualized education program or will provide necessary accommodations and plans for eligible youths who qualify under section 504 of the Rehabilitation Act of 1978 (29 U.S.C. 794);

vi. How the school district or other entity will ensure that eligible youths receive appropriate in-person guidance or support; and

vii. How the school district or other entity will record and report performance measures for purposes of accountability, including longitudinal monitoring of student progress and post-secondary education and employment readiness. (ORS 417.859(6))

3) The Youth Development Council shall coordinate with the State Board of Education to adopt rules under this section.a) When adopting rules under this section, the board and the council shall consult

with post-secondary institutions of education and community-based organizations that have previously offered youth reengagement programs, providers of online courses and programs and education service districts. (ORS 417.859(8)

E. Juvenile Crime Prevention Duties (ORS 417.850)

1) To perform its duties as required by ORS 417.850(12), the Youth Development Division may collect data and inspect any facility, as identified by the Youth Development Council by rule, in which juveniles are detained.

2) Review the budget and allocation formula for appropriations for the purpose of juvenile crime prevention;

3) Review the components of local high-risk juvenile crime prevention plans developed under ORS 417.855 and make recommendations to the Governor about the local plans;

4) Ensure that high-risk juvenile crime prevention planning criteria are met by state and local public and private entities;

5) Recommend high-risk juvenile justice and juvenile crime prevention policies to the Governor and the Legislative Assembly;

6) Ensure initiation of contracts based on approved local high-risk juvenile crime prevention plans and oversee contract changes;

7) Review data and outcome information;

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8) Establish and publish review and assessment criteria for the local high-risk juvenile crime prevention plans. The criteria shall include, but not be limited to, measuring changes in juvenile crime and juvenile recidivism;

9) Review and coordinate county youth diversion plans and basic services grants with the local high-risk juvenile crime prevention plans. Basic services grants may be used for detention and other juvenile department services including:a) Shelter care;b) Treatment services;c) Graduated sanctions; andd) Aftercare for youth offenders;

10) Work to ensure broad-based citizen involvement in the planning and execution of high-risk juvenile crime prevention plans at both the state and local levels;

11) Develop a funding policy that provides incentives for flexible programming and promotes strategies that stress reinvestment in youth;

12) Periodically report to the Governor and the Legislative Assembly on the progress of the council;

13) As required by the federal Juvenile Justice and Delinquency Prevention Act of 1974, 34 U.S.C. 11133 et seq., approve funding and policy recommendations of the state advisory group and adopt rules for overseeing approved funding and policy recommendations; and

14) Work with tribal governments to develop tribal high-risk juvenile crime prevention plans.

F. Executive/Administrative Authority

The Youth Development Division functions under the direction and control of the Youth Development Council with the Youth Development Director serving as the administrative officer. (ORS 417.852(2))

G. Council Management Responsibility

Council members will act in accordance with their role as a public representative of the division.

The Council will monitor and coordinate with other Boards, Council’s or Commissions whose responsibilities and interests are closely aligned.

END OF POLICY

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YOUTH DEVELOPMENT DIVISION

The Youth Development Division is established in the Department of Education and shall function under the direction and control of the Youth Development Council with the Youth Development Director serving as an administrative officer. (ORS 417.852)

Youth Development Director (ORS 417.853)1) The Governor shall appoint a Youth Development Director, who is responsible for the

performance of the duties, functions and powers of the Youth Development Division. 2) The director serves at the pleasure of the Governor.3) The director is directly responsible to the Superintendent of Public Instruction. (The

Governor)

STAFF TO THE COUNCIL

The division shall function under the direction and control of the Youth Development Council with the Youth Development Director serving as the administrative officer. (ORS 417.852(2)). The YDD Director may delegate this responsibility to other staff.

A. Council Administrator & Support Staff

Staff to the council will be responsible for the day-to-day activities of council work including the following:

1) Coordinating the preparation of council agendas, docket items, and minutes in keeping with the Public Records Law.

2) Facilitating communication between the council and others, including the Governor, Legislature, Director, state and federal agencies, and state, local, and national organizations.

3) Coordinating travel and expense reimbursement to meetings.4) Coordinating and overseeing council standing and special committees. 5) Orienting new members to council processes and division functions.

B. Department of Justice

The State Attorney General’s office is the authorized legal counsel for the YDD, the Director, and the YDC (ORS 180.060; 180.220). Council members may not employ or be represented by any other counsel or attorney at law (ORS 180.220(2)).

C. Division Staff

Division staff will bring issues to the council for policy direction through YDD Director.

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Individual council members do not have the authority to direct individual staff work. The chair may, however, ask staff, through the YDD Director, to prepare materials for presentation to the full council. The chair may do this in anticipation of questions council members may have about a specific issue. Requests of staff by the full council shall be evaluated in terms of resources and impact on the division by the Director who shall report on that impact at the next regular meeting.

END OF POLICY

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COUNCIL MEETINGS

Regular Meetings (ORS 192.630)

The Youth Development Council will conduct all meetings in accordance with state law and will be accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations should be made at least 48 hours prior to the meeting.

The Youth Development Council shall meet quarterly each year on dates determined by the Director and the Council, and at such other times as may be designated by the chairperson agreeable to a majority of the Council, or at the call of a majority of the Council.

A. Requirements of Meetings1) Public Meeting Law Compliance

a) The Youth Development Council shall comply with the provisions of ORS chapter 192 - Records, Public Reports and Meetings.

b) All meetings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by ORS 192.610 to 192.690. (ORS 192.630(1))

c) Any committees, task forces, or work groups that are charged with making recommendations as a whole to the Council shall comply with the provisions of ORS 192.630.

2) Time and Placea) Meetings of the governing body of a public body shall be held:

i. Within the geographic boundaries over which the public body has jurisdiction;

ii. At the administrative headquarters of the public body;iii. At the other nearest practical location. (ORS 192.630(4))

3) A governing body may not hold a meeting at any place where discrimination on the basis of race, color, creed, sex, sexual orientation, national origin, age or disability is practiced. (ORS 192.630(3))

4) It is discrimination on the basis of disability for the governing body of a public body to meet in a place inaccessible to persons with disabilities, or, upon request of a deaf or hard-of-hearing person, to fail to make a good faith effort to have an interpreter for deaf or hard-of-hearing persons provided at a regularly scheduled meeting.

5) Noticea) The members of the Council will be given at least 10 business days' notice, in

writing, of the date and place of each regular, adjourned or special meeting. (ORS 182.020).

b) The Council shall give public notice reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place for holding regular meetings. The notice shall also include a list of the principal subjects anticipated to be considered at the meeting. (ORS 192.640).

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6) Quoruma) For a motion to be adopted, a majority of the Council members must vote in favor of

the motion. When ORS 174.130 applies, a majority of those present and voting in favor of a particular action is not sufficient to authorize that action unless that majority is more than one-half of the total members of the board, commission, or council. For example, in the case of a 13-member board, if only 11 persons were present, six voted for a proposition would be insufficient to authorize any action because six votes would not constitute a majority of the members of that board even though it would constitute a majority of those present.2 (ORS 174.130; Opinions of the Attorney General, vol. 41, p. 28, 1980)

b) Absent a quorum, the Youth Development Council may meet for the purposes of gathering information but no formal action may be taken.

c) A quorum of a governing body may not meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as otherwise provided by ORS 192.610 to 192.690. (ORS 192.630(2))

7) Minutes and Other Written Recordsa) The governing body of a public body shall provide for the sound, video, or digital

recording or the taking of written minutes of all its meetings. b) All minutes or recordings shall be available to the public within a reasonable time

after the meeting and shall include at least the following information:i. All members of the governing body present;

ii. All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;

iii. The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;

iv. The substance of any discussion on any matter; andv. Subject to ORS 192.311 t 192.478 relating to public records, a reference to

any document discussed at the meeting. (ORS 192.650(1))8) Minutes and other reports presented to the Council shall be available to the public and

posted to the YDD/YDC website (ORS 192.243).9) Archiving Records

a) The Youth Development Council shall follow the retention schedule suggested by the Secretary of State’s Archivist (ORS 192.105).

B. Agendas

The Council Executive Committee and the YDD Director will prepare an official agenda for council meetings. The agenda will be posted to the YDD/YDC website, the Oregon Transparency Website (HB 2788, 2011) and distributed to interested parties as soon as it is available. Any council members may request in writing that an item be added to an agenda.

C. Consent Agenda

2 Italic text is language from the Opinions of the Attorney General.

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Items requiring council approval may be placed on the consent agenda upon the recommendation of the Director. Any item may be removed from the consent agenda by a council member. Items remaining in the consent agenda section will be adopted by a single motion. Actions that have been taken by the Director that require council approval may be placed on the agenda in the for-the-record section. By a single consent motion, the council adopts the resolutions submitted and ratifies the actions presented in the for-the-record section.

D. Meeting Materials

1) Content: Any items on the agenda will be accompanied by written material that supports the presence of the item on the agenda. Presentations by someone other than YDD staff, shall submit materials to the Council Administrator at least 14 days prior to the meeting.

2) Timing: The agenda with supporting detail will be provided to each council member and advisor approximately two weeks prior to the council meeting.

3) Public Access: All council documents, to the extent possible, will be posted on the Oregon Transparency Website (HB 2788, 2011) and YDD website.

4) Recommendations: When action on an item is requested, staff will make a recommendation on what that action should be to the council.

E. Public Comment

1) The Youth Development Council values public input. The role of the Youth Development Council is to actively listen to and reflect on public comments. Each person wishing to address the Council must sign-up individually for the Public Comment period on the agenda. A sign-up sheet will be placed by the Council room entrance and each name will be called upon by the Council’s Executive Officer. The council may impose such time limitations on any appearance as it may deem appropriate. Written testimony may also be submitted to the council. The public comment period is not to be used as a vehicle for immediate resolution of problems, but is a method to bring important issues to the council’s attention. Speakers may offer objective criticism of state operations and programs, but the council will not hear complaints concerning individual personnel; persons with such complaints will be directed to the appropriate process for the disposition of personnel complaints. The council will not hear comments on administrative rules after the comment period has ended. The Council may ask staff to respond to public comments or questions raised during the public comment period.

2) The guidelines below for public input emphasize respect and consideration of others:

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a) A sign-up sheet will be placed by the room entrance and each name will be called upon by the Council Executive Officer.

b) The Council’s Executive Officer will read off the names of the speakers who signed up to testify. Individuals called will come up to the testimony table and will have three minutes to testify, unless otherwise stated.

c) Please begin by stating their name for the record.d) Each person providing public comment will have a total of three minutes; they will

be notified when their time is up. The Council respectfully asks that they conclude their comments at that time. Taking more time reduces others ability to provide public comments.

e) Those providing public comment may submit written testimony before or at the meeting.

f) If an interpreter is required, please notify the Youth Development Director, of their designee, at least 48 hours in advance.

F. Parliamentary Procedure

Except where otherwise noted, the council will be guided by Robert’s Rules of Order Newly Revised, 11th Ed. The Youth Development Director will serve as parliamentarian.

1) Voting All voting council members are expected to participate in voting unless a conflict of interest exists. If a conflict of interest arises, a member will need to: a) When a potential conflict of interest exists, the member will announce publicly the

nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or (ORS 244.120 (2)(a))

b) Announce publicly the nature of the actual conflict and (ORS 244.120(2)(b))c) Refrain from participating as a public official in any discussion or debate on the

issue out of which the actual conflict arises or from voting on the issue. (ORS 244.120(2)(A))

d) If any public official’s vote is necessary to meet a requirement of a minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the actual conflict arises. (ORS 244.120(2)(B))

e) When a public official gives notice of an actual or potential conflict of interest… the public body …shall record the actual or potential conflict in the official records of the public body. (ORS 244.130(1)).

f) A vote by proxy is a vote cast by a substitute on behalf of a member who is not present at the meeting. Proxy voting is not authorized since no member of the council is empowered to delegate his or her vote to others.

2) Discussion

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a) The Chair will direct discussion, determining who may question a witness and the length of the questioning. Members wishing to question witnesses must seek recognition from the Chair before proceeding. The Chair may participate in the discussion. Members may not speak a second time until all members have had the opportunity to speak.

3) Motionsa) Any voting council member may make a motion. The Chair will repeat the motion for

clarity. Once a motion is stated, it belongs to the assembly, not the maker of the motion. Motions may be modified or withdrawn if a majority of the council agrees. A motion need not be seconded by another member; council members represent Constituencies that deserve to be represented without the approval or support of another.

4) Discussion on the Motiona) Members may discuss the merits and demerits of the motion, including the Chair.

The Chair will recognize those members wishing to speak at least once. 5) Amendments

a) The motion to amend, in parliamentary procedure, is used to modify another motion. An amendment could itself be amended. An Amendment must be germane to the motion it seeks to amend. Amendments allow changes to pending questions by 1) inserting words, sentences, or paragraphs; 2) by striking out words, sentences, or paragraphs; 3) by striking out and inserting words; or 4) by amending a substitution ( a form of strike out and insert applied to paragraphs or entire motions).

EXECUTIVE SESSIONS

Meetings (ORS 192.660)1) The Council may schedule an “executive session,” closed to the public, under certain

circumstances allowed by law, including the following:a) To consult with counsel concerning the legal rights and duties of a public body

with regard to current litigation or litigation likely to be filed. (ORS 192.660(2)(h))

b) To consider information or records that are exempt by law from public inspection. (ORS 192.660(2)(f))

2) The Council as a whole can invite or include whomever they wish to attend an executive session meeting. The Council as a whole can invite Ex-Officio members or their designees to the executive session. An individual Council member does not have that authority. The individual Council member should make a motion to invite a specific individual to an executive session and the result of the vote will be the Council’s decision.

3) No executive session may be held for the purpose of taking any final action or making any final decision. (ORS 192.660(6))

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4) Representatives of the news media shall be allowed to attend executive sessions… but the governing body may require that specified information be undisclosed. (ORS 192.660(4))

5) When the governing body convenes an executive session…relating to conferring with counsel on current litigation or litigation likely to be filed, the governing body shall bar any member of the news media from attending the executive session if the member of the news media is a party to the litigation or is an employee, agent or contractor of a news media organization that is a party to the litigation. (ORS 192.660(5)).

6) If an executive session only is to be held, the notice shall be given to the members of the governing body, to the general public and to news media which have requested notice, stating the specific provision of law authorizing the executive session. (ORS 192.640(2))

7) A record of any executive session may be kept in the form of a sound or video tape or digital recording, which need not be transcribed unless otherwise provided by law. If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility. (ORS 192.650) (2)

8) A decision made by a governing body of a public body in violation of ORS 192.610 to 192.690 shall be voidable. The decision shall not be voided if the governing body of a public body reinstates the decision while in compliance with ORS 192.610 to 192.690. A decision that is reinstated is effective from the date of its initial adoption. (ORS 192.680(1))

9) The Oregon Government Ethics Commission may impose civil penalties not to exceed… $1,000 for violation of any provision of ORS 192.660. (ORS 244.350(1) and (2)(a))

10) A civil penalty may not be imposed under this subsection if the violation occurred as a result of the governing body of a public body acting upon the advice of the public body’s counsel. (ORS 244.350(b))

11) Members of the council will not reveal information learned in executive session to others. The improper disclosure of information learned in executive session may result in removal from the council. The chair may allow staff and others to attend the meetings. If the chair is aware of a conflict of interest, or potential conflict of interest by members, or that a member is a party in the litigation, the chair will report that conflict to the Office of the Governor. Representatives of the press, unless a party to the litigation, may sit in on executive sessions but may not report on them.

SPECIAL MEETINGS

No special meeting shall be held without at least 24 hours’ notice to the members of the governing body, the news media which have requested notice and the general public. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the

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circumstances, but the minutes for such a meeting shall describe the emergency justifying less than 24 hours’ notice. (ORS 192.640(3))

END OF POLICY

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COUNCIL MEMBER REIMBURSEMENT

A. Reimbursement

All members of state boards and commissions, including those employed in full-time public service, may receive actual and necessary travel or other expenses actually incurred in the performance of their official duties within the limits provided by law or by the Oregon Department of Administrative Services under ORS 292.210 to 292.250. (ORS 292.495)

As a state division, the Youth Development Council is subject to the provisions of the Oregon Accounting Manual (OAM 01.05.00.PO, Section 105).

Council members are directed to use state per diem meal and lodging reimbursement allowances. Under this option, receipts are not required for meal expenses (Oregon Accounting Manual 10.40.00.PO, Section 108). Receipts for lodging are required. Receipts for meals are required when the expenses exceed the state per diem or if gratuities are claimed. Gratuities of 15% actual meal costs are permissible if reasonable and necessary for the conduct of state business and need to be documented on the receipt (Oregon Accounting Manual 10.40.00.PO, Section 150).

A person may not be reimbursed by a state agency for the use on official or state related business of a privately owned motor vehicle at a rate to exceed the rates established and regulated by the Oregon Department of Administrative Services. Reimbursement shall be paid only for distances actually traveled and trips made in the performance of official or state related duties. (ORS 292.250) The rate is deemed to include gasoline, oil, repair parts, depreciation, taxes, insurance, maintenance, and upkeep of every kind and nature.

B. General Travel Policy1) A member of the Council is entitled to be reimbursed for those costs incurred in

participating in regularly scheduled council meetings, sub-committee meetings, and other council business events approved by the YDD Director.

2) Members will keep the chair or council apprised of activities undertaken on behalf of the council and will seek approval of the YDD Director prior to the activity or travel. All state-funded out-of-state travel will be reviewed and approved in advance by the YDD Director at one of its regular meetings. Any activities undertaken on behalf of the council will be reported at the next regularly scheduled council meeting.

3) YDD Director approval is to ensure that such travel is aligned with council priorities, and within the YDD budget, responsibility. Reimbursements will be made in accordance to Department of Administrative Services (DAS) travel policies (OAM 40.10.00.PO).

C. Lodging Reimbursement

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1) Youth Development Director, or their designee, will arrange for lodging of council members prior to meetings when possible, and will make direct payments to the hotel. Such a practice is designed to reduce council members’ out-of-pocket expenses. Staff is directed to follow DAS lodging rates whenever possible.

2) Travelers are eligible for lodging reimbursement when the one-way distance from their homes is 70 miles or more. Exceptions may be made in special cases that include inclement weather and medical conditions. Individuals traveling on official state business who share lodging will each be reimbursed for their equal share of the allowed per diem for that location. Persons sharing with a family member or friend will be reimbursed for the allowed lodging single room rate expense for that location (ODE Travel, Parking, and Expense Claims procedure).

D. Meal Reimbursement1) Meal per diem rates vary depending on departure and arrival times and if the trip is

overnight or non-overnight. Rates for overnight and non-overnight trips and high-cost locations will be included in the travel advisory letter.

E. Other Council-Related Business Reimbursement1) Council members may travel and incur expenses for council-approved events. Requests

for reimbursement will include documentation of the event such as an agenda or e-mail setting up the meeting and any other documentation that supports the request such as receipts.

F. Forms1) Council members will use those reimbursement forms provided to them with the

advisory letter to facilitate timely reimbursement. Additional documentation as indicated in the advisory letter will be submitted with the claim form.

G. Out-Of-State Travel

It is the policy of the state that all out-of-state travel by state agency personnel shall be allowed only when the travel is essential to the normal discharge of the agency’s responsibilities. Out-of-state travel shall be conducted in the most efficient and cost-effective manner resulting in the best value to the state. (ORS 292.230(1))

1) All out-of-state travel must be for official state business. (ORS 292.230(a))2) Use of out-of-state travel must be related to the agency’s scope of responsibilities.

(ORS 292.230(b)3) Travel awards earned while conducting state business shall be used to reduce the

costs of state travel… The use of travel awards obtained while conducting state business for personal travel constitutes personal gain from state employment and violates ORS 244.040. (ORS 292.230(2))

END OF POLICY

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COUNCIL MEMBER ETHICS

A. CODE OF ETHICS

Council members are public officials under state law. Public office is a public trust, and as one safeguard of that trust, the people require all public officials to adhere to the code of ethics set forth in ORS 244.040. Council members should not make private promises that are binding upon the duties of a Council member, because a Council member has no private word that can be binding on public duty (ORS 244.010-.020). Council members should familiarize themselves with Oregon’s ethics laws; this policy highlights some key features but is not comprehensive. In the event of any conflict between this policy and Oregon ethics laws, the law supersedes the policy.

B. FINANCIAL GAIN

1) A public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office. (ORS 244.040(1))

2) Exceptions to ORS 244.040(1) are:a) Any part of an official compensation package as determined by the public body

that the public official serves; (ORS 244.040(2)(a))b) The receipt by a public official or a relative or member of the household of the

public official of an honorarium or any other item allowed under ORS 244.042; (ORS 244.040 (2)(b)

c) Reimbursement of expenses; (ORS 244.040(2)(c)) d) An unsolicited award for professional achievement. (ORS 244.040 (2)(d))

3) A public official may not solicit or receive, whether directly or indirectly, honoraria for the public official or for any member of the household of the public official if the honoraria are solicited or received in connection with the official duties of the public official. (ORS 244.042(1))

4) Exceptions to ORS 244.042(1) are:a) The solicitation or receipt of an honorarium or a certificate, plaque,

commemorative token or other item with a value of $50 or less; orb) The solicitation or receipt of an honorarium for services performed in relation to

the private profession, occupation, avocation or expertise of the public official or candidate. (ORS 244.042(3)(a) and 244.042(3)(b))

5) Any person that provides a public official or candidate, or a member of the household of the public official or candidate, with an honorarium or other item allowed under ORS 244.042 with a value exceeding $15 shall notify the public official or candidate in

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writing of the value of the item within 10 days after the event for which the honorarium or other item was received. (ORS 244.100(2))

6) A public official may not solicit or receive, either directly or indirectly, and a may not offer or give to any public official any pledge or promise of future employment, based on any understanding that the vote, official action or judgment of the public official would be influenced by the pledge or promise. (ORS 244.040(3))

7) A public official may not attempt to further or further the personal gain of the public official through the use of confidential information gained in the course of or by reason of holding position as a public official or activities of the public official. (ORS 244.040(4)).

8) A person who has ceased to be a public official may not attempt to further or further the personal gain of any person through the use of confidential information gained in the course of or by reason of holding position as a public official or the activities of the person as a public official. (ORS 244.040(4))

9) A person may not attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member. This subsection does not apply to the person’s employer, business partner or other associate. (ORS 244.040(6))

C. GIFTS

1) During a calendar year, a public official, a candidate or a relative or member of the household of the public official may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest. (ORS 244.025(1))

2) During a calendar year, a person who has a legislative or administrative interest may not offer to the public official or a relative or member of the household of the public official any gift or gifts with an aggregate value in excess of $50. (ORS 244.025(2))

3) “Legislative or administrative interest” means an economic interest, distinct from that of the general public, in:a) Any matter subject to the decision or vote of the public official acting in the public

official’s capacity as a public official. (ORS 244.020(10)) 4) “Gift” does not mean:

a) Gifts from relatives or members of the household of the public official. (ORS 244.020(7)(b)(B)a) An unsolicited token or award of appreciation in the form of a plaque, trophy,

desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25with a resale value of less than $25. (ORS 244.020(7)(b)(C)

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b) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties. (ORS 244.020(7)(b)(D)

c) Admission provided to or the cost of food or beverage consumed by a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, at a reception, meal or meeting held by an organization when the public official represents state government. (ORS 244.020(7)(b)(E)

d) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which a public body… pays membership dues or a not-for-profit corporation… for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state government. (ORS 244.020(7)(b)(F)

e) Reasonable food, travel, or lodging expenses provided to a public official, a relative of the public official…a member of the household… or a staff member of the public official accompanying the public official when the public official is representing state government. (ORS 244.020(7)(b)(H)

f) Food or beverage consumed by a public official acting in an official capacity. (ORS 244.020(7)(b)(I)

g) Food or beverage consumed by a public official at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage. (ORS 244.020(7)(b)(L)

h) Entertainment provided to a public official or a relative or member of the household of the public official that is incidental to the main purpose of another event. (ORS 244.020(7)(b)(M)

i) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing state government. (ORS 244.020(7)(b)(N)

j) Anything of economic value offered to or solicited or received by a public official, or a relative or member of the household of the public official:

i. As part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer …

ii. That bears no relationship to the public official’s… official position or public office. (ORS 244.020(7)(b)(O)

Any organization, unit of government, tribe, or corporation that provides a public official with expenses with an aggregate value exceeding $50 for an event (convention, trip, and certain meetings) shall notify the public official in writing of the amount of the expense. The organization, unit, tribe or corporation shall provide the notice to the public official within 10 days after the date the expenses are incurred. (ORS 244.100(1))

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D. CONFLICTS OF INTEREST

1) An “actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated. (ORS 244.020(1))a) When met with an actual conflict of interest, announce publicly the nature of the

actual conflict and:i. Refrain from participating as a public official in any discussion or debate on

the issue out of which the actual conflict arises or from voting on the issue.ii. If any public official’s vote is necessary to meet a requirement of a

minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the actual conflict arises. (ORS 244.120(2))

2) A “potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:a) An interest or membership in a particular business, industry, occupation or other

class required by law as a prerequisite to the holding by the person of the office or position.

b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged.

c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code. (ORS 244.020(13))

i. When met with a potential conflict of interest, announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official. (ORS244.120(2)(a))

3) When a public official gives notice of an actual or potential conflict of interest, the public body that the public official serves shall record the actual or potential conflict in the official records of the public body. In addition, a notice of the actual or potential conflict and how it was disposed of may in the discretion of the public body be provided to the Oregon Government Ethics Commission within a reasonable period of time. (ORS 244.130(1)).

4) The Oregon Government Ethics Commission may impose civil penalties not to exceed:

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a) $10,000 for willfully violating ORS 244.040. (ORS244.350(1)(c)) (Prohibited use of official position or office…)

b) $1,000 for violating any provision of ORS 192.660. (ORS 244.350(2)(a)) (Executive sessions permitted on certain matters…)

c) In addition to civil penalties imposed under ORS 244.350, if a public official has financially benefited the public official or any other person by violating any provision of this chapter, the Oregon Government Ethics Commission may impose upon the public official a civil penalty in an amount equal to twice the amount the public official or other person realized as a result of the violation. (ORS 244.360)

E. BRIBERY

1) A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capacity. (ORS 162.015(1)).

2) Bribe giving is a Class B felony. (ORS 162.015(2))3) Maximum term of an indeterminate sentence of imprisonment for a Class B felony is

10 years (ORS 161.605(2)) and a fine not exceeding $250,000. (ORS 161.625(c))

F. OFFICIAL MISCONDUCT

1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person (ORS 162.405(1)). a) Official misconduct in the second degree is a Class C misdemeanor. (ORS

162.405(2))b) Sentences for misdemeanors shall be for a definite term. For a Class C

misdemeanors, 30 days. (ORS 161.615(3)) and a fine not exceeding $1,250. (ORS 161.635(c)).

2) A public servant commits the crime of official misconduct in the first degree if:a) With intent to obtain a benefit or to harm another:

ii. The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

iii. The public servant knowingly performs an act constituting an unauthorized exercise in official duties. (ORS 162.415(1)).

b) Official misconduct in the first degree is a Class A misdemeanor. (ORS 162.415(2)) c) Sentences for misdemeanors shall be for a definite term. For a Class A

misdemeanor, 364 days (ORS 161.615(1)) and a fine not exceeding $6,250. (ORS 161.635(a))

END OF POLICY

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PUBLIC RECORDS

A. Definition of Public Records

1) A “public record” means any information that: a) Is prepared, owned, used or retained by a state agency or political subdivision;b) Relates to an activity, transaction or function of a state agency or political

subdivision; andc) Is necessary to satisfy the fiscal, legal administrative or historical policies,

requirements or needs of the state agency or political subdivision. (ORS 192.005(5))

d) “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. (ORS 192.311(7)

2) For public access purposes, a “public record” is any writing containing information relating to the conduct of the public’s business, including but not limited to, court records, mortgages and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics. (ORS 192.311(5)(a)).

3) Council agenda items, handouts, administrator files, Council e-mails, social media accounts, correspondence, minutes and recordings are all public records required to be retained and accessible by the public (ORS 192.005, OAR 166-350-0010(4)).

B. Access to Public Records

1) All Council materials are public documents and available to the public upon request. An exception is confidential Lawyer-client materials. In addition, work done on private e-mail accounts as well as personally purchased computers and hand held devices might be considered a public record for both access and retention/disposition. (ORS 192.355)

2) Purely personal messages, as well as unsolicited messages and advertisements (spam), are not public records under the retention/disposition aspect of the law but may be accessible to the public under the access portion of the law (ORS 192.355). Confidential records, such as those protected by lawyer-client privilege are not public records.

C. Retention of Public Records

The Youth Development Council will follow the retention schedule suggested by the Secretary of State’s Archivist (ORS 192.105; OAR 166-350-0010).

1) Audio Tapes: Retention: 1 year following transcription; destroy;2) Audio Tapes: Retention: (if not transcribed) Permanent; transfer to State Archives

after 10 years;3) Minutes: Retention: Permanent; transfer to State Archives after 10 years;

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4) Other meeting records: Retention: 5 years; destroy;5) Council Records (correspondence, budgets, committee reports, reports, reference

material): Retention: 4 years, destroy;6) Member Personnel Records (appointment letters, employee data sheets): Retention:

10 years after final term expires, destroy;7) Organizational Records (bylaws, mission/goal statements, work plans, policy):

Retention: Permanent, transfer to State Archives after 10 years;8) Council’s Lobbyist Records (registration, correspondence, reports): Retention:

Expenditure reports: 5years, destroy; other: 5 years after last activity.

D. Tampering with Public Records1) A person commits the crime of tampering with public records if, without lawful

authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in or falsely alters any public record. (ORS162.305(1))

2) Tampering with public records is a Class A misdemeanor. (ORS 162.305(2)(a)) 3) Punishable by 364 days imprisonment and a fine not exceeding $6,250 (ORS 161.615

and 161.635).

E. Charging for Records Requests

1) The Oregon Public Records Law expressly authorizes a public body to establish fees reasonably calculated to reimburse the public body for its actual cost in making such records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the request. (ORS192.324(4)(a))

2) The public body may include in a fee…the cost of time spent by an attorney for the public body in reviewing the public records, redacting materials from the public records or segregating the public records into exempt and nonexempt records. (ORS 192.324(4)(b))

3) The pubic body may not establish a fee greater than $25 … unless the public body first provides the requester with a written notification of the estimated amount of the fee and the requester confirms that the requester wants the public body to proceed with making the public record available. (ORS 192.324(4)(c))

END OF POLICY

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OREGON ADMINISTRATIVE RULES

A fundamental responsibility of the Youth Development Council is the adoption of Oregon Administrative Rules that govern the Youth Development Division. The council is the lawful and final authority in formulating policy but may involve those who will be affected. In formulating administrative rules, staff is directed to collaborate with interested parties, provide public notice and consider public comment.

A. Definition

1) Under Oregon law, an administrative “rule” means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:a) Unless a hearing is required by statute, internal management directives,

regulations or statements which do not substantially affect the interests of the public:

i. Between agencies, or their officers or their employees; orii. Within an agency, between its officers or between employees.

b) Action by agencies directed to other agencies or other units of government, which do not substantially affect the interests of the public.

c) Declaratory rulings issued pursuant to ORS 183.410 or 305.105.d) Intra-agency memoranda.e) Executive orders of the Governor.f) Rules of conduct for persons committed to the physical and legal custody of the

Department of Corrections, the violation of which will not result in:i. Placement in segregation or isolation status in excess of seven days.

ii. Institutional transfer or other transfer to secure confinement status for disciplinary reasons.

iii. Disciplinary procedures adopted pursuant to ORS 421.180. (ORS 183.310(9))

B. Council Process for Permanent Rule-Making

1) The council will have sufficient time to consider a proposed administrative rule. Once staff has determined the need for an administrative rule, the following steps will be observed: a) An advisory committee will be created if the proposed rule will have a significant

impact on a segment of the council’s constituency. If an advisory committee is not formed, then stakeholders will be consulted.

b) Staff will draft the rule. If the rule amends a prior rule, the changes will be clearly displayed, with new language in bold, and deleted language marked as deleted.

c) Staff will bring the proposed rule to the council for a “first reading,” showing the proposed changes and review the need for the rule and what the rule accomplishes.

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d) Staff will schedule and hold a public hearing on the proposed rule. The hearings officer will summarize the oral testimony presented at the hearing.

e) Staff will revise the rule if advisable. f) Revisions to the rules will be returned to the council for a “second reading” and

adoption.

C. Advisory Committees

1) The agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule, or use any other means of obtaining public views that will assist the agency in drafting the rule. (ORS 183.333(1))

2) If an agency appoints an advisory committee for consideration of a rule, the agency shall seek the committee's recommendations on whether the rule will have a fiscal impact, what the extent of that impact will be and whether the rule will have a significant adverse impact on small businesses. If the committee indicates that the rule will have a significant adverse impact on small businesses, the agency shall seek the committee's recommendations on compliance with ORS 183.540. (ORS 183.333(3))

3) An agency shall consider an advisory committee's recommendations provided under subsection (2) of this section in preparing the statement of fiscal impact required by ORS 183.335 (2)(b)(E). (ORS 183.333(4))

4) If an agency does not appoint an advisory committee for consideration of a permanent rule under subsection (1) of this section and 10 or more persons likely to be affected by the rule object to the agency's statement of fiscal impact as required by ORS 183.335 (2)(b)(E) or an association with at least 10 members likely to be affected by the rule objects to the statement, the agency shall appoint a fiscal impact advisory committee to provide recommendations on whether the rule will have a fiscal impact and what the extent of that impact will be. An objection under this subsection must be made not later than 14 days after the notice required by ORS 183.335 (1) is given. If the agency determines that the statement does not adequately reflect the rule's fiscal impact, the agency shall extend the period for submission of data or views under ORS 183.335 (3)(a) by at least 20 days. The agency shall include any recommendations from the committee in the record maintained by the agency for the rule. (ORS 183.335(5))

D. Interested Parties

Any agency in its discretion may develop a list of interested parties and inform those parties of any issue that may be the subject of rulemaking and invite the parties to make comments on the issue. (ORS 183.333(2)).

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E. Council Materials

The packet of materials will be sufficient to inform the council of the need for the rule, and what the rule accomplishes.

1) Readings: a) Issue background and explanation of the need for the rule. b) Rule number and wording with the changes clearly indicated. c) Estimated fiscal impact, if applicable.

2) Adoption:a) Issue background and explanation of the need for the rule. b) Rule number and wording with the changes clearly indicated. c) Estimated fiscal impact, if applicable. d) Hearings Officer Report, including a summary of oral testimony. e) Written testimony submitted or summary of written testimony submitted.

F. Notice (ORS 183.335, 183.341; OAR 581-001-000)

1) Prior to the adoption, amendments or repeal of any rule, the Youth Development Division shall give notice of the proposed adoption, amendment or repeal:a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior

to the effective date of the rule to be adopted; (ORS 183.335(1)(b)b) At least 28 days before the effective date, to persons who have requested to be

placed on the Youth Development Council's mailing list may request in writing that the Division mail to the person copies of its notice of proposed rulemaking; (ORS 183.335(1)(c))

c) Delivered only by electronic mail, at least 49 days before the effective date, to the legislators specified in ORS 183.335(15). (ORS 183.335(1)(d) and 183.335(15))

2) An administrative rule will not be voted on without prior public notice unless it is a temporary rule and failure to act promptly will result in serious prejudice to the public interest or the interest to the parties concerned. Such notice will be on the council agenda and include the number of the council rule and the title of the council sufficient to give the public adequate notice of the matter before the council.

G. Content of Notice (ORS 183.335)

The required notice may be given in written or electronic form and must include:1) A caption of not more than 15 words that reasonably identifies the subject matter of

the agency’s intended action. The agency shall include the caption on each separate notice, statement, certificate or other similar document related to the intended action. (ORS 183.335(2)(A))

2) An objective, simple and understandable statement summarizing the subject matter and purpose of the intended action in sufficient detail to inform a person that the person's interests may be affected, and the time, place and manner in which

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interested persons may present their views on the intended action. (ORS 183.335(2)(a)(B))

3) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule. (ORS 183.335(2)(b)(A))

4) A citation of the statute or other law the rule is intended to implement. (ORS 183.335(2)(b)(B))

5) A statement of the need for the rule and a statement of how the rule is intended to meet the need. (ORS 183.335(2)(b)(C))

6) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection. (ORS 183.335(2)(b)(D))

7) A statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. (ORS 183.335(2)(b)(E))

8) If an advisory committee is not appointed under the provisions of ORS 183.333, an explanation as to why no advisory committee was used to assist the agency in drafting the rule; and (ORS 183.335(2)(b)(F))

9) A request for public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business. (ORS 183.335(2)(b)(G))

10) When providing notice of an intended action under subsection of this section, the agency shall provide a copy of the rule that the agency proposes to adopt, amend or repeal, or an explanation of how the person may acquire a copy of the rule. The copy of an amended rule shall show all changes to the rule by striking through material to be deleted and underlining all new material, or by any other method that clearly shows all new and deleted material. (ORS 183.335(2)(d))

H. Oral Hearing

Opportunity for oral hearing shall be granted upon request received from 10 persons or from an association having not less than 10 members before the earliest date that the rule could become effective after the giving of notice. An agency holding a hearing upon a request made under this subsection shall give notice of the hearing at least 21 days before the hearing to the person who has requested the hearing and to persons who have requested notice. The agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 at least 14 days before the hearing. The agency shall consider fully any written or oral submission. Written comments or testimony to the Youth Development Council can be sent to the Youth Development Director. (ORS 183.335 (3)(a))

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I. Public Input

It is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. (ORS 183.333)

J. Rule Adoption

1) In order to avoid opening up the public comment period, the council will not entertain testimony on a proposed rule after the public comment period has closed. This generally will mean public comment will not be taken the month the rule is scheduled for adoption.

2) However, this does not in any way foreclose the council members from discussing and debating among themselves the merits of the proposed rules at a meeting. The council is also free to ask questions and seek input from staff at the meeting. Finally, the limits discussed above apply to comments that are received by the council as a body. Individual council members are free to discuss council business, including proposed rules, with members of the public.

K. Vote

The adoption, amendment, or repeal of administrative rules will be accomplished by recorded vote with the result entered in the minutes.

L. Temporary Rules (ORS 183.335)

1) An agency may adopt, amend or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, if the agency prepares:a) A statement of its findings that its failure to act promptly will result in serious

prejudice to the public interest or the interest of the parties concerned and the specific reasons for its findings of prejudice;

b) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

c) A statement of the need for the rule and a statement of how the rule is intended to meet the need;

d) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection. (ORS 183.335(5))

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2) A rule adopted, amended or suspended … is temporary and may be effective for a period of not longer than 180 days. (ORS 183.335(6)(a))

M. Filing of Rules

1) Each agency shall file with the office of the Secretary of State each rule adopted by the agency. (ORS183.355(2)(a))

2) Each rule is effective upon filing as required, unless another effective date is required by statute or specified in the rule, the later date is the effective date. (ORS 183.355(3))

N. Rules Review

1) Not later than five years after adopting a rule, an agency shall review the rule for the purpose of determining:a) Whether the rule has had the intended effect;b) Whether the anticipated fiscal impact of the rule was underestimated or

overestimated;c) Whether subsequent changes in the law require that the rule be repealed or

amended; andd) Whether there is continued need for the rule. (ORS 183.405)

O. Rules Coordinator

1) Each state agency that adopts rules shall appoint a rules coordinator and file a copy of that appointment with the Secretary of State. The rules coordinator shall:a) Maintain copies of all rules adopted by the agency;b) Provide to the public, upon request, information pertaining to:

i. All rulemaking proceedings of the agency; ii. The status of the agency’s rules; and

iii. All certificates and rules filed by the agency with the Secretary of State; andc) Keep and make available the mailing list required by ORS 183.335 (8). (ORS

183.330)

P. Readability

The Youth Development Divisions shall prepare its public writings in language that is as clear and simple as possible. (ORS 183.750)

END OF POLICY

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