Chapter 33 City Policies

FOUND PROPERTY. Money or personal property that appears to be lost or abandoned and the owner thereof is not readily apparent, except for motor vehicles and animals.

UNCLAIMED PROPERTY. Money or personal property that remains unclaimed as provided herein.

VEHICLE. Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. "Vehicle" does not include a manufactured structure.

(Ord. 1817, passed 5- -93; Am. Ord. 2270, passed 12-10-18; Am. Ord. 2287, passed 11-25-19)

33.02 DUTIES OF FINDER OF FOUND PROPERTY.

(A) Except as provided in subsection (B) of this section, any person who finds personal property valued at $250 or more, or finds intangible property, shall comply with the provisions of state law regarding lost or abandoned property including ORS Chapter 98, as amended;

(B) Any person who finds personal property of any discernible value on property owned or managed by the city shall report it to the city. The city in its discretion may hold the property and provide a receipt therefore. The city shall keep a record of the finder, the location and a description of the property. The city shall have 14 days to determine if it is city property or take steps to find the lawful owner and notify the finder. If not claimed by the city or within 14 days, the finder shall comply with state law as provided in subsection (A) of this section.

(Ord. 2287, passed 11-25-19)

33.03 TREATMENT OF FOUND, STOLEN OR SEIZED PROPERTY.

(A) Any officer or employee of the city who has, for any reason, custody of found, stolen or seized property shall deliver the property to the employee’s department head or designee, or the Police Department. If the department head or designee deems the property to be of such value that more secure storage is advisable, the property shall be delivered to the custody of the Police Department.

(B) Within ten days of found or stolen property coming into the custody of the city, the city shall make reasonable efforts to discover the name and address of the owner, or any person(s) with an interest therein.

(C) If the owner or other interested person(s) is ascertained the city shall provide written notice to the owner or interested persons that the property may be claimed within 30 days of the date on which the notice is sent. Property shall be held for at least 30 days following the notice to the owner or other interested person(s), if any, during which time the owner or interested person may redeem the property by satisfactorily establishing their ownership thereof or right thereto and payment of costs as provided herein. Thereafter the City Manager or designee may deem the property abandoned or surplus.

(D) Property seized by the Police Department as the removing authority under ORS 98.245, or for other law enforcement purposes may be held by the city or transferred to the District Attorney or other law enforcement agency. If returned to the city, property seized by the city Police Department as the removing authority shall be disposed of as provided in ORS 98.245. Any other property shall be disposed of as provided in subsections (A) through (C) of this section.

(E) The city shall have no obligation to return property deemed by law to be contraband or otherwise illegal to possess and may dispose of or destroy such property as the Chief of Police deems appropriate, consistent with any applicable laws.

(F) The Chief of Police, whenever deemed necessary, shall transmit to the Evidence/Property Manager a list of all found, seized or unclaimed property in their possession. After this transmittal, the property shall come into the custody and control of the Evidence/Property Manager.

(Ord. 2287, passed 11-25-19; Am. Ord. 2348, passed 9-11-23)

33.04 TREATMENT OF UNCLAIMED PROPERTY.

(A) Determination that personal property is unclaimed after any redemption period is within the exclusive authority of the City Manager or designee.

(B) Unclaimed property shall be considered surplus and the City Manager or designee may dispose of unclaimed property as provided in Chapter 35 or as provided by city rule or policy.

(Ord. 2287, passed 11-25-19)

33.05 ABANDONED VEHICLES.

Vehicles shall be held and disposed of as provided by state law. Manufactured structures, as defined by state law, shall be subject to state law.

(Ord. 2287, passed 11-25-19)

33.06 OWNER’S RESPONSIBILITY AND EXPENSE.

Found property shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of the property may be charged to the owner or other person(s) lawfully entitled to possession and upon payment of same the property may be released. Charges associated with vehicles or manufactured structures shall be as provided by state law.

(Ord. 2287, passed 11-25-19)

33.07 MISCELLANEOUS.

(A) Nothing in this subchapter precludes the city from pursuing civil forfeiture of any property as provided by law.

(B) Impounded dogs shall be addressed as provided in Chapter 90. Lost or abandoned animals may be addressed as provided in this chapter or as provided by city rule or policy.

(Ord. 2287, passed 11-25-19)

33.08 [RESERVED].

33.09 [RESERVED].

PUBLIC GRIEVANCE FOR DISCRIMINATION

33.20 PURPOSE.

The purpose of this public grievance procedure is to meet the requirements of the Americans with Disabilities Act of 1990 by establishing a process to be used by a person who desires to file a complaint with the city alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the city.

(Ord. 2285, passed 11-12-19)

33.21 DUTIES OF THE HEARING OFFICER.

The Hearing Officer is hereby designated to be the responsible city employee for purposes of this subchapter. The Hearing Officer or designee may appoint one or more designees to implement this subchapter.

(Ord. 2285, passed 11-12-19)

33.22 RESOLUTION PROCEDURE.

Grievances shall be resolved in the following manner:

(A) Step 1. The complainant shall file a grievance with the Hearing Officer or designee as soon as practicable, but no later than 180 days after the complainant knew or should have known of the alleged discrimination. The complaint should contain information about the alleged discrimination such as the location, date and nature of the alleged actions and the identity, if known, of individuals involved, together with contact information for the complainant. It should be in writing, but alternative means of filing, such as an interview or audio recording are available on request.

(B) Step 2. The Hearing Officer or designee shall make reasonable efforts to meet with the complainant within 15 days of receipt to discuss the grievance and attempt to reach a resolution. Within 15 days of the meeting the Hearing Officer or designee will respond in writing or other format requested by the complainant to explain the city’s position and options for resolution, if any.

(C) Step 3. If the complainant is satisfied with a proposed resolution, the complainant should indicate acceptance in writing or other format accessible to the complainant. If the complainant is not satisfied, the complainant may file an appeal to the City Manager within 15 days of receiving the city’s proposed resolution(s). The appeal should be in writing or other format accessible to the complainant. The City Manager may rely on the written submittals or conduct an informal hearing after providing at least 15 days’ notice to complainant and shall make a decision within 15 days of receipt of the appeal or the date of the informal hearing, whichever is later.

(D) Step 4. If the complainant is not in agreement with the City Manager resolution, the complainant may appeal the City Manager’s decision to the City Council for review and final resolution.

(Ord. 2285, passed 11-12-19)

33.23 [RESERVED].

PROCESS AND PROCEDURE OF THE MUNICPAL COURT

33.35 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

COURT. The Municipal Court of the City of Hermiston, Oregon.

COURT CLERK. Any person(s) sworn in as a clerk of the court.

COURT MANAGER. The person appointed by the City Manager to administer the Municipal Court and supervise the court clerks.

JUDGE. A judge of the Municipal Court of the City of Hermiston, Oregon.

JUDGE PRO TEM. A qualified person properly appointed under Charter Section 37 to serve in the absence of or the conflict of the Municipal Judge.

(Ord. 1407, passed 4-12-82; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.36 ADOPTION OF STATE STATUTES.

The most recent edition of the Oregon State Statutes shall govern proceedings in the Municipal Court, subject to constraints and limitations of the ordinances of the City of Hermiston, including, but not limited to, the following:

(A) The Municipal Judge may, at the initiation of the City Prosecutor, issue process to enforce judgments under Charter Section 37(e)(7) but the Municipal Judge may not initiate enforcement or collection of debts.

(B) The penalization of contempt as described in Charter Section 37(e)(6) refers to the issuance of orders to show cause and not initiation of contempt other than summary contempt. The City Prosecutor shall have the sole authority to initiate contempt proceedings, other than summary contempt, as otherwise allowed under ORS 153.064(2) and 161.685 and elsewhere under law, by motion. In determining whether to initiate orders to show cause upon failure to appear on a violation citation where default has been entered, among other considerations the City Prosecutor shall consider whether the presumptive fine is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances.

(C) Default judgments under ORS 153.090(3) and 153.102(1) are limited to default of the presumptive fine amount unless the default is entered as a result of (1) a failure to appear at trial under ORS 153.061 or 153.070, or (2) failure to appear or failure to pay under ORS 153.061(6) where the court determines that the presumptive fine is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, and the court requires that a trial be held unless an additional fine amount is paid by the defendant before a specified date, with notice of the date to appear or pay by and the additional fine amount given to the defendant by mail.

(D) No-contest pleas submitted by a defendant with a statement in explanation under ORS 153.051(7) and 153.061 are limited to imposition of the presumptive fine or the reduced amount not lower than the minimum fine under ORS 153.021, unless the judge determines under ORS 153.061(6) that the presumptive fine is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, and the court requires that a trial be held unless an additional fine amount is paid by the defendant before a specified date, with notice of the date to appear or pay by and the additional fine amount given to the defendant by mail.

(E) For any violation for which there may be a victim, victims shall have 90 days to file a motion or request for restitution or for particular orders expressly applicable to the violation type after a judgment has been entered.

(F) Pretrial discovery in violation cases as described in ORS 153.076, applying ORS 135.805 to 135.873 to violation proceedings, is a pretrial responsibility of the City Prosecutor and the Hermiston Police Department. Production of discovery in any offense at the written request of defendant or their attorney shall be prompt and the cost thereof reflecting the usual and normal charges for similar documents by the Hermiston Police Department.

(Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00; Am. Ord. 2154, passed 3-9-09; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.37 TRIAL BEFORE THE MUNICIPAL COURT.

(A) In all prosecutions for any crime designated as such by state law or ordinance over which the Municipal Court has jurisdiction, the defendant shall have the right of trial by jury, of six in number, unless waived in writing by the defendant. Except as otherwise provided in this Code, jurors shall be selected and may be challenged in the same manner as misdemeanor cases in circuit courts. The verdict of the jury shall be unanimous.

(B) In all prosecutions for any offenses of state law punished as violations, trial shall be before the Municipal Judge or pro tem.

(C) In all prosecutions for a misdemeanor treated as a violation by the prosecutor, trial shall be before the Municipal Judge or pro tem, unless written motion for jury trial is filed within ten days after arraignment and the judge determines upon hearing that by the nature of the offense, under the law of the state of Oregon, that a jury trial right is Constitutionally required.

(D) In all prosecutions for any violation of ordinance of the City of Hermiston, trial shall be before the Municipal Judge or pro tem.

(Ord. 1407, passed 4-12-82; Am. Ord. 2154, passed 3-9-09; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.38 JURY LIST.

(A) Annually, the City Recorder at the request of the Court Manager shall obtain a list of the latest tax roll and voter registration books used at the city election for persons initially eligible to serve as a juror. The Court Manager shall select and make from the roll a jury list of persons to serve as the jury pool and potential jurors for the next three months and until another is selected.

(B) When a jury is demanded, the Court Manager shall cause a sufficient number of jurors to be advised to appear for jury selection.

(C) A person may be excused as a juror for any reason under state law and that they have previously served as a juror in federal, state, justice or Municipal Court within the last 12 months.

(Ord. 1407, passed 4-12-82; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.39 FEES OF JURORS AND WITNESSES.

(A) The jurors who are notified to appear at trial and are selected and serve as actual jurors shall be entitled to receive compensation plus mileage to and from their place of residence at the rate applicable to appearances in justice court as described in ORS 10.061. Authority for establishing any additional fees and expenses for jurors is delegated to the City Manager. Those jurors who are notified to appear at trial but are not selected as jurors shall be entitled to receive mileage to and from their place of residence at the rate applicable to appearances in justice court.

(B) Persons who have been subpoenaed as witnesses to appear in Municipal Court by the city shall be entitled to receive compensation plus mileage to and from their place of residence at the rate applicable to appearances in justice court.

(Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.40 ASSESSMENT OF COSTS AND FINANCIAL OBLIGATIONS.

(A) Upon conviction, the Court may impose costs, fees, fines, compensatory fines, restitution and allowed financial requirements on a defendant to the extent and in the manner allowed or required by law.

(B) Financial amounts due the Municipal Court by judgment are deemed administrative matters.

(D) Unless expressly allowed or required by state law, costs and fees imposed by the Municipal Court shall be approved by the City Manager by fee schedule maintained by the Court Manager. As applicable, the charges provided by ORS 51.310, entitled "Schedule of Fees," are incorporated herein by this reference, payable to the city.

(E) To the extent authorized by law, the Court may include in its judgment a money award requiring that the person repay, in full, or in part, the administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel. Such fee schedule shall be approved by the City Manager.

(F) The court may not require a person to pay costs unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose. The person may seek remission of payment as provided by state law.

(Ord. 2154, passed 3-9-09; Am. Ord. 2282, passed 10-28-19; Am. Ord. 2305, passed 5-26-20)

33.41 VIOLATIONS BUREAU.

(A) Pursuant to ORS 153.800, a Violations Bureau is created within the Municipal Court for further administrative order by the Municipal Judge creating the reduction schedule and the rules of operation.

(B) Within the Violations Bureau of the Municipal Court, there is hereby established the position of Violations Clerk(s). All clerks of the Municipal Court, including the Court Manager, are Violation Clerks unless otherwise determined by the Court Manager. The Violations Clerk is authorized to perform all Violation Clerk duties as set forth in statute, including but not limited to accepting pleas, establishing Violation Bureau judgments on violations and corrections of such, accepting payments, administering default judgments, correcting and similar functions as outlined in statute and the order to be established by the Municipal Court Judge.

(C) The Violations Bureau is limited to actions relating to the acceptance and default judgments of presumptive fines and lower amounts set forth by schedule established by the Municipal Judge in an administrative order.

(D) Once a judgment has been issued by the Violations Bureau, that judgment is deemed administrative for collection and correction purposes.

(Ord. 2305, passed 5-26-20)

33.42 RECORDS OF THE MUNICIPAL COURT.

(A) The Court Manager, as "Court Administrator" or "Clerk of the Court," is the custodian of the records and files of the Court, including but not limited to the docket as described under ORS 221.352 and Oregon Administrative Rules including but not limited to OAR 166-200-0290 on municipal court records. Such records and files may not be taken out of the office, and electronic records may not be removed from any file or electronic database, by any person except the Court Manager or as allowed by special order of the Court or a judge or general rule made by the Court. For the records required under ORS 221.352, the Court Manager and clerks of the Municipal Judge shall enter the required information into the docket on behalf of the Municipal Judge. The Judge shall sign as appropriate such orders and judgments as necessary to create the docket record in addition to the clerk entries in electronic form under ORS 221.352(2).

(B) Any audio recording or reporting of proceedings under ORS 221.358 shall be coordinated by the requesting party through the Court Manager.

(C) Judgments. The judgments of the Municipal Judge shall substantially comply with ORS 18.048. No judgment, other than Violation Bureau judgments which Violation Clerks may sign, shall be entered without a judge’s signature under ORS 18.052. Any pleadings, orders or judgments which have been entered which appear to the Court Manager to not comply with law shall be administratively withdrawn and any orders or judgments administratively vacated. The Court Manager is authorized in such instances to make clerical correction to the Violation Bureau judgments issued as contemplated by the Court under ORS 137.172 to bring such judgments into compliance or to remit unpaid costs or modify the method of payment under ORS 161.665(5).

(D) If an order used as a judgment or a judgment and the supporting file and records of the case fail to substantially comply with ORS 18.048, or fail to demonstrate facial compliance with the Oregon Rules of Civil Procedure, the Court Manager may not enter the judgment and may withdraw an entered judgment from the records of the Court.

(Ord. 2305, passed 5-26-20)

33.43 JUDICIAL ETHICS CODE.

As described in Section 37(b) of the City Charter, and as a matter of judicial diligence to the duties of the position under the Oregon Rules of Professional Conduct, and to ensure clarity, Municipal Judges for the City of Hermiston, and the pro tem judges appointed shall adhere to the Oregon Code of Judicial Conduct in its current and subsequent versions, and therein follow the rules pertaining to judges of a justice court therein. Exceptions to this policy may be provided by the City Manager at the City Manager’s discretion.

(Ord. 2305, passed 5-26-20)

CRIMINAL HISTORY CHECKS FOR CITY EMPLOYEES

33.50 PURPOSE.

The purpose of this subchapter is to authorize the Police Department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment and/or volunteer work with the city in accordance with OAR 257-10-025(1)(a).

(Ord. 1965, passed 9-14-98; Am. Ord. 2130, passed 2-12-07)

33.51 PROCEDURE.

All proceedings pursuant to this subchapter shall be conducted in accordance with ORS 181.555 and OAR 257-10-025, which establish procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS), and as supplemented below:

(A) Those applicants for employment and appointed volunteers with the city who are required to have a criminal history background checks shall authorize the city to conduct a criminal offender information check through the OSP-LEDS system.

(B) The Personnel Department will maintain the criminal history authorization form and request that a criminal history check be made if it is determined this will be in the best interest of the city in filling the position.

(C) The Hermiston Police Department will conduct the check on the prospective employee or volunteer and report to the Personnel Department that the applicant’s record indicated "no criminal record" or "criminal record".

(D) If the applicant’s record is reported a "criminal record," the Personnel Department will, in accordance with OAR 257-10-025 (1)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service. The Personnel Department will make the written criminal history record available to the selecting official for his consideration in making the hiring decision.

(E) The written criminal history record on persons who are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-40-080 for a period of three years and thereafter will be destroyed by shredding.

(F) The criminal history record of applicants and volunteers with a criminal history who are hired or appointed will become a part of the confidential personnel file of the employee or volunteer. Access to confidential personnel files is limited to authorized persons who have an official need to access the files as sanctioned by law or regulation.

(G) Applicants for employment or appointment as a volunteer who have a felon criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft will be closely examined by the selecting official(s) to determine if the applicant possesses the required degree of public trust and confidence. Each selection will, however, be made on an individual, case by case basis, taking into account the applicant’s qualifications, the requirements of the particular job or volunteer post applied for and the results of the criminal history check. Factors such as the age of the offender at the time of the offense, the type of offense and subsequent rehabilitation and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report.

(H) Hiring an applicant or appointing a volunteer with a criminal history record require a positive recommendation by the Chief of Police and the approval of the City Manager or governing body after full disclosure and consideration of the criminal history the applicant.

(Ord. 1965, passed 9-14-98)

INITIATIVE AND REFERENDUM

33.60 ADOPTION OF STATE LAW.

Except as provided in this chapter, the general laws and administrative rules of the state concerning initiative and referendum shall apply to any initiative or referendum of a city measure.

(Ord. 2151, passed 8-25-08; Am. Ord. 2281, passed 10-28-19)

33.61 FILING DEADLINE FOR INITIATIVE PETITIONS.

The date the first signature of an initiative petition is affixed shall be no later than 90 days after the issuance of the ballot title for the measure, and the initiative petition shall be filed with the City Recorder for certification and approval no later than 180 days after the date the first signature on the petition has been affixed.

(Ord. 2151, passed 8-25-08; Am. Ord. 2281, passed 10-28-19)