Clean Water Services draft rules of procedure reviewed; board seeks first‑amendment training and clearer attendance, comment and emergency rules

Clean Water Services (CWS) staff presented a revised draft of the utility’s rules of procedure during the Washington County Board of Commissioners’ Sept. 4 roundtable, prompting detailed discussion about attendance expectations, public comment and how the board should handle emergencies and disruptive meetings.

Brad Anderson, who led the review for CWS staff, said the draft (version 2) was revised after the board’s August feedback and that the document highlights in yellow the sections where commissioners had asked for further discussion. “What you see before you is 2 based upon our previous conversation on August 14,” Anderson said.

Commissioners focused first on a proposed attendance policy. Staff provided three models for language — the chair’s proposal, language used by Washington County staff and other models such as Clackamas County’s practice. Several commissioners favored a version that sets a clear expectation to attend regularly while allowing notification if a commissioner must miss a meeting. “I personally like the Clackamas County version myself,” one commissioner said, citing clarity and the habit of notifying the board and county counsel when an absence is anticipated.

Public comment and public‑hearing rules prompted extended debate. Draft language proposes a standard 15‑minute public comment window for general comment periods and a 3‑minute limit per speaker; for public hearings the draft suggests 2 minutes per individual. Commissioners and staff discussed when the board could reasonably shorten or manage hearing testimony if large numbers of people sign up, and whether limiting testimony would affect appeal rights tied to the administrative record. Brad Anderson emphasized that the draft preserves board flexibility to adjust time and procedures by majority vote.

Emergency procedures and virtual meeting contingencies were also discussed. Staff said the draft includes language allowing declared emergencies to be handled consistent with statute and noted the board could adopt a separate policy on emergency declarations later. Commissioners requested clearer procedures for when an on‑site meeting becomes unsafe or when the board should temporarily recess and reconvene virtually.

Members raised free‑speech and public‑meeting concerns and asked for formal training. “There are really good lawyers who spent their entire lives looking at the very narrow issues of the First Amendment,” one commissioner observed, and the board concluded that first‑amendment training for commissioners and staff should come before any final adoption of new rules. Several commissioners asked legal staff to develop brief, practical guidance on profanity, threats, signage, recording and decorum and to propose standard language the presiding officer can use during meetings.

Staff also proposed formatting and clarifying edits — for example clarifying clerks’ duties, aligning a public notice practice with county norms and moving some public comment limitations into the general meeting section so the rules are easier to follow. Clean Water Services staff told the board they will bring the revised rules back for consideration and that an executive session is scheduled to follow the next CWS meeting to address other matters.

Ending: The board directed staff to refine the draft rules, to schedule First Amendment and public‑meeting training for commissioners and relevant staff, and to return with a clear final document and recommended adoption timing for the board’s consideration.