Congratulations on your decision to run for office!

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1 Congratulations on your decision to run for office! Enclosed in the packet of materials you will find the following: Positions Open. This sheet lists the positions open for the general election and the incumbents. A candidate must state which position they are running for at the time of filing. City Election Process. This is a step-by-step summary of the local election process. Election Information. This information gives more detail and background about the process. City Election Forms. The forms you will need for office include: 1. SEL 101 Candidate Filing/Major Political Party or Nonpartisan 2. SEL 121 Petition for Nonpartisan Nomination Signature Sheet State of Oregon Candidates Manual Excerpt: Pages The complete manual can be found at: Independence City Charter Candidate Quick Guide on Campaign Finance Reporting in Oregon Quick Reference Restrictions on Political Campaigning for Public Employees To obtain additional information, please contact the City of Independence Election Officer: Karin Johnson, MMC City Recorder 555 South Main Street PO Box 7 Independence, OR phone: fax: kjohnson@ci.independence.or.us

2 City of Independence 555 SOUTH MAIN STREET, P.O. BOX 7 INDEPENDENCE, OR Phone: (503) / TTY: (800) FAX: (503) POSITIONS OPEN 2012 ELECTION Office Mayor Councilor - Position #3 Councilor - Position #5 Councilor - Position #6 Incumbents John McArdle Forrest Peck Gerald Jerry Hoffman Nancy Lodge The term for Mayor is two years. The term for Councilor is four years. Candidates for City offices are nominated by petition and elected at general elections. The candidate receiving a majority of the votes at the general election will be the elected candidate. However, in the event of a tie vote, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council. FIRST DAY FOR FILING: May 30, 2012 LAST DAY FOR FILING: Petitions: City Elections Deadline: 5:00 p.m., August 21, 2012 Verified Petitions: State Deadline: 5:00 p.m., August 28, 2012 For elections packets or if you have questions regarding the election process, please contact the City Elections Officer: Karin Johnson, MMC, City Recorder,

3 City Election Process This step-by-step summary of the election process has been created to assist you in understanding the detailed information contained in this packet. If you have any questions about this information or the elections process, I can be reached at Independence City Hall, , Mondays through Fridays. Karin Johnson, MMC, City Recorder Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: The candidate receives the elections packet from the City Elections Officer. The candidate files with City Elections Officer: Candidate Filing Major Political Party or Nonpartisan (SEL 101). Complete both sides, and mark: Prospective Petition with proposed signature sheet ; AND Petition circulators will be paid (Mark One) Candidate Signature Sheet Nonpartisan (SEL 121) City Elections Officer approves the SEL 121 for signature gathering and provides the candidate a letter authorizing the collection of signatures. The candidate then obtains signatures on the petitions. 21 valid signatures are required for nomination; it is strongly suggested that the candidate obtain several more. Each signature sheet must be signed by the circulator who actually witnessed and obtained the signatures. Candidate submits the completed signature sheets (petitions) to the City Elections Officer with all appropriate boxes filled along with a new SEL 101, marked Completed Petition with certified signature sheets, no later than 5:00 p.m. on August 21, The City Elections Officer will submit the petitions to the County Clerk s Office for signature verification. The City Elections Officer retrieves the petitions from the County Clerk, and verifies the number of valid signatures. If there are at least 21, then this completes the candidate filing requirements, and the candidate s name will appear on the November ballot. If there are an insufficient number of signatures, the City Elections Officer will contact you. You may seek additional signatures if there is still time to obtain them and get them verified by 5:00 p.m., August 28, 2012.

4 City of Independence Office of the City Recorder 555 South Main Street, PO Box 7 Independence, OR Phone Fax kjohnson@ci.independence.or.us ELECTION INFORMATION NOVEMBER 6, 2012 GENERAL ELECTION INTRODUCTION For the 2012 General Election in the City of Independence, there will be vacancies in the office of Mayor, City Council Position #3, City Council Position #5, and City Council Position #6. The following information is being provided to assist you in understanding the requirements and guidelines for the election process. BACKGROUND INFORMATION The Independence City Charter was first adopted upon the city s incorporation in An amended charter was passed by voters in November, 1986, and it outlines the form of government, powers and duties of the Council and officers, various provisions for the operation of the City of Independence and elections. The Charter states the government of the City shall be vested in a Mayor and six Councilors elected from the City at large by numbered positions. Unlike many other cities, Independence is not divided into council wards or districts within the City. The term of office for the Mayor is two years. The Mayor presides over the meetings, acts as the chairperson to preserve order, enforces the rules of the Council and determines the order of business under the rules of the Council. The Mayor also has the power to appoint Council committees as provided by the rules of the Council. The Council positions are numbered one through six; each position serves for a four-year term. Based upon the staggered terms of these positions, the November 2012 election will fill positions #3, #5 and #6. The remaining positions will be chosen in the November 2014 election. A Council president is chosen from among the members at the first meeting of each year and presides over the meetings in the absence of the Mayor. QUALIFICATIONS FOR CANDIDATES To qualify as a candidate for Mayor or City Councilor of the City of Independence you must be: A qualified elector under the laws and constitution of the state of Oregon and a registered voter of the City of Independence; and City of Independence, November 2012 General Election Information - Page 1

5 A resident of the City of Independence who has resided continuously in the City during the 12 months immediately preceding an election. ELECTION LAWS Elections for office in the City of Independence follow the general laws of the State of Oregon as they apply to municipalities, unless specifically addressed by the Independence City Charter or Code. The positions of Mayor and City Councilor are nonpartisan positions. The individual shall be nominated by petition which contains no fewer than 21 qualified electors signatures. When filing for an office, you must specify the position for which you intend to run. The person with the highest number of votes wins the seat; a majority is not required. In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by public drawings of lots. The term of office begins at the first Council meeting of the year immediately after the election and continues until the successor to the office assumes their position. FILING INFORMATION AND GUIDELINES The State of Oregon publishes a Candidates Manual which serves as a guide and also provides the necessary forms referenced below. Please note that the SEL 101 contained in the State of Oregon manual is only a sample. Please use the SEL 101 provided by the City of Independence, as contained in this packet. The City Recorder is the Elections Officer for the City. FILING FOR OFFICE: STEP 1: FILING REQUIRED FORMS To file as a candidate for a position on the City Council, you must complete the following election forms and file them with the City Recorder prior to beginning your campaign: Candidate Filing by Petition Major Political Party or Non Partisan (SEL 101) (Prospective Petition) PLEASE USE THE SEL 101 PROVIDED BY THE CITY OF INDEPENDENCE DO NOT USE THE SAMPLE FORM PROVIDED IN THE STATE S CANDIDATE S MANUAL. This two-sided form is required to be submitted twice; once prior to the collection of signatures (prospective petition), and once after the signatures have been obtained (completed petition). Candidate Signature Sheet - Nonpartisan (SEL 121) This signature sheet must be approved prior to the collection of signatures. The general information on the top should be completed before submitting it to the Elections Officer. After approval, the City Elections Officer will return the form to you so that you may start gathering signatures. Copies of this form should be made and each sheet numbered prior to circulation. The candidate should sign on the first line of one of the petitions; this will help us verify qualification for office. City of Independence, November 2012 General Election Information - Page 2

6 STEP 2: CIRCULATION OF PETITIONS The petitions must contain a minimum of 21 qualified signatures. It is recommended you gather more than the minimum necessary to assure you have the required amount of valid signatures. The circulator must also sign the petition verifying that he/she personally witnessed the signatures and that the circulator believed each individual signer was authorized to do so. Petition for Nonpartisan Nomination Signature Sheet (SEL 121) Once the signature sheet has been approved, the candidate may circulate petitions, keeping in mind the following guidelines: All signers must be active registered voters within the city limits; all signatures must be original signatures; All signatures must be personally witnessed by the petition circulator and the circulator s certification must be completed and dated after all signatures have been collected; No additional signatures may be added to that sheet once the circulator has signed and dated the sheet. STEP 3: FILING COMPLETED PETITIONS Candidate Filing by Petition Major Political Party or Non Partisan (SEL 101) (Completed Petition) After gathering an ample number of signatures, the candidate will submit the petitions to the City Recorder no later than 5:00 p.m., August 21, 2012, along with a new SEL 101, marked Completed Petition with certified signature sheets. This will allow the city sufficient time to have the signatures verified by the County Clerk s Office. After retrieving the petitions from the Polk County Clerk, the City Elections Officer will verify if you have gathered a sufficient number of signatures. At this time you will have completed your requirements for filing for office. Should you need additional signatures, and the filing deadline of August 28, 2012 has not passed, the City Elections Officer will contact you, and you may submit additional signatures up until 5:00 p.m. on the 28 th. Once this is complete, your name will then be sent to the Polk County Clerk s Office for placement on the November 2012 ballot. CAMPAIGN FINANCE REPORTING REQUIREMENTS Filing of financial documents is done with the Oregon Secretary of State, Elections Division. Filing is done electronically, and all the information you will need regarding this process can be found at the state s website: Please review the Campaign Finance Manual for instructions and a filing schedule. All candidates must establish a campaign account and file a Statement of Organization designating a candidate committee, UNLESS the candidate meets all three of the following conditions: The candidate serves as the candidate s own treasurer; AND The candidate does not have an existing candidate committee; AND City of Independence, November 2012 General Election Information - Page 3

7 The candidate does not expect to receive OR spend more than $750 during a calendar year. CHANGE IN INFORMATION PRIOR TO ELECTION If during your campaign there is a change in the information provided on any of the forms you were required to file, new or additional forms may be required. If this occurs, please contact the City Elections Officer for further information. WITHDRAWAL AS A CANDIDATE If you wish to withdraw your name as a candidate prior to the election, you must complete and file a Withdrawal of Candidacy or Nomination Form (SEL 150). This form must be filed no later than 5:00 p.m. on August 31, 2012 to remove your name from the ballot. STATEMENT OF ECONOMIC INTEREST (SEI) AND STATE REPORTING REQUIREMENTS All persons holding elective office in the City of Independence are required to file Statements of Economic Interest with the Oregon Government Ethics Commission. The annual reports must be filed by April 15 th of every year of the incumbency of the official. (To view a sample form, visit: Information requested on the form concerns sources of income, property, business interests and gifts related to the office. Civil penalties may be imposed for failure to file or for insufficient information. Please contact the City Recorder s Office for additional information. GOOD LUCK! City of Independence, November 2012 General Election Information - Page 4

8 Candidate Filing SEL 101 Major Political Party or Nonpartisan rev. 1/12 ORS This information is a matter of public record and may be published or reproduced. Original Amendment Filing Officer: Secretary of State County Elections Official of County Mail or Deliver to County Elections Office City Recorder (Auditor), City of Candidate Information Democratic Party Republican Party Nonpartisan Incumbent Judge Candidate Legal Name* Candidate Name (As it should appear on ballot)* Filing for Office of* District and/or Position (if applicable)* Residence Address, Street/Route* City* State* Zip* County of Residence* Home Phone Work Phone Cell Phone Fax * Website Mailing Address (All correspondence will be sent to this address)* City* State* Zip* * Indicates a required field. At least one phone number is also required. Filing by Declaration, with the required filing fee Office Filing Fee Office Filing Fee United States President n/a County Judge $50 United States Vice President n/a MSD Executive Officer, MSD Auditor $100 United States Senator $150 MSD Councilor $25 United States Representative $100 County Office $50 Statewide Offices $100 City Office set by charter or ordinance State Senator or Representative $25 Justice of the Peace n/a Circuit Court Judge $50 District Attorney $50 Prospective Petition with proposed signature sheet Petition circulators will be paid (Mark One) Yes No Completed Petition with certified signature sheets 2012 Filing Dates Primary Election May 15, 2012 Candidate Filing State Voters Pamphlet Filing Candidate Withdrawal September 8, 2011 to September 8, 2011 to March 6, 2012 March 8, 2012 (for paper filing) March 9, 2012 or March 12, 2012 (for electronic filing) General Election November 6, 2012 May 30, 2012 to May 30, 2012 to August 28, 2012 August 28, 2012 (for paper filing) August 31, 2012 or August 30, 2012 (for electronic filing) (continued)

9 Required Information (If no relevant information list none or n/a) Occupation (present employment paid or unpaid) (required) Occupational Background (previous employment paid or unpaid) (required) Educational Background (schools attended, if necessary use attachment) (required) Name of School (no acronyms) Last grade Level Diploma/Degree/Certificate Course of Study Completed (AA, BA, BS, MA, PhD accredited) (optional) Not honorary Other: Prior Governmental Experience (elected or appointed) (required) By signing this document, I hereby state that: I will accept the nomination for the office indicated above I will qualify for said office if elected if not nominated, I will not accept the nomination or endorsement of any political party other than the one named I have been a member of said political party, subject to the exceptions stated in ORS , for at least 180 days before the deadline for filing a nominating petition or declaration of candidacy (ORS ) all information provided by me on this form is true to the best of my knowledge and no circulators will be compensated based on the number of signatures obtained by the circulator on a prospective petition Check the applicable box (not applicable to candidates for federal office - US Senate and US Representative): By marking this box, I certify I do not have an existing candidate committee and I do not expect to spend more than $750 or receive more than $750 during each calendar year. I understand I must still keep records of all campaign transactions and if total contributions or total expenditures exceed $750 during a calendar year, I must follow the requirements detailed in the 2012 Campaign Finance Manual. By marking this box, I certify that I have already filed or will soon file a Statement of Organization for Candidate Committee (SEL 220). For detailed instructions, see the 2012 Campaign Finance Manual. Warning Supplying false information on this form may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. (ORS ). A person may only file for one lucrative office or not more than one precinct committee person at the same election. Unless the person has withdrawn from the first filing, all filings are invalid. (ORS and ORS ) Candidate s Signature Date Signed For Office Use Only Initials Approval Code/Receipt Number

10 Candidate Signature Sheet - Nonpartisan Petition ID Petition circulators will be paid: Yes No (Mark one) This is a candidate nominating petition. Signers of this page must be active registered voters in the following county: Note to Candidate: Petition signatures must be verified before the petition can be filed with the filing officer. Submit the petition in ample time for the process to be completed before 5pm on the filing deadline day. Candidate s Name Office District or Position Number if applicable To the Appropriate Filing Officer, We, the undersigned voters, request the candidate s name printed above, for nomination to the office indicated, be placed upon the appropriate ballot at the next election following the filing of this petition. Signers must initial any changes that they or the circulator makes to their printed name, residence address or date they signed the petition Signature Date Signed mm/dd/yy Print Name Residence or Mailing Address street, city, zip code Precinct # optional Circulator Certification This certification must be signed by the circulator! I hereby certify that I witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet, and I believe each individual is an elector qualified to sign the petition. (ORS ) I also certify that compensation I received, if any, was not based on the number of signatures obtained for this petition. Warning! Falsely signing this statement may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. (ORS ) Circulator Signature Date Signed mm/dd/yy Printed Name of Circulator Circulator s Address street, city, zip code County Elections Official Certification I hereby certify signatures on this petition are those of active registered voters in County, Oregon. Signature of County Elections Official Date Certified mm/dd/yy Sheet Number SEL 121 rev 1/12 ORS

11 32 Candidates Manual City Candidate City candidates may file with the city elections office by paying a fee or by petition to obtain signatures. City charter or ordinance requirements may differ from state statutes. For more information and specific requirements, contact the city elections official before filing. 1. File by Fee A candidate will file the following with the city elections office: Candidate Filing Major Political Party or Nonpartisan form (SEL 101) and the appropriate filing fee. See the instructions for completing the required portions of the Candidate Filing form on page 41. See the 2012 and 2013 Local Elections Calendar on pages 8 and 9. a Warning a A person may only file for one lucrative office at the same election. Unless the person has withdrawn from the first filing, all filings are invalid. ORS File by Petition ORS , , , , A candidate must allow sufficient time to have signatures verified before the filing deadline. The following forms must be completed and filed with the city elections office: Candidate Filing Major Political Party or Nonpartisan form (SEL 101) marked Prospective Petition Candidate Signature Sheet - Nonpartisan (SEL 121). See the instructions for completing the required portions of the Candidate Filing form on page 41. a Warning a a All a A person may only file for one lucrative office at the same election. Unless the person has withdrawn from the first filing, all filings are invalid. ORS signature sheets must be approved in writing by the city elections official before circulating. Failure to do so will result in the rejection of those signature sheets. D Deadline D to File a Completed Filing of Candidacy for Nonpartisan Nomination The deadline is no sooner than September 8, 2011, and no later than 5pm on March 6, 2012, for the May 15, 2012 Primary Election. ORS If a city does not elect candidates at a primary election, the filing deadline is no sooner than May 30, 2012, and no later than August 28, 2012, for the November 6, 2012 General Election. ORS

12 33 Candidates Manual City Candidate (cont.) 2a. Required Signatures The city elections official will review the prospective petition for required information. Written approval will be provided to circulate the petition. The written approval will include the number of signatures required. A candidate is advised to obtain more than the required number of signatures to ensure the petition contains a sufficient number of valid signatures. City candida te must h ave the lesser of: and file the Candidate Filing Major Political Party or Nonpartisan form (SEL 101) marked Completed Petition. a Warning a Violations of certain circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. ORS See Circulator and Petition Sheet Requirements on page 38. a Warning a 50 0 signatures or Calculated at 1% of the vo tes cast in the electoral district for all candidates for Go vernor The signatures must be obtained from at least 1 0% of the precincts in the city City c ha rter or ordinance may have different requirements Violations of certain circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. ORS c. Signature Verification The city elections official will review signature sheets for sufficient circulator certification. The city elections official will submit the signatures to the county elections official for signature verification. The county elections official will: verify the original signatures against the voters current registration record and return the certified signature sheets to the city elections official. The city elections official will notify the candidate of the results of the signature verification. If it is determined that there are not enough valid signatures and the filing deadline has not passed, the candidate may submit additional signatures. 2b. Complete Filing To complete the filing process a candidate will: See the 2012 and 2013 Local Elections Calendar on pages 8 and 9. ensure each signature sheet certification is signed and dated by the circulator number each signature sheet sequentially in the space provided submit the signature sheets to the city elections official for verification allowing sufficient time for the verification process to be completed prior to the filing deadline

13 CHARTER OF THE CITY OF INDEPENDENCE CHAPTER I Name, Boundaries and General Provisions Section 1. Name. The City of Independence, Polk County, Oregon, shall continue to be a municipal corporation under the name City of Independence. (As amended by Ord. 1153, passed by election held Section 2. Boundaries. The city shall include all territory encompassed by its boundaries as they now exist or hereafter are modified by voters, by the council, or by any other agency with legal power to modify them. The recorder shall keep in his or her office at the city hall at least two copies of this charter in each of which shall be maintained an accurate, up-to-date description of the boundaries. The copies and descriptions shall be available for public inspection at any time during regular office hours of the recorder. (Section 2, as amended by election held November 6, 1962; and Ord. 1153, passed by election held November 4, 1986) Section 3. Existing Ordinances Continued. All ordinances and regulations of the city consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed. (As amended by Ord. 1153, passed by elections held Section 4. Existing Rights and Liabilities Continued. Except as this charter provides otherwise, its adoption shall impair or destroy no right, power, privilege, immunity, or liability of the city existing at the time of the adoption. (As amended by Ord. 1153, passed by election held CHAPTER II Powers Section 5. Powers of the City. The city shall have all rights, powers privileges, and immunities which the constitution and the statutes of the United States, the constitution and statutes of the state of Oregon, and the common law grant[ed] or allow[ed] municipalities expressly or by implication, as fully as though this charter expressly stated each of those rights, powers, privileges, and immunities. (As amended by Ord. 1153, passed by election held Section 6. Construction of Powers. In this charter, no mention of a specific power is exclusive or restricts the authority that the city would have if the specific power were not mentioned. The charter shall be liberally construed, so that, within the limits imposed by the charter or the constitution or laws of the United States or the State of Oregon, the city has all powers necessary or convenient for conducting its private affairs, including all powers that cities may now or hereafter assume under the home rule provision of the constitution and laws of Oregon. The powers are continuing powers. (As amended by Ord. 1153, passed by election held Section 7. Exercise of Power. The city s exercise of a right, power, privilege, or immunity, where not prescribed by constitution or law, shall be in the manner prescribed in this charter, or, when not prescribed by this charter, then in the manner prescribed by ordinance or resolution of the council. (As amended by Ord. 1153, passed by election held CHAPTER III Form of Government Section 8. Form of Government. The government of the city shall be vested in a council and a mayor. (Section 8, as amended by election held November 6, 1962; and Ord. 1153, passed by election held Section 9. Council. The council shall be composed of six council members elected at large. The council positions shall be indicated numerically one through six. A candidate for the council must designate which position he seeks. Each council member shall serve for a term of four years and until a successor has been elected and qualified. At the regular city election in the year 1962 three council members were elected to serve until the end of the year At each subsequent regular city C1

14 election three council members shall be elected to serve a term of four years. (Section 9, as amended by election held November 6, 1962; and Ord. 1153, passed by election held Section 10. Mayor. At each regular city election a mayor shall be elected. He or she shall serve a term of two years and until his or her successor is elected and qualified. (As amended by Ord. 1153, passed by election held Section 11. Other Officers. Additional officers of the city shall be the city manager, municipal judge and recorder. Each of these officers shall be appointed by the mayor with the consent of the council and may be removed by the mayor with the consent of the council. The city manager shall supervise the recorder but the municipal judge shall not be subject in judicial functions to supervision by any other officer. (As amended by Ord. 1153, passed by election held Section 12. Qualifications of Elected Officials. No person shall be eligible for an elective office of the city unless at the time of election he or she is a qualified elector within the meaning of the state constitution, and has resided in the city continuously for the 12 months immediately preceding the election. The council shall be the final judge of the qualifications and election of its own members. (Section 12, as amended by election held November 6, 1962; and Ord. 1153, passed by election held Section 13. Volunteer Employment of Elected Officials. Any elected officer of the city may voluntarily fill the employment obligations of any city position. No compensation shall be received by the elected official for such volunteer employment. (As amended by Ord. 1153, passed by election held CHAPTER IV The Council Section 14. Council Meetings. The council shall provide a time and place for its regular meetings and adopt rules and regulations for the government of its members and proceedings. Where no other rules or regulations apply, the city council proceedings shall be conducted according to the Roberts Rules of Order. The council shall meet regularly at least once a month. The mayor, either on his or her own motion or upon the request of three or more members of the council, may call a special meeting of the council for any time by giving notice of the meeting to all members of the council then in the city. Special meetings of the council may also be held by common consent of all members of the council. Deliberations and proceedings of the council shall be public unless otherwise allowed by law. No council member or the mayor shall interfere with the administration and day to day operations of city departments and personnel, for which the city manager shall be responsible. (As amended by Ord. 1153, passed by election held Section 15. Quorum. Four members of the council shall constitute a quorum to do business, but a lesser number may meet and compel the attendance of the absent members in a manner provided by ordinance. (Section 15, as amended by election held November 6, 1962; and Ord. 1153, passed by election held Section 16. Journal. The council shall keep a journal of its proceedings, and, upon the request of any of its members, the yeas and nays upon a question before it shall be taken and a record of the vote entered into the journal. (Section 16, as amended by election held November 6, 1962; and Ord. 1153, passed by election held November 4, 1986) Section 17. Mayor s Duties at Council Meetings. The mayor shall be the presiding officer of the council. He or she shall not vote except in the case of a tie vote of the members of the council present at a meeting. The mayor shall have authority to preserve order, enforce the rules of the council, and determine the order of business under the rules of the council. (As amended by Ord. 1153, passed by election held Section 18. President of the Council. At its first meeting after the adoption of this charter and thereafter at its first meeting of each succeeding year, the council by ballot shall elect a president from its membership. In the mayor s absence from a council meeting, the president shall preside. Whenever the mayor is unable, on account of absence, illness or other cause, to perform the functions of his office, the president of the council C2

15 shall act as mayor. (As amended by Ord. 1153, passed by election held Section 19. Vote Required. The concurrence of four members of the council shall be necessary to determine any question before the council, except in a case of a tie vote of all members of the council, when four votes, including the mayor s vote, shall be necessary. Members absent, abstaining, or council positions vacant may be considered negative votes for the purpose of invoking the tie vote clause, enabling the mayor to vote. (Section 19, as amended by election held November 6, 1962; and Ord. 1153, passed by election held November 4, 1986) CHAPTER V Powers and Duties of City Officers Section 20. Mayor. The mayor shall make appointments to the committees provided for under the rules of the council or otherwise, and shall fill all vacancies in such committees. All appointments shall be approved by vote of the council. The mayor shall have the authority to countersign all orders of the city. The mayor shall have no veto power, but shall sign all ordinances passed by the city council within three days after passage. The mayor shall sign all approved proceedings of the council, and shall have authority to sign all writings authorized by this charter, the laws of the State or the council. With the consent of the council, the mayor shall approve all official bonds and bonds for licenses, contract and proposals. The mayor shall not have the power to hire, remove or suspend any city employee, with the exception of the city manager, municipal judge or city recorder. Hiring, removal or suspension of the city manager, municipal judge or city recorder by the mayor shall be with the consent of the council. (As amended by Ord. 1153, passed by election held Section 21. Municipal Judge. The municipal judge shall be the judicial officer of the city. He or she shall hold with the city a court known as the Municipal Court of the City of Independence, Polk County, Oregon. Except of nonjudicial days, the court shall be open for the transaction of judicial business, as prescribed by the laws of the State of Oregon. The jurisdiction of the court shall be the city. The municipal judge shall exercise original and exclusive jurisdiction over all crimes and offenses defined and made punishable by ordinances of the city and over all actions brought to recover forfeitures or enforce penalties defined or authorized by ordinance of the city. The municipal judge shall have authority to issue process for the arrest of persons accused of an offense against the ordinances of the city, to commit such person to jail or admit them to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify before him or her on the trial process necessary to carry into the effect the judgements of the municipal court, and to punish witnesses and others for contempt of court. When not governed by ordinance or this charter, all proceedings in the municipal court for the violation of a city ordinance shall be governed by the general laws of the state governing justices of he peace and justice courts. (Section 21, as amended by election held November 6, 1962; and Ord. 1153, passed by election held Section 22. Recorder. The recorder shall be exofficio clerk of the council, shall attend all meetings of the council and shall keep an accurate record of its proceedings in a book provided for that purpose. In his or her absence from a council meeting, the council shall appoint a clerk of the council pro tempore, who, while acting in that capacity, shall have all the authority of the recorder. The recorder shall countersign all writings authorized by this charter or the law of the State. (As amended by Ord. 1153, passed by election held Section 23. City Manager. The city manager shall be the chief executive officer of the city and shall exercise supervision of its general affairs. The powers and duties of the city manager shall be as provided by ordinance. Hiring, suspensions and removal of all department heads and employees other than those officer specifically set forth in Section 11 pertaining to officers shall be by the city manager. (As amended by Ord. 1153, passed by election held CHAPTER VI Elections Section 24. Regular City Elections and Special Elections. Unless otherwise provided in this charter or by ordinance, the general laws of the State apply to city elections. (As amended by Ord. 1153, passed by election held C3

16 Section 25. Notice of Elections. The recorder, under the direction of the council, shall give at least 10 days notice of each city election by posting notices in three public places in each precinct in the city or by publishing a notice twice in a newspaper of general circulation in the city. The notice shall state the officers to be elected at the election, the measures to be voted on at the election, and the time and places of the election. (As amended by Ord. 1153, passed by election held November 4, 1986) Section 26. Tie Votes. In the event of a tie vote for candidates for elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council. (As amended by Ord. 1153, passed by election held Section 27. Commencement of Terms of Office. The term of each elective officer chosen at a regular city election shall commence at the time of the first regular council meeting in January immediately following the election. In case of an election or appointment to fill a vacancy in office, the person elected or appointed shall enter upon the office immediately. (As amended by Ord. 1153, passed by election held Section 28. Oath of Office. Every officer, upon entering office, shall take or file with the recorder an oath or affirmation that he will support the constitution of the United States and of the state of Oregon and the charter and ordinances of the city of Independence and that he or she will perform the duties of his or her office to the best of his or her ability. (As amended by Ord. 1153, passed by election held Section 29. Nominations. The council shall provide by ordinance the mode for nominating elective officers. (As amended by Ord. 1153, passed by election held CHAPTER VII Vacancies in Office Section 30. When Office is Vacant. An office shall be deemed vacant upon the incumbent s death, insanity, conviction of a felony, resignation, removal from the city, absence from the city for a period of 90 days without the consent of the council, or ceasing to possess the qualifications necessary for office; or upon the failure of the person elected or appointed to an office to qualify therefor on or before the day his or her term of office commences; and in the case of the mayor or a member of the council, in addition to the above causes, upon his or her absence from meetings of the council for a period of 90 days without the consent of the council. (As amended by Ord. 1153, passed by election held Section 31. Filling of Vacancies. Vacancies in elected offices in the city shall be filled by a majority of the incumbent members of the council. In the case of a tie vote, the mayor shall have the right to vote as provided in Section 19. The appointee s term of office shall begin immediately upon his or her appointment and shall continue throughout the unexpired term of his predecessor. During the temporary disability of any officer or during his or her absence from the city for any cause, his or office may be filled pro tem in the manner provided for filling vacancies in office permanently. (Section 32, as amended by election held November 6, 1962; and Ord. 1153, passed by election held CHAPTER VIII Ordinances Section 32. Enacting Clause. The enacting clause of all ordinances shall be The City of Independence does ordain as follows. (As amended by Ord. 1153, passed by election held Section 33. Introduction, Reading and Passage. Every ordinance shall be read in open council meeting on two different days previous to being put upon its final passage. Each ordinance shall be read once in full and once by title. However, any ordinance may be introduced, read twice, once in full and once by title, and put upon its passage at a single meeting by a unanimous vote of all members of the council present at the meeting or, in the case of an emergency, by a majority vote of all members of the council present at the meeting. Upon the final vote the yeas and nays of the council shall be taken and recorded in the journal. If the ordinance passes, the recorder shall so endorse it, with the date and his name and title of office, and the mayor shall, within three days thereafter, sign the ordinance with C4

17 the date, his or her name, and the title of office. (As amended by Ord. 1153, passed by election held Section 34. When Ordinances Take Effect. Each ordinance passed by the council shall take effect on the thirtieth day after it has been signed by the mayor; but when the council desires, or in case of an emergency, an ordinance may provide a different time when it is to take effect. The emergency shall be clearly stated within the ordinance itself and the reason for the emergency stated in the record. (As amended by Ord. 1153, passed by election held CHAPTER IX Public Improvements Section 35. Condemnation. The necessity for taking property by condemnation shall be determined by the city council and declared by resolution describing the property and stating the use to which it shall be devoted. (As amended by Ord. 1153, passed by election held November 4, 1986) Section 36. Improvements. The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance, or, to the extent not so governed, by the applicable state laws. (As amended by Ord. 1153, passed by election held CHAPTER X Miscellaneous Section 39. Limitations on General and Bonded Indebtedness. The city s indebtedness may not exceed the limits imposed on a city by state law. (As amended by Ord. 1153, passed by election held Section 40. Time of Effect of Charter. This charter is in effect immediately upon its passage and approval by the voters of the City of Independence. All charter provisions of the city enacted prior to the time this charter takes effect are repealed. (As amended by Ord. 1153, passed by election held Section 41. Severability. If any provisions of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. (As amended by Ord. 1153, passed by election held November 4, 1986) Section 37. Special Assessments. The procedure for levying special assessments for public improvements shall be governed by ordinance. (As amended by Ord. 1153, passed by election held Section 38. Bids for Public Improvement. All contracts for public improvements in the total amount of more than $5,000 shall be let to the lowest responsible bidder. Plans and specifications shall be furnished by the proper office or department of the city and approved by the council. Contracts for public improvements in the total amount of less than $5,000 shall be awarded on the basis of competitive quotes, as approved by the city manager. (Section 39, as amended by election held November 6, 1962; and Ord. 1153, passed by election held C5

18 Candidate Quick Guide on Campaign Finance Reporting in Oregon Where and how do I start? Congratulations on your decision to run for office! We hope this guide provides tips and answers to frequently asked questions by first-time candidates. More detailed information is available in the Campaign Finance Manual and the ORESTAR User s Manual. Who files disclosure reports? If you Serve as your own treasurer and Do not have an existing candidate committee and Do not expect to spend or receive more than $750 during the entire calendar year (including personal funds) Do not expect to receive a total of more than $3,000 or spend a total of more than $3,000 for the entire calendar year Then Relax. No action is necessary. File a Statement of Organization using ORESTAR or by paper Establish a dedicated campaign account and file a Campaign Account Information form File a Certificate of Limited Contributions and Expenditures Expect to spend or receive more than $3,000 Register the committee in the Secretary of State s ORESTAR System File a Statement of Organization Establish a dedicated campaign account and file a Campaign Account Information form What starts the whole process? The decision to run for an office, spending money on your candidacy and accepting campaign contributions. Once I become a candidate, then what? You must register your committee with the Secretary of State: within 3 business days of first receiving a contribution or making an expenditure; and no later than the deadline for filing a nominating petition, declaration of candidacy or certificate of nomination Keeping Books The key to complying with campaign contribution and expenditure disclosure requirements is to keep detailed records and file your transactions on time. Electronic Filing Oregon law requires that campaign finance activities be filed electronically. The Secretary of State s Office provides an electronic filing system, ORESTAR, free of charge. There is a terminal located in the Elections Division office for the public to use free of charge

19 To create a committee, log on to our website, In the ORESTAR section of the screen, click on the register link and set up your account. Once you receive electronic notice of approval, you can then electronically submit your Statement of Organization and Campaign Account Information. Once your information is reviewed and approved, you will be assigned a committee number and you will be mailed a copy of the Campaign Finance Manual and ORESTAR User s Manual. What if I don t own a computer? A Statement of Organization (SEL 220), Campaign Account Information (SEL 223) and Certificates of Limited Contributions and Expenditures (PC 7) may be filed via paper forms. Contributions and expenditures must be reported electronically. You may want to check with your local library or other public facilities in your area to see if they provide a computer terminal for public use. Must I have a dedicated campaign account? Oregon law requires that you establish a dedicated campaign account if you expect to spend or receive more than $750 during the calendar year. The account must be established in a financial institution located in Oregon that ordinarily conducts business with the general public in Oregon. One important reminder when establishing your campaign account, the name of the committee and the name of the account must be the same. Are there limits on campaign contributions and expenditures? Oregon does not have contribution and expenditure limits. When do I report contribution and expenditures? Contributions and expenditures are reported on a transaction-basis. Generally, a transaction is due no later than 30 calendar days after the date of the transaction. For committees active in an election, these dates will change. The campaign finance reporting requirements and additional transaction deadlines are available in the Campaign Finance Manual. Information on how to electronically file transactions is detailed in the ORESTAR User s Manual. Are my campaign finance activities public record? Yes. Most information, except campaign account information, is available on our website and is available to the public for inspection. May I serve as my own treasurer? Yes, you may serve as your own treasurer. The Campaign Finance Manual provides committees with information on candidate/treasurer responsibilities. How do I discontinue my committee? In order to discontinue your committee, you must: File all transactions to achieve a zero balance and file a Statement to Organization discontinuing the committee Where do I get copies of forms and instruction manuals? All publications are available online at or may be requested from the Secretary of State s Office at Need additional help? The Elections Division staff is available to answer any questions. You may: your questions to elections.sos@state.or.us call us at (503) or at (866) ORE VOTES visit our web site at revised 04/25/12

20 A public employee, on their own, off duty time, may send letters to the editor that advocate a political position and may participate in any other lawful political activity. It is advised that a salaried public employee keep records when appropriate in order to verify any such political activity that occurs while off duty. Prohibited and Allowable Activities for Elected Officials* *includes a person appointed to fill a vacancy in an elective public office ORS Quick Reference Restrictions on Political Campaigning for Public Employees Generally, ORS states that a public employee* may not, while on the job during working hours, promote or oppose election petitions, candidates, political committee or ballot measures. Additionally, no person (including elected officials) may require a public employee (at any time) to do so. *A public employee includes public officials who are not elected, whether they are paid or unpaid (including appointed boards and commissions). revised 1/10 Elected officials may: g advocate a political position at any time. Elected officials are not considered a public employee for purposes of ORS ORS (4)(a). g vote with the other elected officials of a governing body (such as a school board, city council or county commission) to support or oppose a measure, and publicly discuss such a vote but must not use the public employee staff time to assist in this, except for ministerial functions g perform campaign activity at any time, however must take caution not to involve any public employee s work time to do so Elected officials may not: As used in this Quick Reference We use the phrase advocate(s) a political position to mean promote or oppose an initiative, referendum or recall petition, candidate, political committee or ballot measure. The term impartial means equitable, fair, unbiased and dispassionate. See the Secretary of State s detailed memo on ORS for specific factors to assist in ensuring impartiality in communications about ballot measures. It is posted on the website under Publications. g in the role of a supervisor, request a public employee whether the public employee is on or off duty to perform any political activity A request made by a person in a position of supervisor or superior is viewed as a command for purposes of this election law. g have an opinion piece or letter advocating a political position published in a jurisdiction s newsletter or other publication produced or distributed by public employees For more detailed information about ORS and information about other election laws, contact: Elections Division phone Secretary of State fax Capitol St NE, Suite 501 tty Salem OR web