The mayor, with the consent of the council, shall appoint the various committees provided for under the rules of the council or otherwise and fill all vacancies in committees of the council from that body. The mayor shall sign all ordinances and written resolutions and orders approved by the council and shall have no veto power. The mayor shall sign all instruments and writings authorized by this charter, the laws of the state, or the council.
(a)
Qualifications. The city manager shall be the administrative head of the government of the city. The city manager shall be chosen by the council without regard to political considerations and solely with reference to executive and administrative qualifications. The city manager need not be a resident of the city or of the state at the time of appointment, but shall take up legal residency in the city of Milwaukie within six months of the date of hire, or within such time as is agreeable to the council. Before taking office, the city manager shall be bondable in such amount with such surety as may be approved by the council. The premiums on such bond shall be paid by the city.
(b)
Term. The manager shall be appointed for an indefinite term but may be removed at the pleasure of the council. Upon any vacancy or prospective vacancy occurring in the office of manager the council shall at its next meeting adopt a resolution of its intention to appoint another manager. The council shall appoint a manager within reasonable time after the adoption of the resolution of intention to fill the vacancy.
(c)
Powers and duties. The city manager:
(1)
shall devote the entire work time to the discharge of official duties and shall attend all meetings of the Council, unless excused therefrom by three councilors or by the mayor, and keep the council advised at all times of the affairs and needs of the city and shall make annual reports, or more frequent if requested by the council, of all the affairs and departments thereof;
(2)
shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits, and privileges granted by the city are fully observed;
(3)
shall appoint all city officers and employees and remove them, except as otherwise provided by this charter, and have general supervision and control over them and their work with power to transfer an employee from one department to another and shall exercise supervision and control over the departments to the end of obtaining the utmost efficiency in each of said departments, provided that the city manager shall have no control over the council or the municipal judge regarding judicial functions, and shall be subject to and abide by all of the sections of this charter and the duly enacted ordinances and rules enacted thereunder;
(4)
shall act as purchasing agent for all departments of the city, all purchases to be made by requisition signed by the manager;
(5)
shall be responsible for the preparation and submission to the budget committee of the general budget estimate and such reports as may be required by that body;
(6)
shall have control, subject to such ordinances as may from time to time be adopted, of all public utilities owned and operated by the city, and shall have general supervision over all city property; and
(7)
shall perform such other duties as may be required by this charter or as the council may require of the city manager within the provisions of this charter.
(d)
Seats at council meetings. The manager and such other officers as may be designated by vote of the council shall be entitled to seats with the council, but shall have no vote therein. The manager shall have the right to take part in the discussion of all matters coming before the council.
(e)
Manager pro tem. During the absence of the manager from the city, during a temporary disability to act as manager, or during the interim when the council is seeking a manager, the council may appoint a manager pro tem who shall possess the powers and discharge the duties of the manager during such absence or disability only. A manager pro tem may be appointed initially for a term of up to six months; at the end of which period such pro tem manager may be reappointed for an additional period of up to three months, but may not be reappointed as pro tem after that time.
(f)
Interference in administration. No member of the council shall directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the manager in the making of any appointment or removal of any officer or employee or in the purchase of supplies; or attempt to extract any promise relative to any appointment from any candidate for manager; or discuss directly or indirectly with him the matter of specific appointments to any city office or employment. Nothing in this section shall be construed, however, as prohibiting the council from fully and freely discussing with or suggesting to the manager anything pertaining to city affairs or the best interests of the city.
(g)
Ineligible persons. No person related to the manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the city, excepting an office or employment in the career service.
(a)
The municipal judge shall be the judicial officer of the city. The municipal judge shall be appointed by and hold office during the pleasure of the council. The municipal judge shall be a member in good standing of the Oregon State Bar during the entire term of office. Disbarment shall be a basis for removal from office. The municipal court judge shall hold a court within the city which shall be known as the municipal court for the city of Milwaukie, Clackamas County, Oregon. The court shall be open for transaction of judicial business for such days and hours as the council may establish.
(b)
Except as this charter or city ordinance prescribes to the contrary, procedures of the court shall conform to the general laws of this state governing justice of the peace and justice courts.
(c)
All area within the city and, to the extent provided by state law, area outside the city is within the territorial jurisdiction of the court.
(d)
The municipal court has original jurisdiction of all offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by any ordinance of the city. The municipal judge may:
(1)
render judgments and, for enforcing them, impose sanctions on persons and property within the court's territorial jurisdiction;
(2)
order the arrest of anyone accused of an offense against the city;
(3)
commit to jail or admit to bail anyone accused of such an offense;
(4)
issue and compel obedience to subpoenas;
(5)
compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;
(6)
penalize contempt of court;
(7)
issue process necessary to effectuate judgments and orders of the court;
(8)
issue search warrants; and
(9)
perform other judicial and quasi-judicial functions prescribed by ordinance.
(e)
A municipal judge may appoint municipal judges protem which judges shall serve at the pleasure of the council.
(f)
Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state court.
The council shall fix the powers and duties of all appointive officers other than those provided for in this chapter.