CHARTER¹

We, the voters of Gladstone, Oregon, exercise our power to the fullest extent possible under the Oregon Constitution and laws of the state, and enact this Home Rule Charter.

CHAPTER I

NAMES AND BOUNDARIES

Section 1. Title.

This charter may be referred to as the 2022 Gladstone City Charter, which must be made available to the public online and at City Hall.

Section 2. Name.

The City of Gladstone, Oregon, continues as a municipal corporation with the name City of Gladstone.

Section 3. Boundaries.

The city includes all territory within its boundaries as they now exist or are legally modified. The city will maintain as a public record an accurate and current description of the city boundaries.

CHAPTER II

POWERS

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

Section 5. Construction.

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.

Section 6. Distribution.

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 except as the charter otherwise provides. 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

COUNCIL

Section 7. Council.

The council consists of a mayor and six councilors. The council appoints members of commissions, boards and committees that are established by ordinance or resolution. Such appointments must be made in a manner prescribed by council rules.

Section 8. Mayor.

The mayor presides over and facilitates council meetings, preserves order, enforces council rules, and determines the order of business under council rules. The mayor is a voting member of the council and has no veto authority. The mayor appoints members of council committees established by council rules. Unless the council or this charter provides otherwise, the mayor must sign all records of council decisions. The mayor 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 and acts as mayor when the mayor is unable to perform duties or when a vacancy in the office of mayor occurs.

Section 10. Rules.

In every odd-numbered year, the council must adopt rules to govern its meetings. The rules must be made available to the public online and at City Hall.

Section 11. Meetings.

The council must meet at least once a month at a time and place designated by its rules, and may meet at other times in accordance with council rules.

Section 12. Quorum.

A quorum of the council is required to conduct business, but a smaller number may meet and compel attendance of absent members to create a quorum as prescribed by council rules. Four members of the council are a quorum.

Section 13. Vote Required.

The express approval of a majority of a quorum of the council is necessary for any council decision, except when this charter requires approval by a majority of the council. If more than two options are available to the council in any single vote, the council may use preferential voting to achieve the required majority. The council must prescribe procedures for using preferential voting in the council rules.

Section 14. Record.

A record of council meetings must be kept in a manner prescribed by the council rules.

CHAPTER IV

LEGISLATIVE AUTHORITY

Section 15. Ordinances.

The council will exercise its legislative authority by adopting ordinances. The enacting clause for all ordinances must state “The City of Gladstone ordains as follows:”

Section 16. Ordinance Adoption.

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

(b) The council may adopt an ordinance at a single meeting by the unanimous approval of at least a quorum of the council, provided the proposed ordinance is available in writing to the public at least one week before the meeting.

(c) Any substantive 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.

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

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

Section 17. Effective Date of Ordinances.

Ordinances take effect 30 days after adoption, or on a later day provided in the ordinance. An ordinance may take effect as soon as adopted or on another date less than 30 days after adoption if it contains an emergency clause.

CHAPTER V

ADMINISTRATIVE AUTHORITY

Section 18. Resolutions.

The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions may state “The City of Gladstone resolves as follows:”.

Section 19. Resolution Approval.

(a) Approval of a resolution or any other council administrative decision requires approval by the council at one meeting.

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

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

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

Section 20. Effective Date of Resolutions.

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

CHAPTER VI

QUASI-JUDICIAL AUTHORITY

Section 21. Orders.

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

Section 22. Order Approval.

(a) Approval of an order or any other council quasi-judicial decision requires approval by the council at one meeting.

(b) Any substantive 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.

(c) After approval of an order or other council quasi-judicial decision, the vote of each member must be entered in the council minutes.

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

Section 23. 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 VII

ELECTIONS

Section 24. Councilors.

(a) Councilors are elected from the city at large, provided that each council position bears a number from one through six, and all candidates for council must be nominated for a specific council position. Candidates for council must designate on their nomination petition the number of the council position to which they seek election. No candidate may run for more than one council position at an election.

(b) The term of a councilor in office when this charter takes effect is the term for which the councilor was elected. Council position numbers 1, 3 and 5 will be elected at the general election in 2022 and every four years thereafter for a four year term. Council positions 2, 4 and 6 will be elected at the general election in 2024 and every four years thereafter for a four year term.

Section 25. Mayor.

The Mayor is nominated and elected from the city at large. The mayor will be elected at the general election in 2022 and at every other general election thereafter for a four-year term. The term of the mayor in office when this charter takes effect continues until the first council meeting in January 2023 at which time the mayor elected at the general election in 2022 will assume office.

Section 26. State Law.

City elections must conform to state law except as this charter or ordinances provide otherwise. All elections for city offices must be nonpartisan.

Section 27. Qualifications.

(a) The mayor and each councilor must be a qualified elector under state law, reside within the city for at least one year immediately before election or appointment to office and remain a resident of the city during their entire term of office.

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

(d) The council is the final judge of the election and qualifications of its members based upon this charter.

Section 28. 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, provided that any such ordinance must require that all nominating petitions be signed by at least 25 city electors.

Section 29. Terms.

The term of an officer elected at a general election begins at the first council meeting of the year immediately after the election, and continues until the successor qualifies and assumes the office.

Section 30. Oath.

The mayor and each councilor must swear or affirm to faithfully perform the duties of the office and support the constitutions and laws of the United States, Oregon and the City of Gladstone.

Section 31. Vacancies:

The mayor or a council office becomes vacant:

(a) Upon the incumbent’s:

(1) Death,

(2) Adjudicated incompetence, or

(3) Recall from the office.

(b) Upon declaration by the council after the incumbent’s:

(1) Failure to qualify for the office within 10 days of the time the term of office is to begin,

(2) Absence from the city for 45 days without council consent,

(3) Absence from all council meetings within a 60-day period without council consent,

(4) Ceasing to reside in the city,

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

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

(7) Conviction of the offense of unlawful destruction of public records; or

(8) Resignation from the office.

Section 32. Filling Vacancies.

A mayor or councilor vacancy will be filled as follows:

(a) If less than seventeen months remains in the term of the person who held that vacant office, the vacancy must be filled by appointment by a majority vote of the remaining council members. The appointee will serve the remainder of the unexpired term.

(b) If seventeen or more months remain in the term of the person who held that vacant office, the vacancy will be filled at the next available November election. The person elected will serve the remainder of the unexpired term. A majority of the remaining council members must fill the vacancy by appointment for an interim period until a special election may be held to fill the remainder of the unexpired term.

(c) If a disability prevents a council member from attending council meetings or a member is absent from the city, a majority of the council may appoint a councilor pro tem.

CHAPTER VIII

APPOINTIVE OFFICERS

Section 33. City Administrator.

(a) The City Administrator shall be the administrative head of the government of the city.

(b) The City Administrator shall be appointed for an indefinite term and may be removed at the pleasure of the council.

Section 34. 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. The city attorney must be a member in good standing of the Oregon State Bar. The attorney must appoint and supervise, and may remove any employees of the office of the city attorney.

Section 35. Municipal Court and Judge.

(a) A majority of the council may appoint and remove a municipal judge. The municipal judge must be a member in good standing of the Oregon State Bar. The municipal judge will hold court in the city at such place as the council directs. The court will be known as the Municipal Court.

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

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

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

(e) The municipal judge may:

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

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

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

(4) Issue and compel obedience to subpoenas;

(5) Compel witnesses to appear and testify and jurors to serve for trials before the court;

(6) Penalize contempt of court;

(7) Issue processes necessary to enforce judgments and orders of the court;

(8) Issue search warrants; and

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

(f) The council may appoint and may remove municipal judges pro tem. Municipal judges pro tem must be members in good standing of the Oregon State Bar.

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

CHAPTER IX

PERSONNEL

Section 36. Compensation.

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

Section 37. Merit Systems.

The council, by resolution and after consultation with the city administrator and city attorney, will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness.

CHAPTER X

MISCELLANEOUS PROVISIONS

Section 40. Debt.

(a) City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness.

(b) The City may not incur any debt to finance a public improvement unless such debt is approved by a majority of voters at a regular or special election. For the purposes of this section:

(1) the term “debt” does not include short term borrowing obligations that mature within thirteen months of issuance such as credit agreements; lines of credit; or the issuance of notes, warrants, promissory notes, commercial papers or other similar obligations;

(2) the term “public improvement” means a project for construction, reconstruction, or major renovation of real property by or on behalf of the city. A public improvement does not include improvements for which no city funds are directly or indirectly used except for participation that is incidental or related primarily to project design or inspection; or to emergency work, minor alteration or ordinary repair or maintenance that is necessary to preserve an existing public improvement.

Section 41. Construction of Public Buildings.

Unless approved by a majority of voters in a regularly scheduled election set forth in ORS 221.230, or special election, no public building will be constructed by or for the City if such construction will require the actual or reasonably projected expenditure of $1,000,000, or more, from existing City funds or current or future City revenues, including those of any of its departments, service districts or agencies. In calculating whether the project will involve the actual or reasonably projected expenditure of $1,000,000 or more, the calculation must include the fair market value of any real estate to be utilized or committed to the project, based on current market appraisal performed by a certified real estate appraiser.

Section 42. Voter Approval of Park Changes.

(a) Voter approval is required for sale or lease of any City-owned park property or portion thereof. Such approval shall consist of a majority of votes cast at a regularly scheduled election in favor of the sale or lease of any City-owned park. Each proposed sale or lease submitted for voter approval shall consist of a single specified property and will include the following information: an address, tax lot number, property name, or combination thereof sufficient to clearly identify the property by location and park designation.

(b) Voter approval is required prior to removing a “park” designation from City-owned real property. Such approval shall consist of a majority of votes cast at a regularly scheduled election in favor of removing a “park” designation from City-owned real property.

(c) For purposes of this section, “park” means all City-owned properties within Gladstone that are: (1) located in a zoning district where the following uses are allowed outright, conditionally, or as an accessory use: “park,” “open space,” “green space,” “wildlife habitat,” “natural area,” or “wetland”; or (2) designated as such in documents accepted or adopted by the Gladstone City Council or authorized City official. Such documents include but are not limited to resolutions, ordinances, master plans, zoning maps, comprehensive plan maps, and intergovernmental agreements.

Section 43. Ordinance Continuation.

All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed.

Section 44. Repeal.

All charter provisions adopted before this charter takes effect are repealed.

Section 45. Severability.

The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter.

Section 46. Amendments and Revisions.

No amendment, revision or repeal of this Charter may take effect unless approved by City voters. Either the council by a majority vote or City voters by an initiative petition may refer an amendment of this Charter to the City voters. Only the Council, by a majority vote, may refer a revision or repeal of this Charter to the City voters.

Section 47. Charter Review Committee.

A charter review committee must be convened in 2030 and at least once every eight years thereafter to review and recommend, if necessary, updates to this charter. The council establishes membership of and makes appointments to the charter review committee, provided that every charter review committee member must be a resident of the city and each committee must contain at least two members who are not elected or appointed city officials.

Section 48. Time of Effect.

This charter takes effect January 15, 2022.

Note: The Charter was approved at the general election held November 2, 2021.

CHARTER1