Resolution No. 4733 - Laserfiche WebLink

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EXHIBIT A MEASURE Section 26 of the Eugene Charter of 1976 is hereby amended to provide as follows: (Language to be stricken from the current Charter is indicated in brackets with strike-out; language to be added to the current Charter is indicated in bold, italic print; language that is neither struck- out nor bold-italic is current Charter language that is unchanged by this measure. The housekeeping measure submitted to the electors also contains minor amendments to Section 26. In the event both the housekeeping measure and this measure are approved, this measure shall control. ) Section 26. Liability for Unauthorized Expenditures. [(1) A city officGr ~ho pa11icipatGs in, advisGs, conSGnts to, 01 allows airy tax, aSSGSSlnGnt, or othGr mOllGY ofthG city to bG divGrtGd to a1ry pmpOSG othGr than thG OIlG for whiGh it is assGssGd, collGGtcd, r aiscd, or k v iGd is guilty of [nalfr,aSa11CG in officG and r GlllO vabk fr 0111 office thGrGfol as provided by law. (2) Al1Jolle holding, ill good faith a11d fol a valuabk considGlation, any void ev idGllCe of debt against thG city shall havG thG right of a personal action against any and all mGl11bGrs of the conncil 01 the mGmbers of al1J dGpartlncnt ofthG city who votGd fOl, appiovGd of, or dircGted its issuance. (J) If any tax, assGssmGlrt, or othGl [nonG, is di v GrtGd frolH the purpOSG for which it is assGsscd, collcctcd, raised, 01 k v iGd, or if any IHoney is unla wfully used, 01 if any void G v idencG of dcbt is paid, any qualifiGd Gkctor or taxpa'Gr ofthG city shall havG thG right of a civil actioll, in the namG of the city, against a1ry officGI voting for, apprOving of, or in aIry way dirccting the divGrsion, unlawful use, or void paymGlrt, for the rCCOvGry of the amount, with interGst, fOl the b"ll"fit of the city.] (1) It is unlawful for any city official or employee to expend or approve the expenditure or diversion of any moneys held by the city in excess of the amounts authorized by law or for any unauthorized purpose. (2) Any city official or employee who knowingly or with gross negligence participates in an unlawful expenditure or diversion ofmoneys, as described in subsection (1) of this section, is guilty of malfeasance in office and may be removed from office pursuant to procedures provided by law. (3) Any person who, in good faith and for valuable consideration, holds evidence of debt by the city that is void because it was unlawfully issued, shall have a right of action against the responsible city official or employee personally to recover on the evidence of debt, if the official or employee is guilty of malfeasance in office. (4) In case of any unlawful expenditure or diversion ofmoneys, as described in subsection (1) of this section, any qualified elector or taxpayer of the city shall have a right of action against the responsible city official or employee personally to recover the amount unlawfully spent or diverted, with interest, for the benefit of the city, if the official or employee is guilty of malfeasance in office. Exhibit A