1992 CITY OF GARIBALDI, OREGON CHARTER

PREAMBLE

We, the people of Garibaldi, Oregon, in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible under the Constitutions and laws of the United States and the State of Oregon, through this charter confer upon the city the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure, and repeal all previous charter provisions of the city.

Chapter I
NAMES AND BOUNDARIES

Section 1. Title of Charter. This Charter may be referred to as the 1992 City of Garibaldi Charter.

Section 2. Name of City. The City of Garibaldi, Oregon, continues under this charter to be a municipal corporation with the name City of Garibaldi.

Section 3. Boundaries. The city includes all territory within its boundaries as they now exist or hereafter are modified pursuant to state law. The custodian of the city's records shall keep an accurate, current description of the boundaries and make a copy of it available for public inspection in the city during regular city office hours.

Chapter II
POWERS

Section 4. Powers of the City. The city has all powers that the Constitution, statutes, and common law of the United States and this state now or hereafter expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers.

Section 5. Construction of Powers. In this charter, no specification of a power is exclusive or restricts authority that the city would have if the power were not specified. The charter shall be liberally construed that the city may exercise fully all its powers possible under this charter and under United States and Oregon law. All powers are continuing unless a specific grant of power clearly indicates the contrary.

Section 6. Distribution of Powers. Except as this charter prescribes otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the council.

Chapter III
FORM OF GOVERNMENT

Section 7. Council. The council consists of a mayor and four councilors nominated and elected from the city at large or, in case of one or more vacancies in the council, the council members whose offices are not vacant.

Section 8. Councilors. The term of office of a councilor in office when this charter is adopted is the term of office for which the councilor has been elected before adoption of the charter (or is elected at the time of the adoption). At each general election after the adoption, two councilors shall be elected, each for a four-year term.

Section 9. Mayor. The term of office of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after that time. At each subsequent general election, a mayor shall be elected for a two-year term.

Section 10. Terms of Office. The term of office of an elective officer who is elected at a general election begins at the first council meeting of the year immediately after the election and continues until the successor to the office assumes the office.

Section 11. Appointive Offices. A majority of the council may:

[1] Create, abolish, and combine appointive city offices,

[2] Except as the majority prescribes otherwise, fill such offices by appointment and vacate them by removal, and/or

[3] By ordinance, affirm the rights of any city personnel to participate in political activities, and may limit those activities to the extent necessary for orderly and effective operation of the city government.

Chapter IV
COUNCIL

Section 12. Rules. The council shall, by ordinance, prescribe rules to govern its meetings and proceedings.

Section 13. Meetings. The council shall meet in the city regularly at least once a month at a time and place designated by council's rules, and may meet at other times in accordance with the rules.

Section 14. Quorum. A majority of the council constitutes a quorum for its business.

Section 15. Record of Proceedings. An accurate and comprehensive record of council proceedings shall be kept and authenticated in a book provided for that purpose.

Section 16. Mayor's Functions at Council Meetings.

[1] When present at council meetings the mayor shall:

(a) Preside over deliberations of the council,

(b) Preserve order,

(c) Enforce council rules, and

(d) Determine the order of business under the rules.

[2] The mayor is a voting member of the council.

Section 17. Council President and Vice President.

[1] At its first meeting after this charter takes effect and at its first meeting of each year, the council shall appoint a president and vice president from its councilors.

[2] Except in voting on questions before the council the president shall function as mayor when the mayor is:

(a) Absent from a council meeting, or

(b) Unable to function as mayor.

[3] The vice president shall function as mayor when the mayor and council president are:

(a) Absent from a council meeting, or

(b) Unable to function as mayor.

Section 18. Vote Required. Except as otherwise provided in this charter, the express concurrence of majority of the council members present and constituting a quorum is necessary to decide affirmatively a question before the council.

Section 19. Vacancies – Occurrence. The office of a member of the council becomes vacant:

[1] Upon the incumbent's:

(a) Death,

(b) Adjudicated incompetence, or

(c) Recall from the office; or

[2] Upon declaration by the council of the vacancy in case of the incumbent's:

(a) Failure, following election or appointment to the office, to qualify for the office within 10 days after the time for his or her term of office to begin,

(b) Absence from the city for 30 days without the council's consent or from all meetings of the council within 60 days,

(c) Ceasing to reside in the city,

(d) Ceasing to be a qualified elector under state law,

(e) Conviction of a felony punishable by loss of liberty,

(f) Resignation from the office.

Section 20. Vacancies – Filling. The office of a member of the council becomes vacant:

[1] A vacancy in the council shall be filled by appointment by a majority of the council. The appointee's term of office runs from the time of his or her qualifying for the office after the appointment and until expiration of the term of the predecessor who has left the office vacant.

[2] During a council member's disability to serve on the council or during a member's absence from the city, a majority of the other council members may, by appointment, fill the vacancy pro tem.

Chapter V
POWERS AND DUTIES OF OFFICERS

Section 21. Mayor. The mayor shall:

[1] Appoint the committees and department commissioners provided under the rules of the council,

[2] Sign all approved records and proceedings of the council,

[3] Sign all ordinances passed by the council,

[4] Have no veto power, and

[5] Upon approval of the council, endorse all bonds of officers of the city and for licenses, contracts and proposals.

Section 22. Municipal Court and Judge.

[1] If the council creates the office of municipal judge and fills it by appointment, the appointee shall hold, within the city at a place and time that the council specifies, a court known as the Municipal Court for the City of Garibaldi, Tillamook County, Oregon.

[2] Except as this charter or city ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of this state governing justices of the peace and justice courts.

[3] 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.

[4] The municipal court has original jurisdiction over every offense that an ordinance of the city makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe.

[5] The municipal judge may:

(a) Render judgments and, for enforcing them, impose sanctions on persons and property within the court's territorial jurisdiction;

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

(c) Commit to jail or admit to bail anyone accused of such an offense;

(d) Issue and compel obedience to subpoenas;

(e) Compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;

(f) Penalize contempt of court;

(g) Issue process necessary to effectuate judgments and orders of the court;

(h) Issue search warrants; and

(i) Perform other judicial and quasi-judicial functions prescribed by ordinance.

[6] The council may authorize the municipal judge to appoint municipal judges pro tem for terms of office set by the judge or the council.

[7] Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state court.

Section 23. Recorder. The recorder shall serve as an ex officio clerk to the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings in a book provided for that purpose, and sign all orders on the treasury. Upon the recorder's absence from a council meeting, the council shall appoint a clerk of the council pro tem, who, while acting in the capacity, shall have all the authority and duties of the recorder.

Section 24. City Manager.

[1] 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 will carry out policies established by ordinances and resolutions.

[2] A majority of the council shall appoint and may remove the Manager. The appointment shall be made without regard to political considerations and solely on the basis of education and experience in competencies and practices of local government management.

[3] The Manager need not reside in the city.

[4] 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 shall fill the office by appointment as soon as practicable after the vacancy occurs.

[5] The Manager shall:

(a) Attend all council meetings unless excused by the mayor or council;

(b) Make reports and recommendations to the mayor and council about the needs of the city;

(c) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, and other city decisions;

(d) Appoint, supervise and remove city employees;

(e) Organize city departments and administrative structure;

(f) Prepare and administer the annual city budget;

(g) Administer city utilities and property;

(h) Encourage and support regional and intergovernmental cooperation;

(i) Promote cooperation among the council, staff and citizens in developing city policies and building a sense of community;

(j) Perform other duties as directed by the council; and

(k) Delegate duties, but remain responsible for acts of all subordinates.

[6] The Manager has no authority over the council, the city attorney, or the judicial functions of the municipal judge.

[7] 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.

[8] When the Manager is temporarily unable to act as Manager or when the office of Manager becomes vacant, the council shall 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.

[9] No council member shall directly or indirectly attempt to coerce the Manager or a candidate for the office of Manager in the supervision, appointment or removal of any city employee, or in administrative decisions regarding city property or contracts. Violation of this prohibition is grounds for removal of a council member 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. (Added at November 2, 2010, election)

Chapter VI
ELECTED OFFICERS

Section 25. Qualifications.

[1] An elective city officer shall be a qualified elector under the state constitution and shall have resided in the city during the 12 months immediately before filing a petition for elective office, or appointed to the office by the council. In this subsection, “city” means area inside the city limits at the time of the election or appointment.

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

[3] An elective officer may be employed in a city position that is substantially volunteer in nature. Whether the position is so may be decided by the municipal court, or in some other manner, whichever the council prescribes.

[4] Except as subsection 3 of this section provides to the contrary, the council is the final judge of the election and qualifications of its members.

[5] The qualifications of appointive officers of the city are whatever the council prescribes or authorizes.

Section 26. Compensation. No council member shall receive compensation for holding an elected office. Council members may be reimbursed for expenses that they incur in serving the city.

Section 27. Oath. Before assuming city office, an officer shall take an oath or shall affirm that he or she will faithfully perform the duties of the office and support the Constitution and laws of the United States and of the State of Oregon.

Chapter VII
ELECTIONS

Section 28. State Law. Except as this charter or a city ordinance prescribes to the contrary, a city election shall conform to state law applicable to the election.

Section 29. Nominations. A person may be nominated in a manner prescribed by general ordinance to run for an elective office of the city.

Chapter VIII
ORDINANCES

Section 30. Ordaining Clause. The ordaining clause of an ordinance shall be “The City of Garibaldi ordains as follows:”

Section 31. Adoption by Council. An ordinance may be adopted by any one of the following procedures:

[1] By reading a proposed ordinance fully and distinctly in an open council meeting on two different days before adoptions;

[2] By reading a proposed ordinance fully and distinctly one time and a second time by title only at a single meeting upon the expressed unanimous vote of all council members present; or,

[3] Any reading of a proposed ordinance may be by title only if:

(a) No council member present at the reading requests that the proposed ordinance be read in full, and

(b) At least one week before the reading:

(i) A copy of the proposed ordinance is provided for each council member,

(ii) Three copies of the proposed ordinance are available for public inspection in the office of the city recorder, and

(iii) Notice of the availability of copies of the proposed ordinance is given by written notice posted at the city hall and two other public places in the city.

[4] A proposed ordinance read by title only has no legal effect if it differs substantially from its terms as it was filed prior to the reading, unless each section so differing is read fully and distinctly in open council meeting before the council adopts the ordinance.

[5] Upon the adoption of an ordinance, the ayes and nays of the council members shall be entered in the record of council proceedings.

[6] After adoption of an ordinance, the city recorder shall endorse it with its date of adoption and the endorser's name and title of office, and seal the original with the City of Garibaldi seal.

Section 32. Effective Date. A non-emergency ordinance takes effect on the thirtieth day after its adoption or on a later day the ordinance prescribes. An ordinance adopted to meet an emergency may take effect as soon as adopted.

Chapter IX
PUBLIC IMPROVEMENTS

Section 33. Procedure.

[1] 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 state law. Proposed action on a public improvement that is not declared by two-thirds of the council present to be needed at once because of an emergency shall be suspended for six months upon remonstrance by owners of land to be specially assessed for the improvement. The number of owners necessary to suspend the action shall be prescribed by general ordinance. A second such remonstrance suspends the action only with the consent of the council.

[2] In this section “owner” means the record holder of legal title or, as to land being purchased under a land sale contract that is recorded or verified in writing by the record holder of legal title, the purchaser.

Section 34. Special Assessments. The procedure for fixing, levying, and collecting special assessments against real property for public improvements or other public services shall be governed by general ordinance.

Section 35. Condemnation. Any necessity of taking property for the city by condemnation shall be determined by the council and declared by a resolution of the council describing the property and stating the uses to which it is to be devoted.

Chapter X
MISCELLANEOUS PROVISIONS

Section 36. Continuation of Ordinances. Insofar as consistent with this charter, and until amended or repealed, all ordinances in force when the charter takes effect retain the effect they have at that time.

Section 37. Repeal. All charter provisions adopted before this charter takes effect are hereby repealed.

Section 38. Severability. The terms of this charter are severable. If a part of the charter is held invalid, that invalidity does not affect another part of the charter, except as the logical relation between two parts requires.

Section 39. Time of Effect. This charter takes effect thirty days after passage by the people of Garibaldi.

Passed by vote of the people May 19, 1992.