Article 3 Council
3.1. Council Composition and Powers.
The council is comprised of a mayor and six councilors nominated and elected from the city at large.
(a) A majority of the entire council must appoint, manage and remove the city manager. The council may appoint a city manager for a definite or an indefinite term. The council must fill the office of city manager by appointment as soon as practicable after a vacancy occurs.
(b) The council must conduct an annual review of the performance of the city manager.
(c) The council’s appointment or removal of the city manager must be made without regard to political considerations and solely on the basis of matters relating to or arising out of the city manager’s demonstrated skill, knowledge, experience, performance, and conduct in local government management.
(d) When the city manager is temporarily disabled from acting as city manager or when the office of the city manager becomes vacant, the council must appoint a city manager pro tempore. The city manager pro tempore has the authority and duties of city manager, except that a pro tempore city manager may appoint or remove direct reports to the city manager only with council approval.
(e) A majority of the entire council must appoint, manage and remove the city attorney.
(f) A majority of the entire council must appoint, manage and remove a municipal judge and designate one municipal judge to serve as the court’s presiding judge.
(g) A majority of the entire council must appoint, manage and remove the city auditor.
(h) A minimum of five affirmative votes is required to censure or discipline a council member.
(i) A minimum number of five affirmative votes is required to remove a council member pursuant to 3.10.
(j) A majority of the entire council may appoint, manage and remove council support staff.
(k) The council must determine the compensation of the mayor and councilors, but no change in compensation is effective for the mayor or councilors in office when the decision is made. The changes in compensation take effect at the start of the term following the end of the term of each council member in office when the determination was made.
3.2. Council President.
At its first meeting each calendar year, the council must elect a councilor to serve as the council president. The president presides in the absence of the mayor and acts as mayor when the mayor is unable or unavailable to perform duties.
3.3. Mayor.
Except as otherwise provided in this charter, the mayor is the full-time official head of the city for political, ceremonial, emergency management, and military purposes. The mayor is a voting council member and has no veto authority.
(a) In exercising the powers of the mayor, the mayor must:
(1) Attend all meetings of the council, except when circumstances necessitate otherwise.
(2) Preside over and facilitate council meetings, preserve order, enforce council rules, and determine the order of business under council rules.
(3) Sign the authorized writings and records of council decisions.
(4) Work with the city manager and councilors to develop and implement short and long-term goals for the city.
(5) Work with the city manager and councilors to define roles and responsibilities of individual councilors on intergovernmental issues.
(6) Annually report to the community, and as needed to council, as to the affairs and needs of the city and such legislation, policies, or measures the mayor deems necessary or desirable.
(7) With the consent of the council, appoint and remove members of boards, commissions, and committees established by ordinance or resolution. An appointment or removal made by the mayor to any board, commission, or committee does not take effect unless the council confirms the appointment or removal or the council fails to act upon an appointment or removal within 15 calendar days after the council’s notice of the mayor’s action.
(b) In exercising the powers of the mayor, the mayor may:
(1) Engage in other employment, business, or activities unless the council determines that the outside employment, business, or activities interfere with the mayor’s performance or ability to meet the needs of the city, in which instance the mayor must terminate or curtail the outside employment, business, or activities.
(2) Appoint, manage and remove support staff.
(3) Have other lawful powers and duties that are conferred or imposed by ordinance or resolution of the city.
(c) Except for support staff of the mayor or council, the mayor must not direct or order any employee or official of the city, including the city manager.
3.4. No Interference.
No council member may directly or indirectly attempt to coerce the city manager or a candidate for the office of city manager in executing the city manager’s powers and duties. In council meetings, council members may discuss or suggest anything with the city manager relating to city business.
3.5. Rules and Meetings.
The council must determine its own rules and order of business. The council must meet at least once a month at a time and place designated by its rules, and it may meet at other times in accordance with its rules and Oregon law.
3.6. Quorum.
A majority of the council members is a quorum to conduct business, but a smaller number may meet and compel attendance of the absent council members in a manner provided by law. In the event of a vacancy due to death, resignation, or loss of contact during a state or federal state of emergency within the city, the quorum is reduced accordingly. Every council member who is present must be counted for the purpose of constituting a quorum, even if the council member does not vote on one or more issues.
3.7. Record.
A record of council meetings must be kept in a manner prescribed by the council rules and Oregon law.
3.8. Voting.
Except as otherwise provided in this charter, the express approval of a majority of the council members present and voting is necessary for any council decision.
3.9. Representing the City.
When taking a position on a city issue outside of a council meeting, a council member must express the majority position of the city council, but may also express the individual’s personal opinion on the issue.
3.10. Removal from Office.
In addition to censure and discipline, the council may remove a council member, after notice and an opportunity to be heard, if a minimum of five members of the council determines that the council member:
(a) Is convicted of a crime punishable by a term of imprisonment;
(b) Has violated any applicable rule of governmental ethics;
(c) Fails to participate in at least one council meeting within a 60-day period without notifying the council;
(d) Fails to qualify for the office within 30 days of the scheduled date of assuming office;
(e) Coerces the city manager in violation of Section 3.4.