Chapter 2.05 CITY COUNCIL

Cross-references: Chief of police’s attendance at city council meetings, see NMC 2.15.050; General election regulations, see Charter, Chapter VII; Ordinances, see Charter, Chapter IV.

Article I. General Provisions

2.05.010 Compensation of city council and mayor.

A. The duly elected and qualified members of the city council shall be compensated a monthly stipend as established by the annual budget process of the city.

B. The finance department will process the payments as part of the payroll function of the city. [Ord. 2903 § 1 (Exh. A), 7-18-22; Ord. 2153, 12-3-84; Ord. 2136, 11-21-83. Code 2001 § 30.01.]

Cross-reference: Salaries, see Charter, Section 37; see also Res. 2807.

Article II. City Elections

2.05.020 General election.

The election of city officers shall be held at the biennial election, under the conditions and system prescribed by state laws, and administered and conducted by the officials designated herein. [Ord. 1027, 4-5-48. Code 2001 § 30.15.]

2.05.030 Nomination procedure.

A. Candidates for various city offices other than membership on the city council shall be nominated in the manner provided by state laws applicable to cities or towns not required by law to hold a primary nominating election for city offices, except that it shall be sufficient for the nomination of candidates for such offices that the certificate(s) of nomination for that office be signed by, and contain the valid signatures of, not less than 25 qualified, legal voters of the City of Newberg, Yamhill County, Oregon.

B. Candidates for a position of city council member can either:

1. Along with a declaration of candidacy, be nominated by a petition for nomination for that position, which shall be signed by and contain the valid signatures of not less than 25 qualified, legal voters of the state whose residence is within the district assigned to the position for which the candidate is being nominated; or

2. Along with a declaration of candidacy, pay a filing fee of $25.00. [Ord. 2863 § 1, 4-20-20; Ord. 2446, 7-8-96; Ord. 2151, 10-1-84; Ord. 1027, 4-5-48. Code 2001 § 30.16.]

Cross-reference: For cities and towns not required to hold a primary nominating election for city offices, see ORS 221.190.

2.05.040 Qualifications for nominators.

A. No person shall be qualified to sign a certificate of nomination, as provided by state laws, unless such person is, at the time of signing, a legal voter of the city and state, who has resided in the city for not less than three months preceding the time of signing.

B. In addition, a person who signs a petition for nomination of a candidate for a position on the city council must reside in the district to which that position has been assigned. [Ord. 2446, 7-8-96; Ord. 1089, 8-14-50; Ord. 1027, 4-5-48. Code 2001 § 30.17.]

Penalty: See NMC 2.05.200.

2.05.050 Acceptance of nomination required.

A. A certificate of nomination or petition for nomination may be accompanied by the acceptance of the nominee, in which case:

1. The acceptance shall be endorsed upon the certificate of nomination or petition for nomination, and signed by the nominee; or

2. It may be by a letter or telegram from the nominee attached to the certificate of nomination or petition for nomination, and filed therewith.

B. If the certificate of nomination or petition for nomination is not thus accompanied by the acceptance of the nominee, the nominee may, at any time after it is filed and before the time for filing nominations for such office has expired, file the acceptance in the same manner in the same office where the certificate of nomination or petition for nomination is filed.

C. The officer with whom such acceptance is filed shall endorse the same and attach it to the certificate of nomination or petition for nomination to which it refers.

D. Several different certificates of nomination or petitions for nomination may thus be filed nominating the same person for the same office, and the person so nominated may accept one or more of said nominations; but unless such nominee accepts a nomination in one of the ways and within the time aforesaid, it shall not be considered as complete. [Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.18.]

2.05.060 Filing.

A. All certificates of nomination and petitions shall be filed with the city recorder no later than 80 days prior to the day fixed by law for the election.

B. The city recorder shall accept for filing any certificate of nomination or petition for nomination, subject to the verification of the number and genuineness of the signatures and voting qualifications of the persons signing the same by reference to the registration books in the office of the county clerk.

C. If a sufficient number of qualified electors are found to have signed the certificate of nomination or petition for nomination, the city recorder shall file the same within 10 days after its presentation thereto, and transmit the same to the county clerk in the manner required by law. [Ord. 2733 Att. A, 2-7-11; Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.19.]

2.05.070 Nomination forms.

Said nomination forms shall be upon a form approved by the city and shall follow all state law. [Ord. 2446, 7-8-96; Ord. 1722, 5-6-74; Ord. 1089, 8-14-50; Ord. 1027, 4-5-48. Code 2001 § 30.20.]

Penalty: See NMC 2.05.200.

2.05.080 Certification form.

A. Circulator’s Certification of Petition for Nomination. Each and every sheet of every petition for nomination for candidates for positions on the city council, to be filed by voters of the city whose residence is within the district for which the candidate is being nominated, shall bear a certification by the person who circulated it. Said nomination form shall be upon a form approved by the city and shall follow state law. [Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.21.]

Penalty: See NMC 2.05.200.

2.05.090 Acceptance form.

The city shall have a form for accepting nominations for elected positions. Said form shall be upon a form approved by the city and shall follow all state laws. [Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.22.]

Penalty: See NMC 2.05.200.

2.05.100 Forms not mandatory.

Deleted during 2011 recodification. [Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.23.]

2.05.110 Residence defined.

The residence of any elector under the terms of this article shall be considered to be where the elector is registered and resides for the majority of the time. [Ord. 2733 Att. A, 2-7-11; Ord. 1027, 4-5-48. Code 2001 § 30.24.]

2.05.120 Prohibitions.

A. No elector of the city shall be qualified to join in the certificate of nomination made by individual electors in nominating more than one person for each office to be filled.

B. No person shall be qualified to be a candidate for more than one office to be filled at the same election.

C. No person shall be qualified to sign a petition for nomination for a candidate for a city council position unless such person is, at the time of signing, a legal voter of the state and resides within the district to which the position has been assigned. [Ord. 2446, 7-8-96; Ord. 1027, 4-5-48. Code 2001 § 30.25.]

Penalty: See NMC 2.05.200.

2.05.130 Method for breaking a tie vote in the election of elective officers.

A. Whenever a tie shall appear in the vote cast for an elective office or elective offices under the city Charter, the city recorder shall prepare lots consisting of slips of paper, each containing the name of one candidate who shall be involved in such tie.

B. The city recorder shall fold each slip separately and place the same in a receptacle.

C. The city recorder shall then cause the chief of police to draw therefrom as shall provide for the filling of such elective office or offices in accordance with the city Charter. [Ord. 1090, 9-5-50. Code 2001 § 30.26.]

2.05.140 Qualifications of chief petitioner(s) for initiative petitions and referendums.

Any elector may be a chief petitioner(s) for any initiative or referendum measures on which the chief petitioner(s) is entitled to vote. [Ord. 2617, 1-18-05. Code 2001 § 10.20.]

Statutory reference: For provisions concerning state election law, see ORS Chapters 240 through 260.

Article III. Meetings

2.05.150 Meeting times.

The city council shall designate the time, place and business at its meetings and give notice of the meeting. The regular city council meeting shall be held on the first Monday of each month, excepting on holidays, in which event the city council shall meet on the next ensuing business day. The city council may provide that other regular city council meetings shall be scheduled as business requires. [Ord. 2453, 10-7-96; Ord. 1288, 6-8-61; Ord. 1012, 7-21-47; Ord. 895, 3-25-40. Code 2001 § 30.35.]

2.05.160 Notice of special meetings.

The notice of a special meeting of the city council shall designate the time and place of meeting and the business to be considered at such meeting. Only such business as is set forth in said notice shall be presented to the city council at any special meeting. [Ord. 1251, 8-10-59; Ord. 895, 3-25-40. Code 2001 § 30.36.]

2.05.170 Rules of procedure at special meetings.

The rules of procedure for special meetings shall be the same as those provided by resolution of the city council for general meetings of the city council insofar as such rules are applicable. [Ord. 895, 3-25-40. Code 2001 § 30.37.]

Article IV. Ordinances

2.05.180 Introduction of ordinances.

Deleted during 2011 recodification. [Ord. 895, 3-25-40. Code 2001 § 30.40.]

2.05.190 Records.

Deleted during 2011 recodification. [Ord. 895, 3-25-40. Code 2001 § 30.41.]

Article V. Penalty

2.05.200 Penalty.

A. Any person violating any of the provisions of NMC 2.05.020 through 2.05.120 shall have committed a city Class 4 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, NMC 2.30.210. Each day that such a violation shall continue shall be considered a separate violation.

B. In addition, as provided by ORS 260.715, persons falsely signing the circulator’s certification to a petition for nomination described in NMC 2.05.080 shall, upon conviction of a felony, be subject to a fine of up to $100,000 and/or prison for up to five years. [Ord. 2446, 7-8-96; Ord. 2163, 4-1-85; Ord. 1027, 4-5-48. Code 2001 § 30.99.]