Resolution No. 24-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 24- 06
A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE
MAY 21, 2024 PRIMARY ELECTION, THE QUESTION OF WHETHER TO ADOPT A NEW CITY
CHARTER
WHEREAS,the City's Charter,a document that lays out the organization,powers, functions, and procedures
of the city government–has not been comprehensively reviewed and amended since it was adopted in 1962;
and
WHEREAS,in 2023,the City convened the Charter Review Committee—a group of 14 community members
who met over the course of 8 months—to holistically review the City's Charter and make recommendations
to City Council;and
WHEREAS, the Charter Committee proposed a revised Charter making numerous changes, including
expanding City Council from five to seven members; updating term limits, setting term limits as two
consecutive terms as Councilor and two consecutive terms as Mayor, for a total of no more than four
consecutive terms; and raising the threshold for future Charter changes by initiative;and
WHEREAS, the City Council wishes to submit to the voters a ballot measure proposing a new City Charter.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: An election is called in the City of Tigard for the purpose of submitting to the legal voters of
the City a measure adopting a new Charter for the City of Tigard. The ballot title to appear
on the ballot is attached and incorporated as Exhibit A.
SECTION 2: The proposed Charter that is the subject of this referral is set forth in full in the attached
Exhibit B.
SECTION 3: Election Conducted by Mail. The measure election shall be held on Tuesday,May 21,2024.
The precinct for the election shall be all of the territory within the corporate limits of the
City of Tigard. As required by ORS 254.465 and ORS 254.470, the measure election will be
conducted by mail by the Washington County Elections Department, according to the
procedures adopted by the Oregon Secretary of State.
SECTION 4: Notice of Ballot Title. The City Elections Officer is directed to publish notice of receipt of
the ballot title in the Tigard Times or The Oregonian in compliance with ORS 250.275(5).
SECTION 5: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095, the Tigard City Council directs the
City Elections Officer to file a Notice of City Measure Election in substantially the form of
Exhibit C,with the Washington County Elections Office,unless,pursuant to a valid ballot
title challenge, the Tigard City Council certifies a different Notice of City Measure Election
be filed, such filing shall occur no earlier than the eighth business day after the date on
which Exhibit C is filed with the City Elections Officer and not later than March 21,2024.
SECTION 6: Explanatory Statement. Pursuant to ORS 251.345, the Tigard City Council directs the City
RESOLUTION NO. 24-N.
Page 1
Manager to prepare a Measure Explanatory Statement for publication in the county voters'
pamphlet; said statement shall be filed with the Washington County Elections Office at the
same time the Notice of City Measure Election is filed by the City Elections Officer.
SECTION 7: Delegation.The Tigard City Council authorizes the City Manager or a designee of the City
Manager to act on behalf of the City of Tigard and to take such further action as is necessary
to carry out the intent and purposes herein in compliance with the applicable provisions of
law.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This l day of Fe(Oi'uA') 2024.
CJA2i2
Mayor-City of Tigard
A'i hST:
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City Recorder-City of Tigard
RESOLUTION NO.24- 06
Page 2
Exhibit A
Caption: Adopts New Charter for Tigard City Government
Question: Shall Tigard adopt a new City Charter that retains current form of government, adds two
Councilors, and amends term limits?
Summary: In 2023, the City conducted the first comprehensive review and update to Tigard's City
Charter since it was adopted in 1962. The City convened a community-led process to review the
Charter and develop recommendations. For 8 months,the 14-person Charter Review Committee
studied city charters from around the state, state and local laws, and other resources to propose
changes for Tigard's City Charter. The committee ultimately proposed a revised Charter. Key
proposed changes include:
• Expanding City Council from five to seven members.
• Updating term limits, setting term limits as two consecutive terms as Councilor and two
consecutive terms as Mayor, for a total of no more than four consecutive terms.
Other changes would include deferring to state law on areas such as public meetings and elections.
The new charter would keep Tigard's same form of government. Elected officials would be elected
in the same manner, and laws would be passed in the same way as today.
This measure would not increase Tigard's tax rate.
Exhibit B
City of Tigard Charter of 2024
PREAMBLE
We the people of Tigard, Oregon, are a community that recognizes the value of all individuals.
We exercise our power to the fullest extent possible under the constitution and laws of the
State of Oregon and enact this home rule Charter.
ARTICLE I
Name and Boundaries
Section 1.1. Title of Enactment. This enactment may be referred to as the City of Tigard
Charter of 2024.
Section 1.2. Name. The municipality of Tigard, Washington County, Oregon, continues to be a
municipal corporation with the name "City of Tigard."
Section 1.3. Boundaries. The City includes all territory within its boundaries as they now exist
or are legally modified in the future.
ARTICLE 2
Powers of the City
Section 2.1. Powers of the City. The City has all powers expressly or impliedly granted or
allowed by the constitutions, statutes, and common law of the United States and State of
Oregon as fully as if this Charter specifically enumerated each of those powers.
Section 2.2. Construction. This Charter is liberally construed so that the City may exercise fully
all powers possible under this Charter and under United States and Oregon law.
Section 2.3. Where Powers Vest. All powers of the City are vested in the City Council, except
as otherwise provided by law or this Charter.
ARTICLE 3
Council
Section 3.1. Council Composition. The Council is comprised of a Mayor and six Councilors
nominated and elected from the City at-large.
Section 3.2. Oath. Before carrying out the duties of office, the Mayor and each Councilor must
subscribe and swear or affirm an oath to the effect that the person will faithfully discharge to
City of Tigard Charter of 2024 1
the best of the person's ability the duties of the office being assumed and will support the
constitutions and laws of the United States and the State of Oregon and the charter and
ordinances of the City of Tigard. The oath must be administered and attested to by a notary
public or other person duly authorized to administer oaths. The oath may be taken up to 30
days prior to the scheduled date of assuming office.
Section 3.3. Mayor. Except as otherwise provided in this Charter, the Mayor is the elected,
public policy head of City government. The Mayor is a voting member of Council and has no
veto authority. In exercising the powers of the Mayor, the Mayor:
a) Has authority over the agenda for Council meetings.
b) Presides over and facilitates Council meetings as the chair, preserves order, enforces
Council rules, and determines the order of business.
c) Signs the authorized writings and records of Council decisions.
d) Appoints members of City boards and committees, as provided by Council rules.
Section 3.4. Council President. Council will elect a Council President at its first meeting each
year. The Council President will perform the duties of the office of Mayor in the Mayor's
absence and may perform other duties of the Mayor at the Mayor's request. In the event the
Mayor is unavailable to serve, the Council President will serve as the Mayor Pro Tempore. If
the Council President vacates the position, the Council will elect a Council President to serve in
that position until the next Council President is elected pursuant to this Section.
Section 3.5. Terms. The Mayor and each Councilor's term of office is four years and
commences on the first day of January after the election to office. One of the new positions
created by this 2024 Charter will be elected to a four-year term and the other to a two-year
term in the 2024 general election. Council members currently serving at the time this 2024
Charter is adopted will continue to serve the remainder of their terms.
Section 3.6 Term Limits. A Mayor may not be elected or appointed to more than two
consecutive terms, and a Councilor may not be elected or appointed to more than two
consecutive terms, for a total of no more than four consecutive terms on Council. A partial
term only applies to a Council member's term limit calculation if the Council member is elected
or appointed to a term greater than three years. Terms are considered "consecutive" if there is
less than a two-year break from the date last in office to the first date of the Council member's
next term.
Section 3.7. No Interference. No Council member may directly or indirectly coerce or attempt
to coerce the City Manager, City Attorney, or Municipal Court Judge, or a candidate for the
office of City Manager, City Attorney, or Municipal Court Judge, in the appointment or removal
of a City employee, in an administrative decision of the officer, or in otherwise executing the
officer's powers and duties. Council will determine the appropriate penalty for violation of this
prohibition, up to and including removal from office. A due process hearing of the full City
Council and a unanimous vote of all Council members, with the exception of the member who
City of Tigard Charter of 2024 2
is the subject of the vote, is required to remove a Council member. A majority vote of Council
is required to impose any other penalty. In Council meetings, Council members may discuss or
suggest matters with the officer relating to City business.
Section 3.8. Council Rules. Every two years, Council will adopt ground rules by resolution.
Ground rules will include a code of conduct, process for the selection of board and committee
members, and will govern proceedings of the Council where they do not conflict with law or the
provisions of this Charter. Council will determine, by majority vote, the appropriate penalty for
a violation of the ground rules, up to and including a resolution of censure and removal from
Council assignments. A violation of the ground rules will not be considered a basis for
challenging the validity of any Council decision.
Section 3.9. Compensation. The Council will adopt, by resolution or ordinance, an
independent review process for determining the compensation of the Mayor and Councilors.
ARTICLE 4
City Officers
This Charter establishes three City offices appointed and removed by a majority of Council—a
City Manager, a City Attorney, and Municipal Court Judge. No member of Council may assign or
direct the work of any of the following offices:
Section 4.1. City Manager. The City Manager is the administrative head of the City
government. The City Manager is responsible to the City Council for the proper leadership and
administration of all City business including serving as the Budget Officer; appointing and
removing all City employees except the Municipal Court Judge and City Attorney; organizing
departments; and carrying out all City operations, policies, resolutions, and ordinances.
Section 4.2. City Attorney. The City Attorney is the chief legal officer for the City. The City
Attorney must be an active member in good standing of the Oregon State Bar. The City
Attorney appoints, manages, and may remove any employees who work exclusively in and for
the City Attorney's office.
Section 4.3. Municipal Court and Judges. The Tigard Municipal Court is established and
continues to operate as the City's 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 court judges, including judges pro tempore, must be active members in
good standing of the Oregon State Bar. 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.
City of Tigard Charter of 2024 3
ARTICLE 5
Elections
Section 5.1. City Elections. City elections must conform to state law, unless this Charter or City
ordinances provide otherwise. All elections for City offices are nonpartisan.
Section 5.2. Qualification of Electors. Every person who is a resident of the City and who
qualifies as a legal voter under state law may vote in a City election.
Section 5.3. Eligibility. Each member of Council must be a qualified elector under state law,
registered to vote in the City of Tigard, and have continuously resided within the City for at
least one year immediately before the date of election or appointment to office. Except when a
state trial court has jurisdiction over the matter, the Council is the final judge of the election
and eligibility of its members.
Section 5.4. Conduct of Election. Elections to the office of Mayor and Councilor will be held at
the general election, except as otherwise provided by this Charter for special elections to fill
vacancies. The candidate receiving the highest number of votes for the office of Mayor is
elected to the office. The three candidates receiving the highest number of votes for the office
of Councilor are elected to the office. If a Council position for less than a full four-year term is
on the ballot, the candidate receiving the highest number of votes for that position is elected to
the office.
Section 5.5. Vacancies in Office. The office of Mayor or Councilor becomes vacant upon the
Mayor or Councilor's:
a) Death;
b) Resignation from the office;
c) Recall from office;
d) Ceasing to reside in the city;
e) Ceasing to be a qualified elector under state law or this Charter;
f) Adjudicated incompetence;
g) Conviction of a felony;
h) Absence for 30 days from regular meetings of the Council without the consent of the
Council and upon a declaration of vacancy approved by unanimous vote of all
Council members except the member who is subject of the vote; or
i) Removal pursuant to Section 3.7 of this Charter.
Section 5.6. Filling Vacancies. In the event the office of Mayor or Councilor becomes vacant
before the normal expiration of the term, the Council may fill the vacancy for the remainder of
the term by election or appointment. A special election may only be called if the election will
be held at least one year before the term would otherwise expire.
City of Tigard Charter of 2024 4
ARTICLE 6
Council Meetings; Ordinances
Section 6.1. Rules and Meetings. The Council may adopt rules regarding Council meetings to
the extent the rules do not conflict with law or this Charter. The Council will meet at a time and
place designated by its rules and may meet at other times in accordance with its rules and state
law.
Section 6.2. Quorum. A majority of the Council members is a quorum to conduct business. In
the event of a vacancy pursuant to Section 5.5 of this Charter, 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.
Section 6.3. Record of Proceedings. A record of Council meetings must be kept in a manner
prescribed by state law and the Council's rules.
Section 6.4. 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.
Section 6.5. Ordaining Clause. The council exercises its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of Tigard ordains as
follows:"
Section 6.6. Adoption. Adoption of an ordinance requires:
a) A duly noticed public hearing on the ordinance;
b) Reading the ordinance, by title only, in an open Council meeting; and
c) A roll call vote whether to adopt the ordinance.
Section 6.7. Record of Vote. After the adoption of an ordinance:
a) The Mayor must sign the ordinance; and
b) The City Recorder must attest to the adoption and date of adoption of the ordinance
and enter into the Council minutes the vote of each member of Council on the
ordinance.
Section 6.8. Effective Date of Ordinances. Ordinances normally take effect on the 30th day
after adoption or on a later day provided in the ordinance. An ordinance may take effect as
soon as adopted or on another date less than 30 days after adoption if the ordinance contains
an emergency clause.
City of Tigard Charter of 2024 5
ARTICLE 7
Public Improvements; Debt
Section 7.1 Improvements. The procedure for making, altering, vacating, or abandoning a
public improvement will be governed by state law.
Section 7.2 Special Assessments. The procedure for levying, collecting, and enforcing special
assessments for public improvements or other services charged against real property will be
governed by ordinance.
Section 7.3 Debt Limit. City indebtedness may not exceed debt limits imposed by state law.
ARTICLE 8
Miscellaneous Provisions
Section 8.1. Ordinance Continuation. All ordinances and other enactments consistent with
this Charter, and in force when this Charter takes effect, remain in effect until amended or
repealed.
Section 8.2. Pending Matters. All rights, claims, causes of actions, duties, contracts, and legal
administrative proceedings that exist when this Charter takes effect continue and are
unimpaired by this Charter, except as modified pursuant to the provisions of this Charter, and
in each case will be maintained, carried on, or dealt with by the City department, office, or
agency appropriate under this Charter.
Section 8.3. Severability. The terms of this Charter are severable. If any provision of this
Charter is held invalid by a court, the invalidity does not affect the validity of the remaining
parts of the Charter.
Section 8.4. Time of Effect. This Charter takes effect 30 days after the day on which it is
approved by a majority of voters, and except as otherwise provided is operative July 1, 2024.
The City may take any action before this Charter's operative date that is necessary to enable
the City on or after the operative date to exercise all duties, functions, and powers conferred on
the City by this Charter.
Section 8.5. Saving Clause. All Charter provisions adopted before this Charter takes effect
continue in force and effect until repealed.
Section 8.6. Amendments. Amendments to this Charter proposed by initiative must be held at
a primary or general election.
Section 8.7. Repeal. All Charter provisions adopted before this Charter takes effect are
repealed when this Charter becomes operative on July 1, 2024.
City of Tigard Charter of 2024 6
Request for Ballot Title SEL 805
rev OS/21
Preparation or Publication of Notice OAR 165-014-0005
No later than the 81st day before an election,a governing body that has referred a measure must prepare and file with the local
elections official the text of the referral for ballot title preparation or the ballot title for publication of notice of receipt of ballot title.
This form may be used to file the text of the referral and request the elections official begin the ballot title drafting process or file a
ballot title and request the elections official publish notice of receipt of ballot title.
Filing Information
Election Date Authorized Official
May 21, 2024 Carol Krager
Contact Phone Email Address
503-718-2419 carolk@tigard-or.gov
Referral Information
Title, Number or other Identifier
This Filing is For
n Drafting of Ballot Title Attach referral text. n Publication of Notice Ballot title below.
Ballot Title Additional requirements may apply
Caption 10 words which reasonably identifies the subject of the measure.
Adopts New Charter for Tigard City Government
Question 20 words which plainly phrases the chief purpose of the measure.
Shall Tigard adopt a new City Charter that retains current form of government, adds two Councilors, and
amends term limits?
Summary 175 words which concisely and impartially summarizes the measure and its major effect.
In 2023,the City conducted the first comprehensive review and update to Tigard's City Charter since it was adopted in
1962. The City convened a community-led process to review the Charter and develop recommendations. For 8 months,
the 14-person Charter Review Committee studied city charters from around the state, state and local laws, and other
resources to propose changes for Tigard's City Charter. The committee ultimately proposed a revised Charter. Key
proposed changes include:
• Expanding City Council from five to seven members.
• Updating term limits, setting term limits as two consecutive terms as Councilor and two consecutive terms as Mayor,for
a total of no more than four consecutive terms.
Other changes would include deferring to state law on areas such as public meetings and elections. The new charter
would keep Tigard's same form of government. Elected officials would be elected in the same manner, and laws would be
passed in the same way as today.
This measure would not increase Tigard's tax rate.
By signing this document:
4 I hereby state that I am authorized by the county or city governing body, or district elections authority to submit this Request
for Ballot Title—Preparation or Publication of Notice.
Signature Date Signed