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HomeMy WebLinkAboutResolution No. 5463COUNCIL RESOLUTION NO. 5463 A RESOLUTION CALLING A CITY ELECTION ON MAY 19, 2026, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE REMOVING GENDER-SPECIFIC PRONOUNS FROM THE EUGENE CHARTER. PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Evans CONSIDERED: November 19, 2025 • RESOLUTION NO. 5463 A RESOLUTION CALLING A CITY ELECTION ON MAY 19, 2026, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE REMOVING GENDER-SPECIFIC PRONOUNS FROM THE EUGENE CHARTER. The City Council of the City of Eugene finds as follows: A.Sections 6, 7, 8, 12, 33, 48 and Subsections 14(6), 16(1)(a), 16(2)(h), 23(b)(l), and 54(8.3)(A) of the Eugene Charter contain gender-specific pronouns when referring to individuals holding elected or appointment positions within the City. B.Replacing gender-specific language with either the title of the position or gender- neutral pronouns will remove ambiguity and help modernize the City Charter. C.The City Council finds it would be in the public interest to submit to the electors of the City a measure that would amend Sections 6, 7, 8, 12, 33, 48 and Subsections 14(6), 16(1)(a), 16(2)(h), 23(b )(1 ), and 54(8.3)(A) of the Eugene Charter to replace gender-specific pronouns with either references to the specific positions or with gender-neutral pronouns. 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 referring to the legal electors of the City of Eugene the measure attached as Exhibit A proposing a Charter amendment to replace gender-specific pronouns with either references to the specific positions or with gender-neutral pronouns. Section 2. The City Council orders this city election to be held in the City of Eugene, Oregon, concurrently with the statewide election on May 19, 2026, 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. 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. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 19th day of November, 2025. Resolution -Page 1 of 1 ~ /c-e;onler EXHIBIT A MEASURE ---- Sections 6, 7, 8, 12, 33, 48 and Subsections 14(6), 16(1)(a), 16(2)(h), 23(b)(l), and 54(8.3)(A) of the Eugene Charter of 1976 are hereby amended as follows. (Language to be deleted/ram 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.) Section 6. Council -Election. The councilors shall be elected by wards for four years, one- half each two years. Each councilor shall hold office until [his or her] a successor is elected and qualified. Section 7. Mayor -Election. A mayor shall be elected in 2004 and every fourth year thereafter for a term of four years, and shall serve until [his or her] a successor is elected and qualified. Section 8. Council -Qualifications. During a councilor's term, the councilor shall reside in the ward from which the councilor was elected or to which [he or she] the councilor was appointed. In addition, to be elected or appointed as a councilor, a person must meet the qualifications described in Section 19. Section 12. Mayor -Functions. The mayor may call special meetings of the council and shall preside at council meetings, but may not vote on matters before the council, except in case of a tie, when [he or she] the mayor shall cast the deciding vote. The mayor shall, at least once each year, state to the council the condition of the city and recommend such measures for the peace, health, improvement, and prosperity of the city as [he or she] the mayor deems expedient. Section 14. Council -Ethics and Conflicts oflnterest. (1) The purpose of city government is to serve the public. City officials shall treat their office as a public trust. The city's powers and resources shall be used for the benefit of the public rather than for any official's personal benefit. City officials shall afford even- handed consideration and treatment to all citizens. (2) The council shall, by ordinance, enact a code of ethics applicable to the mayor, councilors, the city manager, and any others designated by council. At a minimum, the code shall provide that any official subject to the code must disclose the reason for any potential or actual conflict of interest and may not discuss, debate or vote as a public official on any matter in which the official has an actual conflict of interest. (3) No elected city official shall discuss, debate or vote as a public official on any decision regarding a contract, the expenses of which are to be paid with city funds, if any of the following persons has a financial interest in the contract: the official; the official's spouse or domestic partner; or the parent, sibling or child of the elected official, the official's spouse or the official's domestic partner. In addition, no elected city official shall discuss, debate or vote on any such decision if the official knows that the official's business associate has a financial interest in the contract. For purposes of this provision, "financial interest" includes any Exhibit A -Page 1 of 4 reasonable, objective expectation of financial gain or avoidance of financial detriment. ( 4) The council shall define by ordinance the terms "domestic partner" and "business associate" for purposes of subsection (3) of this section. (5) Any contract with respect to which an elected official violates subsection (3) of this section is voidable at the discretion of the council. (6) Any elected official who violates the code of ethics adopted pursuant to subsection (2) or the prohibitions of subsection (3) of this section may be removed from [ffi-5-0f OOF] their position upon a finding by the council that the official committed the violation intentionally and for the purpose of obtaining or maintaining a personal financial benefit for, or avoiding a financial detriment to, any of the persons listed in subsection (3) of this section. Section 16. City Manager. (1) (a) The city council shall appoint a city manager and fix [his or her] the city manager's compensation and conditions of employment. (b) If the office of manager becomes vacant, the mayor shall appoint a manager pro tern. The manager pro tern shall have all functions of the manager, but may appoint or dismiss a department head only with the approval of the council. The tenn of office of a manager pro tern ends when a city manager takes office. ( c) The manager shall be the administrative head of the city and be chosen solely on the basis of executive and administrative qualifications. ( d) The manager and such other appointed officers as the council designates may sit with the council but have no vote therein. The manager may take part in the discussion of all matters coming before the council. (e) No councilor nor the mayor may in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence the manager in the making of any appointment or any removal of city personnel or in the purchase of supplies, nor may any councilor or the mayor exact any promise relative to any appointment by a city manager or discuss, directly or indirectly, with the manager or any candidate for the office of manager any appointment by the manager. Violation of this section forfeits the office of the violating elected officer, who may be removed by the council or any court of competent jurisdiction. The mayor and council may, however, in open council session, discuss with or suggest to the manager anything pe1iaining to city affairs and in executive session discuss matters pertaining to collective bargaining. (2) The city manager shall: (a) propose the budget; (b) make all purchases; ( c) appoint and remove all employees except as otherwise specified in this charter. After accepting the resignation of, appointing, or dismissing a department director, the city manager shall explain to the council the reasons for the action taken. Unless prohibited by law, the reports required by this subsection may be made to the council in executive session; ( d) enforce all ordinances; ( e) act as business agent for the council for the sale of real estate and other matters relating to franchises, leases, and other business and property transactions; (f) prepare and furnish all reports requested by the council; (g) perfonn such other duties as the council directs; and (h) organize and, as [he or she] the city manager deems necessary, Exhibit A -Page 2 of 4 disband and reorganize the various city departments. Section 23. Vacancies: Occupancy. The office of mayor or office of city councilor becomes vacant: (a) Upon the incumbent's: 1. Death; 2. Adjudicated incompetence; 3. Recall from office; 4. Resignation from office. (b) Upon declaration by the council of the vacancy in case of the incumbent's: 1. Failure, following election or appointment to the office, to qualify for the office within ten days after the time for [his or her] the term of office to begin; 2. Absence from the city for 30 days without the council's consent or from all meetings of the council within a 30-day period, without the council's consent; 3. If a councilor, ceasing to reside in the ward from which elected; if the mayor, ceasing to reside in the city; 4. Ceasing to be qualified elector under state law; or 5. After election, conviction of an offense pertaining to the office. Section 33. Wards. The council shall divide the city into wards and redefine the boundaries thereof as necessary to accord persons in the city the equal protection of the laws. No person may vote at a city election in a ward other than that in which [he or she] the person resides. Section 48. Presumption of Validity of City Action. In every proceeding in any court concerning the exercise or enforcement by the city or any of its officers or employees or agencies of any power by this act given to the city or any of its officers or employees or agencies, all acts by the city or any of its officers, employees or agencies shall be presumed to be valid, and no en-or or omission in any such act invalidates it, unless the person attacking it alleges and proves that [he or she] the person has been misled by the error or omission to [his or her] the person's damage; and the court shall disregard every error or omission which does not affect a substantial right of the person. Any action by this charter committed to the discretion of the council, when taken, shall be final and shall not be reviewed or called into question elsewhere. Section 54. Amendment IV ARTICLE VIII -ENFORCEMENT Section 8.3 Citizen enforcement. A. Any person may petition to the Toxics Board on [her/his] the person's own behalf against a hazardous substance user or person for failure to comply with any of the terms of this Section. The Toxics Board shall set fotih procedures by which persons may petition the Toxics Board. Exhibit A -Page 3 of 4 B. The Toxics Board must issue a decision in response to a petition within 45 days of receiving the petition. If the Toxics Board fails to issue a decision within 45 days, the petition shall be deemed denied on the 45th day for the purpose of exhaustion of remedies and may be judicially reviewed pursuant to Section 8.l(B). C. The petitioner must notify the Toxics Board and alleged violator ten days prior to seeking judicial review, except that such action may be brought immediately after such notification in the case of an action under this Section respecting an emergency posing a significant risk to the well- being of workers, people present in the community, or any species of fish or wildlife or plants. D. No action may be commenced under paragraph A of this Section if the City of Eugene has commenced an action to impose a penalty pursuant to Section 8.2 and is pursuing a prompt resolution of that action. Exhibit A -Page 4 of 4