Fact:
IS A CHANGE TO THE CHARTER NEEDED?
Myth:
A Charter amendment is the ONLY way to limit the City Manager from hiring a staff attorney.
Not true! The City Council already has the authority to, through its passing of resolutions or the budget, direct the City Manager to not hire a staff attorney.
Proponents of the measure have stated that they are convinced that a Charter amendment is the only way to create such a limitation:
“our City Charter does not prohibit the City Manager from hiring another separate attorney. The only way we can prevent this costly 'hybrid' model... is to Vote YES on Measure 3-552.”
- City Councilor Teri Cummings
However, this conflicts with advice that the Council received from their attorneys in April:
“The Charter also does not require the Council to authorize an in-house assistant city attorney position or continue the existing position. The decision to authorize and fund such a position is within the discretion of the Council” (emphasis added)
- Memo from Jeff Condit, MillerNash
Despite receiving this memo in April, proponents of the measure have continued to stress that the Charter amendment is the "only way" to prevent the hiring of a staff attorney... And proponents have even indicated that they are basing those assertions on this memo (despite it saying the opposite)!
The discrepancy was also described in a recent Tidings article:
“Currently, the West Linn City Council, per its charter, has total authority to appoint the city attorney. And per its authority to authorize the city budget, the council has total control over the budget allowed for legal services. Read that last sentence carefully: If no money exists in the budget for additional legal services, it is impossible for the city manager to "create" a new legal staff position.”
West Linn Tidings, October 17
