Chaos Engulfs Baker City Council as Meeting Canceled, Calls for Special Election Grow
By Joe Hathaway on Tuesday, September 12th, 2023 in More Top Stories Northeastern Oregon News
BAKER CITY – Turmoil continues to escalate at Baker City Hall.
Mayor Beverly Calder confirmed that the City Council meeting, slated for Tuesday, September 12 has been canceled, citing the controversy over whether the city council, which is now down to three members, can legally fill the four vacant seats.
Currently, the council needs four members to constitute a quorum, per the city charter. With just three city councilors, no business can be conducted. The council is allowed to meet without a quorum, but councilors cannot take any action or vote.
Calder says that the council is still able to appoint councilors to fill vacancies, even without a quorum. Section 15, unlike other sections regarding council attendance, doesn’t mention a quorum.
The mayor cites Section 15 of the city charter, which states: “A vacancy in the council shall be filled by a majority of the council.”
She says that Section 15, unlike other sections regarding council attendance, doesn’t mention a quorum, therefore the council can proceed to fill the vacant seats.
Former councilor Nathan Hodgdon sent an email to city officials on Sept. 9, stating that a group of citizens will seek a temporary restraining order in Baker County Circuit Court preventing the remaining three councilors from filling vacancies if councilors don’t agree to instead schedule a special election allowing voters to choose four new councilors.
Hodgdon, who along with Johnny Waggoner Sr., resigned on September 6, references ORS 221.160, a state law that specifies the solution for such situations as conducting a special election to fill the vacant positions.
That law states: “Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute a quorum for the transaction of the business thereof, and the charter of such city does not otherwise provide, the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may call a special election for the purpose of electing a sufficient number of persons to fill all the vacancies then existing in the governing body.”
Calder referenced a section of the same law that states: “If all positions in the governing body becomes vacant and if the charter of the city does not provide otherwise, the governing body of the county in which the city maintains its seat of government immediately shall appoint the number of persons sufficient to constitute a quorum for the transaction of business.”
Calder says that because the city charter specifies the process for filling vacancies in Section 15, that the law does not apply to Baker City.
Interim City Manager Jon France tells Elkhorn Media Group:
“I am currently seeking legal advice and a written opinion especially regarding our charter. I hope that will resolve our path forward. We are very aware of what ORS 221.160 says but the City Charter takes precedence in this case. It’s important for the City Council and I to get this right so we can move forward.”
Calder says she is awaiting legal confirmation before any steps, including rescheduling another city council meeting.
