Loading...
HomeMy WebLinkAbout2007-07 Submit Revised Charter to the Voters 2007 RESOLUTION NO. ?-OOl- 01 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 REVISED CHARTER 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 adopt a revised and updated City Charter. 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 revised City Charter. The Charter, 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voters of the City the question: Shall Ashland adopt a Charter revising language and removing sections that have been superseded by state law? 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 f regoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the Cit fAs andon~ Barbara Christensen, City Recorder 7 day Of;/tAAvIt ,2007. DRAFT REVISED ASHLAND CHARTER January 17,2007 CITY OF ASHLAND CITY CHARTER PREAMBLE We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter. Chapter I NAMES AND BOUNDARIES Section I. Title. This Charter may be referred to as the 2OQ7 Ashland City Charter. Section 2. Name. The City of Ashland, Oregon; continues as a mun witli the name City of Ashland. 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 ublic record an accurate and current description of the boundaries. Chapter n POWERS Section 4. Powers. law of the United St fully as though this Ch City h~ all powers that the constitutions, statutes and common ", gon expressly or impliedly grant or allow the City, as ~Uy\en;\:l;w,~rated each of those powers. Section 5. Construction. Th exercise fully all powers possibl law. er will be liberally construed so that the City may this Charter and under United States and Oregon Section 6. Distribution. JPe Oregon Constitution reserves initiative and referendum powers as to all municip~llegislation to city voters. This Charter vests all other City powers in the Couticilexcept as the Charter otherwise provides. The Council has legislative, 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. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - fina'-2.doc Page - I Chapter III COUNCIL Section 7. Council. The Council consists of six Councilors nominated and elected from the City at large by position. 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 appointsfj1ember$ of commissions and committees established by ordinance or resolution. (d) The Mayor must sign all records of council deci~ions."", (e) The Mayor serves as the political head and chief executive officer of the City government. (t) The Mayor must: (1) Appoint, supervise and remove city departm" eads with the consent of the councilors; (2) Deliver an annual state of the cityr!;':port to the co U and public; (3) Encourage and support regional and 'intergovernmental CQoperation; (4) Promote cooperation among the C()uncil,staff.~d citi?:ens; and (5) Perform other duties as assigned bYthe"council. Section 9. Council President. ,~t its first ms;eting each year, the council must elect a President from its m ,ership. The President1ipl:'~ides in the absence of the mayor and acts as mayor when the a UJ,1~Rl~ to perform duties. ust adopt by ordinance or resolution rules to govern its ouncil must meet at least once a month at a time and place ay meet at other times in accordance with the rules. Mayor and three Councilors or four Councilors is a quorum to conduct business, b '. a smaller number may meet and compel attendance of absent members as prescribed by Council rules. Section 13. Vote Required. The express approval of a majority of a quorum of the Council is necessary for any council decision, except when this Charter requires approval by greater number. A majority shall in all cases consist of a minimum ofthree votes. Section 14. Record. A record of council meetings must be kept in a manner prescribed by the Council rules. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 2 Chapter IV LEGISLATIVE AUTHORITY Section 15. Ordinances. The Council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state "The City of Ashland ordains as follows:" Section 16. Ordinance Adoption. (a) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of a quorum at two meetings. (b) The Council may adopt an ordinance at a single meeting by the unanimous approval of the Councilors present, provided the proposed ordinance iSa.vailable in writing to the public at least one week before the meeting. (c) Any substantive amendment to a proposed ordinance mu Council meeting or made available in writing to th~publicbefore t ordinance at that meeting. (d) After the adoption of an ordinance, the vote of each member must be Council minutes. (e) After adoption of an ordinance, the Recorder of records must endorse it with the date of adoption and the Recorder's name and title. The Reconler must submit the ordinance to the Mayor for approval. If the Ma pproves the ordinlU:ice, the Mayor must sign and date it. (t) If the Mayor vetoes the ordinance, the MayofIll st return it to the Recorder with written reasons for his veto within five bUsiness da assage of the ordinance. If the ordinance is not so returned,~tta.kes effect a~jf approved. (g) At the first Council meeting after veto by:the Mayor, the Councilors will consider the reasons of the MaY()t;~d again, vote on the 0 . ance. If four Councilors vote to adopt the ordinance, it will takeeffecb' read aloud in the uncil adopts the into the Section te of'rdinances. Ordinances normally take effect on the 30th day a:tl;~ adoption an oval by the....Mayor, or adoption after veto by the Mayor, or on a lateF'tIa..y",provided in ..... rdinan~. An ordinance adopted may take effect as soon as adopted, ordth,er date less~a.n 30 days after adoption ifit contains an emergency clause. Chapter V CIL ADMINISTRATIVE AUTHORITY Section 18. Resolutions. The Council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions must state "The City of Ashland resolves as follows:" Section 19. Resolution Approval. (a) Adoption of a resolution or any other Council administrative decision reqUIres approval by the council at one meeting. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 3 (b) Any substantive amendment to a resolution must be read aloud in the Council meeting 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 Recorder must endorse it with the date of approval and the Recorder's name and title. The Recorder must submit the resolution to the Mayor for approval. If the Mayor approves the resolution, the Mayor must sign and date it. ( e) If the Mayor vetoes the resolution, the Mayor must return it to the Recorder with written reasons for the veto within five business days of passage of the resolution. If the resolution is not returned, it takes effect as if approved. (f) At the first Council meeting after veto by the Mayor, th reasons of the Mayor and again vote on the resolution. If the resolution, it will take effect. uncilors will consider the ouncilors vote to adopt Section 20. Effective Date of Resolutions. Resolufibns and other administrative decisions take effect on the date signed by th~Mllyor, or OIl,. a later day provided in the resolution. Chapter VI QUASI-JUQICIAL AUTHORITY Section 21. Orders.' The Council will normally~~ercise its ,quasi-judicial authority by approving orders. The approving clause fot/orders may $~te "The City of Ashland orders as follows:" Council quasi-judicial decision requires approval an or er must be read aloud or made available in re the Council adopts the order. er Council quasi-judicial decision, the vote of each Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date offinal approval, or on a later day provided in the order or by ordinance. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 4 Chapter VII ELECTIONS Section 24. Councilors. At each general election after the adoption of this Charter, three Councilors will be elected for four-year terms by position. The terms of Councilors in office when this Charter is adopted are the terms for which they were elected. Section 25. Mayor. At the general election held November 2008, and every other general election thereafter, a Mayor will be elected for a four-year term. The term ofthe Mayor in office when this Charter is adopted is the term for which the Mayor was elected. 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. Section 27. Qualifications. (a) To hold a City elective position, each person must be a qualified elector under state law, and reside within the City before election~tappointment to office. The Municipal Judge shall not be required to be a resident of the City of Ashland. (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. (d) The Council is the final judge of t tion and qualifi~tions of its members. Section 28. Nominations. (a) An eligible elector may become a candidate for an elective City position by filing a nomination petition or a decl~ . on of candidacy on a form prescribed by the Secretary of State and available from th ty Recorder. (b) A declaration ofcahdidacy st be accomp~~ by the filing fee, if any, established by Council resolution. ( c) A nomi . on 'tion must con electors. (d) electio atures of not fewer than 25 city-qualified 'be by ordinance other procedures for the nomination and ective positions. of an officer elected at a general election begins when the first of the next year immediately after the election, and or qualifies and assumes the office. Section 30. Oath. To hold a City elective position each person 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. City elective position becomes vacant: (a) Upon the incumbent's: (1) Death; (2) Adjudicated incompetence; or (3) Recall from the office. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 5 (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 refusal to perform 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 32. Filling Vacancies. A vacant City :~lective positi ill be filled by appointment by a majority of the remaining Councilors. The appoin term of office shall begin immediately upon appointment a119 shall continue until a succ elected at the next biennial election, takes office for the unexpir erm. If a Co 1l0r will be absent from office for more than 60 days with Council sent, the Council may appoint a Councilor Pro Tern. Chapter VIII OTHER ELECTIVICERS Section 33. City Recorder. (a) The office of City Record<i~s establisheg. as the Council Clerk, City Custodian of Records and City E1 . ns Ocial. The R er must attend all Council meetings unless excused by the "or 0 uncil. The corder must make payments of all City funds appro . theOQund , and m~Maudit City accounting records. (b) At th . n NOVi er 2010 and every other general election after that, a Reco will be elec r a fo term. The term of the Recorder in office when this < is adopted i term:ft which the Recorder was elected. (c) When ecorder is porarily disabled from acting as Recorder or when the office becomes va e Coun must appoint a Recorder Pro Tem. The Recorder Pro Tern has the authorit duti fRecorder. Section 34. Municipa1:Court and Judge. (a) The office of Municipal Judge is established. The municipal judge will hold court in the City at such place as the Council directs. The court will be known as the Municipal Court. The Municipal Judge must be admitted to practice in the Supreme Court of Oregon. (b) At the general election in November 2010 and every other general election after that, a Municipal Judge will be elected for a four-year term. The term of the Municipal Judge in office when this Charter is adopted is the term for which the judge was elected. ( c) All proceedings of this court will conform to state laws governing justices of the peace and justice courts. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 6 (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. (e) The Municipal Judge may: (1) Render judgments 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; (6) Penalize contempt of court; (7) Issue processes necessary to enforce judgments and ordet~Qf the court; (8) Issue search warrants; and (9) Perform other judicial and quasi-judicial functions assigned by ordinance. (t) Any defendant requesting jury trial may have 'jury of six (6) members by demanding the same. Any jury chosen shall be governed e laws of the State of Oregon relating to juries in the District Court, and shall have lifica.tions of such jurors resident within the corporate limits of said City. (g) The Council may appoint and may remove Munici (h) The Council may transfer some 0 of the functio appropriate state court. dges Pro Tern. the Municipal Court to an Chapter IX .POINTIVE(])FFICERS f City Administrator is established as the e City government under the Mayor. The Mayor with appoint and may remove the City Administrator. be established by ordinance. Section 36. Officer of the appoint and may supervise, and may r ttorne .fhe office of City Attorney is established as the Chief Legal overmnent. The Mayor with the consent of the City Council must e the City Attorney. The City Attorney must appoint and ove any legal office employees. Chapter X PERSONNEL Section 37.Compensation. The Council must authorize the compensation of City officers and employees, the City Recorder and the Municipal Judge as part of its approval of the annual City budget. The Council may authorize by ordinance compensation for the Mayor and Councilors. Any such ordinance may not take effect before January 1 of the year after a Council election. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - fina'-2.doc Page - 7 Section 38. Merit Systems. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of City employees based on merit and fitness. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 8 Chapter XI PUBLIC IMPROVEMENTS Section 39 Procedure. The Council may provide by ordinance for procedures governing the making, altering, vacating, or abandoning of a public improvement. A proposed public improvement may be 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 40. 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 XII MISCELLANEOUS PROVISIONS Section 43. Protection of City Water. Any and, all water and water rights now owned or which may hereafter be acqyjred by said City, for supplying the residents thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise ...~~.. any person or corporation for the purpose of supplying the residents of said City with water. Section 44. Separate Fire and Police DepartmentS.n'I'he City of Ashland shall maintain a Fire Department which is separate and distin,~from th~City Police Department. The employees of one department all not be' ed to dO the job functions of employees in the other department. (Ch endmen 4-86). may impose a property transfer tax or authority to own, operate and conduct a municipal Section 47. Ce"..:es The Council has authority to finance the maintenance and upkeep of public and privat~~eteries within the City. Section 48. Park & Recreation Commission (a) A Park & Recreation Commission is created with five members nominated and elected from the City at large by position. At the first general election after the adoption of this Charter and every four years thereafter, three commissioners will be elected for four-year terms by position. At the second general election after adoption of this Charter and every four years thereafter, two commissioners will be elected for four-year terms by position. The terms of commissioners in office when this Charter is adopted are the terms for which they were elected. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 9 (b) The Park & Recreation Commission has authority over the management of all City lands dedicated for park purposes and all other lands acquired by the City for such purposes. The Commission has control and management of all park funds budgeted by the City and must expend them judiciously for beautifying and improving City parks and for funding the City Band. The Park & Recreation Commission will carry out its functions and duties in accordance with City ordinances. (c) The Park & Recreation Commission administers the City open space park program. The Commission makes recommendations to the City Council concerning land and easement acquisitions for the program. After such acquisition, the Commission will administer, develop and operate such land. The City Council may not use condemnation power to acquire fee simple ownership of any land for op(;in space purposes. Funds dedicated to the Open Space Program may only be used'()( open space purposes as determined jointly by the Commission and the City Council. Section 49. Airport. The Council has authority to uire, own, municipal airport either within or outside city boun aries. ct and operate a Section 50. City Band. The City shall provid or the ,~ntinued operatJon of a City Band. Section 51. Ethics. The Council shall by Qrdinance esU.l provisions relating to the standards for ethical conduct of the City!s elected OffiCI s, appointed officials and employees. least every 10 years beginning in 2015 the Council will 'ttee of not less than nine members. The Committee will ssues relating>.thereto. It will report to the Council and and regotnmendations, including any proposed Section~3. Debt. Cit Chatfer:lP11(;indment is n may not exceed debt limits imposed by state law. A authorize City indebtedness. Section 54. Oflinance Co uation. All ordinances consistent with this Charter in force when it takes e remaiJ;), in effect until amended or r(;!pealed. Section 55. Repeal. All Charter provisions adopted before this Charter takes effect are repealed. Section 56. Severability. The terms 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 57. Time of Effect. This Charter takes effect July 1. 2007. DRAFT NEW CITY CHARTER FILENAME \p C:\DOCUME-1\coltons\LOCALS-1\Temp\Draft New City Charter 1-17-07 - finaL2.doc Page - 10 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: Adopts Revised Ashland Charter Shall Ashland adopt charter revising language and removing sections that have been superseded by state law? The proposed charter updates provisions to be consistent with the Oregon Constitution, laws and court decisions. It eliminates tax levy references within the charter, such as levy authority for the Parks Department and the City Band, that have become obsolete due to voter initiated changes in Article XI, Section 11 of the Oregon Constitution. The proposed charter also removes provisions 1.)defining the boundaries of the City; 2.)governing election procedures; 3.)relating to property tax levy procedures; and 4.)relating to bidding public projects, as these provisions are all governed by state law. In addition, the proposed charter eliminates specific dollar amounts, such as salaries for the City Recorder, Municipal Judge, Mayor, and Council. The proposed ct)arter retains provisions specific to Ashland, including current language guaranteeing public ownership of the water rights and water system, provisions that guarantee separate police and fire departments, and the amendment adopted in November 2006 that requires voter approval of a real estate transfer tax. The following authorized city official hereby certifies the above ballot title is true and compl , which includes completion of the ballot title challenge process. ~ Signature of authorized city official Date signed ~~t'MS~ Printed name of authorized city official T~'7'~ 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: Adopts Revised Ashland Charter MEASURE NUMBER: This measure revises the Ashland City Charter. In 2004 the Mayor and council established the Charter Review Committee. The 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 document suitable to "serve the community well into the future". This revised city charter is based on the Oregon Model Charter, which was developed by the League of Oregon Cities. The model charter clearly identifies the authority and accountability of the City and reflects current state law. Under this revised charter, the city retains legislative home rule constitutional power as in the existing charter. The revised City Charter retains the portions of the current charter that preserve the specific history ahd character of Ashland. For example, the charter that would be adopted by this measure continues the independent election of a Parks and Recreation Commission, City Recorder and Municipal Judge. The charter preserves the City Band, retains language requiring public ownership of city water, maintains separate fire and police departments, and includes the hospital, cemeteries and the airport. The revised charter also includes the measure passed by voters in November 2006 requiring a vote of the people before a property transfer tax can be imposed. This measure does not change the form of government. The Charter Review Committee recommended that the City change from a Mayor/Council form of government to a Council/City Manager form. The change in the form of government is presented as a separate ballot measure. This measure eliminates funding requirements from the charter. The current charter mandates certain funding levels of the city band and for parks and recreation. The current charter also contains a formula that sets the salaries for the elected judge and recorder. In addition, it removes reference to the Mayor salary of $500 per year and the council salary of $350 per year. If this measure passes, the spending and salary levels will become a part of the City's annual budget process. The revised charter also eliminates language that is in conflict with the Oregon Constitution, law, or court rulings. For example, it eliminates tax levy references within the charter, such as levy authority for the Parks Department and the City Band, that have become obsolete due to voter initiated changes in Article XI, Section 11 of the Oregon Constitution. In another case, the revised charter no longer contains a reference to the City's boundaries because those are now set according to state law. The last major change is that the revised Charter contains a new provision that requires the City to appoint a committee to formally review the Charter every ten years. WORD COUNT TOTAL: THE TOTAL WORD COUNT CANNOT EXCEED 500 WORDS. SIGNA TUR J- J-J-07 DATE