06/28/1976 Meeting - Laserfiche WebLink

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. I n the case of a vacancy in any electi ve office, Mayor -Anderson wondered about providing that an appointed replacement would serve until the next general ,- election, with an elected representative then filling out the balance of the term e vacated, rather than the appointee automatically serving the balance of the term vacated. It was noted that Sect:ion 24 deals with that matter. Section 2~. Vacancies - ,Filling, states that e:.~e Council "shall fill a vacancy in an elective city office by appointJrent wi thin ninety days after the vacancy occurs. A person - so appointed shall hold office until the beginning of the first year; after the next regular biennial November election and until the successor Comm to the office is duly elected and qualifies therefor. The term of office 6/16/76 of any person appointed or elected to fill such a vacancy shall expire when File the term' of the person whose death, relOOval or resignation causes the vacancy would have expired had that person' continued in the office." It was agreed that the language in Section 24 was somewhat ambiguous and possibly conI li9ting. The City Attorney's office will rework it. It was understood review of the charter would continue at the June 23 Committee meeting. Pro-Posed CharteF - Informa-tion was transmitted to Counci"[ June 16. Ci ty Attorney's office has provided additional information on the section on Powers, including information on cities in Oregon which have charters with general grants of powers. Orval Etter, Ci ty Attorney's office, has suggested the new wording in Section 24 - Vacancies~Filling. He suggested rerroving the words "appointed or" from the last sentence in that section. That rewording would clear up the - ambiguity in that section and would provide that a person appointed to fill a vacancy in an electiv~ office would serve only until the next election, not to the end of the term vacated. . Sections 9 and 10 were reviewed. On Section 9, Mr. Williams wondered whether all cOU(1cil meetings are to be held in City Hall. It was understood the City Attorne'g will research whether that option should be preserved as being ,llDre consi'stent with open government. On Section 10, Mr. Williams questioned the wording that an absent member can be compelled to attend. It would seem that could result in some liability. Assistant Manager commented that, for political reasons, one member could boycott the meeting and prevent council from conducting its business, whic~ could cripple the city's operations. Comm City Attorney Orval Etter said the word compel is very broad terminology, 6/23/76 leaving much latitude; and Stan Long felt there would be some obligation to File "behave reasonably", but the Attorney's office will look at the matter of liability. Sections 11, 12 and 13 were reviewed. Section 13 provides that a council president shall be chosen the January following a November general election. At Mayor Anderson's suggestion, it was understood the sentence would read, "the first meeting in January of each year", to conform to present practice. - Sectiors 14,and 15 were reviewed. Section 15 states that a council member may not: be "questioned in any other place for words uttered in debate in the Council". Mr. Etter said this provision has been in the charter since 1905 and most likely means a person ~~y not be harrassed in some other way than by a law suit. It was understood the city attorney's office would look at this provision, which 33~ 6/28/76 - 21 - -- --- - -