Chapter 2.28
REMOVAL OF VOLUNTEER OFFICERS
Sections:
2.28.030 Grounds for removal, suspension or reprimand.
2.28.040 Procedure for disciplinary action.
2.28.060 Supplementary powers.
2.28.010 Ethics.
Members of boards and commissions shall comply with the provisions of the State Code of Ethics found in ORS 244.040. (Ord. 94-127 § 1, 1994)
2.28.020 Compensation.
No member of any board or commission shall receive any compensation for services as a member of the board or commission. (Ord. 94-127 § 2, 1994)
2.28.030 Grounds for removal, suspension or reprimand.
The council may remove, suspend or reprimand a member whenever, upon proper proceedings for that purpose, it appears to the council that:
A. The member has committed an act or carried on a course of conduct of such nature that, if the member were applying for the board or commission, the application should be denied;
B. The member has been convicted in any jurisdiction of an offense which is a misdemeanor involving moral turpitude or a felony under the laws of this state, or is punishable by death or imprisonment under the laws of the United States, in any of which cases the record of the conviction shall be conclusive evidence;
C. The member is guilty of willful misconduct in the board or commission;
D. The member is guilty of violation of any of the provisions of Oregon Code of Ethics;
E. The member is guilty of gross or repeated neglect of duty on the board or commission, including having three or more unexcused absences within two years; or
F. The member has violated any of the provisions of the Silverton Municipal Code pertaining to the work of the commission or board. (Ord. 94-127 § 3, 1994)
2.28.040 Procedure for disciplinary action.
A. The council shall hear formal charges against members of the city’s boards and commissions.
B. A member, formally accused of misconduct, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to present evidence and witnesses. The member shall also have the right to appear and testify.
C. Formal rules of evidence in disciplinary proceedings shall not apply, but the mayor shall only admit such evidence as may be material to the council’s determinations.
D. The council shall have the authority to take evidence, administer oaths or affirmations, and issue rulings pertaining to the disciplinary matter before the council.
E. A witness in a disciplinary proceeding who testifies falsely shall be subject to sanction by the state offenses of false swearing.
F. The mayor or any member of the council may administer oaths or affirmations and issue any subpoena provided for in subsection A of this section.
G. The hearing before the disciplinary council shall be held within 60 days of the written notice of charges.
H. A record of all hearings shall be made and preserved by the council.
Upon the conclusion of a hearing, the council shall approve a written decision in the matter. The decision shall be effective as specified in the decision. The member shall be mailed a copy of the decision within three days of its approval. If the decision of the council finds the accused member has committed the alleged wrongdoing and determines that the accused member should be disciplined by way of reprimand or removal from the board or commission, the accused may seek reconsideration by the council. Such review shall be a matter of right upon the written request of the accused. The request must be submitted to the city within 10 days of the disciplinary action. Otherwise, the decision of the council shall be final. (Ord. 94-127 § 4, 1994)
2.28.050 Code adopted.
Sturgis Standard Code of Parliamentary Procedure is hereby adopted to govern the disciplinary proceedings of the council, its committees, and advisory boards and commissions for all procedures not expressly addressed by City Charter, ordinance, or resolution. (Ord. 94-127 § 5, 1994)
2.28.060 Supplementary powers.
In addition to the powers and duties established by this chapter, the council shall have such additional powers as authorized by state law. (Ord. 94-127 § 6, 1994)