For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOUND PROPERTY. Money or personal property of any description other than contraband, firearms used in commission of a crime, other property being held as evidence in any civil or criminal proceeding, animals, or motor vehicles, the true owner of which cannot be readily ascertained, and which is:
(1) Found by any officer or employee of the city in or about any vehicle, structure, park, lot, street, or other place or premises owned by or under control of the city; or
(2) Surrendered to an officer or employee of the city by any person reporting it to have been found at any place.
SURPLUS PROPERTY. Any personal property belonging to and owned by the city, which has been determined by the City Manager to be of no further use to the city.
UNCLAIMED MOTOR VEHICLE. Any motor vehicle taken into custody after notice as provided herein.
UNCLAIMED PROPERTY. Money or personal property of any description other than contraband, firearms used in the commission of a crime, animals or motor vehicles, and which has, for any reason, come into the custody, actual or constructive, of the city and is no longer required to be held by the city for any purpose, and remains unclaimed for 30 days after notice to the owner or other interested person(s) as provided herein.
(Ord. 1817, passed 5- -93)
Any person who surrenders found property to the custody of any officer or employee of the city thereby surrenders and waives any claim of right, title, or interest therein which might otherwise be asserted.
(A) The officer or employee of the city into whose custody found property first comes shall deliver to the custody of the Police Department the property together with a report. The report shall set forth the following information as is known to the author:
(1) The date, time, name and address of finder, and place of the finding;
(2) The date and time the property came into the custody of the city; and
(3) A description of the property; the location where the property is kept.
(B) When found property comes into the custody of the Police Department the Police Department shall cause an identification tag to be attached to the property.
(Ord. 1817, passed 5- -93)
(A) Determination that personal property is surplus and of no further use to a using agency is within the exclusive jurisdiction of the City Manager.
(B) Disposition of surplus property is within the exclusive jurisdiction of the City Manager.
(Ord. 1817, passed 5- -93)
(A) Any officer or employee of the city who has, for any reason, the actual or constructive custody of unclaimed property shall deliver the property to be held under the jurisdiction of his department head. After ten days from time of delivery, or sooner if the department head or his designee deems the property to be of such value that more secure storage is advisable, the property shall be delivered to the custody of the Police Department.
(B) Within ten days of the property coming into the custody of the Police Department, the Department shall make diligent inquiry, including, but not limited to, an examination of the property for identifying markings, to discover the name and address of the owner, conditional vendor, mortgagee, or any person(s) interested therein.
(C) If the owner or other interested person(s) can be readily ascertained, or has been ascertained within ten days of the Police Department custody, the Department shall cause notice to be sent by certified mail to the owner or interested person(s) so that he may claim the property within 30 days of the date on which the notice is sent.
(D) Unclaimed property shall be held for at least 30 days following the notice to the owner or other interested person(s), during which time the owner may redeem the property by satisfactorily establishing his ownership thereof and payment of costs as provided herein.
(E) The Chief of Police, whenever he deems necessary, shall transmit to the evidence/property manager a list of all found and unclaimed property in his possession. After this transmittal, the property shall come into the custody and control of the Evidence/Property Manager.
(F) Unclaimed property valued at $25 or more and which remains unclaimed and not redeemed after the redemption period set forth in divisions (C) and (D) above shall be disposed of by the Evidence/ Property Manager as follows:
(1) At a time set by the City Manager, all unclaimed property shall be sold at public auction to the highest bidder for cash.
(2) In default of bids from others, the City Manager may dispose of the property at his discretion without necessity of taking further bids.
(3) Notice of the time and place of the auction shall be given by one publication in a newspaper of general circulation in the city not less than five days nor more than 15 days before the date of the sale. The notice shall contain a general description of the property to be sold.
(4) At the time of the payment of the purchase price for property sold under this section, the City Manager or a representative of the City Manager shall make, execute, and deliver, on behalf of the city, a bill of sale, in duplicate, the original to be delivered to the purchaser and the copy to be kept on file in the office of the City Manager. The bill of sale shall include the following:
(a) The name and address of the purchaser;
(b) The date of the sale;
(c) The consideration paid;
(d) A brief description of the property; and
(e) A stipulation that the city does not warrant the condition or title of the property.
(5) The sale and conveyance of unclaimed property shall be without redemption.
(6) Property sold pursuant to this section shall be delivered to the purchaser only upon presentation of the bill of sale therefor, issued pursuant to division (D) of this section.
(G) Found and unclaimed property valued at less than $25 and not redeemed may be disposed of by the City Manager in a manner most advantageous to the city.
(H) The proceeds of any sale under this section shall be applied as follows: First, to the payment of the cost of the sale and expenses incurred in the preservation and custody of the property, and; second, the balance, if any, shall be paid to the Finance Director/Recorder of the city and shall be credited to the general fund.
(Ord. 1817, passed 5- -93)
Motor vehicles shall be held and disposed of as provided by ORS Chapter 819.
(Ord. 1817, passed 5- -93)
Found property, unclaimed property and unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason, shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of the property shall be paid by the owner or other person(s) lawfully entitled to possession and upon payment of same the property may be released.
(Ord. 1817, passed 5- -93)
(A) The property shall be held by the city for a minimum period of 30 days after the property comes into the custody of the city, during which time the owner may redeem the property by satisfactorily establishing his ownership thereof, and the payment of any costs as provided herein.
(B) Found property which remains unclaimed and not redeemed after the redemption period set forth in division (A) above shall be disposed of as unclaimed property pursuant to city ordinance.
(Ord. 1817, passed 5- -93)
The City Manager, may, but is not required to, use additional or extraordinary efforts to locate owners or sell property as he sees fit in his sole discretion.
(Ord. 1817, passed 5- -93)
The purpose of this public grievance procedure is to establish a formal method the public shall pursue should they feel their city government is discriminating against handicapped persons.
(Ord. 1544, passed 10-8-84)
The City Manager is hereby designated to be the responsible city employee in all handicapped discrimination complaints.
(Ord. 1544, passed 10-8-84)
The Finance Director/Recorder is hereby designated to be the responsible city employee to record data necessary and required by the Office of Revenue Sharing and to make same available to the City Auditor.
(Ord. 1544, passed 10-8-84)
Grievances shall be resolved in the following manner:
(A) Step 1. The complainant shall file his grievance, in writing, to the City Manager.
(B) Step 2. With respect to any complaint submitted to the city in compliance with Step 1, the parties shall make earnest effort to reach early agreement. If resolution is not reached within ten days, the complaint shall be submitted to the City Council.
(C) Step 3. All unresolved complaints will be submitted to the City Council for final city resolution. Presentations will be made by the complainant and determination will be made by the City Council at the regularly scheduled meeting following notification of the request.
(D) Step 4. If the complainant is not in agreement with the City Council resolution, the complainant may appeal the Council's decision to the appropriate tribunal.
(Ord. 1544, passed 10-8-84)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The CHIEF OF POLICE of the city or his duly appointed representative.
CITY. The City of Hermiston, Oregon, a municipal corporation.
COURT. The municipal court of the City of Hermiston, Oregon.
COURT CLERK. Any person(s) sworn in as a clerk of the court.
DISTRICT. The City of Hermiston, Oregon.
FINANCE DIRECTOR/RECORDER. The FINANCE DIRECTOR/RECORDER of the City of Hermiston, Oregon, or his duly appointed representative.
JUDGE. A JUDGE of the municipal court of the City of Hermiston, Oregon.
SHERIFF. The Chief of Police of the city. (Ord. 1407, passed 4-12-82)
The following enumerated sections of the Oregon State Statutes of 2007 are hereby adopted by reference and made a part of this subchapter so far as they pertain to trial by juries in the municipal court:
(A) ORS 10.010 through 10.105 and ORS 10.115
(B) ORS 54.010 through 54.050
(C) ORS 54.100 through 54.130 and ORS 54.160 (Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00; Am. Ord. 2154, passed 3-9-09)
In all prosecutions for any crime over which the municipal court has jurisdiction, the prosecution and the defendant shall have the right of trial by jury, of six in number. Except as otherwise provided in this code, juries shall be selected in the same manner in which juries are selected for misdemeanor cases in circuit courts. The verdict of the jury shall be unanimous. (Ord. 1407, passed 4-12-82; Am. Ord. 2154, passed 3-9-09)
(A) On the first Monday of January of each year, the Finance Director/Recorder shall deliver to the municipal judge a current roll of the registered voters in the city. The Court Clerk, under the direction of the Municipal Judge, shall select and make from the roll a jury list of persons to serve as jurors for the next three months, and until another is selected. Subsequent jury lists for each following three month period will be prepared at least 30 days prior to the expiration of the current jury list.
(B) The list, when made, will be dated and signed by the Municipal Judge and Court Clerk.
(C) No person shall be placed on the jury list who has served on the jury list of the court during the preceding 12 months. (Ord. 1407, passed 4-12-82)
Each juror shall be entitled to an attendance fee as adopted by resolution, but not less than $10 for each day's required attendance.
(Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00)
If a case is tried by a jury and the defendant is found guilty, the clerk shall tax against the defendant the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and shall be made part of the judgment in the case by the clerk without further notice to the defendant or further order of the court. The jury trial fee is the amount provided by ORS 10.061 in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury in ' 33.37. (Ord. 2154, passed 3-9-09)
The purpose of this subchapter is to authorize the Police Department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment and/or volunteer work with the city in accordance with OAR 257-10-025(1)(a).
(Ord. 1965, passed 9-14-98; Am. Ord. 2130, passed 2-12-07)
All proceedings pursuant to this subchapter shall be conducted in accordance with ORS 181.555 and OAR 257‑10‑025, which establish procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS), and as supplemented below:
(A) Those applicants for employment and appointed volunteers with the city who are required to have a criminal history background checks shall authorize the city to conduct a criminal offender information check through the OSP-LEDS system.
(B) The Personnel Department will maintain the criminal history authorization form and request that a criminal history check be made if it is determined this will be in the best interest of the city in filling the position.
(C) The Hermiston Police Department will conduct the check on the prospective employee or volunteer and report to the Personnel Department that the applicant's record indicated Ano criminal record@ or Acriminal record@.
(D) If the applicant=s record is reported a Acriminal record,@ the Personnel Department will, in accordance with OAR 257‑10‑025 (1)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service. The Personnel Department will make the written criminal history record available to the selecting official for his consideration in making the hiring decision.
(E) The written criminal history record on persons who are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166‑40‑080 for a period of three years and thereafter will be destroyed by shredding.
(F) The criminal history record of applicants and volunteers with a criminal history who are hired or appointed will become a part of the confidential personnel file of the employee or volunteer. Access to confidential personnel files is limited to authorized persons who have an official need to access the files as sanctioned by law or regulation.
(G) Applicants for employment or appointment as a volunteer who have a felon criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft will be closely examined by the selecting official(s) to determine if the applicant possesses the required degree of public trust and confidence. Each selection will, however, be made on an individual, case‑by‑case basis, taking into account the applicant's qualifications, the requirements of the particular job or volunteer post applied for and the results of the criminal history check. Factors such as the age of the offender at the time of the offense, the type of offense and subsequent rehabilitation and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report.
(H) Hiring an applicant or appointing a volunteer with a criminal history record require a positive recommendation by the Chief of Police and the approval of the City Manager or governing body after full disclosure and consideration of the criminal history the applicant. (Ord. 1965, passed 9-14-98)
Except as provided in this chapter, the general laws of the state concerning initiative and referendum shall apply to any initiative or referendum of a city measure. (Ord. 2151, passed 8-25-08)
The date the first signature of an initiative petition is affixed shall be no later than 90 days after the issuance of the ballot title for the measure, and the initiative petition shall be filed with the city recorder for certification and approval no later than 180 days after the date the first signature on the petition has been affixed or at the end of 145 days from the effective date of this subchapter, whichever is later. (Ord. 2151, passed 8-25-08)