HomeMy WebLinkAboutResolution No. 4733
RESOLUTION NO. 4733
A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 5, 2002,
FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF
THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE
CHARTER OF 1976 CONCERNING LIABILITY FOR UNAUTHORIZED
EXPENDITURES.
The City Council of the City of Eugene finds as follows:
A. On August 7, 2000, the Eugene City Council created a nine-member Citizen Charter
Review Committee (the Committee) to review specific sections, as well as a general review, of the
Eugene Charter of 1976. The Committee was appointed by the City Council on December 11,2000.
B. The Committee met throughout 2001, and on January 14, 2002, presented its final
recommendations to the City Council. The Committee suggested that "housekeeping" amendments
to the Eugene Charter of 1976 be placed on the ballot as a single measure and the other, more
substantial amendments be presented to the voters as separate questions.
C. On June 24 and June 25, 2002, the City Council provided direction regarding the
amendment to Section 26 of the Eugene Charter of 1976, and on July 8, 2002, during a work session,
the City Council approved language regarding the amendment. It would be a substantial amendment
to the Charter. The housekeeping measure being submitted also contains minor amendments to
Section 26. In the event both the housekeeping measure and this measure are approved, this measure
shall control.
D. It would be in the public interest to submit to the legal electors of the City a measure
amending Section 26 of the Eugene Charter of 1976, as described in Exhibit A attached hereto.
NOW, THEREFORE, based upon the above findings,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. A city election is called for the purpose of submitting to the qualified electors
of the City of Eugene a measure, attached as Exhibit A hereto, concerning the amendment of Section
26 of the Eugene Charter of 1976.
Section 2. The City Council orders a city election to be held in the City of Eugene,
Oregon, on the 5th day of November, 2002, in accordance with the provisions of Chapter 254 of the
Oregon Revised Statutes, and the ballots shall be counted and tabulated and the results certified as
provided by law.
Resolution - 1
Section 3. The City Recorder is directed to give not less than ten days' notice of the city
election by publication of one notice in the Register Guard, a newspaper published in the City and
of general circulation within the City.
The foregoing Resolution adopted this 31st day of July, 2002.
.5J ~
Deputy City Recorder
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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