RESOLUTION NO. 2017 17 A RESOLUTION TO SUBMIT A MEASURE TO VOTERS TO AMEND THE WEST LINN CHARTER RELATING TO CITY COUNCIL AUTHORITY OVER ADMINISTRATION AND LEGAL SERVICES WHEREAS, the City Council recognizes that it has authority to hire any legal advisors it deems necessary; WHEREAS, paragraph 8(f) of the West Linn City Charter specified that the City Council could hire legal advisors until this paragraph was deleted in the September 2013 election; WHEREAS, the City Council discussed restoring paragraph 8(f) to make the Council s ability to retain legal advisors explicit in the Charter during its June 26, 2017, and July 2017, meetings; WHEREAS, the City Council voted to restore the language in paragraph 8(f) to reaffirm the Council s ability to hire and supervise its legal advisors at its July 24, 2017, meeting; WHEREAS, the City Council wishes to make it clear that all legal advice received by the Council or its citizen advisory groups will be overseen by the City Attorney; and WHEREAS, the City Council voted at its July 24, 2017, meeting to add language to Section 23A of the Charter to address what legal advisors can provide legal advice to the Council; and WHEREAS, the City Council recognizes that councilors have authority to convey concerns relating to city business or the performance of an employee or department to the City Manager; WHEREAS, Section 21A of the West Linn City Charter specifies that the City Council cannot interfere with the City Manager s public contract or personnel decisions; WHEREAS, at its June 26, 2017, and July 24, 2017, meetings the City Council discussed clarifying Section 21A to make it clear a councilor can provide input to the City Manager on city business and employee performance, as long as the councilor does not attempt to interfere with, influence or coerce the City Manager s decision; WHEREAS, the City Council voted on July 24, 2017, to add language to Section 21A to clarify that councilors can provide input to the City Manager on public business and the performance of employees and departments at its July 24, 2017, meeting;
NOW, THEREFORE, THE CITY OF WEST LINN RESOLVES AS FOLLOWS: SECTION 1. Referral. The ballot title attached in Exhibit A shall be referred to the legal voters of the City of West Linn, Clackamas County, Oregon at the election on Tuesday, November 7, 2017. SECTION 2. Tuesday, November 7, 2017, is designated as the date for holding the election for the purpose of voting on the measure. The precinct for the election shall be all of the territory within the corporate limits of the City of West Linn, and the election will be conducted by the Clackamas County Elections Department by mail. SECTION 3. The City Elections Officer is directed to publish notice of receipt of the ballot title in the West Linn Tidings or The Oregonian in compliance with ORS 250.275(5). SECTION 4. The City Elections Officer shall file the ballot title with the county clerk as required by ORS 254.095 and include the proposed measure in the statement of city measures to be voted on. SECTION 5. City staff is directed to prepare an Explanatory Statement for the measure and submit it for inclusion in the voters pamphlet as provided in ORS 251.345. SECTION 6. If a majority of eligible voters vote yes on the measure, the West Linn City Charter will be amended as follows: 6.1 Section 8, Councilors, will have the following language added to this Section: (g) The Council may retain legal advisors as it deems prudent. These legal advisors shall report to and serve at the direction of the Council. 6.2 Section 23A. City Attorney, will have the following language added to this Section: The office of City Attorney is established as the chief legal officer of the City. The City Attorney shall be appointed and removed by a majority of all incumbent members of the Council. Any legal advice provided to the City Council or its advisory groups shall be overseen by the City Attorney. 6.3 Section 21A. No Interference with Personnel or Public Contracting, will be amended as follows: No City Council member may directly or indirectly, by suggestion, or otherwise, attempt to interfere, influence, or coerce the City Manager in the award of a public contract or the hiring, discipline, or termination of any personnel decision. This shall not prevent a City Council member from providing input to the City
Manager relating to City business or the performance of an employee or department. This resolution was PASSED and ADOPTED this day of, 2017, and takes effect upon passage. ATTEST: KATHY MOLLUSKY, CITY RECORDER RUSSELL AXELROD, MAYOR APPROVED AS TO FORM: CITY ATTORNEY
EXHIBIT A (FINAL VERSION WILL BE IN ATTACHED FORM SEL 805) CAPTION 10 words Amends City Charter regarding authority over administration and legal services QUESTION 20 words Shall Charter be amended to clarify City Council authority over administrative matters and legal advice to City Council? SUMMARY 175 words The measure adopts amendments to the City Charter related to City Council authority which expressly provide: All legal advisors to the City Council, including the City Attorney, are retained by and serve at the direction of the Council. This revision restores previously deleted Section 8.f and authorizes the Council to retain any legal services it deems prudent. All legal advice to the City Council is subject to City Attorney oversight. This revision amends Section 23.A to add language requiring that legal advice to the Council or its advisory groups be overseen by the City Attorney. The amendment does not preclude the City Manager from employing an attorney for general city administration and operations. City Councilors may provide input to the City Manager relating to City business or the performance of an employee or department without interfering with the manager s administrative authority. This revision amends Section 21.A and makes clear that Council members may discuss their concerns, so long as they do not attempt to interfere, influence or coerce the City Manager into actions the manager might not otherwise take.
PROPOSED CHARTER AMENDMENTS NOVEMBER 7, 2017 ELECTION EXPLANATORY STATEMENT 500 words About this Measure If approved, this measure would make three changes to the West Linn Charter. The changes relate to the City Council s authority over legal services and the authority of a Council member to provide input to the City Manager on certain topics without violating the Charter restriction on interference with administration. The proposed changes to the Charter are underlined below: Section 8, Councilors, will have the following language added to this Section: (g) The Council may retain legal advisors as it deems prudent. These legal advisors shall report to and serve at the direction of the Council. Section 23A. City Attorney, will have the following language added to this Section: The office of City Attorney is established as the chief legal officer of the City. The City Attorney shall be appointed and removed by a majority of all incumbent members of the Council. Any legal advice provided to the City Council or its advisory groups shall be overseen by the City Attorney. Section 21A. No Interference with Personnel or Public Contracting, will be amended as follows: No City Council member may directly or indirectly, by suggestion, or otherwise, attempt to interfere, influence, or coerce the City Manager in the award of a public contract or the hiring, discipline, or termination of any personnel decision. This shall not prevent a City Council member from providing input to the City Manager relating to City business or the performance of an employee or department. Why this Measure is Proposed In 2013, the City Council was presented with a number of potential changes to the City Charter relating to the provision of legal services to the City. The changes were approved by the voters in the fall of 2013. The current City Council held a number of discussions related to the ambiguity of these Charter amendments and the desired structure for the provision of legal services to the City. The Council then considered and crafted two proposed charter amendments to address the structure of provision of legal services to City staff and the City Council. The City Council also addressed the issue of Council members ability to give input to the City Manager about city business and the performance of city departments and staff. This resulted in a third proposed charter amendment. Amendment of the Charter requires approval by the City s voters. If This Measure is Approved The amendments will confirm the City Council s authority to hire any legal advisors it deems necessary. The amendments will also clarify the role of the City Attorney and require that all advice to the Council and its advisory groups be overseen by the City Attorney. The amendments will not prohibit the City Manager from employing an attorney for general city administration and operations. The third amendment will clarify that members of the City Council may give input to the City Manager so long as their actions do not attempt to interfere, influence or coerce the City Manager into actions the manager might not otherwise take. (500 words)