CHARTER
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.
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