CITY OF PHOENIX CHARTER

Approved in a Special Election on May 19, 2009

CITY OF PHOENIX CHARTER

PREAMBLE

            We, the people of Phoenix, Oregon, in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible under the constitutions and laws of the United States and the state of Oregon, through this charter confer upon the city the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure, and repeal all previous charter provisions of the city.

CHAPTER I

          NAMES AND BOUNDARIES

Section 1. Title. This charter may be referred to as the 2009 Phoenix Charter.

Section 2. Name. The city of Phoenix, Oregon, continues as a municipal corporation with the name City of Phoenix.

Section 3. Boundaries.  The city includes all territory within its boundaries as they now exist or hereafter are modified pursuant to state law.  The custodian of the city’s records shall keep an accurate, current description of the boundaries and make a copy of it available for public inspection in the city during regular city office hours.

CHAPTER II

POWERS

Section 4. Powers.   The city has all powers that the constitutions, statutes, and common law of the United States and of this state now or hereafter expressly or impliedly grant or allow the city, as fully as though this charter specifically enumerated each of those powers.

Section 5.  Construction of Powers.  The charter will be liberally construed so that the city may exercise fully all powers possible under this charter and under United States and Oregon law. All powers are continuing unless a specific grant of powers clearly indicates the contrary.

Section 6.  Distribution of Powers.  Except as this charter prescribes otherwise, and as the Oregon Constitution reserves initiative and referendum powers as to all municipal legislation to city voters, this charter vests all other city powers in the council. The council has legislative, administrative and quasi-judicial authority. The council exercises legislative authority by ordinance, administrative authority by resolution, and quasi-judicial authority by order.  The council may not delegate its authority to adopt ordinances.

CHAPTER III

FORM OF GOVERNMENT

Section 7.  Council.  The council consists of a mayor and six councilors nominated and elected from the city at large.

Section 8. Mayor. The mayor presides over and facilitates council meetings, preserves order, enforces council rules, determines the order of business under council rules, votes in case of a tie, and has no veto authority. With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. The mayor must sign all records of council decisions and serves as the political head of the city government.

Section 9. Council President. At its first meeting each year, the council must elect a president from its membership. The president presides in the absence of the mayor, acts as mayor when the mayor is unable to perform mayoral duties, and becomes mayor when there is a vacancy in the office of mayor. Upon the Council President’s ascendancy to mayor, the council vice president becomes council president and the council must elect a new council vice president from its membership.

Section 10. Council Vice President. At its first meeting each year, the council shall appoint a vice president from its membership. The vice president presides in the absence of the mayor and council president and acts as mayor when the mayor and council president are unable to perform mayoral duties.

Section 11. Rules. The council must by resolution adopt rules to govern its meetings.

Section 12. Meetings. The council must meet in the city regularly at least once a month at a time and place designated by council’s rules, and may meet at other times in accordance with the rules.

Section 13. Quorum.  Except as provided in Section 33, (Vacancies, Filling), four council members shall constitute a quorum and be necessary to conduct business.  However, a smaller number of council members may meet and compel attendance of absent councilors as prescribed by council rules.  As set forth in Section 33, (Vacancies, Filling), of this charter, a vacancy in the council shall be filled by appointment by a majority of the remaining council members, regardless of the actual number of remaining councilors.

Section 14. Vote Required. Except as this charter prescribes otherwise, the express concurrence of a majority of the council members present and constituting a quorum, is necessary to decide affirmatively a question before the council.

Section 15. Record of Proceedings. A record of council proceedings shall be kept by some mechanical device, as well as manually. The mechanical record shall be retained as provided for by state law.

Section 16. Ordinances. The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state “The city of Phoenix ordains as follows.”

Section 17. Ordinance Adoption.

(1) Except as authorized by subsection (b), adoption of an ordinance requires approval by a majority of the council at two meetings.

(2)  If it contains an emergency clause, the council may adopt an ordinance at a single meeting by the unanimous approval of at least a quorum of the council.

(3)  Any amendment to a proposed ordinance must be read aloud or made available in writing to the public before the council adopts the ordinance at that meeting.

(4) After the adoption of an ordinance, the vote of each member must be entered into the council minutes.

(5)  After adoption of an ordinance, the city custodian of records must endorse it with the date of adoption and the custodian’s name and title.

(6)  An ordinance may be suspended pursuant to Oregon State Law.

Section 18. Effective Date of Ordinance. Ordinances ordinarily take effect on the 30^th day after adoption, or on a later date as provided in the ordinance.  An ordinance that contains an emergency clause shall take effect as soon as it is adopted or on such later date specified in the ordinance.

CHAPTER IV

ADMINISTRATIVE AUTHORITY

Section 19. Resolutions.  The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions must state “The City of Phoenix resolves as follows.”

Section 20. Resolution Approval

(1)  Approval of a resolution or any other council administrative decision may be approved by

the council at one meeting.

(2)  Any amendment to a resolution must be read aloud or made available in writing to the public before the council adopts the resolution at the meeting.

(3) After approval of a resolution or other administrative decision, the vote of each member must            be entered into the council minutes.

(4) After approval of a resolution, the city custodian of records must endorse it with the date of  approval and the custodian’s name and title.

Section 21.  Effective date of Resolution. Resolutions and other administrative decisions take effect on the date of approval or on a later day provided in the resolution.

CHAPTER V

QUASI-JUDICIAL AUTHORIY

Section 22. Orders. The council will normally exercise its quasi-judicial authority by approving orders. The approving clause for orders may state “The City of Phoenix orders as follows.”

Section 23. Order Approval.

(1) Approval of an order or any other council quasi-judicial decision may be approved by the council at one meeting.

(2) Any amendment to an order must be read aloud or made available in writing to the public at the meeting before the council adopts the order.

(3) After approval of an order or other council quasi-judicial decision, the vote of each member

must be entered in the council minutes.

(4) After approval of an order, the city custodian of records must endorse it with the date of approval and the custodian’s name and title.

Section 24. Effective Date of Orders. Orders and other quasi-judicial decisions take effect on the date of final approval, or on a later day provided in the order.

CHAPTER VI

ELECTIONS

Section 25. State Law. Except as this charter or a city ordinance prescribes to the contrary, a city election shall conform to state law applicable to the election. All elections for city offices must be nonpartisan.

Section 26. Councilors. The term of a councilor in office when this charter is adopted is the term for which the councilor was elected or appointed. At each general election preceding the expiration of their terms of office, three councilors shall be elected each for a four year term.

Section 27. Mayor. The term of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after adoption. At a general election preceding the expiration of the mayor’s term in office, a mayor shall be elected for a two year term.

Section 28. Term of Office. The term of office of an elective officer who is elected at a general election begins at the first council meeting of the year immediately after the election and continues until the successor to the office assumes the office.

Section 29. Prerequisite.

(1)     An elective city officer shall be a qualified elector under the state constitution and shall have

 resided in the city limits during the 12 months immediately before being elected or appointed to the office.

(2)     No person may be a candidate at a single election for more than one elective city office.

(3) The council is the final judge of the election and whether its members have met the prerequisites of the position.

(4) The prerequisites of appointive officers of the city are whatever the council prescribes or authorizes.

(5)  Neither the mayor nor a councilor may be employed by the city.

Section 30. Nominations. The council must adopt an ordinance prescribing the manner for a person to be nominated to run for mayor or a city council position.

Section 31. Oath of Office. Before assuming city office, an officer shall take an oath or affirm that he or she will faithfully perform the duties of the office and support the constitution and laws of the United States and of the state of Oregon and the charter and laws of the City of Phoenix.

Section 32. Vacancies, Occurrence. The office of mayor or of a member of the council becomes vacant:

(1)    Upon the incumbent’s:

      (a)  Death,

(b) Adjudicated incompetence, or

(c) Recall from office; or

(2)    Upon declaration by the council of the vacancy in case of the incumbent’s:

      (a) Failure, following election or appointment to the office, to qualify for the office                       within ten (10) days after the time for the term of office to begin,

(b) Absence from the city for thirty (30) days or from all meetings of the council within a 45-day period without the council’s consent,

(c) Ceasing to reside in the city,

(d) Ceasing to be a qualified elector under state law,

(e) Conviction of a public offense punishable by loss of liberty,

(f) Resignation from the office, or

(g) Removal under Section 35(i)

Section 33. Vacancies, Filling

(1) A vacancy in the council shall be filled by appointment by a majority of the remaining council members. The appointee’s term of office runs from appointment until expiration of the term of office of the last person elected to that office.

(2) A vacancy in the office of mayor shall be filled by the council president for the remainder of the vacated term.

(3) A vacancy in the office of council president will be filled by the council vice-president for the remainder of the vacated term.

(4) A vacancy in the position of council vice-president will be filled by council appointment            

of a council vice-president at the next council meeting.

CHAPTER VII

APPOINTIVE OFFICERS

Section 34. Appointive Offices. A majority of the council may:

(1)  Create, abolish, and combine appointive city officers and

(2) Except as the majority prescribes otherwise, fill such offices by appointment and vacate them by removal.

Section 35. City Manager.

(1) The office of city manager is established as the administrative head of the city government. The city manager is responsible to the mayor and council for the proper administration of all city business. The city manager will assist the mayor and council in the development of city policies, and carry out policies established by ordinances and resolutions.

(2) A majority of the council must appoint and may remove the manager. The appointment must be made without regard to political considerations and solely on the basis of education and experience in competencies and practices of local government management.

            (3) The manager need not reside in the city.

(4) The manager may be appointed for a definite or an indefinite term, and may be removed at any time by a majority of the council. The council may fill the office by appointment as soon as possible after the vacancy occurs.

            (5) The manager must:

                        (a) Attend all council meetings unless excused by the mayor or council;

      (b) Make reports and recommendations to the mayor and council about the needs of the    city;

            (c) Administer and enforce all city ordinances, resolutions, franchises, leases, contracts,     permits, and any other city decisions;

      (d) Appoint, supervise and remove city employees;

      (e) Organize city departments and administrative structure;

      (f) Prepare and administer the annual city budget;

      (g) Administer city utilities and property;

      (h) Encourage and support regional and intergovernmental cooperation;

            (i) Promote cooperation among council, staff and citizens in developing city policies and   fostering a sense of community.

                        (j) Perform other duties as directed by the council;

                        (k) Delegate duties, but remain responsible for acts of all subordinates.

          (6) The manager has no authority over the council or over the judicial functions of the municipal   judge.

          (7) The manager and other employees designated by the council may sit at council meetings but    have no vote. The manager may take part in all council discussions.

          (8) When the manager is temporarily disabled from acting as manager, the council may appoint a manager pro tem. The manager pro tem has the authority and duties of manager, except that a       pro tem manager may appoint or remove employees only with council approval.

            (9) No council member may directly or indirectly attempt to coerce the manager or a candidate     for the office of manager in the appointment or removal of any city employee, or in           administrative decisions regarding city property or contracts. Violation of this provision is        grounds for removal from office by a majority of the council after a public hearing. In council        meetings, councilors may discuss or suggest anything with the manager relating to city business.

Section 36. City Attorney. The office of city attorney is established as the chief legal officer of the city government. A majority of the council must appoint and may remove the attorney.

Section 37. City Recorder. The city recorder shall serve ex officio as clerk of the council, attend all its meetings, unless excused by the council, keep an accurate record of its proceedings in a book provided for the purpose and sign all orders on the treasurer.  The city recorder shall designate a clerk of the council pro tem to serve in the absence of the city recorder.

Section 38. Municipal Court and Judge.

(1)  A majority of the council may appoint and remove a municipal judge. A municipal judge will hold court in the city in such place as the council directs. The court will be known as the Municipal Court.

(2) All proceedings of this court will conform to state laws governing justices of the peace and justice courts.

(3) All areas within the city and areas outside the city as permitted by state law are within the territorial jurisdiction of the court.

(4) The municipal court has jurisdiction over every offense created by city ordinance. The court may enforce forfeitures and other penalties created by such ordinance. The court also has jurisdiction under state law unless limited by city ordinance.

(5)The municipal judge may:

            (a) Render judgments and impose sanctions on persons and property;

                        (b) Order the arrest of anyone accused of an offense against the city;

                        (c) Commit to jail or admit to bail anyone accused of a city offense;

                        (d) Issue and compel obedience to subpoenas;

                        (e) Compel witness to appear and testify and jurors to serve for trial before 

            the court;

                        (f) Penalize contempt of court;

                        (g) Issue processes necessary to enforce judgment and orders of the court;

                        (h) Issue search warrants; and

                        (i) Perform other judicial and quasi-judicial functions assigned by ordinance.

            (5) The council may appoint and remove municipal judges pro tem.

(6) The council may transfer some or all of the functions of the municipal court to an appropriate state court.

CHAPTER VIII

PERSONNEL

Section 39. Compensation. The council must authorize the compensation of city officers and employees as part of its approval of the annual city budget

Section 40. Merit System. The council by resolution will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff and dismissal of city employees based on merit and fitness and any collective bargaining agreements.

CHAPTER IX

PUBLIC IMPROVEMENTS

Section 41. Procedure. The council may by ordinance provide for the procedures governing the making, altering, vacating, or abandoning of a public improvement. A proposed public improvement may be suspended for six months upon remonstrance by owners of the real property to be specifically assessed for the improvement. The number of owners necessary to suspend the action will be determined by ordinance.

Section 42. Special Assessments. The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by ordinance.

CHAPTER X

MISCELLANEOUS PROVISIONS

Section 43. Annexation. In addition to the requirements of state law, any annexation to the city of Phoenix may be approved or denied by the council unless a majority vote of the electorate is requested by a verified petition signed by 100 registered voters of the city of Phoenix or five (5) percent of the voters registered in the city at the time the verified petition is filed, whichever is greater

Section 44. Debt. The city’s indebtedness may not exceed debt limits imposed by state law. A city officer or employee who creates or officially approves indebtedness in excess of this limitation is jointly and severally liable for the excess. A charter amendment is not required to authorize city indebtedness.

Section 45. Ordinance Continuation. All ordinances consistent with this charter in force when it takes effect remains in effect until amended or repealed.

Section 46. Repeal.  All charter provisions adopted before this charter takes effect are hereby repealed.

Section 47. Severability.  The terms of this charter are severable. If a part of the charter is held invalid, that invalidity does not affect another part of the charter, except as the logical relation between the two parts requires.

Section 48. Time of Effect. This charter takes effect June 1, 2009.