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Council Communication
Title: Charter Review and Update
Dept: Administration
Date: April 20, 2004
Submitted By: Ann Seltzer, Management Analyst
Approved By: Gino Grimaldi, City Administrator
Synopsis:
At the regular council meeting on April 17 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.
No consensus was reached and no direction given to staff.
Recommendation:
No recommendation.
There are several key issues regarding the charter review and the charter review committee. Due to the fact
that many council members were unable to attend the study session regarding the charter review, additional
discussion of these key issues is recommended.
Suggested Discussion Points:
1) How important is it that a revised charter or amendments be ready in time for the November elections?
2) Does the public input process need to be determined at this point even before committee
recruitment/appointments?
3) Which results in the strongest pool of committee candidates: a general invitation with an application and
interview process or council submitting recommendations to the Mayor for consideration?
Should the council approve the attached resolution and draft Expectations of the Charter Review Committee,
an advertisement will be placed in the local newspapers and on the city's web site inviting citizens to apply to
serve on the committee. The proposed timeline allows for the advertisement for committee members,
appointment of members by the Mayor and council approval at the May 4 meeting.
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. The proposed timeline allows for a consultant to review the existing
charter and identify changes, if any, prior to the first committee meeting in May.
Fiscal Impact:
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It is anticipated that contracting with a charter review specialist to assist the committee will cost between
$5,000 and $10,000.
Background:
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.
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.
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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. Draft resolution appointing a charter review committee.
II. Draft expectation of the charter review committee
III. Expectations of charter review consultant
IV Proposed timeline
V Ashland City Charter
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