HomeMy WebLinkAbout11/05/1996 PAMPHLETMEASURE ARGUMENT FOR COUNTY VOTERS' PAMPHLET
Name of person Responsible for Content: David W. Fadden,
Chief Petitioner/Treasurer
Name of Organization Person Represents, if any: N/A
Ballot Caption Title: "Amends City Charter, Creates Elected Five Person City
Utility Commission."
Measure Number: 15-50 Argument For (X)
VOTE YES ON MEASURE 15-50
ASHLAND NEEDS A CITIZEN-ELECTED UTILITY COMMISSION
IT'S YOUR TOWN AND IT'S YOUR MONEY!
CONCERNING THE FIVE ELECTED COMMISSIONERS:
They will not be paid.
They will work only and directly for you.
They will be answerable to you at public meetings.
They will not have any powers to govern or make city policy decisions.
They will not interfere with the governing powers of Elected Officials.
They will provide opportunities for citizen government participation.
They will be a citizen-friendly source of public information.
They will provide information to citizens, the Mayor, and City Council.
QUESTIONS AND ANSWERS
Q. Could City officials use commission information to make money saving
decisions?
A. Yes. The commissioners could choose to undertake City government
assignments.
Q. How many thousands of dollars has our city paid to "outside
consultants"?
A. Many, many of thousands. This commission could perform cost
efficiency audits, operational cost studies, and citizen surveys; thereby
saving considerable "outside consultant" costs.
Q. won't the commissioners require additional City staff time, therefore
increasing City costs?
A. No. The commission could actually cut the City Staff's work load by
consolidating citizen requested information. The commissioners will want to
do their own personal research of city records and operations.
Q. What about the charges that the commission duplicates what City
Officials are already doing?
A. Requests have been made for reports on city cost efficiency studies,
alternative service cost comparisons, and zero-based budgeting audits.
Apparently no reports are available.
Q. What about the charge that the commission will be a "parallel
government"?
A. Nonsense. How can citizens elect their own "parallel government"?
Doesn't Ashland have a democratic form of government?
Q. Why would City Officials, or anyone be opposed to this measure?
A. That's a very good question, why don't you ask them?
SIGNATURE OF PERSON RESPONSIBLE FOR TRE CONTENT OF THE MEASURE ARGUMENT DATE
CERTIFIED BALLOT TITLE AS PREPARED BY CITY ATTORNEY
CAPTION: "Amends City Charter, Creates Elected Five Person City
Utility Commission."
QUESTION: "Shall Charter be Amended to Create an Elected Five
Person Commission to Analyze City Utilities, Services and Rates?"
SUMMARY: "This measure provides for the election of a five member
City Utility Commission. The commission would publicly analyze
city utility services and rates, the cost to supply utilities and
the cost paid by citizens for utility services. The commission
would perform utility operational and financial audits and
studies. All city departments and appointed officials would be
required to cooperate with the commission. The findings and
suggestions of the commission would be made public and forwarded
to the city council for action."
ACTUAL CITY CHARTER ENDMENT #15-50
ARTICLE VI-C.
City Utility C0[]issi0n, (C.U.C.):
Section 1. Term. The five (5) members shall be elected at the
next scheduled Mail-in election held in 1997, and every fourth
year thereafter, and shall be elected for a term of four (4)
years.
Section 2. Powers and Duties. The City Utility Commission's
(C.U.C.) primary concern and service to Ashland's citizens shall
be; to publicly analyze the structuring of all City utility
services and their rates, the City's cost to supply those
utilities to the citizens, the costs paid by citizens for those
utility services, and the City's assignment and application of its
utility rates and charges to all of its customers. The C.U.C.
shall be available to assist citizens with their utility billing
inquires and will be available for other commissions or
committees.
All of the C.U.C. 's findings and suggestions shall be made
public and forwarded to the City Council for their action. The
Mayor and City Council shall retain their full Chartered powers.
No new City Ordinance shall be passed by the City Council that
would hinder or restrict the authority and purpose of the C.U.C..
a. The C.U.C. shall have the independent authority to perform
City utility operational and financial audits and studies.
b. All City utility departments, their appointed officials,
and supporting services, shall fully cooperate with the C.U.C. by
promptly supplying all requested information.
c. The C.U.C. shall conduct monthly open public meetings, so
as to encourage citizen"s input and to discuss the C.UoC. 's
findings.
David %~. Fadden, Chief Petitioner/Treasurer, 326 N. Mstn St., Ashland, Or. 97520
MEASURE ARG ENT FOR COUNTY VOTERS' PAMPHLET
Name of person Responsible for Content: David W. Fadden,
Chief Petitioner/Treasurer
Name of Organization Person Represents, if any: N/A
Ballot Caption Title: "Amends City Charter, Creates Elected Five Person City
Cost Commission."
Measure Number: 15-51 Argument For (X)
VOTE YES ON MEASURE 15-51
ASHLAND NEEDS A CITIZEN-ELECTED COST COMMISSION
IT'S YOUR TOWN AND IT'S YOUR MONEY!
CONCERNING THE FIVE ELECTED COMMISSIONERS:
They will not be paid.
They will work only and directly for you.
They will be answerable to you at public meetings.
They will not have any powers to govern or make city policy decisions.
They will not interfere with the governing powers of Elected Officials.
They will provide opportunities for citizen government participation.
They will be a citizen-friendly source of public information.
They will provide information to citizens, the Mayor, and City Council.
QUESTIONS AND ANSWERS
Q. Could City officials use commission information to make money saving
decisions?
A. Yes. The commissioners could choose to undertake City government
assignments.
Q. How many thousands of dollars has our city paid to "outside
consultants"?
A. Many, many of thousands. This commission could perform cost
efficiency audits, operational cost studies, and citizen surveys; thereby
saving considerable "outside consultant" costs.
Q. won't the commissioners require additional City staff time, therefore
increasing City costs?
A. No. The commission could actually cut the City Staff's work load by
consolidating citizen requested information. The commissioners will want to
do their own personal research of city records and operations.
Q. What about the charges that the commission duplicates what City
Officials are already doing?
A. Requests have been made for reports on city cost efficiency studies,
alternative service cost comparisons, and zero-based budgeting audits.
Apparently no reports are available.
Q. What about the charge that the commission will be a "parallel
government"?
A. Nonsense. How can citizens elect their own "parallel government"?
Doesn't Ashland have a democratic form of government?
Q. Why would City Officials, or anyone be opposed to this measure?
A. That's a very good question, why don't you ask them?
SIGNATURE OF PERSON RESPONSIBLE FOR THE CONTENT OF THE MEASURE ARGUMENT DATE
CERTIFIED BALLOT TITLE AS PREPARED BY CITY ATTORNEY
CAPTION: "Amends City Charter, Creates Elected Five Person City
Cost Commission."
QUESTION: "Shall Charter be Amended to Create an Elected Five
Person Commission to Analyze the Efficiency and Cost of City
Departments?"
SUMMARY: "This measure provides for the election of a five member
commission to be known as the City Cost Commission. This
commission would publicly analyze the efficiency and costs of the
city's departments and their supporting functions. The commission
would have the authority to perform operational and financial
audits. All city departments and appointed officials would be
required to cooperate with the commission by promptly supplying
all information requested by the commission. Findings and
suggestions of the commission would be forwarded to the city
council."
ACTUAL CITY CHARTER AMENDMENT #15-51
ARTICLE VI-B.
.City Cost C0 issi0n, (C.C.C.I:
Section 1. Term. The five (5) members shall be elected at the
next scheduled Mail-in election held in 1997, and every fourth
year thereafter, and shall be elected for a term of four (4)
years.
Section 2. Powers and Duties. The City Cost Commission's
(C.C.C.), primary concern and service to Ashland's citizens shall
be to publicly analyze the efficiency and all costs related to
operating the City's departments and their supporting functions.
All of the C.C.C. 's findings and suggestions shall be made
public and forwarded to the City Council for their action. The
Mayor and City Council shall retain their full Chartered powers.
No new City Ordinance shall be passed by the City Council that
would hinder or restrict the authority and purpose of the C.C.C..
a. The C.C.C. shall have the independent authority to perform
City operational and financial audits.
b. All City Departments and appointed City officials, shall
fully cooperate with the C.C.C. by promptly supplying all
requested information.
c. The C.C.C. shall study the possibility of cost savings from
alternative services and through the reorganization of the City's
existing operations.
d. The C.C.C. shall conduct monthly open public meetings, so
as to encourage citizen's input and to discuss the C.C.C.'s
findings.
David W. Faddan, Chief Patltio~sr/?ress~rar, 326 N. Main St., Ashland, Or. 97520
ARGUMENT IN FAVOR OF MEASURE 15-51
Vote YES on Measure 15-5! BECAUSE DEMOCRACY DEFENDS ON
INFORMED VOTEI{$. Through Ih;.~ cb~ ~c~' a~c~xdn~e~a., Ihc: city government and
and ff~ govern~ are the basis of democracy. Without trust and accountability the system
thils. IL may cnntinue to ff~nction on the Suff~e, but it is no longer democratic. l*'{$eal
accot~ata~ility is the keystone o{' Our democrati~ system.
* CITiZEN ELECTED COMMISSIONS HAVE PRECEDENT THROUGHOUT
THE NATION including Portland Metro and Palo Alto. These commissions save their
cities millions of dollars in taxpayers' money. /
* FULL DISCLOSURE OF THE CITY'S FINANCIAL TRANSACTIONS THAT
DIRECTLY INVOLVE CITIZENS IS NECESSARY TO INSURE
ACCOUNTABILITY TO THE PEOPLE. The citizens of Ashland live under a locally
established code that allows one accounting firm, appointed by the city administrator and
approved by council to perform the only cost audit on municipal operations. This practice
is risky and implies control from top management and too easily invites fiscal obfuscation.
Full financial disclosure is mandated under ORS IO2.420, the State of Oregon's Attorney
General's Public Records and Meetings Manual, October 1985.
* THE FORMATION OF A CITY COST COM._M_ISSION ELECTED BY//I'HE
CITIZENS OF ASHLAND CAN MEET THE NEED FOR FULL FINANCIAL
DISCLOSURE TO THE CITIZENS iT REPRESENTS. The initiative amends the city
charter to empower five elected citizens who will make public all information pertinent to
the financial transactions of the City of Aslxland. x,
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(This inJbrmation provided by.loe Eckhardt, member, Tl:e Citizens Right To Know Commillee,)
[O'd ~S:95 96, 6$ d~s 889£-CS~-$PS:xe3 $9NIOI± AqlUO OF~d'IHSH
September 7, 1996
To our esteemed Ashland Mayor, City Council, and City Recorder:
I would request the Mayor and City Council reconsider their
August 14, 1996 decision, which revised City measure's #15-50 and
15-51 commissioner's election dates, from 1997 to 1998. I contend,
that the election dates of 1997 should remain as written and
approved.
Details of my election date conclusions and my concerns for
our City's Democratic governing, are contained within pages 1-6 of
the accompanying letter.
I request that the City Council's change of election date
decision be placed on the next possible City Council meeting
agenda.
I request that this entire cover letter be read by the Mayor
as part of the public record and then openly discussed by the City
Council and the public.
THE A,B,C QUICK STUDY
(underlining added for emphasis)
A. Oregon State Constitution, Section 14 a., Time of holding
elections in incorporated cities and towns.
"Incorporated cities and towns shall hold their nominating and
regular elections for theirsseveral elective officers at the same
time that the primary general biennial elections for State and
county officers are held..."
B. The City of Ashland's Charter, Article III, Section 1., lists
Ashland's several elective officers as follows:
"Section 1. Elective Officers. The elective officers of the
City shall be: a Mayor, Recorder, six (6) Council Members, five (5)
Park Commissioners, and a Municipal Judge.
(Charter amendment 5-23-78)"
C. According to Ashland's City Attorney's two Initiative Petition
memorandum foot notes, written on May 7, 1996, to Ashland's City
Recorder, "...The measure does not amend Article III, section 1..."
THE 1,2,3 CONCLUSION
1. Therefore, the two commissioner groups, of the City Measures
#15-50 and 15-51, will not be listed as Elective Officers within
Ashland's City Charter, Article III, Section 1.
2. Therefore, Section 14 a. of the State Constitution should not
regulate the election dates of the measure's two groups of elected
commissioners, as the commissioners will not be listed as Ashland
Elective Officers in Ashland's City Charter.
3. Therefore, the measure's two sets of commissioners should be
elected in 1997, as was approved.
If the Mayor and City Council should reevaluate their August
14, 1996 decision, which changed the approved 1997 election date to
1998; a public statement of their correction should be made at the
next City Council meeting and printed correction notices should be
published in the local newspapers.
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
488-0025
To Ashland's Mayor, City Council, Et AI.:
September 7, 1996
For Your Reply And Action:
When Ashland's elected and appointed officials take actions
effecting citizen's Constitutional rights; they should initiate
open public investigations with a maximum of citizen input. All
sides of such issues should be equally reported on by our local
newspapers.
All of this should be accomplished, prior to our elected City
Officials taking any formal positions or making any decisions.
Elected Officials who do not undertake such an open process could
be considered to be dictatorial. This is the case of the joint,
Ashland City Council and City Budget Committee meeting, held on
August 1~, 1996.
During that meeting, City Ballot Measures, #15-50 & 15-51,
were alleged to be in violation of our State Constitution. That
declaration, sanctioned by our elected Officials, directly effects
the Constitutional votinq and ~rocess riqhts of Ashland's citizens.
In respect for the Democratic voting process and in personal
consideration of approximately 1500+ Ashland citizens who signed
both of the initiative petitions; the Mayor and City Council should
be required to hold televised, open public meetings, to discuss the
two City Measures. Concerned citizens would then have adequate time
to prepare their testimony and the issues could be heard and
discussed publicly. The open public agenda could include:
1. Discussion of City Official charges that the two approved
City ballot measures allegedly violate the State Constitution.
2. Discussions of why the City Council is officially opposing
the two approved City ballot measures.
3. Discussions of the City Council's plans to raise funds to
oppose the two approved City ballot measures.
Regarding the August 1996 Joint Meeting:
The outcome of the City Council/Budget Committee meeting, was
that the two approved City measures would be placed upon the
November 5, 1996 ballot. However, if passed by the voters, the
election of all commissioners wouldn't take place in 1997, as was
written and approved by the City Recorder, but rather in 1998.
The Mayor, City Council, and the City Budget Committee also
declared their personal unified opposition to the two approved City
measures and discussed their raising of funds in order to oppose
the two approved City measures.
To Our Este ed Elected Officials:
As a democratic attempt to present information refuting your
Constitution violation charges; I would ask you, to please consider
the following information as a part of your elected responsibility:
The two City Ballot Measures were reviewed by the Cit¥'s
Attorney and then officially approved, as written, for circulation
by the Cit¥'s Elections Official - Ashland's City Recorder.
The Officially a~roved wordinq for both measures reads: "The
five (5) members shall be elected at the next scheduled Mail-in
election held in 1997." This 1997 election date has been declared
an alleged violation of the State Constitution, by the very same
City Attorney who wrote the Measure's Captions, Questions, and
Summary for the voter's pamphlet and ballot. Since the City
Attorney is employed by you and is under your supervision; the
alleged Constitutional violation charges are your responsibility.
I would submit that the two commissions should be elected in
1997, as was approved by the City Recorder. The commissioners are
not to be considered "City Officers"; and therefore do not fall
under the alleged Constitutional violation.
In addition, it would appear that some actions taken by City
Officials raise serious questions. Some of their actions might be
of concern to County and State Officials. The "evidence" for the
1997 commissioner election date and the City governing concerns are
discussed below.
The 8/16/96 A,D.T. Article:
City Attorney, Mr.Nolte, said:
(underlining added for emphasis)
A. The first section of the initiative violates the State
Constitution.
B. The constitution requires that city officers be elected
during the primary and general elections of even-numbered years.
C. The first year the commission members could be voted on is
1998.
D. His office had not discovered the violation until after the
petition was filed and the signatures collected.
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E. There was nothinq the city attorney's office could do even
if it had noticed the error prior to gathering the signatures.
F. It is not the role of the city attorney to advise
petitioners in such matters.
City Recorder, Ms. Christensen, said:
(underlining added for emphasis)
She wasn't made aware of the constitutional violation until
just before the Wednesday meeting.
Mem0r~d~, dated May 7, 1996.
From Ashland's City Attorney to Ashland's City Recorder;
Foot notes on both memorandums:
"2. In addition, the petitioner states that the measure
provides that the 'commissioners would receive 'the same
compensation and benefits as all other elected officers currently
listed under Article III, Section 1; and they would be subject to
existing sections 2 through 4, & Section 6.' The measure as
submitted does not provide what the petitioner states and therefore
the statement of the petitioner is incorrect. The measure does not
amend Article III, section 1 nor does it provide for any
compensation to the newly elected commissioners."
The Ashland City Charter
Article III- Elective Officers
"Section 1. Elected Officers The elective officers of the
City shall be: a Mayor, Recorder, six (6) Council Members, five
(5) Park Commissioners and a Municipal Judge."
Conclusions Based Upon The City Attorney's M~0 & The City Charter:
Since Article III, Section 1, of Ashland's City charter is not
being amended by the two measures, and the commission members
therefore will not be listed as "Elected Officers" within the City
Charter; the commissioners would not be subject to any requirements
concerning "Elective Officers" under the State Constitution.
In addition, government officers are defined as people of
authority. That is, they have the power to command, act., etc..
As stated within both measures: "The Mayor and City Council shall
retain their full Chartered powers."
The two commissions will not govern anyone. The commissioners
will not have authority or Dower over anyone, nor will they
themselves have any power to command.
The two commissions will have City Chartered guarantees of
access to all allowable City information. Citizens now have those
same independent guarantees under The Freedom of Information Act.
Every citizen has the independent authority to use City
financial and operational information to perform audits; or they
can apply information any way they may choose. The results from
such applied information could then be passed along to the Mayor
and City council for any governmental action required. The
responsibility of enforcing the City Charter would continue to be
that of the Mayor, City Council, and the Chief of Police.
Follow-up City Issues and Governing Questions:
Since the City Attorney is employed by you, you are
responsible for his City actions. I ask you these questions:
1. Why didn't you require that the City Attorney be aware of
State Constitutional Laws that would effect the City. Of Ashland?
2. How, on what date, and by whom, did the City Attorney
discover the alleged Constitutional violations? Was such a
"discovery" ordered to be found; to be used to oppose the measures?
3. Why has the City Attorney's statement to the City Recorder,
dated May~, 1996; regarding Article III, Section 1 as not being
amended to include the two commission's members, been ignored?
4. Hasn't our Mayor (and rightfully so) affirmed on several
public occasions, that she and the City Council are also citizens?
Are they not elected by other citizens to serve all citizens which
would include themselves?
5. Concerning the City Attorney's statements in the Ashland
Daily Tiding's article, dated August 16, 1996, Statements, E & F:
Is our City Attorney saying, he would knowingly withhold
information concerning proposed citizen's actions that might
violate laws; legal information effecting citizen's Constitutional
rights?
6. Wouldn't the City Attorney be available for legal council
to the City Recorder - who is also a citizen? Would he refuse to
advise her too, thereby allowing her to be liable for legal errors?
7. Why wasn't the author and Chief Petitioner of these two
measures notified of the alleged "violations", prior to the August
15, 1996 meeting? Why wasn't he informed that City Officials were
4
going to discuss opposing the two City Measures?
8. Why do we have a City Attorney, if not to serve all the
Citizens of our City - elected or not?
9. What recourse does a citizen have, if City Officials appear
to have tampered and interfered with the constitutional voting
rights of its citizens?
10. To whom does a citizen turn, when his elected City
Officials refuse to address the citizen's complaints concerning
apparent constitutional violations?
SEOUENCE OF EVENTS ADDENDUM:
The following will show the complexity and the extensive
approval process, that a citizen must go through, to place a
measure on the ballot. It also shows the total involvement and
responsibilities of our City Attorney and City Recorder.
1. The first documented record of the petitioner submitting
the two written proposed City Charter Amendments. to the City
Recorder, was on ADril 29, 1996.
2. The Measure ballot Captions, Ouestions, and Explanations
were written bv the City Attorney and received by the City Recorder
on May 7, 1996.
3. The Public Notices were then published in The Ashland Daily
Tidings May 9, 1996.
4. The two petitions, as worded, were approved bv the City
Recorder, for their circulation, on May 15, 1996.
5. The two petitions, with their required number of
signatures, were turned into the City Recorder on July 15, 1996.
6. The required number of signatures were verified by the
County Elections Department.
7. Two city required election deposits of $200 each, were paid
and receipted by the city, on July 29, 1996.
8. The two City Measure numbers, (15-50 & 15-51), were then
assigned by the City Recorder.
9. The City Cou~ncil and the City Budget Committee held a joint
meeting on August 1~~, 1996 to discuss the two City ballot measures.
10. The Ashland Daily Tidings published their coverage of that
meeting, on August 16, 1996.
Note: The time elapse from the petitioning process on April
29, 1996 until the Auqust L~, 1996 City Council/Budget Committee
meeting was 108 days. Please note: As of this writing, I have not
been contacted, by the Mayor, City Council, or any of their
employees regarding the two City approved measures.
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
488-0025
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