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CHAPTER 5 Powers and Duties of Officers

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The mayor shall:

(1) Sign all approved records of proceedings of the council,

(2) Have no veto power,

(3) Sign all ordinances within three days after their passage by the council,

(4) Sign such other documents as the council may designate,

(5) Unless otherwise provided by this charter, ordinances of the city or other law or statute, make all appointments following council established polices.

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(1) The city administrator is the administrative head of the city government.

(2) A majority of the council shall appoint and may remove the administrator at its pleasure.

(3) The administrator need not reside in the city or the state when appointed.

(4) The administrator shall:

(a) Attend all council meetings unless excused by the council or mayor;

(b) Keep the council advised of the affairs and needs of the city;

(c) See that the provisions of all ordinances are administered to the satisfaction of the council;

(d) See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled;

(e) Employ, discipline and remove city employees;

(f) Supervise and control city employees in their service to the city;

(g) Name a city employee to the position of city recorder to:

1. Be the city elections officer,

2. Be responsible for the recording and maintaining of city records, including the minutes of council meetings,

3. Perform other duties as assigned;

(h) Organize and reorganize the departmental structure of the city government;

(i) Prepare and transmit to the council an annual city budget;

(j) Supervise city contracts;

(k) Supervise operation of all city-owned public utilities and property; and

(l) Perform other such duties as the council prescribes consistent with this charter.

(5) The administrator may not control:

(a) The council;

(b) The municipal judge in the judge’s judicial functions; or

(c) Council appointed officers except as the council authorizes.

(6) The administrator and other personnel whom the council designates may sit with the council and may take part in council discussions but may not vote on questions before it.

(7) The administrator may attend all committee meetings.

(8) When the administrator is absent from the city or disabled from acting as administrator, or when the office of administrator becomes vacant, the council shall appoint an administrator pro tem who has the powers and duties of administrator, except that the administrator pro tem may employ or remove city employees only with approval of the council.

(9) Except in council meetings, no council member may directly or indirectly, by suggestion or otherwise, attempt to coerce the administrator or a candidate for the office of administrator in the employment, discipline or removal of city employees or in decisions regarding city property or contracts. A violator of this prohibition may be removed from office by a court of competent jurisdiction. In council meetings, members of the council may discuss with, or suggest to, the administrator anything pertinent to city affairs.

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(1) If the council creates the office of municipal judge and fills it by appointment, the appointee shall hold, within the city at a place and times that the council specifies, a court known as the Municipal Court for the City of North Bend, Coos County, Oregon.

(2) Except as this charter or city ordinance prescribes to the contrary, proceedings of the court shall conform to general laws of the State of Oregon governing justices of the peace and justice courts.

(3) All areas within the city and, to the extent provided by state law, area outside the city is within the territorial jurisdiction of the court.

(4) The municipal court has original jurisdiction over every offense that an ordinance of the city makes punishable. The court may enforce forfeitures and other penalties that such ordinances prescribe.

(5) The municipal judge may:

(a) Render judgments and, for enforcing them, impose sanctions on persons and property within the court’s territorial jurisdiction;

(b) Order the arrest of anyone accused of an offense against the city;

(c) Commit to jail or admit to bail anyone accused of such an offense;

(d) Issue and compel obedience to subpoenas;

(e) Compel witnesses to appear and testify and jurors to serve in the trial of matters before the court;

(f) Penalize contempt of court;

(g) Issue process necessary to effectuate judgments and orders of the court;

(h) Issue search warrants; and

(i) Perform other judicial quasi-judicial functions prescribed by ordinance.

(6) The council may authorize the municipal judge to appoint municipal judges pro tem for terms of office set by the judge or the council.

(7) Notwithstanding this section, the council may transfer some or all of the functions of the municipal court to an appropriate state court.