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Klamath County Charter -- Full text
Klamath County Charter
Preamble
We the people of Klamath County, Oregon, in order to avail ourselves of self-determination in Klamath County affairs to the fullest extent permissible under the constitution and laws of the State of Oregon, by this charter confer upon Klamath County the following powers, subject it to the following restrictions, and prescribe for it the following procedures and governmental structure:
Article I: Name, Nature, Boundaries, and Klamath County Seat
Section 1. Name
The name of Klamath County as it operates under this charter shall continue to be Klamath County.
Section 2. Nature and Legal Capacity
From the time that this charter takes effect, Klamath County shall operate under the laws of the State of Oregon politically organized as a united Charter form of County Government shared by all citizens.
Section 3. Boundaries
The boundaries of Klamath County as it operates under this Charter shall be the boundaries now or hereafter prescribed for Klamath County by the laws of the State of Oregon.
Section 4. Klamath County Seat
The seat of the government of Klamath County as it operates under this charter shall continue to be in Klamath Falls, Oregon.
Article II: Powers
Section1. General Grant of Powers
Klamath County shall have authority over matters of the county to the fullest extent granted or allowed by the laws of the United States and the State of Oregon, as fully as if each power comprised in that general authority were specifically granted by this charter.
Section 2. Construction of Powers
This charter shall be liberally construed to the end that, within the limits imposed by this charter and by the laws of the United States and of the State of Oregon, Klamath County shall have all powers necessary or convenient for the conduct of its affairs, including all powers that counties may assume under the statutes of the State of Oregon and under the provisions of the Oregon Constitution concerning County Home Rule. The powers shall be construed to be continuing powers. In this charter no mention of a particular power or enumeration of similar powers shall be construed to be exclusive or to restrict the authority that Klamath County would have if the particular power were not mentioned or the similar powers not enumerated.
Section 3. Where Powers are vested
1. Except as this charter provides to the contrary and subject to the initiative and referendum powers residing in the people of Klamath County:
i. The legislative power of Klamath County is vested in, and is exercisable only by the Klamath County Board of Commissioners (referred to as Board of County Commissioners, Board or BOCC).
ii. All other powers of Klamath County not vested by this charter elsewhere are vested in the BOCC and are exercisable only by it or the persons acting under its authority.
Article III: Klamath County Board of Commissioners
Section 1. Board of County Commissioners
The BOCC shall be composed of five (5) Commissioners each elected from a different district of Klamath County.
Section 2. Term of Office
Subject to Article VIII, the term of office for the Commissioners shall be four (4) years. Terms of office shall begin the first day of the ensuing year following election.
Section 3. Klamath County Board Chair
1. At it’s first regular meeting each year, the BOCC shall designate one of it’s members as Chair and one as Vice-Chair for that year. The Chairmanship will rotate annually to the next Commission District in line. An affirmative vote of four commissioners can change the scheduled chairmanship.
2. The Chair shall:
i. Preside over the meetings of the BOCC
ii. Have a vote on all questions before it
iii. Have authority to:
1. Preserve order at BOCC meetings;
2. Enforce the rules of the BOCC.
3. Determine the order of BOCC business under the rules of the Klamath County Board of Commissioners.
Section 4. Quorum
A simple majority of three (3) of the five (5) Commissioners shall constitute a quorum for BOCC business.
Section 5. Meetings
1. The BOCC shall adopt rules governing its meetings. All public meetings will comply with state law.
2. The rules may prescribe one or more modes of compelling the attendance of Commissioners at BOCC meetings.
3. The BOCC shall meet regularly in a public place in Klamath County at least twice each month at times and places designated by rule or by the board. At least two meetings a year shall be held in outlying areas away from the ordinary meeting place.
4. The chair or a majority of the commissioners may call a special meeting. Notice of special meetings shall be delivered to each commissioner or to his or her residence at least 48 hours before the hour of the meeting. Individual commissioners may provide the chairman of the BOCC with a current email address to be used for the notice of special meetings.
5. No action by the BOCC may have legal effect, unless the motion or the action and the vote by which the motion is approved or rejected, takes place at proceedings open to the public and in compliance with Oregon Public Meetings Law.
Section 6. Record of Proceedings
The BOCC shall cause a public record of its proceedings to be kept.
Section 7. Vote Necessary for BOCC Action
An affirmative vote of three (3) commissioners shall be necessary to decide any question before the Commissioners.
Section 8. Ordinances
1. The ordaining clause of an ordinance adopted by the BOCC and not referred to the voters shall read, "The BOCC ordains as follows”.
2. The ordaining clause of an ordinance referred to the voters shall read, "The people of Klamath County ordain as follows."
3. Except as this section provides to the contrary, before an ordinance is adopted, it shall be fully and distinctly read in regular meetings of the BOCC on two different days at least 13 days apart. The BOCC may direct that either or both of the readings be by title only.
4. Adoption of an ordinance shall require the affirmative votes of at least three (3) Commissioners.
5. Subject to subsection six (6) below, an ordinance shall take effect thirty (30) days after adoption.
6. Emergency ordinances, which take effect immediately upon adoption, may be adopted by the BOCC in order to meet a public emergency affecting life, health or property provided that:
a. The ordinance does not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money.
b. Upon adoption, the ordinance shall be published in the next available issue of the designated newspaper.
c. The ordinance, including any amendments made after its adoption, shall be automatically repealed on the sixty-first day following the date of its adoption unless ratified or re-adopted as a non-emergency ordinance
Article IV: Klamath County Board of Commissioners - Compensation
Section 1. Compensation
1. For the initial year, the annual compensation for the commissioners elected by the districts shall be set at $1,000.00 per month. In addition to the monthly salary, a benefit allowance for Medical insurance shall be initially limited to $585.00 per month, which benefit can be applied toward Medical insurance coverage or coverage can be waived and the benefit paid directly to the commissioner. There shall be no other direct compensation or benefits.
2. The Commissioners compensation shall be the commissioner’s full and exclusive compensation for their duties as Commissioner or for any duties or responsibilities resulting from their position as Commissioner. This Section does not preclude Commissioners from being reimbursed for any actual and reasonable expenses incurred by a Commissioner in the course of performing his or her official duties and within the Commissioners annual allocated expense budget and within the confines of the County Employee Policy Handbook.
3. Additional expense requests shall be presented through the Administrator and approved by the majority of the BOCC in an open regularly scheduled meeting.
4. All expense and travel reimbursements for out-of-county travel shall be approved in advance in an open, regularly scheduled BOCC meeting. All expense and travel requests of the BOCC shall comply with the annual budget.
5. Commissioners serving on special non-Klamath County committees may be reimbursed by those special committees for any direct committee expense and travel.
6. Annually, the Commissioners’ compensation and benefits shall be reviewed and may be adjusted through the Klamath County budget process. The annual maximum adjustment shall not exceed that increase granted to a majority of county employees in any given budget year.
Article V: Administrative Function
Section 1. Administrative Responsibilities
1.The BOCC is responsible to the people of Klamath County to assure that the administration of Klamath County is in accord with the policies established by the Board.
2. The Administrator is responsible to the BOCC for the proper administration of Klamath County Government, for carrying out the policies and procedures of the BOCC, and for overseeing the other administrative personnel of Klamath County for the proper conduct of their administrative activities and duties.
Section 2. Klamath County Administrative Officer
1) The County Administrator shall:
a) Be hired by the BOCC.
b) Serve at the will of the Board.
c) Be the head of the administrative branch of County Government.
d) Be responsible for carrying out the policies established by the BOCC.
e) Be responsible for the employment and termination of all County employees, in all departments of the County, excluding elected officials. This responsibility may be delegated to department heads at the discretion of the Administrator.
2) The BOCC shall appoint an Administrator to serve at its direction. Except as otherwise provided in this charter, the BOCC shall fix the duties and responsibilities of the Administrator.
3) The Administrator shall have prior education and/or executive experience in public and/or business administration. The BOCC shall select the Administrator on the basis of qualifications.
4) The Administrator need not be a resident of Klamath County at the time of appointment, but shall become a resident within a negotiated time after accepting the appointment.
5) The Administrator shall be appointed for an indefinite term and may be removed by the BOCC at its discretion. If a vacancy occurs in the office of administrator, the BOCC shall immediately initiate proceedings to appoint a successor. When the Administrator is unable to perform the duties of the office, or the office becomes vacant, the BOCC shall appoint an interim Administrator who shall possess the powers and duties of the office.
6) For the initial year the compensation for the Administrator shall be $ 108,000. plus regular County fringe benefits. The Commissioners may adjust this compensation in following years during the public budget process based on meritorious performance and cost of living adjustments if revenues permit such adjustment, which adjustment shall not exceed increases granted to the majority of county employees in the given budget year. This compensation shall be the complete and entire compensation for this position. There shall be no compensation made nor real, in kind, or deferred for work not actually performed. Reimbursements or payments made for travel and other expenses incurred during the conduct of approved County business shall not be calculated as compensation for purposes of this section.
7) Employment of an Administrator shall not be construed as changing the relationship of the Commissioners or other elected officials to their constituents, nor the relationship of the Commissioners to other elected officials.
Section 3. Other Administrative Personnel
Legal Counsel shall be appointed by and report directly to the BOCC.
Section 4. Administrative Structure
The structure of the administrative branch of the Klamath County government shall be that prescribed by and consistent with this charter.
Section 5. Budgets, Contracting and Audits
1. Budgets shall be made and approved in accordance with the local budget law of the State of Oregon.
2. The Budget Committee shall be comprised of the five elected county commissioners and five lay citizen members. There shall be one citizen member from each of the five election districts. Each citizen member shall be nominated by the commissioner from that citizen’s district and appointed by an affirmative vote of at least three of the five commissioners.
3. The Administrator and the County Treasurer shall be responsible for the preparation and presentation of a three-year projection of the operating budget and capital program to accompany the proposed annual budget in its presentation to the Klamath County Budget Committee. This projection and the proposed budget shall be presented in a form that compares them to actual expenditures made in the three years immediately preceding the year of submission. The budget history and projections shall be considered as informational and advisory, and part of the corporate memory for the benefit of the current committee.
4. The administrator will report in a public meeting to the BOCC on a monthly basis and present an overview of the budget with a variance analysis report and specific emphasis on any potential issues and cost overruns. This report will include recommendations for solutions and management corrective actions.
5. On a quarterly basis, the administrator will report to the full Klamath County Budget Committee a summary of results to date along with issues and solutions to keep the County Budget on track.
6. Annual audits shall be prepared pursuant to Oregon law and shall be presented to the BOCC in open session.
7. All Klamath County contracting and purchases shall be in compliance with Oregon public contracting law. The Administrator shall serve as the Klamath County Contracting Officer and the BOCC shall serve as the Klamath County's Contract Review Board.
8. Whenever efficiency and or economy can be achieved by performing joint functions with other political agencies or sub-agencies thereof, the BOCC shall make such joint function agreements.
Article VI: Powers of the BOCC
Section 1. General Policy
The BOCC shall:
1. Be the policy determining body of Klamath County
2. Initiate Revenue Bonds. The BOCC may adopt an ordinance to authorize the issuance and sale of revenue bonds to provide funds with which to acquire, construct, equip or improve revenue producing public purpose facilities or industrial development facilities. Such bonds shall be secured solely from the unobligated revenues produced by the facility, or similar facilities, and by, in the discretion of the BOCC, mortgage or similar encumbrance upon the facility and shall not be payable in any manner from taxes. The ordinance authorizing such issuances and sale shall be subject to referendum.
3. The BOCC may by ordinance exercise authority within Klamath County over matters of County concern, to the fullest extent allowed by the constitution and laws of the United States and of the State of Oregon and of this charter.
4. The powers granted by this Charter are in addition to other grants of power to Klamath County, and shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end Klamath County has all powers over matters of Klamath County concern that it is possible to have under the constitution and laws of the United States and the State of Oregon.
Section 2. Specific Legislative Powers
1. In addition to the other duties and powers herein provided, the BOCC shall have the power to:
a) Enact ordinances according to the provisions of this Charter.
b) Adopt an Administrative Code, which shall provide for specific policy guidance for the daily operation of the County in all matters (i.e.: travel, personnel, hours of operation, etc.)
c) Appoint commissions, and committees as consistent with state law.
d) Appoint the Klamath County Counsel and the Administrator.
2. The Klamath County offices, departments, or institutions shall exercise their functions under the direction of the BOCC and supervision of the County Administrator under whatever structure of administrative responsibility the BOCC may establish except as specifically provided to the contrary by this charter or by the laws of the State.
Section 3. Limitations of Powers
1. Any new form of taxation must be approved by a vote of the people of Klamath County. For purposes of this section, taxes are defined as income taxes, property taxes, personal properly taxes, fuel taxes, use taxes, sales taxes, and excise taxes. New taxes are defined as any tax not in place and being levied at the date of approval of this Charter.
2. Fee increases are to be supported by researched, evidence-based procedures, based on costs of services and the maintenance of reasonable reserves.
3. No Commissioner shall have the authority to make statements or act independently on behalf of Klamath County without the express authorization of the BOCC.
Article VII: Other Elected Offices
Section 1. Offices and Powers
The Klamath County offices of Sheriff, District Attorney, Clerk, Assessor, Treasurer, and Surveyor shall remain elected with duties and powers as provided for under State law and as augmented or modified by action of the BOCC. These officers will continue to execute administrative control over their offices and personnel. These elected officials shall not accept other positions or responsibilities that create a conflict of interest with their elected position.
Section 2. Limitations
In the exercise of their administrative control, the elected officials listed in Section 1 above shall remain subject to duly adopted general County-wide policies and procedures of the BOCC including, but not limited to, personnel policies and procedures, and public contracting and purchasing rules and regulations. In the conduct and operation of their duties and office, the elected officials shall work within the Klamath County's annual budget as adopted or supplemented.
Article VIII: Elections, Districts, Eligibility, Vacancies and Charter Amendments
Section 1. Elections
1. Subject to Article VII and the laws of the State of Oregon, nominating and electing Klamath County elected officials shall be in the manner now or hereafter prescribe for the nomination and election of candidates for elected County officials in general.
2. The Commissioner offices shall be non-partisan, as are all other county elected positions.
3. All elected officials, other than commissioners, shall continue on the election cycle prescribed by state law.
4. Elections pertaining to County propositions and to recall of elected offices shall be conducted in the manner prescribed by the Oregon Constitution.
5. Recall of Commissioner(s) shall be by the electorate of the same district in which that Commissioner was elected
6. Voters from odd-numbered Commissioner districts shall elect their Commissioners at the November General Election in presidential election years. Voters from even-numbered districts shall elect their Commissioners at the November general election of non-presidential election years.
Section 2. Districts
1. Districts shall be drawn in compliance with the following criteria: districts shall be approximately equal in population so that the population of the largest district does not exceed that of the smallest by more than two (2) percent plus or minus from the mean average of twenty percent of Klamath County Voters per district when the voter population of each district is divided by the total number or registered voters in Klamath County. The districts shall also be drawn to be geographically contiguous; be composed of whole voting precincts to the maximum extent possible; and each district shall be assigned a number 1 to 5.
2. By January 31, 2011, and by January 31st of each tenth (10th) year thereafter, a Districting Commission shall be appointed. Each member of the BOCC shall appoint one (1) member; a member of the BOCC shall not serve on the Districting Commission. The Central Committee of each major political party, as such party is defined by state law, shall each appoint one (1) member to the Districting Commission.
3. Members of the Districting Commission shall serve without compensation, but may be reimbursed for expenses.
4. The District Commission shall meet after appointment and develop district evaluation procedures. Immediately thereafter, the District Commission shall schedule public hearings to provide input on preliminary districting proposals. The Districting Commission shall meet to consider recommendations for Changes to the districting plan.
5. The Districting Commission shall hold a public hearing on the final draft of the re-districting plan. The Districting Commission shall approve a final plan by a majority plus one (1) vote no later than eight (8) months after receipt of the most recent federal decennial census information.
Section 3. Eligibility
1. State law shall govern eligibility for elective offices other than Commissioner.
2. In addition to eligibility requirements of State law, eligibility for the office of Commissioner shall be subject to the following:
a) Shall be a legal voter of the County.
b) Shall be a resident and shall have resided in Klamath County and their Commissioner district for one year immediately prior to filing for office.
c) No person employed by Klamath County, as either a regular or temporary employee, shall be eligible to serve as a member of the Board of Commissioners.
d) For the purposes of this section a member of the Board of Commissioners is not a regular or temporary employee of Klamath County.
Section 4. Commissioner Vacancies
1. The office of any Commissioner shall be deemed vacant immediately upon the Commissioner taking residence outside his or her district or otherwise becoming ineligible to hold office.
2. In the event of a vacancy on the BOCC by reason of circumstance stated in subsection (1) above, or by reason of death, resignation, or incapacity to act, the BOCC shall appoint a resident of the vacant district to fill the position until the next November general election at which time the position shall be filled by election for the balance of the term.
Article IX Transition Provisions
Section 1. Effective Date
This Charter shall become effective on January 1, 2009; provided however, the election of the five Commissioners shall occur during the 2008 election cycle as provided below.
Section 2. Klamath County Officials
Except for the election of new Commissioners as provided for herein, the other elected and appointed Klamath County officials in office at the time this Charter becomes effective, shall continue in office and perform their present powers and duties at existing salaries until changed by the BOCC and subject to future county budgets.
Section 3. Initial BOCC Election
The election of the five Commissioners to take office in January 2009, shall be governed by the following:
1. The five Commissioner districts shall be:
a. District 1 is comprised of voter Precincts 1, 2, 3, 4, 5, 7 and 11.
b. District 2 is comprised of voter Precincts 6, 8, 9, 10, 13, 14, 15, 16, 17 and 18.
c. District 3 is comprised of voter Precincts 12, 19, 20, 21, 25, 26 and 41.
d. District 4 is comprised of voter Precincts 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40.
e. District 5 is comprised of voter Precincts 22, 23, 24, 27, 28, 29 and 42.
2. Filing with the Klamath County Clerk, to run for Commissioner positions in District 1,2,3,4, and 5, shall not occur before July 25, 2008 and not after August 26, 2008 for the general election in November 2008.
3. The term of office for Commissioners for District 1, 3, and 5 shall be from January 1, 2009 until January 1, 2013. The term of office for Commissioners from districts 2 and 4 shall be until January 2011. Thereafter the term of office for all Commissioners shall be for four years.
Section 4. Continuity
All rights, claims, actions, orders, contract, and legal or administrative proceedings shall continue except as modified pursuant to provisions of this Charter, and in each case shall be maintained, carried on or dealt with by the Klamath County department appropriate under this Charter.
Section 5. Severability
If any provision of the Charter is held invalid, the other provisions of this Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.
Section 6. Repealer
This Charter shall occupy the entire field of Klamath County self-government for Klamath County as far as the Constitution of the State of Oregon permits, and all rules, regulations or policies, which are in force when the Charter becomes fully effective, are repealed to extent that they are inconsistent with the effective operations of the Charter.
Section 7. Charter Review, Amendment and Repeal
1. Commencing with the state-wide General Election in November, ten (10) years after voter approval of the Charter and every ten (10) year thereafter, the BOCC shall appoint a Charter Review Commission, hereafter referred to as the Commission. The Commission shall consist of fifteen (15) members, three (3) from each Klamath County Commissioner District. The members of the Commission shall convene within thirty (30) days of appointment. The term of the Commission shall be one year. The Commission need not meet continuously, but may meet at such time and in such places as it deems appropriate upon giving public notice.
2. Any vacancy on the Commission shall be filled from within the district by the BOCC within thirty (30) days.
3. The Commission shall review the Charter to determine its adequacy and its suitability to the needs of Klamath County and may propose amendments. The Commission may also make recommendations to the BOCC and publish information and/or findings. Members of the Commission shall serve without compensation, but may be reimbursed for reasonable out-of-pocket expenses.
4. Charter amendments may be proposed by the Commission, the BOCC or by the public. Any proposed Charter amendment shall be filed and registered by the County Clerk and submitted to the voters at the next state-wide General Election. If more than one amendment is submitted on the same ballot, they shall be submitted in such a manner that the people may vote for or against the amendments separately; provided that an amendment which embraces a single or interrelated subject may be submitted as a single proposition even though it is composed of changes to one or more Article.
5. If a proposed amendment is approved by a majority of the voters voting on the issue, it shall be effective ten (10) days after the results of the election are certified unless a later date is specified in the petition or ordinance proposing the amendment. Any implementing ordinance required by any charter amendment shall be enacted by the BOCC within 180 days after the amendment is effective, unless the amendment provides otherwise.
6. The Charter Review Commission may propose amendments to the charter by filing such proposed amendments with the County Clerk who shall submit the amendments to the voters at the next November election at least ninety (90) days after filing and registration of the amendments.
7. The public may propose amendments to the Charter as provided by filing with the County Clerk an initiative petition bearing the signatures of registered voters of the county equal in number to but not less than six (6) percent of the number of Klamath County voters who voted in the last state gubernatorial election. Petition signatures shall be filed not more than 120 days following registration of the petition by the County Clerk.
8. The BOCC may propose amendments to the Charter by enacting an ordinance to submit a proposed amendment to the voters at the next November election occurring at least ninety (90) days after enactment.
9. Six years after the adoption of this Charter the public may initiate repeal of the Charter by filing an initiative petition bearing the signatures of registered voters of the county equal in number to not less than six (6) percent of the number of Klamath County voters who voted for the office of governor in the last statewide election, the signatures to be gathered within one hundred and eighty (180) days of registration of the petition by the County Clerk. A proposal to repeal the Charter must include provision for transition
Section 8. Amendments
This Charter may be amended by the vote of the people as set forth by this charter and by State Law.
Section 9. Definitions
As used in this Charter the word ”shall” is considered mandatory and the word “may” is considered permissive. Words in the present tense include the future; the singular includes the plural; plural usage includes the singular.
Preamble
We the people of Klamath County, Oregon, in order to avail ourselves of self-determination in Klamath County affairs to the fullest extent permissible under the constitution and laws of the State of Oregon, by this charter confer upon Klamath County the following powers, subject it to the following restrictions, and prescribe for it the following procedures and governmental structure:
Article I: Name, Nature, Boundaries, and Klamath County Seat
Section 1. Name
The name of Klamath County as it operates under this charter shall continue to be Klamath County.
Section 2. Nature and Legal Capacity
From the time that this charter takes effect, Klamath County shall operate under the laws of the State of Oregon politically organized as a united Charter form of County Government shared by all citizens.
Section 3. Boundaries
The boundaries of Klamath County as it operates under this Charter shall be the boundaries now or hereafter prescribed for Klamath County by the laws of the State of Oregon.
Section 4. Klamath County Seat
The seat of the government of Klamath County as it operates under this charter shall continue to be in Klamath Falls, Oregon.
Article II: Powers
Section1. General Grant of Powers
Klamath County shall have authority over matters of the county to the fullest extent granted or allowed by the laws of the United States and the State of Oregon, as fully as if each power comprised in that general authority were specifically granted by this charter.
Section 2. Construction of Powers
This charter shall be liberally construed to the end that, within the limits imposed by this charter and by the laws of the United States and of the State of Oregon, Klamath County shall have all powers necessary or convenient for the conduct of its affairs, including all powers that counties may assume under the statutes of the State of Oregon and under the provisions of the Oregon Constitution concerning County Home Rule. The powers shall be construed to be continuing powers. In this charter no mention of a particular power or enumeration of similar powers shall be construed to be exclusive or to restrict the authority that Klamath County would have if the particular power were not mentioned or the similar powers not enumerated.
Section 3. Where Powers are vested
1. Except as this charter provides to the contrary and subject to the initiative and referendum powers residing in the people of Klamath County:
i. The legislative power of Klamath County is vested in, and is exercisable only by the Klamath County Board of Commissioners (referred to as Board of County Commissioners, Board or BOCC).
ii. All other powers of Klamath County not vested by this charter elsewhere are vested in the BOCC and are exercisable only by it or the persons acting under its authority.
Article III: Klamath County Board of Commissioners
Section 1. Board of County Commissioners
The BOCC shall be composed of five (5) Commissioners each elected from a different district of Klamath County.
Section 2. Term of Office
Subject to Article VIII, the term of office for the Commissioners shall be four (4) years. Terms of office shall begin the first day of the ensuing year following election.
Section 3. Klamath County Board Chair
1. At it’s first regular meeting each year, the BOCC shall designate one of it’s members as Chair and one as Vice-Chair for that year. The Chairmanship will rotate annually to the next Commission District in line. An affirmative vote of four commissioners can change the scheduled chairmanship.
2. The Chair shall:
i. Preside over the meetings of the BOCC
ii. Have a vote on all questions before it
iii. Have authority to:
1. Preserve order at BOCC meetings;
2. Enforce the rules of the BOCC.
3. Determine the order of BOCC business under the rules of the Klamath County Board of Commissioners.
Section 4. Quorum
A simple majority of three (3) of the five (5) Commissioners shall constitute a quorum for BOCC business.
Section 5. Meetings
1. The BOCC shall adopt rules governing its meetings. All public meetings will comply with state law.
2. The rules may prescribe one or more modes of compelling the attendance of Commissioners at BOCC meetings.
3. The BOCC shall meet regularly in a public place in Klamath County at least twice each month at times and places designated by rule or by the board. At least two meetings a year shall be held in outlying areas away from the ordinary meeting place.
4. The chair or a majority of the commissioners may call a special meeting. Notice of special meetings shall be delivered to each commissioner or to his or her residence at least 48 hours before the hour of the meeting. Individual commissioners may provide the chairman of the BOCC with a current email address to be used for the notice of special meetings.
5. No action by the BOCC may have legal effect, unless the motion or the action and the vote by which the motion is approved or rejected, takes place at proceedings open to the public and in compliance with Oregon Public Meetings Law.
Section 6. Record of Proceedings
The BOCC shall cause a public record of its proceedings to be kept.
Section 7. Vote Necessary for BOCC Action
An affirmative vote of three (3) commissioners shall be necessary to decide any question before the Commissioners.
Section 8. Ordinances
1. The ordaining clause of an ordinance adopted by the BOCC and not referred to the voters shall read, "The BOCC ordains as follows”.
2. The ordaining clause of an ordinance referred to the voters shall read, "The people of Klamath County ordain as follows."
3. Except as this section provides to the contrary, before an ordinance is adopted, it shall be fully and distinctly read in regular meetings of the BOCC on two different days at least 13 days apart. The BOCC may direct that either or both of the readings be by title only.
4. Adoption of an ordinance shall require the affirmative votes of at least three (3) Commissioners.
5. Subject to subsection six (6) below, an ordinance shall take effect thirty (30) days after adoption.
6. Emergency ordinances, which take effect immediately upon adoption, may be adopted by the BOCC in order to meet a public emergency affecting life, health or property provided that:
a. The ordinance does not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money.
b. Upon adoption, the ordinance shall be published in the next available issue of the designated newspaper.
c. The ordinance, including any amendments made after its adoption, shall be automatically repealed on the sixty-first day following the date of its adoption unless ratified or re-adopted as a non-emergency ordinance
Article IV: Klamath County Board of Commissioners - Compensation
Section 1. Compensation
1. For the initial year, the annual compensation for the commissioners elected by the districts shall be set at $1,000.00 per month. In addition to the monthly salary, a benefit allowance for Medical insurance shall be initially limited to $585.00 per month, which benefit can be applied toward Medical insurance coverage or coverage can be waived and the benefit paid directly to the commissioner. There shall be no other direct compensation or benefits.
2. The Commissioners compensation shall be the commissioner’s full and exclusive compensation for their duties as Commissioner or for any duties or responsibilities resulting from their position as Commissioner. This Section does not preclude Commissioners from being reimbursed for any actual and reasonable expenses incurred by a Commissioner in the course of performing his or her official duties and within the Commissioners annual allocated expense budget and within the confines of the County Employee Policy Handbook.
3. Additional expense requests shall be presented through the Administrator and approved by the majority of the BOCC in an open regularly scheduled meeting.
4. All expense and travel reimbursements for out-of-county travel shall be approved in advance in an open, regularly scheduled BOCC meeting. All expense and travel requests of the BOCC shall comply with the annual budget.
5. Commissioners serving on special non-Klamath County committees may be reimbursed by those special committees for any direct committee expense and travel.
6. Annually, the Commissioners’ compensation and benefits shall be reviewed and may be adjusted through the Klamath County budget process. The annual maximum adjustment shall not exceed that increase granted to a majority of county employees in any given budget year.
Article V: Administrative Function
Section 1. Administrative Responsibilities
1.The BOCC is responsible to the people of Klamath County to assure that the administration of Klamath County is in accord with the policies established by the Board.
2. The Administrator is responsible to the BOCC for the proper administration of Klamath County Government, for carrying out the policies and procedures of the BOCC, and for overseeing the other administrative personnel of Klamath County for the proper conduct of their administrative activities and duties.
Section 2. Klamath County Administrative Officer
1) The County Administrator shall:
a) Be hired by the BOCC.
b) Serve at the will of the Board.
c) Be the head of the administrative branch of County Government.
d) Be responsible for carrying out the policies established by the BOCC.
e) Be responsible for the employment and termination of all County employees, in all departments of the County, excluding elected officials. This responsibility may be delegated to department heads at the discretion of the Administrator.
2) The BOCC shall appoint an Administrator to serve at its direction. Except as otherwise provided in this charter, the BOCC shall fix the duties and responsibilities of the Administrator.
3) The Administrator shall have prior education and/or executive experience in public and/or business administration. The BOCC shall select the Administrator on the basis of qualifications.
4) The Administrator need not be a resident of Klamath County at the time of appointment, but shall become a resident within a negotiated time after accepting the appointment.
5) The Administrator shall be appointed for an indefinite term and may be removed by the BOCC at its discretion. If a vacancy occurs in the office of administrator, the BOCC shall immediately initiate proceedings to appoint a successor. When the Administrator is unable to perform the duties of the office, or the office becomes vacant, the BOCC shall appoint an interim Administrator who shall possess the powers and duties of the office.
6) For the initial year the compensation for the Administrator shall be $ 108,000. plus regular County fringe benefits. The Commissioners may adjust this compensation in following years during the public budget process based on meritorious performance and cost of living adjustments if revenues permit such adjustment, which adjustment shall not exceed increases granted to the majority of county employees in the given budget year. This compensation shall be the complete and entire compensation for this position. There shall be no compensation made nor real, in kind, or deferred for work not actually performed. Reimbursements or payments made for travel and other expenses incurred during the conduct of approved County business shall not be calculated as compensation for purposes of this section.
7) Employment of an Administrator shall not be construed as changing the relationship of the Commissioners or other elected officials to their constituents, nor the relationship of the Commissioners to other elected officials.
Section 3. Other Administrative Personnel
Legal Counsel shall be appointed by and report directly to the BOCC.
Section 4. Administrative Structure
The structure of the administrative branch of the Klamath County government shall be that prescribed by and consistent with this charter.
Section 5. Budgets, Contracting and Audits
1. Budgets shall be made and approved in accordance with the local budget law of the State of Oregon.
2. The Budget Committee shall be comprised of the five elected county commissioners and five lay citizen members. There shall be one citizen member from each of the five election districts. Each citizen member shall be nominated by the commissioner from that citizen’s district and appointed by an affirmative vote of at least three of the five commissioners.
3. The Administrator and the County Treasurer shall be responsible for the preparation and presentation of a three-year projection of the operating budget and capital program to accompany the proposed annual budget in its presentation to the Klamath County Budget Committee. This projection and the proposed budget shall be presented in a form that compares them to actual expenditures made in the three years immediately preceding the year of submission. The budget history and projections shall be considered as informational and advisory, and part of the corporate memory for the benefit of the current committee.
4. The administrator will report in a public meeting to the BOCC on a monthly basis and present an overview of the budget with a variance analysis report and specific emphasis on any potential issues and cost overruns. This report will include recommendations for solutions and management corrective actions.
5. On a quarterly basis, the administrator will report to the full Klamath County Budget Committee a summary of results to date along with issues and solutions to keep the County Budget on track.
6. Annual audits shall be prepared pursuant to Oregon law and shall be presented to the BOCC in open session.
7. All Klamath County contracting and purchases shall be in compliance with Oregon public contracting law. The Administrator shall serve as the Klamath County Contracting Officer and the BOCC shall serve as the Klamath County's Contract Review Board.
8. Whenever efficiency and or economy can be achieved by performing joint functions with other political agencies or sub-agencies thereof, the BOCC shall make such joint function agreements.
Article VI: Powers of the BOCC
Section 1. General Policy
The BOCC shall:
1. Be the policy determining body of Klamath County
2. Initiate Revenue Bonds. The BOCC may adopt an ordinance to authorize the issuance and sale of revenue bonds to provide funds with which to acquire, construct, equip or improve revenue producing public purpose facilities or industrial development facilities. Such bonds shall be secured solely from the unobligated revenues produced by the facility, or similar facilities, and by, in the discretion of the BOCC, mortgage or similar encumbrance upon the facility and shall not be payable in any manner from taxes. The ordinance authorizing such issuances and sale shall be subject to referendum.
3. The BOCC may by ordinance exercise authority within Klamath County over matters of County concern, to the fullest extent allowed by the constitution and laws of the United States and of the State of Oregon and of this charter.
4. The powers granted by this Charter are in addition to other grants of power to Klamath County, and shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end Klamath County has all powers over matters of Klamath County concern that it is possible to have under the constitution and laws of the United States and the State of Oregon.
Section 2. Specific Legislative Powers
1. In addition to the other duties and powers herein provided, the BOCC shall have the power to:
a) Enact ordinances according to the provisions of this Charter.
b) Adopt an Administrative Code, which shall provide for specific policy guidance for the daily operation of the County in all matters (i.e.: travel, personnel, hours of operation, etc.)
c) Appoint commissions, and committees as consistent with state law.
d) Appoint the Klamath County Counsel and the Administrator.
2. The Klamath County offices, departments, or institutions shall exercise their functions under the direction of the BOCC and supervision of the County Administrator under whatever structure of administrative responsibility the BOCC may establish except as specifically provided to the contrary by this charter or by the laws of the State.
Section 3. Limitations of Powers
1. Any new form of taxation must be approved by a vote of the people of Klamath County. For purposes of this section, taxes are defined as income taxes, property taxes, personal properly taxes, fuel taxes, use taxes, sales taxes, and excise taxes. New taxes are defined as any tax not in place and being levied at the date of approval of this Charter.
2. Fee increases are to be supported by researched, evidence-based procedures, based on costs of services and the maintenance of reasonable reserves.
3. No Commissioner shall have the authority to make statements or act independently on behalf of Klamath County without the express authorization of the BOCC.
Article VII: Other Elected Offices
Section 1. Offices and Powers
The Klamath County offices of Sheriff, District Attorney, Clerk, Assessor, Treasurer, and Surveyor shall remain elected with duties and powers as provided for under State law and as augmented or modified by action of the BOCC. These officers will continue to execute administrative control over their offices and personnel. These elected officials shall not accept other positions or responsibilities that create a conflict of interest with their elected position.
Section 2. Limitations
In the exercise of their administrative control, the elected officials listed in Section 1 above shall remain subject to duly adopted general County-wide policies and procedures of the BOCC including, but not limited to, personnel policies and procedures, and public contracting and purchasing rules and regulations. In the conduct and operation of their duties and office, the elected officials shall work within the Klamath County's annual budget as adopted or supplemented.
Article VIII: Elections, Districts, Eligibility, Vacancies and Charter Amendments
Section 1. Elections
1. Subject to Article VII and the laws of the State of Oregon, nominating and electing Klamath County elected officials shall be in the manner now or hereafter prescribe for the nomination and election of candidates for elected County officials in general.
2. The Commissioner offices shall be non-partisan, as are all other county elected positions.
3. All elected officials, other than commissioners, shall continue on the election cycle prescribed by state law.
4. Elections pertaining to County propositions and to recall of elected offices shall be conducted in the manner prescribed by the Oregon Constitution.
5. Recall of Commissioner(s) shall be by the electorate of the same district in which that Commissioner was elected
6. Voters from odd-numbered Commissioner districts shall elect their Commissioners at the November General Election in presidential election years. Voters from even-numbered districts shall elect their Commissioners at the November general election of non-presidential election years.
Section 2. Districts
1. Districts shall be drawn in compliance with the following criteria: districts shall be approximately equal in population so that the population of the largest district does not exceed that of the smallest by more than two (2) percent plus or minus from the mean average of twenty percent of Klamath County Voters per district when the voter population of each district is divided by the total number or registered voters in Klamath County. The districts shall also be drawn to be geographically contiguous; be composed of whole voting precincts to the maximum extent possible; and each district shall be assigned a number 1 to 5.
2. By January 31, 2011, and by January 31st of each tenth (10th) year thereafter, a Districting Commission shall be appointed. Each member of the BOCC shall appoint one (1) member; a member of the BOCC shall not serve on the Districting Commission. The Central Committee of each major political party, as such party is defined by state law, shall each appoint one (1) member to the Districting Commission.
3. Members of the Districting Commission shall serve without compensation, but may be reimbursed for expenses.
4. The District Commission shall meet after appointment and develop district evaluation procedures. Immediately thereafter, the District Commission shall schedule public hearings to provide input on preliminary districting proposals. The Districting Commission shall meet to consider recommendations for Changes to the districting plan.
5. The Districting Commission shall hold a public hearing on the final draft of the re-districting plan. The Districting Commission shall approve a final plan by a majority plus one (1) vote no later than eight (8) months after receipt of the most recent federal decennial census information.
Section 3. Eligibility
1. State law shall govern eligibility for elective offices other than Commissioner.
2. In addition to eligibility requirements of State law, eligibility for the office of Commissioner shall be subject to the following:
a) Shall be a legal voter of the County.
b) Shall be a resident and shall have resided in Klamath County and their Commissioner district for one year immediately prior to filing for office.
c) No person employed by Klamath County, as either a regular or temporary employee, shall be eligible to serve as a member of the Board of Commissioners.
d) For the purposes of this section a member of the Board of Commissioners is not a regular or temporary employee of Klamath County.
Section 4. Commissioner Vacancies
1. The office of any Commissioner shall be deemed vacant immediately upon the Commissioner taking residence outside his or her district or otherwise becoming ineligible to hold office.
2. In the event of a vacancy on the BOCC by reason of circumstance stated in subsection (1) above, or by reason of death, resignation, or incapacity to act, the BOCC shall appoint a resident of the vacant district to fill the position until the next November general election at which time the position shall be filled by election for the balance of the term.
Article IX Transition Provisions
Section 1. Effective Date
This Charter shall become effective on January 1, 2009; provided however, the election of the five Commissioners shall occur during the 2008 election cycle as provided below.
Section 2. Klamath County Officials
Except for the election of new Commissioners as provided for herein, the other elected and appointed Klamath County officials in office at the time this Charter becomes effective, shall continue in office and perform their present powers and duties at existing salaries until changed by the BOCC and subject to future county budgets.
Section 3. Initial BOCC Election
The election of the five Commissioners to take office in January 2009, shall be governed by the following:
1. The five Commissioner districts shall be:
a. District 1 is comprised of voter Precincts 1, 2, 3, 4, 5, 7 and 11.
b. District 2 is comprised of voter Precincts 6, 8, 9, 10, 13, 14, 15, 16, 17 and 18.
c. District 3 is comprised of voter Precincts 12, 19, 20, 21, 25, 26 and 41.
d. District 4 is comprised of voter Precincts 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 and 40.
e. District 5 is comprised of voter Precincts 22, 23, 24, 27, 28, 29 and 42.
2. Filing with the Klamath County Clerk, to run for Commissioner positions in District 1,2,3,4, and 5, shall not occur before July 25, 2008 and not after August 26, 2008 for the general election in November 2008.
3. The term of office for Commissioners for District 1, 3, and 5 shall be from January 1, 2009 until January 1, 2013. The term of office for Commissioners from districts 2 and 4 shall be until January 2011. Thereafter the term of office for all Commissioners shall be for four years.
Section 4. Continuity
All rights, claims, actions, orders, contract, and legal or administrative proceedings shall continue except as modified pursuant to provisions of this Charter, and in each case shall be maintained, carried on or dealt with by the Klamath County department appropriate under this Charter.
Section 5. Severability
If any provision of the Charter is held invalid, the other provisions of this Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.
Section 6. Repealer
This Charter shall occupy the entire field of Klamath County self-government for Klamath County as far as the Constitution of the State of Oregon permits, and all rules, regulations or policies, which are in force when the Charter becomes fully effective, are repealed to extent that they are inconsistent with the effective operations of the Charter.
Section 7. Charter Review, Amendment and Repeal
1. Commencing with the state-wide General Election in November, ten (10) years after voter approval of the Charter and every ten (10) year thereafter, the BOCC shall appoint a Charter Review Commission, hereafter referred to as the Commission. The Commission shall consist of fifteen (15) members, three (3) from each Klamath County Commissioner District. The members of the Commission shall convene within thirty (30) days of appointment. The term of the Commission shall be one year. The Commission need not meet continuously, but may meet at such time and in such places as it deems appropriate upon giving public notice.
2. Any vacancy on the Commission shall be filled from within the district by the BOCC within thirty (30) days.
3. The Commission shall review the Charter to determine its adequacy and its suitability to the needs of Klamath County and may propose amendments. The Commission may also make recommendations to the BOCC and publish information and/or findings. Members of the Commission shall serve without compensation, but may be reimbursed for reasonable out-of-pocket expenses.
4. Charter amendments may be proposed by the Commission, the BOCC or by the public. Any proposed Charter amendment shall be filed and registered by the County Clerk and submitted to the voters at the next state-wide General Election. If more than one amendment is submitted on the same ballot, they shall be submitted in such a manner that the people may vote for or against the amendments separately; provided that an amendment which embraces a single or interrelated subject may be submitted as a single proposition even though it is composed of changes to one or more Article.
5. If a proposed amendment is approved by a majority of the voters voting on the issue, it shall be effective ten (10) days after the results of the election are certified unless a later date is specified in the petition or ordinance proposing the amendment. Any implementing ordinance required by any charter amendment shall be enacted by the BOCC within 180 days after the amendment is effective, unless the amendment provides otherwise.
6. The Charter Review Commission may propose amendments to the charter by filing such proposed amendments with the County Clerk who shall submit the amendments to the voters at the next November election at least ninety (90) days after filing and registration of the amendments.
7. The public may propose amendments to the Charter as provided by filing with the County Clerk an initiative petition bearing the signatures of registered voters of the county equal in number to but not less than six (6) percent of the number of Klamath County voters who voted in the last state gubernatorial election. Petition signatures shall be filed not more than 120 days following registration of the petition by the County Clerk.
8. The BOCC may propose amendments to the Charter by enacting an ordinance to submit a proposed amendment to the voters at the next November election occurring at least ninety (90) days after enactment.
9. Six years after the adoption of this Charter the public may initiate repeal of the Charter by filing an initiative petition bearing the signatures of registered voters of the county equal in number to not less than six (6) percent of the number of Klamath County voters who voted for the office of governor in the last statewide election, the signatures to be gathered within one hundred and eighty (180) days of registration of the petition by the County Clerk. A proposal to repeal the Charter must include provision for transition
Section 8. Amendments
This Charter may be amended by the vote of the people as set forth by this charter and by State Law.
Section 9. Definitions
As used in this Charter the word ”shall” is considered mandatory and the word “may” is considered permissive. Words in the present tense include the future; the singular includes the plural; plural usage includes the singular.
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