HomeMy WebLinkAboutOrdinance No. 19936ORDINANCE NO. 19936
AN ORDINANCE CONCERNING THE MUNICIPAL COURT JUDGE;
AMENDING SECTIONS 2.011, 2.113 AND 2.776 OF THE EUGENE
CODE, 1971; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections ~8}, ~9~ and ~lo~ of Section 2.011 of the Eugene
Code, 1911, are amended to provide:
2,011 City Council -Executive Sessions.
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~8} If an executive session is called far the purpose of ~2} ~a~ of
this section, unless the pos~t~on ~s that of the presiding municipal judge ar
associate municipal judge, the names of the candidates for the position to be
f i 11 ed shal 1 be placed ~ n nomi nati on, and thereafter:
~ a} After the close of nomi nati ans, the mayor shat 1 insure
that a] 1 relevant i nfarmati on concerning each nomi nee i s avai ] abl e
to all counci 1 ors, i nc1 udi ng any written statements from or about
the nomi nee. The city manager shall cause an inquiry to be made as
to the nomi nee' s e1 i g i bi 1 i ty to serve i n the position to be f i 11 ed,
and shall make that report avai 1 abl a to the council , except when the
pos i ti an to be f i 11 ed i s that of the city manager, i n wh ~ ch event
the mayor shall cause the inquiry to be made and furnish the report
to the council.
~b~ When the counci 1 i s satisfied i t has concluded the
process of reviewing the qualifications of nominees, the presiding
officer shall cause a vote to be taken and the position shall be
filled at the next meeting of the council from among the two persons
receiving the highest number of votes for each position to be
filled.
~9~ Prior to appointing a presiding municipal judge and/or
associate municipal judge, the counci i shal 1 cause contract ~s~ for the
pos i t i on ~ s } to be prepared and advertised, and so] i c i t applications for the
positions. The counci 1 shal 1 review the appl i cati ans, and by majority vote
determine which of the applicants shall be referred tv a screening committee
nominated by the mayor and appointed by the counci 1 far interview. The screening
committee shall be composed of one person from each of the fallowing: the
University of Oregon 1 aw ,school faculty; the lane County public defender's
off ~ ce; the Lane County d~ str~ ct attorney's office; the city's department of
publ ~ c safety; the c~ ty's human rights cammi ssi on; the roster of 1 acal state or
federal judges; and the city's municipal court staff. At the time of referral,
the counci 1 shat 1 ~ nd~ sate to the screening committee the number of finalists to
be referred for consideration by the council . The screening committee shall
interview the applicants and refer the finalists to the counci 1. The counci 1
shat 1 select the presiding municipal judge and associate municipal judge from
among those f ~ nal ~ sts,
X10} At least once every two years the performance of the presiding
Ordi Hance - 1
municipal judge and associate municipal judge shall be evaluated by an evaluation
committee. The evaluation process shat 1 i ncl ude a publ i c hearing. Members of
the evaluation committee shal 1 be nominated by the mayor and appointed by the
council . The committee shat 1 be composed of one person from each of the
f of l owi ng: the University of Oregon 1 aw school faculty; the lane County pubs i c
defender's office; the lane County district attorney's office; the city's human
rights commission; and the roster of local state or federal judges. The
evaluation report shall be submitted to and accepted by the council . Sai ari es
of the presiding municipal judge and associate municipal judge shall be reviewed
as part of the city's budget process, and a wri tten recommendation of proposed
rates shall be submitted to the council.
Section 2. Sections 2.113 and 2.116 of the Eugene Code, 1911, are amended
to provide:
2.713 Munici a1 Court - Presidin and Associate Munici a1 Jud e•
Qual i f i cati ans and Term of Office.
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~ 1 } Except as provided i n this section the presiding municipal
judge and associate municipal judge shall be appointed by the council for a term
of four years, who shall be independent contractors, and not officers or
employees of the city. Each shall be an active member of the Oregon State Bar
with at 1 east five years experience as a practi ci ng attorney. The presiding
municipa] judge shall be a resident of or maintain a principal office within the
city.
~2} Should the position of presiding or associate municipal judge
became vacant for whatever cause, the council shall appoint an acting presiding
or associate municipal judge from among the assistant municipal judges then
serving i n municipal court to serve unti 1 such time as a qual i f i ed successor i s
selected to complete the unexpired portion of the term of appointment. The
successor to be selected as provided in subsection ~9} of section 2.011 of this
chapter.
~3 } Notwithstanding the provisions of subsection ~ 1 } of thi s
section, the position of presiding municipal judge or associate municipal judge
is vacant when the person filling the position:
~a} resigns, dies or is incapacitated;
fib} ceases to be an active member in good standing of the
Oregon State Bar;
~c} ,ceases to be a res i dent of or mai ntai n a pri nci pal
office w~th~n the city; ar
~d} i s removed by action of the counci 1, with or without
cause, upon 10 days written notice.
2.116 Municipal Court -Assistant Judges: Appointment and Compensation.
~1} The presiding municipal judge, in consultation with the
associate municipal judge, i s hereby authorized to appoint assistant municipai
3udges, frarn active members of the Oregon State Bar Association, approved by that
Association and i n good standing, as he or she shall determine necessary from
time to time to hold office and conduct sessions of the municipal court.
~ 2 } Upon recommendation of the presiding municipal judge, the city
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manager shall determine the compensation to be paid any assistant judge so
appointed. The total amount paid to all assistant judges shall not exceed
existing budget al 1 ocati ons identified for that purpose unless otherwise approved
by the city council.
Section 3. The City Recorder, at the request of , or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1911, to the
provisions added, amended or repealed herein.
Section 4. That the matters contained herein concern the public health,
we]fare and safety and therefore, an emergency is hereby declared to exist, and
this Ordinance shat 1 become effectively immedi ate]y upon its adoption by the
Counci 1 and approval by the Mayor, retention by the Mayor for mare than ten days,
or readopti on over a Mayoral veto by two-thirds of all members of the City
Council .
Passed by the City Council this
25th day of October, 1993
City R order
Approved by the Mayor this
ZSth day of October, 1993
Mayor
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