The term of a councilor in office when this Charter is adopted is the term for which the Councilor was elected. At each general election after the adoption, two councilors will be elected for four-year (4) terms.
The term of the mayor in office when this Charter is adopted continues until the beginning of the first odd-numbered year after adoption. At each general election after the adoption, a mayor will be elected for a two-year (2) term.
City elections must conform to state law except as this Charter or ordinances provide otherwise. All elections for city offices must be nonpartisan.
(a)
The mayor and each councilor must be a qualified elector under state law, and reside within the City for at least one year immediately before election or appointment to office.
(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 the election and qualifications of its members.
The Council must adopt an ordinance prescribing the manner for a person to be nominated to run for mayor or a city councilor position.
The term of an officer elected at a general election begins at the first council meeting of the year immediately after the election, and continues until the successor qualifies and assumes the office.
The mayor and each councilor must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States and Oregon.
The mayor or a council office becomes vacant:
(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, or from all council meetings within a 60-day period,
(3)
Ceasing to reside in the City,
(4)
Ceasing to be a qualified elector under state law,
(5)
Conviction of a public offense punishable by loss of liberty, or
(6)
Resignation from the office,
A mayor or councilor vacancy will be filled by appointment by a majority of the remaining council members. The appointee's term of office runs from appointment until expiration of the term of office of the last person elected to that office. If a disability prevents a council member from attending council meetings or a member is absence from the City, a majority of the Council may appoint a councilor pro tem.
(a)
The office of city manager is established as the administrative head 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 manager. The appointment must be made without regard to political considerations and solely on the basis of education and experience in competencies and practices of local government management.
(c)
The manager need not reside in the city.
(d)
The manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the Council. The Council must fill the office by appointment as soon as practicable after the vacancy occurs.
(e)
The manager must:
(1)
Attend all council meetings unless excused by the mayor or council;
(2)
Make reports and recommendations to the mayor and council about the needs of the city;
(3)
Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits and other city decisions;
(4)
Appoint, supervise and remove city employees;
(5)
Organize city departments and administrative structure;
(6)
Prepare and administer the annual city budget;
(7)
Administer city utilities and property;
(8)
Encourage and support regional and intergovernmental cooperation;
(9)
Promote cooperation among the Council, staff and citizens in developing city policies and building a sense of community;
(10)
Perform other duties as directed by the Council; and
(11)
Delegate duties, but remain responsible for actions of all subordinates.
(f)
The manager has no authority over the Council or over the judicial functions of the municipal judge.
(g)
The manager and other employees designated by the Council may sit at council meetings but have no vote. The manager may take part in all council discussions.
(h)
When the manager is temporarily disabled from acting as manager or when the office of the manager becomes vacant, the Council must appoint a manager pro tem. The manager pro tem has the authority and duties of manager, except that a pro tem manager may appoint or remove employees only with council approval.
(i)
No council member may directly or indirectly attempt to coerce the manager or a candidate for the office of manager in the appointment or removal of any city employee, or in administrative decisions regarding city property or contracts. Violation of this prohibition is grounds for removal from office by a majority of the Council after a public hearing. In council meetings, councilors may discuss or suggest anything with the manager relating to city business.
(a)
A majority of the Council may appoint and remove a municipal judge. A municipal judge will hold court at such place as the Council directs. The court will be known as the Municipal Court.
(b)
All proceedings of this court will conform to state laws governing justices of the peace and justice courts.
(c)
All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court.
(d)
The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinances. The court also has jurisdiction under state law unless limited by city ordinance.
(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 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 serve for trials before the court;
(6)
Penalize contempt of court;
(7)
Issue processes necessary to enforce judgments and orders of the court;
(8)
Issue search warrants; and
(9)
Perform other judicial and quasi-judicial functions assigned by ordinance.
(f)
The Council may appoint and may remove municipal judges pro tem.
(g)
The Council may transfer some or all of the functions of the municipal court to an appropriate state court.