Chapter IV COUNCIL
Section 12. Qualifications.
(1) A councilor shall be a qualified elector under the state constitution and shall have resided in the city during the 12 months immediately before being elected or appointed to the office. In this subsection, "city" means area inside the city limits at the time of the election or appointment.
(2) A councilor may be employed in a city position that is substantially volunteer in nature. Whether the position is so may be decided by the council.
(3) Except as subsection (2) of this section provides to the contrary, the council is the final judge of the election and qualifications of councilors.
Section 13. Compensation.
The mayor may be paid compensation in such amount as the council sets, plus reimbursement for expenses incurred in serving the city. Reimbursement of mayor/councilor expenses shall be consistent with the plan for reimbursing city officer/personnel expenses.
Section 14. Oath.
Before assuming the office of councilor, a councilor shall take an oath, or shall affirm, that he or she will faithfully perform the duties of the office and support the constitution and laws of the United States, the State of Oregon, and the City of Maupin
Section 15. Candidacy.
No person may be a candidate at a single election for more than one elective city office.
Section 16. Rules.
The council shall, by ordinance, prescribe rules to govern its meetings and proceedings.
Section 17. Meetings.
The council shall meet publicly in the city regularly at least once a month at a time and place designated by council's rules, and may meet at other times in accordance with the rules and the Oregon Revised Statutes governing public meetings.
Section 18. Quorum.
A majority of the council constitutes a quorum for its business, but a smaller number of the council may meet and compel attendance of absent councilors as prescribed by council rules.
Section 19. Record of Proceedings.
A record of council proceedings shall be kept and authenticated in a manner prescribed by the council.
Section 20. Mayor's Functions at Council Meetings.
(1) When present at council meetings the mayor shall:
(a) Preside over deliberations of the council;
(b) Preserve order;
(c) Enforce council rules; and
(d) Determine the order of business under the rules.
(2) Notwithstanding subsection (1) of this section, the mayor may temporarily cease to chair a council meeting and delegate the functions described in Section (1) to another council member.
(3) The mayor may vote as a member of the council.
Section 21. Council President.
(1) At its first meeting after this charter takes effect, and at its first meeting of each odd-numbered year, the council shall appoint a president from its councilors.
(2) Except in voting on questions before the council, the president shall function as mayor when the mayor is:
(a) Absent from a council meeting; or
(b) Unable to function as mayor.
Section 22. Vote Required.
The express concurrence of at least four (4) councilors or three (3) councilors and the mayor is necessary to decide a question before the council.
Section 23. Vacancies: Occurrence.
The office of a member of the council becomes vacant:
(1) Upon the incumbent's:
(a) Death,
(b) Adjudicated incompetence, or
(c) Recall from the office; or
(2) Upon declaration by the council of the vacancy in case of the incumbent's:
(a) Failure, following election or appointment to the office, to qualify for the office within ten days after the time for his or her term of office to begin;
(b) Absence from the city for 30 days without the council's consent or from all meetings of the council within a 90-day period;
(c) Ceasing to reside in the city;
(d) Ceasing to be a qualified elector under state law;
(e) Conviction of a public offense punishable by loss of liberty; or
(f) Resignation from the office.
Section 24. Vacancies: Filling.
A vacancy in the council or the mayor's position shall be filled by appointment by a majority of the council. The appointee's term of office runs from the time of his or her qualifying for the office after the appointment and until expiration of the term of the predecessor who has left the office vacant. During a council member's disability to serve on the council or during a member's absence from the city, a majority of the other council members may by appointment fill the vacancy pro tern.
Section 25. Mayor.
The mayor shall appoint:
(1) Members of committees established by council rules; and
(2) Other persons required by the council to be so appointed.
Section 26. Municipal Court and Judge.
(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 times that the council specifies, a court known as the Municipal Court for the City of Maupin, Wasco 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 governs. The court may enforce forfeitures and other penalties that such ordinances prescribe.
(5) A municipal judge may, in accordance with applicable law:
(a) Render judgments and, for enforcing them, impose sanctions on persons and property within the court's territorial jurisdiction;
(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, such as marriages.
(6) The council may authorize the municipal judge to appoint municipal judges pro tern 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.