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Article 4 Powers and Duties of City Officers

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The office of city manager is established as the administrative head of the city government. The city manager is responsible to the council for the proper administration of all city business.

(a) The city manager has no authority over:

(1) The mayor,

(2) The councilors,

(3) The support staff of the mayor or council,

(4) The city attorney,

(5) The auditor,

(6) The municipal judges,

(7) The judicial functions of the municipal judges, or

(8) The legal services functions of the city attorneys.

(b) The city manager must:

(1) Provide high quality professional management and leadership to city government.

(2) Assist the council in the development of city policies and carry out policies established by ordinances, resolutions, and orders.

(3) Attend all council meetings unless excused by the mayor.

(4) Make reports and recommendations to the council about the needs of the city.

(5) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts, permits, codes, and other city decisions.

(6) Determine the personnel rules and practices of the city and appoint, manage, and remove all city employees over which the city manager has authority.

(7) Organize departments and administrative structure over which the city manager has authority.

(8) Propose and administer the city budget.

(9) Administer city utilities and property.

(10) Consistent with council direction and in cooperation with the mayor, encourage regional and intergovernmental cooperation.

(11) Involve the council in the development and implementation of short and long-term goals for the city; the short and long-term agenda process; and the development of budget principles and priorities.

(12) Promote cooperation among the mayor, council, staff, and residents in developing city policies and building a sense of community.

(13) Perform other duties as directed by the council.

(14) Delegate duties but remain responsible for actions of all subordinates.

(15) Permit conversation between council members and city staff, to include suggestions, opinions, and information, with the understanding that no individual council member shall give orders to the city manager or to any city staff member.

(16) Express the majority position of the city council when taking a position on a city issue, but may at the same time, express the city manager’s personal opinion on the issue.

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The office of city attorney is established and remains and continues as the chief legal officer of the city government. The city attorney appoints, manages, and may remove any employees who work in and for the city attorney’s office. The city attorney must be a member in good standing of the bar of the state of Oregon.

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The Municipal Court of the City of Beaverton, Washington County, Oregon, is established and remains and continues to operate as a municipal court.

(a) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court. The municipal court has subject matter jurisdiction over every offense created by city ordinance and to the fullest extent allowed by law over all misdemeanors and violations defined and made punishable under state law, unless limited by city ordinance.

(b) All municipal judges must be members in good standing of the bar of the state of Oregon. The presiding judge exercises general supervision over the judicial functions of the municipal court and its judges and has authority over the dockets and assignment of cases. The council may assign other duties to the presiding judge.

(c) A municipal judge may render judgments and impose sanctions on persons and property; order the arrest of anyone accused of an offense against the city; commit to jail or admit to bail anyone accused of a city offense; issue and compel obedience to subpoenas; compel witnesses to appear and testify and jurors to serve for trials before the court; penalize contempt of court; issue processes necessary to enforce judgments and orders of the court; issue search warrants; and perform other judicial and quasi-judicial functions as allowed by law.

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The city council must provide for an independent, annual financial audit of all city accounts and may provide for more frequent audits and such other audits and studies as the council deems appropriate. The auditor or firm conducting a financial audit must be duly licensed to practice as an auditor under state law.

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The council must authorize the compensation of city officers and employees pursuant to the city budget process.