CITY OF ESTACADA CHARTER OF 1977
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.
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