Agenda Item - 2024-03-05 - Number 09.1 - Resolution 24-05, Standards and Procedures to be used in Hiring a Municipal Judge 9.1
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COUNCIL REPORT
OREGO�
Subject: Resolution 24-05, Adopting the standards and procedures to be used for the
recruitment and selection of a Municipal Judge
Meeting Date: March 5, 2024 Staff Member: Megan Phelan, Assistant City Manager
Report Date: February 5, 2024 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑X Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Adopt Resolution 24-05.
Recommended Language for Motion: Move to adopt Resolution 24-05.
Project/ Issue Relates To: Hiring of a Charter Officer— Municipal Judge
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑S Not Applicable
ISSUE BEFORE COUNCIL
BACKGROUND
Municipal Judge Bruce Shepley has announced his retirement. The Public Meeting Law of the
State of Oregon allows for the City Council to consider the employment of the Municipal Judge
in Executive Session if the City has advertised for the position, adopted procedures for hiring,
and provided an opportunity for public input concerning the employment of the Municipal
Judge. ORS 192.660(7)(d)(A)-(C). After this has been completed, the City Council can then meet
in Executive Session to review and interview candidates.
Respect, Excel'erce. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
The City of Lake Oswego Charter outlines the powers and duties of officers, including the
Municipal Judge (see Attachment 1).
DISCUSSION
Resolution 24-05 (see Attachment 3) has been drafted for City Council's consideration and
outlines the standards and procedures to be used for hiring a Municipal Judge.
In summary, the hiring process begins by advertising the position to solicit applications from
qualified candidates. The advertisement for the position will be based on the essential
functions and responsibilities, and the minimum qualifications as outlined in the job description
(see Attachment 2). A list of semi-finalists will be prepared by the HR Director for the City
Council's consideration. Selected candidates will be invited in for an interview with the City
Council. Further interviews and final discussions shall occur in executive sessions and a
comprehensive and complete background check will be performed on any final candidate. Once
a final candidate has been tentatively identified, they will be appointed Municipal Judge in an
open public meeting. It is important to mention that throughout the entire process the City will
honor the commitments of confidentiality of candidates to the fullest extent possible, within
the requirements of Oregon Public Meetings Law and Public Records Law.
The standards and procedures for the Municipal Judge are provided as a draft but may change
in light of public testimony and/or through the City Council's consideration and discussion.
RECOMMENDATION
Approve Resolution 24-05
ATTACHMENTS
1. City of Lake Oswego Charter; Chapter 12: Administration; Chapter V: Powers and Duties
of Officers; Section 22. Municipal Judge, Municipal Court
2. Municipal Judge Job Description
3. Resolution 24-05
Respect, Excel'ence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
CHAPTER V. POWERS AND DUTIES OF OFFICERS
Section 22. Municipal Judge, Municipal Court.
A. The Municipal Judge shall be the judicial officer of the City.The Council may appoint one or
more Municipal Judges Pro Tern in the same manner as the Municipal Judge is appointed.
B.The Municipal Judge and Municipal Judges Pro Tern shall be members of the Oregon State Bar
and be chosen without regard to political considerations and solely with reference to legal and
administrative qualifications.
C. The Municipal Judges shall hold, at places authorized by the Council, a Municipal Court known
as the Municipal Court of the City of Lake Oswego.The Court shall be open for the transaction of
judicial business at times established by the rules and practice of the Court.
D. The Municipal Judge may exercise original jurisdiction of all crimes, offenses and infractions
defined and made punishable by ordinances of the City and may exercise original jurisdiction of
actions brought to recover or enforce forfeitures or penalties defined or authorized by
ordinances of the City.The Municipal Judge may issue process for the arrest of any person
accused of an offense against the City, commit any such person to jail or admit him or her to bail
or order his or her release on recognizance pending trial, issue search warrants, issue subpoenas
to compel witnesses to appear and testify in connection with any cause before the Court,
compel obedience to such subpoenas and other orders of the Court, issue any process necessary
to carry into effect the judgments and orders of the Court, and punish witnesses and others for
direct or indirect contempt of Court. When not governed by ordinances or this Charter, all
proceedings in the Municipal Court shall be governed by the applicable general laws of the state
governing justices of the peace and justice courts.
E.To the extent now or hereafter permitted by state law, the Council may by ordinance
designate a state court and the judges thereof to perform and exercise all or any part of the
Municipal Court's and Municipal Judge's powers,functions and jurisdiction. If the designation is
complete,the office of the Municipal Judge is abolished.The Council at any time may by
ordinance recall any powers,functions and jurisdiction designated and such action shall
reestablish the office of municipal Judge.
ATTACHMENT 2
City of Lake Oswego, Oregon
Clit) Job Description
OREG
MUNICIPAL JUDGE
FLSA Status: Exempt Salary Grade: 911
Union Representation: Non-represented Job Code: 8888
Class Summary
Performs judicial activities and oversees the judicial functions of the Municipal Court, ensuring
conformance with legal and departmental requirements. The incumbent is appointed and serves at the
pleasure of the City Council.
Essential Duties and Responsibilities
The list of duties is a representative sample of the work appropriate to this class and does not include all the duties
that may be assigned to a particular position. The incumbent may perform a combination of some or all of the
following duties:
1. Presides over trials and renders judgments for misdemeanor cases,violations of city ordinances,
traffic violations, and any other cases within the jurisdiction of the Municipal Court.
2. Presides over pretrial disposition conferences, arraignments, motion hearings, traffic hearings,jury
and non-jury trials and various other court settings.
3. Conducts restitution, aggravation/mitigation hearings.
4. Adjudication of non-jury trial violations based upon evidence and, if need be, imposes sentencing in
accordance with the Oregon Revised Statutes.
S. Authorizes issuance of search, bench and arrest warrants.
6. Issues subpoenas to compel witnesses to appear and testify in Court, compel obedience to such
subpoenas and orders of the Court, and punish witnesses and others for direct or indirect contempt
of Court.
7. Arraigns inmates, sets security, reviews fines, and performs judicial functions at arraignments and
bail release hearings.
8. Evaluates cases with defendants and their attorneys, and the prosecutor, and conducts settlement
conferences.
9. Work closely with Municipal Court staff, and other City Departments to ensure efficiency.
10. Makes recommendations to the City Council regarding code updates as it relates to Municipal Court.
11. May perform oath of office or swearing in duties.
12. Performs other duties of a similar nature or level.
Minimum Qualifications
Knowledge of:
• Considerable knowledge of all areas of criminal law and procedure, including but not limited to local
ordinances, State laws, and Constitutional law specifically relating to traffic regulations, liquor
violations and misdemeanors.
• Court processes and procedures.
• Personal computers and related software applications.
Skills and Abilities to:
• Analyzing and appraising case facts, rules of evidence and procedure and making decisions promptly
and in accordance with law, Court procedures and Court policies.
• Maintaining judicial impartiality and judicial temperament in all cases.
• Provide good customer service.
• Comply with safety requirements of the position and actively promote safe work practices.
• Communicate effectively with coworkers, management, elected officials and the general public, and
display excellent interpersonal skills and awareness of controversial and/or sensitive issues.
Education,Training and Experience:
Must be an active member in good standing with the Oregon State Bar and have a minimum of five
years in the practice of criminal law.
Licensing and Other Requirements:
Some positions in this classification may be required to possess a valid driver's license and ability to
meet the City's driving standards.
Physical and Mental Demands
Frequent repetitive motions including, but are not limited to, hand, wrist and finger movements; daily
walking, reaching, standing,talking, hearing and seeing. Sedentary Work: Exerting up to 10 pounds of
force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or
otherwise move objects, including the human body. Sedentary work involves sitting most of the time.
Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria
are met.
Persons with disabilities may be able to perform the essential duties of this class with reasonable
accommodation. Reasonable accommodation will be evaluated on an individual basis and depend, in
part, on the specific requirements for the job, the limitations related to disability and the ability of the
hiring department to accommodate the limitation.
Department Director Date
Human Resources Director Date
Employee Date
This job description does not constitute an employment agreement between the employer and employee and is
subject to change by the employer as the needs of the employer and requirements of the job change.
ATTACHMENT 3
RESOLUTION 24-05
A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ADOPTING THE STANDARDS AND PROCEDURES
TO BE USED IN HIRING A MUNICPAL JUDGE.
WHEREAS, on March 5, 2024,the Lake Oswego City Council held a public hearing to provide the public
an opportunity to comment on the employment of a Municipal Judge, and also to comment on the
standards to be used for the hiring of a Municipal Judge; and
WHEREAS, City staff will work to develop a job announcement that will be used to advertise and recruit
candidates for the position of Municipal Judge;
IT IS HEREBY RESOLVED by the Lake Oswego City Council that the following procedures and standards
shall apply to the City's search for a new Municipal Judge:
Advertisement
The City's Human Resources Department shall advertise for candidates for the Municipal Judge
position through their website, professional associations and personal solicitations.The City is
an Equal Opportunity Employer. All qualified persons will be considered for employment
without regard to race, color, religion, sex, national origin, age, marital status,familial status,
gender identity and expression, sexual orientation, disability, and any other consideration made
unlawful under any federal, state or local law.
Procedure
In addition to the City's regular hiring procedures,the City shall use the following procedure in
recruiting and hiring a Municipal Judge:
A. A job announcement shall be created that presents a profile of the City, states
the desired attributes for a Municipal Judge, and invites interest in the position.
B. The Human Resources Department shall advertise and solicit candidates for the
position.This will include advertising with professional associations, internet job
postings, and direct contacts with potential candidates who meet the criteria for
the position.
C. The Human Resources Director shall review all applications and develop a
recommended list of semi-finalists for the position. In executive session,the City
Council will be provided with the entire list of applicant names and upon
request,their application materials.
D. In executive session the City Council shall consult with the Human Resources
Director as to the selection of candidates to be invited for interviews with the
City Council. The selected candidates shall be interviewed by the Council. In
addition, candidates may be invited to interview with members of City staff
and/or members of the community.
E. The Human Resources Director shall hire an investigator to complete a
background investigation on the final candidate(s)to ensure the accuracy of
application information and fitness for service. Such background investigations
and information shall be conducted in confidence.The material shall be kept
confidential to the extent allowed by law.
F. The City Council may invite certain candidates for subsequent or final
interview(s)with the City Council.
G. City Council interviews with candidates shall occur in executive sessions.
H. The City Council, in an open public session, shall select the candidate to be
appointed Municipal Judge.
I. Nothing in this procedure shall obligate the City Council to offer the position of
Municipal Judge to any particular candidate, or to select any candidate or other
person.
J. Nothing in this procedure shall prevent the City Council from soliciting input,
comments or other information from any person, group or the public
concerning the candidates.
K. The City will honor commitments of confidentiality to Municipal Judge
candidates to the fullest extent possible, within the requirements of Oregon
Public Meetings Law and Public Records Lay. Nothing in this procedure shall
create any liability of the City of Lake Oswego, its City Council, officers, agents or
employees for any breach of confidentiality.
Standards
The new Municipal Judge will have the ability to quickly understand the values of Lake
Oswego and be comfortable working in a community accustomed to high quality
municipal services and a tradition of community involvement.The Municipal Judge will
be someone who:
A. Has a reputation for being principled with unquestioned integrity.
B. Will have considerable knowledge of all areas of criminal law and procedures,
including but not limited to local ordinances, State laws, and Constitutional law
specifically relating to traffic regulations, liquor violations and misdemeanors.
C. Is a member in good standing of the Oregon State Bar or the Bar of another
jurisdiction with the ability to obtain Oregon State Bar membership prior to the
position start date
D. Has practiced in criminal law for a minimum of five years.
E. Maintains impartiality and judicial temperament in all cases.
This Resolution shall be effective upon passage.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney