HomeMy WebLinkAboutRequest to Re-Establish Home Rule Charter CommitteeDepartment of Administrative Services
Dave Kanner, County Administrator
April 22, 2009
TO: Board of Commissioners
>t�REFROM: Dave Kanner .\-->t(---
RE:
: Home Rule Charter
1300 NW Wall St, Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202
www.co.deschutes.orus
On March 25, 2009, Ed Fitch, a member of the County's 2006 Home Rule Charter
Committee, appeared at your business meeting to request that the County establish a new
charter committee with the goal of referring a new home rule charter measure to the
voters. The Board requested that I schedule this request for work session discussion,
which I have scheduled for April 29.
Although you are probably already familiar with it, I have attached the state statute that
addresses home rule charters.
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Chapter 203 — County Governing Bodies; County Home Rule Page 1 of 3
203.720 Electors of county may adopt, amend, revise or repeal county charter; certain provisions,
deemed matters of county concern, to prevail over state law. The electors of any county, by majority vote of
such electors voting thereon at any legally called election, may adopt, amend, revise or repeal a county charter.
The charter, or legislation passed by the county pursuant thereto, shall provide a method whereby the electors of
the county, by majority vote of such electors voting thereon at any legally called election, may amend, revise or
repeal the charter. The county charter and legislative provisions relating to the amendment, revision or repeal of
the charter are deemed to be matters of county concern and shall prevail over any conflicting provisions of ORS
203.710 to 203.770 and other state statutes unless otherwise specifically provided by conflicting state statutes
first effective after January 1, 1961. [1959 c.527 §2]
203.725 County charter amendment; single subject; separate submission to electors. (1) A proposed
amendment to a county charter, whether proposed by the county governing body or by the people of the county
in the exercise of the initiative power, shall embrace but one subject and matters properly connected therewith.
(2) When two or more amendments to a county charter are submitted to the electors of the county for their
approval or rejection at the same election, they shall be so submitted that each amendment shall be voted on
separately.
(3) Notwithstanding any county charter or legislation enacted thereunder, this section shall apply to every
amendment of a county charter and shall take precedence and prevail over any conflicting provisions in a
county charter or in legislation enacted thereunder. [1983 c.240 §2]
203.730 Charter committee appointed after filing of resolution or petition; sufficiency of petition;
notice to persons entitled to make appointments to committee. (1) A county charter may be proposed by a
committee appointed after the filing with the county clerk of:
(a) A resolution requesting appointment of the committee, adopted by a majority of the county court; or
(b) A petition requesting appointment of the committee, signed by such number of electors of the county as
is equal to at least four percent of the whole number of votes cast within the county for all candidates for
Governor at the most recent election at which a candidate for Governor was elected to a full term. The petition
shall be substantially in such form as the county clerk may prescribe.
(2) The county clerk, not later than the fifth day after the filing of the resolution of the county court, shall
give written notice thereof to those persons entitled to participate in the appointment of a member of the
committee.
(3) Upon the filing with the county clerk of a petition requesting the appointment of a committee, the county
clerk, not later than the 15th day after the filing of the petition, shall verify the signatures and certify to the
county court the findings as to the sufficiency of such petition. If the petition is found to be sufficient, the
county clerk immediately shall give written notice thereof to those persons entitled to participate in the
appointment of a member of the committee. [1959 c.527 §§3,4; 1973 c.255 §1; 1979 c.190 §403; 1989 c.174
§1]
203.740 Charter committee and members; appointment, qualifications, vacancies, terms,
organization, meetings. (1) Within 60 days after the county clerk finds that a petition for the appointment of a
committee is sufficient, or within 60 days after the county court has filed with the county clerk its resolution
requesting that a committee be appointed, a committee shall be appointed as provided in this section. Only one
committee is to be in existence at any given period of time.
(2)(a) In all counties:
(A) A majority of the county court is entitled to appoint four members of the committee;
(B) A majority of the state Senators and state Representatives then representing the county is entitled to
appoint four additional members; and
(C) A majority, consisting of at least five, of those persons appointed under subparagraphs (A) and (B) of
this paragraph is entitled to appoint one additional member.
(b) If, within 45 days after the terms of committee members begin to run as provided in subsection (4) of
this section, an appointing authority has not made the appointment or appointments it is entitled to make, the
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county clerk shall call a meeting of those persons constituting the appointing authority by giving written notice
to each of them, specifying the purpose of the meeting and the time and place thereof. The time of the meeting
shall be set within 15 days of the expiration of the 45 -day period.
(3) All members of the committee must be electors of the county. No member shall be engaged, directly or
indirectly, in any business with the county that is inconsistent with the conscientious performance of duties as a
member of the committee. An initial appointment, or an appointment to fill a vacancy, is made by delivering to
the county clerk written notice of the name and address of the person appointed, signed by the person duly
authorized to act for the appointing authority. No member of an appointive authority may serve as a member of
such committee. If an appointing authority fails to make such an initial appointment within 60 days after the
terms of committee members begin to run as provided in subsection (4) of this section, the county court shall
make the appointment within 10 days after the expiration of the 60 -day period.
(4) The terms of committee members run either from the date the county court receives the certification
from the county clerk that the petition requesting the appointment of the committee is sufficient or from the date
the county court files its resolution requesting appointment of the committee, as the case may be. The terms
expire on the day of the election at which the committee's proposed charter is voted upon or within two years
from the date the terms began, whichever is the sooner, unless, in the case where a proposed charter is not
submitted at an election held within such two-year period, the county court by resolution filed with the county
clerk before the expiration of the terms extends them until the day of the election on the proposed charter or for
another two years, whichever is the sooner. Any vacancy occurring on the committee, in a position for which an
initial appointment has been made, shall be filled by appointment for the unexpired term by the appointing
authority that was entitled to make the initial appointment of the member whose position is vacant or, if such
appointing authority fails to make the appointment within 10 days after the vacancy occurs, by the county court.
(5) Not later than 80 days after the terms of committee members begin to run as provided in subsection (4)
of this section, the members of the committee shall meet and organize. A majority of the committee constitutes
a quorum for the transaction of business. The committee may adopt such rules as it deems necessary for its
operation. However, the committee may not prohibit the public from attending any of its meetings. [1959 c.527
§5; 1979 c.748 §2; 2005 c.22 §153]
203.750 County funds for charter committee; committee staff; county officials to cooperate. (1)
Notwithstanding ORS 294.305 to 294.565, if the county court is notified of the sufficiency of a petition
requesting the appointment of a committee, or if it files its resolution requesting the appointment of a
committee, the county, acting through the county court, shall cause to be made available from funds of the
county an amount equal at least to one cent per elector of the county or $500, whichever amount is greater, for
the purpose of paying the expenses of the committee in the preparation of the charter. Members of the
committee shall serve without pay. The committee, within the limit of funds available to it, may employ such
persons, or contract for their services, as it may deem necessary to aid it in the performance of its functions.
Persons employed by the committee are exempt from civil service. The county, acting through the county court,
shall cause to be furnished free of charge to the committee adequate office space and, notwithstanding ORS
294.305 to 294.565, may cause money, in addition to the required minimum amount, to be appropriated for the
committee. The committee shall submit to the county court a budget covering estimates of its expenditures.
With respect to expenditures in excess of the minimum amount of money required to be made available, the
budget as approved or revised and approved by the county court shall represent the authorized limits of the
committee's expenditures. Any balance remaining unexpended shall be transferred to the general fund of the
county unless other provisions were made at the time of the appropriation to the committee. The county
treasurer is authorized to disburse funds of the committee on its order.
(2) The committee may conduct interviews and make investigations which to it seem necessary in order to
draft a charter; and, to the fullest extent practicable, county officials and employees shall cooperate with the
committee and provide it with information, advice and assistance. [1959 c.527 §6]
203.760 Submission of proposed charter, after public hearing, to electors; approval of conflicting
charters. (1) The committee shall submit its proposed charter to the county clerk not later than the 90th day
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before the election at which the proposed charter is to be voted upon. Before the proposed charter is submitted
to the county clerk, the committee shall conduct at least one public hearing thereon. After the proposed charter
is submitted to the county clerk, the county clerk shall submit the proposed charter to the district attorney for a
ballot title as provided in ORS 250.185 (2). The ballot title is subject to judicial review as provided in ORS
250.195.
(2) The charter proposed by the committee shall take effect on the day fixed therein if approved by majority
vote of the electors of the county voting thereon.
(3) If two or more conflicting county charters are approved at the same election, the one receiving the
greatest number of affirmative votes shall be adopted. [1959 c.527 §7; 1979 c.190 §404; 1981 c.173 §6]
203.770 Copies of charters and amendments, revisions and repeals thereof; location and judicial
notice of. (1) Duplicate certificates shall be made, setting forth the county charter adopted and a statement of its
ratification, signed by the officers or members of the body canvassing election returns. One of such certified
copies shall be deposited in the office of the Secretary of State, the other shall be kept as a permanent record of
the county. All courts shall take judicial notice of either copy.
(2) This section shall also apply to any amendment, revision or repeal of the county charter. [1959 c.527 §8]
http://www. leg. state. or. us/ors/203.html 4/22/2009