CC Minutes - 03/10/08 Public Hearing

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(1)(b) The time for voting on an initiative measure submitted to the electors under subsection (1) of the section shall be the first primary or general election held more than 90 days after the City Recorder’s certification of the completed petition under section 2.979 of this code, unless the council calls for an earlier special election on the measure. The special election called by the council may not be held earlier than 66 days after the City Recorder’s certification of the com- pleted petition. (2)(b) An election on legislation referred to the electors by petition shall be held on the next available election date as described in ORS 221.230(1) or successor statutes that is not sooner th than the 90 day after the City Recorder’s certification of the completed referendum petition un- der section 2.979 of the code, unless the council calls an earlier or later special election on the measure. The special election called by the council may not be held earlier than 66 days after the City Recorder’s certification of the completed petition. (3) The time for voting on legislation referred to the electors by the council shall be the first primary or general election held more than 90 days after the date that council orders the legisla- tion referred under section 2.972 of this code, unless the council calls an earlier special or emer- gency election on the measure. In any event, an election on a council-referred measure may not be held earlier than 90 days after the date that the council orders the legislation referred. City Attorney Jerome Lidz noted that even with the possibility of calling an emergency election on a council-referred measure the election still had to be 90 days from the date the council referred the measure to the ballot. He explained that under State law the council could call an election at any of the regular dates during the year or make findings that there was an emergency that necessitated an election at another time. He said the amendment would limit the council’s ability to call an emergency election to council-referred measures, as opposed to initiatives and referen- dums. Councilor Clark asked for clarification of the legislative intent of the motion. Councilor Bettman stated the current language would permit the council to call a special election for a citizen referral or initiative, which was not necessary and allowed considerable discretion on the part of the council. She said there could be a council at some point that could abuse that and her intent was to limit that ability to council-referred measures and make that distinction in the definition of elections. Councilor Pryor understood that adding the concept of an emergency or special election that could be held at any time the council specified, required some additional controls on when that could be triggered. Councilor Bettman reiterated that her amendment would take away the temptation from future councils to use discretion outside of the existing election schedule to control the scheduling of citizen initiatives or referendums, thereby removing predictability and fair process from the community. Roll call vote; the motion passed unanimously, 6:0. Councilor Bettman proposed a friendly amendment to amend proposed subsection 2.973(2) by in- serting a comma following the world “shall” and substituting “as soon as possible” for the word “immediately.” Councilor Pryor accepted the friendly amendment. MINUTES—Eugene City Council March 10, 2008 Page 6 Public Hearing