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Reference Slides 6.12 Tigard Charter Review Committee Reference June 12 , 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 O Concept 0 No Presentation to City Attorney Draft 4 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 Vacancies Eligibility July 17 August 7 August 14 City Officers Fees Finishing Touches Preamble Does the Committee recommend Yes No limiting terms to 8 years as Councilor and 8 years as Mayor? Recommend limiting terms to 8 years Do not recommend limiting terms to 8 as Councilor and 8 years as Mayor years as Councilor and 8 years as Mayor Does the Committee recommend Yes No limiting the Council President's number of terms? Recommend limiting the Council Recommend not limiting the Council President's number of terms President's number of terms Does the Committee recommend Yes No amending the Council President voting process to require Council to set their voting process prior to vote for Council President? The Committee recommends The Committee does not recommend amending Council President the amending the Council President voting process to require Council to voting process to require Council to set their voting process prior to vote set their voting process prior to vote for Council President for Council President Does the Committee recommend Yes No removing the 'resignation requirement' from the Charter? The Committee recommends The Committee does not recommend removing the 'resignation removing the 'resignation requirement' from the Charter requirement' from the Charter 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 2) and updated term limit for Mayor to 8 years (was 4) 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 Question MIL Group 1 II.MGroup 2 AIMM 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 8 years as Councilor and 8 # of each and possible 16 total) model) years as Mayor 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 apply to term limits Treatment 14 years to elegantly resolve three does not Distinctions Separating by roles (see Total terms/years, not divided Divide by roles 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 Always included: Sometimes included : • Death • Adjudicated incompetence • Resignation from the office • Failure to qualify for the office within xx • Recall from office days of the time the term of office is to begin • Ceasing to reside in the city • Absence from the city for xx days • Ceasing to be a qualified elector without council consent, or from all under state law council meetings within a xx-day period • Unlawful destruction of public records • Conviction of a misdemeanor and/or felony and/or crime leading to a loss of liberty 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 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. Resignation Requirement No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office. A resignation submitted to satisfy this section shall not be withdrawn . A resignation shall be adequate for purposes of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate.