Eugene Water & Electric Board Bylaws
The name of this organization is the Eugene Water & Electric Board.
Authority for the powers and functions vested in the Eugene Water & Electric
Board is established by Chapter 10, Section 44, of the Charter of the City of Eugene, (1976),
The Eugene Water & Electric Board is defined as a political subdivision of the
City of Eugene, a municipal corporation.
The principal purpose of the Eugene Water & Electric Board is to benefit the citizens of Eugene by providing water, electric and other physical energy
services to its customers while maintaining cost based rates in accordance with ORS Chapter 225.
The Eugene Water & Electric Board shall comply with all applicable federal,
state, and local laws and regulations relating to its activities.
The Board is composed of five electors of the city who shall serve without pay.
Section 2.962 of Eugene City Ordinance 18106 provides that, "In 1978, and every
fourth year thereafter, two members shall be elected to the Eugene Water & Electric
Board, one from Wards 4 and 5 and one from the city at large. In 1980, and every
fourth year thereafter, three members shall be elected to the Board, one from Wards
1 and 8, one from Wards 2 and 3, and one from Wards 6 and 7."
The officers of the Board shall be president and vice president. The president and
vice president will be elected annually. The Board shall appoint a general
manager-secretary and fix his/her compensation and conditions of employment. The
general manager-secretary shall designate an assistant secretary, treasurer and
Consultants to the Board shall be approved by the Board upon recommendation by the
general manager-secretary as provided by policy adopted by the Board.
The function of the president is to preside over all meetings of the Board. The
Board shall conduct meetings in accordance with Board policies. If the Board is
unable to resolve procedural issues, the Board shall use Robert's Rules of Order.
The president's role shall be primarily procedural and the president shall have
no greater vote on substantive matters than other members of the Board. The president
will also represent the Board as required within the community and coordinate among
the Board as necessary in the conduct of Board functions.
The function of the vice president is to perform the duties and responsibilities
of the president in his/her absence or as agreed upon by the Board.
The general manager-secretary shall report to the Board as a whole and is responsible
for implementing policies and directions established by the Board. The general manager-secretary
acts as chief executive officer of the organization and shall have all authority
to: operate all utilities, hire, appoint, terminate or remove employees, organize
and, as the general manager-secretary deems necessary, disband and reorganize departments,
act as contracting and purchasing agent for EWEB and award contracts for which there
is an appropriation (except as otherwise provided in EWEB Purchasing Policies),
prepare budgets, and enforce resolutions of the Board. The general manager-secretary
shall also be responsible for preparing reports requested by the Board, representing
the utility to the public, other agencies and organizations, and performing such
other duties as the Board directs. The general manager-secretary may lawfully delegate
any or all of the responsibilities within his/her authority.
The organizational meeting of the Board will be held at the first regular
meeting of each calendar year. The primary purpose of the organizational
meeting is the election of Board officers and other routine annual business.
The Oregon form of government requires an informed public aware of the deliberations
and decisions of public bodies and the information upon which such decisions were
made. It is the intent that Board decisions be approved openly. Except as otherwise
provided by law: all meetings of the Board shall be open to the public and all persons
shall be permitted to attend, no quorum of the Board shall meet in private for the
purpose of deciding on or deliberating toward a decision on any matter; an executive
session may be held only for those purposes allowed by law. (ORS
Commissioners shall not use or attempt to use their official position or office
to obtain financial gain or avoidance of financial detriment. Commissioners shall
follow requirements of state law as to announcing conflicts of interest or potential
conflicts of interest and requirements for refraining from discussion, debate, or
voting in matters where an actual conflict exists. Commissioners shall abide by
state laws on gifts, pledges or promises of employment, personal gain through use
of confidential information and prohibitions on representation of others before
the Board. The Board may from time to time utilize Board policies or guidelines
on conflicts of interest and other ethical standards. (ORS 244.010-.390).
A commissioner shall not qualify for employment at EWEB while serving on the Board
and for twelve months after serving on the Board .
A quorum shall consist of three members of the Board.
In order to pass a resolution, motion, or other measure, an affirmative vote of
at least 3 commissioners (a majority of the 5 commissioner positions) is required.
Should a vacancy occur on the Board, the remaining Commissioners will appoint a
qualified elector to fill such vacancy. The appointment shall be made within 90
days. (Eugene Charter 24)
Attendance at all meetings of the Board is required of Commissioners. Prior notification
of absence should be given to the Board or the Secretary whenever possible. The
Board shall have power to declare vacant the office of a member who shall absent
himself/herself from three consecutive regular meetings without an excuse satisfactory
to the Board (Eugene Code 2.205).
The regular meeting of the Board will be held at 5:30 p.m. on the first Tuesday of each month,
unless that Tuesday falls on or generally conflicts with a national holiday in which case
the meeting may be on the next business day or on another Tuesday in that month.
If an additional regular meeting is required, the general preference will be to hold
that meeting at 5:30 p.m. on the third Tuesday of the month. The Board President and the
General Manager-Secretary may reschedule these meetings, schedule additional meetings,
or cancel any meeting of the Board by mutual agreement.
All regular and special meetings of the Board shall be held whenever possible within
the utility service district. (ORS 192.630(4))
These Bylaws may be amended or altered by a majority vote of the Board. The proposed
amendment or alteration shall be submitted to
all other members of the Board in writing at least ten days before the meeting at
which they are to be considered. For fourteen (14) days prior to the proposed adoption
of any amendment or alteration, a copy of the amendment or alteration shall be available
at the EWEB Headquarters for public inspection during regular office hours. Notification
of the proposed amendment or alteration, the time and place of the meeting at which
the proposal is to be adopted, and notice of its availability for public inspection
shall be published once in a newspaper of general circulation in the city of Eugene
at least fourteen (14) days before the meeting at which the amendment or alteration
is to be adopted, or shall be published or disseminated by such alternate method
as will provide reasonable notice to the public of such proposal. At the meeting,
reasonable opportunity for public comment will be afforded.
The Bylaws will be reviewed during the first three months following the swearing-in
of elected commissioners.
Amended: 09/12/83; 03/25/91;
04/12/93; 06/09/97; 06/02/98; 05/17/05; 07/19/11; 06/04/13; 01/06/15