HomeMy WebLinkAbout2005-0407 Public Forum
Agenda for the Charter Review Public Forum on Structure of Government
Thursday April 7, 2005 SOU Redmond Room
7:00 - 7:05 Assemble and Welcome by John Enders ,,/
7:05 - 7:15 Description of the evening's format by Carole Wheeldon V'
/
7:15 - 7:30 Presentation of 3 structure of government alternatives by Pam Marsh, Don Montgomery and
Carole Wheeldon
7:30 - 8:30 Discussion breakouts lead by community members. John, Laurie, Michael, Pam, Hal, Don will
scribe for groups.
Question - What characteristics should government embody in order to deliver effective public service?
Discussion Questions - Examine each of the three structure of government alternatives to determine which
supports or detracts from characteristics identified.
8:30 - 9: 10 Regroup for discussion group reports presented by community facilitators. Identify similar
themes.
9:10 - 9:20 Presentation of Council Election issues - Michael or Pam. Further discussion will happen at a
subsequent meeting on structure of government.
9:20 - 9:30 Final comments and adjourn
Please remember our next two meetings April 14th and 21st will be in the council chambers,
7:00 - 9:30. We will continue to take public input and deliberate to a recommendation on
structure of government.
City of Ashland
Charter Review Committee Public Forum
April 7, 2005 - SOU Redmond Room
OPENING DISCUSSION QUESTION: WHAT CHARACTERISTICS SHOULD
GOVERNMENT EMBODY IN ORDER TO EFFECTIVELY SERVE THE PUBLIC
INTEREST?
FOllOW UP DISCUSSION: HOW DOES EACH OF THE FOLLOWING
ALTERNATIVES SUPPORT OR DETRACT FROM THE DESIRED
CHARACTERISTICS OF GOVERNMENT?
BACKGROUNlD MATERIAL
TOPIC DISCUSSION: GOVERNMENT STRUCTURE
ISSUE STATEMENT:
Should the structure of the city government
remain as defined in the present city chartE!r, or
be changed?
EXISTING CHARTER lANGUAGE AND CODES:
Attachment I
Mayor: ARTICLE IV
Council: ARTICLE VIII
City Adlllinistrator: ARTICLE XIII
MUNICIPAL GODES:
Attachment II
Mayor and Council: AMC 2.04
City Adll1inistrator: AMC 2.28
ALTERNATIVE CHOICES:
Attachment III (shows a comparison- of the three alternatives listed below)
1. Retain the government structure as defined in the present city
charter (Status Quo).
Budae1;:
No Change.
Accountabilitv:
The Mayor and Council are accountable to the public as they are
elected by a vote of the people. Critics would argue that the dual
reporting possibilities Mayor, Administrator) for city emlployees can
create a confusing environment in terms of priorities and direction.
Proponents of this provision argue that it provides the Mayor with
additional administrative influence in support of his/her agenda.
Organizational Impacts:
Critics of the dual reporting provision argue that it creates a less
efficient function of city operations. Critics would also argue that not
providing the City Administrator with the authority to hire and
dismiss department heads and other officers establishes a
condition of responsibility without commensurate authority,
confusing the lines of authority and diminishing the leadership
possibilities for the City Administrator.
1. Pr10vide a government structure consistent with the Mode'l Charter
for Oregon Cities (Model).
Budget:
Little or no change with this alternative.
Accountabilitv:
As in alternative #1, the Mayor and Council are accountable to the
public as they are elected by the vote of the people. This alternative
provides for a City Manager as administrative head of he city,
reporting directly to the Council, with full responsibility for the
administrative functions and with broad hire and dismiss authority
on all city employees, thus establishing a condition of authority
commensurate with the responsibility. This eliminates any
confusion of city employees relative to priorities and direction.
Organizational Impacts:
This alternative reduces the power of the Mayor relative to
alternative #1, but establishes the Mayor as the political head of the
city government while placing additional responsibility with the
Council, thus allowing it additional influence in terms of policy and
goals. Critics of this provision argue that citizen influence through
the Mayor is diminished. Proponents would argue that the
elimination of the dual reporting provision found in alternative #1
provides for a more effective and efficient functioning of the city
administrative organization.
2. Prlovide a government structure with the framework of thE~ Model
Charter for Oregon Cities with provisions for a Mayor/Manager
partnership (Hybrid).
Budaet:
Little or no change in this alternative.
Accountabilitv:
VVould be the same as in alternative #2.
Oraani~~ationallmpacts:
This alternative establishes the Mayor as the political head of the
city government and a Mayor-Manager team arrangement, \vhich
""hile not providing the Mayor direct administrative power, but a
formal link to the Manager and the city administration. Moreover,
this alternative provides a somewhat balanced arrangement of
responsibilities and influence for the Mayor and Council. Ho'vvever,
additional influence is granted the Mayor by establishing a veto
authority and requiring that a Council override be by a
supermajority.
fJ7TAcfff!75/lJr JIL'
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
OF THE MA VOR
STATUS QUO
MODEL
HYBRID
ROLE . Is an elected official. . Is an elected official. · Is an elected official.
. Serves as executive officer of . Serves as the political head of · Serves as the politk;al head of
the municipal corporation. the city government. the city government.
. In concert with the Council,
develops a vision statement for
DUTIES the city.
. Presides over the Council . Presides over the Council · Presides over the Council
meetings. meetings. meetings.
. Prepares annual report to the
Council and citizen!: on the
state of the community.
· Organizes the Council by
assigning councilom to serve on
committees and assigns
matters to the committees.
. In association with the City
Manager, encouragl~ and
supports regional and
intergovernmental cooperation.
. Exercise careful supervision
over the general affairs of the
city and over appointive
officers.
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
\
OF THE MAYOR (Cont.)
STATUS QUO
MODEL
HYBRID
. In association with the City
DUTIES (C:ont.) Manager, promotes cooperation
among the Council, staff and
citizens in developing policies
and building a sense of
community.
· Appoints, with Council
confirmation, the City
APPOINTME:NTS Administrator and City Attorney.
. Appoints, with Council . Appoints, with consent of the . Appoints, with consent of the
confirmation, members of Council, members of Council, members of
committees and commissions. committees and commissions. committel~ and commissions.
· May directly appoint or dismiss
any subordinate city employee.
. May, with consent of the
Council, suspend and remove
any appointive offICer.
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
OF THE MAYOR (Cont)
STATUS QUO
MODEL
HYBRID
VOTE
. Votes on Council matters only . A voting member of the . Votes on Council matters only
in the event of a tie vote. Council. in the event of a tiEl vote.
. Has veto authority on measures · Has no veto authority. . Has veto authority ,on measures
VETO passed by the Council. passed by the Council.
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
OF THE CITY ADMINISTRATOR!
MANAGER STATUS QUO
MODEL
HYBRID
. Responsible for the general . Is the administrative head of the . Is the administrativE~ head of the
ROLE administrative coordination of city government. city government.
the city departments except the
Parks Department.
. Controls and manages the City
Administrator Department.
. Responsible to the Mayor and · Responsible to the Mayor and
Council for proper Council for proper
DUTIES administration of all city administration of all city
business. business.
· Assists Mayor and Council in . Assists Council in the
development of city policies. development of city policies.
· Carries out policies established . Carries out policies established
by ordinances and resolutions. by ordinances and I"esolutions.
. Prepares and administers the · Prepares and administers the
city budget city budget.
'Makes rules and regulations for · Organizes city departments and . Organizes city departments and
the conduct of the city administrative structures. administrative structures.
administrative departments. . Administers the city utilities and . Administers the city utilities and
property. property.
POWERS & DUTIES
OF THE cln' ADMIN/STRA TORI
MANAGER (Gont) STATUS QUO
STRUCTURE OF GOVERNMENT ALTERNATIVES
MODEL
HYBRID
. Delegates duties, but remains · DelegcJtes duties. but remains
DUTIES (Cont.) responsible fQr acts of al/ responsible for acts of al/
subordinates. subordinates.
. Encourages and supports . In conc:ert with the Mayor,
regional and intergovernmental encourages and suPPOrts
cOoperation. regional and intergovernmental
coopemtion.
. Promotes cooperation among . In association with the Mayor,
the Council, staff and citizens in promotEls cooperation among
developIng policies and building the Council, staff and citizens in
a sense of community. developing policies and building
a sense of community.
-
APPOINTMI::NTS . Directly appoint or dismiss any · Appoints, Supervises and · Appoints, supervises and
subordinate city employee. removes city employees. removes city employees.
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
OF THE CITY COUNCIL
STATUS QUO
MODEL
HYBRID
ROLE . Is tile legislative head of tile city . Is tile legislative head of the city
government. government.
COMPOSITION . Composed of six (6) members . Consists of Mayor and six (6) . Consists of six (6) councilors
elected at-large and by position councilors. elected at-large.
number.
. Enact laws, ordinances and . Adopts ordinances. · Adopts ordinances.
DUTIES pass resolutions of tile city.
. Ordain and levy taxes.
· Approve city budget . Approve city budget. · Approve city budget.
. Prescribe duties of appointive . Authorizes compensation of city . Authorizes compennatlon of city
offIcers and determine their officers and employees. officers and emploYI~es.
compensation and
qualifications.
. Develops long-rangl~ plans,
sets goals and develops
polIcies which are in concert
I with the city vision statement.
STRUCTURE OF GOVERNMENT AL TERNA liVES
POWERS & DlJITIES
OF THE CITY COUNCIL (Cont.)
STATUS QUO
MODEL
HYBRID
DUTIES (Conl) . Conduct::; performance reviews
of the City Manager.
. Elects president of the Council
to act in Mayors absence and
who is a member of the
Mayor/Manager team.
· Suspend and remove any · By ordinance, detennine the · By ordinance, detennine the
appointive officer. rules governing the recruitment, rules governing the recruitment,
. Directly appoint or dismiss any selection, promotion, transfer, .selection, promotion, transfer,
subordinate city employee. demotion, suspension, layoff demotion, suspension, layoff
and dismissal of city employees and dismissal of city employees
based on merit and fitness. based on merit and fitness.
. Designate any appointive . Maintain oversight of city
official to supervise any other operations without superviSing
appointive official. or otherwise giving direction to
city employees other than the
City Manager.
VETO . Authority to override Mayor veto . Authority to override Mayor veto
by vote of a majority. by vote olf a supennajority.
STRUCTURE OF GOVERNMENT ALTERNATIVES
POWERS & DUTIES
OF THE CITY COUNCIL (Cont.)
STATUS QUO
MODEL
HYBRID
APPOINTMENTS · Appoint and remove City · Appoint and remOV'3 City
Manager. Manager.
. Appoint and remove Municipal
Judge.
. Appoint and remove City . Appoint and remOV'3 City
Attorney. Attorney.
.Approve and consent to Mayor . Approve and consent to Mayor . Approve and conse,nt to Mayor
APPROVElCONSENTl appointed commissions and appointed commissions and appointed commissions and
CONFIRM committees with exception of committees. committees.
Parks Commission.
. Confirm and consent to the
appointment of the City
Administrator.
· Confirm and consent to the
appointment of the City
Attorney.
. Confirm and consent to
appointment of other officers
deemed necessary.
TOPIC DISC:USSION PAPER: GOVERNMENT STRUCT1URE
ISSUE ST A TEl'dENT:
Should the structure of the city government remain as
defined in the present city charter, or be changed?
EXISTING CHARTER LANGUAGE AND CODES:
Attachment I
Mayor: ARTICLE IV
Council: ARTICLE VIII
City Administrator: ARTICLE XIII
MUNICIPAL CODES:
Attachment II
Mayor and Council: AMC 2.04
City Administrator: AMC 2.28
ALTERNATIVE CHOICES:
Attachment III (shows a comparison of the three alternatives listed below)
1. Retain the government structure as defined in the present city charter (Status Quo).
,Bud2:et:
No Change.
,Accountabilitv:
The Mayor and Council are accountable to the public as they are elected by a
vote ofthe people. Critics would argue that the dual reporting possibilities
Mayor, Administrator) for city employees can create a confusing environment in
terms of priorities and direction. Proponents of this provision argue that it
provides the Mayor with additional administrative influence in support of his/her
agenda.
Or2:anizational Impacts:
Critics of the dual reporting provision argue that it creates a less efficient
function of city operations. Critics would also argue that not providing the City
Administrator with the authority to hire and dismiss department heads and other
officers establishes a condition of responsibility without commensurate
authority, confusing the lines of authority and diminishing the leadership
possibilities for the City Administrator.
2. Provide a government structure consistent with the Model Charter for Oregon Cities (Model).
Bud2:et:
Little or no change with this alternative.
Accountabilitv:
As in alternative # 1, the Mayor and Council are accountable to the public as
they are elected by the vote of the people. This alternative provides for a City
Manager as administrative head of he city, reporting directly to the Council,
with full responsibility for the administrative functions and with broad hire and
dismiss authority on all city employees, thus establishing a condition of
authority commensurate with the responsibility. This eliminates any confusion
of city employees relative to priorities and direction.
pn!anizational Impacts:
This alternative reduces the power of the Mayor relative to alternative #1, but
establishes the Mayor as the political head of the city government while placing
additional responsibility with the Council, thus allowing it additional influence
in terms of policy and goals. Critics of this provision argue that citizen influence
through the Mayor is diminished. Proponents would argue that the elimination
of the dual reporting provision found in alternative # 1 provides for a more
effective and efficient functioning of the city administrative organizaltion.
3. Provide a government structure with the framework of the Model Charter for Oregon
Cities with provisions for a Mayor/Manager partnership (Hybrid).
]Bud1!et:
Little or no change in this alternative.
~<\ccountabilitv:
Would be the same as in alternative #2.
Or1!anizational Impacts:
This alternative establishes the Mayor as the
political head of the city government and a Mayor-Manager team arrangement
which, while not providing the Mayor direct administrative power, but a formal
link to the Manager and the city administration. Moreover, this alternative
provides a somewhat balanced arrangement of responsibilities and influence for
the Mayor and Council. However, additional influence is granted the Mayor by
establishing a veto authority and requiring that a Council override be by a
supermajority.
2
Attachment I
Ashland City Charter
ARTICLE IV - Mayor
Section 1. Term. The Mayor in office at the time this Charter is adopted shall continue
in office until the end of his/her term of office as fixed by the Charter of the City in effect
at the time this Charter is adopted. At the biennial general election held in 1 972, and
every fourth year thereafter, a Mayor shall be elected for a term of four (4) years.
Section 2. Powers and Duties. The Mayor is the executive officer of the municipal
corporation and shall exercise careful supervision over the general affairs of the City and
over appointive officers. He/she shall sign all orders and warrants on the Treasury for
claims authorized by the Council.
Section 3 . Vote. The Mayor shall not be entitled to vote on any ordinance or measure
before the Council except in the case of a tie vote, in which case he/she shall have the
power to vote, and must vote either in the affirmative or in the negative. The Mayor shall,
within five days after the passage of any ordinance, either approve or veto the same, and
no ordinance shall go into effect until approved by the Mayor or passed by the Council
over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or resolution, file
such veto with the City Recorder, together with reasons for his/her disapproval, which
veto and message of disapproval shall be read at the next meeting of the Council, and
such ordinance or resolution be put upon its passage again; and, if two-thirds of the
Council members shall vote in the affirmative, it shall become law without the ~;1ayor's
approval, but not otherwise. In passing all resolutions and ordinances, the ayes and nays
shall be called and permanent record made of the vote thereon.
ARTICLE VIII - Council
Section 1. "There Powers Vested. Except as this Charter provides otherwise, all
powers of the City shall be vested in the Council and the Mayor.
Section 2. Composition. The Council shall be composed of six (6) Council members
elected in the City at large and by position number. Each position shall bear a nllmber
running from one (No.1) through six (No.6), and any candidate for Council shall,
starting with his/her nominating petition, designate the number of the Council se:at to
which he/she st::eks election; further, one candidate may only run for one position at an
election.
The Council members whose terms of office expire with the end of 1972 shall be
assigned seat numbers 1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within
the scope of the preceding provision, the Council shall forthwith determine by lot the
numbers to be assigned to the incumbent Council members.
Section 3. Council Meetings and Rules. The Council shall hold a regular meeting in
the City at least once each month at a time and place which it designates. Other lneetings
may be called as the Council deems necessary, with notice given the Mayor and Council
members and the public as provided by ordinance. Minutes of any such special rneeting
shall be presented at the next regular Council meeting. The Council shall adopt rules for
its proceedings.
Section 4. Quorum. The Mayor and not less than three (3) of the Council mernbers, or
four (4) of the Council members, shall constitute a quorum for conducting Council
business.
Section 5. Journal. The Council shall cause a record of its proceedings to be kept.
Upon request of the Mayor or any of the Council members, the ayes and nays upon any
question before it shall be taken and entered in the record.
Section 6. Proceedings to be Public. No action by the Council shall have legal effect
unless the motion for the action and the vote thereon take place at proceedings open to
the public.
Section 7. ~vj[ayor's Function at Council Meetings. The Mayor shall preside over the
deliberations of the Council. He/she shall have authority to preserve order, enforce the
rules of the Council, and determine the order of business under the rules of the Council.
Section 8. Chair of the Council. At the first regular meeting of the Council in January
of each year, the Council shall by ballot elect a Chair of the Council from its membership
to serve for one (1) year. He/she shall, during all times when the Mayor is absent or
unable to attend to his/her duties or act in any matter, have and exercise the powers and
perform the duties of the Mayor, except that he/she shall retain his/her Council rnember's
right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the
Council members present shall elect one of their number as Chair Pro Tem, who shall
preside at that rneeting.
Section 9. Vote Required. Except as this Charter otherwise provides, the concurrence
of a majority of the members of the Council present at a Council meeting shall be
necessary to decide any question before the Council.
ARTICLE XIII - Appointive Officers
Section 1. Appointive Officers. The Mayor, with the confirmation by the Council,
shall appoint a City Administrator, City Attorney and such other officers as the Council
deems necessary. The Council may combine any two or more appointive offices, (Charter
amendment 5-23-78)
Section 1 A. Separate Police and Fire Departments. The City of Ashland shall maintain
a fire department which is separate and distinct from the City police department. The
employees of one department shall not be assigned to do the job functions of employees
2
in the other department. (Charter amendment 1-4-86)
Section 2. Qualifications, Duties and Salaries. The Council shall, by ordinances,
prescribe the duties of appointive officers, and determine their compensation and
qualifications, except the Municipal Judge shall be a member of the Oregon State Bar.
The Council may designate any appointive officer to supervise any other appointive
officer, except the Municipal Judge in the exercise of his/her judicial duties.
Section 3. Rlemoval. The Mayor, with the consent of the Council, may suspend and
remove any appointive officer at any time.
Section 4. Interest in City Contracts. Except as provided otherwise by law, no officer,
agent or employee shall have any interest in any City contract made by him/her in his/her
official capacity or by any public committee, board, commission or department of which
he/she is a melnber, agent or employee, except that the employment of the officer, agent
or employee shall not be considered a contract for the purposes of this section.
3
Attachment II
2.04 Ruh~s of City Council
2.04.010 F'residing Officer
[This excerpt comes from the Ashland Municipal Code, Title 2-Administration,
Chapter 4-Rules of City Council]
The Mayor, or in the Mayor's absence, the Chair of the Council, shall preside at
the meetings of the City Council. In the absence of these officers at any session
the Councilors present shall appoint a Chair pro tem and proceed with the
meeting. The Chair, except the Mayor, may vote on all motions other than
appeals from decisions made while acting as presiding officers. (Ord. 1544 SS 1,
1967)
2.04.020 ()uorum
As provided in Article VIII, Section 4, of the City Charter, the Mayor and not
less than three (3) Councilors, or four (4) Councilors, constitute a quorum and a
simple majority of the Councilors present determines the action on any motion,
question, ordinance, or resolution except, however, that on questions requiring a
two-thirds (2/3) vote of the Council, as provided in the City Charter, there shall
be required a vote of four (4) Councilors to exercise any such special powers. If
the roll call shows no quorum present, as defined by Section 4 of Article VIII of
the City Charter, the Councilors in attendance may direct the Chief of Police to
notify the absent members, except those known to be unavoidably detained, that
their presence is required to enable the Council to proceed with business.
Should any then fail to soon appear the members present shall adjourn to a date
fixed by them. (Ord. 1810 (part), 1974; Ord. 1544 SS2, 1967)
2.04.030 Minutes of Proceedings
After the reading of the minutes of the preceding meeting by the City Recorder,
if there are no corrections or objections thereto, they shall be considered
approved; otherwise, to be approved by vote. The minutes as approved shall be
signed by the Mayor and City Recorder. (Ord. 1544 SS3, 1967)
2.04.040 Order of Business
A. Except as provided in subsection B hereof, the order of business of the
Council shall be:
1. Roll call;
2. Approval of minutes of the previous meeting;
3. Special presentations, proclamations and awards;
4. Consent agenda, subject to the limitations of subsection C;
5. Public hearings, subject to the limitations of subsection D and first readings
of ordinances that pertain to the public hearing.
6. Public forum for business from the audience not included on the agenda
(limited to a total of 15 minutes);
7. Unfinished business;
8. New and miscellaneous business;
9. Ordinances, resolutions and contracts;
10. Other business from Council members.
B. At the first meeting in January, after the roll call, the presentation of the
Mayor's address shall be first in order.
c. Routine business items may be listed by the City Administrator under a
"Consent A.genda", which shall be acted upon in its entirety, except that the
Mayor or any member of the Council may request that any item be moved to the
regular agenda under the appropriate section of business.
D. Public hearings shall conclude at 9:00 P.M. and be continued to a future date
to be set by the Council, unless the Council by a two-thirds vote of those
present, extends the hearing(s) for one-half hour until 9:30 P.M. at which time
the Council shall set a date for continuance and shall proceed with the balance
of the agenda. Not more than two (2) land use appeal hearings shall be
scheduled for any regular meeting of the Council. The City Administrator rnay,
in the Adnlinistrator's discretion, schedule additional legislative hearings
depending on the anticipated length of the Council meeting. (Ord. 2611 S 1..
1991; 2729-1994)
E. At any meeting of the Council, the order of business can be changed or any
part thereof moved to a future agenda by a majority vote of the Council.
F. The City Administrator is responsible for the preparation of the agenda for
each City Council meeting and, with the consent of the Council, shall determine
the deadline by which any matter must be presented in writing by any citizen in
order to be included on the agenda. (Ord. 1544 S4, 1967; Ord. 2523(A) S 1,
1989).
2.04.050 Voting
When a question or motion is put to a vote by the Chair, each member present
shall vote for or against the same unless the Council excuses that member from
so doing. If thereafter the Mayor or any member calls for a roll call vote, then
each member must likewise vote. The Mayor can only vote in the case of a tie,
and then is required to vote. (Ord. 1544 SS5, 1967).
2.04.060 Privileges of Members
No member shall speak more than twice on the saIne question without leave of
the presiding officer, except in informal and interlocutory debate, nor more than
once until every member choosing to speak shall have spoken or waived their
right to do so. (Ord. 1544, SS6, 1967).
2.04.070 lloll Call Vote
The voting on all ordinances or resolutions shall be by roll call vote and
recorded in the minutes showing those numbers voting for and those voting
against. (Ord. 1544 SS7, 1967).
2.04.080 A.ppointing Committees
All committees not required by State law to be appointed by the Council shall
be appointed by the 11ayor with the consent of the Council, or in the Mayor's
absence, any appointment necessary may be made by the presiding officer, with
the consent of the Council. After the standing committees have been formally
announced they cannot be changed except at a regular meeting of the Council
and by a tnajority vote of the members present. All terms of boards,
commissions and cOlllmittees shall be extended to April 30 of each year,
beginning with the terms expiring on December 31, 1989. (Ord. 1875, 1976;
Ord. 2523(A) S2, 1989).
2.04.081 Notice of Appointments
No person shall be appointed or elected to any committees or commissions
established by ordinance until after the City Recorder has caused to be
published once, at least ten (l0) days prior to the date on which the appointment
or election is to be made, in a newspaper of general circulation in the City of
Ashland, a notice entitled "NOTICE OF APPOINTMENT", containing the
following information:
1. The position to be filled by appointment or election;
2. That applications will be accepted by the City Recorder;
3. The date the appointment is expected to be made; and,
4. That additional information regarding the position can be obtained from the
office of the City Recorder.
No appointment or election shall be made to any of the aforementioned
committees or commissions, unless notice of such appointment or election
appears on the agenda for the meeting at which the appointment or election is to
be made. A.dditional procedures regarding application deadlines and notification
to the City Council of proposed appointments by the Mayor shall be set forth by
Resolution of the Council. (Ord. 1903, 1976; Ord. 2523(A) S3, 1989).
2.04.082 Student Memberships on Commissions and Committees.
Section 2.04.082 Student Memberships on Commissions and Committees.
The Mayor with consent of the Council may add to the membership of any city
commission, two positions for student liaisons, whether such commission or
committee was established by ordinance or resolution. The student liaisons shall
be non-voting ex officio members of their respective commissions or
committees. Once the liaison positions have been added, the liaison from the
high school shall be a high school student chosen by the Ashland High School
Leadership Class and the liaison from the university shall be a university student
chosen by the Associated Students of Southern Oregon University Student
Senate. The requirements of sections 2.05.080 and 2.04.081 shall not apply to
the students chosen under this section.
ORD 2889~ 10/0 1
2.04.090 ()rdinances and Resolutions
Every ordinance shall be enacted in accord with Article X of the Ashland City
Charter. Every resolution shall receive one reading previous to the vote on its
passage, provided however, that it may be read by title only if no Council
member present at the meeting requests to have it read in full. (Ord. 1544 S9,
1967; Ord. 1950 S 1, 1978; Ord. 2365, 1985; Ord. 2691, 1992).
2.04.095 Identification of Fiscal Impact of Policy Decisions
A. At such time as the council adopts a new program or policy with significant
revenue in1plications~, it shall offer clear direction to city staff and to the budget
committee as to how the new program or policy is to be funded.
B. When the city council adopts such a program or policy, it shall indicate how
it expects that program or policy will be funded; e.g., which existing taxes or
fees the council expects to increase and by how much, or which current city
programs or department expenditures the council expects to reduce to fund the
new program or policy. However, if the council cannot reasonably identify a
potential funding source, it shall so indicate.
C. As used in this section 2.04.095, the term "program or policy with signifi.cant
revenue implications" includes an ordinance or a resolution in which
implementation may entail expenditures in any budget year in excess of one and
one-half percent (1.5~o) of the city's annual General Fund budget, and which
may requir'e increasing existing taxes or fees or imposition of new taxes or fees.
D. The provisions of this section shall not apply to extraordinary expenditures in
situations of, or necessitated by, public emergencies.
(Ord 2851, added, 11/02/1999)
2.04.100 Rights of Citizens
All matters of business, propositions, requests, petitions, remonstrances, or any
question whatsoever which a citizens, or any society or organization of citizens,
severally or by committee, may desire to present for consideration of the
Council shall be reduced to writing and filed with the City Administrator for
presentation to the Council. The Council shall accord a hearing to any person in
explanation of the matter or business so filed and presented. Provided, howl~ver,
when the floor is accorded any citizen for such purpose, the Chair may then or
later notify the speakt~r of the amount of time which the citizen will be allo'wed.
(Ord. 1544,SlO, 1967)
2.04.110 Council Meetings
A. Regular Meetings
The regular sessions of the Council shall be on the first and. third Tuesdays of
each and every month, unless otherwise arranged, and shall be held on the days
appointed at 7 p.m. Meetings shall end no later than 10:00 p.m. unless the
Council by a two-thirds vote of those present extends the meeting for one half
hour. (Ord. 2729-1994)
B. Adjourned Meetings
At any regular or adjourned meeting the meeting lTIay be adjourned to a later
date by a lnajority vote of the Council. In the event any regular meeting is
adjourned to call of the Mayor, the Mayor may call an adjourned meeting at
such time as the Mayor may designate upon having each Councilor notified
personally, or in writing, at least thirty-six (36) hours in advance of the time and
place of such adjourned meeting. Any City business may be acted upon at an
adjourned meeting.
C. Special Meetings
A special meeting may be called either by the Mayor or two (2) menlbers of the
Council. \Vritten notice of the time and place of such special meeting and the
subjects to be acted upon shall be delivered in writing to all members of the
Council at least thirty--six (36) hours in advance of the time of said meeting: and
the Council may consider and act only upon such matters as contained in the
written notice.
D. Study Sessions The Mayor or two (2) members of the Council may call a
study session at any time for the purpose of informing members of the Council
as to City affairs. At such study sessions no decisions may be made or action
taken either formally or informally by the Council. (Ord. 1544, S 11, 1967)
2.04.120 Reconsidering a Vote
A motion to reconsider a vote can be made only once and at the session at \vhich
the motion or matter was adopted, or at the next meeting of the Council,
provided that no vote to reconsider shall be made after the ordinance, resolution,
or act shall have gone: out of the possession of the Council. (Ord. 1544, S 12,
1967)
2.04.130 Conducting a Meeting
Robert's Rules of Order shall be authority for the government of the CouncH
during its sessions, when not in conflict with the City Charter and these code
rules. (Ord. 1544 S 13, 1967).
2.04.140 Membership on Ashland Budget Committee
For the purpose of local budget law, the Mayor is a member of the governing
body of the City of Ashland. (Ord. 2501, 1989).
2.28 Adrninistrative and Operating Departments
2.28.010 Title
This chapter shall be known as "the organization ordinance", and shall be
referred to as such.
(Ord. 1399 S34, 1965)
2.28.020 City Administrator - Department Created
A City Administrator Department is created, under the direct control and
managem1ent of the City Administrator, and shall consist of the City
Administrator, the employees provided for by the position classification plan or
a position ordinance, and such other employees as the City Administrator Inay
assign to said Department.
(Ord. 1399 S 1, 1965)
2.28.030 City Administrator - Duties - Generally
The City A.dministrator shall have the duties, responsibilities, authorities, and
jurisdictions provided by the City Charter, the ordinances and resolutions
adopted by the Council, and the laws of the state wherein they relate to the
administration of the City. With City Council acknowledgment, the City
Administrator is hereby empowered to make such rules and regulations for the
conduct of the various administrative departments of the City as may be deemed
necessary from time to time.
(Ord. 1399 S2, 1965)
2.28.040 City Administrator - Administrative Responsibilities
The City l\.dministrator shall have responsibility for the general administrative
coordination of all City departments except for those officers and employees of
the Parks Department. The City Administrator shall have the right to submit
recommendations to the Mayor, with confirmation by the City Council, as to the
appointment or dismissal of any principal officer or Department head. The
Mayor and City Council, City Administrator, or the appropriate Department
head may directly appoint or dismiss any subordinate employee.
(Ord. 1399 S3, 1965; Ord 2826 S 1, 1998)
2.28.050 City Administrator - Ex Officio Officer
(Ord. 1399 S4, 1965; Ord. 2251 S3, 1983; Ord. 2267 SI, 1983; Repealed Ord.
2813,1998)
2.28.060 Cemetery Department - Created
A Cemetery DepartrrLent is hereby created which is under the direction of the
Director of Finance and Administrative Services, and consists of such
employees authorized by the position classification plan or City budget, and
such other employees as the City Administrator may assign to said Departrnent.
(Ord. 1399 S5, 1965; Ord. 2251 S 1, 1983)
2.28.070 Cemetery Department - Functions
The functions of the Cemetery Department are the sale or other disposition of
places of burial under control of said Department; the maintenance and care of
all cemetery grounds, equipment, mausoleums and structures; the preparation
and maintenance of accurate records of all burials; and the disposition of human
remains in the manner provided by State law.
(Ord. 1399 S6, 1965; Ord. 2251 S2, 1983)
2.28.080 Electric Utilities Department - Created
An Electric Utilities Department is created which is under the direction of the
Director of Electric Utilities, and consists of such employees authorized by the
position classification plan or City budget, and such other employees as the City
Administrator may assign to said Department.
(Ord.1399 S7, 1965; Ord. 2251 S4, 1983)
2.28.090 E~lectric Utilities Department - Director
The Director of Electric Utilities, subject to the approval of the City
Administrator and City Council, shall organize and maintain such divisions in
said Department as the operation may, in the judgment of the Director, require.
The Director of Electric Utilities shall be responsible for the general supervision
and control of all divisions of said Department and for the performance of the
functions herein assigned to said Department.
(Ord. 1399 S8, 1965)
2.28.100 Electric Utilities Department - Functions
The functions of the Electric Utilities Department are the construction,
operation, and maintenance of the electric distribution system; the installation of
all new lines, services and meters; the maintenance of the hydro-generation
plant; the preparation and submission of proposed work programs including
estimates of cost; the installation, maintenance and operation of all electrical
equipment and facilities of the City; and the implementation of programs for
energy conservation required by state or federal law, or as approved by the City
Council.
(Ord. 1399 S9, 1965; Ord. 2251 S5, 1983)
2.28.110 Finance Department
Created as 2.22, editorially altered per request of the City Attorney dated 9/5/73
(Exhibit D); prior ordinance history: Ordinance 1399 S10, S11 and S12.
A Finance Department is created which is under the direction of the Director of
Finance, and consists of such employees authorized by the position
classification plan or City budget, and such other employees as the City
Administrator may assign to said Department.
(Ord. 1399 S10, 1965; Ord. 2259 SI, 1983)
2.28.120 Finance Director and Administrative Svcs - Duties
The Director of Finance, subject to the approval of the City Administrator and
City Council, shall organize and maintain such divisions in said Department as
the operation may, in the judgment of the Director, require. The Director of
Finance shall be responsible for the general supervision and control of all
divisions of said Department and for the performance of the functions herein
assigned to said Department.
(Ord. 1399 S11, 1965; Ord. 2259 S2, 1983)
2.28.130 F'inance Department - Functions
The functions of the Finance Department are
. the administration and collection of various City taxes, licenses, and perraits
and the ad:ministration of ordinances and state laws applicable thereto;
. the receipt and safekeeping of all City money;
. preparation and control of the City budget;
. procurelnent of materials, supplies, equipment and services for all
departments, except the Parks and Recreation Commission;
. receipt, storage and issuance of supplies, materials and equipment; the
disposal of surplus property;
· fiscal and property accounting for all departments except the Ashland Parks
and Recreation Comrnission;
. data processing;
. financial estimating, planning and programming;
. billing and collecting;
. investment of temporarily idle funds in cooperation with the City Recorder;
. dispatching of utility connect and disconnect orders;
. risk management and insurance administration; operation of the switchboard;
. coordination of the cleaning, maintenance and repair of all public buildings
belonging to the City used for general administrative purposes;
. establishing and operating a centralized warehouse;
. general administration and control of the Cemetery Department;
. the performance of all duties prescribed by the City Charter and ordinances
and the la'-"s of the State for those officers and officials included in the Finance
Department;
. and the performanc(~ of such other functions as rnay be assigned by the City
Administrator or prescribed by the City Council.
(Ord. 1399 S12, 1965:; Ord. 2551 S6, 1983; Ord. 2259 S3, 1983; Ord. 2826 S2,
1998)
2.28.140 Fire Department - Created
A Fire Department is hereby created which is under the direction of the Fire
Chief, and consists of such employees provided for by the position classification
plan or City budget, and such other employees as the City Administrator may
assign to said Department.
(Ord. 1399 S13, 1965; Ord. 2265 Sl, 1983)
2.28.150 Fire Chief - Duties
The Fire Chief, subject to the approval of the City Administrator and City
Council, shall organize and maintain such divisions in said Department as the
operations may, in the judgment of the Fire Chief, require.
The Fire Chief shall be responsible for the supervision and control of all
divisions of said Department and for the performance of the functions herein
assigned to said Department.
The Fire Chief shall have control and management of all officers, members,
equipment, and functions of the Fire Department.
The Fire Chief shall have authority to adopt rules and regulations for the
administration, discipline, equipment, and unifornls of members and officers of
the Department, fixing the powers and duties and prescribing penalties for
violations of any such rules and regulations and providing for their enforcement.
(Ord. 1399 S 14, 1965)
2.28.160 ]?ire Department - Functions
The functions of the Fire Department are the prevention and extinguishment of
fires;
The enforcl~ment of all laws and ordinances relating to the prevention and
extinguishrnent of fires and storage, sale, and use of oils, combustible materials
and explosives;
The investigation of the causes of all fires and the reporting of the same to the
Police Department in all cases where there is reason to believe that any fire is
the result of a crime or that a crime has been committed in connection there'with;
The inspection of all hydrants, stand pipes, and other water supply systems;
The performance of disaster and mutual aid services in accordance with
approved plans or agreements; the performance of such other functions as nlay
be assigned by the City Administrator or prescribed by ordinance of the City
Councilor by applicable State law.
(Ord. 1399 S15, 1965; Ord. 2246 SI, 1983)
2.28.170 F'ire Department - Additional Duties
In addition to the performance of their regular and ordinary duties, it shall be the
duty of all members of the Fire Department, at all times and under all
circumstances,. to go to the aid of all persons in distress or danger and render
them such help and assistance as lies within their power and to perform any and
all other duties when ordered by the Fire Chief.
In case any member of the Fire Department is injured while rendering such
additional services, the employee shall be deemed to be injured in the course of
employment.
(Ord. 1399 S16, 1965; Ord. 2266 S2, 1983)
2.28.180 Municipal Court Department - Created
A Municipal Court Department is hereby created 'which is under the direction of
the elected Municipal Judge, and consists of such employees provided for by the
position classification plan or City budget, and such other employees as the City
Administrator may assign to said Department.
(Ord. 1399 S17, 1965; Ord. 2266 S3, 1983)
2.28.190 Municipal Judge Jurisdiction and Powers
The Municipal Judge shall be the judicial officer for the City and shall have
jurisdiction over all violations of City ordinances, the City Charter, and
infractions~, violations and misdemeanors described in the Oregon Revised
Statutes occurring within the City.
The Municipal Judge, in exercising this jurisdiction, shall have all the powers of
a circuit court judge set forth in the Oregon Revised Statutes.
For any case involving an infraction, other than a traffic infraction, where it
appears on the face of one or more pleadings, appearances or motions, that the
underlying dispute between the complainant and defendant could be resolved
through mediation, the court shall have the authority to refer the matter for
mediation prior to or concurrent with the setting of the matter for trial.
The purpose of the mediation shall be to assist the complainant and defendant in
resolving the dispute leading to the alleged infraction instead of litigating those
issues before the court. The mediator shall report to the court the outcome of the
mediation at the conclusion of the mediation proceeding. The mediator shall
report in \vriting to the court any agreement reached by the parties as a result of
the mediation, and if the municipal judge approves, the agreement shall be
incorporated in the order disposing of the case. If the parties do not reach an
agreement, the mediator shall report that fact to the court and may make a
recommendation to the court as to disposition of the case.
The municipal judge shall have the authority to dismiss any case in which the
complainant fails or refuses to participate in mediation. The municipal judge
shall have the authority to compel the defendant to participate in mediation, and
any defendant who wilfully fails or refuses to participate in mediation after
being ordered to do so may be cited for contempt in the manner provided by
law.
The municipal judge shall have the authority to require the defendant and
complainant to agree to comply with any order disposing of the case that
incorporates the outcome of the mediation. If the complainant fails or refuses to
agree to comply with such order, the municipal judge shall have the authority to
dismiss the case. Any defendant who wilfully fails or refuses to agree to comply
with such order after being ordered to do so may be cited for contempt in the
manner provided by law.
(Ord 2820, S 1, 1998)
2.28.200 Municipal ,Judge--Pro tempore
The Mayor, with confirmation by the City Council, shall appoint a Municipal
Judge Pro tempore, who shall serve as Municipal Judge in the absence frollil the
City of the elected Municipal Judge, or due to the inability of said elected Judge
to serve. The Municipal Judge shall have a right to submit recommendations as
to the appointment or dismissal of the Municipal Judge Pro tempore, however,
this shall not limit the Mayor's power to appoint or dismiss. The Municipal
Judge Pro tempore shall be employed at the expense of the City upon such terms
as are prescribed by the Councilor City Administrator.
(Ord. 1399 S 19, 1965; Ord. 2266 S5, 1983; Ord. 2268, 1983)
2.28.210 Nlunicipal Judge--Records
The Municipal Judge shall keep on file in the Municipal Court office all written
communications and opinions, decisions, briefs and papers used in cases
wherein the Judge pn::sides. The Municipal Judge shall deliver all books,
records, papers, documents and property of every description belonging to the
City to his/her successor in office.
(Ord. 1399S20, 1965)
2.28.215 Municipal.Judge--Parking Violations
The Municipal Judge is authorized to assign any and all parking violations
issued to persons residing outside the City limits of Ashland to a collection
agency or agencies for collection of the penalty provided for such violations.
The penalties for parking violations as provided in the Ashland Municipal Code
shall be enhanced in each case when the defendant fails to appear or post bail
within the time required by the citation as follows:
A. When the defendant fails to appear or post bail within seven (7) days of the
due date thereof, the penalty shall increase by Ten Dollars ($10.00).
B. When the defendant fails to appear or post bail within thirty (30) days of the
due date thereof, the penalty shall increase by Thirty Dollars ($30.00).
C. When the defendant fails to appear or post bail within fifty (50) days of the
due date thereof, the penalty shall increase by Fifty Dollars ($50.00).
(Ord. 2047, 1979)
2.28.220 City Attorney--Created
A Legal Department is hereby created which shall be under the direction of the
City Attorney, and shall consist of such employees provided for by the position
classification plan or City budget, and such other employees as the City
Administrator may assign to said Department.
(Ord. 1339 S21, 1965; Ord. 2266 S6, 1983)
2.28.230 City Attorney--Duties--Legal
The City Attorney shall prosecute and defend for the City all actions at law or in
equity, and all special proceedings for or against the City. The City Attorney
shall comnlence any legal proceedings when directed to do so by the City
Administrator or City Council, and shall give legal advise, in writing, to the
Mayor, the Council, the City Administrator, Department heads, and Boards and
Commissions when re:quested to do so by them, upon questions of law arising in
their separate Departnlents involving the rights and liabilities of the City. The
City Attorney shall not settle or dismiss any litigation for or against the City or
take an appeal to any appellate court unless instructed to do so by the City
Administrator or City Council.
(Ord. 1399 S22, 1965; Ord. 2266 S7, 1983)
2.28.240 City Attorney--Duties--Responsibility to Council
The City Attorney shall draw such ordinances, resolutions and contracts, or
other instruments, as shall be requested by the Councilor the City
Administrator, and shall attend the meetings of the Council when requested to
do so by the Mayor, the Councilor the City Administrator.
(Ord. 1399 S23, 1965; Ord. 2266 S5, 1983)
2.28.250 City Attorney--Substitute Counsel
Whenever., in the opinion of the City Attorney, the City Administrator, or the
City Council, the interests of the City require it, assistant or substitute counsel
may be enlployed at the expense of the City, upon such terms as are prescribed
by the Councilor City Administrator.
(Ord. 1399 S24, 1965)
2.28.260 City Attorney--Records
The City Attorney shall keep on file in his\her office all written communications
and opinions, briefs and papers used in cases wherein he\she appears. The City
Attorney shall deliver all books, records, papers, documents, and property of
every description belonging to the City to his\her successor in office.
(Ord. 1399 S25, 1965)
2.28.270 City Attorney--Ex officio Duties
With respect to criminal proceedings in the Municipal Court, the City Attorney
shall be the Ex officio prosecuting attorney whenever the defendant is
represented by an attorney. In all other criminal proceedings in the Municipal
Court, the City Attorney shall consult and assist the officer involved or
represent the City when the case is of unusual complexity or contains unusual
difficulties as determined by the officer involved, and the Chief of Police, or a
designee.
(Ord. 1399 S26, 1965; Ord. 2156 SI, 1981)
2.28.280 Police Department--Created
A Police Department is hereby created which is under the direction of the Chief
of Police, and consists of such employees provided for by the position
classification plan or City budget, and such other employees as the City
Administrator may assign to said Department.
(Ord. 1399 S27, 1965; Ord. 2266 S9, 1983)
2.28.290 Police Chief--Duties
The Chief of Police, subject to the approval of the City Administrator and City
Council, shall organize and maintain such divisions in said Department as the
operations may, in the judgment of the Chief, require, and shall be responsible
for the supervision and control of all divisions of said Department and for
performance of the functions herein assigned to said Department. The Chief of
Police shall, in the lm;vful exercise of the duties of Police Chief, and subject to
the provisions of the City Charter, have all the powers that are now or hereafter
may be conferred upon sheriffs by the laws of the State, and shall be entitled to
the same protection.
(Ord. 1399 S28, 1965; Ord. 2266 SID, 1983)
2.28.300 Police Chief--Department Administration
The Chief of Police shall have authority to adopt rules and regulations for the
administration, discipline, equipment and uniforms of the members and officers
of the Department, fixing powers and duties and prescribing penalties for
violations of any such rules and regulations, and providing for their
enforcement.
(Ord. 1399 S29, 1965)
2.28.310 Police Department-- Functions
The functions of the Police Department are the maintenance of law and order in
the City; the enforcem,ent in the City of all laws of the United States and of the
State, and all ordinances of the City, except when such enforcement is by such
law, ordinance or charter of the City made the responsibility of another officer
or Departnlent, or wht~n such enforcement is the responsibility of a State or
Federal agency or officer; the administration of the City lockup and the care,
custody and control of prisoners; the performance of such other functions as
may be assigned by the City Administrator or prescribed by ordinance of th~
Councilor by applicable State law.
(Ord. 1399 S30, 1965:; Ord. 2266 SII, 1983)
2.28.320 Public Works Department--Created
A Public Works Department is hereby created which is under the direction of
the Director of Public Works, and consists of such employees provided for im
the position classification plan or a City budget, and such other employees as
may be assigned by the City Administrator to said Department.
(Ord. 1399 S31, 1965; Ord. 2259 S4, 1983)
2.28.330 Public Works Director--Duties
The Director of Public Works, subject to the approval of the City Administrator
and City Council, shall organize and nlaintain such divisions in said Department
as the operations may, in the judgement of the Director, require and shall be
responsible for the supervision and control of all divisions of said Departmt~nt
and for the functions herein assigned to said Department. The Director of Public
Works shall be ex officio City Engineer, ex officio Street Commissioner, and ex
officio Water Superintendent.
(Ord. 1399 S32, 1965; Ord. 2259 S5, 1983)
2.28.340 Public Works Department--Functions
The functions of the Public Works Department are the construction and
maintenance of all streets, alleys, sidewalks, paths, bike paths, rights-of-way,
and courts now open or which hereafter may be opened; the cleaning of streets;
the construction, maintenance, and operation of the sewer and storm drain
systems; the maintenance and operation of the sew'age disposal plant; the
construction, maintenance and operation of the water distribution systems, the
maintenance and operation of the water filtration plant; the supervision of aU
work done on streets, alleys, or other public ways, land, buildings, or other
structures by anyone other than the City; supervision of the repair and
maintenance of all motor equipment of the City, except equipment of the Parks
and Recreation Comrrlission; the performance of traffic engineering; the
planning, improvement and maintenance of the Ashland Municipal Airport; the
performance of all phases of engineering work required in connection with all
the functions of said Department; the keeping of records of all surveys and
measurements made, 'which records shall be open for public inspection.
(Ord. 1399 S33, 1965; Ord. 2246 S2, 1983; Ord. 2251 S7, 1983; Ord. 2259 S6,
1983; Ord. 2826 S3, 1998)
2.28.350 Community Development Department--Created
A Community Development Department is hereby created which is under the
direction of the Director of Planning, and consists of such employees provided
for by the position classification plan or City budget, and such other employees
as the City Administrator may assign to said Department.
2.28.352 Director of Planning--Duties
The Director of Planning, subj ect to the approval of the City Administrator and
City Council, shall organize and maintain such divisions in said Department as
the operation may, in the judgement of the Director, require, and shall be
responsible for the supervision and control of all divisions of said Department
and for the: performance of the functions herein assigned to said Department.
The Director of Planning shall be the ex officio Secretary to the Planning
Commission, Historic Commission, Economic Development Commission, and
Citizens Planning Advisory Committee.
2.28.354 Community Development Department--Functions
The functions of the Community Development Department are the preparation
and maintenance of the Comprehensive Land Use Plan of the City as required
by State Law; the preparation of ordinances, policies, maps and studies
implementing said plan; the processing of applications for planning actions set
forth in Title 18 of this Code; with the assistance of the Police Department, the
enforcement of alllavv's, ordinances and regulations governing the erection and
occupancy of buildings and structures, and the alteration of or additions to
buildings and structures as required in Title 15 of this code; with the assistance
of the Police Department, the enforcement of all laws and ordinances governing
zoning and land-use as set forth in Title 18 of this code; and the development
and implenlentation of energy conservation programs as may be approved by
the City Administrator or City Council.
(Ord. 2246 83, 2983)
2.28.360 Department and Division Duties--Generally
The officers and employees of the divisions and departments shall perform such
other duties as may be required of them by the City Charter, laws or ordinances
of the City~, and such other or further duties as may be required from time to
time by the person having direct charge of the division or Department, or by the
City Administrator, or the City Council.
(Ord. 1399835,1965)
TOPIC DISCUSSION PAPER: City Council Elections
ISSUE STATEMENT: How should city council members be selected?
EXISTING CHARTER LA.NGUAGE: Article 8, Section 2 of the city charter delineates
the existing system that governs selection of city council members. Existing language
requires council members to be elected by position nurnber (one through six); each
candidate is required to designate the number of the Council seat to which he or she
aspires. A candidate may run for one position in any given election.
Budget implications: Periodic election costs.
Accountability: Council members are elected by the city as a whole and are thus
accountable to all voters.
Community/Council impacts: Proponents argue that the existing syste:m results
in better debate and clarification of issues. Conversely, critics charge: 1) that the
position system can be used to target specific minority candidates; 2) that it
unnecessarily complicates the voting process and stymies a citizen's ability to
support the candidates of his/her choice; and, 3) that it can allow unchallenged
incumbents to avoid scrutiny.
ALTERNATIVES:
1. Status quo. Charter language remains unchanged.
Budget, accountability and impacts as outlined above.
2. Maintain existing position system with addition of instant voter runoff.
Budget: IVR costs (voter education and election tally) would need to be
absorbed by the city.
Accountability: As with the status quo, council members would be
accountable to city-wide voters. However, IVR proponents argue: that the
process empowers minority candidates and thus requires candidates to be
more sensitive to the range of voters.
Community/council impacts: Proponents argue that IVR will empower
minority candidates and their issues, and perhaps encourage cooperation
among candidates, both before and after the election; additionally, IVR
may re-energize disenchanted voters through its requirement that the
winning candidate amass at least 50% of the vote. Conversely, the
complexity of IVR would require extensive voter education.
3. Implement a city-wide ward system; candidates would be elected from six
different districts apportioned within city boundaries.
Budget: Ongoing election costs should vary little from the status quo;
however, city will experience additional costs from initial implenlentation
and periodic reapportionment.
Accountability: Council members will be accountable to specific
neighborhoods and specific neighbors.
Community/council impacts: Proponents argue that wards allo'N voters
to choose candidates who reflect the specific needs of a neighborhood,
thus ensuring that the local agenda is represented on the council.
Conversely, critics charge that the ward system can encourage
divisiveness and undermine a city-wide vision.
4. Implement a city-wide ward system with addition of instant voter runoff.
Budget, accountability, and impacts as outlined in options 2 and 3 above.
5. Eliminate position system in favor of city-wide at-large election. Top
vote-getters would win council seats at issue.
Budget: Ongoing election costs should vary little from the status quo.
Accountability: Candidates/council members will be accountable to city-
\vide voters.
Community/council impacts: Proponents argue that a city-widc~ at large
election (no positions, no wards) will silnplify the voting process and
enable voters to support their candidates of choice; streamlining the
selection process could result in more voter participation. Additionally, an
open field \vould require all candidates to campaign for office and actively
debate the issues.
2
TOPIC DISCUSSION PAPER: City Council Salaries
ISSUE STATEMENT: Should the charter address salary issues for city council
members?
EXISTING CHA.RTER L)\.NGUAGE: Article 3, Section 3 of the city charter requires
that changes to the level of compensation received by elective officers (except for
Recorder and Judge) be submitted to a vote of the people. Right now, each city council
member receives $350 per year and the Mayor receives $500; these pay levels have been
unchanged since at least 1976. However, elected officials also receive full medical,
vision and dental benefits and a small life insurance policy that covers themselvt;:s and
dependents.
Budget implications: It is likely that the charter election requiren1ent
discourages the council from proposing pay raises for its members, thus
minimizing budget impacts.
Accountability: City voters are required to approve all changes in council pay.
Community/Council impacts: Proponents argue that the existing systern
restrains the council from enacting costly and/or inappropriate pay increases.
Conversely, critics claim: 1) that salary issues are best delegated via ordinance;
and/or, 2) that council members deserve to be paid for the work that they perform.
ALTERNATIVES:
1. Status quo. Charter language remains unchanged.
Budget, accountability, and impacts as outlined above.
2. Remove the election requirement from the charter.
Budget: No immediate impacts. Budget allocation for council salaries
could increase with future council action.
Accountability: Decision-making would shift from voters to the council.
Community/council impacts: Proponents argue that the council should
be allowed to administer salary increases without assuming the burden of
a city election; critics believe the voters should be the arbiters of council
salaries.
3. Implement a specific salary-level in the charter along with requirements
for periodic n~view and/or pay increases.
Budget: Budget impacts will depend on the specific proposal. For
example, if council members were paid for twenty hours a week at the
current living wage level of $11.44/hour, the monthly bill would be
approximately $7,207 (seven elected officials each working 90 hours a
rnonth), or lnore than $86,000 annually.
Accountability: After initial charter approval, all pay raises would be
predicated on a specific formula or review process.
Communi~y/council impacts: Proponents argue that more significant
salary levels would encourage prospective council candidates who now
feel that serving on the council is too much of a financial burden.
Conversely~, critics argue: 1) that it is inappropriate to allocate extensive
city funding to support elected officials; and, 2) that substantive salary
levels would encourage council members to become too involved in city
administration.
2