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HomeMy WebLinkAbout11/21/1991 Meeting e M I NUT E S Eugene City Council 777 Pearl Street--Council Chamber November 21, 1991 11 a.m. COUNCILORS PRESENT: Roger Rutan (until 12:03 p.m.), Shawn Boles, Ruth Bascom, Debra Ehrman, Bobby Green, Randy MacDonald (after 11:10 a.m.), Paul Nicholson, Kaye Robinette. ABSENT: Mayor Jeff Miller. The special meeting of the Eugene City Council was called to order by Council President Roger Rutan. 1. APPEAL OF BALLOT TITLE, MUNICIPAL GOVERNMENT Mr. Rutan emphasized the importance of carrying out the council's duties as mandated by State law. He advised the appellant to refrain from personal attacks and nonsubstantive discussion in order to allow the council to fulfill e its duties. David R. Sweet, 75 East 39th Place, objected to the ballot title issued by the City Attorney on November 19 relating to a prospective petition filed on November 14 because it began with a negative statement, referred to payment of the Mayor, and used the words "expanded power." He maintained that the Mayor's power would not be expanded beyond that of the current City Manager's. As an alternative, Mr. Sweet proposed the following title, "The Mayor becomes administrative head of the City; City Manager eliminated." Mr. Sweet suggested deleting the word "paid" from the ballot question prepared by the City Attorney and replacing ". . . without Council appointed City Manager" with ". . . and eliminating City Manager." Regarding the ballot explanation, Mr. Sweet considered it false and misrepre- sentative and proposed deleting everything in the second paragraph except "Measure eliminates City Manager. Requires vacancy in Mayor's office be filled by special election." City Attorney Bill Gary addressed procedural matters relating to ballot title certification and appeal. Because the appeal filed by Mr. Sweet objected only to the title and not the question or explanation, Mr. Gary questioned whether the balance of the points raised by Mr. Sweet were legitimately before the council . e MINUTES--Eugene City Council November 21, 1991 Page 1 Special Meeting e Councilors agreed to consider all aspects of the proposed ballot measure. Mr. Gary said the ballot title, question, and explanation need to explain to the voters the nature of the changes that the measure would effect. He de- scribed those as three major policy shifts: 1) the center of power would shift from the council to the Mayor; 2) the Mayor's power would be expanded; and 3) anti-patronage provisions of Section 16 of the City Charter would be eliminated, making government positions political appointments. Mr. Gary explained that his charge in preparing the ballot information was not to provide arguments for or against but to describe the major changes that would result from passage of the measure. He maintained that the move from a "Council/Manager" style of government and the compensation of an elected official were the most significant of those changes. Mr. Sweet accused the City Attorney's Office of a conflict of interest arising from its involvement in a class action suit, and said that the proposed ballot measure was an issue that would be decided by Eugene's citizens. Councilors discussed what should be included as the most significant changes the measure would effect. At 12:03 p.m., Mr. Rutan left the meeting and Council Vice President Boles assumed the chair. After suggesting several alternatives for the wording of the ballot title, councilors agreed to the following: "Eliminates Council/Manager government; e paid Mayor assumes administrative/executive duties." With Ms. Bascom continuing to prefer different wording, councilors generally agreed that the ballot question should ask, "Shall City Charter be revised adopting new form of government, administered by Mayor and eliminating Coun- cil-appointed City Manager position?" With objections to parts of sentences being voiced by councilors, the follow- ing Ballot Explanation was proposed: Revises City Charter and adopts new form of government. Current charter establishes Council/Manager government, vesting most power in elected Council. Council appoints and dismisses City Manager who oversees City operations. Manager is accountable to Council. Unpaid, elected Mayor presides at Council, breaks tie votes, has veto power. Measure eliminates City Manager, combining Manager's administrative duties with Mayor's pre-existing legislative and executive powers. Mayor becomes paid position. Removes restrictions and safeguards on administrative powers. Requires vacancy in Mayor's office be filled by special election. e MINUTES--Eugene City Council November 21, 1991 Page 2 Special Meeting e Ms. Ehrman moved, seconded by Ms. Bascom, that the proposed ballot title, question, and explanation be replaced with what had been crafted by the council. Mr. Nicholson moved, seconded by Mr. MacDonald, to remove the sentence in the explanation that referred to the manager's accountability. Mr. Nicholson argued that accountability is part of the debate, not the expla- nation, of this issue. Mr. MacDonald maintained that reference to appointment and dismissal adequately implies accountability. The amendment failed, 5:2, with Councilors Nicholson and MacDonald voting in favor. Ms. Ehrman moved, seconded by Mr. Nicholson, to delete the first sentence of the explanation and add a final sentence reading: "Administrative Mayor is accountable to the elector- ate." The motion failed, 5:2, with Councilors Ehrman and Green voting in favor. The motion to accept the ballot title, question, and explana- tion as proposed by the council passed, 6:1, with Councilor Nicholson voting in opposition. The meeting adjourned at 1:12 p.m. e Respectfully submitte .......~~ /~- , .'---, (~---~~ .~.,...~ --'" ~ Micheal Gleason, City Manager (Recorded by Mary Feldman) mncc 112191 e MINUTES--Eugene City Council November 21, 1991 Page 3 Special Meeting - '-"'" .- -~ .- ~ ..-