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HomeMy WebLinkAboutLetter to charter review consul May 25, 2004 Tom Sponsler Berry, Elsnor & Hannon, LLP 1750 SW Harbor Way, Suite 380 Portland, OR 97201 Dear Mr. Sponsler: The Ashland City Council recently adopted a resolution creating a committee to review and update the Ashland City Charter. The council recognizes that the Charter Review Committee needs assistance from someone who has extensive experience in assisting jurisdictions in reviewing and updating charters particularly from a legal and practical perspective. Your name has been put forward as someone with this type of experience. The committee is being formed at this time. Once formed, the committee will determine whether it will use the model charter and add elements from the existing charter or if it will retain the structure of the existing charter and make changes to it. In addition, the committee will set a timeline to complete the project and a meeting schedule. I am writing to ask if you would be interested in participating in this project as a consultant. If so, please respond to me with a letter of interest and include your anticipated fees and services based on the attached document, Expectations of the Charter Review and Revision Consultant, a sense of your availability over the next several months and background information as it relates to city charter reviews. In addition, please comment on your experience and participation in any public involvement processes in regards to a charter review. If you have any questions, please feel free to call me at 541-552-2106. Sincerely, Ann J. Seltzer, Management Analyst Enclosures ? Expectations of Charter Review and Revision Consultant ? Resolution 2004-10 ? Expectations of Charter Review Committee ? Citizen Participation Plan ? Ashland City Charter CITY HALL Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 1 Expectations of the Charter Review and Revision Consultant The consultant engaged to assist the charter review committee will: ? Provide an educational presentation to the committee and the community on the importance of a charter review and update, how a consultant helps in the process and the various methods of approaching a review. ? Review the existing charter and identify needed changes and updates ? Perform legal review of current charter provisions ? Compare 2004 League of Oregon Cities (LOC) model charter for updated charter provisions ? Attend the first meeting of the charter review committee to consult about the role and function of a charter, discuss the project goals and expectations and agree on a process and timeline and present the legal review of the current charter ? Provide general basic provisions for review ? Prepare and explain substantive provisions for consideration ? Attend a second meeting in Ashland with the charter review committee, half way through the process ? Draft alternative political provisions for discussions and consideration ? Distribute draft charter and discuss at a meeting in Ashland ? Revise draft charter based on input from the committee ? Prepare a final version of the new charter for council review/approval ? Prepare a ballot title and explanatory statement ? Attend a final meeting in Ashland for presentation to the City Council The above list requires the consultant to attend three meetings in Ashland with the committee plus a presentation to the committee and community, however additional meeting attendance may be necessary. The City of Ashland will: ? Exercise overall administrative responsibility for the project ? Provide all organizational and staff support for charter review committee, ? Act as a liaison for the charter review committee and council ? Arrange for publication and distribution of drafts and final charter or amendments ? Provide final materials to the county clerk CITY HALL Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 2 RESOLUTION NO. 2004-10 A RESOLUTION CREATING THE CHARTER REVIEW COMMITTEE. Recitals: A. The City of Ashland Charter was last reviewed and amended in 1970. B. A 2004-05 goal of the city council is to "complete a charter review and update". C. The City Council has determined that it wishes to form a Charter Review Committee to evaluate the existing charter and to determine if the charter should be updated or changed. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A Charter Review Committee is created which shall consist of nine voting members and one alternate, non-voting member, all of whom shall reside within the City of Ashland and who shall be appointed by the mayor and confirmed by the council. Two members of the committee shall be former elected city officials and seven shall be selected at large. No member shall be appointed who currently holds an elected position for the City of Ashland. The mayor and council shall make every effort to appoint members who are impartial, non-biased and free of any perceived political gain and have some expertise and knowledge of the workings of local government. SECTION 2. If the committee determines changes to the charter are warranted, it shall prepare a draft charter or draft amendments to the existing charter for the City of Ashland for review by the council for placement on the ballot for the voters of Ashland. SECTION 3. The committee shall be subject to, and shall follow, to the greatest extent feasible, the attached document entitled “Expectations of the Charter Review Committee.” SECTION 4. The committee shall terminate at the time a new charter or charter amendments are voted on by the people of Ashland, unless the committee determines changes are not warranted. In such case the committee shall terminate when it makes such report to the city council. SECTION 5. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this _____ day of ________________, 2004. _____________________________ Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2004. ___________________ Alan W. DeBoer, Mayor Reviewed as to form: ____________________ Paul Nolte, City Attorney CITY HALL Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 3 Expectations of the Charter Review Committee "Membership on a charter review committee is accepting responsibility for leadership in the most important single civic effort that any community can undertake. The duty of leadership is to find the highest attainable level of improvement, not just a token advance. Statesmanlike compromise is simply a means to this end." Guide for Charter Commission, National League of Cities Purpose and Overview The primary function of the charter review committee is to review the existing charter to determine if it will adequately serve the community well into the future. If necessary, the committee is to prepare a draft charter for the City of Ashland. The proposed charter will ultimately be reviewed by the city council for placement on the ballot for the voters of Ashland. The committee must be impartial, non-biased, and free of any perceived political gain and may approach the task in whatever means results in a document that best serves the citizens of Ashland. In addition to adhering to the Oregon Public Meetings law, the committee will strive to include the community beyond the requirements of the law. The council encourages the committee to seek opportunities to educate the community about the process and purpose of a charter review, the importance of a city charter and to solicit community input. It is the council's experience that undertakings of this scope are best achieved within a set timeline during which committee members are focused on achieving the task in a timely manner. Stretching a task over a period of many months can result in a committee that loses focus, interest and drive and a drop in attendance. As such, the council requests that the committee develop a timeline so that the proposed amendments can be placed on the earliest possible ballot. The city will engage the services of a consultant with expertise in charter reviews and revisions that will assist the committee as detailed in the attached Expectations of the Charter Review and Revision Consultant. Membership The committee will be comprised of nine voting members: two former elected city officials, and seven other citizens. An alternate committee member will also be selected and will serve as a non-voting member. Should a member of the committee be unable to fulfill duties, the alternate will assume the role of the voting member. The city attorney will attend all meetings and will act in an advisory role and a current city employee will staff the committee. CITY HALL Tel: 541-488-6002 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 4