Ordinance No. 86-11 a
CITY OF TIGARD, OREGON
ORDINANCE NO. 86--&._
AT, ORDINANCE OF THE TIGARD CITY COUNCIL_ AMENDING CHAPTER 2.06, AND SECTIONS
2.04.020, 2.04.040, 2.06.010, 2.16.020, 2.30.030, 2.56.010, AND 2.60.010, AND
ADDING A SECTION 2.58, RELATING TO OFFICERS AND DEPARTMENT HEADS, THE-IR
TERMINATION, AND_THEIR RESIDENCY REQUIREMENTS, AND DECLARING AN EMERGENCY. V
WHEREAS, Section 10 of the City Charter establishes the officers of the City
as the Municipal Judge, Recorder, Finance Officer, and such other officers as
the Council deems necessary, and establishes that the Officers may be removed
by the Mayor with the consent of the Counc`'I; and
WHEREAS, the Council has by ordinance established the office of City
Administrator, and has authorized the City Administrator to appoint and remove
Department Heads after consultation with the Mayor and Council; and
WHEREAS, the Council desires to clarify and establish that City Of'' vers and
Department Heads appointed subsequent to the effective date of this ordinance
shall be subject to termination at will without cause, and
WHEREAS, for this ordinance to apply to certain positions that are now vacant,
the ordinance must be effective prior to the filling of those vacancies, and
the orderly administration of City business requires that those positions be
filled as soon as possible, such that an emergency exists:
THE GITY OF TIGARD ORDAIAVC AS FOLLOWS:
SECTION 1: Section 2.04.020 is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined:
"2.04.020 Appointment and removal. The office of city administrator
shall be filled by appointment by the mayor with the consent of the city
council. The administrator shall be t:he chief administrative officer of
the city, and as such shall be chosen solely on the basis of
administrative qualifications and experience, without regard to
political considerations. Appointment and removal of the city
administrator by the mayor shall require the prior consent of a majority
of the full council recorded at a public meeting. The cites
administrator shall serve at the pleasure_ of the mayor and the city
council, and cause shall not be_required for termi.nation."
SECTION 2: Section 2.04.040(1) is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined,.
"2.04.040 Duties. The city administrator shall: (1) 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 shall interview, select and recommend to the mayor and
council all applicants proposed for appointment to city offices, alp
make recommendations to the mayor and council concerning the replacement
of any city appointive officer, other than the mayor and councilmen, and
shall have authority to appoint to and remove from established
.h positions, subordinate employees of the city; provided, however, that
department heads shall be appointed and removed after consultation with
the mayor :and council; and cause shall not be required for termination
of department heads,; '
SECTION 3. The title of Chapter 2.06 is hereby amended to read as follows,
with deleted language indicated by brackets and new language underlined:
"Chapter 2..06
[DEPARTMENT HEADS]
RESIDENCY REQUTREMERLIS
SECTION 4. Section 2.06.010 is he;,uby amended to read as Follows, with
deleted language indicated by brackets and new language underlined:
"2.06.010 Residency required---Affected positions. All persons employed
full.--time by the city of Tigard in the positions named in this chapter
are required to establish permanent residency within the boundaries of
Clackamas, Multnomah., and Washington Counties of the state within one
hundred twenty days Following the end of the probationary period. The :
affected positions are the following: city administrator, chief of :
police, [planning director, public works director,] communis
development director, head librarian [and], finance [director.] officer,
and ci y.r co!2 er._"
SECTION 5: Section 2..16.020 is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined:
112.16.020 Municipal judge. The office of municipal judge of the city
of Tigard, as provided by Section 10 of Chapter I:II of the Charter,
shall be held by one incumbent who shall. be appointed solely on the
basis of qualifications and experience without regard to political
considerai.ions. Appointment and removal of the municipal judge by the
mayor shall require the prior consent of a majority of the full council
recorded at a public meeting. Cause shall not be required for removal
of the municipal judge.
"The compensation of the municipal judge shall be fixed by resolution
of the city council."
SECTION 6: Section 2.30.030 is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined:
"2.30.030 Chief of police- Appointment and removal. The chief of
police shall be appointed by the city administrator [from a list of
eligible candidates supplied by the personnel officer]. The chief of
police shall serve at the pleasure of the city administrator and may be
removed by the city administrator at any time [for] w!thout cause.
SECTION 7: Section 2.56.010 is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined:
112.56.010 Appointment and removal. The office of recorder 'bf the city
of Tigard, as provided b,+ Section 10 of Chapter III of the Charter,
shall be filled by appointment by the mayor with the consent of the
council and shall be upon the advice of the city administrator.. The
recorder shall be appointed solely on the basis of qualifications and
experience and without regard to political considerations. Appointment
and removal of the recorder by the mayor shall beton: the advice of the
city administrator and require the prior consent of the majority of the
full council recorded at a public meeting. Cause shall not be rens reci
for removal of the city recorder,"
ORDINANCE NO. 86—_/j ,
Page 2
SECTION 8. There is hereby added to the Municipal Code of Tigard, Chapter
2.58 which is to read as follows:
"gtap•ter -2-bQ
FINANCE OFFICER
Sections:
2.58.010 Appointmeryt and removal.
2.58.010 Appointment and removal. The office of finance officer of the
city of Tigard, as provided by Sec.tion 10 of Chapter III of the Charter:
shall be filled_ by_appoi.ntment _by the mayor with the consent of the
Council upon the advice of the City Administrator. 'The finance officer
sha12 be appointed solely on the basis ofqualifiqualificiations and experience
and without re and to political considerations. Appointment and _removal
of the finance officer by mayor shall be upon the advice of the city
administrator and require the prior consent of the majority of the full
council _recorded at a public meeting. Cause shall not be required for
removal of the finance officer."
SECTION 9. Section 2.60.010 is hereby amended to read as follows, with
deleted language indicated by brackets and new language underlined:
"2.60.010 Appointment and removal. The city attorney shall be
appointed by the mayor with the consent of the council. The attorney
shall be appointed solely on the basis of qualifications and experience
and without regard to political considerations. Appointment and removal
of the attorney by the mayor shall require the prior consent of a
majority of the full council recorded at a public meeting. Cause shall
not be reaui red for removal of the city attorney_.11
SECTION 10. Effective Date. As this ordinance is to apply to certain
positions that are now vacant, the ordinance must be effective prior to the
filling of those vacancies, and as the orderly administration of City business
requires that those positions be filled as soon as possible, an emergency is
hereby declared to exist and this ordinance shall become effective upon its
passage by the Council and appproval by the Mayor.
SECTION 11. Severability. if any portion of this ordinance is found
ineffective for any re :son, all other portions shall continue in full force
and effect.
PASSED: BY _ , �t9-je,+Yj vote of all. Council members present after
being read by number and title only, thisday
of �2a^,■ .^r� _ 1996.
1n
e
Coreen R. Wilson, Deputy Recorder
APPROVED. 'This -- day of 1986.
G
Sohn E, Cook, Mayor
1w/3691A
ORDINANCE NO. 86-
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