HomeMy WebLinkAboutCourt Ballot Title Challenge
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR JACKSON COUNTY
Pamela C. Vavra, Venita Varga,
Kindler Stout, Ruth Miller and
Philip C. Lang
Petitioners
v.
City of Ashland Attorney Michael W. Franell
Respondent
) Case No. 07- i~)7 0 '3 30
)
)
)
)
) PETITION FOR REVIEW
) OF BALLOT TITLE
)
)
)
c..\ -t'd (<..~ (.(i(t~~{'~ (er(es.ey\-\,\-\~J.Z-
As Rc3ponaent's rg~resMtetive-tn this mattcr and on this date, I received a true copy of
the document entitled "Petition For Review Of Ballot Title" via hand-delivery to me in
person at 20 East Main Street, Ashland, Jackson County, Oregon 97520.
Signature: J '-;\-\.,,\~, C~)
Printed Name: A'VQ.\ L U\~ A.~~
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Date
'6 ?::,c) AM/@
Time
Title: k\ \....l\ \\ \ ~\ \"'CLt \ \).e I-\':::,C:~\ g-O_\\ t
SIGNED AND SWORN to before me on this date
by
Notary Public for
My Commission Expires:
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...
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR JACKSON COUNTY ---.---.-.--.
Pamela C. Vavra, Venita Varga,
Kindler Stout, Ruth Miller and
Philip C. Lang
) Case No. 07- 070836 _ ?/ J--
)
)
)
)
) PETITION FOR REVIEW
) OF BALLOT TITLE
)
)
)
Petitioners
v.
City of Ashland Attorney Michael W. Franell
Respondent
1. City of Ashland attorney Michael W. Franell filed two related ballot titles with
City's election officer.
City of Ashland ("City") is duly organized as a municipal corporation in the State of
Oregon. On February 22,2007, city attorney Michael W. Franell filed with City's election
officer Barbara Christensen ballot titles for two related Ashland Charter measures, one of
which amends the other. The first ("Charter ballot title") is captioned "Adopts Revised
Ashland Charter" as shown on attached Exhibit 1, incorporated herein by reference. The
measure to which it refers, in the most updated form made available to the public, as of
March 4, 2007, is included as attached Exhibit 3. The second ("Charter Amendment ballot
title") is captioned "Changes form of government to a Councill Manager form?" as shown
on attached Exhibit 2, incorporated herein by reference. The measure to which it refers, in
the most updated form made available to the public, as of March 4,2007, is included as
attached Exhibit 4. Petitioners' dissatisfaction with City's Charter ballot title is addressed
in Paragraphs 7-10. A replacement ballot title for the City's Charter measure is shown on
attached Exhibit 5. Petitioners' dissatisfaction with City's Charter Amendment ballot title
is addressed in Paragraphs 11-13. A replacement ballot title for the City's Charter
Amendment measure is shown on attached Exhibit 6. The full text the current Ashland
charter is shown on attached Exhibit 7.
Vavra v. City of Ashland Attorney Michael W_ Franell, Petition For Review Of Ballot Title
Page 1 of 10
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR JACKSON COUNTY
Pamela C. Vavra, Venita Varga,
Kindler Stout, Ruth Miller and
Philip C. Lang
Petitioners
) Case No. 07-
)
)
)
)
) PETITION FOR REVIEW
) OF BALLOT TITLE
)
)
)
v.
City of Ashland Attorney Michael W. Franell
Respondent
1. City of Ashland attorney Michael W. Franell filed two related ballot titles with
City's election officer.
City of Ashland ("City") is duly organized as a municipal corporation in the State of
Oregon. On February 22, 2007, city attorney Michael W. Franell filed with City's election
officer Barbara Christensen ballot titles for two related Ashland Charter measures, one of
which amends the other. The first ("Charter ballot title") is captioned "Adopts Revised
Ashland Charter" as shown on attached Exhibit 1, incorporated herein by reference. The
measure to which it refers, in the most updated form made available to the public, as of
March 4,2007, is included as attached Exhibit 3. The second ("Charter Amendment ballot
title") is captioned "Changes form of government to a Council! Manager form?" as shown
on attached Exhibit 2, incorporated herein by reference. The measure to which it refers, in
the most updated form made available to the public, as of March 4, 2007, is included as
attached Exhibit 4. Petitioners' dissatisfaction with City's Charter ballot title is addressed
in Paragraphs 7-10. A replacement ballot title for the City's Charter measure is shown on
attached Exhibit 5. Petitioners' dissatisfaction with City's Charter Amendment ballot title
is addressed in Paragraphs 11-13. A replacement ballot title for the City's Charter
Amendment measure is shown on attached Exhibit 6. The full text the current Ashland
charter is shown on attached Exhibit 7.
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 1 of 10
III
1
2 2. Court has authority to review a ballot title pursuant to ORS 250.296.
3 ORS 250.296 Procedure for elector dissatisfied with title of city measure.
4 (1) Any elector dissatisfied with a ballot title filed with the city elections officer by the
5 city attorney or the city governing body, may petition the circuit court of the judicial
6 district in which the city is located seeking a different title and stating the reasons
7 the title filed with the court is insufficient, not concise or unfair. The petition shall
8 name as respondent the city attorney or city governing body, depending on who
9 prepared the ballot title, and must be filed not later than the seventh business day
10 after the title is filed with the city elections officer. The court shall review the title
11 and measure to be initiated or referred, hear arguments, if any, and certify to the
12 city elections officer a title for the measure which meets the requirements of ORS
13 250.035.
14
15 3. If Court recusal occurs, Petitioners ask for expedited reassignment.
16 If this case is assigned to a Court who recuses himself or herself, Petitioners ask that
17 reassignment be expedited for rapid resolution of this case, given ballot deadlines.
18
19 4. City of Ashland attorney is proper respondent.
20 ORS 250.296 (in relevant part): The petition shall name as respondent the city
21 attorney or city governing body, depending on who prepared the ballot title,...
22 Public notice for this ballot title (Exhibits 1,2) specified that City attorney submitted
23 approved ballot title language to City's elections officer, and that city attorney is the proper
24 respondent in any challenge to those 2 ballot title submissions.
25
26 5. Petitioners were electors on filing date.
27 ORS 250.005(2): "Elector" means an individual qualified to vote under section 2,
28 Article II, Oregon Constitution.
29 On the Petition filing date, Petitioners were registered voters in the State of Oregon.
30
31 6. Petition was timely filed.
32 ORS 250.296. (1)... The petition... must be filed not later than the seventh
33 business day after the title is filed with the city elections officer.
34 Petition was timely filed, being filed on or before March 6, 2007, the filing deadline
35 established by City's election officer (Exhibits 1, 2) pursuant to ORS 250.296(1).
36
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 2 of2
1
2 7. City's Charter ballot statement is insufficient, unfair, and not concise for 10
3 reasons.
4 ORS 250.035 requires a ballot title statement ("ballot statement", or "statement") to
5 impartially summarize the measure's major effect.
6 ORS 250.035 Form of ballot titles for state and local measures. (1) The
7 ballot title of any measure, other than a state measure, to be initiated or referred
8 shall consist of:
9 ...(c) A concise and impartial statement of not more than 175 words
10 summarizing the measure and its major effect. [emphasis added]
11
12 City's Charter ballot statement (see Exhibit 1) is insufficient and unfair in several places
13 in stating Charter language was removed without explaining the effect of removal.
14 Removing Charter language that limits powers typically has the effect of granting City new
15 power.
16 (1) City's ballot statement is insufficient and unfair because it states salary language
17 was removed, yet it does not explain the effect of this removal, which is to grant power to
18 City Council and Mayor to set their own salaries and the salaries of Municipal Judge and
19 City Recorder through the budget process.
20
21 Insufficient statement: (emphasis added): In addition, the proposed charter
22 eliminates specific dollar amounts, such as salaries for the City Recorder, Municipal
23 Judge, Mayor, and Council. (21 words)
24 Replacement: [The proposed charter:]
25 Eliminates voter-initiated salary caps, empowering Council and Mayor to set their own
26 salaries and fringe benefits, and salaries of City Recorder and Judge, through the budget
27 process. (27 words)
28
29 (2) City's Charter statement is insufficient and unfair in that it claims Ashland-specific
30 provisions were retained, yet many were removed.
31 Insufficient statement: The proposed charter retains provisions specific to Ashland...
32 (8 words)
33 Replacement: [The proposed charter:]
34 Retains some Ashland-specific provisions and eliminates others. (7 words)
35
36 (3) City's Charter statement is insufficient and unfair in that it claims water rights
37 language was "retained", when in fact it was altered. City's proposed charter changes one
38 word in the current Charter's water rights protection clause, from "inhabitants" to
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 3 of 3
_l
1 "residents". In Council meetings, city attorney explained to Council that corporations
2 cannot "inhabit", but may "reside" in the City, so this change of wording would grant City
3 power to sell water and/or water service to corporations.
4 Insufficient statement: The proposed charter retains provisions specific to Ashland,
5 including current language guaranteeing public ownership of the water rights and water
6 system... (21 words)
7 Replacement: [The proposed charter:]
8 Replaces word, "inhabitants" with "residents" in water protection clause, granting City power to
9 sell water service to corporations. (18 words)
10
11 (4) City's Charter statement regarding police and fire departments, and real estate
12 transfer tax is not concise. It is unnecessarily wordy.
13 Insufficient statement: The proposed charter retains provisions specific to Ashland,
14 including... provisions that guarantee separate police and fire departments, and the
15 amendment adopted in November 2006 that requires voter approval of a real estate
16 transfer tax. (34 words)
17 Replacement: [The proposed charter:]
18 Retains voter approval requirement for real estate transfer tax.
19 Retains separate police and fire departments. (17 words)
20
21 (5) City's Charter statement is insufficient and unfair in failing to explain, or even
22 mention, the major effect of removing current Charter's restrictions on selling or leasing
23 parkland. The effect of this removal is to grant City power to sell or lease parkland,
24 subject to state or federal restrictions that may apply to some but not all parkland.
25 Insufficient statement: (Does not mention this change.)
26 Replacement: [The proposed charter:]
27 Removes current parks protection, empowering City to sell or lease parkland. (11
28 words)
29
30 (6) City's Charter statement is insufficient and unfair in failing to explain, or even
31 mention, the major effect of removing wording giving property owners the right to suspend
32 a local improvement district with a 2/3 remonstrance. New wording removes the 2/3-
33 remonstrance right, allowing Council to set a different threshold percentage by ordinance
34 or resolution. ORS 223.839(1) provides for Council to do so, only to the extent that the
35 City charter does not prescribe otherwise. So, it is incorrect to state or argue that this is
36 among the changes made solely to comply with State law.
37 ORS 223.389 Procedure in making local assessments for local improvements. (1)
38 The governing body of a local government may prescribe by ordinance or resolution the
39 procedure to be followed in making estimated assessments and final assessments for
40 benefits from a local improvement upon the lots that have been benefited by all or part of
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title Page 4 of 4
1 the local improvement, to the extent that the charter of the local government does not
2 prescribe the method of procedure.
3 Insufficient statement: (Does not mention this change.)
4 Replacement: [The proposed charter:]
5 Removes property owners' right to suspend a local improvement district with a 2/3-
6 majority objection, empowering City to set a different threshold. (23 words)
7
8 (7) City's Charter statement is insufficient and unfair because it fails to explain, or even
9 mention, the major effect of removing specification of Police Chiefs role as "conservator of
10 the peace", which is to grant City power to redefine Police Chiefs role.
11 Insufficient statement: (Does not mention this change.)
12 Replacement: [The proposed charter:]
13 Removes specification that Police Chief is "conservator of the peace ", empowering City
14 to redefine role. (15 words)
15
16 (8) City's Charter statement is insufficient and unfair because it fails to explain the major
17 effect of new "general powers" language, which grants City new unspecified powers within
18 the broader phrase of "all powers possible...".
19 Insufficient statement: (Does not mention expansion of this change.)
20 Replacement: [The proposed charter:}
21 Changes City's "general powers" from "all powers necessary or convenient. .." to "all
22 powers possible" under state and federa/law. ( 19 words)
23
24 (9) City's Charter statement is insufficient and unfair in that it is not concise. It is
25 unnecessarily wordy.
26 Insufficient statement: It eliminates tax levy references within the charter, such as
27 levy authority for the Parks Department and the City Band, that have become obsolete
28 due to voter initiated changes in Article I, Section 11 of the Oregon Constitution. (38
29 words)
30 Replacement: [The proposed charter:}
31 Removes references to Parks and City Band tax levy authority, superseded by Oregon
32 Constitution amendment. ( 15 words)
33
34 (10) City's Charter statement is insufficient and unfair because its first sentence
35 conveys benign changes, when in fact the proposed charter includes several major
36 changes in City government powers, as shown above.
37 Insufficient statement: The proposed charter updates provisions to be consistent with
38 the Oregon Constitution, laws and court decisions. (16 words)
39 Replacement: This sentence should be removed. It implies that the purpose of the
40 "updates" is merely to be consistent with state law. (0 words)
41
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 5 of 5
~ __1
1 8. City's Charter ballot statement should be replaced in its entirety.
2 Merging replacement statements above produces the following replacement ballot
3 statement, which replaces City's statement in its entirety. Voters would be better served
4 by presenting a list of the proposed changes and their effects.
5 Replacement For City's Charter Ballot Measure Statement:
6 Voting YES replaces Ashland's charter with a "model charter' that retains some
7 Ashland-specific provisions and eliminates others. Voting NO retains the current charter.
8 Proposed charter:
9 Removes current parks protection, empowering City to sell or lease parkland.
10 Replaces word, "inhabitants" with "residents" in water protection clause, granting City power to
11 sell water service to corporations.
12 Eliminates voter-initiated salary caps, empowering Council and Mayor to set their own salaries
13 and fringe benefits, and salaries of City Recorder and Judge, through the budget process.
14 Changes City's "general powers" from "all powers necessary or convenient..." to "all powers
15 possible" under state and federal law.
16 Removes property owners' right to suspend a local improvement district with a 2/3-majority
17 objection, empowering City to set a different threshold.
18 Removes references to Parks and City Band tax levy authority, superseded by Oregon
19 Constitution amendment.
20 Removes specification that Police Chief is "conservator of the peace'~ empowering City to
21 redefine role.
22 Retains voter approval requirement for real estate transfer tax.
23 Retains separate police and fire departments.
24 [166 words, 175 words allowed]
25
26
27 9. City's Charter ballot Question does not plainly phrase the chief purpose of the
28 measure.
29 ORS 250.035 Form of ballot titles for state and local measures. (1) The
30 ballot title of any measure, other than a state measure, to be initiated or referred
31 shall consist of:..
32 (b) A question of not more than 20 words which plainly phrases the chief
33 purpose of the measure so that an affirmative response to the question
34 corresponds to an affirmative vote on the measure;... [emphasis added]
35
36 (1) City's ballot question is not plainly phrased. It is ambiguous. The object of the verb,
37 "adopt" could reasonably be interpreted as either "charter" or "language". The latter
38 interpretation could mislead voters into thinking that minor language changes, only, were
39 being adopted with a YES vote, as opposed to the whole new charter being proposed.
40 (2) City's Charter question states the chief purpose as "removing sections that have
41 been superseded by state law" when, in fact, many sections removed were not
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 6 of6
1 superseded by State law. Moreover, if the purpose of the measure were to merely remove
2 such sections, it could be accomplished by Amendment. The measure fully replaces the
3 current charter with a new one. The purpose of the measure is to replace the current
4 charter with a modified "model charter."
5 City's question: Shall Ashland adopt charter revising language and removing sections
6 that have been superseded by state law? (16 words)
7 Replacement question: Shall Ashland replace its current charter with a "model
8 charter" modified to keep many but not all Ashland-specific provisions? (19 words, 20
9 allowed)
10
11
12 10. City's Charter ballot caption does not reasonably identify the measure's subject.
13 ORS 250.035 Form of ballot titles for state and local measures. (1) The
14 ballot title of any measure, other than a state measure, to be initiated or referred
15 shall consist of:
16 (a) A caption of not more than 10 words which reasonably identifies the subject
17 of the measure;...
18
19 City's ballot caption implies the current charter is being revised, when in fact a whole
20 new charter is being proposed.
21 City's caption: Adopts Revised Ashland Charter (4 words)
22 Replacement caption: Replaces Ashland's Current Charter With A Modified "Model
23 Charter" (9 words, 10 words allowed)
24
25
26
27 11. City's Charter Amendment ballot caption does not reasonably identify measure's
28 subject.
29 Paragraphs 11-13 address insufficiencies of City's Charter Amendment ballot title.
30 City's caption fails to "reasonably identifies the subject" test in 2 ways. (1) It ends in a
31 question mark. It should be a title, not a question. (2) It is overly broad and theoretical,
32 addressing "form of government" rather than properly identifying the subject, which is to
33 rename the city administrator to city manager with greater authority and reducing the
34 powers of the Mayor. Most voters are not familiar with "Council/Mayor" as a "form of
35 government." Indeed, Wikipedia lists the three main "forms of government" to be
36 anarchism, authoritarianism, and democracy; and goes on to list autocracy, despotism,
37 totalitarianism, monarchy, and tyranny as examples of "forms of government" with
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 7 of 7
,n_
III .
..___L
1 overlapping definitions. "Council/Mayor" is not included as an example of a "form of
2 government."
3 City's caption: Changes form of government to a CounciV Manager form?
4 Replacement caption: Transfers specified powers from Mayor and Council to City
5 Manager. (10 words, 10 words allowed)
6
7
8 12. City's Charter Amendment ballot question fails to plainly state the chief purpose.
9 (1) "Form of government" is not a plain phrase. It is overly broad and abstract; and not
10 likely to be understood by the average voter.
11 (2) City's ballot question fails to state the chief purpose. City's question incorrectly
12 describes the chief purpose as changing the form of government, when the chief purpose
13 and effect is to give the city manager power to hire and fire department heads and to
14 remove that power from the Mayor.
15 City's question: Should the Ashland Charter be amended to change from Mayor/
16 Council form of government to Council/ Manager form of government? (20 words)
17 Replacement question: Shall Charter be amended to transfer power to hire/ fire
18 department heads from Mayor and Council to City Manager? (20 words)
19
20 13. City's Charter Amendment ballot statement is insufficient, unfair, not concise.
21 ORS 250.035 requires a ballot title statement ("ballot statement", or "statement") to
22 impartially summarize the measure's major effect.
23 (1) City's ballot statement fails to summarize the measure's major effect. City's
24 statement is an inaccurate summary. It claims that the proposed amendment "changes
25 the form of government", yet City government would be the same in all key respects: A
26 mayor as the head of a six-member council, all democratically elected at-large, plus
27 additional elected officers of recorder, judge and five parks commissioners.
28 Insufficient statement: This proposal changes the form of government.
29 (2) City's statement describes City Manager responsibility of carrying out Council
30 policies as if it may be a new responsibility for the Chief Administrative Officer, without
31 indicating whether or not it is a change from the status quo. In fact, the City Administrator
32 is currently so charged.
33 Insufficient statement: The City Manager... would be charged with carrying out the
34 policies established by the City Council,...
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 8 of 8
1 (3) City's statement describes City Manager authority to supervise employees as if it
2 may be a new responsibility for the Chief Administrative Officer, without indicating whether
3 or not it is a change from the status quo. In fact, the City Administrator is currently so
4 charged.
5 Insufficient statement: The City Manager... would have the authority to... supervise...
6 City department heads.
7 (4) City's statement describes City Manager responsibility to prepare and present the
8 proposed annual budget without indicating whether or not it is a change from the status
9 quo. In fact, for all intents and purposes, the City Administrator is currently so charged
10 Insufficient statement: The Manager would also be charged with preparation and
11 presentation of the proposed annual budget.
12
13 In summary, City's ballot statement as a whole is insufficient, unfair, and not concise,
14 and to satisfy ORS 250.035(1)(c) should be replaced in its entirety by the text below, or
15 such statement as the Court may decide.
16
17 Replacement For City's Charter Amendment Ballot Measure Statement:
18 Voting YES amends Ashland's current charter (or proposed charter if adopted),
19 changing the title of City Administrator to City Manager and transferring specified powers
20 from Mayor and Council to the City Manager. Voting NO retains the appointive office of
21 City Administrator with no transfers of power.
22 Both the current and proposed charters require the Mayor with consent of Council to
23 appoint and remove department heads. Proposed amendment transfers this responsibility
24 to the City Manager.
25 Proposed amendment removes from Mayor the role of Chief Executive Officer, power
26 to supervise city employees, and responsibility to present the annual budget to council.
27 Proposed amendment renames City Administrator to City Manager, assigns the role of
28 Chief Administrative Officer and grants powers removed from Mayor and Council.
29
30
31 14. Petitioners pray for order replacing City's charter and charter amendment ballot
32 titles with replacements herein.
33 Petitioners pray the Court for an order replacing all three components (caption, question
34 and summary) of City's Charter ballot title and all three components of City's Charter
35 Amendment ballot title with replacement text proposed herein, and shown on Exhibits 5
36 and 6, respectively, or such text as determined by the Court to satisfy ORS 250.035.
37
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 9 of9
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,
_.__. .____._..._..__1
15. Certificate Of Service.
The first Petitioner below certifies service on March 5, 2007 of a true copy of this
docum nt via and d livery to City of Ashland, 20 East Main St, Ashland, OR 97520.
( a; tV--
Pamela . Vavra, 2800 Dead Indian Memorial Road, Ashland,OR 97520,541-324-
7531, March 5, 2007
~~~
Venita Varga, 1656 peache~, OR 97520,541-944-3409, March 4,
2007
t/, .7' /. l'?~ (' r-: -J-.
/'--..,,1/V1---CI Le/l../" /u ~hevv/ G.. ~.~
Kindle Stout, 130 Orange Ave, As land, OR 97' 20,541-482-8863, March 4,2007
e ,Ashland, OR 97520, 541-482-8659, March 4, 2007
reet, Ashland, OR 97520,541-482-8659, March 4,2007
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Page 10 of 10
The [charter] ballot title prepared by the City Attorney as filed with the City Recorder and
Noticed on February 22, 2007 is as follows:
CAPTION: Adopts Revised Ashland Charter
QUESTION: Shall Ashland adopt charter revising language and removing sections that have
been superseded by state law?
SUMMARY: 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 charter 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.
EXHIBIT 1 - City's Charter Ballot Title
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title Exhibit 1.
,--
The [charter amendment] ballot title prepared by the City Attorney as filed with the City
Recorder and Noticed on February 22, 2007 is as follows:
CAPTION: Changes form of government to a Council/Manager form?
QUESTION: Should the Ashland Charter be amended to change from Mayor/Council form of
government to Council/Manager form of government?
SUMMARY: 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.
EXHIBIT 2 - City's Charter Amendment Ballot Title
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Exhibit 2.
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 BOUNDARIESii:lih:,,'
'~,:
i"
Section 1. Title. This Charter may be referred to as tbe20Q? Ashl'EM:ity Charter.
Section 2. Name. The City of Ashland, Oreg9,j1~' continues as a muni~~~~! cqrporation
with the name City of Ashland. ,!t" ;.;"IUIi':;
;PN? ,ii;
,dUYW-" y'
;~i:~j:~d~',,, , (.;~~'
Section 3. Boundaries. The City includes all territoij!i:~';~'" in its boundaries as they now
exist or are legally modified. The Ci ,will maintain a ublic record an accurate and
current description of the boundaries.
Section 4. Powers.
law of the Unitedi'
fully as though this Ch
at the constitutions, statutes and common
on expres " l' impliedly grant or allow the City, as
J~~Ii!Jlih~ ted each of those powers.
'. "(~i;IU~i.dj
exer
'I"
law:
Th~iJ~~~er will be liberally construed so that the City may
. ssible"~~f this Charter and under United States and Oregon
;;lfJlftL
;;'1\~~!i1'::'~"~
Section 6. DT "r, ution. ~e Oregon Constitution reserves initiative and referendum
powers as to a . ig#l' legislation to city voters. This Charter vests all other City
powers in the Co 'I:iexcept as the Charter otherwise provides. The Council has
legislative, adminis, ive 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.
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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 CounciliQIles.
(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 d ,.... '''ons.
(c) With the consent of Council, the Mayor appoint~,}~i; ;~fl) of commissions and
committees established by ordinance or resolution. .......
(d) The Mayor must sign all records of council deci~j~,&.~,.
(e) The Mayor serves as the political head ~~l chief executive oftlcy! of the City
government. . .
(t) The Mayor must: . H!;l1i.',.; ,
(1) Appoint, supervise and remove city deparlli:e: heads with the consent of the
,"'"'
councilors; . ,.
(2) Deliver an annual state of the
(3) Encourage and support regional"
(4) Promote cooperation among the die
(5) Perform other du~<e~ as assigned b
ting each year, the council must elect a
< ides in the absence of the mayor and
duties.
-'.h:\=ir. ' '. .i
O~rl~'i[w:ust adopt by ordinance or resolution rules to govern its
il\tV 1
oun 1 must meet at least once a month at a time and place
ay meet at other times in accordance with the rules.
<jJ+~!i.\, ",','
Section 12. Ouorum~la~,eMayor and three Councilors or four Councilors is a quorum to
conduct business, blt'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 of three votes.
Section 14. Record. A record of council meetings must be kept in a manner prescribed
by the Council rules.
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Chapter N
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 ~Yftlieunanimous approval
of the Councilors present, provided the proposed ordinancer~~i;~vailable in writing to the
public at least one week before the meeting.",!!': '"Up!,;
(c) Any substantive amendment to a proposed ord,j,~~fe mus~;'~~ read aloud in the
Council meeting or made available in writing to th~4~u'b1icbefore th~ii~puncil adopts the
ordinance at that meeting. '
(d) After the adoption of an ordinance, the vq+",,!~f, each n1~Inber must be ent,~~ed into the
Council minutes. ", , " '
(e) After adoption of an ordinance, the Recorder of~', must endorse it with the date
of adoption and the Recorder's nam, d title. The R "', ,er must submit the ordinance
to the Mayor for approval. If the May oves the ordm;~,~e, the Mayor must sign and
~a '
(f) If the Mayor vetoes the ordinance, ,',' st retl,Un it to the Recorder with
written reasons for his vetq, ,within five b ~~!da:,assage of the ordinance. If the
ordinance is not so re'~(fghi, es effect a$,i,i,it approve, .
(g) At the first Co eetii er veto byi~e Mayor, the Councilors will consider the
reasons of the M aga' ote on the ii" ceo If four Councilors vote to adopt
the ordinance, it will
ances. ' Ordinances normally take effect on the 30th
illMayor, or adoption after veto by the Mayor, or on
rdina . An ordinance adopted may take effect as soon as
30'days after adoption if it contains an emergency clause.
Chapter V
CIL ADMINISTRATIVE AUTHORITY
jlrW
Section 18. Resolutibns. 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.
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(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 pf 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, thy;'~m}lIlcilors will consider the
reasons of the Mayor and again vote on the resolution. J~,;foi:tr;l~9uncilors vote to adopt
the resolution, it will take effect."
. 'A;~~.
QUASI-
.e,l: ...c....".:...,_
Section 21. Orders. The Council will ~rmi~n~
approving orders. The app'~,<:>ving clause fo.;;!pr~~s rrt
as follows:" .~ii!jHii#n(N/i>~'~!i'J:(: '::,,;:~;~
::tf/~tt: - :Iei ),;h~:l/i 'l~;;,
Section 22. OrdeN~'i!' Ii'a!.
(a) Approval of an or
by the Co mee
(b) Any .
writi
(c),
member
(d) After ap
the Recorder's
~ise it~/i'quasi-judicial authority by
Jtf "The City of Ashland orders
',~J,;,~ounci,uasi-judicial decision requires approval
.,:1(lj,';"!d<lJ __."!'
""i!1!iiiiilliifiiW{'ii,W'
" ""i!i"!I+,i
to an o~d~r must be read aloud or made available in
Jpre the Council adopts the order.
er Council quasi-judicial decision, the vote of each
e Co cil minutes.
, the recorder must endorse it with the date of approval and
e.
Section 23. Effectiv 'ate of Orders. Orders and other quasi-judicial decisions take
effect on the date offlnal approval, or on a later day provided in the order or by
ordinance.
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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 of the 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 stateikaw except as this Charter or
ordinances provide otherwise. All elections for City offiS€f~m1isfo~ nonpartisan.
Section 27. Oualifications. . .
(a) To hold a City elective position, each persql,J!{;fuust be a qualified' .;Jpr under state
law, and reside within ~e City befor~ electio.1it!i~~;'~ poin~~nt to office. ';!!I"~!Municipal
Judge shall not be reqUired to be a resIdent oithe" l~d. ):!:J
(b) No person may be a candidate at a single electio re than one City office.
(c) Neither the Mayor nor a CounciIQJ;,Inay be employe!>, .,the City.
(d) The Council is the final judge of ili: - . tion and quah . .ons of its members.
Section 28. Nominations.
(a) An eligible elector may become a can
nomination petition or, ,,' , .on of can !/cy on a U
of State and availab m th Recordet{h
(b) A declaration 0/ 'i,dacy t be accom~fi)d by the filing fee, if any, established
by Council resolution. ,~~i'
f-
(c) A nomi . tion ' es of not fewer than 25 city-qualified
electors.
(d)
ele
d'e City position by filing a
prescribed by the Secretary
Section 29.
officer is swo
continues until the
.ance other procedures for the nomination and
sitions.
The te~ of an officer elected at a general election begins when the
. afterif~e first of the next year immediately after the election, and
, ~ssor qualifies and assumes the office.
Section 30. Oath. T6 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.
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(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 offi~~tNo incumbent may be
expelled without notice, a hearing, and a decision by,i!~W,I~east four Councilors; or
(6) Resignation from the office. '0
Section 32. Filling Vacancies. A vacant City!:i,~lective positidiiJ,;'
appointment by a majority of the remaining C ""bilors. The appoint
shall begin immediately upon appointment 1 continlle until a suc , :,elected at
the next biennial election, takes office for the iredd,tenn. If a Coull ilor will be
.!k, 'jl. ,()'
absent from office for more than 60 days with Co I~hsent, the Council may appoint
<"'j
a Councilor Pro Tern. "i;I,I('
li.:'
. s establish~ as the Council Clerk, City Custodian of
ial. The' er must attend all Council meetings
il. The corder must make payments of all City
dit City accounting records.
201 and every other general election after that, a
~ term. The term of the Recorder in office when
1"
term which the Recorder was elected.
",,,,porartly disabled from acting as Recorder or when the office
~e Coun<mil must appoint a Recorder Pro Tern. The Recorder Pro Tern
dutie$'iiofRecorder.
dW
Section 34. Munici ourt and Jud e.
(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.
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(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:
(I) 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 jail or 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 serv,e!f8ritrials;
(6) Penalize contempt of court; ,
(7) Issue processes necessary to enforce judgments aI1gford&~~~f the court;
(8) Issue search warrants; and '
(9) Perform other judicial and quasi-judicial function::; assigned byo~dinance.
(f) Any defendant requesting jury trial may hav~}fltjury of six (6) memb~ ',by demanding
the same. Any jury chosen shall be governedi~ii~e laws~fthe State 0 'y,,ot1 relating
to juries in the District Court, and shall have ili~q: "alifi.~l1ti()ns of such j~iors resident
within the corporate limits of said City. " ,
(g) The Council may appoint and ma emove Munici ii~Adges Pro Tern.
(h) The Council may transfer some f the functioH~i~fthe Municipal Court to an
appropriate state court.
'!I~ilil,iJl!i '
";I,,,
l;?
Chaptim;, IX
POINTIVE !~;t1tICERS
'flU.
"'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",
,,I
ttorne e office of City Attorney is established as the Chief Legal
rA'fhent. The Mayor with the consent of the City Council must
:,W.'
""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 I of the
year after a Council election.
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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.
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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, GQllecting and enforcing
special assessments for public improvements or other servj~es cbarged against real
property will be governed by ordinance.
;r,;.tjP.~:,~'
+:~P!
Chapter XII ....::ill;
MISCELLANEOUS PRQ.S,10NS
;i;h;.
:;i;;#Jf~>,
oj;;;
~i{){~, :~9:
Section 43. Protection of City Water. Any ana all wat'e,f, and water w6~"and water
rights now owned or which may hereafter be ac<tLt;i!~~~d q~Jilsajd City, for ~. purpose of
supplying the residents thereof with water shall;1!1,~'M~t be rented, sold or otherwise
disposed of; nor shall the City ever gIant any franchi' . any person or corporation for
the purpose of supplying the residen "" . City with w
Section 44. Se arate Fire and Police De" . '"I.~ City, Ashland shall maintain a
'<Ji. "1I'?"'" :<h'.?}~;!':
Fire Department which is "s~arate and d~#l};f;1tl'fr m:;~~ii'€ity Police Department. The
"':1:';'; , {I" ,(~?( . ":./
employees of one dep >, h~all not be ~,$1..'gned to qa' the job functions of employees
in the other dep , .... mendmenVlk4-86).
"F;;
may impose a property transfer tax or
in the City only after receiving approval
':;"!ii":i,'"
, uncii"U~~' authority to own, operate and conduct a municipal
Council has authority to fmance the maintenance and upkeep
teries 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.
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L .~.._
(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 open'Space purposes. Funds
dedicated to the Open Space Program may only be used;,f<Jlf open space purposes as
determined jointly by the Commission and the City COllI1m'.. .
"illi!
Section 49. Airport. The Council has authority to,'l~w~uii~; own, ct and operate a
municipal airport either within or outside city bo,~8anes:'
;:':;.!!\:,'>_ ';+',]I-;'+,":'
Section 50. City Band. The City shall providd';i~f;!;th~tinued operaw~:n of a City
Band. i'~:'m~;~~wfil
provisions relating to the
ippointed officials and
'i~ ,.
Section 51. Ethics. The Council sh~{
standards for ethical conduct of the
employees.
'1;11;1;, .;j!ifW' .
least ever)iili!rO years be' mning in 2015 the Council will
ee of not l~,~s than nine members. The Committee will
ssues relatin'!i,t1;J,ereto. It will report to the Council and
~d r~~ijfumendations, including any proposed
y not exceed debt limits imposed by state law. A
authorize City indebtedness.
ce Co uation. All ordinances consistent with this Charter in force
. ~!lh effect until amended or repealed.
Section 55. Repeal.!'l1 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.
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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 C()\.tn~Hmles.
(b) The Mayor has no vote on Council matters unle ere is a tieNy~t,~. The Mayor has
veto authority over Council legislative and admi~i~ ative decisions. ..
(c) With the consent of Council, the Mayor apppints ~~p1bers of coIIlrilissions and
committees established by ordinance or resolution.'
(d) The Mayor must sign all records d~:
/,
CJ.hief exe(ftjtive officer] of the City
(e) The Mayor serves as the political
government.
, move city department heads with the consent of the
,..v
, rt to the Council and public;
ity bu et to the city budget committee and Council;
I and intergovernmental cooperation;
,f#
~ Council, staff and citizens; and
ed by the Council.]
!d!j
Section 31. vacaif6'e. ill ity 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
J;.XWI13fT ~
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 Manae:er.
(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 Manal,ger will assist the
Mayor and Council in the development of City policies, and'~l:l,rry out policies
established by ordinances and resolutions. .
(b) A majority of the Council must appoint and!!~~y r~~oye the City l\';Ilnager. The
appointment must be made without regard to p<<Uitical considerations and solely
based on education and experiencenwith local governm'ent management.
;y;"
'b,,',;r
(c) The City Manager may be appo';'i_t,a defmite'olrlll~fi indefmite term, and
may be removed at any time by a maj~~ityd!!t~~Council.The Council must fIll the
office by appointment as.so.. on as practicible.,.i~ftert~....'~.;rcancy occurs.
'.", ...
(d) The City Man
(1) Attend alli'
(2) Make reports
needs 0
(3)
must:
meeti:p.gs unless e~~~ed by the Mayor or Council;
datio~~,,ito the Mayor and Council about the
; all City ordinances, resolutions, franchises, leases,
ity decisions;
nd re ve City employees;
):e City de ments and administrative structure;
nd admi .'i' ter the annual City budget;
(7) Admim .ty llitflities and property;
(8) Encourag . .npport regional and intergovernmental cooperation;
(9) Promote co ation among the Council, staff and citizens in developing City
policies, ancf'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.
(t) 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.
J5.x H Ie IT 'f
(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 Tem. The
Manager Pro Tem has the authority and duties of City Manager, except that a Pro
Tem 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.
-',\'.,
tXHJf5/T <.{
The [charter] ballot title prepared by Petitioners as a replacement for City's [charter] ballot
title is as follows:
CAPTION: Replaces Ashland's Current Charter With A Modified "Model Charter"
QUESTION: Shall Ashland replace its current charter with a "model charter" modified to keep
many but not all Ashland-specific provisions?
SUMMARY: Voting YES replaces Ashland's charter with a "model charter" that retains some
Ashland-specific provisions and eliminates others. Voting NO retains the current charter.
Proposed charter:
Removes current parks protection, empowering City to sell or lease parkland.
Replaces word, "inhabitants" with "residents" in water protection clause, granting City power to
sell water service to corporations.
Eliminates voter-initiated salary caps, empowering Council and Mayor to set their own salaries
and fringe benefits, and salaries of City Recorder and Judge, through the budget process.
Changes City's "general powers" from "all powers necessary or convenient..." to "all powers
possible" under state and federal law.
Removes property owners' right to suspend a local improvement district with a 2/3-majority
objection, empowering City to set a different threshold.
Removes references to Parks and City Band tax levy authority, superseded by Oregon
Constitution amendment.
Removes specification that Police Chief is "conservator of the peace", empowering City to
redefine role.
Retains voter approval requirement for real estate transfer tax.
Retains separate police and fire departments.
EXHIBIT 5 - Replacement Charter Ballot Title
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Exhibit 5.
The [charter amendment] ballot title prepared by Petitioners as a replacement for City's
[charter amendment] ballot title is as follows:
CAPTION: Transfers specified powers from Mayor and Council to City Manager
QUESTION: Shall Charter be amended to transfer power to hire/ fire department heads from Mayor
and Council to City Manager?
SUMMARY: Voting YES amends Ashland's current charter (or proposed charter if adopted),
changing the title of City Administrator to City Manager and transferring specified powers from
Mayor and Council to the City Manager. Voting NO retains the appointive office of City
Administrator with no transfers of power.
Both the current and proposed charters require the Mayor with consent of Council to appoint and
remove department heads. Proposed amendment transfers this responsibility to the City Manager.
Proposed amendment removes from Mayor the role of Chief Executive Officer, power to supervise
city employees, and responsibility to present the annual budget to council.
Proposed amendment renames City Administrator to City Manager, assigns the role of Chief
Administrative Officer and grants powers removed from Mayor and Council.
EXHIBIT 6 - Replacement Charter Amendment Ballot Title
Vavra v. City of Ashland Attorney Michael W. Franell, Petition For Review Of Ballot Title
Exhibit 6.
II
ASHLAND CITY CHARTER
INTRODUCTION 00 History ofthe Ashland Charter
The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to the
City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the
City, which remained in effect until 1970, although amended numerous times over the years.
In 1906, a State constitutional amendment giving cities Home Rule meant that Charters could be adopted
and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City
Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government.
For this purpose, the Council may call a special election on the Charter by initiative petition.
In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and
the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of
the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting
obsolete provisions, thereby simplifying this important document and making it a more workable one.
Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative
refinements, and these amendments have been incorporated into the following compilation of the City
Charter.
Notes: 1) City incorporated 10-13-1874
2) First Ordinance passed 11-14-1874 -Setting Boundaries ofthe City of Ashland
ARTICLE 1 Name and Boundaries
Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970.
Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a
municipal corporation with the name "City of Ashland".
Section 3. Boundaries The City shall include all territory encompassed by its boundaries as they now
exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to
modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this Charter,
in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The
copies and descriptions shall be available for public inspection at any time during regular office hours of
the Recorder.
ARTICLE 2 Powers
Section 1. Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically
granted. All the authority thereof shall have perpetual succession.
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers, which the City would have if the
particular power were not mentioned. The Charter shall be liberally construed to the end that the City
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ASHLAND CITY CHARTER
shall have all powers necessary or convenient for the conduct of its municipal affairs, including all
powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the
State Constitution.
Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special
election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a
new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or
referendum ordinance of the City of Ashland, or the laws of the State of Oregon.
ARTICLE 3 Elective Officers
Section 1. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6) Council
Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78)
Section 2. Qualifications All elective officers except the Municipal Judge shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries Any change in the amount of the present compensation received by elective officers,
except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the
salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the
fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory
employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
average salary adjustment of the other supervisory employees and department heads of the City of
Ashland. (Charter amendment 5-23-78).
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to hislher office, or unlawful destruction of
public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in
the case of the Mayor or Council Member, upon hislher absence from the City for thirty (30) days without
the consent of the Councilor upon his/her absence from meetings of the Council for sixty (60) days
without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the
Council.
A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member
of the Council for disorderly conduct in Council or inattention to duties. No Council member shall be
expelled without notice and a hearing by the Council.
Section 5. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in City Contracts During the term of office, no elective officer shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote 11-
8-94.)
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ARTICLE 4 Mayor
Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the
end of hislher term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be
elected for a term offour (4) years.
Section 2. Powers and Duties The Mayor serves as the political head of the City government.
Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council
except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in
the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance,
either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or
passed by the Council over hislher veto. The Mayor shall, in case he/she vetoes any ordinance or
resolution, file such veto with the City Recorder, together with reasons for hislher disapproval, which veto
and message of disapproval shall be read at the next meeting of the Council, and such ordinance or
resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the
affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all
resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote
thereon.
ARTICLE 5 Council Members
Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in
office, each until the end of hislher term of office as fixed by the Charter of the City in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term off our (4) years.
ARTICLE 6 Recorder
Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until
the end of hislher term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall
be elected for a term of four (4) years.
Section 2. Powers and Duties The Recorder shall act as Clerk of the Council and shall keep plain and
correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers
presented to himlher officially, and safely keep all files, records and papers of the corporation pertaining
to hislher office, and these shall be open to the public. At the expiration of hislher term of office, he/she
shall turn over to hislher successor any and all records, books, and papers pertaining to said office.
The Recorder must draw all orders for the proper payment of monies against the proper funds that have
been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make
periodic audits of all City accounting records.
The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the
same, together with any and all special benefits and assessments then due, to the Clerk of the County
Court.
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ASHLAND CITY CHARTER
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by
the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the
Mayor therein.
Section 3. Vacancy A willful absence of the Recorder from the City for more than thirty (30) days
without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as
vacancies in the office of Council members are filled.
Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tern
who, while acting in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE 6A Judge
Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge
shall be elected for a term offour (4) years. (Charter amendment 5-23-78)
ARTICLE 7 Elections
Section 1. Regular Elections Regular City elections shall be held at the same times and places as
biennial general State elections, in accordance with applicable State election laws.
Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall give
at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place
in the City Hall, and by publication in a newspaper of wide and general circulation published in the City
of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted
upon, and the time and place of the election.
Section 3. Special Elections The Council shall provide the time, manner and means for holding any
special election which shall comply with applicable State laws. The Recorder shall give at least ten (10)
days notice of each special election in the manner provided by the action of the Council ordering the
election.
Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council provides
otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all
City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and
with the candidate's written acceptance of such nomination. No elector may sign more than one petition
for each office to be filled at the election. If he/she does so, hislher signature will be valid only on the
first sufficient petition filed for the office. The signatures to a nomination petition need not all be
appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the
circulator thereof, indicating the number of signers of the paper and stating that each signature of the
person appended thereto was made in hislher presence, and is the genuine signature of the person whose
name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or
residence, identified by its street and number or other sufficient designation. The Recorder shall make a
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ASHLAND CITY CHARTER
record of the exact time at which each petition is filed and shall take and preserve the name and address of
the person by whom it is filed. If the petition is not signed by the required number of qualified electors,
the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after
the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to
the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition
may be amended and filed again as a new petition, or a substitute petition for the same candidate may be
filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition
shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12)
days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment
11-2-82)
Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the
State laws governing the filing of returns by the County Clerk shall apply. In each special City election,
the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later
than five (5) days after the election, the Council shall meet and canvass the returns. The results of all
elections shall be entered in the record of the proceedings of the Council. The entry shall state the total
number of votes cast at the election, the votes cast for each person, and for and against each proposition,
the name of each person elected to office, the office to which he/she has been elected, and a reference to
each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make
and sign a Certificate of Election of each person elected and deliver the Certificate to himlher within one
(1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth
of the statements contained in it.
Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an
oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties
of his/her office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor.
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from one (No. I) through six
(No.6), and any candidate for Council shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an election.
The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers
1,3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision,
the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council
members.
Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least once
each month at a time and place which it designates. Other meetings may be called as the Council deems
Page 5 of 17
ASHLAND CITY CHARTER
necessary, with notice given the Mayor and Council members and the public as provided by ordinance.
Minutes of any such special meeting shall be presented at the next regular Council meeting. The Council
shall adopt rules for its proceedings.
Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the
Council members, shall constitute a quorum for conducting Council business.
Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the
Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and
entered in the record.
Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion
for the action and the vote thereon take place at proceedings open to the public.
Section 7. Mayor's Function at Council Meetings The Mayor shall preside over the deliberations of the
Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year. He/she
shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any matter,
have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain hislher
Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the
Council members present shall elect one of their number as Chair Pro Tern, who shall preside at that
meeting.
Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of the
members of the Council present at a Council meeting shall be necessary to decide any question before the
Council.
ARTICLE 9 Special Powers of the Council
Section 1. Violation of Charter. Ordinance and Laws The Council, at any regular or adjourned meeting,
shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass
resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the
provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter,
by fine or imprisonment of such offender, until such fme and costs are paid; and to provide for the
working of such persons so convicted on the streets of the City or at any other work, and to provide the
compensation therefore to be applied on such fine and costs; but no fine shall exceed the sum of $500 and
the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Section 2. Levy of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes
on the taxable property of the City made taxable by law for County and State purposes, not to exceed
fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in
such further amount as may be necessary for the payment of interest or principal on any bonded
indebtedness now existing or hereafter to exist against the City and for payment of any judgment or
judgments obtained against the City.
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ASHLAND CITY CHARTER
Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by
law and by this Charter, the City Council of the City of Ashland shall have the power and authority to
issue the general obligation bonds of the City in such amounts and with such maturity dates as the City
Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty
Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord
with current construction standards of the City's water, sewer, electrical and storm sewer systems; City
streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland
Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in
the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland
in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds and
for no other purpose; and shall have the power and right to designate the manner and time of payment of
said bonds and the interest thereon, provided that considering any discounts or premiums paid, the
effective rate of interest on such bonds shall not exceed that allowable by the laws of the State of Oregon.
The power herein granted shall be exercised by the Council without submitting the question to a further
vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation
on bond or other indebtedness elsewhere contained in the Charter of said City.
Section 2b. Hospitallmprovement Bonds In addition to the indebtedness otherwise authorized by law
and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue
the general obligation bonds of the City in such amounts and with such maturity dates as the City Council
shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty
Thousand Dollars ($360,000.00) for the purpose of fmancing the design and construction of additions and
improvements to the Ashland Community Hospital; and shall have the power and right to designate the
manner and time of payment of said bonds and the interest thereon, provided that considering any
discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by
the laws of the State of Oregon. The power herein granted shall be exercised by the Council without
submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article
shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of
said City.
Section 3. Special Assessments The Council shall have the power at regular or adjourned meeting to
levy such special benefit assessments for road, sewer or other special improvements as they deem
reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon,
not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected
under the provisions of Article XII, Sections 1 and 2.
Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any
administrative error in the levying of any special benefit assessment and to cause a reassessment to be
made.
Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have
the power within the limits of the City of Ashland to borrow money upon the credit of the City and
authorize the issue of orders or notes therefore to an amount not exceeding $5,000.00 when required for
municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate
at any time to exceed $5,000.00.
Section 6. Bonds The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue
bonds of the City for other purposes when duly voted and required by a majority of the electors of said
City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City
has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period
or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to
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ASHLAND CITY CHARTER
this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically
repealed.
Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit
any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either
within or above the City limits.
ARTICLE 10 Ordinances
Section 1. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be: The People
of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment
( a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance
of the Council shall, before being put upon its final passage, be read first fully and distinctly in open
Council meeting and then on a different date by title only, unless a Council member or the public requests
that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at
a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the public,
requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council
member and three (3) copies are provided for public inspection in the office of the City Recorder not later
than one (1) week before the first reading of the ordinance and if notice of their availability is given
forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of
general circulation and published in the City. An ordinance enacted after being read by title alone may
have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading,
unless each section incorporating such a difference is read fully and distinctly in open Council meeting as
finally amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered
into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and
his/her name and the title of his /her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the
thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may
provide a later time for it to take effect; and, in case of emergency, it may take effect immediately.
ARTICLE 11 Public Improvements
Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be
determined by the Council and declared by resolution of the Council describing the property and stating
the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the
Council or provided by State law.
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ASHLAND CITY CHARTER
Section 2. Improvements The procedure for making, altering, vacating or abandoning a public
improvement shall be governed by general ordinance or to the extent not so governed, by applicable
general laws of the State. Action on any proposed public improvement, except a sidewalk or except an
improvement unanimously declared by the Council to be needed at once because of an emergency, shall
be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be
specially assessed therefore. In this section, "owner" shall mean the record holder of legal title or, where
the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by
the record holder of legal title to the land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments The procedure for the levying, collecting and enforcing the payment of
special assessments for public improvements or other services to be charged against real property shall be
as provided in Article XII, Sections 1 and 2 of this Charter.
Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public
place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the
probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general
circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done
in accordance with the plans and specifications approved by the Council. The Council shall have the right
to reject any or all bids without incurring any liability for such rejection.
ARTICLE 12 Taxation: Powers and Duties of the Council
Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of the
County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the
assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and
assessments as permitted in this Charter against the taxable property of the City of Ashland, and such
special assessments and penalties as may be due and unpaid, and cause the same to be certified to the
County Court, as provided in Section 2 of this Article.
Section 2. Duties The Council shall, immediately after such levy, notify the Clerk of the County Court,
under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all
delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to
compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the
tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the
same manner and at the same time as taxes for County purposes are collected, and the same shall be paid
over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes.
Section 3. County Road Tax The territory within the limits of the City of Ashland as now existing and
as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson
County for licensing purposes and road purposes, and the City Council shall have full and exclusive
jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes
and assessments of the property within the City for road work, except such taxes as may be levied and
assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street
purposes within the limits of the City and not otherwise.
Section 4. Property Transfer Tax. The Council may impose a property transfer tax or fee on property
being sold or transferred within the City, only by getting approval of the voters of Ashland.
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ASHLAND CITY CHARTER
ARTICLE 13 Appointive Officers
Section 1. Separate Police and Fire Departments The City of Ashland shall maintain a Fire Department
which is separate and distinct from the City Police Department. The employees of one department shall
not be assigned to do the job functions of employees in the other department.
(Charter amendment 1-4-86)
Section 2. Oualifications. Duties. and Salaries The Council shall, by ordinances, prescribe the duties of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge
shall be a member of the Oregon State Bar.
Section 3. Interest in City Contracts Except as provided otherwise by law, no officer, agent or employee
shall have any interest in any City contract made by himlher in his/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, except
that the employment of the officer, agent or employee shall not be considered a contract for the purposes
of this section.
Section 4. City Manager.
(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 defmite 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.
(d) The City 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) 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 City Council, staff and citizens in developing City policies,
and building a sense of community;
(10) Perform other duties as directed by the City Council;
(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.
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ASHLAND CITY CHARTER
(I) 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 City Manager Pro Tern. The City Manager Pro Tern
has the authority and duties of 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 City Manager in the appointment or removal of any City
employee.
Section 5. City Attorney. The office of City Attorney is established as the Chief Legal Officer of
the City government. The Mayor with the consent of the City Council must appoint and may
remove the City Attorney. The City Attorney must appoint and supervise, and may remove any
legal office employees.
ARTICLE 14 Chief of Police: Powers and Duties
Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of
Ashland and, in addition to the authority vested in himlher by the City Council, he/she shall have the
authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the
same manner and to the same effect as required of constables under the statutes of this State. He/she
shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace
committed in his/her presence, and take them before the judge of the City Court, or some Justice of the
Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the
Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of
any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by
virtue of his /her office be Chief of such force.
Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the
Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of
the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and
ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City
Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the
City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal
from office by the City Council.
ARTICLE 15 Court
Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times
specified by the Council. All area within the City shall be within the territorial jurisdiction of the court.
When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation
of a City ordinance shall be governed by the applicable general laws of the State governing District
Courts.
Section 2. Judge The Municipal Judge shall be the judicial officer of the City. He/she shall exercise
original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and Charter
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ASHLAND CITY CHARTER
of the City and all other offenses made punishable by State law over which the City is given concurrent
jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an
offense against the ordinances and Charter of the City, to commit any such person to jail or admit himlher
to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process
necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt
of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City
Council.
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78).
Section 4. J!!!:y A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and
shall have the qualifications of such jurors resident within the corporate limits of said City.
Section 5. Fines. Fees. Costs. and Cash Bail The City Council shall provide for the collection of all
Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.
ARTICLE 16 Miscellaneous Provisions
Section 1. Public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the
power to provide the residents of said City with such services as water, sewer, electric power, public
transportation and such other public utilities as the people desire by majority vote; and to exact and
collect compensation from the users of such public utility; provided, however, that any and all water and
water works and water rights now owned or which may hereafter be acquired by said City, for the
purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed
of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying
the inhabitants of said City with water.
Section 2. Torts The City's immunity or liability for torts shall be as determined by State law.
Section 3. Existing Ordinances. Acts. Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of
this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or
proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall
continue to receive such compensation for their services during the balance of their term as appertained to
the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities
incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore
issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council
heretofore done in good faith for the benefit of the City and on which proceedings shall not be instituted
prior to July 1, 1970 are hereby legalized and made valid in every particular.
Section 4. ReDeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as
Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections 1 and
2, compiled herein as Article XII, Sections 1 and 2; and Territory Excepted for Road Purposes and
Licensing Purposes; that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those
provisions of the previous Charter Amendments included in the following:
· Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1
· Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3
· Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
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ASHLAND CITY CHARTER
· Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII,
Sections 1 and 2
· Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections 1, 2, 3 and 4
· Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections
1,2,3, and 4
· Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1
· Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1
· Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
· Article XIX, Section l-C, amended 3-12-57, compiled herein as Article XIX, Section l-C
Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July 1, 1970,
except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article
XIII, Section 1 and Article XXII took effect on June 6, 1972.
ARTICLE 17 Hospital
Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a
municipal hospital within the limits of said City of Ashland under the authority and direction of the
Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it
may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose
of providing funds with which to purchase real property for a hospital, construct a building or buildings to
be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall
bear the date established by the Council, be serial in character, callable at any interest payment date in
whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired
by the said City in a period of not to exceed twenty-five (25) years, be in denomination of $1,000.00 each,
be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have
semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto,
by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and
promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal
tender of the United States of America, with interest thereon in like legal tender, at the office of the City
Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds
shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of
interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be
determined by the Council in the exercise of its best judgment in order to carry out the intention hereof.
That it shall be the duty of the Council to attend to the proper application of the funds derived from the
sale of said bonds and the purchaser or purchasers thereof shall in no event be responsible or charged with
the proper application of the funds derived from the sale thereof. That the Council is hereby authorized
and empowered each year at the time of making the annual tax levy for City purposes to include in such
levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same
shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt
limitation.
ARTICLE 18 Cemeteries Trust Fund
Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual
levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of
assessed valuation of property within the City, which sum shall be used for the purpose of maintenance
and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within
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ASHLAND CITY CHARTER
the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy
the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which shall be
used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an
extent as to provide sufficient income for the purposes for which same was created, then no further tax
levy shall be made thereafter.
Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of
Ashland, or any privately-operated or owned cemetery within the said City for the purpose of providing
proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon
conditions as to it may seem for the best interests of the City.
Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary
for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the
City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies
received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots
so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City
of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem
best for the protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes
mentioned herein on behalf of the said City, which donations or bequests shall become a part of said
permanent trust fund, unless specified otherwise when any such bequests or donations are given.
ARTICLE 19 Park Commission
Section 1. Dedication All those lands specified by the Charter Amendment of December 15, 1908 and
May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered or used for any purpose inconsistent therewith; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided
further, that nothing contained in this act shall be construed so as to impair or interfere with proper
construction or operation of the City's light, power or water system.
Section lC. That the Ashland Park Commission, with the consent of the Common Council, shall have
the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the
State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast comer of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower
park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150
feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line
of Hargadine Street to northeast comer of park property; thence, following the
meandering north line of park property to place of beginning, containing approximately
two acres for the purpose of remodeling and expanding the present Festival theatre and
the construction of additional buildings which are hereby designated as public buildings
for use by the Oregon Shakespearean Festival Association for any of the purposes
authorized by the corporate charter of said association, said use to be on such terms and
conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed
a period of ninety-nine (99) years.
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ASHLAND CITY CHARTER
Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of
Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective
by the proclamation of the Mayor published on the 17th day of December, 1908, and known and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with
all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term offour (4) years from the first
day of January, 1921, and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923,
and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a
vacancy, in which event he/she shall be elected to serve until the first day of January following the next
succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland Park Commission shall hold office for the term for which he/she
was elected, and until his/her successor is elected and qualified.
Section 3. Funding The said Park Commission shall have control and management of all the lands here
dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall be the duty of said Commission and they shall, at the beginning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. All purchases made and all labor
performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax
levy for general City purposes in each year, the said Commission shall cause a careful estimate to be
made of the money required for park purposes for the ensuing year and file the same with the City
Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herein authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. Salary: Government The said Commission shall serve without pay and shall have power to
formulate and adopt rules and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
instruments by which said City obtained title thereto; which said instruments shall be considered as
carrying a more specific description of said lands.
ARTICLE 19a Open Space Park Program
Section 1. Creation. Powers and Duties An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make recommendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park
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ASHLAND CITY CHARTER
Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall
be responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any land
or easements that have been acquired for the Open Space Park Program are disposed of and released from
the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not contain an
emergency clause, thus giving to the people of the City of Ashland the opportunity to petition for a
referendum. Land or easements acquired for open space park purposes shall be dedicated by the City
Council for such purposes. Such dedicated lands or easement shall be under the control and management
of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire
fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-14-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open
Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated
for acquisition of Open Space Park Program lands shall remain under the financial management of the
City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes
by the City Council without further approval by the electorate. Said tax measures for funding of the Open
Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate.
(Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space
park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of
Ashland. (Amended 5-15-90).
ARTICLE 20 Municipal Airport
Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct
and operate a municipal airport either within or outside the limits of the City of Ashland, under the
authority and direction of the Council.
ARTICLE 21 City Band
Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause
a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year,
such estimate shall be presented and considered with the other items in the annual budget and there shall
be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for
such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to
the order of the Council.
ARTICLE 22 Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland
Park Commissioners and their terms of office shall be the same.
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ASHLAND CITY CHARTER
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds
be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which
relates to the Park Commission and a levy for park purposes.
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