CITY OF ELGIN, OREGON RESOLUTION 17 (2024)

A RESOLUTION OF THE CITY COUNCIL OF ELGIN, UNION COUNTY, AMENDING CITY OF ELGIN CHARTER

CAPTION: AMENDMENT OF CITY OF ELGIN CHARTER (Exhibit 1).

QUESTION:Shall Elgin voters amend the existing Charter to adopt the League of Oregon Cities Model Charter with some modifications?

SUMMARY: This measure amends the City Charter to adopt the League of Oregon Cities Model Charter with the following amendments:

1. Term for Mayor will remain two years.

2. City Administrator will remain an elected position.

3. Any vacancy in the City Administrator position will be filled by appointment by the City council for the remainder of the existing vacant term.

Exhibit 1

2024 City of Elgin Charter

PREAMBLE

We, the voters of Elgin, Oregon exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state and enact this Home Rule Charter.

Section I: NAMES AND BOUNDARIES

Section 1.1. Titles. This charter may be referred to as the 2024 City of Elgin Charter.

Section 1.2. Names. The City of Elgin, Oregon, continues as a municipal corporation with the name City of Elgin.

Section 1.3. Boundaries. The city includes all territory within its boundaries as they now exist or are legally modified.  The city will maintain as a public record an accurate and current description of the boundaries. 

Section II: POWERS 

Section 2.1. Powers. The city has all powers that the constitutions, statutes, and common law of the United States and Oregon expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers.

Section 2.2. Construction. The charter will be liberally construed so that the city may exercise fully all powers possible under this charter and under United States and Oregon law. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. This Charter’s interpretation shall be examined in its entirety. 

Section 2.3. Distribution. The Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters.  This charter vests all other city powers in the Council except 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. 

Section III: ELECTED OFFICIALS

Section 3.1. General Powers and Duties.  All powers of the city shall be vested in the City Council, except as otherwise provided by law or this charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

Section 3.2. Council. The Council consists of a Mayor and six Councilors nominated and elected from the city at large.  

Section 3.3. Mayor. The Mayor presides over and facilitates Council meetings, preserves order, enforces Council rules, and determines the order of business under Council rules.  The Mayor is a voting member of the Council and has no veto authority.

1. 1. With the consent of the Council, the Mayor appoints members of commissions and committees established by ordinance or resolution. 

   2. The Mayor must sign all records of Council decisions.

   3. The Mayor serves as the political head of the city government but shall have no administrative duties.

Section 3.4. Council President. At its first meeting each year, the Council must elect a President from its membership. The President presides in the absence of the Mayor and acts as Mayor when the Mayor is unable to perform duties. 

Section 3.5. Rules. The Council must by resolution adopt rules to govern its meetings. 

Section 3.6. Meetings. The Council must meet at least once a month at a time and place designated by its rules and may meet at other times in accordance with the rules and laws of the state of Oregon. 

Section 3.7. Quorum. Except as specifically addressed here and in Section 7.9, a majority of the Council members is a quorum to conduct business. In the event of an absence, a smaller number may meet and compel attendance of absent members as prescribed by Council rules.24  In the event of a vacancy due to resignation or other events, the quorum is reduced accordingly solely for the purpose to make necessary appointment(s) to reach the required quorum as outlined in Section 7.9.

Section 3.8. Vote Required. The express26 approval of a majority of a quorum of the Council is necessary for any Council decision,27 except when this charter requires approval by a majority of the Council.28 The voting requirement to fill Council member vacancies, if there is less than a majority of Council member remaining, is separate from the quorum requirement required to conduct all remaining city business unless otherwise stated.  

Section 3.9. Record. A record of Council meetings must be kept in a manner prescribed by the Council rules and the laws of the state of Oregon.

Section 3.10. City Administrator. At every other biennial general election beginning in 2011 a City Administrator shall be elected for a term of four (4) years. The Administrator shall serve as Clerk of the Council, attend all its meetings unless excused therefrom by the Council, keep an accurate record of its proceedings and sign all orders on the treasury. The Administrator shall exercise administrative authority for conducting the day to day functions of the City under the general direction of the City Council. The City Administrator shall carry out other duties as assigned by the City Council. The City Administrator must: 

1. 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. 

The Administrator has no authority over the Council or over the judicial functions of the municipal judge. The Administrator and other employees designated by the Council may sit at Council meetings but have no vote.  The Administrator may take part in all Council discussions. No Council member may directly or indirectly attempt to coerce the Administrator or Administrator Pro-Tem, or a candidate for the office of Administrator or Administrator Pro-Tem 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 Administrator relating to city business. The Council may remove the Administrator for any cause prescribed by the Council’s personnel handbook.

Section 3.11. City Administrator Pro Tem. When the Administrator is disabled from acting as Administrator, is out of the city, or when the office becomes vacant, the Council shall appoint an Administrator Pro Tem who shall possess the powers and duties of the Administrator, and must be a resident of Union County. The Administrator Pro Tem may not appoint or remove any employee except with the approval of three-fourths of the incumbent members of the Council. The Administrator Pro Tem shall hold the position for a period prescribed by the City Council not to exceed the remainder of the incumbent Administrator’s term. The Council may remove the Administrator Pro Tem for any cause prescribed by the Council’s personnel handbook.

Section IV: LEGISLATIVE AUTHORITY

Section 4.1. Ordinances. The Council will exercise its legislative authority by adopting ordinances.  The enacting clause for all ordinances must state “The City of Elgin ordains as follows:” 

Section 4.2. Ordinance Adoption.

1. 1. Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of the Council at two meetings.

   2. The Council may adopt an ordinance at a single meeting by the unanimous approval of at least a quorum of the Council, provided the proposed ordinance is available in writing to the public at least one week before the meeting. 

   3. Any substantive amendment to a proposed ordinance must be read aloud or made available in writing to the public before the Council adopts the ordinance at that meeting. 

   4. After the adoption of an ordinance, the vote of each member must be entered into the Council minutes. 

   5. After adoption of an ordinance, the city custodian of records must endorse it with the date of adoption and the custodian’s name and title. 

Section 4.3. Effective Date of Ordinances. Ordinances normally take effect thirty days after adoption or on a later day provided in the ordinance. An ordinance may take effect as soon as adopted or other date less than thirty days after adoption if it contains an emergency clause.

Section V: ADMINISTRATIVE AUTHORITY

Section 5.1. Resolutions. The Council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions may state “The City of Elgin resolves as follows:”

Section 5.2. Resolution Approval. 

1. 1. Approval of a resolution or any other Council administrative decision requires approval by the Council at one meeting.

   2. Any substantive amendment to a resolution must be read aloud or made available in writing to the public before the Council adopts the resolution at that meeting.

   3. After approval of a resolution or other administrative decision, the vote of each member must be entered into the Council minutes.

   4. After approval of a resolution, the city custodian of records must endorse it with the date of approval and the custodian’s name and title. 

Section 5.3. Effective Date of Resolutions. Resolutions and other administrative decisions take effect on the date of approval or on a later day provided in the resolution.

Section VI: QUASI-JUDICIAL AUTHORITY

Section 6.1. Orders. The Council will normally exercise its quasi-judicial authority by approving orders.  The approving clause for orders may state “The City of Elgin orders as follows:” 

Section 6.2. Order Approval.

a. Approval of an order or any other Council quasi-judicial decision requires approval by the Council at one meeting.

b. Any substantive amendment to an order must be read aloud or made available in writing to the public at the meeting before the Council adopts the order.

c. After approval of an order or other Council quasi-judicial decision, the vote of each member must be entered in the Council minutes.

d. After approval of an order, the city custodian of records must endorse it with the date of approval and the custodian’s name and title.  

Section 6.3. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order. 

Section VII: ELECTIONS

Section 7.1. Councilors. The term of a Councilor in office when this charter is adopted is the term for which the Councilor was elected.40  At each general election after the adoption, three Councilors will be elected41 for four-year terms.

Section 7.2. Mayor. 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 every other general election after the adoption, a Mayor will be elected for a four-year term.

Section 7.3. 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 7.4. Qualifications. 

1. 1. 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.

   2. No person may be a candidate at a single election for more than one city office.  

   3. Neither the Mayor nor a Councilor may be employed by the city.

   4. The Council is the final judge of the election and qualifications of its members.

Section 7.5. Nominations. The Council must adopt an ordinance prescribing the manner for a person to be nominated to run for Mayor or a city Councilor position.

Section 7.6. Terms. 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.

Section 7.7. Oath. 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. 

Section 7.8. Vacancies. The Mayor or a Council office becomes vacant: 

1. Upon the incumbent’s: 

a. Death; 

b. Adjudicated incompetence; or 

c. Recall from the office

2. Upon declaration by the Council after the incumbent’s: 

a. Failure to qualify for the office within 10 days of the time the term of office is to begin; 

b. Absence from the city for 30 days without Council consent, or from all Council meetings within a 60-day period; 

c. Ceasing to reside in the city;

d. Ceasing to be a qualified elector under state law;

e. Conviction of a misdemeanor or felony crime; 

f. Resignation from the office; or 

g. Removal under Section 3.10. 

Section 7.9.  Filling Vacancies. A Mayor or Councilor vacancy shall be filled by appointment by a majority of the remaining Council members. Notwithstanding the quorum requirement set forth in Section 3.7, if at any time Council membership is reduced to less than three, the remaining members may, by majority action, appoint additional members to raise the membership to four. As little as a single Council member may constitute a majority for purposes of filling vacant Council seat(s), if all other Council seats are vacant. 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 absent from the city, a majority of the Council may appoint a Councilor pro tem.

Section VIII: APPOINTIVE OFFICERS 

Section 8.1.  City Attorney.  The office of city attorney is established as the chief legal officer of the city government.  A majority of the Council must appoint and may remove the attorney.  The attorney may appoint, supervise, and may remove any employees who work in and for the city attorney’s office.64  

Section 8.2.  Municipal Court and Judge. 

1. A majority of the Council may appoint and remove a municipal judge.  A municipal judge will hold court in the city at such place as the Council directs.  The court will be known as the Municipal Court. 

2. All proceedings of this court will conform to state laws governing justices of the peace and justice courts. 

3. All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court. 

4. 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.

5. The municipal judge may: 

a. Render judgments and impose sanctions on persons and property; 

b. Order the arrest of anyone accused of an offense against the city; 

c. Commit to jail or admit to bail anyone accused of a city offense; 

d. Issue and compel obedience to subpoenas; 

e. Compel witnesses to appear and testify and jurors to serve for trials before the court;  

f. Penalize contempt of court; 

g. Issue processes necessary to enforce judgments and orders of the court; 

h. Issue search warrants; and 

i. Perform other judicial and quasi-judicial functions assigned by ordinance. 

6. The Council may appoint and may remove municipal judges pro tem. 

7. The Council may transfer some or all of the functions of the municipal court to an appropriate state court.

Section IX: PERSONNEL 

Section 9.1. Compensation. The Council must authorize the compensation of city officers and employees as part of its approval of the annual city budget.

Section 9.2. 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.

Section X: PUBLIC IMPROVEMENTS

Section 10.1. Procedure. The Council may by ordinance provide 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 10.2. 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. 

Section XI: MISCELLANEOUS PROVISIONS

Section 11.1. Debt. City indebtedness may not exceed debt limits imposed by state law.  A charter amendment is not required to authorize city indebtedness. 

Section 11.2. Ordinance Continuation. All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed. 

Section 11.3.  Repeal. All charter provisions adopted before this charter takes effect are repealed.

Section 11.4. 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 11.5. Time of Effect. This charter takes effect January 1, 2025.

PASSED AND ADOPTED this 9th day of July 2024.