Chapter V Powers and Duties of Officers


Section 20. Mayor. The mayor shall appoint the committees provided for under the rules of the council. He shall sign all approved records of proceedings of the council. Upon the approval of the council, he shall endorse all bonds of officers of the city and all bonds for licenses, contracts and proposals, and countersign all orders on the treasury.

Section 21. City Manager.
(a) Qualifications. The city manager shall be the administrative head of the government of the City. He shall be chosen by the council without regard to political considerations and solely with reference to his executive and administrative qualifications. He need not be a resident of the City or of the state at the time of his appointment. Before taking office, he shall give a bond in such amount and with such surety as may be approved by the council. The premiums on such bonds shall be paid by the City.
(b) Terms. The manager shall be appointed for an indefinite term and may be removed at the pleasure of the council. Upon any vacancy occurring in the office of manager after the first appointment pursuant to this charter, the council at its next meeting shall adopt a resolution of its intention to appoint another manager. Not later than four months after adopting the resolution, the council shall appoint a manager to fill the vacancy.
(c) Powers and duties. The powers and duties of the manager shall be as follows:
(1) He shall devote his entire time to the discharge of his official duties, attend all meetings of the council unless excused therefrom by the council or the mayor, keep the council advised and make reports annually, or more frequently if requested by the council, of all the affairs and department of the City.
(2) He 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.
(3) He shall appoint and may remove appointive City officers and employes except as this charter otherwise provides, and shall have general supervision and control over them and their work, with power to transfer an employe from one department to another. He shall supervise the departments to the end of obtaining the utmost efficiency in each of them. He shall have no control, hoverer, over the council or over the judicial activities of the municipal judge.
(4) He shall act as purchasing agent for all departments of the City.
(5) He shall be responsible for preparing and submitting to the budget committee and annual budget estimates and such reports as that body requests.
(6) He shall supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.
(7) He shall meet with private citizens and interested groups seeking information or bringing complaints and shall attempt to resolve problems and complaints fairly or report same to the council.
(8) Until changed by general ordinance, he shall perform all duties assigned to the administrator by ordinances existing at the time this charter is adopted.
(d) 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 it. The manager may take part in all council discussions, except when deemed otherwise by the council.
(e) Interference in administration and elections. No member of the council shall, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the manager in making of any appointment or removal of any officer or employe or in the purchase of supplies; or attempt to exact any promise relative to any appointment for any candidate for manager; or discuss directly or indirectly with him the matter of specific appointments to any City officer and employment. A violation of the foregoing provisions of this section shall forfeit the office of the offending member of the council. Nothing in this section shall be construed, however, as prohibiting the council while in open session from fully and freely discussing with or suggesting to the manager anything pertaining to City affairs or the interest of the City. Neither the manager nor any person in the employ of the City shall take part in securing, or contributing any money toward, the nomination or election of any candidate for a municipal office.
(f) Ineligible persons. Neither the manager’s spouse nor any person related to the manager or his spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with the City.

Section 22. Municipal Judge. The municipal judge shall be the judicial officer of the City. He shall hold within the City a court known as "the municipal court for the City of Estacada, Clackamas County, Oregon." The court shall be open for the transaction of judicial business sat 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 make punishable by ordinances of the City and all actions brought to recover or enforce forfeitures and penalties defined or authorized by an ordinance of the City. He 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 to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before him, 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 others for contempt of the court. When not governed by ordinances or this charter, all proceedings in the municipal court for the violation of a City ordinance shall be governed by applicable general laws of the state governing justices of the peace and justice courts. Witnesses in the municipal court shall be entitle to no compensation for their attendance unless the council, by ordinance, shall otherwise provide.

Section 23. Recorder. The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings in a book provided for that purpose, and sign all orders on the treasury. In his absence from a council meeting, the mayor shall appoint a clerk of the council pro tem, who, while acting in the capacity, shall have all the authority and duties of the recorder.