| The current Charter of the City of Ashland was reviewed and amended in
1970. Voters approved the proposed amendments in 1972.
Cities and counties update their charters for a variety of reasons: to clarify
lines of authority, to clarify confusing language, to improve the efficiency
and cost effectiveness of government, to eliminate obsolete, conflicting
and ambiguous provisions. Some charters specify that the document is reviewed
on a regular timeline, other charters do not; some specify the make up of
a charter review committee others do not. Because the needs of communities
change, and State and Federal laws change, it is important that a charter
be updated periodically and reflect the current times. Sometimes communities
choose to adopt an entirely new charter and include elements of the original.
A city charter is viewed as a city constitution. For this reason, city powers
are generally stated in broad, general comprehensive terms. The charter should
deal only with the basic, broad fundamentals of city government. It should
be as concise as possible and adaptable to changing conditions to avoid the
need for frequent amendment.
The scope of a charter review can range from a full review of the existing
charter by examining it line by line to a section specific review. Some cities
opt to start with a sample or model charter that already reflects the current
times and is legally in compliance and then add sections to it from their
existing charter. Other cities opt to edit from the existing charter and
add sections from a sample charter.
The only community similar in size to Ashland that has recently undertaken
a major charter review process in Oregon is Eugene. Information from the
League of Oregon Cities (LOC) indicates that only a few cities in Oregon
in the recent past have undertaken major charter review processes, Rogue
River, Sisters and Eugene.
Multnomah County is currently in the charter review process. The Benton County
Charter requires that the charter be reviewed and updated every two years
and has standing Charter Review Committee.
A charter can only be amended by a vote of the people. Generally charter
amendments are referred to a vote by the Council but amendments can also
be proposed by initiative petition.
There are a number of steps involved with updating a charter and a number
of tools available to assist those involved in the process.
Should the council decide to proceed, the following basic steps should occur.
1) A motion and vote of the council to create a citizen committee to undertake
a review of the Ashland City Charter.
2) Define the charge and make up of the committee.
3) Appoint a Charter Review Committee of no more than seven or ten people.
It is critical that this committee is viewed by the community as impartial,
unbiased and free of any perceived political gain. As such a Charter Review
Committee generally does not include elected officials, though occasionally
persons who previously served in an elected capacity sit on the committee
though only in a citizen role not as a political figure. The committee is
responsible for the content of the charter. The committee would present
recommended changes to the council.
4) Hire a consultant with experience in charter drafting, legal review and
evaluation. Evaluate the existing charter to determine needed changes, deletions
or additions. The consultant drafts changes to the charter based on input
from the Charter Review Committee and eventually drafts the ballot title.
This person is responsible for the form and language of the charter not the
content of the document.
5) Council reviews and deliberates on recommended amendment(s) from the Charter
Review Committee and then decides what should be placed on the ballot. |
