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Reference Slides 6.26 Tigard Charter Review Committee Reference June 26 , 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 June 26 May 8 May 22 June 12 Vacancies Elected Officials Elected Officials Elected Officials Recall Eligibility July 17 August 7 August 14 City Officers Fees Finishing Touches Preamble Does the Committee recommend a Yes No vacancy be created by some level of abandoning the position? Recommend Do not recommend 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 Usually 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 or under this Chante . council meetings within a 90-day period without council consent Unlawful destruction of public records • Conviction of a misdemeanor or felony or crime leading to a loss of liberty 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 Filling Vacancies : Key Questions 1. Does the Committee recommend delegating decision-making for how to fill vacancies to Council (as is current practice) or does the Committee recommend a specific method for filling vacancies? 2. If the Committee recommends a specific method, is that method appointment to fulfill the term or appointment and election at the next possible date? 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. Filling Vacancies : Key Questions 1. Does the Committee recommend delegating decision-making for how to fill vacancies to Council (as is current practice) or does the Committee recommend a specific method for filling vacancies? 2. If the Committee recommends a specific method, is that method appointment to fulfill the term or appointment and election at the next possible date? Qualifications for Office : Key Questions 1. Does the Committee recommend : • Retaining the qualifications of Council Members in the Charter? or • Delegating this area to ordinance? As Beaverton has done and the LOC recommends 2. lithe Committee recommends retaining this area in the Charter, are there any changes that the Committee recommends, such as requiring Council Members to be Tigard electors? Qualifications of Council Members : Tigard A qualified elector within the meaning of the State Constitution, who will have resided continuously for a period of twelve ( 12) monthilor more immediately preceding the election orikappointment in any area which is within the corporate boundaries of the City as the same shall exist as of a date one hundred twenty ( 120) calendar days immediately prior to the date of the election, (inclusive of all territory previously effectively annexed to the City), may be nominated for an elective City position . The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent with state law. ( Measure 56, May 18, 1982 election ) . Qualifications of Council Members : Beaverton Code From 2.06.310 Beaverton Municipal Code "City elector" means an individual who is qualified to vote under Section 2, Article II, of the Oregon Constitution, registered to vote, and a resident of the City.