Ordinance No. 24-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 24- 13
AN ORDINANCE REPEALING AND REPLACING TIGARD MUNICIPAL CODE 2.04
REGARDING THE CITY MANAGER
WHEREAS, Tigard Municipal Code (TMC) 2.04 relates to the appointment, removal, and duties of the city
manager and establishes a process for administrative rulemaking;and
WHEREAS,TMC 2.04, first adopted in 1965,is in need of updating to address the evolving responsibilities of
the office,including clarifications made in the recently adopted City Charter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 2.04 is hereby repealed and replaced with the language in Exhibit A.
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstances
is held invalid, such invalidity will not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 3: This ordinance is effective 30 days after its passage by the council, signature by the mayor,
and posting by the city recorder.
PASSED: By URA n I lin 0( -1 vote of all council members present after being read by number
and title only,this X 4day of 0 cif--o b2 r ,2024.
Jesse B. Raymundo,Deputy City Recorder
�a
APPROVED: By Tigard City Council this 22r✓fo b�e r'day of 0 ,2024.
Heidi Lueb,Mayor
Approved as to form:
City Attorney
10 a'1 <)-`\
Date
ORDINANCE No. 24- )3
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Exhibit A
2.04.010 Appointment and Removal
The City Manager is appointed solely on the basis of qualifications and experience without regard to
political considerations. Appointment and removal of the City Manager requires the consent of a
majority of the full Council recorded at a public meeting. Cause is not required for removal of the
City Manager.
2.04.020 City Manager Discretionary Authority.
A. The City Manager is authorized to adopt administrative regulations,policies, and guidelines to
implement the City Manager's authority under the Charter or as delegated by the City Council.
B. The City Manager's authority under subsection (A) of this section includes but is not limited to
the authority to adopt regulations,policies, and guidelines relating to:
1. Hiring, discipline, termination, supervision, and control of City staff other than Council
appointees;
2. Employee benefits and conditions;
3. Any authority conferred upon the City Manager by the City of Tigard's Charter or
Municipal Code; and
3. Any authority delegated to the City Manager by the City Council.
C. Regulations adopted by the City Manager and made available by posting on a City website, by
posting at the facility subject to the regulations, or by being made available at City offices are
enforceable and binding on members of the public. The City Manager will notify Council of any
rules proposed. The Council may review any regulation adopted by the City Manager on its own
motion, or on petition of any person filed within 30 calendar days of the first public posting of the
regulation.
D. City employees must comply with all regulations,policies and guidelines adopted by the City
Manager.
E. All regulations,policies and guidelines adopted by the City Manager must be consistent with the
City of Tigard Charter and Tigard Municipal Code.
2.04.030 City Manager Discretionary Authority.
A. The City Manager has the discretion to make all administrative decisions for the City relating to
all functions of the City.The City Manager's authority is limited to administrative matters and does
not extend to legislative decisions.
B. The City Manager's authority under subsection (A) of this section extends to all administrative
matters of the City, except to the extent that decision-making authority is granted to another under
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Exhibit A
applicable law. "Administrative matters"is to be interpreted broadly to encompass all decisions
other than legislative decisions or other decisions expressly reserved to a decision-maker other than
the City Manager.
2.04.040 Authority and Duties of the City Manager.
A. The City Manager is authorized to:
1. Organize and exercise control and supervision of all activities, departments, and offices of
City government, except the office of municipal judge and the office of city attorney, and
appoint to and remove from established positions, subordinate employees of the City.
2. Be the chief budget officer of the City and perform the functions of budget officer as
prescribed by Oregon Local Budget Law, ORS Chapter 294.
3. Supervise the administration and be responsible for the enforcement of all laws and
ordinances in effect within the City and administer and enforce the policies, rules,procedures,
and resolutions duly adopted by the City Council.
4. Approve and sign any intergovernmental agreement if the City Manager has the authority
to approve and sign a similar agreement with a nongovernmental entity. This includes
amendments of intergovernmental agreements originally approved by the City Council.
5. Approve the acquisition of real property, or an interest in real property such as an
easement,if the property or interest in the property is acquired by the City through the private
development approval process;if the compensation paid by the City is less than $25,000; or if
the property is donated to the City. Dedication of property for public right-of-way is not
considered an acquisition by the City for purposes of this section and may be accepted by the
City Manager.
6. Approve the grant of an easement,leasehold, or other interest in real property if the value
of the interest is less than $25,000 and the City Manager determines that the action is not
contrary to the public interest.
7. Perform such other and further duties as from time to time may be directed to be
performed by resolution or motion of the City Council.
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