Chapter III
FORM OF GOVERNMENT

3.01 Composition of City Government.

The City’s government shall be the Council Manager form.

3.02 Governing Body.

There shall be six Councilors and a Mayor, all of whom shall be elected by the voters of the City at large, on a nonpartisan basis, and together which shall constitute the City Council. The City Council shall be the governing body of the City.

3.03 General Powers and Duties.

All powers of the City shall be invested in the City Councilors, Mayor, and City Manager, as hereinafter provided, and the City Councilors, Mayor, and City Manager, shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.

3.04 Term of Office Continued.

The term of office of each elected official in office or duly elected thereto when this Charter is adopted shall continue to the end of the term for which the elected official has been elected.

3.05 Officers.

Officers of the City shall be a City Manager, a Municipal Judge, a Recorder, a City Attorney, and such other officers as the Council deems necessary. The City Manager, Municipal Judge, and City Attorney shall be appointed by the Council and may be removed by the vote of not less than four Councilors. The City Recorder shall be appointed and supervised by the City Manager.

3.06 Municipal Judge.

The Municipal Judge shall be the judicial officer of the City. The Judge shall hold within the City a court known as the Municipal Court for the City of Monmouth, Oregon. The court shall be open for the transaction of judicial business at times specified by the City Manager. All areas within the City and all real property owned by the City outside the City shall be within the territorial jurisdiction of the Court. The Municipal Judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinance of the City, of law actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinance of the City, and concurrent jurisdiction with state courts when authorized by state law. The Municipal Judge shall have authority to issue warrants for the arrest of any person accused of an offense over which the Municipal Court has jurisdiction, to commit any such person to jail or to release such person, with or without bail, pending trial, to appoint a release officer to make decisions on whether to release prisoners and under what conditions, provided any compensation to be paid to a release officer must be first approved by the City Manager, to compel obedience to such subpoenas, to issue process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt of court. When not governed by or inconsistent with ordinances or this Charter, all proceedings in the Municipal Court shall be governed by the applicable general laws of the state governing justices of the peace, justice courts, and criminal procedure for misdemeanors.

3.07 Recorder.

The Recorder shall serve ex officio as Clerk of the Council, shall keep an accurate record of its proceedings in a book provided for that purpose, including the ayes and nays on each ordinance and resolution and the number of votes in favor of and opposed to each motion voted upon by the Council, shall keep the originals of all adopted ordinances and resolutions in a properly indexed book, give notice of Council meetings to its members and the public. In the Recorder’s absence from a Council meeting, the City Manager shall appoint a Clerk of the Council Pro-Tem who, while acting in that capacity, shall have all the authority and duties of the Recorder.

3.08 City Attorney.

There shall be a legal officer of the City appointed by the Council and supervised by the City Manager. The legal officer shall serve as chief legal advisor to and representative of the City and shall perform such duties as prescribed by state law, this Charter, ordinance, or by the Council or City Manager.