HomeMy WebLinkAbout2007-07 Submit Revised Charter to the Voters
2007 RESOLUTION NO. ?-OOl- 01
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, PROPOSING AND
SUBMITTING TO THE VOTERS OF THE CITY OF ASHLAND THE ADOPTION OF A REVISED
CHARTER AND CALLING FOR AN ELECTION
RECITALS:
The City Council of the City of Ashland, Jackson County, Oregon (the "City") has determined that a
question should be posed to the voters as to whether or not Ashland should adopt a revised and updated
City Charter.
NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. In accordance with Ashland Municipal Code Section 1.12.010, the Council formally
proposes and submits to the voters of the City of Ashland a City Measure proposing a revised City
Charter. The Charter, and supporting documents, including Ballot Title, and Explanatory Statement, are
attached hereto and made a part hereof by this reference.
SECTION 2. Pursuant to AMC 1.12.020, the City calls for an election in accordance with State Law
and announces that the date of said election shall be the May 15, 2007 regular election consistent with
dates for City elections in ORS 221.230.
SECTION 3. The purpose of the May 15, 2007 election is to submit to the qualified voters of the City
the question: Shall Ashland adopt a Charter revising language and removing sections that have been
superseded by state law?
SECTION 4. The City Recorder / City Elections Officer has received and published a Ballot Title for the
City Measure approved by the City Council on February 20,2007 and consistent with Oregon Revised
Statutes 250.275.
SECTION 5. The City Recorder / City Elections Officer shall cause to be delivered to the Elections
Officer of Jackson County, Oregon, the attached City Measure in accordance with applicable procedural
requirements of ORS Chapter 250. The Election Officer is requested to give the electorate of the City
notice that the election shall be conducted by mail pursuant to Oregon law; and
SECTION 6. The City Attorney, and if necessary, an appropriate Judge of the Circuit Court of Jackson
County, is authorized to alter the text of the Ballot Title to comply with state law and any rules, procedures
or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law.
SECTION 7. This resolution shall take effect upon its adoption by the Council.
The f regoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the
Cit fAs andon~
Barbara Christensen, City Recorder
7 day Of;/tAAvIt ,2007.
DRAFT REVISED ASHLAND CHARTER
January 17,2007
CITY OF ASHLAND
CITY CHARTER
PREAMBLE
We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under
the Oregon Constitution and laws of the state, and enact this Home Rule Charter.
Chapter I
NAMES AND BOUNDARIES
Section I. Title. This Charter may be referred to as the 2OQ7 Ashland City Charter.
Section 2. Name. The City of Ashland, Oregon; continues as a mun
witli the name City of Ashland.
corporation
Section 3. Boundaries. The City includes all territory within its boundaries as they now
exist or are legally modified. The City will maintain as ublic record an accurate and
current description of the boundaries.
Chapter n
POWERS
Section 4. Powers.
law of the United St
fully as though this Ch
City h~ all powers that the constitutions, statutes and common
", gon expressly or impliedly grant or allow the City, as
~Uy\en;\:l;w,~rated each of those powers.
Section 5. Construction. Th
exercise fully all powers possibl
law.
er will be liberally construed so that the City may
this Charter and under United States and Oregon
Section 6. Distribution. JPe Oregon Constitution reserves initiative and referendum
powers as to all municip~llegislation to city voters. This Charter vests all other City
powers in the Couticilexcept as the Charter otherwise provides. The Council has
legislative, administrative and quasi-judicial authority. The Council exercises legislative
authority by ordinance, administrative authority by resolution, and quasi-judicial
authority by order. The Council may not delegate its authority to adopt ordinances.
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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 Council rules.
(b) The Mayor has no vote on Council matters unless there is a tie vote. The Mayor has
veto authority over Council legislative and administrative decisions.
(c) With the consent of Council, the Mayor appointsfj1ember$ of commissions and
committees established by ordinance or resolution.
(d) The Mayor must sign all records of council deci~ions."",
(e) The Mayor serves as the political head and chief executive officer of the City
government.
(t) The Mayor must:
(1) Appoint, supervise and remove city departm" eads with the consent of the
councilors;
(2) Deliver an annual state of the cityr!;':port to the co U and public;
(3) Encourage and support regional and 'intergovernmental CQoperation;
(4) Promote cooperation among the C()uncil,staff.~d citi?:ens; and
(5) Perform other duties as assigned bYthe"council.
Section 9. Council President. ,~t its first ms;eting each year, the council must elect a
President from its m ,ership. The President1ipl:'~ides in the absence of the mayor and
acts as mayor when the a UJ,1~Rl~ to perform duties.
ust adopt by ordinance or resolution rules to govern its
ouncil must meet at least once a month at a time and place
ay meet at other times in accordance with the rules.
Mayor and three Councilors or four Councilors is a quorum to
conduct business, b '. a smaller number may meet and compel attendance of absent
members as prescribed by Council rules.
Section 13. Vote Required. The express approval of a majority of a quorum of the
Council is necessary for any council decision, except when this Charter requires approval
by greater number. A majority shall in all cases consist of a minimum ofthree votes.
Section 14. Record. A record of council meetings must be kept in a manner prescribed
by the Council rules.
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Chapter IV
LEGISLATIVE AUTHORITY
Section 15. Ordinances. The Council will exercise its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of Ashland
ordains as follows:"
Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by
a majority of a quorum at two meetings.
(b) The Council may adopt an ordinance at a single meeting by the unanimous approval
of the Councilors present, provided the proposed ordinance iSa.vailable in writing to the
public at least one week before the meeting.
(c) Any substantive amendment to a proposed ordinance mu
Council meeting or made available in writing to th~publicbefore t
ordinance at that meeting.
(d) After the adoption of an ordinance, the vote of each member must be
Council minutes.
(e) After adoption of an ordinance, the Recorder of records must endorse it with the date
of adoption and the Recorder's name and title. The Reconler must submit the ordinance
to the Mayor for approval. If the Ma pproves the ordinlU:ice, the Mayor must sign and
date it.
(t) If the Mayor vetoes the ordinance, the MayofIll st return it to the Recorder with
written reasons for his veto within five bUsiness da assage of the ordinance. If the
ordinance is not so returned,~tta.kes effect a~jf approved.
(g) At the first Council meeting after veto by:the Mayor, the Councilors will consider the
reasons of the MaY()t;~d again, vote on the 0 . ance. If four Councilors vote to adopt
the ordinance, it will takeeffecb'
read aloud in the
uncil adopts the
into the
Section te of'rdinances. Ordinances normally take effect on the 30th
day a:tl;~ adoption an oval by the....Mayor, or adoption after veto by the Mayor, or on
a lateF'tIa..y",provided in ..... rdinan~. An ordinance adopted may take effect as soon as
adopted, ordth,er date less~a.n 30 days after adoption ifit contains an emergency clause.
Chapter V
CIL ADMINISTRATIVE AUTHORITY
Section 18. Resolutions. The Council will normally exercise its administrative authority
by approving resolutions. The approving clause for resolutions must state "The City of
Ashland resolves as follows:"
Section 19. Resolution Approval.
(a) Adoption of a resolution or any other Council administrative decision reqUIres
approval by the council at one meeting.
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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 of the resolution. If the
resolution is not returned, it takes effect as if approved.
(f) At the first Council meeting after veto by the Mayor, th
reasons of the Mayor and again vote on the resolution. If
the resolution, it will take effect.
uncilors will consider the
ouncilors vote to adopt
Section 20. Effective Date of Resolutions. Resolufibns and other administrative
decisions take effect on the date signed by th~Mllyor, or OIl,. a later day provided in the
resolution.
Chapter VI
QUASI-JUQICIAL AUTHORITY
Section 21. Orders.' The Council will normally~~ercise its ,quasi-judicial authority by
approving orders. The approving clause fot/orders may $~te "The City of Ashland orders
as follows:"
Council quasi-judicial decision requires approval
an or er must be read aloud or made available in
re the Council adopts the order.
er Council quasi-judicial decision, the vote of each
Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take
effect on the date offinal approval, or on a later day provided in the order or by
ordinance.
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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 ofthe Mayor in
office when this Charter is adopted is the term for which the Mayor was elected.
Section 26. State Law. City elections must conform to state law except as this Charter or
ordinances provide otherwise. All elections for City offices must be nonpartisan.
Section 27. Qualifications.
(a) To hold a City elective position, each person must be a qualified elector under state
law, and reside within the City before election~tappointment to office. The Municipal
Judge shall not be required to be a resident of the City of Ashland.
(b) No person may be a candidate at a single election for more than one City office.
( c) Neither the Mayor nor a Councilor may be employed by the City.
(d) The Council is the final judge of t tion and qualifi~tions of its members.
Section 28. Nominations.
(a) An eligible elector may become a candidate for an elective City position by filing a
nomination petition or a decl~ . on of candidacy on a form prescribed by the Secretary
of State and available from th ty Recorder.
(b) A declaration ofcahdidacy st be accomp~~ by the filing fee, if any, established
by Council resolution.
( c) A nomi . on 'tion must con
electors.
(d)
electio
atures of not fewer than 25 city-qualified
'be by ordinance other procedures for the nomination and
ective positions.
of an officer elected at a general election begins when the
first of the next year immediately after the election, and
or qualifies and assumes the office.
Section 30. Oath. To hold a City elective position each person must swear or affirm to
faithfully perform the duties of the office and support the constitutions and laws of the
United States and Oregon.
Section 31. Vacancies. City elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death;
(2) Adjudicated incompetence; or
(3) Recall from the office.
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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 office. No incumbent may be
expelled without notice, a hearing, and a decision by at least four Councilors; or
(6) Resignation from the office.
Section 32. Filling Vacancies. A vacant City :~lective positi ill be filled by
appointment by a majority of the remaining Councilors. The appoin term of office
shall begin immediately upon appointment a119 shall continue until a succ elected at
the next biennial election, takes office for the unexpir erm. If a Co 1l0r will be
absent from office for more than 60 days with Council sent, the Council may appoint
a Councilor Pro Tern.
Chapter VIII
OTHER ELECTIVICERS
Section 33. City Recorder.
(a) The office of City Record<i~s establisheg. as the Council Clerk, City Custodian of
Records and City E1 . ns Ocial. The R er must attend all Council meetings
unless excused by the "or 0 uncil. The corder must make payments of all City
funds appro . theOQund , and m~Maudit City accounting records.
(b) At th . n NOVi er 2010 and every other general election after that, a
Reco will be elec r a fo term. The term of the Recorder in office when
this < is adopted i term:ft which the Recorder was elected.
(c) When ecorder is porarily disabled from acting as Recorder or when the office
becomes va e Coun must appoint a Recorder Pro Tem. The Recorder Pro Tern
has the authorit duti fRecorder.
Section 34. Municipa1:Court and Judge.
(a) The office of Municipal Judge is established. The municipal judge will hold court in
the City at such place as the Council directs. The court will be known as the Municipal
Court. The Municipal Judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after that,
a Municipal Judge will be elected for a four-year term. The term of the Municipal Judge
in office when this Charter is adopted is the term for which the judge was elected.
( c) All proceedings of this court will conform to state laws governing justices of the
peace and justice courts.
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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:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the City;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
(5) Compel witnesses to appear and testify and jurors to serve for trials;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and ordet~Qf the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
(t) Any defendant requesting jury trial may have 'jury of six (6) members by demanding
the same. Any jury chosen shall be governed e laws of the State of Oregon relating
to juries in the District Court, and shall have lifica.tions of such jurors resident
within the corporate limits of said City.
(g) The Council may appoint and may remove Munici
(h) The Council may transfer some 0 of the functio
appropriate state court.
dges Pro Tern.
the Municipal Court to an
Chapter IX
.POINTIVE(])FFICERS
f City Administrator is established as the
e City government under the Mayor. The Mayor with
appoint and may remove the City Administrator.
be established by ordinance.
Section 36.
Officer of the
appoint and may
supervise, and may r
ttorne .fhe office of City Attorney is established as the Chief Legal
overmnent. The Mayor with the consent of the City Council must
e the City Attorney. The City Attorney must appoint and
ove any legal office employees.
Chapter X
PERSONNEL
Section 37.Compensation. The Council must authorize the compensation of City officers
and employees, the City Recorder and the Municipal Judge as part of its approval of the
annual City budget. The Council may authorize by ordinance compensation for the
Mayor and Councilors. Any such ordinance may not take effect before January 1 of the
year after a Council election.
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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, collecting and enforcing
special assessments for public improvements or other services charged against real
property will be governed by ordinance.
Chapter XII
MISCELLANEOUS PROVISIONS
Section 43. Protection of City Water. Any and, all water and water
rights now owned or which may hereafter be acqyjred by said City, for
supplying the residents thereof with water shall never be rented, sold or otherwise
disposed of; nor shall the City ever grant any franchise ...~~.. any person or corporation for
the purpose of supplying the residents of said City with water.
Section 44. Separate Fire and Police DepartmentS.n'I'he City of Ashland shall maintain a
Fire Department which is separate and distin,~from th~City Police Department. The
employees of one department all not be' ed to dO the job functions of employees
in the other department. (Ch endmen 4-86).
may impose a property transfer tax or
authority to own, operate and conduct a municipal
Section 47. Ce"..:es The Council has authority to finance the maintenance and upkeep
of public and privat~~eteries within the City.
Section 48. Park & Recreation Commission
(a) A Park & Recreation Commission is created with five members nominated and
elected from the City at large by position. At the first general election after the adoption
of this Charter and every four years thereafter, three commissioners will be elected for
four-year terms by position. At the second general election after adoption of this Charter
and every four years thereafter, two commissioners will be elected for four-year terms by
position. The terms of commissioners in office when this Charter is adopted are the terms
for which they were elected.
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(b) The Park & Recreation Commission has authority over the management of all City
lands dedicated for park purposes and all other lands acquired by the City for such
purposes. The Commission has control and management of all park funds budgeted by
the City and must expend them judiciously for beautifying and improving City parks and
for funding the City Band. The Park & Recreation Commission will carry out its
functions and duties in accordance with City ordinances.
(c) The Park & Recreation Commission administers the City open space park program.
The Commission makes recommendations to the City Council concerning land and
easement acquisitions for the program. After such acquisition, the Commission will
administer, develop and operate such land. The City Council may not use condemnation
power to acquire fee simple ownership of any land for op(;in space purposes. Funds
dedicated to the Open Space Program may only be used'()( open space purposes as
determined jointly by the Commission and the City Council.
Section 49. Airport. The Council has authority to uire, own,
municipal airport either within or outside city boun aries.
ct and operate a
Section 50. City Band. The City shall provid or the ,~ntinued operatJon of a City
Band.
Section 51. Ethics. The Council shall by Qrdinance esU.l provisions relating to the
standards for ethical conduct of the City!s elected OffiCI s, appointed officials and
employees.
least every 10 years beginning in 2015 the Council will
'ttee of not less than nine members. The Committee will
ssues relating>.thereto. It will report to the Council and
and regotnmendations, including any proposed
Section~3. Debt. Cit
Chatfer:lP11(;indment is n
may not exceed debt limits imposed by state law. A
authorize City indebtedness.
Section 54. Oflinance Co uation. All ordinances consistent with this Charter in force
when it takes e remaiJ;), in effect until amended or r(;!pealed.
Section 55. Repeal. All Charter provisions adopted before this Charter takes effect are
repealed.
Section 56. Severability. The terms of this Charter are severable. If any provision is held
invalid by a court, the invalidity does not affect any other part of the Charter.
Section 57. Time of Effect. This Charter takes effect July 1. 2007.
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NOTICE OF SPECIAL ELECTION
CITY OF ASHLAND
JACKSON COUNTY, OREGON
NOTICE IS HEREBY GIVEN that on Tuesday, May 15, 2007, a measure election will be
held by the City of Ashland, Jackson County, Oregon, and that such election shall be
conducted by mail pursuant to Oregon law.
The following shall be the ballot title of the measure to be submitted to the city's voters
on this date:
CAPTION:
QUESTION:
SUMMARY:
Adopts Revised Ashland Charter
Shall Ashland adopt charter revising language and removing
sections that have been superseded by state law?
The proposed charter updates provisions to be consistent with the
Oregon Constitution, laws and court decisions. It eliminates tax levy
references within the charter, such as levy authority for the Parks
Department and the City Band, that have become obsolete due to
voter initiated changes in Article XI, Section 11 of the Oregon
Constitution. The proposed charter also removes provisions
1.)defining the boundaries of the City; 2.)governing election
procedures; 3.)relating to property tax levy procedures; and
4.)relating to bidding public projects, as these provisions are all
governed by state law. In addition, the proposed charter eliminates
specific dollar amounts, such as salaries for the City Recorder,
Municipal Judge, Mayor, and Council. The proposed ct)arter retains
provisions specific to Ashland, including current language
guaranteeing public ownership of the water rights and water
system, provisions that guarantee separate police and fire
departments, and the amendment adopted in November 2006 that
requires voter approval of a real estate transfer tax.
The following authorized city official hereby certifies the above ballot title is true and
compl , which includes completion of the ballot title challenge process.
~
Signature of authorized city official Date signed
~~t'MS~
Printed name of authorized city official
T~'7'~
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET
NAME OF PERSON RESPONSIBLE FOR CONTENT: Mike Franell, Ashland City Attorney
NAME OF ORGANIZATION PERSON REPRESENTS, IF ANY: City of Ashland
BALLOT TITLE CAPTION: Adopts Revised Ashland Charter
MEASURE NUMBER:
This measure revises the Ashland City Charter. In 2004 the Mayor and council established the Charter Review
Committee. The committee was directed to conduct an independent assessment of the existing charter, last reviewed in
1978, and, if necessary to draft a new or amended document suitable to "serve the community well into the future".
This revised city charter is based on the Oregon Model Charter, which was developed by the League of Oregon Cities.
The model charter clearly identifies the authority and accountability of the City and reflects current state law. Under this
revised charter, the city retains legislative home rule constitutional power as in the existing charter.
The revised City Charter retains the portions of the current charter that preserve the specific history ahd character of
Ashland. For example, the charter that would be adopted by this measure continues the independent election of a Parks
and Recreation Commission, City Recorder and Municipal Judge. The charter preserves the City Band, retains language
requiring public ownership of city water, maintains separate fire and police departments, and includes the hospital,
cemeteries and the airport. The revised charter also includes the measure passed by voters in November 2006 requiring
a vote of the people before a property transfer tax can be imposed.
This measure does not change the form of government. The Charter Review Committee recommended that the City
change from a Mayor/Council form of government to a Council/City Manager form. The change in the form of
government is presented as a separate ballot measure.
This measure eliminates funding requirements from the charter. The current charter mandates certain funding levels of
the city band and for parks and recreation. The current charter also contains a formula that sets the salaries for the
elected judge and recorder. In addition, it removes reference to the Mayor salary of $500 per year and the council salary
of $350 per year.
If this measure passes, the spending and salary levels will become a part of the City's annual budget process.
The revised charter also eliminates language that is in conflict with the Oregon Constitution, law, or court rulings. For
example, it eliminates tax levy references within the charter, such as levy authority for the Parks Department and the City
Band, that have become obsolete due to voter initiated changes in Article XI, Section 11 of the Oregon Constitution. In
another case, the revised charter no longer contains a reference to the City's boundaries because those are now set
according to state law.
The last major change is that the revised Charter contains a new provision that requires the City to appoint a committee
to formally review the Charter every ten years.
WORD COUNT TOTAL:
THE TOTAL WORD COUNT CANNOT EXCEED 500 WORDS.
SIGNA TUR
J- J-J-07
DATE