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Agenda Item - 2020-05-05 - Number 4.1 - Ordinance 2848 Amending Election-Related Code Governing Declarations of Candidacy 4.1 Dj'p` 4� COUNCIL REPORT OREGO� Subject: Ordinance 2484, an Ordinance of the Lake Oswego City Council amending Article 11.02 of the Lake Oswego Code to allow, for the November 3, 2020 election, declarations of candidacy instead of nominating petitions for City Council positions Meeting Date: May 5, 2020 Staff Member: David Powell, City Attorney Action Required Advisory Board/Commission Recommendation Z Motion ❑ Approval ❑ Public Hearing ❑ Denial Z Ordinance ❑ None Forwarded ❑ Resolution Z Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Enact Ordinance 2484, allowing, for the November 3, 2020 election, declarations of candidacy instead of nominating petitions for City Council positions Recommended Language for Motion: Move to enact Ordinance 2484 Project/ Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ®Not Applicable ISSUE BEFORE COUNCIL To support social distancing practices that help reduce the rate of transmission of the COVID-19 pandemic, the City Council is invited to consider Ordinance 2484, allowing candidates for City Council positions to qualify for the November 3, 2020 election ballot by filing a declaration of candidacy in lieu of collecting 20 signatures on a nominating petition. BACKGROUND/DISCUSSION Article 11.02 of the Lake Oswego Code currently requires candidates for city elective offices to file a nominating petition signed by at least 20 electors in order to qualify for the ballot. This is common among Portland-area cities. However, some cities also allow a simple declaration of 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 candidacy, on forms prescribed by the Secretary of State, as an alternative to a nominating petition. It has been suggested that it would facilitate current COVID-19 social distancing practices if Lake Oswego allowed declarations of candidacy in lieu of nominating petitions for the November 3, 2020 ballot. Attached Ordinance 2484 amends Article 11.02 of the Lake Oswego Code to allow declarations of candidacy as an alternative to nominating petitions for the November 3 election. It also specifies that current provisions of that Article pertaining to time for filing, returns for insufficiency, duties of the City Recorder and withdrawals of candidacy apply to both petitions and declarations. The ordinance also includes a requirement that a City Councilor who files a declaration of candidacy for Mayor during the first two years of his or her term must also file an irrevocable resignation from the office of Councilor effective no later than January 1, 2021—the same as currently required for Councilors filing nominating petitions for Mayor. Unlike some other cities, the proposed ordinance does not impose a filing fee for the declaration. The ordinance includes a "sunset" provision, repealing the Code changes effective January 1, 2021. RECOMMENDATION Enact Ordinance 2484, temporarily allowing declarations of candidacy in lieu of nominating petitions for city elective offices on the November 3, 2020 ballot. ATTACHMENT Ordinance 2484 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 ORDINANCE 2848 AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING ARTICLE 11.02 OF THE LAKE OSWEGO CODE TO ALLOW, FOR THE NOVEMBER 3, 2020 ELECTION, DECLARATIONS OF CANDIDACY INSTEAD OF NOMINATING PETITIONS FOR CITY COUNCIL POSITIONS WHEREAS,the World Health Organization has declared the spread of the Novel Coronavirus COVID-19 to be a pandemic, and a state of emergency based upon the pandemic has been declared by the State of Oregon and Clackamas County;and WHEREAS, the City Manager has declared, and the City Council has ratified and extended, a state of emergency due to the risk to the residents of Lake Oswego caused by the pandemic; and WHEREAS,the Governor of Oregon issued an executive order requiring Oregonians to stay at home, closing specified retail businesses, requiring social distancing measures for other public and private facilities and imposing requirements for outdoor areas and licensed childcare facilities; and WHEREAS,the City Council finds that it is in the public interest to facilitate the social distancing necessary to slow the spread of the coronavirus by temporarily allowing declarations of candidacy for City Council positions for the November 3, 2020 election as an alternative to collecting signatures on nominating petitions; The City of Lake Oswego ordains as follows: Section 1. Article 11.02 of the Lake Oswego Code is amended by adding Section 11.02.180 as follows: 11.02.180 Declarations of Candidacy Allowed for November 3, 2020 Election. 1. Notwithstanding any provisions in this Article 11.02 to the contrary, qualified electors may become candidates for Mayor or City Councilor on the November 3, 2020 election ballot by filing a declaration of candidacy in the form prescribed by the Secretary of State,which shall also be available at the office of the City Recorder, in lieu of filing a nominating petition. 2. The provisions of this Article 11.02 relating to time for filing, returns for insufficiency,the duties of the City Recorder, and withdrawals of candidacy shall apply to declarations of candidacy under this Section as well as to nominating petitions. 3. A candidate who has filed a declaration of candidacy under this Section may not file a declaration for a different city elective office unless the initial declaration is first withdrawn. 4. Any person holding the office of City Councilor who files a declaration of candidacy under this Section for the office of Mayor during the first two years of his or her term must simultaneously file an irrevocable resignation from the office of Councilor effective no later than January 1, 2021. Declarations of candidacy not accompanied by the required resignation shall be rejected. The form of the resignation shall be as follows: Ordinance 2848 Page 1 of 2 To the City Recorder of the City of Lake Oswego: I, , residing at in the City of Lake Oswego, Oregon, have filed a declaration of candidacy for the office of Mayor. I hereby irrevocably resign from the position of Councilor effective (effective date no later than January 1, 2021). Date: Signature: Section 2. Effective Date. As provided under Section 35.C.of the Lake Oswego Charter,this ordinance shall take effect on the 30th day following enactment. Section 3. Sunset Provision. The provisions of this ordinance shall be null, void and of no further force and effect, and the Code amendment adopted under this ordinance shall be repealed, on and after January 1, 2021. Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 5th day of May 2020. AYES: NOES: ABSTAIN: EXCUSED: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell,City Attorney Ordinance 2848 Page 2 of 2