§ 33.01 Definitions

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)

§ 33.02 Surrender of Found Property

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.

§ 33.03 Records and Reports

(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)

§ 33.04 Treatment of Surplus Property

(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)

§ 33.05 Treatment of Unclaimed Property

(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)

§ 33.06 Abandoned Motor Vehicles

Motor vehicles shall be held and disposed of as provided by ORS Chapter 819.
(Ord. 1817, passed 5- -93)

§ 33.07 Owner's Responsability and Expense

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)

§ 33.08 Redemption of Property

(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)

§ 33.09 Discretion of City Manager

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)

§ 33.20 Purpose

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)

§ 33.21 Duties of City Manager

The City Manager is hereby designated to be the responsible city employee in all handicapped discrimination complaints.
(Ord. 1544, passed 10-8-84)

§ 33.22 Duties of Finance Director/Recorder

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)

§ 33.23 Resolution Procedure

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)

§ 33.35 Definitions

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)

§ 33.36 Adoption of State Statutes

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)

§ 33.37 Trial by Jury in Criminal Cases

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)

§ 33.38 Jury List

(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)

§ 33.39 Jurors' Fees

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)

§ 33.40 Jury Fees

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)

§ 33.50 Purpose

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)

§ 33.51 Procedure

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)

33.60 Adoption of state law

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)

33.61 Filing Deadline for Initiative Petitions

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)

§ 34.01 Scope

The system development charges imposed herein are separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law or imposed as a condition of development.
(Ord. 1938, passed 9-8-97)

§ 34.02 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Capital Improvements. Facilities or assets used for:

(1) Water supply, treatment and distribution;

(2) Sewer and wastewater collection, transmission, treatment and disposal;

(3) Drainage and flood control;

(4) Transportation; or

(5) Parks and recreation.

Development. Conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, or creating or terminating a right of access.

Improvement Fee. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to the provisions of this subchapter.

Land Area. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right of way or easement subject to a servitude for a public street or scenic or preservation purpose.

Owner. The Owner(s) of record title or the purchaser(s) under a recorded sales agreement, and other persons having an interest of record in the described real property.

Parcel of Land. A lot, parcel, block or other tract of land that is or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.

Permittee. The person to whom a building permit, development permit or right of way access permit is issued.

Qualified Public Improvement. A capital improvement that is:

(1) Required as a condition of development approval;

(2) Identified in the System Development Charge Fund Project Plan; and

(3) Not located on or continuous to a parcel of land that is the subject of the development approval.

Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to the provisions of this subchapter.

System Development Charge. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement. System Development Charges does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision.
(Ord. 1938, passed 9-8-97)

§ 34.03 System Development Charge Imposed

Unless exempted pursuant to herein, a systems development charge is hereby imposed upon all development within the city.
(Ord. 1938, passed 9-8-97)

§ 34.04 Method for Establishment

Systems development charges shall be established and may be revised by resolution of City Council. The resolution shall set the amount of the charge, the type of permit to which the charge applies, and, if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge.

(Ord. 1938, passed 9-8-97)

§ 34.05 Methodology

(A) The methodology used to establish the reimbursement fee shall consider the cost of the then existing facilities, prior contributions by then existing system users, the value of unused capacity, rate making principles employed to finance publicly owned capital improvements, and other relevant factors identified by the City Council. The methodology shall promote the objective that future systems users shall contribute not more than an equitable share of the cost of then existing facilities.

(B) The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and other relevant factors identified by the City Council.

(C) The methodology used to establish the improvement fee or the reimbursement fee, or both, shall be adopted by resolution.
(Ord. 1938, passed 9-8-97)

§ 34.06 Authorized Expenditure

(A) Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness.

(B) Improvement fees shall be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to demands created by projected development.

(C) Capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the Systems Development Charge Fund Project Plan adopted by the city.

(D) System development charge revenues may be expended on the direct costs of complying with the provisions of this subchapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge funds.
(Ord. 1938, passed 9-8-97)

§ 34.07 Project Plan

(A) The City Council shall adopt by resolution the Systems Development Charge Fund Project Plan. This plan:

(1) Defines the amount of current or under construction capacity available for new development and the cost of the facilities comprising this capacity;

(2) Lists the capital improvements that may be funded with improvement fee revenues; and

(3) Lists the estimated cost and estimated construction time frame of each improvement.

(B) In adopting this plan, the City Council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section. The City Council may modify this project plan at any time through the adoption of an appropriate resolution.
(Ord. 1938, passed 9-8-97)

§ 34.08 Charge Collection

(A) The systems development charge is payable upon issuance of:

(1) A building permit;

(2) A development permit for development not requiring the issuance of a building permit;

(3) Approval to connect or increase the usage of the system or systems provided by the city; or

(4) A right of way access permit.

(B) The resolution which sets the amount of the charge shall designate the permit or systems to which the charge applies.

(C) The City Manager or his designee shall collect the applicable system development charge from the permittee or system user.

(D) The City Manager or his designee shall not issue the permit or allow connection or increased usage of the system(s) until the charge has been paid in full, unless an exemption is granted pursuant to § 34.09.

(E) All moneys collected through the system development charge shall be retained in a separate fund and segregated by type of system development charge and by reimbursement versus improvement fees.
(Ord. 1938, passed 9-8-97)

§ 34.09 Exemptions

(A) Exemptions include all structures and uses established and existing on or before the effective date of the resolution.

(B) Additions to single family dwellings that do not constitute the addition of a dwelling unit as defined by the city's Building Code are exempt from all portions of the system development charge.

(C) An alteration, addition, replacement or change in use that does not increase the parcel's or structure's use of a capital improvement are exempt from all portions of the system development charge.
(Ord. 1938, passed 9-8-97)

§ 34.10 Credits

(A) A permittee is eligible for credit against the system development charge for constructing a qualified capital improvement. A qualified capital improvement means one that meets all of the following criteria:

(1) Is required as a condition of development approval by the city;

(2) Is identified in the adopted System Development Charge Fund Project Plan; and

(3) Is not located within or contiguous to the property or parcel that is subject to development approval; or

(4) Is not located in whole or in part on, or contiguous to, property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

(B) This credit shall be only for the improvement fee charged for the type of improvement being constructed. Credit under this section may be granted only for the cost of that portion of the improvement that exceeds the facility size or capacity needed to serve the development project.

(C) In applying the adopted methodology, the city may grant a credit against the improvement charge for capital facilities provided as part of the development that reduces the development's demand upon existing capital improvements or the need for further capital improvements or that would otherwise have to be constructed at city expense under the then existing City Council policies.

(D) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.

(E) All credit requests must be in writing and filed with the city before the issuance of a building permit. Improvement acceptance shall be in accordance with the usual and customary practices, procedures and standards of the city. The amount of any credit shall be determined by the city and based upon the subject improvement construction contract documents, or other appropriate information, provided by the applicant for the credit. Upon a finding by the city that the contract amounts exceed prevailing market rate for a similar project, the credit shall be based upon market rates. The city shall provide the applicant with a credit on a form provided by the city. The credit shall state the actual dollar amount that may be applied against any system development charge imposed against the subject property. The applicant has the burden of demonstrating qualification for a credit.

(F) Credits shall be apportioned against the property which was subject to the requirements to construct an improvement eligible for credit. Unless otherwise requested, apportionment against lots or parcels constituting the property shall be proportionate to the anticipated public facility service requirements generated by the respective lots or parcels. Upon written application to the city, however, credits shall be reapportioned from any lot or parcel to any other lot or parcel within the confines of the property originally eligible for the credit. Reapportionment shall be noted on the original credit form retained by the city.

(G) Any credits may be assigned; however, they shall apply only to that property subject to the original condition for land use approval upon which the credit is based or any partitioned or subdivided parcel or lots of property to which the credit has been apportioned. Credits shall only apply against system development charges, are limited to the amount of the fee attributable to the development of the specific lot or parcel for which the credit is sought and shall not be a basis for any refund.

(H) Any credit request must be submitted before the issuance of a building permit. The applicant is responsible for presentation of any credit and no credit shall be considered after issuance of a building permit.

(I) Credits shall be used by the applicant within ten years of their issuance by the city.
(Ord. 1938, passed 9-8-97)

§ 34.11 Notification: Appeals

(A) The city shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of the system development charge methodology. These persons shall be so notified in writing of any proposed changes at least 45 days prior to the first hearing to adopt or amend methodology(ies). This methodology shall be available at least 30 days prior to the public hearing.

(B) No challenge to the system development charge methodology shall be accepted after 60 days following final adoption by the City Council.
(Ord. 1938, passed 9-8-97)

§ 34.12 Annual Accounting

The city shall provide an annual accounting for system development charges showing the total amount of system development charges collected for each system along with a list of projects funded in whole or in part through system development charges.

(Ord. 1938, passed 9-8-97)

§ 34.25 Short Title

This subchapter shall be known as the Improvement District Ordinance of the city.

(Ord. 431, passed 8-23-61)

§ 34.26 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Local Improvement. Opening, laying, widening, extending, altering, changing the grade of, constructing, reconstructing, or repairing any street, alley, curb, gutter and sidewalk; constructing, reconstructing or repairing any sewer, drain, or system thereof; laying or installing any water main or lateral; acquiring, establishing, or reconstructing any off street motor vehicle parking facilities; acquisition of land and equipment for installation of park, playground or neighborhood recreation facility; installation of underground wiring, ornamental street lights; or performing any other public work for which an assessment may be made on the property specially benefited.

Lot. Lot, block or parcel of land.

Owner. The owner of the title to real property or the contract purchaser of real property, of record, as shown on the last available complete assessment roll in the office of the County Assessor.

Property Benefited. All property specifically benefited by the improvement, the relative extent of benefit to be determined by any just and reasonable method of apportionment of the total cost of the improvement between the properties determined to be specially benefited therefrom.
(Ord. 431, passed 8-23-61; Am. Ord. 1124, passed 3 13 78)

§ 34.27 Preparation of Plans

(A) Whenever the City Council shall determine, either after petition by property owners or on their own motion, to proceed to make an improvement to be paid for in whole or in part by the property benefited, they shall, by motion, direct the City Manager to have the following report prepared containing the following information and any other information requested by the City Council.

(1) A description of the work proposed to be done;

(2) Preliminary plans and outline specifications for improvement;

(3) A description of the boundaries of the proposed improvement district;

(4) A just and reasonable method for apportioning the costs of the improvements to the properties benefited;

(5) A list of the properties benefited by improvement, including the name of the owner of each property benefited and the address of the owner; the assessed valuation of each property, adjusted in accordance to ORS 223.220; and a statement of the amount of outstanding assessments against any property proposed to be assessed by the improvement;

(6) The estimated total cost of the improvement including all legal, engineering and administrative costs;

(7) The proportionate cost of the improvement to be assessed to each benefited property;

(8) The portion of the cost of the improvement to be borne by any city funds, if any.

(B) The City Manager shall have a copy of the report filed in the office of the Finance Director/Recorder when completed.
(Ord. 431, passed 8-23-61)

§ 34.28 Assessing Costs

(A) In proposing a method of assessment of the costs of the improvement, the following shall be considered.

(1) The use of any just and reasonable method of determining the extent of the district boundaries consistent with the benefits derived;

(2) The use of any method of apportioning the sum to be assessed as is just and reasonable among the properties determined to be specially benefited;

(3) Payment by the city of all or any part of the cost of any improvement when, in the opinion of the City Council, on account of topographical or physical conditions, unusual or excessive use by the general public or other character of the work involved, or when the Council otherwise believes the situation warrants; provided that proportion to be paid by the city represents a reasonable relation between the benefits derived by the property specially assessed and the benefits derived by the city as a whole.

(B) Nothing herein contained shall preclude the Council from using other available means of financing improvement, including federal or state grants in aid, sewer service or other types of services or charges, revenue bonds, general obligation bonds, or other legal means of finance. In the event any of the other means of finance are used, the Council may, in its discretion levy special assessments hereunder according to benefits to cover any part of the costs of the improvement not covered by such means.
(Ord. 431, passed 8-23-61)

§ 34.29 Final Assessments

(A) When improvement has been completed, the City Council shall, by ordinance, provide for the assessment of the benefited properties and for the apportionment of the assessment to the individual lots within the district.

(B) In determining the cost of the improvement, the following shall be added to the contract price of the work:

(1) The cost of right of way;

(2) Condemnation expenses;

(3) Cost of engineering;

(4) Cost of supervision;

(5) Cost of inspection;

(6) Cost of advertising;

(7) Legal expenses; and

(8) Any other necessary and proper expenses, which costs shall be a part of the amounts assessed to the benefited properties.

(C) The final assessment ordinance shall provide that the assessments against the benefited properties shall be a charge and a lien against the assessed properties. (Ord. 431, passed 8-23-61)

§ 34.30 Errors in Assessments

(A) Claimed errors in calculation of assessments shall be called to the attention of the City Manager prior to any payment on account thereof. The City Manager shall check the calculation and report his findings to the Council.

(B) If an error has been made, the Council shall amend the final assessment ordinance to correct the error. Upon the enactment of an amendment by the City Council, the Finance Director/Recorder shall make the necessary correction in the lien docket and shall send by registered or certified mail to the owner a corrected notice of the assessment.
(Ord. 431, passed 8-23-61)

§ 34.31 Reassessments

The provisions of ORS 223.405 to ORS 223.485, concerning reassessments after assessments are set aside for any reason, or when the courts refuse enforcement of assessments, or when the City Councilis in doubt as to the validity of the assessments, are hereby adopted and made a part of this subchapter.

(Ord. 431, passed 8-23-61)

§ 34.32 Creation of Improvement Districts

(A) Resolution to create districts.

(1) After the City Manager's report has been filed with the Finance Director/Recorder and after the City Council has examined the report and found the same to be satisfactory, and the estimated cost and apportionment thereof to be reasonable and just, and after having found the boundaries of the improvement district to be properly determined, the City Council shall, by resolution, propose to make an improvement, and to create a local improvement district.

(2) The resolution shall also state the boundaries of the district, the proposed method of apportioning the costs of the improvement among the property owners; the portion of the cost, if any, which the city shall pay; and that the portion of the costs which are assessed to the property owners shall be a charge and lien upon the properties benefited.

(3) The resolution shall also set the date for a public hearing and shall direct the Finance Director/Recorder to publish a notice of the hearing as required by ORS 223.389.

(B) Ordinance to create districts.

(1) After the time for filing remonstrances has expired, and after the public hearing, if the local improvement district has not been objected to by the owners of 60% of the property benefited the Council may, by ordinance, provide for the creation of the local improvement district.

(2) The above-mentioned ordinance shall describe the improvement to be made and the boundary of the district. The ordinance shall also provide that the costs of the improvement which are assessed against the properties benefited shall be charges and liens against the property.

(3) The city may enforce collection of assessments as provided by ORS 223.505 to 223.650, or in any other manner provided by law.

(4) In creating the local improvement by ordinance, the Council shall consider the objections and remonstrances made thereto, and the reasons stated therefor. The Council may correct, modify or revise the proposed assessments and shall determine the amount of assessment to be charged against each lot within the district, according to the special benefits accruing thereto from the local improvement.

(5) The ordinance shall also direct that the City Manager have detailed plans and specifications of the improvement prepared and that, when appropriate, that the city invite bids for construction of the improvement. All bidders shall be required to submit a certified check or bid bond in the amount equal to 5% of their bid, and the contractor to whom the award is made shall submit a performance bond in the amount of his bid at the time the contract is awarded.
(Ord. 431, passed 8-23-61)

§ 34.33 Notice of Remonstrance; Public Hearing

(A) Notice of remonstrance.

(1) The notice of the time and place of the public hearing shall state that the City Council shall hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. The notice shall be published once a week for two successive weeks in a newspaper of general circulation designated as legal publication by the City Council, and not less than ten days prior to the date set for the hearing.

(2) The notice shall state that the City Council, by resolution, has proposed to create the improvement. The notice shall also include the following:

"Unless the owners of 60% of the property within the local improvement district make and file with the Finance Director/Recorder a written objection and remonstrance against the proposed improvement within ten days from date of the publication of this notice, or present their objections at the public hearing, the Council shall be deemed to have acquired jurisdiction to order the improvement to conform in all particulars to the plans and specifications previously adopted. Any objection or remonstrance shall state the reasons therefor."

(3) The Finance Director/Recorder shall also notify the owner of each lot proposed to be assessed by registered or certified mail, or by personal delivery, of the amount of the assessment proposed for that property, or the date by which objections shall be filed with the Finance Director/Recorder, and of the date of the public hearing.

(4) Whenever a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or his agent. If the address of the owner or his agent is not known, the notice shall be sent to the owner at the city where the property is located.

(5) Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper of general circulation in the city.

(B) Prevention of improvement by remonstrances or at the public hearing. If within ten days from the date of the publication of the notice, the owners of 60% or more of the property within the district file with the Finance Director/Recorder a written objection or remonstrance against the proposed improvement or if the remonstrance be made at the public hearing, the objection or remonstrance shall be a bar to any further proceeding in the making of the improvement for a period of six months, unless the owners of one half or more of the property affected shall subsequently petition.
(Ord. 431, passed 8-23-61)

§ 34.34 Improvement Construction Procedure

(A) It shall be the general policy of the city to call for bids for making local improvements and to award the bid to the lowest, responsible bidder. This general policy, however, shall not prohibit the Council from providing that the city construct the local improvements rather than private contractors. In the event that more than one local improvement district shall be advertised for bids at the same timed all local improvement districts shall be bid separately. The Council shall have the authority, however, to accept the lowest aggregate bid for all of the local improvement districts bid at the same time and they shall allocate the proper amount of the total cost to each district separately.

(B) The Council may, in its discretion, reject any and all bids submitted if the aggregate of the bid exceeds the aggregate estimated cost of all of the districts, and the Council shall not be required to accept any bid for any individual district even though the same may comply with the requirements here of when the aggregate bid fails to meet the requirements of other local improvement districts then bid.
(Ord. 431, passed 8-23-61)

§ 34.35 Parking Improvements

The procedure for establishing motor vehicle parking districts provided in ORS 223.805 to 223.845 shall be the same as for other improvement districts.

(Ord. 431, passed 8-23-61)

§ 34.36 Lien Recordings; Payments

(A) Immediately after the City Council has approved the final assessment ordinance, the Finance Director/Recorder shall enter the assessments in the city lien docket, which assessments shall be a lien and charge upon the respective lots against which they are placed. Liens shall be first and prior to all other liens or encumbrances thereon insofar as the laws of Oregon allow.

(B) After making entry, the Finance Director/Recorder shall publish a notice in a newspaper designated by the City Council for the publication thereof. This notice shall state that within ten days of the time of publication of this notice, the owners of the assessed properties may file with the Finance Director/Recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.295, which is hereby adopted by reference and made a part of this subchapter. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the lien docket.

(C) The Finance Director/Recorder shall also send by registered or certified mail to the owners of the assessed property a notice containing the same information as the notice which is published in the newspaper. If the address of the owner is unknown to the Finance Director/Recorder, the same requirements shall be met as described by § 34.33(A) of this subchapter and by ORS 223.391.

(D) The contents of the application to pay assessments on the installment basis shall be as provided by ORS 223.315.

(E) After application has been made by the owners of assessed property to have the assessments bonded, assessments shall be transferred by the Finance Director/Recorder from the city lien docket to the bond lien docket, as provided by ORS 223.230.
(Ord. 431, passed 8-23-61)

§ 34.37 Foreclosure Interest

(A) The current Bancroft bond interest rate shall be that interest charged per annum until paid on the unpaid balance remaining on the city lien docket from the date of entry, or of entry corrected pursuant to any provisions of this subchapter, except that no interest shall be charged if the assessment be paid within 30 days of the passage of the final assessment ordinance.

(B) The city may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to the provisions of this subchapter at any time after 60 days from the date of entry of the assessment in the lien docket, as provided by ORS 223.505 through 223.775, or any other method provided by law.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)

§ 34.38 Bonding Provisions

(A) Rebonding. The provisions of ORS 223.715 to ORS 223.750, concerning rebonding of bonded assessments which have not been fully paid are hereby adopted and made a part of this subchapter. The applicable interest rate for ORS 223.715 shall be the current Bancroft bond interest rate.

(B) Reinstatement. The provisions of ORS 223.755, concerning reinstatement of delinquent liens before the property affected has been sold, are hereby adopted and made a part of this subchapter.

(C) Miscellaneous provisions. The provisions of ORS 223.750 and 223.765, concerning acceptance of home owner's loan corporation bonds and municipal bonds as payments for assessment liens; of ORS 223.770, concerning assessment of public property benefited by improvements; and of ORS 223.880, concerning the inclusion of public roads in sidewalk improvement districts; are hereby adopted by reference and made a part of this subchapter.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)

§ 34.39 Abandonment of Proceedings

The City Council shall have full power and authority to abandon and rescind proceedings for improvements undertaken hereunder at any time prior to the final consummation of proceedings. If liens have been assessed upon any property under this procedure, they shall be cancelled and any payments made thereon shall be refunded to the payor, his assigns, or legal representatives.
(Ord. 431, passed 8-23-61)

§ 34.40 Curative Provision

No improvement assessment shall be invalid by reason of a failure to give, in any report on the proposed assessment, in the assessment ordinance, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot or other parcel of land, or part thereof, or the name of any person having a lien upon or interest in the property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings hereinabove specified, unless it appears that the assessment as made, insofar as it affects the person complaining, is unfair and unjust and the City Council shall have power and authority to remedy and correct all matters by suitable action and proceedings.

(Ord. 431, passed 8-23-61)

§ 36.01 Title

This chapter shall be known as the City of Hermiston Employer Employee Relations Ordinance.
(Ord. 867, passed 5-12-75)

§ 36.02 Purpose

The purpose of this chapter is to establish policies and procedures for the orderly administration of employer employee relations in city government, the formal recognition of employee organizations, and the resolution of disputes regarding wages and related economic benefits.
(Ord. 867, passed 5-12-75)

§ 36.03 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Appropriate Unit. A unit determined pursuant to § 36.17 of this chapter, excluding confidential and management employees as herein defined.

City. The city of Hermiston and, where appropriate herein, the City Council or any authorized management employee as herein defined.

City Council. The governing body of the City of Hermiston.

City Representative. The City Manager, or alternate or alternates as may be selected by him, together with another person or persons as the City Council may designate. The City Council may authorize the City Manager to designate another person or persons on their behalf.

Consultation in Good Faith. The mutual obligation of the city representative and employee representative personally to meet at reasonable times and to communicate in good faith verbally or in writing in an attempt to reach agreement on those matters within the scope of consultation.

Day. A calendar day.

Employee. Any employee who is appointed to a full time or part time permanent city position.

Employee, Confidential. Any employee who is privy to decisions of city management affecting employer employee relations. Confidential Employees shall be designated by the City Manager.

Employee, Management. Any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the City Manager and department heads; and any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them, or to adjust grievances, or effectively to recommend action if in connection with the foregoing, and the exercise of authority is not of a merely routine or clerical nature but requires the use of independent judgment. Management Employees shall be designated by the City Manager.

Employee Organization. Any organization which has in its membership employees of the city and which has as one of its primary purposes representing employees in their employment relations with the city.

Employee Organization, Certified.. An employee organization which has been certified as the majority representative of employees in an appropriate unit in accordance with the provisions of §§ 36.17 through 36.20.

Employee Representative. The employee or employees representing a certified employee organization for purposes of the consultation process provided in this chapter.

Employer Employee Relations. The relationship between the city and its employees and their employee organizations or, when used in a general sense, the relationship between city management and employees or employee organizations.

Fact Finder.. The Fact Finder, Fact Finding Committee, or Fact Finding Body selected pursuant to § 36.21.

Fact Finding. Identifying the major issues in a particular dispute; reviewing the positions of the parties; investigating and reporting of the facts by one or more impartial fact finders; and making recommendations for settlement.

Grievance. A dispute concerning the interpretation of the rules and regulations governing personnel policies and practices of the city affecting the employee, or of the practical consequences of a “city rights” decision on wages and related economic benefits. An impasse is not a Grievance.

Impasse. A deadlock in the annual discussions between the city representative and employee representative over any matters within the scope of consultation as defined in § 36.15 of this chapter.

Mediation. The effort of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution of an impasse through interpretation, suggestion and advice.

Memorandum of Understanding. A written memorandum incorporating matters on which agreement is reached through the consultation process and approved by the City Council.
(Ord. 867, passed 5-12-75)

§ 36.15 Scope of Consultation

The scope of consultation between the city representative and employee representative shall include all matters relating to employee wages and related economic benefits. Employee rights as defined in § 36.24 and city rights as defined in § 36.25 of this chapter are excluded from the scope of consultation and not subject to the consultation process provided in this chapter.
(Ord. 867, passed 5-12-75)

§ 36.16 Consultation Process

The purpose of this section is to provide procedures for the consultation process.

(A) A meeting of all employee representatives and the city representative shall be held no later than October 1 of each year to review the consultation procedures and to discuss matters within the scope of consultation and the data relating to the matters that the employee representatives desire to have available during the consultation process. The city representative shall make reasonable efforts to obtain data and shall present it to the employee representative by November 15 of each year.

(B) All matters within the scope of consultation which employee representatives might propose shall be submitted in writing to the city representative by December 1 of each year. All matters which the city might propose shall be submitted in writing by the city representative to the appropriate employee representatives by January 15 of each year. No proposal may be considered that will affect the ensuing year's budget unless the same was submitted by December 1, in the case of the employee representative, and by January 15, in the case of the city representative.

(C) An initial meeting to discuss the written proposals shall be held within ten days after the submission of the city representative's proposals, but in no event later than January 15 of each year. Matters of city wide concern shall be discussed in joint meetings between the city representative and the employee representatives of all the certified employee organizations. “Matters of city wide concern” are those matters requiring major budgetary financing or having an impact on city employees generally, as determined by the City Manager.

(D) Subsequent consultation sessions shall be arranged by mutual agreement of the city representative and the employee representative.

(E) Upon completion of consultations, a “memorandum of understanding” shall be prepared by the City Manager and signed by the City Manager and the employee representative. The signed memorandum shall be forwarded to the City Council for its acceptance, rejection, or modification and acceptance.

(F) Any time limit provided in this section may be extended by mutual agreement of the city representative and the employee representatives.
(Ord. 867, passed 5-12-75)

§ 36.17 Employee Representation Unit Determination

(A) Any employee organization desiring to represent a group of employees in consultations held in accordance with this chapter may petition the City Council for a representation election. A representation petition shall be in writing and shall specify:

(1) The name and address of the organization;

(2) The principal officers of the organization;

(3) The person and address to whom all communications to the organization concerning the election shall be sent;

(4) That membership in the organization is not denied because of race, sex, color, religious creed, national origin or ancestry, or political affiliation; and

(5) A description of the unit proposed by the organization to be appropriate and within which the election is sought. The description shall include a listing of the classification titles of the positions in the proposed appropriate unit.

(B) The representation petition shall be supported by the signatures of at least 50% of the employees in the proposed appropriate unit. The signatures shall be based upon the representation petition, and the petition shall bear the date that the signatures were obtained. All employee signatures must have been placed upon the representation petition within 60 days immediately preceding submission of the petition.

(C) Upon filing of the representation petition, the Finance Director/Recorder shall post within the work area of the proposed appropriate unit a notice describing the proposed unit, that a representation election has been requested, and naming the employee organization petitioning for representation.

(D) The City Council shall refer the representation petition to the City Manager for examination and verification. The City Manager shall examine the petition and determine whether valid signatures of the required 50% of the employees in the proposed appropriate unit are on the petition. In the event that the City Manager finds that the petition lacks the required 50%, he shall so notify the City Council and the petitioning employee organization. The petition shall be dismissed forthwith if not previously withdrawn by the employee organization.

(E) The City Manager shall make the final determination as to what employees, if any, in the proposed appropriate unit shall be considered management or confidential employees. If that determination affects the representation petition, then the employee organization shall be notified, and it may amend its petition. The verification of the representation petition shall be forwarded to the City Council immediately.

(F) After receiving the representation petition and after the City Manager has notified the City Council that the petition meets the requirements of this section, the City Council shall then determine whether the petitioner is a bona fide employee organization, whether the unit within which the election is sought is an appropriate unit, and any other questions relating to the subject matter. In determining whether the proposed unit is an appropriate unit, the City Council shall use the following criteria to assist them in its determination:

(1) The community interest of employees;

(2) The history of employee representation in the unit, among other employees of the city, and in similar employment;

(3) The effect of the unit on the efficient operation of the city and upon sound employee relations;

(4) The extent to which employees have common skills, working conditions, job duties, or similar educational requirements;

(5) The effect on the city's classification structure of dividing a single classification among two or more units.

(G) The City Council shall obtain and consider written reports and recommendations of the City Manager which shall take into consideration views of all concerned departments and offices, and the effect on the city. Affected employee organizations may also submit their views in writing concerning the proposed unit, which views shall be considered by the City Council. If the City Council determines that it is in the best interest of the parties, it may schedule a hearing so that all parties may have an opportunity to present evidence or argument in support of their position.

(H) If the City Council determines that the unit is appropriate, then it shall direct the Finance Director/Recorder to schedule a secret ballot election within the unit in accordance with the provisions of § 36.18. If the City Council determines that the proposed unit is inappropriate, it shall so notify the affected parties. Upon receipt of notification, the petitioner may amend its petition, in which event the applicable procedures of this section shall apply.

(I) If an employee organization other than the one filing the original petition for representation desires to represent the same unit and wishes to be on the same election ballot, it shall file a petition meeting the requirements of this section within 15 days of the posting of notice by the Finance Director/Recorder under division (C); provided, the petition need be supported by only 40% of the employees in the unit.
(Ord. 867, passed 5-12-75)

§ 36.18 Representation Election Procedure

(A)

(1) Upon receiving the City Council's order to hold a representation election, the Finance Director/Recorder shall schedule an election within 30 days and shall post a notice of the election in the work area of the appropriate unit 15 days prior to the election.

(2) The notice shall include:

(a) A description of the appropriate unit;

(b) The name of the employee organization or organizations which are candidates for election;

(c) A list of the employees eligible to vote, the date the election is to be held; and

(d) The procedure to be followed.

(3) Only employees within the appropriate unit shall be eligible to vote in the election. Voting shall be by secret ballot and shall provide an opportunity to vote for any of the candidates on the ballot or for “no representation.” Absentee ballots may be used in connection with representation elections in the form and manner as may be prescribed by the Finance Director/Recorder.

(B) An employee organization shall be certified by the Finance Director/Recorder as the representative of the appropriate unit following an election if the organization has received the vote of a majority of all the employees in the appropriate unit for which the election is held.

(C)

(1) Each party may be represented at the polling place by one observer. Observers may challenge votes. When a voter's eligibility is called into question, the ruling shall be temporarily reserved. The ballot will be marked as “challenged,” together with the reason for the challenge.

(2) The Finance Director/Recorder may also challenge anyone whose name is not on the eligibility list. When all ballots are in, the Finance Director/Recorder shall tally the ballots. The official observers may be present when the tally is made. Unless the challenged ballots are sufficient in number to affect the results of the election, they will not be considered further. If challenged ballots are sufficient in number to affect the results of the election, an investigation shall be made by the City Manager as to the validity of each challenge.

(3) The results of the election shall be certified by the Finance Director/Recorder to the parties.

(D) At least one year shall elapse following an election by which an organization has been certified as the majority representative or by which the employees have chosen “no representation” before a petition for representation and certification may be filed covering substantially the same group of employees. At least three months shall elapse before a petition may be filed if neither “no representation” nor an organization receives a majority vote as required by division (B).

(E) Election costs shall be shared equally by the city and the employee organizations whose names appear on the ballot.
(Ord. 867, passed 5-12-75)

§ 36.19 Duration of Certification

When an employee organization has been certified as the majority representative of an appropriate unit, certification shall remain in effect for one year from the date thereof. After one year the organization is subject to the affirmation procedures provided in § 36.20.
(Ord. 867, passed 5-12-75)

§ 36.20 Affirmation Procedure

(A) A petition, alleging that a certified employee organization is no longer the majority representative of employees in an appropriate unit, may be filed with the Finance Director/Recorder by an individual employee, a group of employees or their representatives, or an employee organization.

(B) The petition may be filed at any time after completion of the certified employee organization's first year of certification; provided, however, the City Council may prescribe additional restrictions on the time of filing a petition during the terms, if any, of approved memorandums of understanding.

(C) The affirmation petition shall be in a form substantially similar to the form prescribed for petitions under the provisions of § 36.17 supported by signatures of at least 50% of the employees represented by the certified employee organization and indicating that they do not desire to be represented by the currently certified employee organization. The affirmation petition may be accompanied by a petition for certification.

(D) If the City Manager determines that petition requirements have been met, the Finance Director/Recorder shall arrange for an election which shall be held in substantial accord with the election provisions of § 36.18 to determine whether the certification of the currently certified organization should be affirmed. The organization shall be decertified if it fails to receive the affirmative vote of a majority of the employees in the appropriate unit currently represented by the organization.

(E) An affirmation election may be held concurrently with a representation election where the City Council considers it appropriate to do so, in which event a combined ballot may be used.
(Ord. 867, passed 5-12-75)

§ 36.21 Impasse Procedure

(A) In the event that the city representative and the employee representative are unable to agree on the terms of a “memorandum of understanding” by February 15 of each year, then the City Council, upon petition of either party, may request mediation services as provided by the state of Oregon's Public Employee Relations Board or by some other mutually agreed upon third party. If both parties agree, mediation services may be waived and the matters in dispute submitted directly to the fact finding process or directly to the City Council for final determination after a hearing on the merits of the dispute.

(B) If both parties waive mediation, or if the City Council fails to request mediation services, or if the impasse procedure in division (A) is not successful by March 1 of each year, a three person fact finding committee shall be formed as follows:

(1) The city representative and the employee representative each shall submit names of three persons within three days.

(2) The city representative shall, within one day, remove one name from the employee representative's list; and then the employee representative shall, within one day, remove one name from the city representative's list. After each party has removed a total of two names in this alternating fashion, the remaining two names shall become members of the fact finding committee, and they shall mutually agree upon a third member who shall serve as chairperson.

(3) If after three days following their selection the two members of the fact finding committee cannot mutually agree upon the third member, they shall obtain a list of three members of the American Arbitration Association who reside in Oregon or another list as is mutually acceptable to the two members. The designate of the city representative shall have two days to remove one name, and the designate of the employee representative shall have one additional day to remove one of the two remaining names. The remaining person shall become the third member and chairperson of the fact finding committee.

(C) If the City Council and both parties agree, one of the following may be substituted in lieu of the fact finding committee:

(1) The mediator may be requested by the City Council to serve as sole fact finder.

(2) The American Arbitration Association may be requested by the City Council to provide fact finding services.

(3) The Public Employee Relations Board may be requested by the City Council to provide the city with a list of seven persons from its list of fact finders. Upon receipt of the list, the city representative shall remove one name, and then the list shall be sent to the employee representative and he shall remove one name. After each party has removed a total of two names in this alternating fashion, the remaining three names shall become the fact finding body.

(D) If both parties agree, fact finding procedures may be waived and the matters in dispute submitted directly to the City Council for final determination after a hearing on the merits of the dispute.

(E) After the fact finder has obtained enough information from the parties in the controversy, he shall then, based on the background he has on the issue and any other additional information, present a written statement of facts and his recommendations for resolving the dispute to the parties involved within 15 days after his selection.

(F) If the parties involved in the dispute are unable to reach agreement within five days of receipt of the fact finder's recommendations, the fact finder shall forward his recommendations to the City Council. The City Council shall conduct a hearing within 15 days from the date of filing the recommendations to allow the city representative or the employee representatives an opportunity to present their positions with respect to the fact finder's recommendations. Upon conclusion of the hearing, the City Council shall make a final determination.

(G) After the City Council makes the decision, the affected parties shall incorporate that decision into the “memorandum of understanding” to be submitted to the City Council for its approval.

(H) Any time limit provided in this section may be extended by mutual agreement of both parties.

(I) The expenses of mediation and fact finding shall be shared equally by the parties. The city shall furnish meeting space when requested for the proceedings.
(Ord. 867, passed 5-12-75)

§ 36.22 Time Off for Employee Representatives

(A) Reasonable time off without loss of pay shall be limited to not more than three employees serving as authorized representatives of certified employee organizations when formally meeting during regular working hours with the city representative on matters within the scope of consultation. Only those employees whose active participation is necessary in the conduct of meetings shall be authorized paid time off.

(B) No employee representative shall leave his duty or work station or assignment for purposes of the employee organization without specific approval of the department head or other authorized city management official. Any meeting on city time is subject to scheduling by the City Manager in a manner consistent with operating needs and working schedules.

(C) Nothing provided herein, however, shall limit or restrict the City Manager from scheduling meetings before or after regular duty or work hours under appropriate circumstances.
(Ord. 867, passed 5-12-75)

§ 36.23 Availability and Use of Data

(A) The city will make available to certified employee organizations nonconfidential information pertaining to employer employee relations as is contained in the public records of the city. The information shall be made available during regular office hours in accordance with applicable city rules and regulations. Information which shall be made available to certified employee organizations includes regularly published date covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries but shall not be made available in form as to disclose the source.

(B) Nothing in this chapter shall be construed as to require disclosure of records that are:

(1) Records pertaining to pending litigation to which the city is a party, or to claims or appeals which have not been settled;

(2) Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy; and

(3) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record.

(C) To facilitate meaningful consultations, the city representative and employee representatives may agree to use certain common sources of information, such as salary surveys of private and public employers. Mutually agreed upon data collected by either party shall be made available to the other. All data used shall conform to the salary policy and other similar policies adopted by the City Council.
(Ord. 867, passed 5-12-75)

§ 36.24 Employee Rights

Employees of the city shall have the right to form, join and participate in the activities of employee organizations of their own choosing pursuant to the provisions of this chapter for the purpose of representation on matters of employee relations other than those excluded herein. City employees also shall have the right to refuse to join or participate in the activities of any employee organization and shall have the right to represent themselves individually in their employment relations with the city. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of his exercise of these rights.
(Ord. 867, passed 5-12-75)

§ 36.25 City Rights

(A) Responsibility for management of the city and direction of its work force is vested in the City Manager and his department heads. In order to fulfill this responsibility the rights of the city include, but are not limited to, the exclusive right to:

(1) Determine the mission of its constituent departments, commissions and boards;

(2) Set standards of services;

(3) Determine the procedures and standards of selection for employment and promotion;

(4) Direct its employees;

(5) Take disciplinary action;

(6) Relieve its employees from duty because of lack of work or for other legitimate reasons;

(7) Maintain the efficiency of governmental operations;

(8) Determine the methods, means and personnel by which government operations are to be conducted, including the right to contract out for goods and services;

(9) Determine the content of job classifications;

(10) Take all necessary action to carry out its mission in emergencies; and

(11) Exercise complete control and discretion over its organization and the technology of performing its work.

(B) The city retains all rights, powers and privileges not expressly specified in division (A) above and not included in § 36.24.
(Ord. 867, passed 5-12-75)

§ 36.26 Restrictions

(A) Confidential and management employees, as defined and designated pursuant to § 36.03, who choose to remain or to become members of an employee organization, shall not:

(1) Serve as officers of the employee organization;

(2) Serve on any committee of the employee organization which deals with matters within the scope of consultation; or

(3) Serve as a representative of the employee organization before the City Council.

(B) Confidential and management employees shall not:

(1) Be included in any appropriate unit determined pursuant to § 36.17; or

(2) Become a member of or serve as an officer or representative of any certified employee organization.

(Ord. 867, passed 5-12-75)

§ 36.27 Grievances

All grievances shall be processed in accordance with the applicable adopted personnel rules and regulations of the city.
(Ord. 867, passed 5-12-75)

§ 36.28 Construction

(A) It is hereby declared that the subject of city employer employee relations as set forth in this chapter is a matter of local concern, that the provisions herein are adopted pursuant to the authority of the Charter of the city, and that the provisions herein are exclusive and supersede and take precedence over any state statute now or hereafter enacted relating to city employer/employee relations, employee consultation or collective bargaining for city employees.

(B) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.
(Ord. 867, passed 5-12-75)

§ 36.40 Conduct of Business

(A) Reasonable time off without loss of pay and access to employee work locations shall be granted officers of employee organizations and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation.

(B) Officers or representatives shall not enter any work location without the consent of the department head. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

(C) Solicitation of membership and activities concerned with the internal management of an employee organization such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during regular city working hours.
(Ord. 867, passed 5-12-75)

§ 36.41 Use of City Facilities

Employee organizations may use, in accordance with established rules applicable to other groups within the community, city facilities during non work hours for meeting of city employees, provided space is available. Requests for use of facilities not available to the public generally shall be in writing, state the purpose or purposes of the meeting and be approved by the City Manager. The city reserves the right to assess reasonable charges for the use of facilities.
(Ord. 867, passed 5-12-75)

§ 36.42 Use of City Bulletin Boards

Employee organizations may use portions of city bulletin boards under the following conditions:

(A) All materials must be dated and must identify the organization. In the event that posted materials, in the opinion of the department head, interfere with the proper functioning of the department, the department head shall bring the matter to the attention of the City Manager. The City Manager may, after discussing the matter with the representative of the employee organization, cause the material to be removed.

(B) The city reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allowed to employee organizations materials.

(C) An employee organization that does not abide by these rules will forfeit its right to have materials posted on city bulletin boards.
(Ord. 867, passed 5-12-75)

§ 36.43 Peaceful Performance of City Services

In order that the vital performance of city services can be maintained, no employee shall strike or recognize a picket line of a labor organization while in the performance of his official duties. The following shall apply:

(A) Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge.

(B) No employee organization, its representatives or members shall engage in a strike or work stoppage of any kind.

(C) If a certified employee organization, its representatives or members engage in a strike or work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the City Council may suspend or revoke the recognition or certification granted to employee organizations and prohibit the use of bulletin boards, prohibit the use of city facilities and prohibit access to former work or duty stations by the organization.

(D) As used in this section, STRIKE or WORK STOPPAGE means the concerted failure to report for duty, the wilful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.

(E) The city may petition the appropriate courts for an injunction or other appropriate relief if a strike, work stoppage or recognition of a picket line in violation of this section is occurring or is about to occur. The city may also hire new permanent or temporary employees or transfer other city employees to perform the services and duties of those employees engaged in a strike or work stoppage in violation of this section.
(Ord. 867, passed 5-12-75)