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Article 6 Officers and Employees

City Charter Article

Section 2-601 Appointive Officers.

[May 3, 1913, new sec. 102; rev. 1914, sec. 80; 1928 pub., sec. 80; 1942 recod., sec. 2-501; rev. Nov. 6, 1962; am. May 20, 1980; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor appoints members of boards and commissions subject to Council confirmation. The Mayor appoints, subject to Council confirmation, the City Administrator, the City Attorney and the Chief of Police. Heads of other offices and bureaus are appointed by the City Administrator. 

Section 2-602 Qualifications and Removals.

[May 3, 1913, new sec. 103; rev. 1914, sec. 81; 1928 pub., sec. 81; 1942 recod., sec. 2-502; rev. Nov. 6, 1962; amended November 8, 2022, effective January 1, 2025.]

  1. All officers appointed by the Council, Mayor or City Administrator shall serve during the pleasure of the appointing authority. Any may be removed for cause at any time by the appointing authority and, if the appointing body is the Council, by a majority vote of the Council. A statement of reasons for the removal shall be included in the order, and the officer removed shall have the right to make a counter statement in writing which shall be filed and preserved with the order of removal. The order of removal shall not be reviewable. Vacancies in any of such offices shall be filled by the appointing authority. The appointing authority may impose any duties upon any officer not inconsistent with the general character of such office, and may divide or consolidate any of said offices. The Council may fix and may change from time to time the salaries of every officer. The officers appointed shall at the time of their appointment be citizens of the United States.
  2. The City Attorney shall be a member in good standing of the Bar of the State of Oregon. The City Attorney may have one or more deputies who are members of the Bar of the State of Oregon to be appointed by the City Attorney in writing and to continue during the City Attorney's pleasure. The number and compensation of such deputies shall be fixed by the Council and they shall be deemed removed on the removal or resignation of the City Attorney. The Chief of Police shall have had at least ten years active police experience. 

Section 2-603 Subordinate Offices and Employments.

[May 3, 1913, new sec. 104; rev. 1914, sec. 82; 1928 pub., sec. 82; 1942 recod., sec. 2‑503; rev. Nov. 6, 1962; am. May 18, 1994; amended by Ordinance 190204, effective December 18, 2020; amended November 8, 2022, effective January 1, 2025.]

  1. Pursuant to its legislative authority, the Council shall have the power by ordinance to create and abolish all such subordinate offices, places and employments in the service of the City as it may deem necessary for efficient and economical administration. Pursuant to their executive authority, the Mayor and City Administrator shall appoint and may suspend or remove the incumbents of all subordinate offices and employments, subject to other provisions of this Charter. The Auditor shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within the Auditor’s office, or under the Auditor’s supervision. The chief executive officer of any board, or commission, when authorized to do so by the board or commission, or the board or commission itself shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within their offices, or under their supervision.  All such appointments, suspensions and removals shall be subject to the civil service rules of this Charter except as to incumbents of positions expressly exempted therefrom. 

Section 2-604 Experts.

[May 3, 1913, new sec. 105; rev. 1914, sec. 83; 1928 pub., sec. 83; 1942 recod., sec. 2-504; rev. Nov. 6, 1962; amended November 8, 2022, effective January 1, 2025.]

  1. The Mayor may from time to time appoint consulting employees to perform technical or scientific services whose employment shall continue only so long as the particular occasion shall continue and who shall not be subject to the civil service rules of this Charter and of whom the qualifications elsewhere prescribed in this Charter shall not be required. 

Section 2-605 Requirements for All Officials.

[Ch. 1903, sec. 128; rev. 1914, sec. 85; 1928 pub., sec. 85; 1942 recod., sec. 2-505; am. Nov. 2, 1954; rev. Nov. 6, 1962.]

  1. No person shall at any time hold more than one office yielding pecuniary compensation under this Charter or under the Mayor, Council or any departments of the City, unless such offices are part-time or the hours of work of one of such offices do not conflict with the hours of the other office and such employment in different offices is expressly authorized by ordinance. 

Section 2-606 City Contracts, Interest In.

[Ch. 1903, sec. 135; rev. 1914, sec. 91; 1928 pub., sec. 91; 1942 recod., sec. 2‑506; rev. Nov. 6, 1962; amended by Ordinance 190204, effective December 18, 2020; amended November 8, 2022, effective January 1, 2025.]

  1. Any officer, agent or employee of the City who executes a contract with the City other than an employment contract, any grant, privilege or franchise from the City, who seeks to acquire any City property or interest therein, who seeks to transfer any property or interest therein to the City by sale, rental, lease or legal process of any kind for compensation from City funds, or who has a direct pecuniary interest in such contract, grant, privilege, franchise, or transfer sought by another, shall be disqualified from participating on behalf of the City in any negotiations and or proceedings relating thereto, and all such negotiations and proceedings shall be carried on by the person who would have acted in such officer's, agent's or employee's stead in their absence.  Subject to statutory restrictions and limitations, such contracts, grants, privileges, franchises and transfers made in accordance with the foregoing provisions of this Section shall not be void by reason of such City position, but shall be voidable by the City for cause.  If any officer, agent or employee of the City shall fail to disqualify themself as aforesaid, the contract, grant, privilege, franchise or transfer shall be wholly void and unenforceable in the hands of any person other than a bona fide purchaser for value without notice, and the position of such officer, agent or employee shall immediately be forfeited and such position shall be vacant.
  2. For the purpose of this Section, direct pecuniary interest in a contract, grant, privilege, franchise or transfer shall mean any interest in a partnership, any co‑tenancy, a controlling or policy‑determining ownership in or managerial control of an association, firm or corporation or its local office or agency, acting as a promoter of an association, firm or corporation, or any commission or brokerage arrangement with or receiving from the City such contract, grant, privilege, franchise or transfer.
  3. Unless permitted by statute and notwithstanding the foregoing provisions of this Section, neither an elected official nor the City Administrator shall enter into any contract with the City, seek any grant, privilege or franchise from the City, acquire any City property or interest therein, or sell or transfer to the City without legal process any property or interest therein for compensation from City funds, or have any direct pecuniary interest in any such matters.  Neither an elected official nor the City Administrator shall have any direct ownership interest in any public utility subject to City regulation; however, this prohibition shall not apply to ownership in another association, firm or corporation which maintains varied investments, provided such other association, firm or corporation does not own a controlling interest in such public utility. If any elected official or the City Administrator shall voluntarily acquire any direct pecuniary interest in any of such matters with the City while in office, such office shall at once become vacant. If an elected official or the City Administrator shall become so interested otherwise than voluntarily, the elected official or the City Administrator shall within ninety (90) days divest themselves of such interest and upon failure to do so, the office shall become vacant upon the expiration of the said period of ninety (90) days.  Any contract, grant, privilege, franchise or transfer made in violation of this paragraph shall be wholly void, and the City may recover property transferred by it or compensation paid by it and may retain any benefits received by it without right of recovery from it by quantum meruit action or otherwise.  

Section 2-607 Appointments.

[Ch. 1903, sec. 138; rev. 1914, sec. 93; 1928 pub., sec. 93; 1942 recod., sec. 2-507; rev. Nov. 6, 1962; am. May 20, 1986.]

  1. All appointments of officers, deputies and clerks, to be made under any provision of this Charter, must be made in writing and authenticated by the person or persons, board or officer, making the same. Any such writing must be filed with the Secretary of the Civil Service Board. 

Section 2-608 Salaries.

[Ch. 1903, sec. 139; rev. 1914, sec. 94; 1928 pub., sec. 94; 1942 recod., sec. 2‑508; rev. Nov. 6, 1962; amended by Ordinance No. 190204, effective December 18, 2020.]

  1. The salaries provided in this Charter shall be in full compensation for all services rendered to the City, and excepting such salaries, or except as specifically authorized by the Council, every officer shall pay all moneys coming into the officer’s hands as such officer, no matter from what source derived or received into the treasury of the City within twenty‑four (24) hours after receipt of the same.  In the event an officer or employee collects damages from a third person for time lost from such officer's or employee's City service, such officer or employee shall pay to the City Treasurer the money so collected or the total amount paid to such officer or employee by the City or City pension and disability Fund for such time lost, whichever is the lesser. 

Section 2-609 Bidders, Favoring of.

[Ch. 1903, sec. 140; rev. 1914, sec. 95; 1928 pub., sec. 95; 1942 recod., sec. 2-509; rev. Nov. 6, 1962.]

  1. Any officer of the City or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or who shall willfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount of different kinds of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office, and may be required to reimburse the City for its damages. 

Section 2-610 City Business, Time Devoted to.

[Ch. 1903, sec. 142; am. May 3, 1913, sec. 94; rev. 1914, sec. 96; 1928 pub., sec. 96; 1942 recod., sec. 2-510; rev. Nov. 6, 1962.]

  1. All officers and employees receiving pay from this City for full time work shall devote their time during business or duty hours to the interest of the City, except when excused as in this Charter provided. 

Section 2-611 Residence of Officials and Employees.

[New sec. Nov. 2, 1954; am. May 20, 1960; am. Nov. 2, 1982; am. March 29, 1983; am. May 17, 1988; amended November 8, 2022, effective January 1, 2025.]

  1. All elected officials receiving salary or wages from the City shall qualify as elsewhere in this Charter provided, and shall be residents of the City at the time of their election and continuously thereafter while they hold office. The Council may require by ordinance that appointed officers and employees who begin City employment after the effective date of the ordinance be or become City residents. Violation of a residence requirement enacted pursuant to this Section shall be cause for demotion, suspension, or termination of an officer or employee, if so provided by Council. 

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