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Charles McNeilly Rockaway Oregon

Rockaway Beach Mayor Charles McNeilly’s Comments on Recent Legal Decision, Court Upholds City’s Ordinance, Election Procedure

Posted on September 3, 2024 by Editor
www.tillamookcountypioneer.net

By Rockaway Beach Mayor Charles McNeilly
The City of Rockaway Beach’s goal is to conduct open, accessible and accurate elections in accordance with the law. The City is following a nomination and election
process that is supported by City Charter and Ordinance. The court upheld the city’s legal position and its interpretation of relevant law and denied the legal action filed against the City.
Let’s take a look back for a moment. The Charter of the City of Rockaway Beach, approved by the voters in the November 2008 election, states “The council must adopt an ordinance prescribing the manner for a person to be nominated to run for mayor or a city council position.”
Our City Recorder and City Manager, while preparing for November’s election cycle, discovered the City Council had never adopted an ordinance prescribing the manner for a person to be nominated to run for mayor or a city council position.

Our City Recorder and City Manager in consultation with our City legal team crafted an ordinance codifying our current nominating process – Ordinance 2024-02. The City
Council considered and unanimously approved Ordinance 2024-02 at the February 2024 City Council Meeting prescribing the manner for a person to be nominated to run for mayor or a city council position as required by the City Charter.
Judge Hill, in his ruling (8/30/24), specifically referred to Ordinance 2024-02 passed unanimously in February 2024. Ordinance 2024-02 states that “Prospective candidates shall file a nominating … petition to be nominated to run for Mayor or a City Councilor position.”
The Ordinance goes on to say “The filing form must specify the office and position for which the candidate is filing.” Let me repeat “The filing form must specify the office and position for which the candidate is filing.” Judge Hill then rendered his decision to not grant the Writ and found in favor of the City of Rockaway Beach’s manner of holding its elections.
As I stated in June, I continue to strongly support Rockaway Beach voters engaging in a robust discussion as to how they elect their Councilors. And, the best way to engage the voters is through a wholistic review and update to our City Charter, including election procedures. We would include extensive community input and then would go to the voters for approval. In other words, a transparent and open community engagement process in reviewing and revising the City Charter. I anticipate this happening next year. This is a more inclusive method than an attempt by a few residents to speak for the whole community to have the court exercise their own personal desires.
In conclusion, the City of Rockway Beach is a community with a rich diversity of opinion. Thank you to all who exercised your right to participate in the proceedings.
I encourage Rockaway Beach citizens to vote in the election to select the best candidates to lead our community forward in a collaborative and transparent manner.
I am still listening.
Thanks for your time and attention.

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