The mayor shall appoint the committees provided for under the rules of the council. He shall sign all approved records of proceedings of the council. He shall have no veto power and shall sign all ordinances passed by the council within three days after their passage. Upon the approval of the council, he shall endorse all bonds of officers of the city and all bonds for licenses, contracts, and proposals.
The recorder shall serve ex officio as clerk of the council, attend all its meetings unless excused therefrom by the council, keep an accurate record of its proceedings in a book provided for that purpose and sign all orders on the city treasurer. In his absence from a council meeting the mayor shall appoint a clerk of the council pro tem, who, while acting in that capacity, shall have the authority and duties of the recorder. The recorder shall countersign all instruments and writings authorized by this charter, the state constitution or laws, or council.
The city manager shall devote his entire time to the discharge of his official duties, shall attend all meetings of the council unless excused therefrom by the mayor or council president and keep the council advised at all times of the affairs and needs of the city and shall make annual reports or more frequent ones if requested by the council, of all the affairs and departments thereof.
He shall see that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits, and privileges granted by the city are fully observed.
He shall appoint all officers and employees except the municipal judge, and treasurer and remove them at pleasure, and have general supervision and control over them and their work with power to transfer from one department to another, and shall exercise supervision and control over the departments to the end of obtaining the utmost efficiency in each of the departments. He shall have no control, however, over the council, the treasurer, or the judicial activities of the municipal judge.
He shall act as purchasing agent for all departments of the city. All purchases shall be made by requisition signed by the city manager.
He shall be responsible for the preparation and submission to the budget committee of the general budget estimate and such reports as may be required by that body.
He shall perform such other duties as may be required by the charter or as the council may require of him.
Seats at council meetings. The manager shall be entitled to a seat with the council, but shall have no vote therein. The manager shall have the right to take part in the discussion of all matters coming before the council.
Manager pro tem. In case of the absence of the manager from the city, of his temporary disability to act as a manager, of his resignation as manager, or of discharge of him by the Council, and in the interim pending the appointment of the first manager by the council, the council shall appoint a manager pro tem who shall possess the powers and discharge the duties of the manager during such absence or disability only; but a manager pro tem shall have no authority to appoint or remove any city officer or employ except with the approval of a majority of the Council. No manager pro tem shall hold his position for more than six months unless by reappointment.
Interference in administration. No councilman shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the Manager in the making of any appointment or removal or in the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for manager, or discuss, directly or indirectly with any such candidate, the matter of appointments to any city office or employments. Any violation of the foregoing provisions of this section will work a forfeiture of the office of the offending member of the council; provided, however, that nothing therein contained shall be construed as prohibiting the council while in open session, from discussing with or suggesting to the manager, fully and freely, anything pertaining to city affairs and for the best interests of the city. Neither the manager nor any person in the employ of the city shall take part in securing or contribute any money toward the nomination or election of any candidate for a municipal office. (Section 20a added by an election held November 8, 1960)
The municipal judge shall be the judicial officer of the city. He shall hold within the city a court known as the municipal court for the city of Hermiston, Umatilla County, Oregon. Except on nonjudicial days, the court shall be open for the transaction of judicial business. All areas within the city shall be within the territorial jurisdiction of the court. The municipal judge shall exercise original and exclusive jurisdiction of all crime and offenses defined and made punishable by ordinances of the city and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinance of the city. He shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the city, to commit any such person to jail or admit him or her to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court. When not governed by ordinances or this charter, all proceedings in the municipal court for the violations of a city ordinance shall be governed by the applicable general laws of the state governing justices of the peace and justice courts. Trials in the municipal court of cases for violation of a city ordinance shall be had without juries.
No person or persons related to the mayor, any councilman, recorder, municipal judge, treasurer, chief of police, city attorney, or their respective spouses by consanguinity or affinity within the third degree shall hold any appointive office within the city with the exception of volunteer workers appointed by the common council and whose remuneration for such services is nominal and not to exceed $400 per annum. (Section 22, as amended by an election held May 18, 1956)