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Council Communication
Title: Charter Review and Update
Dept: Administration
Date: May 4, 2004
Submitted By: Ann Seltzer, Management Analyst
Approved By: Gino Grimaldi, City Administrator
Synopsis:
At the regular council meeting on April 20, the council discussed the charter review and update from
four perspectives and with varying viewpoints including the timeline, committee member appointments,
extent of review and public input process.
Some of the issues raised included the need for an educational component for both the committee and
the public, whether it was still possible to have a document ready for the November election, how to
recruit committee members and more.
Due to the lateness of the meeting, council was unable to complete its discussion of the points listed
below and did not reach a consensus on how to proceed. No direction was given to staff.
Recommendation:
Additional discussion of these key issues is recommended.
Suggested Discussion Points:
1) Public input is a critical element to the review of the charter. Should public input be expanded beyond
hearing public testimony at each meeting? Included in this packet is the Citizen Participation Plan which
was adopted by the council in 2001 and serves as a guide for designing and implementing a public input
process. Does this plan adequately serve as a guide for the public input process?
2) Appointment of the committee. The draft resolution creating the committee states the "no member shall
be appointed who currently holds an elected position for the City of Ashland. The mayor and the council
shall make every effort to appoint members who are impartial, non-biased and free of any perceived political
gain and have some expertise in the knowledge of local government." How will it be determined if
applicants are impartial, non-biased and free of any perceived political gain? Would a formal interview
process with set questions be useful?
3) Timeline/Meeting Frequency. The draft timeline calls for weekly meetings of the committee and includes
the expectation that work will be completed in time to place a revised charter or amendments to the charter
on the November ballot. How important is it that a revised charter or amendments be ready in time for the
November elections? How important is it that the committee begin and complete their work within a specific
?
timeframe? (Deadline to submit information to the county for March 2005 election is early Januaryeight
?
months from now and the deadline for May 2005 is early March10 months from now.)
4) Extent of Review The draft resolution and expectations of the charter review committee set in motion a
comprehensive review of the charter without limitations. Should the city council wish to place any
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limitations on the committee or have one or more reports back to the city council during the review, it would
be appropriate to provide that direction at this time. How important is it that the Charter Review Committee
be free of limitations? How might limitations placed on the committee be viewed by the community?
Should the council approve the attached resolution and draft Expectations of the Charter Review Committee
staff will begin the process to form a committee based on direction from council.
Should the council approve the Expectations of the Charter Review and Revision Consultant staff will
contact the three "Oregon experts" identified during the study session and invite them to submit a proposal
based on the attached expectations.
Fiscal Impact:
It is anticipated that contracting with a charter review specialist to assist the committee will cost between
$5,000 and $10,000. If a city holds a special election on a date other than the primary election or general
election it bears the expense of the election. Ashland's cost for the May 2003 election was $3,400 to include
the Youth Activities Levy on the ballot.
Background:
At the council study session on Wednesday, March 17, Sandra Arp, formally with the League of Oregon
Cities, spoke to the council about charter reviews and charter review committees and her experience in the
field. Sandra has assisted forty cities in Oregon with charter reviews and revisions.
Council directed staff to proceed with a draft of the charge of the charter review committee, the process and
the timeline and to engage the services of a consultant to review the existing charter.
Attached is a draft of the charge of the charter review committee, the expectations of the consultant and a
suggested timeline for the committee in order to meet the deadline for inclusion on the November ballot.
At the regular council meeting on February 17, the council requested that an expert in charter review and
revisions be invited to attend and present at a council study session.
Sandra Arp, charter review specialist, formally with the League of Oregon Cities, spoke to the council about
the importance of a charter review and update, a charter review committee and make-up and how a specialist
can assist in the process.
Ms. Arp explained that a city charter should grant powers in a broad general sense, should not include
specifics, which are best placed in city code, and that a charter be examined from three perspectives: from a
legal standpoint, from a practical standpoint, and from a political standpoint. It is critical that the committee
has a strong chair and that members have some expertise and knowledge of the workings of local
government.
Ms. Arp stressed that a charter review committee should approach the charter review and charter revisions
looking towards the future and not at the present. She noted that the current charter was amended and
adopted in the early 1970s and that a review and revision is in order.
In addition to Ms. Arp there are two other Oregonians with experience in charter reviews and revisions: Tom
Sponsler and Tim Sercombe.
The current Charter of the City of Ashland was reviewed and amended in 1970. Voters approved the
proposed amendments in 1972.
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Cities and counties update their charters for a variety of reasons: to clarify lines of authority, to clarify
confusing language, to improve the efficiency and cost effectiveness of government, to eliminate obsolete,
conflicting and ambiguous provisions. Some charters specify that the document is reviewed on a regular
timeline, other charters do not; some specify the make up of a charter review committee others do not.
Because the needs of communities change, and State and Federal laws change, it is important that a charter
be updated periodically and reflect the current times. Sometimes communities choose to adopt an entirely
new charter and include elements of the original.
A city charter is viewed as a city constitution. For this reason, city powers are generally stated in broad,
general comprehensive terms. The charter should deal only with the basic, broad fundamentals of city
government. It should be as concise as possible and adaptable to changing conditions to avoid the need for
frequent amendment.
A charter can only be amended by a vote of the people. Generally charter amendments are referred to a vote
by the Council but amendments can also be proposed by initiative petition.
Should the council decide to proceed, the following basic steps should occur.
1) A motion and vote of the council to create a citizen committee to undertake a review of the Ashland City
Charter.
2) Define the charge and make up of the committee.
3) Appoint a Charter Review Committee of no more than seven or ten people.
4) Hire a consultant with experience in charter drafting, legal review and evaluation to assist the committee.
5) Council reviews and deliberates on recommendations from the Charter Review Committee and then
decides what to place on the ballot.
Attachments:
I. Memo from Cate Hartzell
II. Citizen Participation Plan
III Draft resolution
IV Draft Expectations of Charter Review Committee
V Draft Expectations of Charter Review Consultant
VI Ashland City Charter
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