Chapter V - Powers & Duties of Officers
Section 1. Mayor.
No ordinance passed by the Council shall go into effect or be of any force until approved by the Mayor, except as provided in the following sections.
- Upon the passage of any ordinance or resolution the enrolled copy thereof, attested by the City Recorder, shall be submitted to the Mayor by the City Recorder, and if the Mayor approves the same, the Mayor shall write thereon “approved” with the date of such approval, and sign the same officially and thereupon, unless otherwise provided therein, such ordinance shall become law and be of force and effect. (Amended by voters May 21, 2013, Measure 17-50)
- If the Mayor does not approve of an ordinance or resolution so submitted, the Mayor must, within three (3) days from the receipt thereof, return the same to the City Recorder, with the Mayor’s written reasons for not approving it; and if the Mayor does not return it within three (3) days, such ordinance or resolution shall become law as if the Mayor had approved it. Within three (3) days of return of a disapproved ordinance or resolution, the City Recorder must notify the Council of such action. (Amended by voters May 21, 2013, Measure 17-50)
- At the first meeting of the Council after the return by the Mayor of any ordinance or resolution not approved, the City Recorder shall present the same to the Council, with the written reasons of objections of the Mayor, all of which must be read to the Council, and such ordinance or resolution shall then be put upon its passage again, and if three-fourths of all members constituting the Council shall vote in favor of such ordinance or resolution, it shall thereupon become a law without the approval of the Mayor. (Amended by voters May 21, 2013, Measure 17-50)
Section 2. City Manager.
- Qualifications. The City Manager shall be the administrative head of the government of the City. The City Manager shall be chosen by the Council without regard to political considerations and solely with reference to the candidate’s executive and administrative qualifications. The City Manager need not be a resident of the City or of the State at the time of appointment, but promptly thereafter shall become and, during the incumbency, remain a resident of the City. Before taking office, the City Manager candidate shall be bonded in such amounts and with such surety as may be approved by the Council. The premiums on such bonds shall be paid by the City.
- Term. The Manager shall be appointed for a definite or an indefinite term and may be removed at any time by a majority of the Council currently holding office. The Council must fill the office by appointment as soon as practicable after the vacancy occurs. (Amended by voters May 21, 2013, Measure 17-50)
- Powers and Duties. The powers and duties of the Manager shall be as follows:
a. Devote all time to the discharge of official duties, attend all meetings the Council unless excused therefrom by the Council or the Mayor,keep the Council advised at all times of the affairs and needs of the City and make reports as requested by the Council of all the affairs and Departments of the City.
b. See that all ordinances are enforced and that provisions of all franchises, leases, contracts, permits and privileges granted by the City are observed.
c. Designate a City Recorder and the Manager shall hire and may remove City employees except as the Charter otherwise provides and shall have general supervision and control over them and their work with power to transfer an employee from one department to another. The Manager shall supervise the departments to the end of obtaining the utmost efficiency in each of them. The Manager shall have no control, however, over the Council or over the judicial activities of the municipal judge. All personnel actions affecting the appointment, removal, transfer, demotion, layoff or disciplinary action of court employees shall have the consent of the municipal judge. In the event the Manager and judge shall disagree on any aforementioned proposed personnel action, the Council shall determine the appropriate action. (Amended by voters May 21, 2013, Measure 17-50)
d. Act as purchasing agent for all departments of the City.
e. Be responsible for preparing and submitting to the Budget Committee the annual budget estimates and such reports as that body requests.
f. Supervise the operation of all public utilities owned and operated by the City and shall have general supervision over all City property.
g. Appoint, in his discretion, a Manager Pro Tem in the event of his absence from the City. (Amended by voters May 21, 2013, Measure 17-50)
- Seats at Council Meetings. The Manager, and such other officers as the Council designates, shall be entitled to sit with the Council but shall have no vote on questions before it. The Manager may take part in all Council discussions.
- Manager Pro Tem. If the Manager is temporarily disabled from acting as Manager or when the office of Manager becomes vacant, the majority of the Council currently holding office must appoint a Manager Pro Tem. The Manager Pro Tem has the authority and duties of Manager, except that a Pro Tem Manager may only appoint or remove department heads with the approval of the majority of Council currently holding office. (Amended by voters May 21, 2013, Measure 17-50)
- Interference in Administration and Elections. No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to coerce the Manager in making of any appointment or removal of any employee or in the purchase of supplies; or attempt to exact any promise relative to any appointment from any candidate for Manager; or discuss directly or indirectly with the Manager the matter of specific appointments to any City employment. Violation of the foregoing shall constitute grounds for removal from office by a majority of the Council holding office following a public hearing. Nothing in this section shall be construed to prohibit the Council, during any regular or special meeting, from fully and freely discussing with or suggesting to the Manager anything pertaining to the foregoing matters or City affairs and for the best interests of the City. (Amended by voters May 21, 2013, Measure 17-50)
- Ineligible Persons. Neither the Manager’s spouse nor any person related to the Manager or Manager’s spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with the City.
Section 3. Municipal Judge.
- The Municipal Judge shall be the judicial officer of the city, shall be and remain a member of the Oregon State Bar and shall hold within the city a court known as the Municipal Court for the City of Grants Pass, Josephine County, Oregon. Except on non-judicial days, the court shall be open for the transaction of judicial business as prescribed by the laws of the state. The territorial jurisdiction of the court shall include the entire area within the boundaries of the city as now or hereafter established. The municipal court shall have original jurisdiction of all offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the city. The municipal court shall also have such jurisdiction and authority as may now exist, or hereafter be granted or created by the laws of the State of Oregon. The functions of the Municipal Judge and municipal court may be fulfilled by a state court when so appointed and designated by the Council.
- The Municipal Judge shall have authority to issue process for the arrest of any person accused of any offense against the ordinances of the city, to commit any such person to jail or admit such person to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before the Municipal Judge to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of court. When not governed by ordinances or this Charter, all proceedings in the municipal court for the violation of the city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts, or by the general laws of the state governing any state court designated or appointed by the Council.
- The Municipal Judge's Pro Tem shall have the same qualifications as the Municipal Judge and a Municipal Judge Pro Tem shall serve as Municipal Judge during the absence or disability of the Municipal Judge.
- The City Attorney shall be the Chief Legal Officer of the City. The City Manager shall hire and/or terminate the City Attorney subject to the consent of the majority of the Council currently holding office. (Amended by voters May 21, 2013, Measure 17-50)