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City Council Packet - 06/05/2012 IN 1 1I TIGARD City of Tigard TIGARD CITY COUNCIL SPECIAL MEETING June 5, 2012 COUNCIL MEETING WILL NOT BE TELEVISED I: \Design & Communications\DonnalCity Council\ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND June 5, 2012 - 7:30 p.m. Revised 6/4/2012 Start Time changed to 7:30 p.m. TIME: MEETING LOCATION: City of Tigard - Red Rock Creek Conference Room - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND June 5, 2012 - 7:30 p.m. TIME: MEETING LOCATION: City of Tigard - Red Rock Creek Conference Room - 13125 SW Hall Blvd., Tigard, OR 97223 7:30 PM • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1. SPECIAL MEETING 1. Call to Order- City Council 2. Roll Call 3. Pledge of Allegiance 4. Council Communications & Liaison Reports 5. Call to Council and Staff for Non - Agenda Items 2. DETERMINE PROCESS FOR VACANCY IN THE OFFICE OF MAYOR 3. COUNCIL LIAISON REPORTS 4. NON AGENDA ITEMS 5. EXECUTIVE SESSION 6. ADJOURNMENT AIS -937 2. Special Meeting Meeting Date: 06/05/2012 Length (in minutes): 30 Minutes Agenda Title: Determine Process for Vacancy in the Office of Mayor Prepared For: Marty Wine Submitted By: Cathy Wheatley, Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Information ISSUE Discuss preferences for filling mayor position vacancy as of December 31, 2012. STAFF RECOMMENDATION / ACTION REQUEST Decide how to proceed with mayor position vacancy as of December 31, 2012. KEY FACTS AND INFORMATION SUMMARY Mayor Dirksen's current term of office expires December 31, 2014. He ran unopposed in the May 15 Primary Election for the office of Metro Council, District 3. He anticipates certification of his election to this Metro office before the June 5 special meeting. His term of office on the Metro Council begins January 2013. Mayor Dirksen advised the council that he will tender his non - revocable resignation as Tigard Mayor once he receives certified results confirming his election to the Metro Council. His resignation would be effective December 31, 2012, thereby creating a vacancy for the Tigard Mayor's position with two years remaining on the term. At its March 20, 2012, meeting, the Council held a preliminary discussion on options available should such a vacancy in the mayor's office occur. Options include: • Council may appoint an individual to fill the vacancy for all or part of the remaining unexpired term. (January 1, 2013 - December 14, 2014) • Under this scenario an example would be for the council to appoint an individual to serve as mayor pro tern. The appointed mayor pro tem could be a member of the council, which would create a vacancy in a council position. Then the council would need to determine how it would address the council vacancy; i.e., appointment, election, not fill (work as a four- member council), or a combination (appointment, election, leave vacant). • Council may operate as a four - member council for all or part of the remaining unexpired term (December 31, 2012). • Council may call for an election to fill a vacancy on the council if the council can schedule and hold an election at least 12 months before the term expires. Council could hold such an election in September or November 2012; March, May, September or November 2013. For all but the November 2012 election date, there would be about a $38,000 cost for the city to hold such an election. There is no cost to the city for elections held in May or November of even - numbered years. If the Council chooses to hold an election for a council vacancy in November 2012 (the no -cost election), here are some additional details: • The filing deadline for the mayor's position would be August 6, 2012. • The city will also have two council positions up for election on this date since Councilor Henderson's and Councilor Wilson's terms expire at the end of 2012. The filing deadline is August 27, 2012, for the council positions. Attached is resource information, which the council received at its March 20, 2012 meeting: • A March 19 memorandum from City Attorney Ramis reviewing the charter procedure for filling council vacancies. • A March 19 memorandum from City Recorder Wheatley giving the history of how the council addressed filling of council vacancies under the current charter provisions. At its May 8, 2012 meeting, City Council members discussed the variety of options available to address a vacancy in the office of Mayor. The members agreed to discuss this matter again after the May 15 election and consider how to proceed. OTHER ALTERNATIVES Postpone decision until a later date. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION March 20, 2012 May 8, 2012 Fiscal Impact Fiscal Information: Holding a special election for the office of Mayor for any potential election date other than November 2012 would mean an expense of up to $38,000. If the City Council determines it would call for an election of a mayor in November 2012, there would be no charge for placement on the ballot since cities are allowed two "free" elections for May and November in even - numbered years. Attachments City Attorney Ramis Memorandum - Charter Procedure for Filling Council Vacancies City Recorder Wheatley Memorandum - Mavor /Council Vacancies - History JO RDAN RAM I S PC ATTORNEYS AT LAW Two Centerpointe Dr 6th Fl Phone: (503) 598 -7070 Lake Oswego OR 97035 Toll Free: (888) 598 -7070 www.jordanramis.com Fax: (503) 598 -7373 LEGAL MEMORANDUM TO: Tigard City Council, City Manager FROM: Tim Ramis DATE: March 19, 2012 CC: Cathy Wheatley and Liz Newton RE: Charter Procedure for Filling Council Vacancies File No. 50014 -36799 At the request of the City Manager, I have prepared a brief summary of the options available to the City Council for filling Council vacancies. This topic is raised by the possible departure of Mayor Dirksen for a position on Metro for which he is a candidate in the November election. I. Filling Mayoral Vacancy The Language of Tigard's charter is notable for its flexibility. Unlike charters which mandate elections or set specific timelines for City Council action to fill vacancies, the Tigard charter gives the Tigard City Council wide latitude to appoint, call for an election or leave the position vacant. Mayor Dirksen's term runs through the end of 2014. If the Mayor were to resign in order to take another elective post beginning January 1, 2013, there would be at least two years remaining in the term. (The exact amount of time left in the term would depend on the effective date of the resignation). If such a resignation occurs, a vacancy will be created and the Council options are as follows: 1. Appoint to fill the unexpired term By majority vote the Council could appoint a person to fill the unexpired term and serve as Mayor until January 1, 2014. The appointment could be of a person who is free to run for election at the end of the unexpired term or the Council could ask a prospective appointee for assurance that the person would not run for the position at the next election. Compliance with the assurance cannot be made binding. 50014 -36799 439057_1 DOCLDRF/3/19/2012 JORDAN RAMS Pc ATTORNEYS AT LAW Tigard City Council March 19, 2012 Page 2 2. Take no action The charter does not mandate the filling of a vacancy. It is possible for the Council President to serve as Mayor Pro Tem until the end of the unexpired term. Choosing not to fill the position would be very unusual in these circumstances. Leaving the position vacant might be appropriate in certain situations when the unexpired term is very short, but with two years remaining the decision not to appoint would be difficult to justify. 3. Schedule an election The Council could leave the position vacant until an election could be scheduled to fill the unexpired term. It is possible for the Mayor to submit a letter of resignation, naming a future effective date, thus allowing the Council to call for an early election on a date that would minimize the period of an unfilled vacancy. The Council could also choose to take more time to resolve the matter and set an election at any later date within the unexpired term. 4. Appoint/Schedule an election Under this option, the Council could appoint a person to serve as Mayor until an election could be held to fill the unexpired term. The appointed could be a person who intends to enter the election race or someone who has announced that they will not be a candidate. II. Resignation Issues While the charter does not address the details of a resignation, in the past, the City Council has developed key principals which the present City Council could choose to apply. The context for this discussion is the possibility that a current Council member may wish to become a candidate for Mayor, if an election to fill the vacancy is held. In order for current Council members to be candidates for the Mayoral position if a term filling election is called, they must resign from their current office at the time of filing for the Mayoral position. Such a resignation may not be withdrawn. The letter may provide for a future effective date. The resignation must provide for termination of the signer's service in the office not later than the day before service would begin for the office of Mayor. Damien Hall from the City Attorney's office will be available at the March 20, 2012 Council meeting to address questions related to these matters. 50014 -36799 439057 1 . DOC1JRF /3/ 19/2012 City of Tigard TIGARD Memorandum To: Honorable Mayor and City Council From: Cathy Wheatley, City Recorder Re: Mayor /Council Vacancies - History Date: March 19, 2012 At the March 20, 2012, meeting you will have an agenda item before you for a "Preliminary Discussion — Options for Filling a Vacancy on the City Council." In anticipation of this discussion, City Manager Wine asked me to prepare and share with the City Council some historical information on how council vacancies have been handled in the past. Attached is the following information: • Sections 7 and 8 of the Charter — vacancy process is highlighted in yellow. • Review of the situations causing a vacancy on the City Council in 2000, 2002, 2003, and 2007. The current Charter provisions were in effect when these situations occurred. Attachments I: \adm \cathy \election \election history \memo to council - history - council vacancies.doc Mayor /Council Vacancies (unexpired terms) Procedures Followed 2000 -2007 Mayor /Council vacancy procedures specified in The City of Tigard Charter, Sections 7 and 8: Section 7. Mayor and Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. 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. 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. (Res. 93 -63, May 17, 1994 election: Measure 34 -7, May 15, 1990 election: Measure 51, November 4, 1986 election: Measure 51, November 5, 1985 election: Measure 53, November 2, 1982 election: Measure 53, May 18, 1982 election). Section 8. Councilors. The councilors holding office at the time of adoption of this amendment shall hold their offices for the balance of the terms for which they were elected or appointed and until their successors are elected and qualified. At each general election after this amendment takes effect, two councilors shall be elected for four - year terms, with the two candidates receiving the highest number of votes being elected to office. In the event a vacancy exists on the City Council and a special election is called to fill the vacancy as described in Section 7 above, the candidate receiving the highest number of votes in the special election shall be deemed elected for the remainder of the vacant positions term. (Measure 34 -57, November 5, 1996 election, Res. 96 -54; Measure 53, November 2, 1982 election). -1- The current Charter provisions were in effect when the following situations occurred. 2000 Situation — Mayor Jim Nicoli passed away June 30, 2000, creating a vacancy in the position of Mayor. His term expired December 31, 2002. Option the council chose: • Recruit for applicants to serve as Mayor to serve from September 12, 2000, to the March 2001, election. • Established an interview process and interviewed applicants for the mayoral position. Selected Jim Griffith who served as the appointed Mayor until March 2001. In March 2001, Jim Griffith successfully ran to finish the remainder of Jim Nicoli's term (December 31, 2002). Procedures guided by Charter: • Allowed to appoint until next available election date. 2002 Situation — Councilor Joyce Patton moved to City of Beaverton in August 2002. Her term was due to expire December 31, 2002. Option the council chose: • Council operated as a four - member council until the end of the year. • Councilor Sherwood was elected in November to begin the full term for this position in January 2003. Procedures guided by Charter: 1. No election can be held if there is less than one year of the unexpired term remaining. 2. Council may (not shall) appoint an individual to fill a vacancy. -2- 2003 Situation: Mayor Jim Griffith passed away in November 2003. y J p y Option the council chose: • Council President Craig Dirksen was appointed as Mayor to serve from January 13, 2004 until December 31, 2004. (Resolution No. 04 -01) • Election was held on November 2, 2004, for the election of a Mayor to complete Mayor Griffith's term of office from January 2005 through December 2006. (Mayor Dirksen was elected for the remainder of the term.) • With the appointment of Councilor Dirksen to the office of Mayor for one year (2004), this left a City Council vacancy. The Council was also without a Council President. • Council members selected Councilor Nick Wilson to serve as Council President until December 31, 2004. • Council held an application and interview process and on February 24, 2004, selected Tom Woodruff to serve as City Councilor until December 31, 2004. (Councilor Woodruff subsequently successfully ran for office in November 2004 for the full four -year term, January 2005 through December 2008.) Procedures guided by Charter: 1. Appointment made for mayor's position for one year since the Charter gives Council discretion to appoint or call for an election. Council decided to do both by appointing Craig Dirksen to serve for one year and calling for an election for the last two years remaining on the late Mayor Griffith's term of office. 2. With less than one -year remaining on the term Councilor Dirksen vacated to become the appointed mayor, the City Council had the option of operating as a four - member council or appointing a City Councilor to complete the unexpired council position. The City Council chose to appoint Tom Woodruff. Because there was less than one year remaining on the term vacated by Dirksen, the City Council did not have the option of calling for an election. 2007 Situation — Councilor Sally Harding resigned April 24, 2007, to move to the east coast. Her term expired December 31, 2008. Option the Council chose: • Appointed Nick Wilson to serve until an election could be held in November 2007. • In November, 2007, Nick Wilson successfully ran to serve until December 31, 2008 (date of expiration for Harding's term). Procedures guided by Charter: 1. City Council may appoint a councilor. 2. City Council may call for a councilor candidate election if more than one year remains on the unexpired term. -3- Note the council could have chosen from these options: • The City Council could have appointed a councilor to serve until December 31, 2008, rather than calling for the election. • The City Council could have operated as a four - member council from April 2007 to December 31, 2008. • The City Council could have operated as a four - member council until the next available election dates of September 18, 2007 or November 6, 2007. -4- 1