Chapter V
POWERS AND DUTIES OF OFFICERS

Section 5.1 City Manager.

(5.1.1) The City Manager is the administrative head of the City Government.

(5.1.2) A majority of the Council shall appoint and may remove the Manager. The appointment shall be without regard to political considerations and solely on the basis of administrative qualifications.

(5.1.3) The Manager need not reside in the City or the State when appointed.

(5.1.4) Upon accepting the appointment the manager shall furnish the City a bond in an amount and with a surety approved by the Council. The City shall pay the bond premium.

(5.1.5) The manager shall be appointed for a definite or an indefinite term and may be removed by the Council at its pleasure. Within six consecutive months after a vacancy occurs in the office the Council shall fill the vacancy by appointment.

(5.1.6) The manager shall:

(a) Attend all Council meetings unless excused by the Council or Mayor;

(b) Keep the Council advised of the affairs and needs of the City;

(c) See that the provisions of all ordinances are administered to the satisfaction of the Council;

(d) See that all terms of franchises, leases, contracts, permits and privileges granted by the City are fulfilled;

(e) Appoint, discipline and remove appointive personnel, except, appointees of the Mayor of Council;

(f) Supervise and control the manager’s appointees in their service to the City;

(g) Organize and reorganize the departmental structure of City Government;

(h) Prepare and transmit to the council an annual City Budget;

(i) Supervise City Contracts;

(j) Supervise operation of all City-owned public utilities and property;

(k) Perform other duties, as the Council prescribes, consistent with this charter.

(5.1.7) The Manager may not control:

(a) The Council;

(b) The Municipal Judge in the Judge’s judicial functions;

(c) Except as the Council authorizes, appointive personnel of the City whom the Manager does not appoint.

(5.1.8) The manager and other personnel whom the Council designates, may sit with the Council, b6t, may not vote on questions before it. The Manager may take part in all Council discussions.

(5.1.9) When the manager is absent from the City or disabled from acting as manager or when the office of Manager becomes vacant, the council shall appoint a Manager Pro Tem, who has the powers and duties of Manager, except, that the Manager Pro Tem may appoint or remove personnel only with approval of the Council. No person may be Manager Pro Tem more than six consecutive months.

(5.1.10) Except in Council meeting no Council member may directly or indirectly, by suggestion or otherwise, attempt to coerce the manager or a candidate for the office of Manager in the appointment, discipline, removal of personnel or in decisions regarding City property and contracts. A violator of this prohibition may be removed from office by a court of competent jurisdiction. In Council meeting, members of the Council may discuss with or suggest to the manager, anything pertinent to City affairs.

Section 5.2 Municipal Court and Judge.

(5.2.1) If the Council creates the office of municipal Judge and fills it by appointment the appointee shall hold, within the City at a place and times that the Council specifies, a court known as the Municipal Court for the city of Burns, Harney County, Oregon.

(5.2.2) Except as this charter or City ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of this State governing Justices of the Peace and Justice Courts.

(5.2.3) All area within the City and to the extent provided by State law, area outside the City, is within the territorial jurisdiction of the court.

(5.2.4) The Municipal court has original jurisdiction over every offense that an ordinance of the City makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe.

(5.2.5) The Municipal Judge may:

(a) Render judgments and for enforcing them, impose sanctions on persons and property, within the court’s territorial jurisdiction;

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

(c) Commit to jail or admit to bail anyone accused of such an offense;

(d) Issue and compel obedience to subpoenas;

(e) Compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;

(f) Penalize contempt of court;

(g) Issue process necessary to effectuate judgments and orders of the court;

(h) Issue search warrants;

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

(5.2.6) The Council may authorize.the municipal Judge to appoint Municipal Judges Pro Tem for terms of office set by the Judge or the Council.

(5.2.7) Notwithstanding this section, the Council may transfer some or all of the functions of the municipal Court to an appropriate State Court.