No Decision Made Yet on Baker City Council Lawsuit
By Joe Hathaway on Friday, September 22nd, 2023 in More Top Stories Northeastern Oregon News
BAKER CITY – A court clash over the city charter. That’s what’s occurring and the main arguments being made inside the Baker County Circuit Court.
Judge Matthew Shirtcliff heard oral arguments on Thursday, September 21 from attorneys on both sides for the civil lawsuit seeking to block the three current Baker City council members from filling four vacancies.
At the end of the hearing, Judge Shirtcliff said he would submit a written decision on the lawsuit in one or two weeks. He did issue a preliminary injunction that continues prohibiting the remaining city councilors from meeting, essentially continuing a temporary restraining order that was filed on September 12. He said that injunction will only be in place until he issues his written decision.
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.
The main argument of the case revolves around the interpretation of Section 15 of the city charter, the primary component of which states: “A vacancy in the council shall be filled by appointment by a majority of the council.”
Attorneys for the City and Calder contend that the charter and Section 15 “says what it means, and means what it says.” and that the city charter should be followed as written.
The attorney for the plaintiff contends that two other sections, 17 and 20, both of which mention a “quorum,” are important, and that the absence of the word “quorum” in Section 15 doesn’t mean the council can fill vacancies without a quorum of at least four current councilors.
The two sides also sparred on if Oregon law applies a case which involves the city charter, including using an old case from the 1960’s that the defendants say sets a precedent for a city having a different voting requirement for filling vacancies — a majority of the current members rather than a quorum — even if other parts of the city’s charter do mandate a quorum.
At the end of the hearing, Shirtcliff emphasized that he will be ruling on the specific issue of whether the three councilors, one short of a quorum, have the authority to fill vacancies based on the charter and statutes.
“That is all I’m going to consider,” he said.
