Stafford Bylaws

Article I: NAME

The name of this Hamlet shall be the Stafford Hamlet. The Hamlet is formed pursuant to the authority set forth in Chapter 2.10 of the Clackamas County Code.

Article II: PURPOSE

The purpose of Stafford Hamlet is to:

Promote community identity.
Provide community members with a forum to express positions on issues of concern.
Be the voice of the community.
Provide advice to Board of County Commissioners (BCC), Metro, Cities, Community Planning Organization and the State of Oregon on issues relevant to the Hamlet.
Seek equitable representation of the interests of the community members.
Review and consider long-range governance issues.
Handle other community issues within the authority granted to a Hamlet.
Advocate for the aspirations contained in the Community Vision Statement (CVP).

Article III: ACTIVITIES

Promote and organize Community activities to provide for enhanced community-building.
Maintain and develop active communications and formal working relationships with Community Planning Organization (CPO), the County, surrounding Cities, Metro, the State of Oregon, and other groups, districts, and agencies as appropriate.
Communicate actively with Stafford Hamlet Members and the surrounding community via emails, web site, mailings, news articles, and other means.
Maintain website and keep current with news articles, meeting schedules and activities.
Develop an annual budget that supports the activities of the Stafford Hamlet and provides for realistic sources of revenue.
Organize and promote various fund raising activities to generate funds to support a budget that may require funding in addition to that provided by the County upon approval of the County Risk Manager per Chapter 2.10, Section 2.10.110(B).
Promote and actively communicate the 2015 Community Vision Plan (2015 CVP) and the 2009 Values and Vision Statement (2009 V&V). Any future changes or amendments to the 2015 CVP shall be passed by a majority of the Category One and Two members in accordance with Chapter 2.10, Section 2.10.050(K).
Promote economic activity (within the 2015 CVP and 2009 V&V), conservation and habitat activities, parks, trails, and pathways.
Engage consultants that may be required from time to time to support the Stafford Hamlet’s purpose and activities.
Maintain a community vision plan conceived within a grassroots effort from our community that reflects the view of the community, and was developed in collaboration with Community Planning Organizations, cities, Clackamas County, Metro, the State of Oregon and other groups and districts as appropriate.
Formally acknowledge the strategic plan adopted by the Board of County Commissioners (BCC).

Article IV: BOUNDARY

Section 1.The boundary of the Stafford Hamlet is defined on the south by the north edge of the I-205 right-of-way as it intersects the Stafford-Tualatin Valley CPO and the entire northern boundary of the Stafford-Tualatin Valley CPO. In addition, the boundary shall include the area defined as the Tualatin Loop and the contiguous area of SW Johnson Road, south of I-205. (Map is attached).

Section 2: Changes The boundary may be changed after discussion with neighboring organizations, jurisdictions and service providers, review and approval by the Board of County Commissioners (BCC) and a majority vote of the citizens at a town hall meeting.

Article V: HAMLET MEMBER AND VOTING

Resident and Non-resident voters:
1. Category One voters are members residing on or owning a parcel 5 acres or larger.
2. Category Two voters are members residing on or owning a parcel under 5 acres.
All residential renters are Category #2 voters.
Other persons eligible to vote:
1. Non-resident business owners whose business is located on a parcel 5 acres or larger and is within the Hamlet are Category One voters.
2. Non-resident business owners whose business is located on a parcel under 5 acres and is within the Hamlet are Category Two voters.
Other Property Ownership Forms include living trusts, business trusts, revocable living trusts, corporations and LLC’s.
1. A non-resident representative of a business/trust’s owners is entitled to one vote per parcel. If an owner/Hamlet resident represents other business/trust owners, that person’s vote per parcel becomes the expressed vote of the group.
2. If a trust document designates two individuals as co--trustee, whether living on the property or not, is entitled to a single combined vote.
3. Similar to non-resident business owners:
  1. If their property is a parcel 5 acres or larger, they are Category One voter.
  2. If their property is a parcel under 5 acres, they are Category Two voters.
Regardless of any provision, no individual is entitled to more than one vote. The right to vote shall be granted to all persons upon showing proof of eligibility and signing the official county membership/attendance register.
1. All votes shall be by paper ballot at the town hall meeting unless otherwise determined.
2. No proxy or absentee votes are allowed.
In order to vote at a Town Hall Meeting, a Hamlet members must be eligible as follows:
1. Present at the meeting
2. Provide proof of Hamlet ownership or residency such as:
  1. Government issued ID
  2. Tax statements
  3. Utility bills
  4. Other documentation supporting eligibility subject to Board approval.
Hamlet member is an individual at least 18 years of age.
The county representative is present and supports the election.
Membership will lapse if the member is no longer eligible.
Participation is by individual initiative rather than by governmental invitation.

Article VI: BOARD OF DIRECTORS

The Hamlet Board is the representative voice of its members and serves in an advisory capacity to the BCC on issues of Hamlet concern. Any eligible Hamlet member shall be eligible for the board. All Board Members must satisfactorily complete training required by the BCC and provided by County staff. No Board member may participate in Board deliberations or voting until completing training.

Section 1. Number.

There shall be 10 directors, elected by the most votes in each category at an annual town hall meeting.
1. Three (3) elected to represent Category One members
2. Three (3) elected to represent Category Two members
3. Four (4) elected to represent the Membership at Large

Section 2. Eligibility. Candidates for positions on the Board of Directors of the Hamlet must be members of the Hamlet and shall complete an application form indicating their eligibility.

Section 3. Duties:

The primary duties of the board of directors are:
1. Work with members to carry out the Hamlet’s activities.
2. Gather member input on all actions requiring a vote by the board.
3. Conduct all appropriate administrative functions of the Hamlet, including yearly budget and record keeping.
4. Conduct Town Hall Community meetings.
5. Provide an annual report of activities to:
  1. The members of the Hamlet
  2. The county’s liaison
  3. The BCC.
6. Represent the Hamlet to other jurisdictions and the BCC.
7. Undertake any other duties proposed by the members and approved by the board, county liaison, and BCC if necessary.

Section 4. Term and Election.

A. The term of office for directors shall be two years. (The terms of directors should be staggered so that each year, approximately one-half of the terms expire.)

B. The directors shall be chosen by receiving the majority of votes of Hamlet members voting.

Section 5. Officers. The Board shall choose a Chair, Vice-Chair, Secretary, and Treasurer from elected board of directors.

Section 6. Duties of Officers. The duties of each are as follows:

A. Chair:

The chair shall preside over all meetings of the Hamlet.
Authorize all expenditures.
Appoint committee chairs.
Be responsible for the performance of such duties as prescribed in these bylaws or designated by members at a town hall meeting.
The Chair shall be an ex-officio member of all committees.

B. Vice-Chair:

The Vice-Chair shall perform the duties of the chair in his/her absence or disability.
The Vice-Chair may co-sign for authorized expenditures if either the chair or treasurer is unable to perform this duty.

C. Secretary:

The secretary shall keep accurate records of all meetings of the Hamlet.
The minutes shall be made available to the county liaison and to any member or the public as required by the Oregon Public Records and Meetings Law (ORS Chapter 192.) by requesting the record from the county liaison. There may be a production charge for records requests.
Handle all correspondence of the Hamlet.
Be responsible for any other duties delegated by the Board of Directors.

D. Treasurer:

The Treasurer shall maintain an accurate record of all income and expenses of the Hamlet and co-sign authorized expenditures In compliance with Chapter 2.10 of the County Code.
The Treasurer may maintain a bank account and must present a statement of accounts at every meeting.
The Treasurer’s records shall be made available to any member or the public as required by the Oregon Public Records Law. There may be a production charge for records requests.

Section 7. Selection of Officers. The officers shall be selected at the first meeting of the Hamlet and subject to reelection according to Article VI, Section 4.

Section 8. Vacancies. A vacancy will occur when a director is no longer a member of the Hamlet, dies, resigns, is removed, or has more than two (2) unexcused absences from Hamlet or board meetings. The vacancy shall be filled by appointment by a majority of the remaining directors. The person appointed to fill the vacancy shall serve the remainder of the unexpired term.

Section 9. Quorum and Action. A quorum at a meeting, and the minimum number of concurring votes (affirmative or negative) that must be cast in order to pass or reject a motion by the board of directors, shall be a majority of the total number of directors, as prescribed by ORS 174.130.A quarum consists of six with ten directors in office.

Section 10. Regular Meetings. The Hamlet shall hold Community Meetings at least quarterly. The Hamlet shall undertake the activities and business of the Hamlet, including identifying, discussing and voting on community issues; voting on land use actions; setting goals to guide the Hamlet Board, hearing reports of Hamlet Board actions, and providing feedback; and handling other matters as proposed by the members or the Hamlet Board of Directors. Hamlet Board Meetings and Community Meetings may be combined or held consecutively on the same date. All such town hall meetings shall be open to the public, but only members of the Hamlet as defined in Article V of these bylaws, and as set forth in Chapter 2.10 of the County Code, may vote.

Section 11. Town Hall Meetings. At least two of the Community Meetings each year shall be Town Hall Meetings. In addition to matters usual for community meetings, the Town Hall Meetings will include annual and vacancy elections for Directors and/or recall votes, proposals to amend the Bylaws, and a report of the activities by the Board and Hamlet membership since the last Town Hall Meeting.

Section 12. Board of Director Meetings. Meetings of the Hamlet Board of Directors will be held at a time, place and frequency to be determined by the Board. Notice shall be provided and meetings shall be open in accordance with the Oregon Public Meetings Law. Special meetings of the board of directors may be held at the time and place to be determined by the board. Notice of Special Board Meetings shall give the time, place, purpose of the meeting and a list of the principal subjects anticipated to be considered at the meeting, and shall be delivered to each Director personally or by telephone, email, or U.S. Postal Service, no less than five (5) business days prior to the special meeting.

Section 14. Public Meetings and Public Records. The Hamlet shall comply with ORS Chapter 192, Public Records and Meetings, to the extent required by law. This includes providing adequate notice, opening the meetings to the public, voting and keeping minutes. All records of the Hamlet are county records and considered public unless exempt from disclosure by the Oregon Public Records Law. All requests for records should be referred to Public and Governmental Affairs of the Board of County Commissioners for processing.

Section 15. Notification. As soon as applicable to regular community and Town Hall meetings, public notice of the meeting will be provided within the boundary of the Hamlet reasonably calculated to give notice of the time and place for the meeting, according to the provisions of the Oregon Public Meetings Law.

Section 16. Compensation. Directors shall not be paid for services on the board, but may be reimbursed for board-approved expenses related to their Hamlet duties. All requests for reimbursement must be accompanied by a receipt./ handbook

Section 17. Removal of a Director. Any director may be removed from office at a town hall meeting by a two-thirds majority vote of Hamlet members present. The proposed recall must be announced at the town hall meeting prior to the town hall meeting when the vote will occur. A director may also be removed by the BCC for violating the state ethics laws, County Code, or these bylaws.

Article VII: COMMITTEES

The Board of Directors may establish such committees as necessary and desirable to conduct the affairs of the Hamlet. Such committees shall be advisory to the Board of Directors and are also subject to Oregon’s Open Meetings Law.

Article VIII: PETITIONS and ALLEGATIONS

Section 1: Initiative Petition Individuals bringing an Initiative Petition before the Hamlet Board must submit two copies of the complete petition to the Hamlet Board. The petition will include a minimum of 20 signatures of Hamlet voting members.

The Hamlet Board will:

Verify the petition validity.
Forward a copy to Clackamas County Public and Government Affairs Department.
Schedule a minimum of one hearing before Hamlet members within 60 days.
Schedule a Town Hall Vote meeting within 90 days or a special called meeting(s) for a time critical matter.
Reach a position on the petition and present that position at the Town Hall Vote meeting.
Report the voting results to Hamlet members as soon as practicable via the Hamlet on the website as a minimum.

Section 2: Allegations Against Board or Board Members

Individuals making an allegation against a Hamlet board member must submit the case in writing to each member of the Hamlet board, sending a copy to the Clackamas County Public and Government Affairs Department.
The Hamlet Board will place the matter on the agenda of its next regularly scheduled meeting. It may be advertised either as an executive session under ORS 192.660(2) (b) to keep the details confidential, or in open session if requested by the subject board member(s). The board must go back into open session to make any decision; refer the complainant to the Oregon Governments Standards and Practices Commissions (for alleged ethical violations) if further action is desired; or, appoint a subcommittee to investigate the allegations.
The subcommittee appointed must be comprised of at least two disinterested board members and two members of the Hamlet. They will be charged with the responsibility of investigating the merits, if any, of the written allegations.
The subcommittee shall report its findings to the Hamlet Board within forty- five (45) days of its appointment. If in writing, copies of the report shall be provided to members of the board and Public and Government Affairs at least seven (7) days prior to the scheduled board hearing. The report may be presented to the Hamlet Board in executive session (ORS 192.660(3)(b)), unless an open session is requested by the subject of the investigation.
The Hamlet Board may discuss the findings of the subcommittee in executive session, but must go back into open session to make a decision.
In open session, the board may vote to accept or reject any of the findings made by the subcommittee. This includes exoneration on one or more charges, or removal of the subject board member(s). The decision by the Hamlet Board becomes the basis for a recommendation to the BCC.
A vote in favor of removing the subject board member(s) shall not be effective unless and until approved by the BCC. Following action by the Hamlet board, the BCC shall review the Hamlet decision in a pubic work session, at which time the BCC may accept or reject the Hamlet Board’s recommendation. If the decision to remove is approved by the BCC, the Hamlet Board shall recommend a successor who shall serve the remainder of the term.
The BCC may request the county staff also investigate the allegations.

ARTICLE IX: FUNDING

Section 1. Grants and Fundraising.

The Hamlet shall have no power to request a tax levy or impose any other fees on its members.
The Hamlet may:
1. 1Accept contributions
2. Raise funds including:
  1. Grants.
  2. Through the voluntary efforts of its members.
  3. The Hamlet also may enter into agreements for the sharing of revenue with the county.

Section 2. County Funding.

Limited funding for Hamlet activities shall be provided by Clackamas County as deemed appropriate and feasible by the BCC.

ARTICLE X: COUNTY LIAISON

Section 1. County Staff Liaison.

A designated Clackamas County staff liaison shall be the primary contact
between the County and the Hamlet.

B. Other county staff shall work through the staff liaison with the Hamlet as needed and available.

Section 2. Board of County Commissioners.

Members and representatives of the Hamlet Board of Directors and one or more commissioners of the Board of County Commissioners shall hold quarterly, or as needed, “BCC work sessions” at a time and place set by the BCC.
The purpose is to provide review and feedback on the progress, plans, activities and directions of the Stafford Hamlet.

ARTICLE XI. LOCAL BUDGET LAW; CONTRACTS

The Hamlet shall cooperate with the county and comply with ORS 294.305 to 294.565, to the extent required by law.
The Hamlet has no authority to enter into contracts unless expressly authorized in writing by the BCC or its designee. All Clackamas County contracts are subject to the rules of the Clackamas County Local Contract Review Board.
Any intergovernmental agreements between the Hamlet and other governments shall be reviewed and agreed to by the BCC, who will sign on behalf of the Hamlet.

ARTICLE XII. CONFLICT OF INTEREST

The Hamlet Board of Directors and any members of the Hamlet shall at all times avoid participating in any actions that represent an actual or potential conflict of interest.
The members of the Hamlet Board and all Advisory Committees shall at all times be aware of and conform with Oregon conflict of interest rules as contained in Chapter 244 of the Oregon Revised Statues, and the Oregon Administrative Rules.

ARTICLE XIII. LIABILITY; RISK MANAGEMENT

The Hamlet Board of Directors, acting within the scope of authority granted by the organization’s bylaws and county policies, are considered agents of the county for claims made against the organization, officers or members for the purposes of the Oregon Tort Claims Act, ORS 30.260 to 30.302.
.When acting in the capacity of a Community Planning Organization (CPO), the Board of Directors will not be considered an agent of the county.
The Hamlet Board of Directors must obtain approval from the county Risk Manager prior to undertaking public fund-raising activities.

ARTICLE XIV. INDEMNITY

When acting within the scope of their authorized duties, Clackamas County shall indemnify the directors to the fullest extent allowed by law.

ARTICLE XV. DISSOLUTION

1. Dissolution of the hamlet may be by:
An order of the BCC if it finds any of the following:
1. It to be in the best interests of the citizens of the hamlet or the county, to dissolve the hamlet
2. That the hamlet board members have failed to regularly follow its adopted bylaws
3. That the hamlet board members have failed to meet the requirements of this Chapter.
CPO status
Dissolution of the Hamlet does not affect any existing CPO, except to the extent required by a written memorandum of understanding.
Disposition plan
1. An Order for dissolution of the Hamlet shall include a plan for
  1. Disposing of assets
  2. For payment of any indebtedness
2. A BCC Order approving dissolution shall include a plan for dissolution.
  1. If the Order requires the dissolution of any districts, the dissolution of such districts shall be conducted in accordance with state and local law.

ARTICLE XVI. AMENDMENTS TO BYLAWS

The Hamlet Board of Directors may amend these bylaws to include or omit any provision that it could lawfully include or omit at the time the amendment is made.
The process of developing changes or amendments shall at all time be accomplished with an open, community involved process, appropriately advertised and subject to Oregon Open Meetings and Records Law.
Upon written notice of at least 14 days, any number of amendments or an entire revision of the bylaws developed by the open process may be submitted and voted upon at a single meeting of the Board of Directors.
If adopted at such meeting by majority vote of the members of the Hamlet Board of Directors, the proposed amendment(s) shall then be submitted to the BCC for review and approval. The proposed amendment(s) shall then be referred to the next quarterly Town Hall meeting for approval by a two-thirds (2/3) majority of the members voting. Members shall be provided with a complete draft of the proposed amended bylaws at least 30 days before the schedule meeting.
In the event the proposed amendment(s) does/do not receive the approval of the BCC or does/do not receive a two-thirds (2/3) majority of the members voting at the Town Hall meeting, the existing bylaws shall remain in force.
Under no conditions can changes to the bylaws be applied retroactively.

ARTICLE XVII. SEVERABILITY

Invalidity or unenforceability of one or more provisions of these bylaws shall not affect any other provision of these bylaws.,

Executed and Approved this day of_______, Month of_________, 2017 Stafford Hamlet Clackamas County Board Board of County Commissioners