HomeMy WebLinkAboutReport: Draft (John Enders)
ASHLAND CHARTER REVIEW COMMITTEE
Report & Recommendations
June 30, 2005
Introduction and Background:
In May 2004 the Ashland City Council passed Resolution No. 2004-10, “A
Resolution Creating the Charter Review Committee.” It authorized a committee of nine
voting and one alternate members, all residents of the city, two members of whom were
to be former elected city officials with seven “at large” members.Then-Mayor Alan
DeBoer appointed 10 members to the committee; the committee in establishing its
organizational rules allowed all members to vote. One member resigned within several
months, and the other nine began meeting in July 2004. The committee met, usually
bimonthly but sometimes more often, until the end of June 2005.
The committee soon decided that more than a simple cursory review of the city
Charter was needed, and began a systematic review and revision of the Charter. This
report summarizes the findings of committee, and its public process, and lists the
recommendations we are making to the Ashland City Council and the voters of Ashland
regarding our proposals for changes to the Charter.
(See Appendix 1, Resolution establishing committee; Appendix II, Expectations of
Charter Review Committee)
Purpose and Overview
The primary function of the Charter Review Committee has been to review the existing
Charter to determine if it will adequately serve the community well into the future. If
necessary, the committee was 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 was intended to be impartial, non-biased, and free of any perceived
political gain. It was allowed by the City to approach its task in whatever means that
resulted in a document or changes that best serve the citizens of Ashland.
Throughout its deliberations and public-input processes, the committee adhered to the
Oregon Public Meetings laws, and attempted to include the community beyond the
requirements of the law. Because the City Council encouraged 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, committee
members held several public forums on various issues related to its deliberations, took
public input at all of its meetings,and members appeared before several small and large
community and civic groups, ranging from the Pacific Green Party to the Ashland Rotary
Club.
Former city staff and elected officials were invited to speak to the committee about their
views of the current charter from a legal, practical and political standpoint.
In addition, the committee adopted a public education/involvement plan (see section on
section related to public input) and made a number of efforts to reach the community
beyond the regular meetings by speaking to service groups, holding public forums and
providing information to the local media.
The public was invited to attend all committee meetings, which were generally held on
the first and third Thursday of each month. The meetings were televised on RVTV
Channel 9, and archival text and video files were maintained and made available by the
City of Ashland on the city’s website. Those files include streaming video of our
meetings, agendas and minutes of all meetings, and other information submitted to or
among the committee. Information on committee meetings also was widely disseminated
via the Internet on community listservs.
The committee is making no recommendation on how or when the council might put its
recommendations before the voters. The earliest possible date that an amended charter
could be placed on the ballot is in November 2005.
The city engaged the services of Tom Sponsler, a consultant with expertise in charter
reviews and revisions who was contracted to assist the committee as detailed in the
attached Expectations of the Charter Review and Revision Consultant. (Appendix II)
Membership
The committee was comprised of members Michael Reideman, Keith Massie, Kate
Culbertson, Don Montgomery, Hal Cloer, Laurie McGraw, Pam Walsh, John Enders and
Carole Wheeldon.
The city attorney attended most meetings and acted in an advisory role and a current city
employee will staff the committee. Ann Seltzer was primary city staff contact for the
committee.
ISSUES:
Once the committee began studying the charter and taking public input on the charter
review process, it became clear there were a number of “clean-up” or “housekeeping”
matters involved in the revision, other issues that had potential for inclusion in the
revision process, and a separate category of issues that were politically sensitive or
significantly more important issues. In the first category, our consultant as wellas former
City Attorney Paul Nolte concurred that a number of sections of the Charter no longer
conformed to state law. Nolte’s memo to that effect is included here as Appendix III.
The committee eventually decided to focus its time and energy researching and
key issues
deliberation on a list of . They included:
?
Mayor-manager structure/roles/relationship
?
Mayoral veto/ability to vote on council issues
?
Election of the city recorder
?
Election of the municipal judge
?
Election/powers of the Park Commission and related issues re: the organization of
the Parks Department
?
Election of city council by positions
?
City Band
?
City council term limits
Timeline
The committee established a timeline in which to take public input, hold public forums
and deliberate to a decision on the issues listed above. June 21 was selected as the date by
which the committee would makes its final report to the City Council. An accelerated
meeting schedule was adopted to make that deadline. Later, additional meetings in May
and June 2005 were added and June 30 was selected as the final meeting date of the
committee, with a report to the City Council tentatively scheduled for the following
months, July 2005.
After nearly a year of study and deliberation, the following recommendations were made:
Recommendations:
1.Issues No. 1 and No. 2 were consolidated into a larger issue, title “Structure
of Government.” (Author: Don)
(INSERT HERE)
Election of City Recorder (Author: John
2.)
History: The election of city recorder is unusual in Oregon; most are appointed. This
issue was identified as a politically sensitive issue early in the process. The committee
deliberated on the issue: Should the city recorder be an administrative position appointed
by the mayor, or the council, or continue to be an elective position?
Under the current City Charter, the Recorder is the only fulltime city official who is
elected by the citizens. The office of City Recorder in 2005 has a budget of $172,375.
The Recorder’s salary is set in the charter and rises annually based on an average of all
senior city administrators. There was some concern about potential overlap between the
responsibilities of the Recorder and the City Treasurer, and about whether the Recorder
should be elected or appointed.
Research: The committee interview the current city recorder and other city officials and
residenta at large about the issue, and solicited input and recommendations from legal
and other experts. There was considerable input from the public at several public forums
and during our meetings deliberating on the issue.
Public Input: The committee publicized its consideration of the issue, and took public
input at several public forums. The independence of the current elected Recorder was
adamantly defended by many, as was the sense that the Recorder was “close to the
people” by being directly elected. There was some state concern, both among committee
members and among interested citizens, that a change from elected to appointed Recorder
would undermine and independence of the position. There was also not any strong
arguments that the system as it currently exists isn’t working well. The committee’s main
concern was having the salary be set in the Charter. The committee generally sought to
move away from having salaries, or any dollar amounts, in the Charter.
The committee considered several alternatives: They included:
A. Recorder remains elective position; charter language is cleaned up to bring it in
line with state elections and other laws.
B. Recorder position remains in the Charter, but is not elected by a popular vote.
Instead, the position is filled much like the City Attorney and reports to the City
Council; Charter language is cleaned up as in No. 1;
C. Recorder position would be removed from the Charter and become an appointive
position reporting to the City Administrator/Manager; Charter language would be
cleaned up as in Alt. 1 and 2
Recommendation: The committee adopted Option No. 1 as its recommendation, and
also recommends the City Council establish an Ordinance setting salary level for the
Recorder, and the City Council review existing Ordinance 208 for possible overlap
and conflicts with role and duties of Director of Finance. (Other related issues such
as the overlapping responsibilities of the recorder and treasurer would be left to a task
force the committee recommends be formed by the City Council.???)
3.Election of Municipal Judge (Author: John)
History: The committee identified this as a politically sensitive issue early in our
deliberations. The committee sought input and deliberated on this issue: Should the
Municipal Judge continue to be an elective position, or should the city contract for
judicial services? Under the existing Charter, the Judge is elected by the people. The
Municipal Court budget in 2005 is $297,427. The Municipal Judge’s salary is set in the
charter and rises annually based on an average of all senior city administrators.
The judge is not required to be a resident of Ashland, works part-time and maintains a
court staff. He/she does not report to any supervisor.
Research: The committee sought input from the current judge and other current and
former city officials and residents at large. There was considerable input from the public
at several public forums and during our meetings deliberating on the issue.
Public Input: The committee took public input during two forums, and during other
meetings as well. Many residents talked of the need to maintain “local” control over
justice system. An issue that surfaced later was the cost of doing so.
Some support was voiced for requiring the municipal judge to reside within the Ashland
School District. Comment was made that more research needed to be done into the option
of separating the recorder and treasury duties.
Initially, the committee (Carole Wheeldon/Hal Cloer m/s) voted to recommend to the
council that they appoint a task force or committee to study the issues of the city recorder
and municipal judge in additional depth and make a recommendation to the council.
The committee considered several alternatives:
Option 1: Judge continues to be elective position. If this alternative is chosen, the
committee suggests the City Council review powers and duties of the Judge. Currently,
the judge’s salary is established in the Charter; the committee suggests removing
reference to salary from the Charter.
Option 2: Judge becomes an appointive position reporting to the City Council, as
described in “Model Charter” language (see Appendix III)
Recommendaton: The committee found no substantial reason or need to change the
position from elective to appointive, but recommends the City Council review the
salary and that said salary be removed from the Charter. The judge should be
required to be a city resident. Compensation issues for judge should be left to the
Budget Committee.
4.Election/powers of the Park Commission and related issues re: the
organization of the Parks Department (Author: Laurie)
PARKS AND RECREATION
(draft1: 6-6-05 L. MacGraw)
I.
History and Explanation
The committee considered the following questions: Should the P and R
Commission continue to be elected or be appointed by the City Council?;
Should the Director of P and R continue to be supervised by the elected
commission or be under the supervision of the City Manager?
2. Background:
1. 1908: Ashland’s P and R Dept established with its own taxing authority
2. 1970: Charter revision kept P and R autonomous with tax authority.
3. 1980s: recreational serial levy established, yet discontinued with YAL
. 4. 1990: Open Space Program established.
5. 1997: Ballot Measure 50 eliminated Park’s special levy, (property) tax
levy, thus bringing P and R budget into the general fund.
Research:
Interviews were conducted with numerous individuals that have been directly and
indirectly involved in City government, P and R, City Budget Committee and City
Council. (see white paper).
3.Summary of Public Input: (see appendix 2)
The committee sponsored a Public Forum at SOU on January 20, 2005. Approximately
70 people attended. Approximately 90% of participating citizens voiced support for an
elected commission. A few people preferred an appointed board so to control spending
power, increase expertise among board members and to keep personnel matters under
City Administrator’s control. A majority of participants support P and R as a separate
department of the City. A minority voiced strong preference against P and R autonomy:
overlap of services with other City divisions.
In May, the committee also sponsored a Public Round Table Discussion at SOU, with six
attending.
4.Summary of Deliberations and Committee’s Recommendation:
a.Discussion: the degree of power that the P and Commission has was
reviewed and questioned as to the level of expertise that is necessary to be
on the commission. It was suggested that 2 or 3 commissioners be elected
and 2 or 3 be appointed. Discussion also encompassed whether Ashland
parks and recreational programs would suffer if the Department was
managed under the city administration. The value of P and R for the City
was also capitalized on in terms of Ashland’s character, esthetic beauty
and quality of life.
b.Alternatives: (see appendix 3): it was moved and seconded and motion
passed 8-1 for Alternative 1. which states: “Leave reference to the Parks
and Recreation Department in the Charter. Combine Articles 19 (Parks
Commission) and 22 (Recreation Commission) and streamline language.
Budget: Remove the funding formula as it is obsolete. Continue to fund
Parks and Recreation as an autonomous department of the City.
Accountability: Retain the elected Parks and Recreation Commission and
Director under their supervision.
c.Additional Recommendation to the Council: the preservation of the Park
and Recreation budget is an integral part of the Park’s success.
Consideration of an ordinance that would formalize park funding is
recommended.
5.Election of councilors (Author: Michael)
(REFER to Michael’s reports)
6.City Band (Author: Kate)
(INSERT here)
7.Council Term Limits: This issue was dropped from consideration
ADDITIONAL RECOMMENDATIONS:
Periodic Charter Review
The committee deliberated the periodic charter review issue. Several comments were
made supporting review but it was questioned if a particular date should be set or if it
should be done on an as needed basis. Statement was made that the elected officials
should determine when it is appropriate to undertake the review process. Opinion was
expressed that the longer you wait, the more difficult it is. Additional comment was made
that unless a date for the review is set, it will not get done.
Recommendation: The committee voted unanimously to insert Charter language
that requires the City Council to convene a Citizens Review Committee at minimum
every ten years.
Recommendation: Water
\
The current language in the Charter reads:
"Section 1. Public Utilities - Water Works. The City of Ashland, a municipal
corporation, shall have the power to provide the residents of said City with such
services as water, sewer, electric power, public transportation and such other
public utilities as the people desire by majority vote; and to exact and collect
compensation from the users of such public utility; provided, however, that any
and all water and water works and water rights now owned or which may
hereafter be acquired by said City, for the purpose of supplying the inhabitants
thereof with water shall never be rented, sold or otherwise disposed of; nor shall
the City ever grant any franchise to any person or corporation for the purpose of
supplying the inhabitants of said City with water."
Recommendaton: The committee voted to retain current language in the Charter
prohibiting the export of city water, but to amend the language to include
clarification recommended by City Attorney Mike Franell “that any and all water,
water works and water rights now owned or which may hereafter be acquired by
said City for the purpose of supplying inhabitants or any business or
corporation located within the City for their business purposes therein with
water shall never be rented, sold or otherwise disposed of…". It was noted that
the intent of this amendment was to retain the current provision, but allow
businesses located within the City limits to be provided with water as well.
Recommendation: The committee voted to not recommend adopting an Instant Runoff
Voting (Preference) voting system in Ashland, because of concerns about the legality and
the potential cost of adopting such a system. The committee also agreed to make note of
the community support for IRV.
Appendix I
Appendix II
Operating Policies and Procedures July 2004
Regular Meetings
1) Committee will meet on the first and third Thursday of every month unless changed by
a majority of the committee at a regular meeting. Regular meetings will begin the third
Thursday of September.
2) Meetings will occur in council chambers so that they may be televised and taped.
3) The committee will consider written and oral testimony offered during the charter
review process. Public testimony will always occur during Public Forum and be limited
to three minutes per speaker. Public testimony may, on occasion, be taken on specific
agenda items when noted on the printed agenda.
Attendance, Quorum
1) Three consecutive unexcused absences equal resignation.
2) Members will be notified after a second consecutive absence to allow an opportunity
to attend future meetings.
4) Members unable to attend shall notify the staff liaison by phone or e-mail in advance
of the regular meeting.
6) A quorum of at least six committee members must be present to conduct business at
any meeting. A majority of a quorum is necessary to adopt any motion.
7) A quorum for the final report is two thirds of the committee membership at the time of
voting.
8) Items that have been acted on may not be brought forward again without consent of a
majority of the committee.
Subcommittees
1) Subcommittees may be formed for the purpose of gathering information and forming a
recommendation to be brought forward to the full committee. However, only the full
committee can vote on and accept the recommendation. Subcommittees must meet the
requirements of the Oregon Public Meetings law.
2) Subcommittees are encouraged to submit to staff a brief summary of the meeting to for
inclusion in the upcoming full meeting packet.
Motions
1) The chair will strive to reach consensus of the committee whenever possible.
2) Motions on changes to the charter constitute tentative approval of such changes
pending approval of the final report to the city council.
DRAFT
Consultant
1) The consultant will act in an advisory role to the committee.
2) The consultant will review the existing charter, identify needed changes and updates,
perform a legal review of the current charter, compare the existing charter to the model
charter and present the information at the first regular meeting of the committee for
committee review.
3) Prepare and explain substantive provisions for consideration, draft alternative political
provisions for discussion and consideration.
4) Draft a charter and revise the draft based on input from the committee.
5) Prepare a final version of the new charter for committee review and council approval.
Prepare a ballot title and explanatory statement.
6) Attend a final meeting in Ashland for presentation to the city council.
Staff
1) The city attorney or designee will act in an advisory role to the committee.
2) Staff will support the work of the committee and assist the chair/vice chair in
preparing the agenda. Agendas, minutes and other written material will be mailed
electronically in advance of the meeting by staff. Staff will conduct research for the
committee; send invitations to speakers/guest requested by the committee. Should the
committee require additional staff support beyond what is provided, a request should be
made to the city administrator.
3) Comprehensive minutes will be prepared from each meeting and will be sent to
committee members prior to the meeting.
4) Staff will post to the city's web page all information related to the committee's
proceedings.
Miscellaneous
1) Roberts Rules of Order will govern decisions at meeting.
Appendix III
From: Paul Nolte
To: Ann Seltzer
Date: 2/4/04 3:55PM
Subject: Examples of outdated charter provisions
5/18/04: also add debt limitation provision in Article IX, section 5, and
Article XVI, public utilities, water works.
Ann, this is by no means an exhaustive list but here are some of the outmoded,
antiquated, obsolete or superceded portions of the existing charter that need to be
examined.
Article IX, Section 1. Provides that the city can sentence a code violator for a "term at
hard labor" not exceeding 60 days. I don't think we even know what that means much less
actually sentencing someone to it.
"Section 1. Violation of Charter, Ordinance and Laws. The Council, at any regular or
adjourned meeting, shall have the power within the limits of the City of Ashland to enact
laws, ordinances and pass resolutions not in conflict or inconsistent with the laws of the
United States, the State of Oregon, or the provisions of this Charter; and to provide for
punishment of any person or persons found guilty by a competent tribunal of the violation
of any such laws, ordinances, or any of the provisions of this Charter, by fine or
imprisonment of such offender, until such fine and costs are paid; and to provide for the
working of such persons so convicted on the streets of the City or at any other work, and
to provide the compensation therefor to be applied on such fine and costs; but no fine
shall exceed the sum of $500 and the costs of prosecution, nor shall any imprisonment or
term at hard labor exceed 60 days."
Article IX, Section 2(b). Flood Damage Restoration Bonds. This section authorizes flood
bonds for the 1974 flood. Decades ago general obligation (GO) bonds had to be
authorized by charter amendment. GO bonds still require a vote of the people but it is no
longer necessary to cobble up the charter for each special bond authorization.
"Section 2(b). Flood Damage Restoration Bonds. In addition to the indebtedness
otherwise authorized by law and by this Charter, the City Council of the City of Ashland
shall have the power and authority to issue the general obligation bonds of the City in
such amounts and with such maturity dates as the City Council shall, in its discretion,
deem advisable in an aggregate amount not to exceed Seven Hundred Fifty Thousand
Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in
accord with current construction standards of the City's water, sewer, electrical and storm
sewer systems; City streets and bridges and watershed roads and bridges; Lithia Park; the
repair of riprap at the Ashland Airport; and the purchase of a dredge for the removal of
present and continuous accumulations of silt in the City's water reservoir; and to further
provide that all state or federal funds received to assist Ashland in repair of flood damage
shall be used for that purpose or to pay principal and interest on these bonds and for no
other purpose; and shall have the power and right to designate the manner and time of
payment of said bonds and the interest thereon, provided that considering any discounts
or premiums paid, the effective rate of interest on such bonds shall not exceed that
allowable by the laws of the State of Oregon. The power herein granted shall be exercised
by the Council without submitting the question to a further vote of the electors and the
bonds issued in pursuance to this Article shall not be subject to the limitation on bond or
other indebtedness elsewhere contained in the Charter of said City."
Article IX, Section 2(c) Hospital Improvement Bonds. This section authorizes bonds for a
long ago hospital expansion. The section should be removed from the charter.
"Section 2(c). Hospital Improvement Bonds. In addition to the indebtedness otherwise
authorized by law and by this Charter, the City Council of the City of Ashland shall have
the power and authority to issue the general obligation bonds of the City in such amounts
and with such maturity dates as the City Council shall, in its discretion, deem advisable in
an aggregate amount not to exceed Three Hundred Sixty Thousand Dollars ($360,000.00)
for the purpose of financing the design and construction of additions and improvements
to the Ashland Community Hospital; and shall have the power and right to designate the
manner and time of payment of said bonds and the interest thereon, provided that
considering any discounts or premiums paid, the effective rate of interest on such bonds
shall not exceed that allowable by the laws of the State of Oregon. The power herein
granted shall be exercised by the Council without submitting the question to a further
vote of the electors and the bonds issued in pursuance to this Article shall not be subject
to the limitation on bond or other indebtedness elsewhere contained in the Charter of said
City."
Article XI, Section 1. Condemnation. This section provides for a process for condemning
property for public use. The procedure is now controlled entirely by statute and this
section is obsolete.
"Section 1. Condemnation. Any necessity of taking property for the City by
condemnation shall be determined by the Council and declared by resolution of the
Council describing the property and stating the uses to which it shall be devoted. The
procedure for the condemnation shall be as ordained by the Council or provided by State
law."
Article XI, Section 2. Improvements. This section authorizes special assessments for
public improvements and requires suspension of the improvement "except for sidewalks"
for six months upon the filing of remonstrances. I do not know why sidewalks have been
excepted from the remonstrance provision.
"The procedure for making, altering, vacating or abandoning a public improvement shall
be governed by general ordinance or to the extent not so governed, by applicable general
laws of the State. Action on any proposed public improvement, except a sidewalk or
except an improvement unanimously declared by the Council to be needed at once
because of an emergency, shall be suspended for six months upon a remonstrance thereto
by the owners of two-thirds of the land to be specially assessed therefor. In this section,
"owner" shall mean the record holder of legal title or, where the land is being purchased
under a land sale contract recorded or verified to the Recorder in writing by the record
holder of legal title to the land, the purchaser shall be deemed the "owner".
Article XI, Section 4 . Bids. Comprehensive competitive bidding laws applicable to all
cities were adopted by the state in the mid-70s. Competitive bidding requirements are
contained in a multitude of state statutes and administrative rules. This section is now
obsolete.
"Bids. All jobs or contracts for constructing, repairing, ornamenting or improving any
public place in this City or out of it, the expenses of which are to be paid out of the City
Treasury, and the probable cost of which will exceed $500, shall be advertised in a
newspaper of wide and general circulation published in the City of Ashland for ten days
before the closing of the bids, and shall be done in accordance with the plans and
specifications approved by the Council. The Council shall have the right to reject any or
all bids without incurring any liability for such rejection."
Article XII, Section 3. County Road Tax. This section needs to be analyzed. I'm not
familiar with any county road tax within the city and the city does not impose one.
"County Road Tax. The territory within the limits of the City of Ashland as now existing
and as may be hereafter extended is hereby excepted out of the jurisdiction of the County
Court of Jackson County for licensing purposes and road purposes, and the City Council
shall have full and exclusive jurisdiction over the same. The inhabitants of the City shall
be exempt from the payment of road taxes and assessments of the property within the
City for road work, except such taxes as may be levied and assessed by the City Council,
and all such taxes shall be placed in a separate fund and used for street purposes within
the limits of the City and not otherwise."
Article XIV, Section 4. Interest in City Contracts. The state now has a comprehensive
code of ethics applicable to all public employees. This section is no longer necessary.
"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 member, 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."
Article XVII, Section 2. Hospital. This section authorizes additional hospital bonds. See
Article IX, Section 2(c) above why this section is obsolete.
"The Council is hereby authorized to issue and sell, in manner and form as in its
judgment it may deem best, general obligation bonds of said City in a sum not to exceed
$350,000.00 for the purpose of providing funds with which to purchase real property for
a hospital, construct a building or buildings to be used for hospital purposes, and equip
and furnish said hospital in and for said City."
Article XX, Section 1. Municipal Airport. This section empowers the city to operate a
city airport. Specific authority in the charter is not necessary for the city to operate an
airport.
"Section 1. Power. The City of Ashland is hereby given the power and authority to
acquire, own, conduct and operate a municipal airport either within or outside the limits
of the City of Ashland, under the authority and direction of the Council."
Article XXI, Section 1. City Band. This section authorizes a tax levy for the city band.
After the constitutional amendments by statewide measures 47 and 50 in the late 90s it is
likely that this authorization is no longer necessary.
"Section 1. At the time of making the tax levy for general City purposes each year, the
Council shall cause a careful estimate to be made of the money required for the purpose
of a City Band for the ensuing year, such estimate shall be presented and considered with
the other items in the annual budget and there shall be included in the general levy for the
ensuing year not to exceed six-tenths (.6) mills on the dollar for such band requirements,
which fund, when collected, shall be deposited with the City Recorder, subject to the
order of the Council."
Paul Nolte, Lawyer
P.O. Box 104
Ashland, Oregon 97520
541-821-2271
law@ashlandhome.net