We, the voters of Pilot Rock, 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 2005 Pilot Rock Charter.

Section 2 Name.

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

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 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 counselors nominated and elected from the city at large.

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 not a voting member of the council except in the event of a tie and has no veto authority. With the consent of council, the mayor appoints members of commissions and committees established by ordinance or resolution. 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.

Section 10 Rules.

The council must by resolution adopt rules to govern its meetings.

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 the rules.

Section 12 Quorum.

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

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.

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 Pilot Rock 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 city custodian of records must endorse it with the date of adoption and the custodian’s name and title.

(f) Every ordinance shall be fully and distinctly read in an open council meeting on two different days previous to being put upon its final passage, but any ordinance may be introduced, read twice, once in full and once by title, and put on its final passage at a single meeting, provided that when copies of a proposed ordinance are available to the public and members of the council at the commencement of a council meeting at which any action is taken on said ordinance, either introduction or vote, it may be read by title only, in lieu of full reading, unless one or more councilmen demand that it be read in full.

Section 17 Effective Date of Ordinances.

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

Chapter V
Administrative Authority

Section 18 Resolution.

The council will normally exercise its administrative authority by approving resolutions. The approving clause for resolutions may state “The City of Pilot Rock 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 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.

Resolution 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 Pilot Rock 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 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.

The term of a councilor in office when this charter is adopted is the term for which the councilor was elected.

Section 25 Mayor.

The term of the mayor in office when this charter is adopted continues until the beginning of the first odd-numbered year after adoption. At every other general election after the adoption, a mayor will be elected for a four-year term.

Section 26 State Law.

City elections must conform to state law except as this charter or ordinance 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, and reside within the city for at least one year immediately before election or appointment to 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.

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 councilor position.

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 and Oregon.

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 30 days without council consent, or from all council meetings within a 60-day period,

(3) Ceasing to reside in the city,

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

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

(6) Resignation from the office. [Amended during 2011 codification].

Section 32 Filling Vacancies.

A mayor or council vacancy will be filled by appointment by a majority of the remaining council members. The appointee’s term of office runs from appointment until expiration of the term of office of the last person elected to that office. 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 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 will be hired by contract as approved by the city council.

Section 34 Municipal Court and Judge.

(a) A majority of the council may appoint and remove a municipal judge. A 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 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.

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

Chapter IX
Personnel

Section 35 Compensation.

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

Section 36 Merit Systems.

The council will determine the rules governing recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of city employees based on merit and fitness.

Chapter X
Public Improvements

Section 37 Procedure.

The council may by ordinance provide for procedures governing the making, altering, vacating, or abandoning of a public improvement. A proposed public improvement may be suspended for six months upon remonstrance by owners of the real property to be specially assessed for the improvement. The number of owners necessary to suspend the action will be determined by ordinance.

Section 38 Special Assessments.

The procedure for levying, collecting and enforcing special assessments for public improvements or other services charged against real property will be governed by ordinance.

Chapter XI
Miscellaneous Provisions

Section 39 Debt.

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

Section 40 Ordinance Continuation.

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

Section 41 Repeal.

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

Section 42 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 this charter.

Section 43 Time of Effect.

This charter takes effect January 1, 2006.

CHARTER

Chapter INames and Boundaries