Reference Slides 5.22 Tigard Charter Review Committee
Reference
May 22 , 2023
Membership
Community Representatives Elected Representatives
• Derek Lawson • Former Mayor Jason Snider
• Karen Emerson • Councilor Jeanette Shaw
• Lindsey Washburn • Former Mayor John Cook
• Former Rep. Margaret Doherty
• Nathan Jackson City Recorder
• William T Simpson • Carol Krager
Youth Representative Non-Voting Alternates
• Zachary Clairmont • Dolly Sprech
• Holly Fenton
• Zeena Pinto
Mission Statement
Advance the governance of the City of Tigard
through a comprehensive review of the City
Charter and provide recommendations for an
understandable, flexible, and durable
cornerstone for the future of the city.
Framework
Topic Introduction Breakout Session
and Q&A (as needed) Committee Discussion
Concept 0 No
Presentation to City Attorney Draft Consensus —►
Committee Recommendation
(75%)
II
Committee
Committee Discussion Recommendation 0 Concept requires Charter language
0 Concept does not require new Charter language
0 Consensus is `no change to Charter'
0 Consensus is not reached
Framework
Straightforward Complex Intricate
Areas that can have major
Topics in need of modernization of Pure policy decisions that require consequential impacts on Tigard and
language or in response to some explanation and background. require extensive background and
technology. Anticipate little discussion Anticipate some discussion and research. Anticipate in-depth
and general consensus. differences of opinion. conversations and differences of
opinion.
• Charter Structure: Title of • Public Improvements • Governance roles of Elected
Enactment, Powers of the City, • Ordinances Officials
Preamble, Severability, Article • Debt Limit • Governance roles of City Officers
Outline • Willamette River as a source of • Elections process
• Charter Concepts: drinking water
Gender neutrality, technology • High-Capacity Transit
• Urban Renewal
Path
January 23 February 13
January 9 Ordinances February 27
Charter Structure and Public Improvements
Introductions Debt Limit Urban Renewal
Concepts
Willamette River
March 13 March 20
April 10 April 17
High-Capacity Transit High-Capacity Transit
Form of Government Form of Government Elected Officials Elected Officials
Elected Officials
May 8 May 22 June 12 June 26
Elected Officials Elected Officials Elected Officials Elections Process
July 17 August 7 August 14
City Officers Fees Finishing Touches
Preamble
Term Limit Question: Partial term Yes No
only counts if it is greater than 3
years
Partial term only counts if it is greater Do not agree
than 3 years
Term Limits : History in Tigard
Originally adopted in 1985 — Set the term limit for Mayor to 4 years and Councilor to 8 years,
with no more than 12 consecutive years served on Council
Updated in May 1990 — Updated Mayor term to 4 years (was two) and updated term limit for
Mayor to 8 years (was four)
Failed Measure in 2015 that proposed updating term limits to 16 years total (from 12)
Term Limits : Current Language
No councilor shall serve/elected/appointed the City as councilor for more than eight
consecutive years, nor shall the Mayor serve/elected/appointee' as Mayor for more than
eight consecutive years. In no case shall any person serve/elected/appointee on the City
Council for more than twelve consecutive years. These limitations do not apply to the filling
of an unexpired term.
. Term Limit ' Clock'
Should the term limit clock be.. .
a ) based on the number of years elected within a range?
From Oregon City — No person shall be elected to the office of commissioner for more than two terms of
four years in any ten year period
From Tualatin — No person shall be eligible to serve on the City Council more than twelve (12) years in any
twenty (20) year period
b) based on the number of years/terms consecutively elected ?
From Beaverton — A mayor may serve no more than three consecutively-elected four-year terms. A
councilor may serve no more than three consecutively-elected four-year terms
From Hillsboro — A councilor may serve no more than two consecutive elected four year terms.
2 . # of years/terms
For either of the previous scenarios, how many years/terms is recommended ?
From Hillsboro — A councilor may serve no more than two consecutive elected four year
terms.
From Wilsonville — No person shall be eligible to serve on the City Council more than
twelve (12) years in any twenty (20) year period
From Sherwood — No councilor shall serve on the council more than three consecutive
terms.
3 . Treatment of Partial Terms
How should partial terms be treated ?
From Beaverton — If a mayor or a councilor is appointed or elected for a term that is less
than three years, the partial term does not count as a term; in addition to the partial
term, a mayor or a councilor may also serve three consecutively-elected four-year terms.
From Sherwood — No councilor shall serve on the council more than three consecutive
terms. For purposes of this subsection, "terms" include terms to which the councilor was
either elected or appointed, regardless of whether the councilor served the full four years
of the term.
4 . Councilor and Mayor Distinctions
Are there any distinctions between terms/years served as a Councilor vs. as the
Mayor?
From Lake Oswego — No Councilor, including those serving on July 1, 1980, may be
elected to a City office, or any combination of such offices, for a period to exceed eight (8)
consecutive years.
From Tualatin — No person shall be eligible to serve on the City Council more than twelve
(12) years in any twenty (20) year period, whether serving as Councilor, Mayor, a pro tem
member, or a combination thereof, except if a person has served only two terms as City
Councilor, then that person shall be eligible to serve another two consecutive terms as
Mayor.
From Hillsboro —
A councilor may serve no more than two consecutive elected four year terms.
A mayor may serve no more than two consecutive elected four year terms.
Term Limit Considerations Summary
First — Does the Committee recommend including Term Limits in the Charter?
1 . Should the term limit `clock' be...
a) based on the number of years elected within a range?
b) Based on the number of years/terms consecutively elected?
2 . For either of the above scenarios, how many years/terms is recommended ?
3 . How should partial terms be treated ?
4. Are there any distinctions between terms/years served as a Councilor vs. as
the Mayor?
Summary
• uestion mil Group 1 AM Group 2 All Consensus
Include Term Yes Yes Yes
Limits?
Term Limit # of terms # of years # of years/terms
`Clock'
2 terms of each role (8 years 12 years (Lake Oswego as
# of each and possible 16 total) model)
Years/Terms
14 years?
Beaverton model, but 2 years Beaverton language, greater Only partial terms >3 years
Partial Terms instead of 3 than three counts, less than count towards term limit
Treatment
14 years to elegantly resolve three does not
Distinctions Separating by roles (see Total terms/years, not divided
between above) by role
Councilor and
Mayor
Council President: Role
Current Tigard Charter Language:
In the Mayor's absence from a Council meeting the President shall perform the duties of the
office of Mayor and preside over it. Whenever the Mayor is physically or mentally unable to
perform the functions of office, the President shall act as the Mayor pro tern .
Council President: Term Length
Of the 30 Oregon cities with populations >20,000 (not including Tigard)
16 Cities — 1 Year term
13 Cities — 2 Year term
Council President: Questions
1 .Tigard currently operates with a City Council President, does the Committee
recommend that Tigard retain this position?
2 . If this position is retained, does the committee recommend the powers of the
Council President be retained or amended ? If amended, how?
3 .The Council President is selected by members of the Council every two years.
Does the committee recommend keeping either or both the method of
selection and term length?
How Vacancies are Created
(Tigard )
An office shall be deemed vacant upon the incumbent's death, adjudicated incompetence,
conviction of a felony, other offense pertaining to his or her office, or unlawful destruction of
public records, resignation, recall from office; or ceasing to possess the qualifications for the
office; upon the failure of the person elected or appointed to the office to qualify therefor
within ten days after the time for his term of office to commence; or in the case of a mayor
or councilor, upon his or her absence from the City for 30 days without the consent of the
Council or upon his or her absence from regular meetings of the Council and upon a
declaration by the Council of the vacancy.
How Vacancies are Created
( Beaverton )
The mayor or a council office 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
(f) Removal from office pursuant to Section 3. 10.
How Vacancies are Created
The mayor or a council office becomes vacant:
a) Upon the incumbent's:
(1) Death;
(2) Adjudication of incompetence; or
(3) Recall from Office.
b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to begin;
(2) Absence from the city for 30 days without council consent, or from all council meetings within a 60-day period;
(3) Ceasing to reside in the city;
(4) Ceasing to be a qualified elector under state law;
(5) Conviction of a misdemeanor or felony crime;
(6) Resignation from the office; or
(7) Removal under Section 8.1(i).
How Vacancies are Created
236 . 010)
An office shall become vacant before the expiration of the term if:
(a)The incumbent dies, resigns or is removed.
(b)The incumbent ceases to be an inhabitant of the district, county or city for which the incumbent was elected or
appointed, or within which the duties of the office of the incumbent are required to be discharged.
(c)The incumbent is convicted of an infamous crime, or any offense involving the violation of the oath of the incumbent.
(d)The incumbent refuses or neglects to take the oath of office, or to give or renew the official bond of the incumbent, or to
deposit such oath or bond within the time prescribed by law.
(e)The election or appointment of the incumbent is declared void by a competent tribunal.
(f)The incumbent is found to be a person with a mental illness by the decision of a competent tribunal.
(g)The incumbent ceases to possess any other qualification required for election or appointment to such office.
(h)Appointment of the incumbent is subject to Senate confirmation under section 4, Article III of the Oregon Constitution,
and the appointment is not confirmed
How Vacancies are Created
Always included: Sometimes included:
• Death • Adjudicated incompetence
• Resignation from the office • Conviction of a misdemeanor and/or
• Recall from office felony and/or crime leading to a loss of
liberty
• Ceasing to reside in the city • Failure to qualify for the office within xx
• Ceasing to be a qualified elector days of the time the term of office is to
under state law begin
• Absence from the city for xx days
without council consent, or from all
council meetings within a xx-day period
• Unlawful destruction of public records
How Vacancies are Filled (Tigard )
In the event the office of Mayor or councilor becomes vacant before the normal
expiration of its term a special election may be held at the next available date
to fill the office for the unexpired term .
Such an election shall only take place if the Council can schedule and hold a
special election at least twelve months before the term would otherwise expire.
If an election is held, it shall be held in accordance with the election laws of the
state of Oregon and City ordinances not inconsistent with such election laws.
The Council may appoint a person to fill a vacancy until an election can be held .
How Vacancies are Filled
( Beaverton )
Vacancies must be filled as follows:
(a) If less than one year remains in the term of the person who held that vacant office, the council may fill the vacancy by
majority vote of the remaining council members, and the appointee will serve the unexpired term of the predecessor to the
office; or
(b) If one year or more remains in the term of the person who held the vacant office or if for any reason the office is not
filled and no person takes office when the term of office otherwise would have commenced, council may fill the vacancy by
majority vote of the remaining council members, and the appointee will serve as an interim city councilor until a successor
to the office is duly elected and is qualified to take office.
(c) The election to fill the vacancy for the unexpired term of office must be held at the election that is next available
pursuant to state law which occurs no sooner than the one hundred twentieth day after the date upon which the vacancy
occurred. At the election, the person elected must receive a majority of the votes cast for all candidates for the office. If no
candidate receives a majority, then a run-off election between the two candidates receiving the highest number of votes
must be held at the election that is next available pursuant to state law. The term of office for a person elected to fill a
vacancy for an unexpired term of office commences upon the certification of the election.
How Vacancies are Filled ( LOC)
A mayor or councilor vacancy will be filled by appointment by a majority of the
remaining council members.
The appointee's term of office runs from appointment until expiration of the
term of office of the last person elected to that office.