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HomeMy WebLinkAboutOrdinance 1388ORDINANCE NO, 1388 AN ORDINANCE SCHEDULING A SPECIAL ELECTION ON THE RECALL OF COUNCIL MEMBERS RICHARD HALLEY AND LLOYD MANN, BASED UPON SUBSTANTIAL IRREGULARITIES HAVING OCCURRED IN THE PRIOR ELECTION RELATING THERETO. WHEREAS, Petitions seeking the recall of council members Jim Corliss, Richard Halley, Lloyd Mann and Candy Rayburn were filed with the County Clerk of Jackson County, Oregon, and pursuant thereto an election was held on the 7th day of May, 1980, and WHEREAS, said election as to council members Jim Corliss and Candy Rayburn was duly and regularly held in all respects and the results thereof have been certified by the County Clerk and canvassed by the City Council, but that said election as to council members Richard Halley and Lloyd Mann was improperly administered and substantial irregularities occurred therein which include electors having been assigned to incorrect precincts, electors having been prevented from voting on the issue of the recall of council member Halley, and ballot numbers having not been entered in the poll book in Precincts 71 and 72 thereby preventing a determination of the validity of the election results therein, and WHEREAS, Article 4, Section 14 of the Charter of the City of Central Point provides that special elections may be called by the City Council at any time by ordinance, and that such ordinance shall provide the time, place and manner of holding such elections, and ORDINANCE NO. Page One WHEREAS, ORS 246.200 provides that the County Clerk shall be the only election officer to conduct any election in the State of Oregon, now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. It is hereby ordered that there be a special election on the 24th day of June , 1980, in the City of Central Point, Oregon, to determine whether the legal voters of Ward 2 of the City of Central Point will recall council member Lloyd Mann, and to determine whether the legal voters of Ward 3 of the City of Central Point will recall council member Richard Halley. Section 2. The ballot title for said Ward 2 recall election is adopted as hereinafter set forth, and the following are the sponsor's and officer's statements, the number, ballot title and form in which the foregoing measures will appear upon the ballot: SPECIAL RECALL ELECTION CITY OF CENTRAL POINT, OREGON At an election to be held on the 24th day of dune , 1980 Mark a cross (x) or a check mark ( ) in the voting square after the word "YES" or after the word "NO" indicating your choice. LLOYD MANN SPONSOR'S STATEMENT: Central Point Citizens for Fair Government James Wegs, Treasurer 830 N. 10th Central Point, Oregon 97502 ORDINANCE NO. 1388 Page Two Reasons for recall: (a) As a duly elected member of the City Council of Central Point, Oregon, Lloyd Mann fostered and encouraged civic unrest and public disharmony by unlawfully depriving or undertaking to deprive two duly elected public officials of Central Point, Oregon, i.e., the City Recorder and City Treasurer, respectively of their duties by passage of Central Point Ordinance No. 1369 which places or tries to place important duties previously performed by said duly elected officials in a so- called Finance Director. (b) By obligating the taxpayers of Central Point to the responsibility of paying directly or indirectly for the construction of a City Hall when the voters of Central Point, Oregon had rejected a proposal for such construction as recently as November 7, 1978. (c) The granting of a three year maintenance contract in violation of a one year bid specification and the City Charter. LLOYD MANN'S STATEMENT (a) Ordinance No. 1369 was passed to correct the poor handling of the City funds and costing the taxpayers thousands of dollars each year. The City books did not balance and this did not meet State requirements. City Charter Article 6, Section 2 states the Town Council, shall by ordinance, prescribe the duties of appointed and elected officers of the City of Central Point. (b) A survey of the people of Central Point showed they were in favor of a new City Hall, but were not in favor of additional tax burden. The City Hall being built is a scaled down model from the first proposal and with funds on hand without selling bonds and causing additional tax burden. (c) There is nothing in the Charter setting the length of a contract. Everything I have ever done while a councilman I have done for the people of Central Point - to try to make life better for them and save them money. 51. SHALL CENTRAL POINT CITY COUNCILMAN LLOYD MANN BE RECALLED? YES NO /-7 ORDINANCE NO. 13BB Page Three Section 3. The ballot title for said Ward 3 recall election is adopted as hereinafter set forth, and the following are the sponsor's and officer's statements, the numher, ballot title and form in which the foregoing measures will appear upon the ballot: SPECIAL RECALL ELECTION CITY OF CENTRAL POINT, OREGON At an election to be held on the 24thday of dune Mark a cross (x) or a check mark ( ) in the voting square after the word "YES" or after the word "NO" indicating your choice. z x t f RICHARD HALLEY SPONSOR'S STATEMENT: Central Point Citizens for Fair Government James Wegs, Treasurer 830 N. 10th Central Point, Oregon 97502 Reasons for recall: (a) As a duly elected member of the City Council of Central Point, Oregon, Richard Halley fostered and encouraged civic unrest and public disharmony by unlawfully depriving or undertaking to deprive two duly elected public officials of Central Point, Oregon, i.e., the City Recorder and the City Treasurer, respectively of their duties by passage of Central Point Ordinance No. 1369 which places or tries to place important duties previously performed by said duly elected officials in a so- called Finance Director. (b) By obligating the taxpayers of Central Point to the responsibility of paying directly or indirectly for the construction of a City Hall when the voters of Central Point, Oregon had rejected a proposal for such construction ORDINANCE NO. 1388 Page Four as recently as November 7, 1978 (c) The granting of a three year maintenance contract in violation of a one year bid specification and the City Charter. RICHARD HALLEY'S STATEMENT: (a) Reasons for approving Ordinance No. 1369. My decision on this issue was based on several years of adverse audit reports and comments from our State officials concerning this issue. Some duties and responsibilities of the Treasurer and Recorder are now the responsibility of the Finance Director, but at the same time more important duties and responsibilities were assigned to the Treasurer and Recorder. (b) The City Hall project was started under the McBee administration. I was in favor of it then and as long as it can he done without burdening the taxpayer with additional tax bonds outside of the City's budget I will still be in favor of it. (c) Maintenance contract. I feel that we followed the Charter and the State laws concerning this issue under the advisement of our City Attorney's interpretation of these laws and guidelines. My decisions were never based on personal animosities, but on the facts presented to me. I ask you at this time to retain me as your representative for Ward 3. I will continue to do my job in an honest and unbiased manner. Thank you for your support." 52. SHALL CENTRAL POINT CITY COUNCILMAN RICHARD HALLEY BE RECALLED? YES /-7 NO / / Section 4. The special election hereby called for the purpose of submitting the question of recall of said council members shall be held on the 24th day of 3une , 1980, and shall begin at the hour of 8:00 o'clock a.m, on said day ORDINANCE NO. 1388 Page Five and continue until the hour of 8:00 o'clock p.m. on said day. The voting places for said election shall be as follows: Crater High School Gymnasium, 4410 Rogue Valley Blvd., Central Paint, Oregon and Central Paint Elementary School, 450 S. 4th St., Central Point, Oregon. The officers for said election shall be designated by the Jackson County Clerk pursuant to law. Section 5. The City Recorder is hereby ordered and directed to give notice of said special election by posting the notice of special election, in the form set forth below, in a conspicuous place in the City Hall, Central Point, Oregon, in each polling place designated in this ordinance, and four public places in the City, all at least ten (10) days prior to the date of said election, and by publishing said notice once, at least ten (10) days prior to the date of said election, in the Medford Mail Tribune, a newspaper of general circulation within the City of Central Point, Oregon. The form of the notice of special election shall be as follows: NOTICE OF SPECIAL ELECTION On the 24th day of June , 1980, in the City of Central Point, Oregon, from 8:00 o'clock a.m. until 8:00 o'clock p.m., a special election will be held to determine whether the voters of Ward 2 of the City of Central Point will recall council member Lloyd Mann and whether the voters ORDINANCE NO. 1388 Page Six of Ward 3 of the City of Central Point will recall council member Richard Halley. The polling places for said election will be as follows: Crater High School Gym.. and C.P. Elementary School, Central Point. Witness my hand and the seal of the City of Central Point, Oregon, this 13th day of _May 1980. Recorde i No further or other notice of said special election hereinabove described shall be required. Section 6. The legal voters of the City of Central Point residing in the above described Ward shall he entitled to vote on the question of recall of the council members from said Wards, and not otherwise. Section 7. This ordinance being necessary for immediate preservation of the public peace, health and safety of the City of Central Point, Oregon, based upon the immediate need for a determination of the pending recall issue and the importance of the need for all council positions to be filled for the purpose of transacting the City's business, second reading is waived pursuant to Municipal Code Section 2.04.020, and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately. Passed by the Council and signed by me in authentication of its passage this 12th day of May 1980. mayor 6" ORDINANCE NO. 1388 Page Seven ATTEST: / ity order Approved by me this /.mil day of 1980. yor DRDINANCE N0.1358 Page Eight