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HomeMy WebLinkAbout2024-23 Proposed Amendment to Article 3, Article 6A, and Article 15 of the AMCRESOLUTION NO.2024-23 A RESOLUTION OF THE CITY OF ASHLAND SUBMITTING TO THE VOTERS AT THE NOVEMBER 5, 2024 ELECTION A PROPOSED AMENDMENT TO ARTICLE III, ARTICLE VIA, ARTICLE XIII, AND ARTICLE XV OF THE ASHLAND CITY CHARTER 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 remove the Municipal Judge as an elected officer and, instead, for the Municipal Judge to be by appointment of the Mayor, with the confirmation of Council. SECTION 2. The City Council refers this question to the ballot of November 5, 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 81 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 on November 5, 2024. This resolution is effective upon signing by the mayor. ADOPTED by the City Council this 6th day of August 2024. ATTEST: IGNED and APPROVED this day of 4, 2024, Art A issa X010Yzinski, City Recorder To ya Graham, Mayor Reviewed as to form: armel Zahra Assistant City Attorney EXHIBIT A (Ballot Title) Ballot Title: Ashland Charter Amendment: Municipal Judge as an Appointive Officer Question: Shall the City Charter remove the Municipal Judge as an elected position and have it appointed by Mayor and Council? A "Yes" vote for this measure amends the City Charter to allow for the Mayor, with the confirmation of Council, to appoint an individual with the appropriate experience, skills, and temperament to fill the Municipal Judge position, as well as remove compensation for the Municipal Judge from the City Charter schedule. A "No" vote for this measure maintains the existing language in the City Charter which, outside of being a member of the Oregon State Bar, provides no further selection criteria for being the elected Municipal Judge. A "No" vote will maintain the salary for the position that was initially established to be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland. (Explanatory Statement) Chief considerations for the job of being a Municipal Judge include ensuring fair, impartial, and equal access to justice, maintaining courtroom decorum, and effectively interpreting and applying the law. Outside of admittance to the Oregon State Bar, the Charter provides no additional qualifications or application criteria to be the elected Municipal Judge. The amendment will also change the Municipal Judge from an elected position to an appointive position and remove the Municipal Judge's compensation from the Charter schedule. Currently, the salary for the Municipal Judge was initially established to be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the average salary adjustment of the other supervisory employees and department heads of the City of Ashland, without a connection to workload. If the amendment passes, the Municipal Judge will be appointed by the Mayor, with the confirmation of Council, and compensation for the Municipal Judge position will fall within standard payment schedules, as suggested by the Human Resources department. EXHIBIT B The following amendments are proposed to the Ashland City Charter. Only these articles and sections as delineated herein are amended by this Resolution. Except for otherwise proposed amendments to the Charter by separate resolution and Ballot Title, all other language in the Charter shall be unchanged. Annotated to show deletions and additionsto the Ashland Municipal Code sections being modified. Deletions are held iff *h�^••^�, and additions are bold underlined. PART 1 ARTICLE III Elective Officers Section 1. Elective Officers. The elective officers of the City shall be: a Mayor, six (6) Council Members, and five (5) Park Commissioners and a Munieipall judge. Section 2. Qualifications. All elective officers exeept the Munieipal judge shall be residents and qualified voters in the City. Section 3. Salaries. Any change in the amount of the present compensation received by elective officers, exeept for the Munieipal itidge, shall be submitted to the vote of the people. he Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60) days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the Council. A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon appointment and shall continue until a successor, elected at the next biennial election, takes office for the unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be expelled without notice and a hearing by the Council. Section 5. Term The term of all elective officers shall begin the first day of January following their election. Section 6. Interest in City Contracts During the term of office, no elective officer shall violate any provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. PART 2: ARTICLE VI A Seetion , Term. At the 4.:,,.,nial held in 4978fourth ,. ' general election and zr�TT rvu. y�... thereafter-, judge be for a term of fotir (4) years. a shall eleeted PART 3: ARTICLE XIII, APPOINTIVE OFFICERS ARTICLE XIII — APPOINTIVE OFFICERS Section 1. Appointive Officers. The Mayor, with the confirmation by the Council, shall appoint a City Manager, a City Attorney, a Municipal Judge(s), and such other officers as the Council deems necessary. The Council may combine any two or more appointive offices. PART 4: ARTICLE XV — COURT ARTICLE XV COURT Section 1. Court. A court is hereby created in the City of Ashland, Oregon, to be known as the Municipal Court. The court shall be open for the transaction of judicial business at regular times specified by the Council. All area within the City shall be within the territorial jurisdiction of the court. When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the State governing District Courts. Section 2. The Municipal Judge shall be the judicial officer of the City. He/she shall exercise original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter of the City and all other offenses made punishable by State law over which the City is given concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an offense against the ordinances and Charter of the City, to commit any such person to jail or admit him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City Council. Section 3. Jury. A defendant may have a jury of six (6) members by demanding the same. Any jury chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court and shall have the qualifications of such jurors resident within the corporate limits of said City. Section 4. Fines, Fees, Costs and Cash Bail. The City Council shall provide for the collection of all Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.