As of 1:48 AM on November 9, 2011, the unofficial results for Measure 36-149 are as follows:
Yes = 1,525 (34.19%)
No = 2,883 (64.63%)
Please see the attachment on the elections page for the unofficial results on the representatives.
Note: The deadline for the County Clerk's Office to certify election results is November 28, 2011.
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Frequently Asked Questions (“FAQs”)
Initiative Petition to Amend Charter
1. What would the ballot measure do?
Answer: The ballot measure would amend the charter of the City of Newberg (“City”). The proposed amendment would provide a process by which any action by the city that increases taxes, fees, or charges could be referred to the voters for approval. The process would provide that if five or more electors petition the city to have the matter submitted to the entire electorate for approval, then the matter would be placed before the voters within 30 days. The matter would then be approved if there is an affirmative vote of the majority of the electors at an election in which 50% or more of the registered electors cast the ballot. The measure would make other amendments to the charter.
2. How did this measure get on the November ballot?
Answer: The charter amendment was placed on the ballot through the initiative process. There is an initiative process by which electors of the state may draft an initiative (in this case a charter amendment), and submit it to the City. If it meets certain requirements, it is approved so signatures may be gathered in order to submit the petition with the signatures to the City. If the required number of signatures are gathered (in this case, 1,532) and those signatures are verified by the County Clerk as active registered voters within the city, the measure is presented to the City Council. In this case since it’s a charter amendment, it would be voted on by the voters of the city.
3. If this measure passed, can the City Council by its vote change the amendment or process?
Answer: Since this measure would amend the charter, any change would be approved by the voters of the city. The City Council has the authority to enact resolutions and ordinances which provide for code amendments. In many cases, the processes are defined or set out in resolutions or in the Newberg code. However, a voter approval is required to amend the charter.
4. Would any action by the City Council be subject to the initiative process? If so, why is this process different?
Answer: No, not all City Council actions are subject to the initiative process. City legislative action is subject to initiative process, which is usually taken through an ordinance. Matters that are done by resolution or order are generally not subject to the initiative and referendum process. If passed, this measure would establish a process by which any increase in taxes, fees, and charges would be submitted to the voters if requested by five or more electors of the city.
5. Currently, is there a process for review by the public for increases in taxes, fees, and charges?
Answer: Presently, there are processes by which taxes, fees, and charges are reviewed in a public meeting through a public process. For example, a seven-member citizen rate review committee reviews any proposed increase in utility rate fees and charges at a public meeting. The committee’s recommendations are given to the elected, seven-member City Council for further review and deliberation before decisions are made.
Under the present law, most new or increased taxes, such as property tax for capital improvement bonds must receive an approval by the voters.
6. Would any change in fees such as planning application fees or fees for public records be subject to an election?
Answer: The fees would not go to an election unless within 90 days of passage of the action increasing the fees or charges, a petition signed by five or more electors of the city requested the matter be determined by an election. If this is done, the City would hold a special election within 30 days. The City Council, on their own motion, would be able to refer such changes to the voters.
7. If this measure passed, would all utility (water and sewer) fee increases, be subject to an election?
Answer: Any increase in utility fees would be passed by the City Council and would not have to be subject to an election unless within 90 days of passage, the City received a petition by five or more electors of the city requested the matter to be determined by an election. If this occurred, the City would hold a special election within 30 days, and the increase would not be effective unless approved at an election in which 50% of the active voters voted and 50% voted to pass the measure. The City Council, on its own, would be able to refer the matter to a vote of the people.
8. Who would pay for the special election cost?
Answer: The City would pay for the cost of City elections. Elections are conducted through the County Clerk’s Office, and the County bills the City for the cost of the election. Election costs may be shared by other governmental entities that have matters on the same ballot. At present, the biennial general election held in November, and the primary election held in May, on even-numbered years, the cost is paid for by the State because the State usually has many measures on the ballot.
The State designates what days the elections can be held (State Election Dates), and when ballot measures must be submitted to the County Clerk’s Office. At present, ballot measures are generally required at least 60 days prior to the designated election date.
9. What about fees and taxes already passed and collected by the City? Would those be refunded?
Answer: If this measure passed, nothing would happen unless within 90 days of passage the City receives a petition by five or more electors of the city requested that any taxes, fees, or charges increased after December 31, 2008, placed before the voters for approval. The measure would require the City to hold a special election within 30 days of the request.
10. What would happen if this ballot measure does not pass?
Answer: If the ballot measure does not pass, the City would continue to operate in the manner it presently operates. Increases in taxes, fees, and charges would be approved in accordance with present regulations.
Daniel Danicic, Newberg City Manager
10/20/2011
