Chapter V POWERS AND DUTIES OF OFFICERS

Section 21 Mayor.

Section 22 Municipal judge.

Section 23 Recorder.

Section 24 City Manager.


Section 21 Mayor.

The mayor shall appoint the committees provided by the rules of the council. The mayor shall sign all approved records of proceedings of the council. The mayor shall have no veto power and shall sign all ordinances passed by the council within three days after their passing. After the council approves a bond of a city officer or a bond for a license, contract, or proposal, the mayor shall endorse the bond.

Section 22 Municipal judge.

The municipal judge shall be the judicial officer of the city who is admitted to practice law within the State of Oregon. The municipal judge shall hold within the city a court known as the municipal court for the city of Carlton, Yamhill County, Oregon. The court shall be open for the transaction of judicial business at times specified by the council. All area within the city shall be within the territorial jurisdiction of the court. The municipal judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the city. The municipal judge shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the city, to commit any such person to jail or admit him or her to bail pending trial, to issue subpoenas to compel witnesses to appear and testify in court on the trial of any cause before him or her, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and other for contempt of the court. When not governed by ordinances of this charter, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts.

Section 23 Recorder.

The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom, keep an accurate record of its proceedings in a book provided for that purpose, and sign all orders on the treasury. In the recorder’s absence from a council meeting, the mayor shall appoint a clerk of the council pro tem who, while acting in that capacity, shall have all the authority and duties of the recorder. The recorder shall receive and keep the funds and moneys of the city, by taxation or otherwise, and pay out the same in the manner authorized by ordinance adopted by the council, the recorder shall also keep an account of the general fund, and a separate account of each special fund of the city.

Section 24 City Manager.

(1) Qualifications. The city manager shall be the administrative head of the government of the City. The manager shall be chosen by the Council without regard to political considerations and solely with reference to executive and administrative qualifications. The manager need not be a resident of the State at the time of appointment, but promptly thereafter, if required by the Council, shall become and during her or his tenure remain a resident of the City. Before taking office, the manager shall file with the Mayor a bond for faithful performance of his or her duties as manager, payable to the City in the amount determined by the Council by ordinance, the premium of which the City shall pay. The bond shall be to the satisfaction of the Council.

(2) Term. The manager shall be appointed for either a contract term or an indefinite term and may be removed at the pleasure of the Council. Upon any vacancy occurring in the office of the manager subsequently to the first appointment pursuant to this Charter, the Council at its next meeting shall adopt a motion or resolution of intent to appoint another manager. No such appointment shall be made until at least four weeks elapse after the motion or resolution is adopted.

(3) Powers and duties. The powers and duties of the manager shall be as follows:

(a) The manager shall devote her or his entire time to the discharge of official duties, attend all meetings of the Council, unless excused therefrom by the Council or the Mayor, keep the Council advised at all times of the affairs and needs of the City, and make reports quarterly, or more frequently if requested by the Council, of all the affairs and departments of the City.

(b) The manager shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are observed.

(c) Subject to the Consent of the Council for specified positions, S/he shall appoint all appointive City officers and employees as this Charter otherwise provides, and shall have general supervision and control over them and their work, with power to transfer an employee from one department to another, and shall exercise supervision and control over the departments, to the end of obtaining the utmost efficiency in each of them. S/he shall have no control, however, over the Council or the judicial activities of the Municipal Judge. Subject to prior consultation with the City Attorney, and the consent of the Council, S/he may remove an employee of the City for cause pursuant to applicable disciplinary rules and procedures.

(d) The manager shall act as purchasing agent for all departments of the City.

(e) The manager shall be responsible for preparing and submitting to the Budget Committee the annual budget estimates and such reports as that body requests.

(f) The manager shall supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.

(g) The manager shall perform such other duties as may be required by this Charter or as the Council may require by ordinance, policy or resolution.

(4) Seats at Council meetings. The manager and such other officers as the Council designates shall be entitled to sit with the Council, but shall have no vote on questions before the Council. The manager may take part in the discussion of all matters before it.

(5) Manager pro tem. In case of the manager’s absence from the City, or a temporary disability to act as manager, or of the manager’s discharge by the Council, or resignation, the Council shall appoint a manager pro tem, who shall possess the powers and duties of the manager. No manager pro tem, however, shall have the power to appoint or remove any City officer or employee.

(6) Ineligible persons. No person related to the manager or his or her spouse by consanguinity or affinity with the third degree, nor the spouse, shall hold any appointive office of the city.