| At the regular council meeting on February 17, the council requested
that an expert in charter review and revisions be invited to attend and present
at a council study session.
Sandra Arp, charter review specialist, formally with the League of Oregon
Cities, spoke to the council about the importance of a charter review and
update, a charter review committee and make-up and how a specialist can assist
in the process.
Ms. Arp explained that a city charter should grant powers in a broad general
sense, should not include specifics, which are best placed in city code,
and that a charter be examined from three perspectives: from a legal standpoint,
from a practical standpoint, and from a political standpoint. It is critical
that the committee has a strong chair and that members have some expertise
and knowledge of the workings of local government.
Ms. Arp stressed that a charter review committee should approach the charter
review and charter revisions looking towards the future and not at the present.
She noted that the current charter was amended and adopted in the early 1970s
and that a review and revision is in order.
In addition to Ms. Arp there are two other Oregonians with experience in
charter reviews and revisions: Tom Sponsler and Tim Sercombe.
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.
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.
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.
4) Hire a consultant with experience in charter drafting, legal review and
evaluation to assist the committee.
5) Council reviews and deliberates on recommendations from the Charter Review
Committee and then decides what to place on the ballot. |
