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Chapter V Powers and Duties of Officers

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Section 22.  Committees and Commissions.
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The Mayor and Council shall appoint:

(1) Members of committees and commissions established by Council, and

(2) Other persons required by the Council to act in an advisory capacity to the Council or its appointed committees and commissions.

Section 23.  City Manager.
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(1) The City Manager is the administrative head of the City government.

(2) A majority of the Council shall appoint and may remove the Manager. The appointment shall be without regard to political considerations and solely on the basis of administrative qualifications.

(3) The Manager need not reside in the city.

(4) Upon accepting the appointment, the Manager shall furnish the City a bond in an amount and a surety approved by the Council. The City shall pay the bond premium.

(5) The Manager shall be appointed for a definite or indefinite term and may be removed by a majority of the Council at its pleasure.

(6) The Manager shall:

a. Attend all Council meetings unless excused by the Council or Mayor;

b. Keep the Council advised of the affairs and needs of the City;

c. See the provisions of all ordinances and resolutions are administered to the satisfaction of the Council.

d. See that all terms of franchises, leases, contracts, permits and privileges granted by the City are fulfilled;

e. Appoint, discipline and remove appointive personnel, except appointees of the Mayor and Council;

f. Supervise and control the Manager’s appointees in their service to the City;

g. Organize and reorganize the departmental structure of City government;

h. Prepare and transmit to the Council an annual City budget;

i. Supervise City contracts;

j. Supervise operation of all City owned public utilities and property; and

k. Perform other duties as the Council prescribes consistently with this charter.

(7) The Manager may not control:

a. The Mayor or the Council;

b. The Municipal Judge in the judge’s judicial functions; or,

c. Except as the Council authorizes, any appointee of the Mayor and Council.

(8) The Manager and other personnel whom the Council designates may sit with the Council but may not vote on questions before it. The Manager may take part in all Council discussions.

(9) When the Manager is absent from the City or disabled from acting as Manager, or when the office of Manager becomes vacant, the Council shall appoint a Manager Pro Tem, who has the powers and duties of Manager, except that the Manager Pro Tem may appoint or remove personnel only with approval of the Council.

(10) Except in Council meeting, no council member may directly or indirectly, by suggestion or otherwise, attempt to influence the Manager or a candidate for the office of Manager in the appointment, discipline, or removal of personnel or in decisions regarding City property or contracts. A violator of this prohibition may be removed from office by a court of competent jurisdiction. In a Council meeting, members of the Council may discuss with, or suggest to, the Manager anything pertinent to City affairs.

Section 24.  Municipal Court and Judge.
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(1) If the Council creates the office of Municipal Judge and fills it by appointment, the appointee shall hold, within the City at a place and time that the Council specifies, a court known as the Municipal Court for the City of Talent, Jackson County, Oregon.

(2) Except as this charter or City ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of this state governing justices of the peace and justice courts.

(3) All area within the City and, to the extent provided by state law, area outside the City is within the territorial jurisdiction of the court.

(4) The Municipal Court has original jurisdiction over every offense that an ordinance of the City makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe. The court also has jurisdiction under state law unless limited by city ordinance.

(5) The Municipal Judge may:

a. Render judgments and impose sanctions on persons and property;

b. Order the arrest of anyone accused of an offense against the City;

c. Commit to jail or admit to bail anyone accused of such an offense;

d. Issue and compel obedience to subpoenas;

e. Compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;

f. Penalize contempt of court;

g. Issue process necessary to effectuate judgments and orders of the court;

h. Issue search warrants; and

i. Perform other judicial and quasi-judicial functions prescribed by ordinance.

(6) The Council may authorize the Municipal Judge to appoint municipal judges pro tem for terms of office set by the Judge or the Council.

(7) Notwithstanding this section, the Council may transfer some or all of the functions of the Municipal Court to an appropriate state court.

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