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Ord 1704COUNCIL BILL NO. 566 ORDINANCE N0. 1704 AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF A RECREATION AND PARK BOARD, DEFI~JING ITS DUTIES AND CLARIFYIfdG ITS RESPONSIBILITIES, PROVIDING THE METHODS FOR SELECTION AND TERMIf~ATION OF A PARK AND RECREATION DIRECTOR, ESTABLISHING A PROCEDURE FOR OPERATION AND FUNDING OF THE CITY COMMUfdITY CENTER, REPEALING ORDINANCE N0. 847 Af~D RESOLUTION N0. 624, AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ti~00DBURN DO ORDAIN: Section 1. Pursuant to Chapter x, Section 11 of the Woodburn Charter, that for the purpose of maintaining the parks and other recreational facilities in the City of Woodburn, and providing for the supervision and control thereof, there is hereby created a board of seven, members to be known and designated as the !~oodburn Recreation and Park Board. Section 2. The Mayor shall, by and with the approval of the Council, appoint a board of seven members, three of whom shall serve for the period of one year, two of whom shall serve for the period of two years, and two of whom shall serve for the period of three years from the date of their appointment. Thereafter, the Mayor by and with the approval of the Common Council shall annually appoint members of such park board upon the expiration or other termination of their term of office. Each member of the Board serves at the pleasure of the Mayor and Common Council and may be removed prior to expiration of their term without cause or hearing. Section 3. The members of the ~Joodburn Recreation and Park Board shall be appointed from resident voters of the City of Woodburn who are legal electors therein. (Section 4 as amended by Ordinance No. 1606, passed June 5, 1978.E Section 4. Organization. The said Park Board shall select a chairman, secretary, and such other officers as the Board may deem appropriate and shall meet at such times as the Park Board may determine. Officers shall have such duties and authority as the Board shall establish, consistent with other provisions of this ordinance and with law. Page 1 - COUNCIL BILL NO. 566 ORDINANCE NO. 1704 Section 5. That said Woodburn Recreation and Park Board shall have the supervision and control of all parks and other facilities for recreation in the city of Woodburn and such facilities as may be owned by said city near or adjacent thereto, and for such purpose shall have control of the expenditure, under the supervision of the Common Council, of all funds produced by tax or other means for the promotion of such parks and other recreational facilities. Section 6. That said Woodburn Recreation and Park Board steal] have charge of the preparation and submission of an annual budget and such other budgets as it may deem appropriate or as the Common Council may require. Section 7. The Recreation and Park Board shall have the responsibility and authority for all aspects of the operation of parks and recreation subject to the following: (A) other provisions of this ordinance, (B} other ordinances unless Parks and Recreation is expressly exempted therefrom, (C} Purchasing procedures and all other administrative procedures applicable to the city as a whole implemented by the Mayor and Common Council, or City Administrator, (D} labor agreements covering Park and Recreation employees, (E} labor negotiations authorized by the Common Council, (F} other provisions of applicable law. Section 8. Rules and Regulations. The Recreation and Park Board shall have the power to make any reasonable rules and regulations governing the use of park and recreation facilities. Section 9. Park and Recreation Director (formerly called Superintendent} A Park and Recreation Director shall be hired by the Board as a whole, with the consent of the Corr~non Council. The Director must be a qualified administrator and shall be responsible to the Board as a whole for the effective and efficient operation of Parks and Recreation. The Director shall be responsible for hiring, firing, and dis- cipline of all Park and Recreation employees. The Director shall assist the Board Page 2 - COUNCIL BILL CVO. 566 ORDINANCE N0. 1704 as requested and shall direct the day-to-day operation of Parks and Recreation within such limitations and requirements as the Board may direct. The Director serves at the pleasure of the Board, except that, upon notice of termination of employment or other discipline, the Director may, within 30 days, appeal to the Common Council, which may reinstate the Director or modify the Board's action in any way it deems appropriate. The action of the Common Council, or of the Board if its decision is not appealed ~rithin 30 days, is final and not subject to judicial review for alleged defects in procedure or substance. The right of appeal does not vest a property right. Section 10. Budget Preparation. The Recreation and Park Board may direct the Director to prepare an annua] budget or assist in preparation of the budget. In any event, the budget must be prepared in consultation with the Board and the City Administrator. Once submitted to the City Budget Committee, the budget will be sub- ject to the same treatment and procedures as any other departmental budget. Section 11. Community Center. The Recreation and Park Board is directed and authorized to operate the City of ~foodburn Community Center. Such Center shall operate under existing policies concerning accounting, purchasing, general finance, personnel and other facets of operation established by the Recreation and Park Board and the Common Council. Section 12. Community Center Supervisor. A Community Center Supervisor .~~-w shall be hired by the Park and Recreation Director. The Center Supervisor shall have such responsibilities and authority as the Director gives. The Center Supervisor serves at the pleasure of the Director, except that the Center Supervisor may appeal any termination of employment or other discipline to the Recreation and Park Board. The Board`s decision may be, but is not required to be, reviewed, reversed or modified, by the Common Council in its discretion. The Common Council's decision, or the Board's decision if it is not reversed or modified by the Common Council, is final and not Page 3 - COUNCIL BILL N0. 566 ORDINA~dCE NO 1704 subject to judicial review for alleged defects in procedure or substance. The right of appeal does not vest a property right. Section 13. Community Center Funding. The Recreation and Park Board is w authorized to include the tax-supported portion of the Community Center budget in the Recreation and Park dedicated serial levy. ~sez Woodburn Charter, Chapter X, Section 11.) Section 14. Com Taints. Complaints, grievances, and personnel matters of Recreation and Park Department employees shall be handled according to: (A) applicable labor agreements, or (B) city personnel rules as appropriate. Section 15. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ..~._ ~~ ~.. APPROVED: ~ ~~.~..~rt~.....-•~ W LTER L SON, MAYOR ATTEST: ' Barney 0. Burris, Recorder City of Woodburn, Oregon A~pri 1 141980 Apri] 15, 1980 April 15, 1980 April 15, 1980 Page 4 - COUNCIL BILL N0. 566 ORDINANCE N0. 1704 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1704, one of which~said~~copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Community Center bulletin board at 491 N. Third St., in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and all of said co ies were osted on the ~ . 1980. :~ Barney B is, Recorder City of Woodburn, Oregon