Judge Rules that Baker City Council Cannot Fill Vacancies Without Quorum
By Joe Hathaway on Wednesday, September 27th, 2023 in More Top Stories Northeastern Oregon News
BAKER CITY – Baker County Circuit Court Judge Matt Shirtcliff issued his written decision in the case on whether the city council can meet to appoint four vacancies, below is from his decision:
It is hereby adjudged and declared that judgment should be entered as follows:
1. On Plaintiffs’ First Claim for relief, declaratory judgment is entered in favor of Plaintiffs against Defendants. The court hereby declares that the Baker City Charter requires the city councilors to convene a quorum of at least four members in order to appoint replacement city councilors. As presently constituted with only three members, the council has an insufficient number of members to convene a quorum and therefore cannot do the business of filling vacancies. Doing so would be a violation of the charter and would result in an unlawful appointment.
Read the full written decision here:
The case stems from a lawsuit filed by three Baker City residents, Jeffrey C. Blake, Joshua A. Connor and Kathrine L. Burnett, naming as defendants the city council and Mayor Beverly Calder.
Calder, Jason Spriet and Ray Duman are the three remaining councilors after Johnny Waggoner Sr. and Nathan Hodgdon resigned on September 6th. Two other councilors, Boston Colton and Dean Guyer, resigned in August.
Hodgdon said he resigned to force the council, lacking a quorum, which under city charter says four members to constitute one, to schedule a special election in which city voters would fill the vacancies.
This story will be updated
