HomeMy WebLinkAbout2005-1003 Study Session Packet
Barbara Christensen
City Recorder
Council Meeting Packet
CITY OF
ASHL1\ND
AGENDA FOR STUDY SESSION
ASHLAND CITY COUNCIL
October 3, 2005
Civic Center Council Chambers
1175 E. Main Street
5:00 p.m. Regular Study Session
I. CALL TO ORDER
II. ROLL CALL
III. STUDY SESSION TOPICS
1. Charter Recommendations Next Steps [30 minutes]
2. Additional Charter Recommendations Presented by Art Bullock [30, minutes]
IV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Administrator's office at (541) 48B-6002 (TTY
phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City
to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-
35.104 ADA Title I).
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ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
phone: 541-488-6002
fax: 541-488-5311
tty: 800-735-2900
11r.1I
Ir_~
\... II Y IU F
ASHLj\ND
Council Communication/Study Session
Charter Recommendations Next Steps
Meeting Date: October 3,2005
Department: rtjministration
Contributing ments:
Approval:
Primary Staff Contact: Ann Seltzer
ann@ashland.or.us
Secondary Staff Contact: Gino Grimaldi
g rimaldig@ashland.or.us
Estimated Time:
Statement:
In April the charter Review Committee made a presentation to the council on the work of the cmnmittee. At
that time the Council asked for legal language of the proposed charter changes to be brought forw'ard after the
charter committee had completed its final report.
The purpose of this communication is to propose the next steps for council to review the legal language for
proposed changes. The draft legal language, or ballot title, will be written by charter consultant Tom Sponsler
and will include the caption, the question, a summary and actual charter language.
After reviewing the legal draft, council can then detennine which items brought forward by the charter review
committee will be placed on the ballot.
Background:
The Charter Review Committee presented its final report to the Council on July 19, 2005 and formally requested
that the council disband the committee. The council agreed to postpone the fonnal disbandment of the
committee until the Mayor is present.
The Charter Review Committee recommended adopting the fonnat of the Oregon Model Charter, incorporating
specific recommendations and removing outdated and superfluous language and all language associated with
salaries, funding, etc. In addition, the committee recommended further research into duties associated with the
City Recorder, Municipal Judge salary, language related to selling Ashland water and language related to the
hospital and cemetery.
Proposed Next Steps for Council
Step 1
Tom Sponsler will draft the Ashland Charter based on the recommendations from the Charter Review
Committee and present the draft at the study session on Monday November 7. Council 'will review the
draft and determine which of the items should be submitted as a separate measure.
1) Review draft language with the assistance of subcommittee of existing charter committee
melnbers.
2) After public input and council deliberation determine which if any recommendations be placed
on the ballot.
3) Once council approves the draft language forward to Jackson County for placement on the
ballot.
1
After the election and depending on the results, Sponsler would incorporate those measures that were
passed by the voters into a final document.
Proposed Timeline
Ballot measures must be received by the county 90 days in advance of the election. Working
backwards from the May election, staff suggests the following timeline.
· November 7 Study Session (first Monday), presentation by Tom Sponsler and review of draft
charter with reconirtlendedchanges.
· December 5 Special Meeting (first Monday), in lieu of Study Session, council determines
which items to remain in the draft charter, which items to "call out" as separate measures.
· January 12 Special Meeting (second Thursday), in lieu of Study Session, council approves
final ballot language to forward to the county for the May election.
~
Step 2
The Charter Review Committee recommended that further research is needed for the following:
· Duties of the City Recorder, particularly those associated with treasurer duties, and
the current lack of mandatory qualifications for the position as stated in the charter,_
Article VI, Section 2 and in AMC 2.08.020.
· Whether or not there should be compensation for the Municipal Judge.
· Clarify current language in Article XVI, Section 2 of the charter regarding water
works. The City Attorney drafted alternative language and the committee did not
feel they had adequate time to review and understand the particulars and that the
language associated with the selling of water should be handled by the Council.
· The committee felt it was important to include a reference to the Hospital and the
Cemetery in the charter however they did not have a full understanding of the
relationships as they exist today and felt it appropriate for the Council to addresses
these two provisions.
Suggested Actions
· Appoint a small committee from the charter review committee to review current duties of the
City Recorder (Charter and AMC) and compensation of the Municipal Judge and bring a
recommendation back to the council.
· Direct the City Attorney to present to the council an overview of Article XVI, Section 2 for
clarification purposes and to review current language regarding the hospital and cemetery and
draft updated language that reflects the current relationship between the city and the hospital
for council approval.
Staff RecommE~ndation:
Discuss the proposed next steps, proposed timeline, and suggested actions and direct staff to
proceed to implement the results of the Council discussion.
Attachments:
· Charter Review Committee final report.
· Oregon 110del Charter
2
ASHLAND CHARTER REVIEW COMMITTEE
Final Report & Recommendations
July 1, 2005
Introduction and Back2round:
The Ashland City council initiated a charter review process in May 2004 with the:
authorization of a 10-member ad hoc citizen Charter Review Committee. The ne'wly
constituted committee was directed to conduct an independent assessment of the existing
charter (last reviewed in 1978) and, if necessary, to draft a new or amended docUJment
suitable to "serve the community well into the future-."- - Appointed by Mayor Alan
DeBoer, the committee began work in July 2004. Our ranks included co-chairs John
Enders and Carole Wheeldon, and members Hal Cloer, Kate Culbertson, Laurie
MacGraw, Pam Marsh, Don Montgomery, Keith Massie, and Michael Riedeman.1
The committee quickly realized that the task at hand would require more than a cursory
review, and we agreed to undertake a systematic and comprehensive analysis of the
charter. After a year of study, we are now forwarding our findings to the City council. In
order to be enacted, charter revisions will need to be placed on the ballot by the council
and approved by voters in a citywide election.
Our work was ably staffed by Ann Seltzer, who fielded a tremendous number of requests
from committee members and interested residents. City Attorney Mike Pranell and
Assistant Attorney Mike Reeder provided legal guidance, and Nancy Slocum and April
Lucas provided us with minutes. In addition, the city engaged the services of Tom
Sponsler, a consultant with expertise in charter reviews and revisions and the author of
the Oregon Model Charter, who was contracted to assist the committee.
This report summarizes our recommendations and work schedule over the past year.
(See Appendix 1: Council Approved Documents Establishing the Charter Review
Committee)
Public Input Process
Prom the beginning the committee understood that public involvement and testilnony
were critical to our mission, and we attempted to include the community beyond the
requirements of the law. Throughout our deliberations the committee adhered to the
Oregon Public Meetings laws, and, whenever possible, meetings were broadcast live on
1 Unfortunately, our tenth member, Roy Bashaw, resigned in December 2004.
1
RVTV (later available as streaming video on the city's website). We scheduled a public
input session into each meeting agenda, and we planned a series of public forums and
other outreach efforts to solicit comment. These efforts included:
../ Committee interviews with current and former elected and appointed officials.
../ Presentations to the Lions Club, Rotary, Chamber of Commerce, Green Party, and
Le:ague of Women Voters.
../ Creation of an information brochure for distribution at public events
../ Articles in City Source.
../ Development of an employee survey designed to solicit input from city staff
../ Solicitation of extensive coverage in the Daily Tidings and, to a lesser extent, the
Medford Mail Tribune.
../ Submission of letters to the editor and op-ed articles explaining the charter
process.
../ Development of research documents (white papers and, later, topic papers) that
investigated specific issues.
../ Utilization of the city of Ashland web site. All committee documents have been
posted on the web in order to maximize public access and encourage input.
../ Use of a Charter listserv to disseminate information and discussion.
../ Appearances on R VTV. In addition to the regular broadcast of our meetings,
co:mmittee members participated in two interview shows focused on charter
reVIew.
../ Establishment of a public outreach subcommittee to plan and coordinate efforts.
Public forums included:
../ A January 20th meeting at the SOU Rogue River Room attended by approximately
75 community members. This meeting was structured with small breakout groups
in order to provide and overview of charter review and to gather initial public
co:mment.
../ An April ih meeting, also at SOU, focused on structure of government attended
by approximately 30 people. Roundtable discussions invited residents to discuss
th(~ qualities/elements that enable government to provide good public service.
../ Issue forums. In addition, we scheduled a public input session on each specific
issue prior to committee debate.
Despite our best efforts, the committee was disappointed with the overall level of citizen
participation. We realize, however, that the City council has an opportunity to generate
significant public input during your review of our recommendations. A later section of
this report ("Next Steps) suggests possible courses of action.
(See Appendix II: Public Information Materials)
2
Structure of Recommendations
Preliminary study and expert testimony enabled the committee to sort potential charter
revisions into three areas of concern: 1) outdated charter language usurped by state law;
2) charter provisions that could be better legislated in the form of city ordinances; and, 3)
structural-and political- provisions that seemed to warrant evaluation.. Analyses.produced
by former city attorney Paul Nolte and by committee consultant Tom Sponsler
highlighted significant sections of the charter containing outdated or extraneous
language.
After extensive discussion, the committee decided to adopt the Oregon Model Charter
(developed by the League of Cities) as a template for the revised Ashland city charter.
Our intent was to produce a document that clearly identifies the authority and
accountability of local government and that reflects current state law. At the samt~ time,
the new streamlined charter would need to reflect the specific history and character that
defines the Ashland community. Eliminating outdated language was easy; tackling
sensitive political questions posed a much bigger challenge.
As a result, the committee agreed to spend most of our time focused on a few key issues
critical to the conduct of local government:
./ The mayor-manager/administrator relationship
./ Mayoral veto/ability to vote on council issues
./ Appointment of city commissions/committees
./ Election of city council by positions
./ Election of the city recorder
./ Election of the municipal judge
./ Election/powers of the Parks Commission and related issues re: the organization
of the Parks Department
./ City Band
Later in our discussions we identified two additional issues that seemed to warrant
investigation: 1) council salaries; and, 2) periodic charter review.
Kev Recommendations
1. The City of Ashland should be governed by a partnership between the
elected mayor (the political leader), a city manager (the administrative
leader), and the council (the legislative body). Elected officials are cbarged
with responsibility for developing policy; the city manager should implement
that policy~Tbe manager's administrative powers should be expandt~d to
include staff supervision (hiring, firing, and general accountability).
Background: Article 4, Section 2 of the existing charter stipulates that the elected
mayor is the "executive officer of the municipal corporation." Article 13 further
delineates the mayor's powers, noting that s/he may "suspend and remove any appointive
3
officer at any time." In effect, the charter empowers the mayor to assume a range of
administrative powers; in theory, the city administrator is responsible for implementing
policy, but hislher managerial authority can be overshadowed by the mayor's broadly
defined powers.
Discussion: . Proponents of the existing language argue: 1) that the mayor's position as an
elected official should empower him/her to serve as a hands-on administrator; and, 2) that
designation of a city manager could concentrate too much power in the hands of an
appointed official. Conversely, critics of the current system believe: 1) that the size and
complexity of city issues require professional management; and, 2) that policy is best
created and implemented via a respectful partnership forged between elected and
appointed officials.
Outcome:: Understanding and analyzing the appropriate roles and responsibilities that
should be assumed by elected and appointive officials consumed months of the
committe(~'s efforts and generated significant interest from elected and appointed officials
(current and retired) and from members of the public. In the end, the committee
approved this recommendation via unanimous vote.
In a subsequent motion (approved 7-1), the committee agreed that the council and mayor
together should be responsible for hiring and firing the manager.
Finally, the committee augmented the recommendation by unanimously voting to adopt
language in the model charter that clarifies that the council should "determine the rules
governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and
dismissal of city employees" that will guide personnel decisions.
Specific duties delegated to the mayor and city manager are detailed in the appendix.
(See Appendix III: Structure of Government)
2. Tbe Ashland mayor should vote on all issues before the council; at the same
tinle, the mayor's veto power should be eliminated.
Background: Article 4, Section 3 of the existing charter stipulates that the mayor of the
city is allowed to vote on issues before the council only in the case of a tie. At the same
time, the n1ayor is required to approve or veto all measures within five days of passage.
The council is allowed to overturn a mayor's veto via a two-thirds (4 of 6) vote.
Discussion: Proponents of the existing framework argue: 1) that the mayor's non-voting
status better equips him/her to facilitate meetings and provide political leadership; 2) that
the mayor~' s veto power is an appropriate tool used to force the council to re-evaluate
hasty or ill-considered decisions. and, 3) that veto power conveys more political leverage
than the ability to vote.
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Conversely, critics state: 1) the mayor's non-voting status clouds the public's
understanding of his /her position on the issues; 2) application of the veto produces
contention instead of consensus; and, 3) that the mayor's ability to cast a vote is a
stronger investment of political power than is contained in the occasional veto.
Outcome: The recommendation w_as endQrsed by the committee on a 6-3 vote. f\..
subsequent motion that the veto be retained in addition to the mayor's new voting power
failed, 7-2.
If approved, the mayoral vote will eliminate an anomaly in the existing charter. (fnder
c1.UTent conditions, the council is allowed to meet if three members plus the mayor are
present. In this circumstance, as few as two council members can constitute a majority.
If the mayor becomes a voting member, at least three votes will be required to approve
any measure.
(See Appendix III: Structure of Government)
3. The mayor should continue to appoint members of city commissions ~!lnd
committees, subject to council approval.
Background: Under current practice, the mayor is responsible for appointing m(~mbers
of city commissions and committee members, subject to council approval.
Discussion: Proponents of the status quo argue that the mayor's appointment pow"ers
allow himlher to appropriately set the political tone and direction of the city. Conversely,
critics claim that this structure concentrates too much power in the hands of mayor; they
argue that the council should be allowed to nominate and approve candidates for
appointment.
Outcome: The committee voted 8-1 in favor of the recommendation, effectively
retaining the status quo. A second motion that would have specifically allowed Planning
Commission members to be proposed and appointed by the mayor and council failed, 7-
1.
(See Appendix III: Structure of Government)
4. The current position system for selecting council members should be
eliminated in favor of citywide, at-large elections in which the top three vote
getters win the council seats at issueu .
Background: Article 8, Section 2 of the city charter delineates the existing system that
governs selection of city council members. Existing language requires council nlembers
to be elected by position number (one through six); each candidate is required to
5
designate the number of the council seat to which he or she aspires. A candidate may run
for one position in any given election.
Discussion: Proponents of the status quo argue: 1) that the existing system produces
richer debate and greater clarification of issues; 2) that the position system lends stability
to local governmenthy protecting incumbents from political movements that might be
orchestrated to sweep sitting councilors from office; and, 3) that the position system may
allow less-well known candidates to achieve office. Conversely, critics believe: 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.
Outcome: This was among the committee's more contentious recommendations,
approved in a 5-4 vote. Related issues that the committee discussed and dismissed for
lack of interest included changing the number of council members, imposing term limits, __
and adopting a ward system for council election.
The comnlittee also discussed the possible adoption of charter language that would
permit or enact an instant voter runoff system in city elections. In the end, the committee
decided not to recommend IRV, citing concerns regarding cost, legality, and insufficient
research. However, the committee did agree to forward to the council excellent
background material prepared on the subj ect by IR V advocate Pam Vavra and to note the
substantial public input we received endorsing IRV.
(See Appendix IV: Council Election Materials)
5. The city recorder should continue to be elected by the voters. However,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Budget
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the city recorder [and municipal judge] in additional
depth.
Background: Article 3 of the current charter describes the recorder as an elected city
officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that election by the voters ensures that
the recorder will remain independent and available to city residents; they note that the
recorder is the only fulltime city official elected by the citizens. Conversely, critics point
out l) that .most city recorders are now appointed and supervised by councils and
managers; and, 2) that election may not guarantee that the winning candidate has the
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requisite skills to fulfill the duties of the office. Proponents of the task force argued that
the council should investigate whether the recorder should retain treasurer's duties now
delegated to that office.
Speakers on both sides of the election issue questioned the inclusion of compensation
language in the charter, citing the committee's efforts to remove all specific funding
notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the task
force endorsement was approved on a 5-4 vote.
(See Appendix V: Election of the City Recorder)
6. The municipal judge should continue to be elected by the voters. HOVlrever,
charter language that dictates compensation should be removed;
responsibility for salary issues would be assigned to the Citizens' Bud-get
Committee.
In addition, the city council should appoint a task force or committee to
study the issues of the [city recorder] and municipal judge in additional
depth.
Background: Article 3 of the current charter describes the municipal judge as an elected
city officer; section 3 pegs compensation to the 1974-75 level with specified annual
adjustments.
Discussion: Proponents of the status quo argue that the election process allows voters to
choose a municipal judge who will understand and incorporate local values in his/her
approach to the judiciary. Conversely, critics question whether the current systern is cost
effective. Proponents of the task force suggested that the council investigate the level of
judicial salary, imposition of a residency requirement, and the general powers and duties
of the judge.
As with the recorder, speakers on both sides of the election issue questioned the inclusion
of compensation language in the charter, citing the committee's efforts to remov(~ all
specific funding notations from the document.
Outcome: The committee endorsed the first recommendation unanimously; the 1task
force endorsement was approved on a 5-4 vote.
(See Appendix VI: Election of the Municipal Judge)
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7. lVlembers of the Parks and Recreation Commission should continue to be
elected by city voters, and the Parks Department should continue to be
administered as an autonomous entity independent of the rest of city
government. However, existing charter language should be streamlined to
combine the Parks Commission and the Recreation Commission. Finally,
charter language that dictates the department's formula.should~be removed.
from the charter; the Parks and Recreation budget should be determined via
tbe annual city budget process.
Background: Article 19 of the existing charter (part of the original 1908 document)
establishes the Parks Commission as an elected body of five residents invested with the
control and management of city parkland and accompanYing funding. Section 3 grants
the cOlrunission independent taxing authority (not to exceed four and one half mills on
the dollar) necessary to support the parks program. Finally, Article 22 specifies that the
Park Conlmissioners also serve as members of the Recreation Commission.
Over the years, the Park Commission's independent funding stream and elected status
enabled the establishment of an independent Parks and Recreation department within city
government. The Parks Commission hires and fires the department manager, establishes
internal policy and procedures, and reviews the annual budget.
Ballot Measure 50 (1997) effectively eliminated the department's fiscal independence;
Parks and Recreation funding is now established through the Citizens' Budget Committee
process. However, the Department continues to be administered as an independent arm
of city government.
Discussion: Proponents of the existing system argue: 1) that election by the voters
provides powerful leverage and independence for the Commission; 2) that the
department's autonomy has enabled it to creatively develop and maintain the expansive
system of city parks; and, 3) that the city's park system is intrinsic to the aesthetic and
character of Ashland, and warrants special charter protections.
In turn, critics believe: 1) that the Parks Department is most appropriately administered
under the auspices of the city administrator/manager, which would be consistent with the
committee's recommendations to place all administrative functions under the city
manager; 2) that the autonomy of the department creates inequities among city
employees; 3) that the elected Commission usurps decision making powers that rightfully
belong to the council; 4) that appointment, rather than election, might attract better
qualified candidates for the commission; and, 5) that the existence of an elected
commission no longer provides fiscal protections for the department, given the passage of
Measure 50.
Outcome: The recommendation was approved by a vote of 8-1.
Our decision to remove moribund funding language from the charter was consistent with
our overall attempts to keep the charter free of budget figures. However, the committee
8
acknowledges that Parks funding is integral to its success; we recommend that the
council consider implementing an ordinance that would formalize Parks funding.
(See Appendix VII: Parks and Recreation)
8. The Ashland City Bandshould be retained in the charter; however, funding
language should be removed and budget issues delegated to the Citizens'
Budget Committee. The committee recommends that the Band be placed
under the authority of the city Parks and Recreation Department.
Background: Article 21 of the current charter requires the council to include in the
annual budget an allocation not to exceed six-tenths (.6) mills on the dollar for the:
purpose of a City Band. By tradition (though not function), the Band falls under the
auspices of the city finance director; as a result, the Band often operates quite
independently from city structure.
Discussion: Proponents of the current charter language argue that the City Band 'will
survive and thrive through the specification of a funding formula embedded in the
charter. Conversely, critics suggest that the charter should never cite specific budget
numbers; instead, funding should be allocated through the annual budget process.
Speakers on both sides of the funding issue agree that the Parks and Recreation
Department is the most appropriate home base for the Band.
Outcome: The recommendation was approved via unanimous vote. In addition, the
Charter Committee notes that preservation of the band's funding is integral to its success;
we recommend that the council consider implementing an ordinance addressing the
band's funding requirements.
(See Appendix VIII: Ashland City Band)
9. Charter language that requires voter approval of all increases in council
salaries should be eliminated; salary levels should be established via n city
ordinance.
Background: Article 3, Section 3 of the current 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 dentfll
benefits and a small life insurance policy that covers themselves and dependents.
Discussion: Proponents argue that the existing system restrains the council froml
enacting costly and/or inappropriate pay increases. Conversely, critics of the status quo
9
claim: l) that salary issues are best delegated via ordinance; and/or, 2) that council
members deserve to be paid for the work that they perform.
Outcomc~: The committee endorsed the recommendation via a 7-1 vote, with one
member abstaining. Discussion that preceded the vote focused on the generous health
benefits package now extended to council-members. The committee_ suggests that
council nlembers consider assuming an insurance co-paYment equivalent to that paid by
city employees.
(See Appendix IX' Council Salaries and Benefits)
10. The city council should convene a citizen-based Charter Review Committee
at: least every ten years.
Backgrolllnd: The current charter does not address the question of periodic review.
Discussion: Proponents of periodic review argue that a mandatory review process
ensures that the charter remains relevant to the conduct of city affairs; critics question the
necessity for such a requirement.
Outcome: The committee unanimously endorsed the recommendation.
Charter ]tlousekeepin2
As noted earlier, analyses produced by former city attorney Paul Nolte and by consultant
Tom Sponsler highlighted significant sections of the charter containing outdated or
extraneous language, or addressing issues better delegated to a city ordinance. We have
used that input to identify sections of the charter that should be eliminated from inclusion
in the ne"r model charter; these recommendations are detailed in the chart on the
following page.
(See Appendix X' Charter Mark-ups/Model Charters)
Finally, as one of our last actions, the committee attempted to clarify language in Article
16, Section 1 (Public Utilities: Water Works). In response to concerns expressed by City
Attorney l\1ike Franell, the committee unanimously approved an amendment stipulating
that city \vater can be sold to businesses located within city limits. Later, we asked the
city attorney to prepare additional wording prohibiting businesses from re-selling that
water as a primary commodity. However, after discussion, the Charter Committee
declined to take further action, agreeing that issues that might be viewed as amending
water policy should be arbitrated by the city council. Mr. Franell' s suggested language is
contained in the appendix; the council may wish to initiate a task force or committee to
look at this issue in the coming months.
lO
(See Appendix XI: Suggested Language for Article 16, Section 1)
Items to be changed or eliminated in the charter.
ARTICLE SECTION TITLE ACTION REASON
I 3 Boundaries: 2ND Remove State law ORS
sentence ORS 192
OAR. 166
III 6 Interest in City Remove ORS 244
Contracts
IV 2 Mayor Mod ify to Complements
~ enumerate model charter
powers of section on powers
Mayor. See of manager
Appendix III
itemC.
VI 2 Recorder; Powers and Remove Covered by
Duties municipal code
2.08.020
VII 2&3 Elections; Notice & Remove ORS 254
Special
VII 6 Elections; Canvass of Remove ORS 254
Returns
VII 7 Tie Votes Remove ORS 254.575
VIII 5&6 Council; Journal, Remove ORS192
Proceedings to the
public
IX All Special powers of the Remove "Dillon's Rule"
Council WhE~re express
powers are
granted, only those
powers and those
necl3ssary to carry
out the granted
power are given.
See City of
Corvallis v.Carlile,
10 or 139 (1882)
Broad powers grant
overcomes this
limitation.
XI 1&4 Public Improvements Remove ORS 279
XII All Taxation Remove ORS 294,310
XIII 4 Appointive Officers Remove ORS 244
XIV All Chief of Police Remove Inherent in city
structure. Sec. 2
possible ordinance.
Consider ordinance
to provide for a
member of the
police staff to be
present at council
II
meetings as in
Section 2.
XV 2 Court Remove This has never
been done.
XV 3 Court Remove ORS 138
XV 4 Jury Retain Keep per City
Attorney Mike
Franell
XVI 1 Public utilities Study Clarify language
see Appendix X,
item D.
XVI 2 Torts Remove ORS 30
XVI 3 Existing Ordinances, Remove from ORS 30
Acts, ProceedinQs line 3 to end
XVI 4 Repeal of previously Remove History of
enacted provisions amendments are
public record
pursuant to public
records laws ORS
192
XVII All Hospital Remove Committee is
except for uncertain what the
Section 1 current relationship
Study is with the hospital
remaining and is hesitant to
sections to remove all
explore current language until
relationship clarified. Leave
with hospital. Section 1 if
language is
accurate after
study.
XVIII All Cemeteries Trust Remove all Create ordinance to
Fund reference to consolidate. Retain
dollars and some reference.
dates.
XX All Airport Retain Language unique
to Ashland.
Next StelJtS
The conclusion of the Charter Review Committee's work marks the end of the first phase
of charter review2. Weare now pleased to pass the torch on to the city council. We
suggest that you consider incorporating the following next steps into your process of
reVIew:
V oter Involvement: As a first priority, the council should launch a voter awareness
campaign designed to provide residents with information on the proposed charter changes
2 See Appendix XII: Summary of Expenses
12
and to establish opportunities for interaction and dialogue. Such a campaign might
include:
. Media articles, interviews, television, radio.
. Mini forum/public hearings, etc.
. Informational events.
. Talks to civic groups.
. Flyers (such as in utility bills, etc.)
Ballot Language: After preliminary review, the council should engage Tom Sponsler,
the city's charter consultant, to prepare draft ballot language for the proposed chatter
changes. This can be done either before or after council review of the committee
recommendations.
As part of this process, the council will need to decide if proposed charter revisions
should be presented to voters in one complex ballot measure, or, instead, structured as a
series of single-issue measures that allows voters to pick and choose among options.
Additional Research Committees: Consider establishing task forces or committees to:
1) pursue additional investigation of specific issues, including the roles and
responsibilities of the city recorder and municipal judge; 2) develop city ordinances that
might replace charter language; and, 3) conduct legal review of the draft charter.
Timeline: Develop a timeline for council actions leading to ballot measures, including
conceptual review of recommended changes, draft ballot language, public
forums/hearings, and the selection of an election date.
Finally, please feel free to engage any of us if you need background information,
clarification of our recommendations, or additional insight into our decision rationale.
13
MODEL CHARTER
FOR OREGON CITII~S
Prepared in cooperation with:
Thomas Sponsler
Beery & Elsner, LLP
1
January, 2004
FOREWORD
This is the 6th edition of the Model Charter for Oregon Cities. It is the first published by the League of
Oregon Cities. Previous versions were published by the Bureau of Governmental Research and
Service at the University of Oregon. I
The purpose of the Model Charter is to serve as a guide for charter drafting by city officials and citizens
by providing :a foundation for meeting different needs and policy choices about city government structure.
It is not intended for submission to community voters without discussion. Each city that undertakes
charter revision or the preparation of a new charter must consider provisions and procedures that best
serve its unique community.
~
This 2004 version contains several changes from the 5th edition of 1988. The fonnat continues as one
document. All models prior to 1988 had two separate versions: one for the mayor-council form of
government and one for the council-manager form of government. Language for the council-manager
fonn is now presented in the text. Ex.cept for the city manger section 33, this model is useful for cities
without a city manager. Alternative mayor-council language is included in the endnotes. Substantive
changes include:
· Specific identification of council legislative, administrative and quasi-judicial authority, and
ordinances, resolutions and orders as the forms for exercising that authority.
· Separate chapters with procedural requirements for council legislative, administrative and quasi-
judicial decisions.
· Reorganization of certain chapters into separate topics (i.e., council and elections).
· Updalting mayor and city manager duties.
· Deletion of some provisions better left to city ordinances, such as election nomination
procedures, public improvements, and special assessments.
This edition also makes numerous clarifications, simplifications and style changes from previous
versions. This includes the consistent use of "councilor" in reference to the holder of that office, and
"council" and "member of council" as including the councilors and the mayor. Gender-neutral language
has also been introduced.
Thanks to Sandy Arp, Don Ashmanskas, Pam Beery, Jeff Condit, Dan Cooper, Candace Haines, Ken
Jones, Glenn Klein, Terry Mahr, Jim Mattis, Gussie McRobert, Rich Rodeman and Pete Wells for taking
time to review and comment on earlier drafts. This final draft was presented on November 14, 2003 at
the Legal Issues Workshop session of the LOC 78th Annual Conference in Eugene. Questions and
comments from attendees contributed to this document.
Tho;'ws Sponsler
Beery & Elsner, LLP
January, 2004
I The. first Oregon Model Charter was published in 1947; revisions were published in 1951, 1959, 1967 and 1988. A
Model Charter for Oregon Counties was published in 1977.
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PREAMBLE*
We, the voters of , Oregon exercise our power to the fullest extent possible
under the Oregon Constitution and laws of the state, and enact this Home Rule Charter. I
Chapter I
NAMES AND BOUNDARIES
Section l. Title. This charter may be referred to as the 20_
Charter.2
Section 2. Name. The City of
with the name City of
4
, Oregon, continu,es3 as a municipal corporation
Section 3. Boundaries. The city includes all territory within its boundaries as they now exist or
are legally modified. The city will maintain as a public record an accurate: and current
description of the boundaries.
Chapter II
POWERS
Section 4. Powers. The city has all powers that the constitutions, statutes and common law of
the United States and Oregon expressly or impliedly grant5 or allow6 the city, as DIlly as though
this charter specifically enumerated each of those powers.7
Section 5. Construction. The charter will be liberally construed8 so that the city may exercise
fully all powers possible under this charter and under United States and Oregon law.
Section 6. Distribution. The Oregon Constitution reserves initiative and referendum powers as
to all municipal legislation to city voters.9 This charter vests all other city powers in the council
except as the charter otherwise provides. The council has legislative,IO administrative and quasi-
judicial authority. The council exercises legislative authority by ordinance, administrative
authority by resolution, and quasi-judicial authority by order. The council may not delegate its
authority to adopt ordinances. I I
Chapter III
COUNCIL
Section 7. Council. The council consists of a mayorl2 and six councilors'3 nominated and
elected from the city at large. 14
Section 8. Mayor. The mayor presides over and facilitates council meetings, preserves order,
enforces council rules, and detennines the order of business under council rules. The mayor is a
voting member of the council and has no veto a~thority.'5 With the consent of council, the
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mayor appoints members of commISSIons and committees established by ordinance or
resolution. The mayor must sign all records of council decisions.16 The mayor serves as the
political head of the city government. 17
Section 9. Council President. At its first meeting each year, the council must elect a president
from its meJmbership. The president presides in the absence of the mayor a nd a cts a s mayor
when the mayor is unable to perform duties.
Section 10. Rules. The council must by resolution adopt rules to govern its meetings. 18
Section 11. Meetings. The council must meet at least once a month at a time and place
designated by its rules, and may meet at other times in accordance with the rules.
Section 12. Quorum. A majority of the council members is a quorum to conduct business,19 but
a smaller number may meet and compel attendance of absent members as prescribed by council
rules.20
Section l3. Vote Required. The express21 approval of a majority of a'quorum of the council is
necessary for any council decision,22 except when this charter requires approval by a majority of
the council. 23
Section l4. Record. A record of council meetings must be kept in a manner prescribed by the
council rules.24
Chapter IV
LEGISLATIVE AUTHORITy25
Section l5. Ordinances. The council will exercise its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of
ordains as follows:".
Section l6. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a
majority of the council at two meetings.26
(b) The council may adopt an ordinance at a single n1eeting by the unanimous approval of at
least a quorum of the council,27 provided the proposed ordinance is available in writing to the
public at least one week before the meeting.
(c) Any substantive amendment to a proposed ordinance must be read aloud or made available in
writing to the public before the council adopts the ordinance at that meeting.
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2
(d) After the adoption of an ordinance, the vote of each member must be entered into the council
minutes.
(e) After adoption of an ordinance, the city custodian of records must endorse it with the date of
adoption and the custodian's name and title.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th day after
adoption, or on a later day provided in the ordinance. An ordinance may take effect as soon as
adopted or other date less than 30 days after adoption if it contains an emergency clause.28
Chapter V
ADMINISTRATIVE AUTHORITy29
Section 18. Resolutions. The council will normally exercise its administrative authority by
approving resolutions.30 The approving clause for resolutions may state "The City of
resolves as follows:".
Section 19. Resolution Approval.
(a) Approval of a resolution or any other council administrative decision requires approval by
the council at one meeting.31
(b) Any substantive amendment to a resolution must be read aloud or made available in writing
to the public before the council adopts the resolution at that meeting.
(c) After approval of a resolution or other administrative decision, the vote of each member must
be entered into the council minutes.
(d) After approval of a resolution, the city custodian of records must endorse it with the date of
approval and the custodian's name and title.
Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions take
effect on the date of approval, or on a later day provided in the resolution.32
Chapter VI
QUASI-JUDICIAL AUTHORITy33
Section 2l. Orders. The council will normally exercise its quasi-judicial authority by approving
orders. The approving clause for orders may state "The City of orders as
follows:".
Section 22. Order Approval.
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(a) Approval of an order or any other council quasi-judicial decision requires approval by the
council at one meeting.34
(b) Any substantive amendment to an order must be read aloud or made available in writing to
the public at the meeting before the council adopts the order.
(c) After approval of an order or other council quasi-judicial decision, the vote of each member
must be entered in the council minutes.
(d) After approval of an order, the city custodian of records must endorse it with the date of
ap~roval and the custodian's name and title.
Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on
the date of final approval, or on a later day provided in the order.
Chapter VII
ELECTIONS
.
Section 24. Councilors. The term of a councilor in office when this charter is adopted is the
term for which the councilor was elected.35 At each general election after the adoption, three
councilors will be elected36 for four-year terms.37
Section 25. Mayor. The term of the mayor in office when this charter is adopted continues until
the beginning of the first odd-numbered year after adoption. At every other general election
after the adoption, a mayor will be elected for a four-year term.38
Section 26. State Law. City elections must conform to state law except as this charter or
ordinances provide otherwise. All elections for city offices must be nonpartisan.39
Section 27, Qualifications.
(a) The mayor and each councilor must be a qualified elector under state law, and reside within
the city for at least one year immediately before election or appointment to office.40
(b) No person may be a candidate at a single election for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.41
(d) The council is the final judge of the election and qualifications of its members.
Section 28. Nominations. The council must adopt an ordinance prescribing the manner for a
person to be nominated to run for mayor or a city councilor position.42
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Section 29. Terms. The term of an officer elected at a general election begins at the first council
meeting of the year immediately after the election, and continues until the successor qualifies
and assumes the office.43
Section 30. Oath. The mayor and each councilor must swear or affirm to faithfully perform the
duties of the office and support the constitutions and laws of the United States and Oregon.
Section 31. Vacancies: The mayor or a council office becomes vacant:
(a) Upon the incumbent's:
( 1) Death,
(2) Adjudicated incompetence,44 or
(3) Recall from the office.45
(b) Upon declaration by the council after the incumbent's:
(l) Failure to qualify for the office within lO days of the time the term of office is to begin,
(2) Absence from the city for 30 days without council consent, or from all council meetings
within a 60-day period,
(3) Ceasing to reside in the city,46
(4) Ceasing to be a qualified elector under state law,
(5) Conviction of a public offense punishable by loss of liberty,47
(6) Resignation from the office, or
(7) Removal under Section 33(i).
Section 32. Filling Vacancies. A mayor or councilor vacancy will be filled by appointment by a
majority of the remaining council members.48 The appointee's term of office runs fron1
appointment until expiration of the term of office of the last person elected to that office. If a
disability prevents a council member from attending council meetings or a member is absence
from the city, a majority of the council may appoint a councilor pro tem.49
Chapter VIII
APPOINTIVE OFFICERS
Section 33. City Manager.
(a) The office of city manager is established as the administrative head of the city government.50
The city manager is responsible to the mayor and council for the proper administration of all city
business. The city manager will assist the mayor and council in the development of city policies,
and carry out policies established by ordinances and resolutions.51
(b) A majority of the council must appoint and may remove the manager. The appointment n1ust
be n1ade without regard to political considerations and solely on the basis of education and
experience in competencies and practices of local government n1anagen1ent. 52
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(c) The manager need not reside in the city. 53
(d) The manager may be appointed for a definite or an indefinite term, and may be removed at
any time by a majority of the council. The council must fill the office by appointment as soon as
practicable after the vacancy occurs.
( e) The manager must:
(1) Attend all council meetings unless excused by the mayor or council;
(2) Make reports and recommendations to the mayor and council about the needs of the city;
(3) Adnlinister and enforce all city ordinances, resolutions, franchises, leases, contracts,
permits, and other city decisions;
(4) Appoint, supervise and remove city employees;54
(5) Organize city departments and administrative structure;
(6) Prepare and administer the annual city budget;
(7) AdIninister city utilities and property;
(8) Encourage and support regional and intergovernmental cooperation;
(9) Promote cooperation among the council, staff and citizens in developing city policies,
and building a sense of community?5;
(10) Perform other duties as directed by the council;
(ll) Delegate duties, but remain responsible for acts of all subordinates.
(f) The manager has no authority over the councilor over the judicial functions of the municipal
judge.56
(g) The manager and other employees designated by the council ITIay sit at council meetings but
have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the office of
manager becomes vacant, the council must appoint a manager pro teITI. The manager pro tern
has the authority and duties of manager, except that a pro tern manager 111ay appoint or remove
employees only with council approval.
(i) No council member may directly or indirectly attempt to coerce the manager or a candidate
for the office of manager in the appointment or removal of any city employee, or in
administrati ve decisions regarding city property 0 r contracts. 57 V iolatiol1 0 f this prohibition is
grounds for removal from office by a majority of the council after a public hearing. In council
meetings, councilors may discuss or suggest anything with the manager relating to city
business. 58
Section 34. City Attorney. The office of city attorney is established as the chief legal officer of
the city government. A majority of the council must appoint and may remove the attorney. The
attorney must appoint and supervise, and may remove any office employees. 59
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Section 35. Municipal Court and Judge.
(a) A majority of the council may appoint and remove a municipal judge. A municipal judge
will hold court in the city at such place as the council directs. The court will be known as the
Municipal Court.
(b) All proceedings of this court will conform to state laws governing justices of the: peace and
justice courts.
(c) All areas within the city and areas outside the city as permitted by state law are within the
territorial jurisdiction of the court.
(d) The municipal court has jurisdiction over every offense created by city ordinance. The court
may enforce forfeitures and other penalties created by such ordinances. The court also has
jurisdiction under state law unless limited by city ordinance.60
( e) The municipal judge may:
(1) Render judglnents and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials before the court;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and orders of the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(f) The council may appoint and may remove municipal judges pro tern.
(g) The council may transfer some or all of the functions of the municipal court to an appropriate
state court.6\
Chapter IX
PERSONNEL
Section 36. Compensation. The council must authorize the compensation of city officers and
employees as part of its approval of the annual citybudget.62
Section 37. Merit Systems. The counci163 by resolution will determine the rules governing
recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city
employees based on merit and fitness.64
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Chapter X
PUBLIC IMPROVEMENTS
Section 38: Procedure. The council may by ordinance provide for procedures governing the
making, altering, vacating, or abandoning of a public improvement.65 A proposed public
improvement maybe suspended for six months upon remonstrance by owners of the real
property to be specially assessed for the improvement. The number of owners necessary to
suspend the action will be determined by ordinance.
Section 39. Special Assessments. The procedure for levYing, collecting and enforcing special
assessments for public improvements or other services charged against real property will be
governed by ordinance.
Chapter XI
MISCELLANEOUS PROVISIONS
Section 40. Debt. City indebtedness may not exceed debt lin1its imposed by st ate I aw.66 A
charter amendment is not required to authorize city indebtedness.
Section 41. Ordinance Continuation. All ordinances consistent with this charter in force when it
takes effect remain in effect until amended or repealed.
Section 42. Repeal. All charter provisions adopted before this charter takes effect are
repealed.67
Section 43. Severability. The tenns of this charter are severable. If any provision is held invalid
by a court, the invalidity does not affect any other part of the charter.
Section 44. Time of Effect. This charter takes effect
,20_
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APPENDIX A
GENERAL GRANTS OF POWER
The first version of the Model Charter for Oregon Cities was published in 1947. It was drafted
to confer powers on cities in general terms rather than by a detailed enumeration of specific
powers. All subsequent revisions have continued this practice.
Since about 1910, a city charter has been viewed as a city constitution. For this reason city
powers have generally been stated in general, comprehensive terms. The charter should deal
only with the basic, broad fundamentals of city government. The charter should be as concise as
possible, and adaptable to changing conditions to avoid the need for frequent amendment.
Most Oregon cities have charters that grant authority for their activities under general grants of
powers. In 1934, Huntington adopted a general powers charter quite similar to the 1947 model
charter. Since then, almost all Oregon cities have adopted charters that resemble this model.
The Oregon Incorporation Act (now ORS 224.0l 0-22l.l 00) provides that cities without a home
rule charter have comprehensive power and need no grants of specific powers.
A general grant of power allows a city to assume extraterritorial powers granted by statute and
conditioned upon the existence of charter authority. ORS 225.020 authorizes a city to own and
operate utilities outside city limits if its charter allows it such power. Kassel v. City of Salem, 34
Or. App. 739,579 P.2d 875 (1978) construes this section and states that Salem's charter "accepts
this offer [of extramural powers] in broad tenns." These broad tenns were more specific than
the general grant of powers in the model. No city with a general grant has been challenged in its
exercise of the power offered by ORS 225.020.
Constitutional Grants in General Tenns.
The 1906 home rule amendments to the Oregon Constitution empower "the legal voters of every
city. .. to enact and amend their municipal charter, subject to the Constitution and criminal laws
of the State.,,2 They also empower "the qualified voters of each municipality" tOl exercise the
powers of initiative and referendum "as to all local, special and municipal legislation of every
character in or for their municipality. .. ."3 These grants of power are general in terrns.
Specific Power Derived from General Grants.
Courts have often held that a general grant of power confers a particular power not specified in
the grant. Such specific powers include the following:
(1) To regulate amusement devices.4
2 Or. Canst. art. XI, sec. 2.
-' Or. Canst. art. IV, sec. Ia (1906), sec. 1(5) (1968),
4 Teny v. City of Portland, 204 Or. 478, 269 P.2d 544 (1955); app. dis., 348 U.S. 979 (1955); 33 Or. Op. Att'y, Gen.
174 (1967).
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(2) To levy special assessments.5
(3) To develop a program of free parking using tax revenues.6
(4) To govern labor relations with public employees.7
(5) To license certain businesses or occupations.8
(6) To levy license taxes for revenue.9
(7) To provide police protection. 10
(8) To control disposal of refuse. I I
(9) To regulate the storage of gasoline and kerosene. 12
~(1 0) To control streets.13
(11) To levy taxes in the fo~ of licenses. 14
(12) To adopt taxes on sales and incomes. 15
(13) To supply water. 16
(14) To impose registration and license fees.17
(15) To impose fees and regulatory requirements on telecommunications providers. 18
5 Paget v. City of Pendleton, 219 Or. 253, 346 P .2d 1111 (1959).
6 Jarvillv. City of Eugene, 289 Or. 157,613 P.2d 1 (1980), U.S. cert. den. at 449 U.s. 1013 (1980). Although the
majority opinion in this case relies on a specific grant of power stemming from a 1973 amendment to the Eugene
city charter, this charter has been repealed. At the court of appeals level, the majority opinion relied on the general
grant of power in the 1976 revised city charter to explain the city's ability to levy taxes. "In those cases, it was held
that a general grant of powers in a city charter, like that contained in the Eugene charter, carries with it the power to
impose revenue taxes." 40 Or. App. 185, 198-99,594 P.2d 1261 (1979).
7 Beaverton v, International Assoc. of Firefighters, 20 Or. App. 293, 531 P.2d 730 (1975).
8 Davidson Baking Co. v. Jenkins, 216 Or. 51, 337 P.2d 352 (1959).
9 City of Idanha v. Consumers Power, Inc. 8 Or. App. 551,495 P.2d 294 (1972), affd, 13 Or. App. 431 (1973).
10 City of East Portland v. County of Multnomah, 6 Or. 62, 64 (1876).
II Dunn v. Gray, 238 Or. 71, 392 P.2d 1018 (1964); City of Tigard v. Werner, 15 Or. App. 335, 515 P.2d 934 (1973).
12 Cf. Leathers v. City of Burns, 251 Or. 206, 444 P .2d 1010 (1968).
13 See also, City of East Portland v. County of Multnomah, 6 Or. 62, 64 (1876).
14 City ofldanha v. Consumers Power, Inc. 8 Or. App. 551, 495 P.2d 294 (1972), affd 13 Or. App. 431 (1973).
15 33 Or. Op. Att'y Gen. 238 (1967).
16 Paget v. City of Pendleton, 219 Or. 253, 346 P.2d 1111 (1959).
17 AT & T Communications v. City of Eugene. 177 Or App 379 (2001), rev den, 334 Or 491 (2002). The court held
that a general power charter gave the city power to impose registration and license fees. The court relied on
Multnomah Kennel Club v, Department of Revenue. 295 Or 279 (1983), a case that involved a general power county
home rule charter that provided authority to impose a business income tax.
18 Sprint Spectrum v. City of Eugene. 177 Or App 417 (2001), rev den, 334 Or 491 (2002). The court found that
home rule authority includes the taxation of businesses that conduct business within city boundaries.
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APPENDIX B
PROVISIONS NOT INCLUDED IN THE MODEL CHARTER
The 2004 Model Charter omits many provisions contained in city charters granted by the Oregon
legislature prior to 1906, and charters adopted soon after the 1906 home rule amendments took
effect. A general grant of powers replaced specific grants of authority. Subjects and procedures
covered by state statutes are generally no longer included in charters. The model charter also
omits provisions better left to adoption by ordinance.
Annexation Procedure
An Oregon city may not assume extramural power under its home rule charter unless authorized
by state statute.19 City power under the home rule amendments is only intramural in character.2o
A city may only exercise the extramural power delegated by the legislature.2I A home rule
charter may provide a procedure for the intramural aspects of annexation, such as the manner of
acceptance of the annexation by the city. The model charter contains no provision relating to
annexation of territory to a city because state statutes control annexation procedures in both its
extramural and intramural aspects.
Elections
Elections in Oregon are generally under the control of the secretary of state. The conduct 0 f
elections is governed by ORS Chapter 254. Many duties relating to the conduct of elections are
delegated to county clerks. Time of elections, wording of ballot titles, printing of ballots, and
fixing of precinct boundaries are examples of matters governed by state law. City initiative and
referendum requirements and process are found in ORS Chapter 250. Therefore, the model
charter contains no sections relating to elections in general. Sections 26 and 28 do authorize the
council to govern certain election matters by ordinance.
Sublects Covered by State Law
The 2004 Model Charter contains no provision on several other subjects covered by state law:
- Budgeting .. ...... .......... ........ ...................................... ........ ..... ORS 294.305 to 294.565
Public contracts ........................................................... ......... ORS Chapter 279
Assessment bonding and lien enforcement .......................... ORS 223.205 to 223.295and 223.505
to 223.670
19 Thurber v. Henderson, 63 Or 410, 415-416, 128 P 43 (1912); State ex reI. Mullins v. Port of Astoria, 79 Or 1, 19-
20,154 P 399 (1916).
20 Kiernan v, City of Portland, 57 Or 454,464, 111 P 379, 112 P 402 (1910); State ex reI. Mullins v. Port of Astoria,
79 Or 1,18-19,154 P 399 (1916); Curtis v. Tillamook City, 88 Or443, 454-455,171 P 574,172 P 122 (1918).
21 Couch v. Marvin, 67 Or 341, 136 P 6 (1913); McBee v. Town of Springfield, 58 Or 459, 114 P 637 (1911);
Landess v. City of Cottage Grove, 64 Or 155, 129 P 537 (1913).
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Tort liability ......................................................................... ORS 30.260 to 30.300
Debt limitations .................................................................... ORS 223.295 and 287.004
Ethics....... .... ... ................ ......... ..... ......... ...................... ......... ORS Chapter 244
Public meetings and records ................................................ ORS 192.410 to 192.710
Land use panning and regulation ......................................... ORS Chapters 92, 197, and 227
Street vacation .. ....... ..... ...... ....... ...... ..................................... ORS 271.080 to 27l.230
Condemnation .......... ........ ...... .... .......... .... ...... ..... ............ ..... OR Chapter 35; 223.005 to 223.l 05;
226.310 to 226.380; 227.300;
281.010; and 281.5l0 to 281.550
Collective bargaining ........................................................... ORS 243.650 to 243.782
Public Employee's Retirement System ................................ ORS Chapter 238
Other Subiects
The model charter contains no provision on a number of other subjects that may be covered as
well or better by ordinance. Such subjects include council rules, personnel rules, procedures for
local improvements, levying and collecting special assessments, and city commissions and
committees.
Municipal Judge as Ex Officio Justice of the Peace
Some Oregon charters enacted as special legislative acts prior to 1906 provide that the municipal
judge has the jurisdiction and authority of an ex officio justice of the peace. The 2004 Model
Charter contains no such provision. A home rule charter may not grant such authority to a
municipal judge; such authority may only be granted by state statute.
The decision in In re Application of Boalt22 suggests that once a municipal judge is given the
jurisdiction and authority of an ex officio justice of the peace by a special legislative act, it
continues regardless of a subsequent home rule charter. It may be withdrawn by-the legislature.
A city in this situation may retain its charter provisions conferring jurisdiction and authority of
an ex officio justice of the peace on its municipal judge by enacting its new charter as an
amendment to its former legislative charter. A municipal judge may continue to exercise this
authority under this Supreme Court decision.
n 123 Or 1,260 P 1004 (1927).
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NOTES
* Thomas Sponsler, Of Counsel, Beery & Elsner LLP, Portland, Oregon; BS, JD Willamette University; LL.M.,
University of London; former City Attorney, Gresham, Oregon; former County Attorney, Multnomah County.
I This uses the "voters" language of Article XI, section 2 of the Oregon Constitution and makes clear the intent to
use all the home rule power.
2 Insert the year the charter is adopted and the city name. For convenience, this may be used as the charter's short
title.
3 The continuity of a city's existence is not broken by the adoption of a new charter.
4 Ifthis section changes the name of the city, it may read: "The municipal corporation previously known as the City
of continues under this charter as a municipal corporation with the name 'City of __.' "
5 The city home rule amendments to the Oregon Constitution reserve powers to city voters. Oregon Constitution,
Article XI, section 2 (1906, 1910). The Oregon Supreme Court has said that the amendments are a "continuous
offer" of "all powers properly belonging to municipal government." Robertson v. City of Portland, 77 Or. 121, 127
(1915). The offer is conditional. City voters may accept the offer by adopting charter terms. This general grant of
power accepts the offer completely.
6 The US Constitution does not mention cities, but does not restrict city actions. The Oregon Constitution imposes
some restrictions, but also authorizes city actions. Federal and state statutes impose many requireme:nts and
restrictions on cities, but still authorize or allow them a wide range of action. "Allow" in this section is intended to
provide a basis for city authority to act even though the city cannot identify clear statutory authority for the city
action. It assumes the authority is municipal in nature and not prohibited by federal or state law.
7 Appendix A discusses the legal basis for general grants of authority.
8 This requirement that the charter be liberally construed is intended to negate the effect of a rule of strict
construction of city charters known as Dillon's Rule.
9Article IV, section 1, subsection (5) of the Oregon Constitution.
10 City council members are immune from suit under 42 use 9 1983 for their legislative activities. Bogan v. Scott-
Harris, 523 US 44 (1998).
II While part of federal and state government structures, separation of powers is rarely found in cities. The council
has powers analogous to those of the three branches of the federal government and the three departments of the
Oregon government. The context, substance and form of council decisions determine the nature of the power
exercised. Only the council may adopt ordinances and exercise its legislative authority. Only its legislative
authority is subject to voter initiative and referendum. The council may by ordinance delegate its administrative and
quasi-judicial authority.
12 Although some charters provide that the mayor is not a member of the council, this model recommends that the
council include the mayor as a member. This means that the mayor participates in and votes on matters before the
council as do other council members. Section 8 states that the mayor isa voting member of the council. If the
mayor is not to have a council vote, then section 7 should state that the council consists of a specified number of
councilors elected from the city at large.
Model Charter for Oregon Cities
Thomas Sponsler & LOC
13
13 Some Oregon cities have five member councils. If the council is to have five members, "six" needs to be changed
to "four." A city may want a larger council of nine members or more. If so, "six" needs to be changed accordingly.
14 Most Oregon cities nominate and elect councilors at large. Some nominate and elect councilors by district or
ward. A third option is to nominate by district and elect at large. If there are districts, then the district boundaries
must be specified. The most efficient way of doing this is by ordinance. For that purpose, this section could read:
"The council consists of a mayor nominated and elected at large, and six councilors nominated and elected by
districts with the boundaries fixed by ordinance." District boundaries must be periodically adjusted to meet equal
protection requirements. Most charters that provide for election of councilors by district also require as a
qualification that each councilor reside in the district the councilor represents and continue to so reside for the tenn
of office.
15 Some charters pennit the mayor to vote only to break a tie. If the mayor's vote is to be so limited, this section
needs to be changed accordingly.
16 The council may assign by ordinance or council rules additional duties to the mayor for authenticating ordinances,
resolutions, orders, and other council documents.
17 This section adds facilitator and political leader to enhance the role of the mayor. It makess-pecific the apparent
and inherent authority of the office of mayor. It also parallels the administrative authority of city manager in section
33. It follows the example of 8th edition of National League of Cities (NLC) Model Charter (2003).
18 Council meetings must comply with the requirements of the Oregon Public Meetings Law. ORS 192.610-
192.710. Council rules should be considered administrative and adopted by resolution. They are easier to keep
updated and less formal than if adopted by ordinance. Also, they are not subject to initiative and referendum.
19 A majority is more than half of the council. For a seven member council, a quorum is four or more. If there is one
vacancy, the quorum is still four. If there are two vacancies, the quorum is three, the same as for a five member
council. If through resignation or other events, the number of councilors is reduced to two or one, the quorum is also
reduced to two or one.
20 For example, council rules may state that the members present may order a city police officer to find and bring an
absent member to the meeting. The rules may also provide a penalty for the absent member.
21 "Express" is used here to clarify the effect of abstention from voting. At common law abstention from voting was
regarded as concurrence with the decision made by the votes cast. Thus, the concurrence could be either affinnative
or negative depending on how the majority voted on a decision. "Express" is intended to make clear that an
abstention from voting on a question may not contribute to answering the question affinnatively; it amounts to a
"no" vote. Use of the word "express" means that no vote less than a majority of a quorum may decide affinnatively
a question before the council.
22 A "decision" is any action taken by council vote. This includes votes on formal documents such as ordinances,
resolutions, orders and contracts. It also includes votes to direct city staff, and other questions and motions before
the council. Unless the charter provides otherwise, the council may act affinnatively through less than a majority of
its positions. A seven member council thus may act through three councilors; its quorum is four. A five member
council may so act through two members; its quorum is three. A question may be decided negatively by fewer
councilors than required to decide it affirmatively. For example, a 2 to 2 vote or a 2 to 1 vote when the quorum is
four councilors, and one councilor is absent.
23 Some charter sections require a vote of a majority of the council to make certain decisions. In this model, they are
sections 16(a), 32, 33(b) and (d), 34 and 35(a). Section 16(b) requires a unanimous vote of at least a council quorum
to adopt an ordinance at one meeting.
Model Charter for Oregon Cities
Thomas Sponsler & LOC
14
24 The Oregon Public Meetings Law, ORS 192.650, requires written minutes. This section provides an independent
requirement for council records and authorizes the council to adopt requirements in addition to those of state law.
25 The most significant power granted to cities is the authority to adopt legislation. Legislation is local law that
applies throughout a city. Legislative authority is properly exercised in the fonn of ordinances. City charters
traditionally prescribe specific requirements for adoption of ordinances, and no provisions for approval of
resolutions (administrative) or orders (quasi-judicial). Only using ordinances for legislation and using other fonns
for non-legislative decisions makes clear which council actions are subject to referendum. Oregon Constitution,
Article IV, section 1(5) gives voters initiative and referendum powers over "municipal legislation."
26 Under section 12, the majority of the council membership must be present at the time a decision is mad~. If there
is one or more unfilled council vacancy, the majority is calculated on the temporarily diminished membership.
However, action by a majority ofa quorum (e.g. three votes when quorum of four is present) is not sufficient to
enact an ordinance under this section. See note 19 above.
27 This section requires the presence of at least four councilors and a unanimous vote to adopt an ordinance at one
meeting when there is a seven member council. The presence of three councilors and a unanimous vote is required
when the council has five members.
28 Ordinances containing an emergency clause take effect immediately and are not subject to referendum. Legislation
may not take effect when it is subject to referendum. Procedures for city initiative and referendum are found in ORS
250.255 to 250.355, and city ordinances. Emergency clauses are legislative and not subject to judicial review.
Kadderly v. City of Portland, 44 Or 118 (1903). City use of an emergency clause preventing a refen:ndum on the
ordinance is not subject to federal court review as a violation of civil rights. Stone v. City of Prescott, 173 F.3d 1172
(9th Cir. 1999).
29 Councils formally exercise their administrative authority in the fonn of resolutions. Administrative decisions
normally implement requirements of city ordinances and state statutes. Examples include city budgets, budget
amendments, financial transfers, public contracts, fees and charges, council rules, and city personnel rules.
Administrative decisions often are "internal" and relate to the city government. City charters traditionally prescribe
specific requirements for adoption of ordinances (legislative), and include no provisions for approval of resolutions
(administrative). This model suggests that charters specifically recognize council resolutions as the proper fonn for
the exercise of its administrative authority. Use of this fonn for non-legislative decisions makes clear which council
actions are subject to referendum. Oregon Constitution, Article IV, section 1(5) gives voters initiative and
referendum powers over "municipal legislation" , but not municipal administration..
30 The preferred method for the council to exercise its administrative authority is by resolution. However,
"nonnally" is used in this sentence to allow the council to approve contracts and other documents, give direction to
the city manager, city attorney and city employees, and make other administrative decisions by approving a motion
without adopting a resolution.
31 Under section 12, the majority of the council membership must be present at the time a decision is made. If there
is one or more unfilled council vacancy, the majority is of the temporarily diminished membership. Action by a
majority of a quorum (e.g. three votes when quorum of four is present) is sufficient to approve a resolution under
this section. See note 18 above.
32 ORS 221.310(3) applies to cities of 2,000 or more. It provides that a resolution may take effect any time after
passage by the city council. The resolution must state the resolution effective date in a separate sectJion.
33 Quasi-judicial authority is normally exercised in the fonn of orders. Under this authority, the council holds
hearings and is required to make decisions, The most common examples are land use matters and nuisance
proceedings. City charters traditionally prescribe specific requirements for adoption of ordinances (legislative) and
include no provisions for adoption of orders (quasi-judicial). This model suggests that charters specifically
Model Charter for Oregon Cities
Thomas Sponsler & LOC
15
recognize council orders as the proper form for the exercise of quasi-judicial authority. Use of this form for non-
legislative deCJlsions helps make clear which council actions are subject to referendum. Oregon Constitution, Article
IV, section 1(5) gives voters initiative and referendum powers over "municipal legislation," but not municipal quasi-
judicial decisions.
34 Under section 12, the majority of the council membership must be present at the time a decision is made. If there
is one or more unfilled council vacancy, the majority is of the temporarily diminished membership. Action by a
majority of a quorum (e.g. three votes when quorum of four is present) is sufficient to approve an order under this
section. See note 19 above.
35 This sentence anticipates the charter vote at a primary or special election. If the charter vote is at a general
election, the words "or is elected at the time of adoption" should be added.
36 Oregon Constitution, Article II, section 14a requires cities to hold their regular elections for officers at the same
time as the general biennial elections for state and county officers are held. ORS 254.035 implements this provision.
ORS 254.056 states that general elections are held on the first Tuesday after the first Monday in November of even
numbered years. It further states that primary elections may be held on the third Tuesday in May of even numbered
years.
37 This language assumes that adoption of the charter will not affect the council size or terms of office. It does
provide a transition from the city government before charter adoption to the city government under the charter.
38 A four-year term for the mayor and four-year staggered terms for an even number of councilors gives the voters an
opportunity to vote for a majority of the council positions at every other general election. It may also be necessary
to change "first" to "second" in the first sentence. A mayor elected to a four year term when this charter provision is
adopted would serve until the beginning of the second odd-numbered year after adoption. If the mayor is to have a
- two-year tenn, the second sentence of this section needs to be changed.
The mayor is appointed from the council by the councilors under the Incorporation Act, ORS 221.130. If this is to
continue under the charter, then the second sentence of section 25 needs to be replaced by the sentence: "At the
first meeting of the council in each odd numbered year, the council must appoint one of its members to serve as
mayor for a telm of two years." If the mayor is appointed from the council, the council should have an odd number
of members, and section 7 should be changed.
39 The last sentence of this section makes specific the Oregon tradition that local government elections are
nonpartisan. This provision is included in the county model home rule charter and county charters. It is also
consistent with the 8th edition of the NLC Model Charter (2003).
40 Courts have consistently invalidated residency qualifications of more than 12 months.
41 This prohibition is intended to avoid certain conflicts of interest in city service. It bars full-time or part-time
employees from serving as mayor or councilor. It does not, however, prevent the mayor or a councilor from
receiving reimbursement of expenses for services.
42 This model charter does not prescribe a nominating procedure. It allows flexibility by requiring that an ordinance
govern the nominating process.
43 These words allow for a successor to be appointed as well as elected, and require that the successor meet the
necessary qualifications for the office at the time of election or appointment. Some charters have provisions
limiting the number of terms or years that a citizen may serve in an elected office.
Model Charter for Oregon Cities
Thomas Sponsler & LOC
16
44 "Adjudicated incompetence" means inability or unfitness to manage one's affairs because of mental condition
determined in a court proceeding.
45 Recall of elective officers is governed by Oregon Constitution, Article II, section 18, and ORS 249.865 to
249.877.
46 Section 27 requires each member to be a qualified voter and resident of the city. Under subsections (3) and (4) of
section 31 (b), moving outside the city or allowing voter registration to lapse permits the council to declare a council
position vacant.
47 Note the use of "punishable" rather than punished. "Loss of liberty" is used because the legislature often describes
public offenses with other than criminal tenns.
48 Normally a single vacancy is filled at one time. This section permits the council to fill multiple vacancies at the
same time. Most vacancies are created in positions filled by election. However, this section also applies to
appointments to fill vacancies created in positions previously filled by an appointee to the council.
49 A member's disability under this section is usually temporary. If the disability is permanent, it often results in the
resignation of the disabled member. A permanent disability does not create a vacancy unless the member resigns.
However, the council may appoint a pro tern councilor, and the appointment may continue until a successor to the
disabled member is elected and takes office.
50 The city manager exercises the administrative authority delegated by the city charter and the city council. The
manager and the council both exercise administrative authority. Only the council may exercise legislative authority.
51 This makes specific the city manager responsibility to mayor and council for city administration. It gives the
manager a role in policy development consistent with the 8th edition of the NLC Model Charter. (2003) It makes the
manager responsible for carrying out city policy adopted by council resolution or ordinance.
52 This section adds more specific qualifications for city manager consistent with the 8th edition of the NLC Model
Charter (2003).
53 If the city wants the charter to require the manager to live in the city, the following may be added: "but must
become and remain a resident of the city while manager." This requirement can be imposed more flexibly by
ordinance or contract.
54 Note that the manager appoints, supervises and removes city employees. The council appoints, supervises and
removes city officers.
55 Subsection (8) and (9) of this section add provisions that update the charter by recognizing the increasing
importance of regional and intergovernmental issues, and the participatory nature of policy development. They are
consistent with the 8th edition of the NLC Model Charter (2003).
56 Municipal judges have administrative duties incidental to their judicial functions such as record keeping and
accounting for certain funds. These administrative duties may be supervised by the city manager.
57 A similar charter restriction was the basis for damages in Still v, Benton, 252 Or. 463, 445 P .2d 492 (1968). The
court found that the" mayor did not act within the scope of his authority in pressuring the manager to discharge the
police chief. The chief was awarded punitive as well as general damages.
Model Charter for Oregon Cities
Thomas Sponsler & LOC
17
58 This does not affect the ability of a council member to obtain information from the manager or other city
employees. Council members also have at least as much right to public records as other members of the public
under the Oregon Public Records Law, ORS 192.420 to 192.505.
59 If a city attomey office is established by the charter, it is independent of the wishes of the councilor manager.
This language places office employees under the supervision of the attorney rather than the manager. The charter
could establish the office and provide for appointment by the manager, although that would be unusual. If not
created by charter, the city attorney office may be created by ordinance. The ordinance may provide for city
attorney appointment by the councilor manager. Attorney duties may be assigned by ordinance and contract.
60 ORS 221.339 gives municipal courts jurisdiction over violations and misdemeanors committed or triable in the
city. Municipal courts do not have jurisdiction over felonies. The section provides that jurisdiction over
misdemeanors may be limited by city ordinance.
61 ORS 51.035.
62 ORS 294.352(5) requires that the budget list the salary for each officer and employee. If councilors are to receive
no compensation for their services to the city, the following may be added to this section: "However, no councilor
may receive compensation for serving in that capacity." This prohibition does not prevent reimbursement for
expenses.
63 If there is a city manager, the manager may be substituted for the council. Rules adopted by the manager may be
made subject to council approval. The council may also delegate authority to the city manager or city administrator
to adopt rules.
64 "Merit and fitness" allows wide discretion in the interpretation and application of personnel rules and practices.
65 Few procedures applicable to cities appear in state statute. ORS 223.387 to 223.401 apply to assessments for local
improvements. ORS 223.805 to 223.845 relate to city motor vehicle parking facilities. ORS 271.080 to 271.230
apply to vacation of certain public property.
66 ORS 287.004(2) generally limits city bonded debt to "three percent of the true cash value of all taxable property"
in the city "computed in accordance with ORS 308.207." This limitation does not "apply to bonds issued for water,
sanitary or stOlID sewers, sewage disposal plants, hospitals, infinnaries, gas, power or lighting purposes, or the
acquisition, eSltablishment, construction or reconstruction of any off-street motor vehicle parking facilities, nor to
[Bancroft] bonds issued pursuant to applications to pay assessments for improvements in installments under
statutory or charter authority." ORS 287.004(4). Bancroft bonds may not "exceed .03 of the latest true cash
valuation of the city." ORS 223.295(l).
67 It may be necessary to continue unusual charter provisions such as bond approvals, special levies or annexations.
Model Charter for Oregon Cities
Thomas Sponsler & LOC
18
LEAGUE OF OREGON CITIES
P.O. Box 928 · Salem, Oregon 97308
(503) 588~6550 · Fax: (503) 399A863
TolI~free in Oregon: 1 ~800A52~0338
E~mail: loc@)orcitics.org · Web: www.orcities.org
AshlandConstitution.org Report To Council
On 5 Proposed Charter Amendments
This report presents and explains 5 proposed Charter amendments for discussion at the Monday,
Oct. 3, 2005 Council study session.
Study Session Objectives. AshlandConstitution.org has 3 goals for this study session:
(1) For Council to understand all 5 AshlandConstitution.org amendments.
(2) For Citizens to understand Council's questions, issues, and suggestions for these 5 amendments.
(3) To clarify which amendments Council will pursue jointly with us as Council-initiatE~d amendments,
and which amendments will require a separate signature drive.
Cooperation. We're interested in working with Council to improve these amE~ndments. Our
-dialogue-decision model is based on the conclusion that cooperation is to everyone's advantage.
c"~:':Phe-'''moTe::i''\fGices, the better the"'law:-.Greaterconsensus means better amerndfFle.nts,,~':Bf!~ad~r-'
commitment means a better Charter-Constitution.
Background For The 5 Amendments. The 'city' is a corporation. The corporation's name is "City
of Ashland". The corporation was created and empowered by a Charter. That Chalrter defines and
limits City powers.
The corporation has no power to change its Charter. Unlike business corporations, Oregon's
municipal corporations have no power to change their empowering document. Ashl.and City Council
has no power to alter the document that created it. That power is reserved By The People.
Only Citizens can change the Ashland Charter, through a majority vote after a ballot initiative.
Citizens can initiate the ballot measure directly through a signed petition, or indirec:tly through their
elected Council representatives.
Making Constitution-level decisions is so important, it needs to be turned over to thE~ authorities. So
we did. Voters are the authorities. They're the only decision~maker'with the pow~~r to change our
Charter. Citizens have the authority, and the responsibility. We have a job to do" Those of us in
AshlandConstitution.org take that responsibility seriously.
AshlandConstitution.org group was founded in this spirit-fulfilling our fundamental democracy role.
Our objective is to discern and implement the will of the people. We're not an ;advocacy group.
We're a dialogue and democracy group. Attendees have widely differing opinions, politics, issues,
and demographics. We listen, dialogue, build consensus, then vote on shared comnnitments.
Activities;ln~'the last 8 months, we've held 15 community dialogue sessions, each lasting-.ghours.
We've held over 30 weekly conversation cafes over dinner, each 2-3 hours--informal, creative, highly
interactive, self-managed sessions. We've maintained a web site, www.AshlanclConstitution.org,
updating our Charter amendments through multiple drafts. We've surveyed over 400 Ashland
Citizens door-to-door on Charter issues. We've knocked on over 1 ,000 doors, ofte!n knocking more
than once to catch people home. We've held 2 showings of 'Thirst', a documentary on selling of the
commons (water) by city governments. _We've produced a television series called ")four Constitution-
- Your Vote", with live panel interviews, and live call-ins, currently available as video-on-demand
online at RogueTV.org.
Citizen response has been strong and positive. Instead of apathetic voters, we found people
passionate about Ashland and upset at--or disconnected from--city government. They aren't happy
campers. Skepticisrn and distrust in city government are high.
Beyond 'blame and complain'. Our dialogue-decision process transforms 'blame and complain'
into positive action. That positive action is now 5 Charter Amendments. As we reached consensus,
we wrote the legal Cilmendments, and presented them with a Citizens' newspaper, ...By The People.
We've presented this newspaper to you (and several thousand others), and hope you've taken the
opportunity to read lour amendments and the problems they solve. The free newspaper, with letters
and articles on a wide variety of issues and viewpoints, is available at Ashland Public Library, SOU
Library, and RVML Library. Newspaper cost was paid by yard sales.
Update to City, dialogue with Council. We've updated the city regularly with our work, with
computer presentations, written submissions, and email updates. We distributed our written
amendments to you in early July. Our 5 amendments have 34 numbered sections, and 96 lettered
paragraphs, more than we can discuss in 1 study session. Our focus will be to listen and understand
Council's issues, and to identify areas of commonality where we can work together to . put Charter
amendments on the! ballot that can pass the rigors of a campaign. We plan to briefly present all 5
amendments, and hope to use the available study session time in dialogue with Council.
Ballot initiative. All 5 AshlandConstitution.org amendments are ready for filing as ballot initiatives,
and we see a high probability of passing the vote. We've purposely not filed them as ballot petitions
yet, to allow discussions and dialogue with Council. Now that Charter-changing is on Council's
active agenda, we hope to integrate Council's issues and suggestions into our amendments.
Charter vs. ordinance. What kind of law belongs in a Charter, and what kind in a city ordinance?
We've heard this discussion previously, and want to clarify our approach. We disagree with the
City's desire to rerTlove Charter protections and put them in an ordinance, where voters have no
direct control. That means we often disagree with the disempowering "That belongs in an
ordinance. ".
Beyond the.basic structure of government and elections and city's powers, 2 types of laws belong. .in.
the Charter: Jbiggies' and 'untouchables'. Big issues are so basic they should require a majority vote.
of taxpayers, which no city council should ever overturn: selling parkland, water, and other commons;
defining what public utilities taxpayers do or don't want-like AFN; city's power to take private
property; procedures to put liens on homeowner properties to pay for public improvements-LIDs;
the airport and hospital; etc.
The Charter is also the place for 'untouchables'--issues that Citizens value above bureaucracy.
When Lithia Park \/vas developed, designer John McLaren helped Ashland understand that if we
didn't protect the park in the Charter, it could someday. be trashed by low maintenance or pieces sold
to ease economic !;trains. In the grand scheme of government, park maintenance is low budget
priority compared te>> police, fire, flood control, water service, etc. Today, we've had a century of an
extraordinary park system, thanks to the efforts of Ashland's women, who protected the park in the
Charter. Yet at thle time, these women had no right to vote. Similarly, the City Band is in the
Charter, not because it's a 'biggie', but because it's an 'untouchable'.
After 150 years, thE~ Oregon Constitution continues to grow.as -Oregon voters add protections they
want the legislature to never override. Ashland's 'untouchables' belong in the Charter for the same
reason. Council may wish to pass 1 or more of our 5 amendments as ordinances rather than as
Charter amendments. We support Council passing our amendments as ordinances. And we'll
continue to work to put them in the Charter to prevent any future Council from rE~voking them or
changing them without the majority will of the people. All 5 amendments belong in th.~ Charter.
Charter-changing requires a ballot initiative and a majority vote of the people. Ordinance-changing
requires a Council vote. Council meetings can be called with as little as 24 hours notice to the
newspaper, which may not publish the notice. A Gouncil quorum is 4 people, including mayor; if 3
Councilors + Mayor attend, an ordinance can be approved or removed with onl~, 2 votes. The
Charter is the place for any law that voters don't want changed by as few as 2 Councilors.
Legal status of amendments. Our amendments were written to a high legal standcud. Amendment
wording req4ired a huge dialogue effort. We developed, wrote, reviewed, rewrotl9, and voted on
these amendments, paragraph by paragraph. Highly skilled attorneys reviewed the amendments for
legality, definitions, clarity, and enforceability. Attorney costs have been paid by yard sales and
grassroots fund-raisers. These amendments achieve a higher legal standard than many state laws
and city ordinances that we reviewed to develop them. Ashland has many clrticulate writing
professionals;; who helped:"uJs immensely in crafting these amendments. As a result,-"-aH. 5:-
amendments are enforceable and practical. The wording is near final, pending dialogue with
Council. We welcome any wording changes you have, whether or not you agree with the
amendment or choose to pursue it as a Council-initiated amendment. You can help improve our
amendments even if you don't support them.
Shortcut for those who've read ...By The People. The attached amendments include brief
annotations, because people want to know the problem before the proposed solution. This creates a
longer document than amendments alone. Amendments without annotations ;are available at
AshlandConstitution.org. If you've read the newspaper version of our amendments and annotations,
and wish to only read the sections excluded due to space limits, you can read the following:
Amendment 1: Section 1 (d-e), 1 (h-i), 2(c), 3(b)(d), 6(e).
Amendment 2: Section 1 (d-e), 3(c-h), 4(c-d), 5(c-d), 8(a-b).
Amendment 3: Intro, Section 1 (d-f) , 1 (i), 1 (k), 2(b-c).
Amendment 4: Examples 3-4 of annotation, entire amendment text.
Amendment 5: Entire amendment (finalized after paper printed).
_.,. -'-.~- --_. ,..., - --
Listserve. The listserve is an important opportunity to discuss Charter amendments. Many people
who will never speak at a Public Forum will send you an email, if they thought you 'Nould respond to
them. We understand you have some legal limitations on Council discussions in a listserve. To
empower Councilors and Citizens to jointly discuss Charter amendments, we sug~~est that Council
open a Public Forum as part of a Council deliberation on these amendments, and leave it open for
many weeks. This would allow and encourage Citizens to write to you their thounhts and feelings
about amending our Charter, and allow and encourage you to respond to them. Th~e Listserve is our
best opportunity to edit and revise amendment wording. A separate amendment IiIstserve could be
opened and eventually closed as part of Council deliberations, satisfying the Public Meetings Law.
Study Session Discussion order. We propose the following presentation and discussion order for
the study session for our 5 amendments: 1, 2, 5, 4, 3. This is the best order for collapsibility given
potential time pressures at the end of the study session.
We welcome questions from .Council in advance and any requests for items to foc:us on during the
study session presentation/dialogue.
Suml1nary Of 5 AshlandConstitution.org Amendments
Amendment What's The Problem? What's The Solution?
1. The 7 Core Community values aren't articulated Articulate the core values of
Values Guiding in the Charter, creating a soulless democracy in a way that guides
City Government document and inviting government city government and allows
actions outside the important, enforcement.
unstated values.
2. Ashland CodEt Charter has no code of ethics. Establish a professional Ashland
of Ethics For All City's elected and appointed officials Code Of Ethics for all public
Public Servants. have no ethical code beyond a servants. Make it clear, specific,
narrow and poorly enforced state and enforceable.
code. City employees' code has
mixed wording and is basically
ig nored.
3. Public Forum!~. Public Forum procedures are Revamp Public Forums to be
(Speaker designed to limit Citizen more Citizen-friendly and
Procedures and participation as one-way 'input': respectful.
Fair Minutes) posting the speaker's address on
the web, limiting their content,
excluding written comments from
minutes, no response to Speakers,
etc.
4. Public Interest The 'silent majority' has no time- Use a Public Interest Vote, a
Vote ('Silent effective way to voice its values and semi-formal vote of the 'silent
Majority Vote'). position on major City proposals. majority' on major proposals to
Many Citizens see the City as guide Council decisions.
heavily influenced by special Examples: AFN Options,
interests (e.g., developers and Northlight, Bemis, Downtown
wealthy landowners) rather than the Master Plan, LIDs, etc.
public interest.
5. Public US Supreme Court ruled that a city Define the limits and procedures
Improvements could take private property to resell for condemnation. Establish a
(Condemnation, to a developer for higher tax majority vote requirement to
LI Ds). revenue. condemn private property.
City can implement an LID over Require an LID to have majority
majority opposition of homeowners, support from those affected by
then put liens on homeowners' the LID, who have liens put on
property to pay for the LID. their properties to pay for it.
The Ashland Constitution
Amendment 1. The 7 Core Values Guiding City Goverl1'ment.
Preamble
We The People of Ashland, Oregon, to form a more perfect union of Ojr.lr, community,
hereby establish the Ashland Constitution. The Ashland Constitution shall' embody our 7
core values for democratic government: (1) Openness and transparency, (2) Advancing
the common good, (3) Protecting the commons, (4) High Citizen involvemEtnt, (5) Limited
government with checks and balances, (6) Accountability, and (7) Honesf)' and integrity.
The Ashland Constitution shall preserve the legacy of the land that sunounds us and
uplifts us. It shall protect and enhance the special character of our conrmunity, which
attracts thousands of people to visit and live here. It shall protect and enhance the
commons, those parts of our city shared and enjoyed by all, including our ,vate~ ai~ open
',i. ,.;~~~,__.,spaeef'iand parks. It shall establish policies and practices to encouFafle antJ..,de,ve/op-civic
respansibility, a volunteer spirit, and a sustainable community for future !lefierations. It
shall be founded on a deep respect for the individual rights of all of Ashland's diverse
people, using democracy and dialogue to advance the common good. It shall create and
sustain a high-integrity government of the people, by the people, and for tl1,e people. And
City government shall be built on the fundamental principle that the peoip/e of Ashland
can, and will, govern themselves.
[Note: Italics text are the actual amendments. Non-italics text is annotations--brief explanation and
context. These amendments are from www.AshlandConstitution.org, a grassroots Citizens' effort, not
sponsored by the City or associated with any city committee.]
A Preamble is central to a constitution because the Preamble articulates the basic ideals. As in the
U.S. Constitution, this Preamble frames our community's basic democratic valu€!s. Our current
Charter has no Preamble, which Citizens felt was sorely missing. Dialogue partilcipants believed
strongly that we need a Preamble to add life and meaning to an otherwise dry, spiritless document.
The Preamble above sets the tone and purpose - of.::the'Astdand.Constitution,. and introduces the
community's 7 core values guiding our city government.
The 7 Core Values Guiding City Government
1. Open and transparent government. Survey-dialogue participants said Citizens expect open,
transparent government. Openness means the issues are on the table, not decidE~d behind closed
doors. Openness means public discussions, for all to see and hear. Transparency means the
decision and decision-making process make sense to Citizens. Transparency mE~ans that, at any
point.cin:~the. pr.eress, you can trace how the decision-makers reached that point, because>the,steps;,-r'~
and reasons for decisions are explained and sensible every step of the way.
Participants saw closed doors as a red flag that someone doesn't want Citi,zens to witness
something. A council candidate explained to council in June 2005 that a study of the council web
site <http://pine.ashland.or.us/pipeflT'c;\fl/co~ncil> showed unexplained holes in the record. If a
Citizen looks at a City decision, and C(fn't fi~ure out how the City got from here to there, the process
isn't transparent. This core 'value of an~-:Open, transparent.. government shines a spotlight on the
AshlandConstitution.org Report To Council On 5 ~'nter Amendments, With Annotations. Page 1 of 28
process. Participants believed that those who are proud of their decision process and
professionalism welc~ome this spotlight, as it shows everyone that their process is fair and honorable.
They said the best disinfectant for bad government is sunlight.
1. Open And Transparent Government. We The People recognize that effective government
requires open andr transparent decision processes, records, and public meetings. We The
People have a right to know.
(a) City of Ashland ("City'7 shall be open and transparent about its activities and decisions, what
issues are being addressed, the facts relevant to a given issue, and the pros and cons of options
considered to resolve those issues.
(b) City shalljdentif}' in advance the decision steps to resolve an issue; during the decision process,
City shall clarify thE. cUffent step for a given issue. City shall maintain an up-to-date account of
discussions and actlvities, so that individuals and groups are informed and empowered to participate
at different stages and oversee City's decision process.
(c) Information and documents used in Gity decisions and activities shall be open and transparent,
accessible, and und~9rstandable.
Maintain a catego..ized list of what documents are where. Participants explained that when it
comes to government documents, it's hard to know what to ask for. You can't find the document with
the answer if you don't know what document to ask for! They wanted the Ashland Constitution to
require the City to publish on the web a categorized list of available documents and instructions on
how to access them, so average Citizens know where to start their search.
(d) Because individuals may not know what records are accessible to them and thus what records to
request, City shall m1aintain on the internet an up-to-date categorized list of what electronic and paper
files are accessible c~nd how individuals can access them.
Maintain a publicly available computer. City of Ashland currently maintains a public computer that
allows any individucll to access the City's web site free of charge. This computer is located in the
utility department lobby (at the customer counter), 20 East Main St, at Lithia Plaza, op-en_M~F8....5.-
Citizens: We need to ensure this important access to information is preserved. In fact, more people
need to be aware of this key resource.
(e) To broaden access and reduce paper usage, City shall maintain a computer connected to the
City's web site to provide access at no charge to any individual wanting to obtain electronic records
provided by City.
Keep city emails. Much city business (in Ashland and across the country) is done these days with
emails. It used to be that administrators would type a memo, run it off on a mimeograph machine,
distribute copies, and put a hard copy in the permanent public record, stored in a paper file folder.
That 'paper-trail' process has been replaced by emails. The City of Ashland currently erases
hundreds of important emailsaboutcitybusiness.This can have the appearance of secrecy, the
computer equivalent of 'shredding documents'. A Citizen who wants copies of these city-business
emails can be charged literally thousands of dollars, which has the effect of taking a public document
and making it virtually inaccessible. Participants wanted the Ashland Constitution to protect
electronic and digitall communications from deletion, and ensure thatemaiJs and ather computer files
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are permanently stored where Citizens can read at any time. If Citizens are unable to follow the
email thread of how a particular decision was made, then the core value of openne~ss, transparent
government is thwarted.
(f) Because much City business is conducted electronically and digitally, City shall maintain
permanent records of all electronic and digital communication, including all emails sent by or to public
servants.
Close the contractor loophole. Itr our dialogue sessions, we learned that some cities turn over
services to private contractors or consultants, then relieve these contractors from following the same
standard for openness and transparency that the city itself is required to follow. Waterton, Ontario
contracted out its water testing services to a quality assurance lab, and when a chiild and 6 others
died, following bacteria in the water supply, the contractor refused to release the results of the water
tests, claiming that the lab, not the City or Citizenry, owned the information. Th4~ lab claimed it
owned "intellectual property rights" to the bacteria results. Cities may encourag4~ contractors to
make such a claim, preventing the city from being held accountable for unsafe water. Survey-
dialogue participants said they don't want this practice for public information and public health. To
preveht-circumventing the law by contracting services to unaccountable contractors, Oitizenswante6'
to close this loophole to avoiding open, transparent government, and hold ~::ontractors and
consultants to the same standards of openness and transparency as the City.
(g) City shall require all City contractors or consultants, whether paid or unpaid, to be subject to the
same openness and transparency that would occur if public servants had done the work.
Get the job done, openly. Survey-dialogue participants believed that public servants have a job to
do, and they need to get it done. At the same time, Citizens said they have a ri~Jht to know how
decisions are being made and how their tax dollars are being spent. They askE~d: How can we
enable public servants to get the job done openly, without getting bogged down in endless 'Citizen
participation'? This amendment proposes the opportunity for Citizens to silently observe most
meetings. Oregon's 'Open Meetings Law' exempts meetings that are negotiations with the union,
settlement conferences for lawsuits, etc. Currently, city staff have many meeting~), with no public
notes, no minutes, no record of who attended or what was decided, with all emails related to the
meetiAg being erased, including the email announcing the .."scheduled Jmeeting. SUNey-dialogue
participants wanted to change that.
(h) City shall have open and transparent meetings. Individuals shall have the right and opportunity to
silently observe City meetings, with the limited exception of meetings recognized by' state law as not
being open to the public.
(i) Minutes shall be kept of all City meetings and decisions, including meetings by te/f3phone, video, or
other electronic or digital means. Minutes and meeting records shall include the dc~te and decision-
maker(s), issues - discussedr'and the pros and cons of options considered. Minutes and meeting
records shall be thorough and identify what speaker raised what point.
2. Advancing the common good. Centuries ago, Greek philosophers figured out why democracy
works. They said when you make decisions benefitting the most people rather than a few, the lives
of more people are improved. They called it 'doing the greatest good for the gneatest number of
people'-in sholt thS 'common good'. Their conclusion: If you want society to move forward, make
decisions for the common good. Dialogue,participants:believedthat in the 21st century, democracy
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has often become a battle of special interests, and the 'common good', the 'public interest', has
largely been forgottE~n. They decided that if decisions are to be made for all of Ashland, we needed
to say so in the Ashland Constitution.
2. Advancing Th.~ Common Good. We The People recognize that sound government is
obligated to make .'1ecisions that advance the common good.
(a) City - shall establish long-t~rm benefits to the. public as a whole (the "common good'7 as the
primary consideration in City decisions. The common good shall include protecting the rights and
interests of under-represented minorities.
(b) City shall frame issues and options to inform and advance the common good. For a given issue
or option, CitY shall identify and articulate the community's shared interests (''public interests'7, and
shall acknowledge interests identified by stakeholder groups within that community ("special
interests"). To ad~f1nce the common good, City shall balance and integrate public interests and
special interests in City decisions. City shall not allow special interests to define, frame, or override
public interests. "
(c) City shall identify' potential negative impacts on community members of an issue or option being
considered, and shc~1I timely communicate these impacts to affected individuals and stakeholder
groups. Individuals and stakeholder groups negatively impacted by an issue or option shall have an
opportunity to activoly represent their interests in the decision process, and to suggest ways to
prevent or mitigate negative impact. City shall make a good faith effort to prevent or mitigate the
negative impact of City decisions on individuals and stakeholder groups.
3. Protecting the cc~mmons. Survey-dialogue participants realized that our Constitution (Charter) is
the only place wherE~ We The People can guarantee that our commons will not be sacrificed by our
city government. WE~ learned that the small community of Felton, CA awoke one morning to find their
water system had b.~en sold to a German corporation, which proceeded to raise rates and reduce
service. AshlandCol1stitution.org featured Felton's 3-year battle to buyback their water system on an
RVTV show (roguetv.org). Our community TV programs showed how our commons needed
protection from corporations who want to buy or control the commons for their own profit.
Participants conclud~ed that the Ashland Constitution needs a strong statement of how we want our
commons to be prote!cted.
In 1215, when noble~s forced King John of England to sign the Magna Carta, a precipitating cause
was the king's appropriation of the waterways. Centuries later, Citizens said: We still struggle to
prevent government~; and business corporations from abusing the commons. There's currently a
huge international movement of corporate pressure to sell or lease the commons, particularly water
systems. "King JIDhn lives today in the form of giant multinational corporations." The
AshlandConstitution.org group saw a need to be as clear and strong as the Magna Carta, as clear
and strong as the US Constitution. The group . wanted the Ashland Constitution to strongly protect
the commons, includiing our precious water.
3. Protecting The Commons. We The People recognize that the commons are a public
interest and must ~'e protected to advance the common good. These commons include all
parks and other lalfd owned by the City, community meeting places and buildings and other
real improvements, safe streets, public walkways and bike paths, water and air, forests and
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trees, solar and wind energy, natural resources on and under the land surface, and
documents and information under City's ownership or control.
(a) City shall act to protect and enhance the commons, and prevent the destruction, degradation, or
devaluation of the commons.
(b) City shall not transfer full or partial ownership or control of any commons without a majority vote
of the electorate.
(c) Any and all water, water rights, and water works now owned or hereafter acquired by City shall
never be rented, sold, or otherwise disposed of. City shall not grant any franchise lOr power to any
person or corporation for the purpose of providing water, water treatment, or wC'~ter services to
Ashland inhabitants or others.
(d) Council by majority vote shall be empowered to stop, restrain, and prohibit 43ny obstruction,
pollution, diversion, waste, or extravagant use of the waters of any creek or waterway' flowing through
Ashland, within or above City limits, or within the watershed above the City.
4. Citizen education and empowerment In the AshlandConstitution.org survey, over 86010
supported the jnclusion of a formal Citizen Participation Plan in the Charter. Ashland Citizens are
passionate about their city and want to be involved in the decisions. They said they don't want to sit
through boring meetings, and that the City often makes Citizen involvement more difficult than
necessary. They wanted our Constitution to make it clear that the City should support high Citizen
involvement. This can be done by explaining the steps of a development project, an LID, how taxes
become passed into law, etc.. Simple classes in person, on-line, or on video tape could quickly
show Citizens how they can affect City decisions with a manageable time commitrnent. The group
said that too often, Ashland Citizens get upset at the 11 th hour, only to find that the decision
bulldozer has a 2-year head of steam. The group strongly believed that involvemE~nt is a personal
responsibility. The City is responsible to make involvement as easy as possibl1e. Citizens are
responsible for using available opportunities. They felt that AshlandConstitution.or~1 is one example
of how Citizen education and empowerment can work successfully.
-""~!,,,4., High Citizen Involvement. We The People recognize that eflectiv8tdeml.)cracy requires
_~o. 'individuals to be aware of, educated about, and actively involved inu City decisions.
(a) City shall clarify how individuals can be involved at various steps of a decision process, and the
mechanics for that involvement.
(b) City shall provide knowledge-building and skill-building classes to explain the decision process for
land use and other types of decisions, and how individuals can be effectively involved. City shall
provide general training to individuals on how to appeal City decisions.
(c) City shall work to make the involvement process more accessible and Citizen-triendly, and less
time-consuming for individuals. Citizens shall be responsible for their own education to learn how to
be effectively involved in City decisions.
(d) City's decision processes shall set a higher priority on effectiveness over efficiency, using decision
processes with high Citizen involvement to advance the common good with the~ wisest possible
decision.
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5. Limited govemlnent with checks and balances. The AshlandConstitution.org survey gave
Citizens a choice between the current wording of government powers in our City Charter, and a
limited-powers wording based on the US Constitution. Citizens overwhelmingly chose the limited-
powers version. Constitution Dialogue sessions clarified that Ashlanders hold the core value of
limited government 1with checks and balances. Power is separated into branches to ensure that no
one person or small group obtains disproportionate power. Participants didn't want the city council to
take over the mayor's power or responsibilities, nor. did they want the mayor or a city _manager to
unilaterally run the (~ity. They wanted a clear separation of powers, and'a clear boundary between
roles. Governments are normally divided into 3 branches-legislative (our city council and
commissions/committees), executive (mayor, city administrator, and city departments), and judicial
(municipal judge and court staff). Ashland has a 4th branch of government-the city recorder's office.
The city recprder n~ports directly to the Citizenry, not to any other branch. This 4th branch of
government acts as an oversight branch, making sure that election filings are fair and legal, that
campaign finances and other documents are public information, and that the city treasury and
investments are protected.
5. Limited Gove~nment With Checks- A'nd Balances. We The People establish that City
government shall t.e based on limited powers, divided among 4 branches of government, with
checks and balanlr:es to prevent power or decision authority being concentrated In a few
individuals.
(a) City shall have only those powers granted to it by the Ashland Constitution, State of Oregon law,
or federal law; all otller powers are reserved by We The People.
(b) Before expandin~g City powers or services, a Constitutional amendment shall be presented to the
electorate, who shaN grant or deny said power or service based on a majority vote.
(c) City shall maintc.in a balance of power among the legislative, executive, judicial, and oversight
branches of City government, as established in the Ashland Constitution. No one branch of
government shall ac':quire power relative to, or power over, another branch without approval by a
majority vote of the people.
6. Accountability. J~ccountability means answerable for results. To be accountable means that City -
decision-makers should specify the anticipated outcomes, and possible unintended consequences.
In our surveys and dialogues, lack of accountability was a big issue. Many said "The city is going to
do whatever it wants to do, regardless of what Citizens say." They were angry about the lack of
accountability, and wanted it fixed. The place to fix it is the Ashland Constitution. Participants
wanted our Constitution to require the City to explain who made the decision, when it was made,
exactly what was del:ided, and why.
6. Accountability. We The People recognize that sound government requires public servants
to be accountable and answerable for decisions and their consequences. We The People
establish that individuals are elected and appointed to public office to represent and
administer the public will, and thus are accountable to the public.
(a) City shall work to discern and implement the ongoing will of We The People.
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(b) For a given issue, City shall identify what person(s) and/or group(s) have the authority and
responsibility for resolving the issue, and thus are accountable and answerable for the outcomes of
their actions, decision, or indecision to resolve that issue.
(c) When City makes a decision, whether by vote or consensus discussion, the wording of the
decision shall be written at the time, and the minutes and decision records shall indicate who
supported and did not support the decision, any qualifications to that individual's support or lack of
SlJpport, and those who abstained and why they abstained.
(d) At the time the decision is made, City shall explain and document the rationale for the decision,
outcomes anticipated, and possible unintended consequences, including impact on c,ffected property
values and anticipated impact on future generations.
..
(e) City shall work to meet its schedules, budgets, and commitments. City shall maintain on the
internet up-to-date accounts of expected and actual schedules, budgets, and com'mitments for all
projects over $50,000.
7. Honesty -andintegri~.~j>DiaI6gue participants believed that most public serv.ants are honesto
people, working to do a good job for the City and Citizens. Participants strongly wanted to set a high
standard for honesty and ethics. When more than 400 Ashlanders were asked, 840/() wanted a Code
Of Ethics, which the AshlandConstitution.org group developed as Amendment 2. Code Of Ethics For
Public Servants. To ensure that we maintain a high-integrity democracy, they wanb:!d to specify the
City's responsibility to protect whistle-blowers from prejudicial treatment, so honest government is
reality .
7. Honesty And Integrity. We The People recognize that sound govemme,nt /s based on
truth.
(a) City shall not discipline, discriminate, take punitive actions, overtly or otherwise, or terminate any
employee for publicly revealing possible breaches in conduct or procedures that violate the letter or
spirit of the Ashland Constitution ("whistle-blowing'7.
8. Definitions.
(a) "Public servanf' is any person serving the City as an elected representative, officer, employee,
appointee, agent, advisor, contractor, or otherwise, iffespective of whether the person is
compensated for such services.
(b) IIlncluding" is defined herein as "including but not limited to". Items after the word "including~
"include~ "includes", or "included" shall be interpreted as examples, and shall not bE~ interpreted as a
mutually-exhaustive list, or as a representation of the range of potential items.
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AmendmeJrJt 2. Ashland Code Of Ethics For All Public Servants.
We The People e~.tablish that the purpose of City government is to serve the public. All
public servants sh'all treat their office as a public service and a public trust. As a safeguard
for that trust, all ~'ublic servants shall adhere to the following professional Code Of Ethics,
based on 7 core vcllues guiding City government: (1) Honesty and integrity, (2) Openness and
transparency, (3) ,Accountability, (4) High Citizen involvement, (5) Advancing the common
good, (6) Protecting the commons, and (7) Limited government with checks-!and-balances~
1. Honesty and integrity. Citizens said: "Start with the Truth". Dialogue participants decided that
Democracy starts w'ith truth. The simple truth. The honest truth. The whole truth. They believed
that if facts are hidden or misrepresented, Citizens can't make informed choices. They said if
financial projections about projects like AFN are distorted, or "beefed up", we make unwise choices,
and taxpayers pay n1illions out of our own pockets as a result.
Survey-dialogue pal1icipants pondered what juries do. When a court wants to know the real facts, it
requires witness to tell the truth, the whole~truthjandnothingbut the truth. .'Survey~diaiogue
participants decided that when Citizens want to know the real facts from public servants, we need to
require the same.
Participants learned that distrust in government is high, the highest ever measured in over a half-
century of national survey assessments, and continuing to grow. They decided the Ashland
Constitution is our Clpportunity to establish a government that honors the public trust, and that earns
the trust of taxpayers paying the bills. They decided this is our opportunity to reverse the distrust
trend and establish our own city government on a higher plane.
When the AshlandGonstitution.org group surveyed over 400 Ashlanders and asked if our charter
should have a CodE~ Of Ethics, 84% said yes. The most common follow-up was "of course". The
second most common: "Doesn't it a/ready?". (Answer: No, not currently.)
When we asked diallogue participants what values should be in the Code Of Ethics, the No. 1 answer
was "honesty and integrity". Participants said that we Citizens expect honesty from elected officials
and hired hands who work for theeity. We value truth. We assume truth. It's so basic, it goes
without saying.
So it surprised us to learn that elected officials and city employees who lie to the Citizenry don't
violate the state's c:ode of ethics. Oregon's code of ethics covers all public servants--electees,
appointees, emploYE~es, even volunteers working on behalf of the city. But Oregon's code of ethics
doesn't include lying. Participants responded that public servants who lie, or hide or distort the truth,
violated a most fundamental value-honesty and integrity. They explained that it's so obvious, we
assume it. Yet in thl9 law, if it's so obvious that "it goes without saying", then it hasn't been said. We
learned that if we expect public servants to tell us the simple truth,wehave to say so in our Ashland
Constitution.
1. Honesty And Itrtegrity. We The People recognize that sound and honest government is
based on truth. /i~esponsible decisions require honest public servants providing publicly-
shared informatiol' that is truthful and trustworthy. Honest government requires honest
public servants, Bjr;ting with integrity. Public servants shall conduct themselves with the
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highest degree of honesty and integrity. Public selVants shall conduct th~!mselves in a
manner that maintains the public trust in their position. Therefore:
(a) Public servants shall communicate the truth. Public servants shall insure that information used to
make and implement decisions is factually COffect and accurate.
(b) Public servants shall communicate the whole truth. Public servants shall make every effort to
insure thardecision-makers and the public have complete information on issues and optio,!s. Public
servants shall communicate all information relevant to an issue or-option, includin~1 evidence and
information that supports or does not support a given option. Public servants shall not exclude, hide,
minimize, distort, or discount information contrary to a given option, position, recoJ11mendation, or
decision.
~
(c) Public servants shall communicate nothing but the truth. Public servants shall insure that public
information is an accurate representation and is not distorted or misleading. Public sE~rvants shall not
mislead, misrepresent or distort information, make false suggestions, or create false irnpressions.
All . are responsible. Dialogue patticapaYfifS7ffea-t.ned that because it's not explic:itly stated;'city
employees who find untruthful information can ignore it without violating the Chart4~r. Participants
realized that if we expect truthfulness in the public record, we need to establish that all public
servants (employees, appointees, and 'electees') are responsible for correcting any shortcomings
found.
(d) Public servants who learn of inaccurate, incomplete, or misrepresentative information shall
publicly and timely cOffect the inaccuracy, contribute the additional information, and clarify the
misrepresentation. Public servants who learn of an effor in the public record shall tin1ely contribute a
cOffection for that record, or identify and involve individuals who can contribute a correction, and shall
inform the person(s) or group(s) responsible for that record of the effor and cOffectio/1.
Separate fact from opinion. Dialogue participants learned that courts separate fact and opinion.
Facts are objective and confirmable by others. Opinions are personal beliefs. Both are important--
and dangerous if confused. If a public servant says "That street is too wide!", it sounds like a fact.
Or was it just an opinion? Most Citizens hearing the public servant conclude we should narrow,tbe,,,,-.
street. There'are'le'gal standards for safe street widths, and there are opinions abDut street widths-~-~-----
(and 'too much' traffic, and buildings that are 'too big', 'too high', etc.). Currently, employees and
electees often describe their opinion as if it was fact, and we Citizens can't tell the difference. We
incorrectly assume something is a fact because so-and-so said so, only to learn late!r that it was 'just
an opinion' . To ensure we don't misinterpret personal opinion as fact, dialogue pariticipants decided
that we Citizens need to require public servants to follow the same practice required by Citizen
juries-separate fact from opinion.
(e) Public servants shall clarify in advance whether their communication is in thE~ir role as public
servants or as individual Citizens, and whether the information they communic.ate is factual or
personal opinion. Unless a public servant clarifies otherwise in advance, all communication shall be
considered part of the public servant role, and the information shall be considered factual.
Financial conflicts of interesl Citizens: Are they making money on this deal? Survey-dialogue
participants said Citizens assume that public decisions and activities are not bielsed fora public
"servant's financial benefit. They said avoiding conflicts of interestjs~'a::cornerstone of ethical
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government. And WIB learned there's no requirement in Oregon's code of ethics that city employees
financially benefittin!~ from a decision have to be recused from the decision process. Participants
decided to make thajt clear in the Ashland Constitution.
(f) When a public servant's financial or personal interests will be or may be specifically affected by a
decision regarding an issue or option, that public servant shall be recused from any involvement in
discussions or decision regarding that issue or option.
(g) Public servants shall place service to the public above service to self. ..,-. Public servants shall'not
use their position or authority for personal gain or benefit, and shall not seek or accept any gift,
gratuity, or favor thalt could reasonably be perceived as being tendered as an attempt to influence -
impartiality in their official capacity. Public servants shall not accept personal gifts of any kind,
including me{J/s, trips, and entertainment.
2. Open And Tran!sparent Communication. Citizens: Trust is established by open, transparent
communication. Trustworthy communication is clear and understandable. When public servants are
evasive, or secretiv1B, people start to wonder what's really going on? When you ask a simple
question, and can't get a straight-forward answer, you become skeptieatr ":r41ey pointed to the
common experience of spending time on the phone, getting transferred from one desk to another,
trying to get a simple answer to a question. To establish a high-integrity democracy based on the
will of the people, participants decided that public servants need to be open and responsive to
Citizens.
2. Open And Transparent Communication.
(a) In communication with Citizens, public servants shall use open and transparent communication,
without being evasivf~ or secretive, or omitting relevant facts or concepts.
(b) In communication with Citizens, public servants shall use plain language, converting jargon and
technical concepts into language that is understandable to the public they serve.
(c) Public servants shall answer questions in a straight-forward manner that is directly responsive to
the question. Public servants not knowing Jheanswer to a question shall make a good faith effort to
find the answer and/or someone who can answer-the question.
3. Accountability v!s. passing the buck. Survey-dialogue participants quipped that bureaucrats the
world over are kno\lVn for passing the buck, and gave many funny examples where government
workers avoided personal responsibility for their decisions. Participants learned that when Quiet
Village residents asked who designed the strange and (they believed) dangerous intersection of
Hersey Street at Oak Street, the Public Works answer in the neighborhood meeting was "a camel
committee". Participants believed that our current city government often acts to protect staff from
public . accountability, rather than protect Citizens from unaccountable public.. servants~ Citizens
decided that if we ~iant to ensure accountability in government, we need to put it in our Ashland
Constitution.
3. Accountability.
(a) Public servants shall know the limits of authority for their position and shall not exceed or abuse
that authority.. PubHc servants shall bear faithful allegiance to the Citizens of Ashland and to. the '
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highest ideals of their profession, and shall serve the public with due respect, concen}, courtesy, and
responsiveness without prejudice.
(b) At the time a decision or recommendation is made, public servants shall explain the rationale for
the decision, outcomes anticipated, and possible unintended consequences.
(c) Public servants' decisions shall be based on an objective assessment of the merits of the issues.
(dJ Public servants shall be responsible and accountable fo(' duties and decision authority that they
delegate to others, and shall insure that delegated work is accomplished in an et~7ical and timely
manner.
(e) Public servants shall honor and meet their commitments and agreements regarding their official
duties; public servants unable for any reason to meet a commitment or agreement shall notify their
supervisor and the person(s) affected as soon as possible.
(f) City systems shall be self-monitoring and self-improving, with procedures in place to promote and
implement appropriate actions and improvements:"Publiccservants-shall be trained 4and empowered
to improve City procedures and systems by identifying problems and proposing solutions.
(g) Public servants shall honor and follow the spirit as well as the letter of the law. Public servants
shall identify and report to their superiors, the mayor, and the City attorney loopholes between the
spirit and the letter of the law, and shall not exploit loopholes.
(h) Public servants' intervention on behalf of constituents shall be limited to assuring fairness of
procedures, clarifying policies, and improving service for Citizens.
4. High Citizen involvement. In administering surveys to over 400 people, the most common
response to the issue of Citizen involvement in Ashland was "The city is going tal do whatever it
wants to do, regardless of what we say." Participants said the City of Ashland has developed a
strong reputation among many (though not all) residents of deciding in adVanCE! what the 'right
answer' is, and ignoring any 'input' contrary to the right answer. They said for years, people have
complained that Council has,;-already--made up their. minds before the public hearing starts. Many
long-time residents told us they have no further interest in ever speaking before council again
because of bad experiences they and their neighbors have had. They felt that Citiizen involvement
has t>een distorted into "being guided to the right answer". The AshlandConstitution.org survey
found a surprisingly high anger toward the City, with comments like "cramming their decisions down
our throats", "Ietting a few people run the city rather than listening to the majority", "they say thank
you for your 'input' then do what they were going to do anyway". Participants diidn't believe that
Ashland's community value of high Citizen involvement in decisions is being re2ilized. The vast
majority wanted a stronger Citizen involvement specified in the Charter.
4. High Citizen Involvement.
(a) Public servants shall establish and maintain the highest feasible Citizen inv'olvement in City
decisions. Public servants shall insure that alJ Citil.ens have a fair and equal OPPoJrtunity to express
their views in the public decision process. Public servants shall act to facilitate, not block, open
discussion. Public servants shall use dialogue-based meeting processes to frear, honor, and
consider all points of view, including dissenting views..
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(b) Public servants shall use civil and respectful language in communicating with individuals and
groups, addressing issues and not attacking individuals or attributing labels. Public servants shall not
attribute, ascribe, or project intentions, motivations, or agendas to individuals or groups.
(c) Public servants shall respect cultural differences as part of decision-making and shall avoid bias
and favoritism. Public servants shall not demean, discount, or attack individuals based on the
individual's physica/1aharacteristics, personality traits, mode of dress, or membership in any group.
(d) Public servants shall respect the views of multiple stakeholder groups and shall not demean,
discount, or attack p10ints of view with which public servants disagree.
5. Advance .the COITlmOn good. Advance The Common Good is another value that Citizens said
was so obvious, Wf~ can assume it--and lose itl We Citizens assume that city government is
designed for the common good-to improve the lives of everyone. Yet if you look at the current
Charter, nothing in it requires public servants to make decisions for the average Citizen.
The survey-ctialogue~ process heard many comments like "A few people are running this city-for their
own good,noffor:- the people's benefit. n If we want public servants to subordinate"theirpers-onal"
interests and those of a small influential group behind the curtains, we need to say so in our
Constitution.
5. Advance The Cc.mmon Good.
(a) Public servants shall work to advance the common good, and shall frame issues and options to
advance the comm1on good. Public servants shall place the common good above all other
considerations, including the concerns of influential individuals and special interests. Public servants
shall acknowledge public interests and special interests and work to integrate public interests and
special interests into decisions that advance the common good.
(b) Public servants shall use all City resources, including decision authority, paid time, computers,
supplies, and capital assets to benefit the public rather than to benefit any person or group.
(c) Public servants shall implement policies in good faith as equitably and economically as possible,
regardless of their pE~rsonal views.
(d) Public servants shall not conduct, or allow others to conduct, political campaigns on City time or
property, or with any City resource.
6. Protect the comlrnons. The "commons" are those parts of the city shared and enjoyed by all-
water, air, parks, public walkways, open spar.e, the bike path-even information and public
documents. Survey.-dialogue participants reported that in recent years, corporations have made a
concerted effort to buy or .Iease the commons for corporate profit, pressuring public servants to
transfer full or partiall ownership or control to them. Participants decided that we need to ensure that
future generations alre blessed with the same beauty and wonder that we've been blessed with. As
one person said, "Nc.ltive Americans teach us that we don't inherit the land from past generations, we
bOffow it from our children. "
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6. Protect The Commons.
(a) Public servants shall act to protect and enhance the commons.
(b) Public servants shall act to prevent the destruction, degradation, or devaluation of the commons.
7. Limited Government With Checks And Balances. How much government is too much? Our
nation's founders carefully limited the overaR power of 9_overnment, then wisely divid~d_that power
into 3 branches to keep anyone branch (individual or small group) from acquiring too much power.
Dialogue participants were adamant that we clarify that public ~ervants were to work within the
framework of limited government with checks and balances.
7. Limited Government With Checks And Balances.
(a) Public servants shall honor and respect the division of power among the branches of government,
and its checks and balances.
'n, <Xi (b)i'Pablic'seFVants shall not exert undue influence on any other public servant''in 'arty., other -braneh'of
City government.
8. City Responsibilities For The Code Of Ethics. After developing the Code Of Ethics, dialogue
participants clarified that individual public servants will have personal responsibility to follow this
code, and the city corporation has corporate responsibility to train and explain the Code Of Ethics,
and support individuals to follow this important Code.
8. City Responsibilities For The Code Of Ethics.
(a) City shall insure that all public servants are trained in, understand, and follow the Ashland Code
Of Ethics.
(b) City shall establish policies and practices to support adherence to the Ashland Code Of Ethics.
9. Definitions. (Same as Amendment 1.)
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(Amendment 3. Public Forums.)
Public Forum~;--Antiquated Formality, Or Modern Tool Of Democracy?
Democracy was bonn in a Greek public forum. Free men (slaves and women were not allowed) met
in the public square~ to discuss the issues of the day. They listened and laughed, dialogued and
debated, haggled and heeded; and eventually began to agree on basic -concepts and laws to run and
protect their city-state. The Greek public forum was an open public discussion, conducted in the
central plaza, with al bare minimum of structure and limitations. It flourished, and later became the
Assembly. Values, concepts, structures, and ideals from these forums became the foundation of
Greco-Roman law, \lvhich underlies today's thinking about justice, freedom, responsibility, civic duty,
and role of governrTlent. Public forums were the foundation of the extraordinary Greek civilization,
with millennia of impact on Western civilization.
Fast forward from Athens to Ashland, 2005 AD. Our public forum is a hot seat, in a fishbowl, with
one-way talk from Citizento.government, with 6 spotlights and 3 video cameras spinning and _
zooming in to watch you sweat, 2 microphones, "Would you please move your chair over so you're
directly in front of 1 of the 2 mikes?", a red light and buzzer to keep you brief, and a council that
sometimes ignores the speaker and reads the thick council packet for that night's meeting. Ancient
Athenians would be horrified to call what we have a 'public forum'. Many modern Ashlanders call it a
waste of time.
Why would city gove~rnment bother with public forums, when they sometimes don't want to listen?
Attorneys explained:: Public forums are required by law, the all-important First Amendment to the
United States Constiitution, in the Bill of Rights. Public forums come from the phrase 'right to petition
your government'. Federal courts have ruled that public forums at government meetings are part of
your constitutional ri,ght to talk directly to your government. Many city governments would dearly like
to get rid of public forums, but federal courts won't let them.
Like your right to free speech, your right to petition your government can't be removed, but it can be
limited. . That's why Ashland City Council has a 15-minute overall time limiton::the~general public
forum, and a 3-5 minute limit on any given speaker. The City of Stockton, California, upset that
Citizens kept speaking about the city selling the water system to a German corporation over the
people's objection, changed their public forum limit to 2 minutes.
Attorneys also explained: You have a right to petition your government, to speak to your government
directly. And the government has a right to ignore you. There's no legal responsibility for them to
pay attention, to really hear what you have to say, or to respond to you in any way. Councilors are
sometimes legally c:ldvised to not respond in public forums. Why don't they have the legal
responsibility to respond to you? Because you haven't put it in the Charter. You can't depend on the
city corporation to limit their own power. They have no corporate self-interest in limiting their own
corporate power. You have no right to a response unless you vote that right into the Constitution.
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Amendment 3. Public Forums.
What can we do about public forums? We can improve procedures, at the Chal1er-Constitution
level.
1. Revamp public forums to be more Citizen-friendly. Currently Citizens who speak at City's
public forums often leave feeling that it was a bad experience, and they don't want to return. How
can we make our .public forums more Citizen-friendly? What procedures can be imprc)ved?
(1) Public Forum Anangements. (a) City shall encourage high Citizen involvI9ment in public
forums. Citizens who speak at public forums ("Speakers'? shall be welcomed, thanked, and invited
back.
Explain your interest, not your address. Meeting chairs (Mayor, Commission Chairs, etc.)
sometimes enforce a rule that only those with an address inside the Ashland city limits are allowed to
speak. Some believe this rule is selectively enforced for political reasons. The Ashland community
include57peepla~who-live'outside the city limits and work in Ashland, own businesses in As~and~:et~~;, ""
As house prices' and rents increase, many Ashlanders move outside city limits so they can afford to
live in our community and go to Ashland schools. Dialogue participants said Citizens living outside
city limits should be allowed to speak, as long as they identify their interests in the issues they
address. For example, if you live outside Ashland and work downtown, you should be able to speak
on the downtown plan, and should explain that your interest comes from working dlowntown. Your
home address is irrelevant and shouldn't be asked; your interest in the issue is relevant and should
be explained.
- ,
(b) To encourage wide participation in public forums, any Citizen in the Ashland cornmunity shall be
allowed to speak without providing an address, and shall identify their interest in the issuers) they
address.
Stop publishing private information. The "Speaker Request Form" for public forUlms requires you
to give a street address, which is immediately published on the internet. Citizens said: If you check
the phone book, you'll see that many Ashland Citizens don't want their addressi published. By
needlessly requiring a city street address and immediately pubHshing~:jt).:_1)n_)the internet,-' the City
knowingly keeps many people away from public forums. Publishing addresses lengthens minutes
and chases people away. The "Speaker Request Form" needlessly requests your phone number
and email address, and the City immediately makes your form a public document, so anyone can
obtain your personal information.
(c) To protect privacy and encourage involvement, Speakers shall not be required to provide, orally
or in writing, their address, phone number, email address, or other private inforrnat~on, nor shall City
publish as part of the minutes on the internet or in other medi~ Speakers' private iniForrnation without
prior written approval.
Allow designated readers. Some people want to be heard, but can't attend publlic forums due to
back problems, night driving problems, inability to hear clearly, etc. Others can attend physically, but
are turned off by intimidating television cameras, spotlights, microphones, flas,hing lights, and
buzzers. Sometimes Citizens are allowed to designate a friend or family member to read their
prepared comments; other times they are not. Citizens: Let's make it consistent so call can be heard.
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(d) Those unable to attend for medical reasons and those negatively affected by the public speaking
component shall be allowed to designate another person to read their prepared comments.
Be respectful. Another common practice is to throw the Speaker a curve just before they begin to
speak, asking thern to be brief, consider that there are several speakers, etc. Speakers are
sometimes asked to not repeat what someone else has said, which is often impossible because the
Speaker speaks to the front, and you in the audience behind them cannot understand them. Also, if
people don't repeat other$, politicaUy~m()tivated people then claim that."it wasn't a big issue, because
only one person spoke on it. " Another practice is to interrupt the spea'ker, throw them off by asking a
question, expressin~J skepticism (''yeah, but'1, etc.., before the person finishes speaking.
(e) Public servants shall not ask Speakers to be brief or to not repeat other Speakers, shall not
unnecessarily inteffupt the Speaker, and shall not say anything that would limit the Speaker's First
Amendment Rights in a Public Forum.
Prevent repeats b~f combining time. By limiting everyone to 3-5 minutes each, public forums
guarantee that cornplex issues cannot be presented, from the Citizens' viewpoints. At council
meetings, the mayor sometimes (but not always) aflows 2 or more speakers to combine their allotted
time, which allows ;a more thorough presentation with which several people agree. Without this
procedure, public forums predictably become shallow repetitions.
(f) To adequately pfi9sent issues without repeats, Speakers shall be allowed to combine their allotted
time with other Speakers.
Fair and consistent time limits. Meeting chairs are allowed to arbitrarily set time limits on speakers,
after they see who is speaking, without regard for how many people are planning to speak. A single
speaker at a 15-minute public forum can find their time cut from the normal 5 minutes to 3 minutes,
just because the me~~ting chair doesn't want to hear from them.
(g) City shall not set a maximum limit on each speaker less than 5 minutes.
Enable show of h~lnds, to save time. When a big issue comes up (like Bemis, Nevada LID,
Fordyce, Northlight,Roasting CompanY<retc.), many people attend the meeting to vote with their,Jeet~
without speaking. /J~ simple request from a speaker to have a show of hands of "who here agrees.
with x?" could sav~~ time by not requiring each person to sign in, come up to the fishbowl
microphone, and giv1e their name and house address, just to say "I agree. ".
(h) To save time and encourage involvement of those attending but not speaking, Speakers shall be
allowed to request a~ show of hands of audience members who support or oppose a given issue or
option.
~~tings in council ~:hambers use a complex system of cameras, microphones, overhead projectors,
and timekeeping. On the table, in front of the 'hot seat', are warning lights and buzzers, which are
not ..~xplained to pe~)ple before they begin speaking. This issue could be resolved with a simple
explal\ation on the sign-in sheet or separate handout, on the side wall with the other minutes,
agenda~~ etc.
."
...
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(i) To reduce anxiety and confusion, each Speaker shall be provided in advance a written description
of (1) any timekeeping system used to time their comments, including description of ''''aming buzzers
or lights, and (2) seating, microphone, live broadcasting, and video-taping a"angemel1ts.
Summarize email issues to prevent unnecessary appearances and save time. Many people
these days prefer to send councilor commissions an email, which are available for anyone to read
on the city web site <http://pine.ashland.or.us/pipermail>. Unfortunately, many of these emails are
ignored, just. as Citizen messages at the oral public forums. Nobody . i~ respctnsible to read,
summarize, or respond to the many thoughtful emails sent by Citizens, which are already organized
by topic in individual 'Ii stserves' for council and commissions. For listserves to be .:!ffective tool for
discussion and dissenting views, we need a listserve moderator to summarize and pn:!sent the issues
to the Council/Commission to ensure Citizens voices aren't ignored.
..
(j) To save time while encouraging involvement through email, public forums for items on the agenda
("Agenda Forums'? shall begin with a listserve moderator summarizing issues raised in the public
listserve.
Drop the divisive "For" vs. "Again'st";'fhose":Speaking on Planning Appeals havE~ been forced to
designate whether they were "For" or "Against" the appeal. Many people want to spteak on issues of
concern to them and to the council, without being forced to choose sides needlessly. They see
pluses and minuses and want a balance. Needlessly forcing people into opposing cclmps is a divide-
and-conquer tool of divisive politics. It obstructs consensus-building, and it creates an artificial
situation where decision-makers claim they had to decide on their own, because 'WE~ got opinions on
both sides. ".
(k) For Agenda Forums or any other type of public forum, Speakers shall not be grouped into "For"
and "Against" groups, or any other polarizing designation.
Revamp the minutes procedures. Minutes, usually' a trivial bureaucratic detail, take on greater
importance in a public forum. Minutes of public forums become THE officia.l record of the
proceedings. If it is not in the minutes, then practically speaking, you didn't sctY it. There's a
perceived problem of minutes not fairly representing what the speaker said. From a ICOUrt's view, you
can't appea~"a;,subjectthat wasn't in the minutes or otherwise in the official record. This givesi\tbe,~,';'7.~":'
minutes-taker procedural power affects court decisions. The minutes-taker isn't obligated to include
all the points you raised, and the court won't allow you to argue a point unless it's i:n the minutes or
otherwise documented. Past speakers submitting prepared remarks have some!times had them
ignored or reworded to suit another purpose. The minutes-taker isn't obligated to record council's
answer or lack thereof. How should we handle this procedural detail that has so much legal and
public relations impact, and the potential to be misused for political purposes?
(2) Public forum minutes. (a) For the minutes, Speakers shall be allowed to subnlit a copy of their
prepared comments, a numbered list of their keypoints,~. and/or a summary selection of key
sentences from their prepared comments. The Speaker's written submission of their prepared
remarks may be submitted before, during, or within 24 hours after the public forum, and shall be
included in the minutes without alteration. For Speakers without a written submission, the minutes-
taker shall include in the minutes every numbered point raised by the Speaker, and the responses
from public servants.
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Allow speakers t.) correct their part of the minutes. Currently, when the minutes-taker
misrepresents a speaker's comments, the speaker has no right to correct them or suggest
corrections. Only official members of the councilor commission are allowed to suggest changes to
the minutes. So if the members in attendance at the next meeting support, for any reason, a
misinterpretation or omission in the minutes regarding a speaker's comments, the speaker has no
right to correct thelm. The current system allows the minutes-taker to reword and re-frame, or
selectively omit whslt a speaker said, and let the City's group prevent the speaker from making any
corrections. ._ Citizens: This needs to be fixed.
(b) Draft minutes shall be posted on the City's web site as soon as the draft is completed, with an
aleri to each Speaker who requests the aleri, notifying the Speaker that the draft minutes of their
comments have bE'en prepared, and inviting the Speaker to suggest changes to the minutes.
Speakers shfJlI be allowed to suggest cOffections to the draft minutes to the minutes-taker, who shall
convey those changres to the body holding the public forum ("public forum body"). The public forum
body shall COffect the draft minutes with the Speaker's suggested corrections, unless the public
forum body finds the~ suggested cOffections to be factually incoffect.
Report correction!; fairly. If the draft minutes misquote a Citizen';: andthe'Oitizen gets that
misquote corrected before minutes are approved, the misquote from the draft is still published in the
approved minutes, and an addendum is added later, in another section I Newspapers use this
practice when the present false information on the front page (headlines), then 'correcf it days later,
in a small insert buried inside the paper, where almost nobody will read it or connect it with the
original story. The City can use a similar procedure to manipulate public opinion using false or
misleading information, while still claiming it was later 'corrected'. Citizens: Incorrect minutes should
be replaced, not just explained later in a location you can't find.
(c) To avoid reade'r misunderstanding, incoffect text in draft minutes shall be replaced by the
coffected text in hard copy and electronic versions, rather than simply appending corrections in a
future minutes version. When text is altered for already approved minutes, a note shall be added just
before the incoffect Iminutes that refers the reader to the location of the cOffections.
Citizens: This procedural amendment will make public forums a little more Citizen-friendly, though
these improvement 'won't satisfy the Greek definition, of a public forum. To realize the Greek public
forum, we need dialogue sessions like the AshlandConstitution.org dialogues, where anyone can
speak from the heart and truly be heard, with their voice becoming part of the community's voice.
The current public 'forums are an important part of the total solution, because of their legal and
procedural position,
This Public Forum )~mendment will give Citizens stronger legal footing to represent their issues to
city government, without jumping though needless hoops. As Paul Carrington said in his Association
of Trial Lawyers of ~America article ''The dark side of the law": "The contemporary fashion is not to
require the weaker party to sUffender substantive rights, but to require him. or her to surrender
procedural rights ne~~ded if the substantive rights are to retain their value",
Remember the quot1e: "If I want to deny someonE~ their legal rights, the first thing I do is take away
their procedural rights. "
3. Definitions. (Sal.ne as Amendments 1-2).
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(Amendment 4. Public Interest Vote.)
Public Interest Vote-.What Is It, Anyway?
1. What's a Public Interest Vote? A Citizen vote on proposals being submitted to City Council.
2. What's the purpose? To. give a voice to the 'silent majoriw'. The so-calledl 'sUent majority'
represents the public interest. The Public Interest Vote will represent the public interest in major city
decisions. The Public Interest Vote will clarify the will of the people. The Public Interest Vote will
augment special interest input to local government. The Public Interest Vote. will do what a public
hearing is supposed to do-tell Council what taxpayers want.
3. What do we vote on? An already identified proposal. Public Interest Voters 1will vote only on
an already-identified proposal--big issues: a taxpayer subsidy of AFN, a devielopment being
appealed (like Northlight), the real estate sales tax for affordable housing, a Loc~1 Improvement
District.(LID), etc.. We expect a Public Interest Vote ~ever;y.~1;~2"m9nths..: The Public Interest Vote is
not a brainstorming or problem-solving group. It won't develop proposals or count.er-proposals. It
has a limited and important job--to vote on the public interest in an alr4:!ady-submitted
proposal.
4. Who votes? The entire Ashland community. We're all strongly affected byAFN, Northlight,
speed bumps and bumpouts, the downtown plan, the meals tax, and the proposed real estate sales
tax. So the Public Interest Vote involves the entire Ashland community, which includes workers and
business owners who live outside the city limits, and property owners who pa~r taxes and LID
assessments yet live elsewhere (many planning to retire here). We expect hundreds to participate.
5. Why not just use public forums? Because they don't work. Public forums are time-consuming
and Citizen un-friendly, so only those with special interests or property impact have the motivation to
suffer through them. A Public Interest Vote won't require attendance at any meeting.
6. How will the process work?
Step 1: A proposal is pr9pared~).foji.,tbeCouncil (by city staff, commission, dE!veloper, etc.).
Step 2: A sub-group of all interested Public Interested Voters prepares a Public Interest
Report, identifying the proposal's effects on pre-defined public intelrests.
Step 3: This Report is given to Public Interest Voters via email, handouts, radio, TV , etc.
Step 4: Public Interest Voters vote whether this proposal is in the public intE~rest.
Step 5: Public Interest Vote results are presented to the Council as part of their decision.
Major proposals (tax plans, developments, LIDs, etc.) coming to Council from stalff, commissions,
--" etc.. After a major proposal is prepared and available, the Public InterestVote process begins. A
subgroup of all interested Public Interest Voters will prepare--aPubliC"~'lnterest Report on that
proposal. The report will have no recommendations--it will just list the proposal's anticipated effects,
positive and negative, on a standard list of public interest issues (see attached worksheet for a
simple example). The report will be written and/or presented orally. We expect a blrief written report
and a presentation about the issues. This report will be distributed to all Publi~:; Interest Voters
through emait, the city recorder's office, community radio and TV, etc.. For most prc)posals, it should
be possible for an average Citizen to educate themselves with 1-2 hours of reading, an emaiJ report,
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listening to the radio, or watching a TV show, given community discussions already occurring.
Normally we'll havE~ 2-4 weeks (or more) to digest and discuss the public interest issues as a
community and get the Public Interest Vote results to Council before Council votes.
7. What's the key to its success? Educate and empower Citizens to vote on major proposals
like AFN and the reial estate sales tax. Many Ashlanders have strong feelings about proposals such
as selling or subsidizing AFN, developments like Bemis and Northlight, LIDs where taxpayers pay for
'impJovements' .the neighborhood majority _ doesn't want, and the downtown _plan. Yet the _'silent
majority' has no time-effective way to voice its values and beliefs with impact. The Public" Interest
Vote solves this prolblem by transforming complaints and concerns into a constructive public decision
vote of the will of thE~ people.
8. What's ttle foundation? Ashland passion. In door-to-door surveying of hundreds of Ashland
Citizens within the I,ast year, we've seen Citizens' passion for Ashland's direction and livability, and
heard many issues--our loss of families and schools, the inordinate power of developers to effect
significant change, controversial LIDs, mayor appointments to the Planning Commission, the
downtown plan, etc. Ashlanders are passionate-and disconnected. Many feel djsenfranchised from
major decisions"affe!cting them and their families. When we encourage people to speak to Counc~,-'-
many have no interest in doing so because "The city does whatever it wants to do, regardless of
what we say. " Citize~ns don't want to sit through boring meetings. They want to vote. And vote they
did. In the last elec::tion, almost 12,000 of the 14,000 registered Ashland voters voted. That's not
voter apathy. That's involvement. Talking has little impact. Voting makes the decision. Citizens
want more than a public forum to complain. They don't want to be 'input'. They want to decide.
They don't want to v1ent. They want to vote.
9. Can you give mt! an example? Sure. Here are 4 good ones!
Example 1. AFN. The AFN Options Committee will report pros and cons of 3 (or more) AFN
options: selling J!\FN, Russ Silbiger suggested a task force to report the financial effects of 4 AFN
options: selling ,AFN; subsidizing AFN; etc. The committee won't identify social effects, just
financial costs and benefits. The Public Interest Report would identify public interest effects for
these same proposals, which will affect all our taxes and utilities for years to come. Then we
would vote, before Council votes.
Example 2. Northlight. Developers presented to the Planning Commission a proposed
'Northlight Project' on Lithia Way. Neighbors presented the 'downside' effects on their
neighborhood. These presentations were televised and are available on video, so the Public
Interest Report \,\,on't need to present the project or its opposition. The Public Interest Report will
identify effects on the rest of us, those with a general public interest in the project. We'll all have
to live with the results, positive and negative; the Public Interest Vote will allow each of us to vote
our decision regalrding the public interest.
Example 3. LID Projects. LIDs design a blueprint to alter a neighborhood street with sidewalks,
speed bumps, streetlights, bumpouts, median islands, etc. Neighborhood property owners pay
part (40% for sidewalks), and city taxpayers (all of us) pay the rest (60% for sidewalks).
Neighborhood property owners can vote on their 40%, but who votes on the Ashland taxpayers'
60%1 Nobody. Public Interest Voters would decide whether they support paying the costs of the
60% charged to clll taxpayers. City Council would integrate the neighborhood vote with the Public
Interest Vote to nlake their decision.
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Example 4. Bemis and Fordyce. For the Bemis and Fordyce projects, publil:: interests were
actively represented. For these 2 developments, the public spoke strongly albout effects on
Ashland livability, density, affordable housing, and economic impact. The publi~:: had impact on
the Council vote, and Council overturned both planning commission decisions. B~~mis developers
have now submitted a Measure 37 claim against the city for $2 million, which taxpayers would
have to pay. We can't assume public interests are taken into account. In 'quasi-judicial
decisions' - such. as planning:appeals, if public interests aren't specifically expresised, they aren't
part of the official record or the decision. If we assume it, we lose it.
10.- How will the Public Interest Vote relate to Council's decision? It infonns the Council
decision. The Public Interest Vote won't replace public forums or Council decisions. The Public
Interest Vote. tells the Council how the people evaluate a given proposal's impa~::t on the public
interest. Council will be responsible to integrate the public interest (now clearly stated) with special
interests (represented separately). The current planning process is often pne-occupied with
competing special interests and zoning changes, codE~ violations, and detailed legell interpretations
-,,- of Ashland...Municipal Code. The Public Interest Vote does not resolve legal issue:~.. ..,..Eocexample,
the Public"'lfiterest Vote would not try to resolve the legal issue of the 20-ft setback-for theNOfthHght
project. The Public Interest Vote is simply an impactful way for the public to re!present its own
interests in proposals before the Council. No more 'silent majority'.
11. Is a Public Interest Vote a referendum? No. A referendum is a long, drawn-out, expensive
option, after Council decides. It takes weeks to file and collect signatures, then 3+ months to
schedule for the next election through the county clerk. Public Interest Votes are done during the
public hearing period I before Council votes, to let Council know what taxpayers 'want. It doesn't
replace a referendum, though it might prevent one.
12. Can we start now? Yes. We don't need a charter change to start a Public Interest Vote. We
can start with a Public Interest Vote on AFN, which will cost taxpayers millions of dollars regardless
of the option chosen.
AshlandConstitution.org Report To Council On 5 Charter Amendments, With Annotations.
Page 21 of 28
(Amendment 4. Public Interest Vote.)
Public Interest Report Worksheet (Draft)
Proposal:
(Examples: AFN Options, Northlight, an LID, etc.)
What Are The f)ositive And Negative Effects Of This Proposal On Public Interest
Issues?
Note: Anyone proposal probably won't affeGt all the issues below. (*=Major Effect)
Public Interest I!.sue: -- + -
"J.;',.-*
Public safety & hE~alth
Environment
Transportation & parking
Housing
Education
Local economy
Land values & pr(~erty taxes
Individual rights
Quality of life
Sustainability
Future generations
Our 7 Core Value:s Guiding Local Govt: - --,
1. HonestY & Integrity
2. Accountability
3. Open & Transparent Govt
4. High Citizen Involvement
5. Advancing The~ Common Good
6. Protecting The Commons
7. Limited Govt "'lith Checks & Balances
Your vote:
On balance, doe!>> this proposal advance the public interest? Yes No
AshlandConstitution.org Report To Council On 5 Charter Amendments, With Annotations.
Page 22 of 28
Amendment 4. Public Interest Vote.
1. Purpose. We the People recognize that voting on elected representatives i~; only part of a
democracy based on the will of the people. We therefore form an ongoing gl'Oup called the
Public Interest Vote to articulate the public interest issues for a propos..!1 that City is
considering, and vote whether that Proposal advances the public interest.
For this section, a Proposal shall be defined as any formal recommendation or design option with
significant potential impact on the public interest, including planning appeals, pub#a improvements
and Local Improvement Districts, major changes in utility services, public debts, changes to the
Ashland Municipal Code, and major ordinances and resolutions.
2. Public Interest VotetS. Public Interest Vote members ("Public Interest Voters") shall include
every interested voting-age adult who (1) resides or works in Ashland, (2) owns or rents property in
Ashland, (3) owns or operates a business in Ashland, or (4) conducts business on a weekly or more
frequent basis in Ashland.
3. Public Interest Report Fora ,given Proposal, a subgroup of all interested Publif'; Interest Voters
shall prepare "'8nd" distribute: fO'f/.the- membership a written and/or oral Public Interest Report" "',
summarizing anticipated positive and negative effects of the Proposal on public interest issues,
including public safety and health, the environment, transportation and parking, affordable housing,
education, the local economy, land values and property taxes, rights of individuals, limited
government, quality of life, sustainability, affect on future generations, and the 7 core values.
Anticipated effects shall include possible unintended consequences.
4. Vote. Public Interest Voters shall review the Public Interest Report and vote Yes-No on the
question: "On balance, does this proposal advance the public interest?" The number and percentage
of Yes and No answers to this question shall be timely reported to City and included in City's public
records for that decision. Meeting attendance shall not be required to vote. City shall include the
Public Interest Vote in its deliberations and shall integrate the public interest and special interests to
advance the common good. In its decision and implenlentation, City shall make a good faith effort to
mitigate negative effects identified in the Public Interest Report.
5. Facilitated dialogue process. Public Interest Vote meetings shall use a fa(~ilitated dialogue
proCf1Ssfdesigned to be inclusive, open to and respectful of all points of vie\v,.'and;EJE~ighb()dy. Public
Interest Vote meeting shall work toward a consensus understanding of public interest issues. Public
Interest Vote meetings shall not be facilitated by a City' employee. Those with a spe~cial interest may
submit information to inform the Public Interest Report, but shall not be allowed to (1) define or frame
the public interest issues for that Proposal, (2) lead or facilitate a Public Interest Vote meeting
regarding that Proposal, or (3) prepare or present the Public Interest Report for that Proposal.
6. Self-managed group. Public Interest Vote shall develop and follow guidelinE~s and operating
practices to actively represent the public interest, and shall choose their own facilitator, working as a
self-managed group. Public. Interesl:Vote shall function as a group of individual Citizens, and shall
not represent stakeholder groups or special interests. Public Interest Voters shall function as
individual voters of the public interest and shall not be considered Public Servants a(~ting on behalf of
the City or acting as part of the municipal corporation. The Public Interest Vote shc311 be adequately
funded as a line item in City's annual budget, including the facilitator and meeting costs, costs to
prepare and distribute Public Interest Reports, and costs to conduct and report the Public Interest
Vote.
7. Definitions. (Same as Amendments 1-3).
AshlandConstitution.org Report To Council On 5 Charter AlT\endments, 1With Annotations.
Page 23 of 28
AmendmeJnt 5. Public Improvements (Condemnation And LIDs).
1. Condemnation. The Supreme Court ruled in June 2005 that city governments could condemn a
homeowner's property for immediate resale to a developer, satisfying the 'public use' requirement for
condemnation by increased tax revenue and 'economic developmenf. The Supreme Court said that
legislative limits could be placed on a city's right to condemn. In our survey of 400+ Citizens (before
this extraordin_ ary ruling),. over 92% wanted a more limited role _ for city governmen~ than is in our
current Charter. Cijtizens: If we don't want the city to condemn our land and sell it to 8"developer, we
need to say so in the Charter.
1. Condemnation" (a) City shall not condemn private or public property without a majority vote of
the electorate. Said vote of the electorate shall occur no less than 60 days after Council has fully
stated the purposes to which the property shall be devoted, the party or parties who will own or
control the prope~, and the costs for such condemnation, including administrative and legal fees.
(b) City shall not sjell, lease, or in any way transfer full or partial ownership or control of property
taken by condemnation without a majority voteoftheelectorate~.,',sa;d"voteshall occur no less/han 60-
days after Council names the party or parties re(';eiving full or partial ownership or control, the price
and terms of the transfer, and the expected uses of the property after the transfer.
(c) Subject to the majority vote of the electorate in Section (1 ) (a) City shall have the power to
condemn private or public property only (1) for a public use, provided that the properly will be utilized
by the public, or (~?) to alleviate a public harm, after City has exhausted all other alternatives to
alleviate the public harm.
(d) Nothing in this Constitution shall authorize City, or any corporation, agency, or entity created by
City or subject to City's approval and authorization, to institute or exercise the power to condemn
private or public property for the purpose of economic development if an individual, organization, or
corporation would own any right, title, or interest in the property so acquired.
2. Public improvements require majority approval. What's an LID? An LID (pronounced as
letters, 'L-I-D') is a 1L0callmprovement District, where neighborhood property owners pay part of the
costs for sidewalks, speed bumps or"bumpouts, concrete crosswalks, street lights, etc. Historically, a
neighborhood 'LID' was the essence of community democracy--neighbors coming together to dig a
well, b~ild a canal or road, etc. Since local projects primarily benefit a few properties, LIDs are
designed so properties benefiting from the LID part of the costs. For many years, Ashland LIDs have
been controversial. Survey-dialogue participants explained that Ashland LIDs have morphed into a
process where the City decides what's best for a neighborhood, then puts liens on homeowners'
properties to pay for it, even if the neighborhood majority opposes it.
2. Public improvements require majority approval. (a) City shall not levy assessments or put a
lien on any property for a public improvement without the majority approval of affected property
owners. City shall only implement public improvements that are approved by a majority vote of
property owners affi~cted by the public improvement.
(b) Owners of properties adjacent to the public' improvement shall have a full vote in the public
improvement decision. Owners of properties required to use a street with the public improvement for
access_ to their properties shall also have a full vote. Owners of properties near street improvements
AshlandConstitution.org Report To Council On 5 Charter Amendments, With Annotations.
Page 24 of 28
shall decide on a block-by-block basis whether they are full or partial or non-voting properties, based
on their use of the street being improved and the potential impact to their properties.
(c) City shall send all cOffespondence regarding the public improvement to the property owner's tax
address, and if that address is not the situs address, City shall also send the same ,~offespondence
to the current resident at the situs address.
3... Voiding and. d_is.aU~wing LID vote waivers. _ For years, Ashland's eJanning Department has
sometimes required homeowners to sign away future rights to vote on their neighborhood LID as a
condition for a permit to remodel, add a room to their house, etc. Many see the only purpose of such
a waiver as preventing neighbors from objecting to the City's LID plan. LIDs are scheduled in the
near future for several parts of the city. Some people have bought property with this LID waiver
attached.
3. Voiding and disallowing LID vote waivers. Homeowners remodeling their houses shall not be
pressured or required to sign a waiver of their right to vote on any current lOr future public
improvement project to receive a City permit. __ Any and all such waivers signed by horneowners in the
past are hereby voided.
4. Open and transparent design. Currently, Public Works redesigns neighborhood streets behind
closed doors, with no records of many meetings, including who attended, what desi~Jn features were
discussed and decided, and why. Survey-dialogue participants saw no good reason for meetings
about sidewalks and bumpouts to be conducted in sE~cret, with computer records of the meetings
erased, as occurs now.
4. Open and transparent design. All meetings regarding public improvements, including staff
meetings of public servants in Public Works and the Planning Department and meetings with
contractors and developers, shall be announced at least 7 days in advance on the (~ity web site and
by email to interested parties. Individuals shall be allowed to silently observe the nleeting and take
notes or record the meeting for those unable to attend. At each meeting re~,arding a public
improvement, a public servant shall be designated to take official minutes, which shall include the
date and time of the meeting, the public servant attendees, the issues and pros and cons of options
considered, and - the rollcall-vote of any preliminary or final decision or recommendation, along with,. -
each person's comments-sOT qualifications regarding their vote. All fIipchart and whiteboard
information shall be documented as part of the minutes.
5. Developers' LID responsibilities. Developments add traffic, and often require streets to be
upgraded to handle the increased traffic. Historically, the City has required developers to pay their
sh~re of street improvements, and not allowed them to vote against the LID. Since rnany developers
sell the lots and move on to another development, they usually have no long-term interest in the local
street. The city attorney said the city's legal position is that developers get to vote for or against the
LID required for approval of their development. In the Nevada Street LID case, the developer got to
cast a block of 69 votes, more votes than the rest of the neighborhood combined. In an LID of 125
lots, the developer was a one-person majority.
5. Developer's LID responsibilities. As a condition for development approvGI/, developers of
properties shall be required to pay in advance for street and sidewalk improvements required to bring
the development access street up to CUffent city standard. Developers of properties so required shall
.<haveno:vote on the design of said improvements- or the decision to implementthat.d19sign:...- ~~;..~.
AshlandConstitution.org Report To Council On 5 Charter Amendments, With Annotations. Page 25 of 28
6. Community building before engineering. Nationwide, communities use a community-building
program called the 3Es to solve local traffic problems: Step 1, Education. Explain the problem,
show the accident and speed data, and increase awareness and voluntary compliance. Use a radar
board to show residents how fast they're driving. That often solves the problem. If it doesn't, try
Step 2, Enforcement. In this step, Officer Friendly passes out a warnings and tickets on an ongoing
basis. If Steps 1 and 2 both fail (and not until they fail), try Step 3, Engineering. Many cities require
this formal 3-step process, with each step extending over several weeks or months, to ensure they're
not putting i.r1 speed bumps and bumpolfts needlessly. Ashland has no such requirement. In our
survey of 400+ Ashlanders, 90% said the city should be required to follow the 3Es'program.
Citizens: We don't want liens on out properties and city tax dollars paying for speed bumps and
bumpouts when nei!ghborhood education and periodic police enforcement could solve the problem,
especially with a $1S.5 million debt to pay for AFN. They wanted community, not concrete.
,
6. Community building before engineering. (a) To resolve traffic safety problems, City shall
follow a formal proc49ss of community-building of Education and Enforcement prior to Engineering the
street ("3 Es Progranl'?
(b) Before the 3Es Program begins, City shall publish on its web site for,the affected neighborhood
area: (1) complete t~ccident data and maps for streets and intersections for the prior 10 years, (2)
complete data and rnaps of traffic count and traffi(~ speed for the prior 20 years, (3) citation history for
the prior 5 years, and (4) a current engineering study documenting the traffic safety problems at the
problem intersection(s) and street section(s).
(c) After this infonnation is published, the nei~1hborhood shall conduct an Education phase of
awareness, open public discussion, problem-solving, and voluntary compliance. The Education
phase shall extend at least 6 months and communicate the traffic safety problems and proposed
solutions to every affected property owner and resident, and seek long-term voluntary compliance to
speed limits, stop signs, yielding to pedestrians at intersections, and other traffic laws. City shall
provide adequate financial and human resources for the neighborhood to manage its own Education
phase through neighborhood meetings and sunleys, and produce its own newsletter or handouts
summarizing the traffic safety problems and background data. Neighborhood and City shall jointly
define specific obj~~ctives that would indicate when the problems have been resolved to an
acceptable degree. NeighborhoodandCitj'- shall actively work together to reach these objectives
and resolve neighborhood trafficsafety-problenls, including using the radar sign, Neighborhood
Watch Programs, etc..
(d) If the Education phase does not reach neighborhood objectives to resolve the traffic safety
problems, the neighborhood shall begin the Enforcement phase while continuing its Education efforts.
In the Enforcement phase, City shall devote additional police enforcement resources for at least 6
months to insure thiflt the continuing voluntary compliance efforts are reinforced by active, on-going
police enforcement.
No, you can't see the blueprints. Property owners believe they have the right to know what the
City plans for their neighborhood. Yet our city attorney said the city has no obligation to explain its
proposed design-before, during, or after construction. Property owners can have liens on their
homes to pay for this design. These liens can be thousands of dollars, and often take 10 years to
payoff-with compounding interest. The city's position is that it is legally required to tell property
owners how much the project will cost and how much the liens on their homes will be, but has no
responsibility toshc.w the property owners the design blueprints, or describe the project beyond a
AshlandConstitution.org R4:!pOrt To Council On 5 Charter Amendments, With Annotations.
Page 26 of 28
general phrase like 'safety and traffic calming'. Citizens: "That's absurd. It's time to change the LID
process in the charter. "
(e) If Education and Enforcement phases are unsuccessful at reaching neighborhood objectives to
resolve the traffic safety problems, the neighborhood shall begin the Engineering' phase. In the
Engineering phase, City and affected property owners shall work together to determine what
Engineering design features could be used to reach the objectives and resolve the traffic safety
problems. Publiq Works staff shall function as technical advisors and generate .3 wide range. of .
options with supporting data, pros, and cons. Before' ,any traffic impediment such as speed bumps,
median islands, curb extensions, and bumpouts is used, the Fire Department, Police Department,
and Emergency Medical Services shall conduct their o~vn studies of the proposed tratfic impediment's
effect on emergency response time to the affected nE~ighborhood; said studies shall be reported to
the neighborj1ood as early as possible in the Engineering phase. When a majority of affected
property owners agree with the basic design features, the design shall be engineenEJd and drawings
completed before Council begins work on an ordinance or resolution to approve the improvement
project. As part of the public hearing process for said ordinance or resolution, City shall allow at least
60 days for any interested party to review the design drawings and suggest chan~';/es prior to final
neighborhood and -Council approval. If a.. majority vote of'affected properties approves the final
drawings and affected property owners pay all project costs, Council shall approve the public
improvement. If a majority vote of affected properties fjpprOVes the final drawings and City pays part
of the project costs, then the Council shall approve thE~ design if a majority of Councilors support the
design.
(f) Following approval of the final drawings, Public Works and other City departments shall have no
authority to alter the design or negotiate with individucll property owners about adjustments for their
property without majority approval of those empowered to vote on the final design. City shall notify
property owners by mail at least 14 days in advance of placing a lien on their properties with a full
explanation that a lien will be placed on their property unless they prepay the lien a/nount, with a full
description of the options, procedures, and timetables tor paying the lien amount on their property.
(g) Public Works shall conduct and report via the city web site a series of Engineering studies of the
traffic safety problems just before and just after the E.ngineering change is made, and at 3-month
intervals afterwards for 1 year to determine if the En~1ineering phase resolved the problem. Public
Works shall insure that these studies are comparablo to each other in all feasiblel aspects. If the
before-after study shows that the objectives were not ,net and traffic safety problems are unresolved,
City and neighborhood shall continue to make Education, Enforcement, and/or Engineering changes
to resolve the traffic safety problems, including the possible removal of the unsuccessful Engineering
changes.
7. Definitions. (a) & (b) Same as Amendments 1-4.
(c) "Condemn" shall be defined as the exercise of eminent domain.
(d) "Property owner" shall be defined as the owner(s), trustee (s), or legal repres~~ntative(s) of the
owner. If the property has more than one owner, the uncontested vote of one property owner shall
constitute a vote on behalf of all owners. If for any re(~son the property owner does not vote for their
property, a current resident on the property shall be empowered to vote on behalf of the owner(s).
AshlandConstitution.org Report To Council On 5 Charter Amendments, With Annotations.
Page 27 of 28
(e) "Affected properties" and "properties affected by the public improvement" shall both be defined to
be all properties affE~cted financially or non-financially by the improvements, by street access to the
property, by traffic diversion as a result of the public improvement, or by delayed response time for
emergency services to the property.
(f) "Majority approv~rl of affected property owners" shall be defined as more than 50% of the total
number of full and partial votes that could be cast by property owners of affected properties. Each
property shall have cr full or partial vote for each lot that the property could be potentially divided into.
(g) "Public WOtKS" shall be defined as the City of Ashland Public WOtKS Department or other City
department responsible for managing the public improvement.
(h) "Development access street" shall be definE~d as the residential street(s) and neighborhood
collector street(s) used or expected to be used as the primary route for those traveling from the
development to an arterial street.
AshlandConstitution.org Re!port To Council On 5 Charter Amendments. With Annotations.
Page 28 of 28
From:
To:
Date:
Subject:
"Jo W. French Sr." <jo@jwfs.org>
Barbara Christensen <barbarac@ashland.or.us>
10/:3/2005 9:58:31 AM
Council study Session 10/3
Resent to include Jackson Co. ordinance in attachment.
Thanks for your info during our meeting last Thursday.
I am attaching a pdf document containing condemnation info and a request
that
the council consider the desirability of including some restraints in
the existing/proposed
charter.
I note that the subject is also raised in the ashlandconstitution.org
presentation.
Perhaps the background info I include may be of help in the discussion.
If appropriate, please distribute copies to the Council members prior to
the meeting. Please advise.
I hope to attend.
*/Jo
aka Jo W. French, Sr.
/*
Should the Ashland Charter contain specific language concerning the use of eminent domain?
Background:
In June, 2005 the US Supreme Court ruled in Kelo et al. vs The City of New London et al. that the taking of
property from private persons, A and transferring it to private persons, B with the expectation of benefits to the
community, including, but not limited to, new jobs and increased tax revenue could be construed as "Public
Use".
In their opinion, they emphasized that nothing in their opinion precludes any State from placing further
restrictions on its exercise of the takings power. Since this ruling, many states, including Oregon, have initiated
action to revise their Constitutions and/or Statutes to exclude this type of condemnation activity. Oregon's
effort, HB 3505, was approved by the House; but, went to the Senate too late for their consideration this term.
The proposed City Charter, a suitably modified League of Oregon Cities pro-forma, does not contain provisions
on many subjects, including condemnation, covered by state law. It notes the following statutes in Appendix B
for condemnation: ORS Chapter 35; 223.005 to 223.105; 226.310 to 226.380; 227.300; 281.010; and 281.510 to
281.550.
Recent events:
Many initiatives (see #25 and #49 attached) are in process to bring this issue to Oregon voters in November,
2006.
Jackson County recently passed an ordinance modifying Jackson County Code Chapter 216 to prohibit taking
property for private use. Other local jurisdictions throughout the land are revising their charters or codes.
Requested Action:
The city council is requested to consider the desirability of including a statement, such as the following, in the
existing/proposed Charter:
"Provided, however, nothing included above or anywhere in this charter shall authorize the City of Ashland, or
any corporations, agency or entity created by the City, or pursuant to the City's approval and authorization, to
institute and exercise the power of eminent domain to acquire private or public property if the purpose of the
acquisition is the promotion of economic development for a private business enterprise which business
enterprise would own any right, ti tie, or interest in the property so acquired."
Jo W. French
300 Kent St.
488-3231
.
Initiative 25
BE ITRESO.LVEDBY THE PEOPLE OF THE STATE OF OReC:iON:
The ConstItution of the State of Oregon is amended byadlding the
followIng subsection to Section 18 of Article I:
(Language of existing SectIon 18 is in normal type. New ,subSection
18(a) to 'be added Is in bold type.)
Section 18. Private property or services taken for publiC use"
Private property shall not be taken for publiC use, nor the particular
services of any man be demanded, without just compenS4:1tton; nor
except in the case of the state, without such compensatic~n first
assessed and tendered; provIded, that the use of aU roads, ways and
waterways necessary to promote the transportation of thle raw
products of mine or farm or forest Dr water for beneficial use or
draInage Is necessary to the development and we1fare of the state and
is declared a publiC use. ~ .
Sectlon18a~. Private proplirty shall not be taken by government
for private use or benefit. The power of governmerlt. sh.all not
be.u.ed to take private property from one owner tallell or
otherwise transfer ownership, control, or use of it to another
private entity, 'including for the purpose of Increasiu19 the
amount of tax revenue generated directly or indir~:tlv by the
property or theuS8 of It.
Initiative 49
81CTioNl ~ Section
ORS Chapter 35.
s~tON 2.. (1) EKe &8 otherwise provided in this section, a pubi.i~
body as defined 1ft OBS 114. ~09 MY not con~~ pri vatit ~eal property ,
used as a residence, . siness e8t~i~hmsnt, .fa~, or forest operation
If at the t1m& o~ the o~deJlllat1on the public hody intenda to convey
fee title to all O~ a ortion of the real property~ Dr a les8er '
1ntere8t than fee titl f to another private party.
2006 Act is added to and Nde a part of
(2) Sub8ection (1) Q
roved real property that con$titu~~a a danger to
welfare:of the community by reason of
ted 8tructures, O?ercrowdinqf ~rop$r or
anita~y facilities, or any co~lnation of these
th.is section do.a not .pply to ccmdemnatian of: "
Ca}. Improved or un
tnesafety, heal tb,
contamination.. d.1Japi
inDufficlent "~t.e.z~ or'
factors,
(bJAny 'timber ~ c
from the. real prOJ:lert
( c) Real propert~y c
~on8tElmtion Df tZ~.DD
. \1t111tytran8Jd8sj~on
(3) SQb_e-ction ~~ 1 J
tram lea8in~ a pCJ~io
business for..the prO'l'
88rV8 the pa~~ of
, top..oil. g~a..l o~ fl~tur.a to be reDO~~
~eing condemned, , .... a3.
d for lIIIl.inl:e~nce. u.prll........nt. ~r' ?i~~
rtation fa oiliti 88, utility facilitie. or ':1il!2
t~; .' ~a
this ~ec.tlo~' dOe, not prohibi t a public ba,d . =!2
of a public facility to a privately owned .
ion of retail services desi9n~d primarily to '
e pub11~ facility.
(4) A public ooefy a defined in aas 174.. i09 may at any time publish
notice that the p~Jbli body i~tendlJ to ccnl!lider condElmnation of a lot
or parcel. If the pub c body"publishBB notice UDder this subaecticnr .
eubse.ct.ion (1) of thi seotior. does not apply 'for such time necessary
to prOvide t~epub11c y re.sonable oppo~tunity to condemn. the
property, l.f ~ lot r parc.f is co~veyed to another private part:~
afte.r the notice :1s P l1Ih.d~ , . ,
(5) . Subsection (1) f th1G l.ectiOD does not .ffect the ability of a
publicbcdy . as de:f,i' in . ORSll 74.109 to make a conveyance o~ condemne~l
property f'or the lpurJ) e ,of' fa.nancin9' acquisitlon of t;be property.
! "
SrcrIOI!I 3. If any o:rtion OZ" portions of this 2006 Act are declared
invalid :by a COU%"'t of' ccmp$ten1: j urlsd.1ction,. t~e remaininq. portions o~!
~h:la 2006 ACt 1!ih.e,1~ r in i.n ful~ fprce an.d. effect. .'
, AnQe~tly determine whether a taking of
th.e !'equlreaentB of thill 81!lction, without
natiob made. ~ the pDbli,C body. If a cou:r:t .
fJ of p~operty ~e8 not 'Comply w.ith the
ection,! the owner of the lot OJ: parcel that is
emnation proCeeding shall be entitled to
es, ~nse8, CO&~8f and other diSbursemants
de~~ 8gainat the prqposed oondemnation.
(6) A court sQa,ll i
prope.ty co.plies wit
dafexeng& to any ,dete
detemine~ that a tilE
requirement, Qf this
, . the 8ubjll~ of the CO
reasonable attorney f
reasonably incurred t
10/03/2005 ION 9:42 FAX 541 774 6705 JC BRD OF COMMISSIONERS
...~ooiiooC
,0000\
i
')
Vol. Pg.
BEFORE THE BOARD OF COUNTY COMMISStONERS
ST ATE OF OREGON, COUNTY OF JACKSON
iN THE MATIER OF MODIFYING JACKSON
, COUNTY CODE CHAPTER 216 TO PROHlBIT
T AKlNG PROPERTY FOR PRIVATE USE
)
) ORDINANCE NO. 2605' - f 0 0
)
WHEREAS a recent decision of the United States Supreme Court, Kelo \1. City of New Lcndon,
90nnecticuI (04-108), may allow the use of eminent domain powers for the beflefit of purely private
entities despite the limitations on that power contained in the federal constitution; and
WHEREAS the Jackson County Board of Commissioners is philosophically opp,osed to such
o encroachments on the traditional rights of owners of real property; and
WHEREAS the Jackson County Board of Commissioners believes that the power of eminent
domain should be used to acquire property only for public purposes, as traditionally has been the case in
Oregon.
NOW, THlEREFORE, the Jackson County Board of Commissioners hereby ordains:
There is created se:ction 216.23 of the Jackson County Co'de to read as follows:
216.23 NO EMINfENr DOMAIN FOR PURELY PRIVATE BENEFIT
Jackson County sba.1l not use the power of eminent domain for the sole benefit of privat10 entities.
Jackson County7S use of the power of eminent domain shall continue to be limited by Article 1, Section
18 of the Oregon Constitution. 0
DATED tbe 14U1 day of September, 2005 at Medford, Oregon.
JACKSON COUNTY BOARD OF COM]r1!SSIONERS
~';h:/~/~L.
Chair
ATTEST:
~n LlflJLWL
Recording ~ary
APPROVED:
County Counsel
IN THE MATTER OF MODIFYING JACKSON' COUNTY CODE CHAPTER 216 TO
PROIllBIT TAKING PROPERTY FOR PRIVATE USE