HomeMy WebLinkAbout2007-06 Submit Charter Amendment to the Voters
2007 RESOLUTION NO. 'llJD1- OlD
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, PROPOSING AND
SUBMITTING TO THE VOTERS OF THE CITY OF ASHLAND THE ADOPTION OF A CHARTER
AMENDMENT TO CHANGE THE FORM OF GOVERNMENT FROM A MAYOR/COUNCIL FORM OF
GOVERNMENT TO A COUNCIL/MANAGER FORM OF GOVERNMENT AND CALLING FOR AN
ELECTION
RECITALS:
The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that a
question should be posed to the voters as to whether or not Ashland should change its form of
government to a Council/Manager form.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. In accordance with Ashland Municipal Code Section 1.12.010, the Council formally
proposes and submits to the voters of the City of Ashland a City Measure proposing a change from a
Mayor/Council form of government to a Council/Manager form of government. The Charter amendment,
and supporting documents, including Ballot Title, and Explanatory Statement, are attached hereto and
made a part hereof by this reference.
SECTION 2. Pursuant to AMC 1.12.020, the City calls for an election in accordance with State Law
and announces that the date of said election shall be the May 15, 2007 regular election consistent with
dates for City elections in ORS 221.230.
SECTION 3. The purpose of the May 15, 2007 election is to submit to the qualified voters of the City
the question: Should the Ashland Charter be amended to change from Mayor/Council form of government
to Council/Manager form of government?
SECTION 4. The City Recorder / City Elections Officer has received and published a Ballot Title for the
City Measure approved by the City Council on February 20,2007 and consistent with Oregon Revised
Statutes 250.275.
SECTION 5. The City Recorder / City Elections Officer shall cause to be delivered to the Elections
Officer of Jackson County, Oregon, the attached City Measure in accordance with applicable procedural
requirements of ORS Chapter 250. The Election Officer is requested to give the electorate of the City
notice that the election shall be conducted by mail pursuant to Oregon law; and
SECTION 6. The City Attorney, and if necessary, an appropriate Judge of the Circuit Court of Jackson
County, is authorized to alter the text of the Ballot Title to comply with state law and any rules, procedures
or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law.
SECTION 7. This resolution shall take effect upon its adoption by the Council.
The for oing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the
Cityo shland on M~
arbara Christensen, City Recorder
7
day of ~, 2007.
CITY OF ASHLAND
CITY CHARTER
CITY MANAGER AMENDMENT
The 2007 Ashland City Charter is amended by changing sections 8. and 31. and adding a
new section 35. to read as follows:
Section 8. Mayor.
(a) The Mayor presides over and facilitates Council meetings, preserves order, enforces
Council rules, and determines the order of business under Council rules.
(b) The Mayor has no vote on Council matters unless there is a tie vote. The Mayor has
veto authority over Council legislative and administrative decisions.
(c) With the consent of Council, the Mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The Mayor must sign all records of Council decisions.
( e) The Mayor serves as the political head [and chief executive officer] of the City
government.
[(f) The Mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
Councilors;
(2) Deliver an annual state of the city report to the Council and public;
(3) Present a proposed annual city budget to the city budget committee and Council;
(4) Encourage and support regional and intergovernmental cooperation;
(5) Promote cooperation among the Council, staff and citizens; and
(6) Perform other duties as assigned by the Council.]
Section 31. Vacancies. A City elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death;
(2) Adjudicated incompetence; or
(3) Recall from the office.
(b) Upon declaration by the Council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to
begin;
(2) Absence from the city for 30 days without Council consent, which consent shall
not be unreasonably withheld, or from all Council meetings within a 60-day
period, without Council consent, which consent shall not be unreasonably
withheld;
(3) Ceasing to reside in the City;
(4) Ceasing to be a qualified elector under state law;
(5) Disorderly conduct or inattention to duties of office. No incumbent may be
expelled without notice, a hearing and a decision by at least four Councilors; or
(6) Resignation from the office.
Section 35. City Mana2er.
(a) The office of City Manager is established as the Chief Administrative Officer of
the City government. 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.
(b) A majority of the Council must appoint and may remove the City Manager. The
appointment must be made without regard to political considerations and solely
based on education and experience with local government management.
(c) The City Manager may be appointed for a deimite or an indeimite 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.
(d) The City Manager must:
(1) Attend all Council mee. gs unless excused by the Mayor or Council;
(2) Make reports and r endations to the Mayor and Council about the
needs of the City;
(3) Administer and enforce all City ordinances, resolutions, franchises, leases,
contracts, permits, and other City decisions;
(4) Appoint, supervise and remove City employees;
(5) Organize City departments and administrative structure;
(6) Prepare and administer the annual City budget;
(7) Administer 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;
(10) Perform other duties as directed by the Council; and
(11) Delegate duties, but remain responsible for acts of all subordinates.
(e) The City Manager has no authority over the Mayor or Council or over the
judicial functions of the Municipal Judge.
(1) The City Manager and other employees designated by the Council may sit at
Council meetings but have no vote. The City Manager may take part in all Council
discussions.
(g) When the City Manager is temporarily disabled from acting as manager or when
the office becomes vacant, the Council must appoint a Manager Pro Tern. The
Manager Pro Tern has the authority and duties of City Manager, except that a Pro
Tern Manager may appoint or remove employees only with Council approval.
(h) Neither the Mayor nor a Councilor may attempt directly or indirectly to coerce
the City Manager or a candidate for the office of manager in the appointment or
removal of any city employee.
NOTICE OF SPECIAL ELECTION
CITY OF ASHLAND
JACKSON COUNTY, OREGON
NOTICE IS HEREBY GIVEN that on Tuesday, May 15, 2007, a measure election will be
held by the City of Ashland, Jackson County, Oregon, and that such election shall be
conducted by mail pursuant to Oregon law.
The following shall be the ballot title of the measure to be submitted to the city's voters
on this date:
CAPTION:
QUESTION:
SUMMARY:
Changes form of government to a Council/Manager form?
Should the Ashland Charter be amended to change from
Mayor/Council form of government to Council/Manager form of
government?
This proposal changes the form of government. The current
structure of government in Ashland provides the Mayor is the chief
executive officer of the City. The Mayor's powers include
appointment, supervision and removal of City department heads
and presentation of the annual proposed budget. The Mayor is
supported in that role by a City Administrator. If this amendment is
approved, the City Administrator position would become the City
Manager position. The Mayor would continue to serve as the
political head of the City. The City Council would continue to serve
as policy makers. The City Manager would be charged with
carrying out the policies established by the City Council, and would
have the responsibility and authority to hire, supervise and remove
City department heads. The Manager would also be charged with
preparation and presentation of the proposed annual budget.
Language is included amending either the existing charter or the
proposed revised charter.
The following authorized city official hereby certifies the above ballot title is true and
~ch inc ude~ completion of the ballottille challenge process.
Signature of authorized city official Date signed
~ ~STI!A1:sW
a~R~
Title
Printed name of authorized city official
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET
NAME OF PERSON RESPONSIBLE FOR CONTENT: Mike Franell, Ashland City Attorney
NAME OF ORGANIZATION PERSON REPRESENTS, IF ANY: City of Ashland
BALLOT TITLE CAPTION: Changes form of government to a Council/Manager form?
MEASURE NUMBER:
This measure changes the current form of government from mayor/council to council/manager. Passage of this measure
retains the Mayor as the political leader of the City. The authority to appoint, supervise and remove city department
heads would transfer from the Mayor, with the consent of the City Council, to the City Manager.
In the current city charter the Mayor is the chief executive officer as well as the political head of the city. The City
Administrator provides administrative support to the Mayor.
In the existing city charter, "the Mayor with confirmation of the council shall appoint a City Administrator, City Attorney
and such other officers as the Council deems necessary." This measure removes that language and would read "A
majority of the council must appoint and may remove the manager. The appointment must be made without regard to
political considerations and solely based on education and experience with local government management." The City
Attorney will continue to be appointed by the Mayor with consent of the council. The City Manager will appoint, supervise
and remove all other city employees.
Under the current form of government the City Administrator acts as the head of the organization but has no authority
over the hiring and firing of employees, specifically senior department heads. A change in the form of government
provides for a professional manager to oversee the administration of the city and to implement the policies established
by the council. The form of government draws clearer lines between the policy makers and the administration and gives
full administrative authority to the City Manager.
After months of review of these issues, the Charter Review Committee voted unanimously to recommend this change in
the current Ashland form of government from a mayor/council to council/manager. They recommend this because the
City Manager form provides city with opportunity to appoint a manager trained in public administration, corrects the
present limitations of the city administrator, including the inability to hire and dismiss principal officers and department
heads for which he/she is responsible, allows the Mayor to better serve as the political leader, and provides for the city
manager to be accountable to the entire city council for the satisfactory implementation of council policy and day-ta-day
administration of municipal affairs.
The committee felt the Council/Manager form also ensures that council members can be devoted to legislative matters,
developing policy, establishing a long range vision and setting the tone for the community.
The City Council decided such a substantive change should be decided by the voters as a as a ballot measure separate
from the city charter ballot.
The Charter Review Committee final report is available at City Hall and at www.ashland.or.us
WORD COUNT TOTAL:
THE TOTAL WORD COUNT CANNOT E CEED 500 WORDS.
SIGNATURE
J.- :23-07
DATE