The Council shall appoint the City Attorney. The Mayor shall appoint members of boards and commissions subject to Council confirmation. Heads of other offices and bureaus shall be appointed by the Commissioner In Charge of the department to which such office or bureau is assigned. [May 3, 1913, new sec. 102; rev. 1914, sec. 80; 1928 pub., sec. 80; 1942 recod., sec. 2-501; rev. Nov. 6, 1962; am. May 20, 1980.]

All officers appointed by the Council shall serve during the pleasure of the Council. Any may be removed for cause at any time by a majority vote of the Council. A statement of reasons for the removal shall be included in the order, and the officer removed shall have the right to make a counter statement in writing which shall be filed and preserved with the order of removal. The order of removal shall not be reviewable. Vacancies in any of such offices shall be filled by the Council. The Council may by ordinance impose any duties upon any officer not inconsistent with the general character of such office, and may divide or consolidate any of said offices. It shall also fix and may change from time to time the salaries of every officer. The officers appointed by the Council shall at the time of their appointment be citizens of the United States.

 

The City Attorney shall be a member in good standing of the Bar of the State of Oregon. The City Attorney may have one or more deputies who are members of the Bar of the State of Oregon to be appointed by the City Attorney in writing and to continue during the City Attorney's pleasure. The number and compensation of such deputies shall be fixed by the Council and they shall be deemed removed on the removal or resignation of the City Attorney. The Chief of Police shall have had at least ten years active police experience. [May 3, 1913, new sec. 103; rev. 1914, sec. 81; 1928 pub., sec. 81; 1942 recod., sec. 2-502; rev. Nov. 6, 1962.]

The Council shall have the power by ordinance to create and abolish all such subordinate offices, places and employments in the service of the City as it may deem necessary for efficient and economical administration. The Mayor and each Commissioner shall appoint and may suspend or remove the incumbents of all subordinate offices and employments in his or her department, subject to other provisions of this Charter. The Auditor shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within his or her office, or under his or her supervision. The chief executive officer of any board, or commission, when authorized to do so by the board or commission, or the board or commission itself shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within his or her offices, or under his or her supervision. All such appointments, suspensions and removals shall be subject to the civil service rules of this Charter except as to incumbents of positions expressly exempted therefrom. [May 3, 1913, new sec. 104; rev. 1914, sec. 82; 1928 pub., sec. 82; 1942 recod., sec. 2-503; rev. Nov. 6, 1962; am. May 18, 1994.]

The Council may from time to time appoint consulting employees to perform technical or scientific services whose employment shall continue only so long as the particular occasion shall continue and who shall not be subject to the civil service rules of this Charter and of whom the qualifications elsewhere prescribed in this Charter shall not be required. [May 3, 1913, new sec. 105; rev. 1914, sec. 83; 1928 pub., sec. 83; 1942 recod., sec. 2-504; rev. Nov. 6, 1962.]

No person shall at any time hold more than one office yielding pecuniary compensation under this Charter or under the Mayor, Council or any departments of the City, unless such offices are part-time or the hours of work of one of such offices do not conflict with the hours of the other office and such employment in different offices is expressly authorized by ordinance. [Ch. 1903, sec. 128; rev. 1914, sec. 85; 1928 pub., sec. 85; 1942 recod., sec. 2-505; am. Nov. 2, 1954; rev. Nov. 6, 1962.]

Any officer, agent or employee of the City who executes a contract with the City other than an employment contract, any grant, privilege or franchise from the City, who seeks to acquire any City property or interest therein, who seeks to transfer any property or interest therein to the City by sale, rental, lease or legal process of any kind for compensation from City funds, or who has a direct pecuniary interest in such contract, grant, privilege, franchise, or transfer sought by another, shall be disqualified from participating on behalf of the City in any negotiations and or proceedings relating thereto, and all such negotiations and proceedings shall be carried on by the person who would have acted in such officer's, agent's or employee's stead in his or her absence. Subject to statutory restrictions and limitations, such contracts, grants, privileges, franchises and transfers made in accordance with the foregoing provisions of this Section shall not be void by reason of such City position, but shall be voidable by the City for cause. If any officer, agent or employee of the City shall fail to disqualify himself or herself as aforesaid, the contract, grant, privilege, franchise or transfer shall be wholly void and unenforceable in the hands of any person other than a bona fide purchaser for value without notice, and the position of such officer, agent or employee shall immediately be forfeited and such position shall be vacant.

 

For the purpose of this Section, direct pecuniary interest in a contract, grant, privilege, franchise or transfer shall mean any interest in a partnership, any co-tenancy, a controlling or policy-determining ownership in or managerial control of an association, firm or corporation or its local office or agency, acting as a promoter of an association, firm or corporation, or any commission or brokerage arrangement with or receiving from the City such contract, grant, privilege, franchise or transfer.

 

Unless permitted by statute and notwithstanding the foregoing provisions of this Section, no Council member shall enter into any contract with the City, seek any grant, privilege or franchise from the City, acquire any City property or interest therein, or sell or transfer to the City without legal process any property or interest therein for compensation from City funds, or have any direct pecuniary interest in any such matters. No Council member shall have any direct ownership interest in any public utility subject to City regulation; however, this prohibition shall not apply to ownership in another association, firm or corporation which maintains varied investments, provided such other association, firm or corporation does not own a controlling interest in such public utility. If any Council member shall voluntarily acquire any direct pecuniary interest in any of such matters with the City while in office, such office shall at once become vacant. If the Council member shall become so interested otherwise than voluntarily, he or she shall within ninety (90) days divest himself or herself of such interest and upon failure to do so, his or her office shall become vacant upon the expiration of the said period of ninety (90) days. Any contract, grant, privilege, franchise or transfer made in violation of this paragraph shall be wholly void, and the City may recover property transferred by it or compensation paid by it and may retain any benefits received by it without right of recovery from it by quantum meruit action or otherwise. [Ch. 1903, sec. 135; rev. 1914, sec. 91; 1928 pub., sec. 91; 1942 recod., sec. 2-506; rev. Nov. 6, 1962.]

All appointments of officers, deputies and clerks, to be made under any provision of this Charter, must be made in writing and authenticated by the person or persons, board or officer, making the same. Any such writing must be filed with the Secretary of the Civil Service Board. [Ch. 1903, sec. 138; rev. 1914, sec. 93; 1928 pub., sec. 93; 1942 recod., sec. 2-507; rev. Nov. 6, 1962; am. May 20, 1986.]

The salaries provided in this Charter shall be in full compensation for all services rendered to the City, and excepting such salaries, or except as specifically authorized by the Council, every officer shall pay all moneys coming into his or her hands as such officer, no matter from what source derived or received into the treasury of the City within twenty-four (24) hours after receipt of the same. In the event an officer or employee collects damages from a third person for time lost from such officer's or employee's City service, such officer or employee shall pay to the City Treasurer the money so collected or the total amount paid to such officer or employee by the City or City pension and disability Fund for such time lost, whichever is the lesser. [Ch. 1903, sec. 139; rev. 1914, sec. 94; 1928 pub., sec. 94; 1942 recod., sec. 2-508; rev. Nov. 6, 1962.]

Any officer of the City or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material or supplies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or who shall willfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount of different kinds of material or supplies than has been actually received, shall be deemed guilty of malfeasance and shall be removed from office, and may be required to reimburse the City for its damages. [Ch. 1903, sec. 140; rev. 1914, sec. 95; 1928 pub., sec. 95; 1942 recod., sec. 2-509; rev. Nov. 6, 1962.]

All officers and employees receiving pay from this City for full time work shall devote their time during business or duty hours to the interest of the City, except when excused as in this Charter provided. [Ch. 1903, sec. 142; am. May 3, 1913, sec. 94; rev. 1914, sec. 96; 1928 pub., sec. 96; 1942 recod., sec. 2-510; rev. Nov. 6, 1962.]

All elected officials receiving salary or wages from the City shall qualify as elsewhere in this Charter provided, and shall be residents of the City at the time of their election and continuously thereafter while they hold office. The Council may require by ordinance that appointed officers and employees who begin City employment after the effective date of the ordinance be or become City residents. Violation of a residence requirement enacted pursuant to this Section shall be cause for demotion, suspension, or termination of an officer or employee, if so provided by Council. The Council may provide by ordinance that applicants for appointment or promotion in the classified service of the City be given preference for appointment or promotion if they are residents of the City at the time of application. [New sec. Nov. 2, 1954; am. May 20, 1960; am. Nov. 2, 1982; am. March 29, 1983; am. May 17, 1988.]