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HomeMy WebLinkAbout2024-03 XIV Charter Amendments for May 21, 2024 Electionr:� �Y�� R ry � c�� �. c��►ziy� �ix3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECTION 1. The City Council submits to the qualified voters of the City the question of approving or rejecting an amendment to the Ashland Municipal Charter to permit the Chief of Police to designate a qualified person to attend public meetings in place of the Chief of Police when appropriate. SECTION 2. The City Council refers this question to the ballot of May 21, 2024. SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached ballot measure notice, not later than 61 days prior to the election. The Election Officer is requested to give notice to the electorate of the City that the election shall be conducted by mail, pursuant to Oregon law; SECTION 4. The City Recorder shall give notice of the election as provided in the laws of the State of Oregon and the Charter and ordinances of the City of Ashland. SECTION 5. The ballot title for this measure is set forth in Exhibit A, attached. SECTION 6. The proposed amendment to the city charter is set forth in Exhibit B, attached. SECTION 7. The City Attorney is authorized to alter the language of the ballot title only for the purpose of complying with any rules, procedures and practices of the Election Officer of Jackson County to implement the requirements of Oregon law, but shall make no changes to the Charter amendment language in Exhibit B without the consent of the Council. This resolution is referred to the electors of the city of Ashland for approval at the Primary Election in Jackson County, set to occur one, This resolution is effective upon signing by the mayor. ADOPTED by the City Council this <-, day of °' w , , 2024. ATTEST: SIGNED and APPROVED this 4'_ day of °, 2024, r Alissa Ko odzinski, City Recorder Reviewed as to form: Douglas M McGeary, eary, Acting City Attorney L"'O_ � Tony Graham, Mayor EXHIBIT A (Ballot Title) Caption: Proposed Amendment to Ashland City Charter Article XIV-Chief of Police Section2. Question: Shall the City of Ashland City Charter be amended to allow the Chief of Police or uniformed designee to attend City Council meetings to act as the Sergeant -at -Arms of that body. Summary: A "Yes" vote for this measure amends the City Charter to allow the Chief of Police to designate another individual to act as the Sergeant -at -Arms of at City Council meetings in the event the Chief of Police is unable to attend. A "No" vote means the existing language in the City Charter remains that the Chief of Police shall attend all meetings of the City Council. (Explanatory Statement) Article XIV-Chief of Police Powers and Duties Section 2 currently requires "The Chief of Police shall attend all meetings of the City Council, and perform the duties of the Sergeant -at -Arms of that body,...." The Charter's current language does not allow for any consideration to schedule, illness, or training opportunities that may conflict with the City Council meetings. This Measure would allow for the Chief of Police to designate another uniformed individual to fulfill the Sergeant -at -Arms duties in the event the Chief of Police is unable to fulfill that duty. Results of a "No" Vote. If this measure does not pass, the existing charter language will remain in place which does not allow for anyone other than the Chief of Police to act as Sergeant -at -Arms at City Council meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: Annotated to show deletions and additions to the Ashland M Lin iCi Pat Code sections being modified, Deletions are bold IiAed thFoug , and additions are bold uinderlined. SECTION 1. The City Council submits to the qualified voters of the City of Ashland the question of approving or rejecting an amendment to Article XIV of the Ashland City Charter AS FOLLOWS: Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the same manner and to the same effect as required of constables under the statutes of this State. He/she shall, within the County of Jackson, arrest any and all persons guilty lof any breach of the peace committed in his/her presence, and take them before the judge of the City Court, or some Justice of the Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by virtue of his/her office be Chief of such force. Section 2. The Chief of Police, or his/her designee, shall attend all meetings of the City Council, and perform the duties of the Sergeant -at -Arms of that body, watch over, care for and preserve all the City property and good morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal from office by the City Council. Section 2. Referral. This resolution is referred to the electors of the city of Ashland for approval at the Special Election in Jackson County, set to occur on ADOPTED by the City Council this ATTEST: SIGNED and APPROVED this Alissa Kolodzinski, City Recorder Reviewed as to form: Douglas M McGeary, Acting City Attorney day of _, 2023. day of 12023, Tonya Graham, Mayor