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Council Communication
Title: Charter Review and Update
Dept: Administration
Date: March 17, 2004 Council Study Session
Submitted By: Ann Seltzer, Management Analyst
Approved By: Gino Grimaldi, City Administrator
Synopsis:
At the regular council meeting on February 17, council directed staff to schedule a study session to
discuss a charter review. Council requested that a representative from the League of Oregon Cities
(LOC) with experience in charter review and updates be invited to attend the study session and make a
presentation.
Sandra Arp, is a codification consultant with the American Legal Publishing Corporation. The LOC has
entered into a partnership with American Legal Publishing Company to offer cities assistance in
revising, amending and compiling their ordinances, or to codify them into a published code in book
form. This service also includes a legal review for compliance of ordinances with state/federal laws and
review of the city's charter.
Sandra will address why cities and counties review and update their charters, the make-up of charter
review committees, the various scopes of a charter review and update and how a consultant might assist
in the process.
Recommendation:
This session is for informational and discussion purposes.
Should council decide to move forward with a charter review, council should direct staff to draft a
document defining the charge and make up of the committee and submit to council for final approval.
Fiscal Impact:
There is no fiscal impact at this time.
Background:
The current Charter of the City of Ashland was reviewed and amended in 1970. Voters approved the
proposed amendments in 1972.
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.
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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.
The scope of a charter review can range from a full review of the existing charter by examining it line by
line to a section specific review. Some cities opt to start with a sample or model charter that already
reflects the current times and is legally in compliance and then add sections to it from their existing
charter. Other cities opt to edit from the existing charter and add sections from a sample charter.
The only community similar in size to Ashland that has recently undertaken a major charter review
process in Oregon is Eugene. Information from the League of Oregon Cities (LOC) indicates that only a
few cities in Oregon in the recent past have undertaken major charter review processes, Rogue River,
Sisters and Eugene.
Multnomah County is currently in the charter review process. The Benton County Charter requires that
the charter be reviewed and updated every two years and has standing Charter Review Committee.
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.
There are a number of steps involved with updating a charter and a number of tools available to assist
those involved in the process.
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. It is critical that this
committee is viewed by the community as impartial, unbiased and free of any perceived political gain.
As such a Charter Review Committee generally does not include elected officials, though occasionally
persons who previously served in an elected capacity sit on the committee though only in a citizen role
not as a political figure. The committee is responsible for the content of the charter. The committee
would present recommended changes to the council.
4) Hire a consultant with experience in charter drafting, legal review and evaluation. Evaluate the
existing charter to determine needed changes, deletions or additions. The consultant drafts changes to
the charter based on input from the Charter Review Committee and eventually drafts the ballot title. This
person is responsible for the form and language of the charter not the content of the document.
5) Council reviews and deliberates on recommended amendment(s) from the Charter Review Committee
and then decides what should be placed on the ballot.
Timeline:
The item itself is not time-sensitive. However, a revision of the charter must be placed before
the voters of the City of Ashland and therefore there is a need at some point to be cognizant of the
election time lines.
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