Guide - Charter Review Meeting #2 • CITY OF
1004 5V
a rd
Charter Review Committee Meeting Guide
January 23, 2023 — 5:30pm-7:30pm
Topic: Charter Structure and Broad Concepts
Discussion Questions
Charter Structure
1. Does the Committee recommend rewriting the Charter, rather than amending pieces?
2. If the Committee recommends rewriting the Charter: Based on the draft'shell' presented by the City
Attorney, what, if any, modifications would the Committee like to make?
Broad Concepts
1. Assuming gender neutrality is the direction from the Committee,what consistent neutral language
should be used? For example: he/she,they, or remove pronouns and refer to title only?
2. Does the Committee direct the City Attorney to remove the word "shall"from all Charter language?
3. When the Charter references public records and meetings should the Charter refer to state law,
rather than a specific method? For example: "A record of council meetings must be kept in a manner
prescribed by the council rules and Oregon law." Rather than "The Council shall cause a journal of its
proceedings to be kept"
If time allows: Ordinances
1. Does the Committee want to follow the 30-day enactment period set by state statue (ORS 221.310)
and as currently prescribed by the Charter?
2. Does the Committee want to retain a single reading of ordinances, as currently prescribed by the
Charter?
Relevant Charter Sections
• Table of Contents
• Chapters 1-3
• References to physical record keeping in a 'journal' or'book'
o Chapter 4 Section 15
o Ch. 5 Sec. 22
o Ch. 8 Sec. 35.4
• References to posting or recording public information that is also covered by state law
o Ch. 4 Sec. 13
o Ch. 8 Sec. 35.2
• Chapter 8 Ordinances
• Miscellaneous Provisions
Reference Material
Guide for Charter Commissions
• What Qualities Make a Good Charter? p. 24
• Essential Components of a Charter, p. 26
Charter Comparison Spreadsheet
• Chapters 1-3 of Tigard Charter and comparisons in Beaverton and LOC Charters (excel rows 2-
15)
• Record keeping section of Tigard Charter and comparisons in Beaverton and LOC Charters (excel
row 36)
• Ordinance chapter of Tigard Charter and comparisons in Beaverton and LOC Charters (excel
rows 86-99)
• Miscellaneous Provisions of Tigard Charter and comparisons in Beaverton and LOC Charters
(excel rows 120-136)
Article from Oregon State Bar Legal Publications: Shall l Compare Thee to a Summer's Day?Probably not.
https://legalpubs.osbar.org/2015/04/17/shall-i-compare-thee-to-a-summers-day-probably-not/
Guideline from plainlanguage.gov: Shall and must
https://www.plainlanguage.gov/guidelines/conversational/shall-and-must/
ORS 221.310 Effective date of ordinances, resolutions and franchises; emergency measures.
(1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect
until 30 days after its passage by the city council and approval by the mayor, unless it is passed over the
veto of the mayor. In that event, it shall not take effect until 30 days after final passage over the mayor's
veto. However, measures necessary for the immediate preservation of the peace, health and safety of
the city are excepted.These emergency measures shall become immediately effective if they state in a
separate section the reasons why it is necessary that they should become immediately effective and if
they are approved by the affirmative vote of three-fourths of all the members elected to the city
council, taken by ayes and noes, and also by the mayor.This subsection shall apply in every city in all
matters concerning the operation of the initiative and referendum in its municipal legislation on which
the city has not made or does not make conflicting provisions.
(2) Except for ordinances necessary for the immediate health, peace or safety, an ordinance enacted
by the council of a city created under ORS 221.010 to 221.100 shall take effect 30 days after its
enactment.
(3) In cities having a population of 2,000 or more, a resolution may take effect at any time after its
passage by the city council. A resolution shall state in a separate section the effective date of the
resolution.