Keizer’s Personnel Policy Committee on Oct. 28 recommended the City Council adopt a resolution establishing procedures and a standardized form for observations of the municipal court judge and clarifying how observers’ concerns should be handled.

The committee’s action comes after staff and the city attorney reviewed an existing 2021 resolution that set observation procedures but did not include the form or guidance on its use. City Attorney Lindsey told the committee that observers who find anything “unsatisfactory” should send those written comments to the city attorney so the matter can be handled confidentially and, where appropriate, taken up in executive session.

“...if anything turns out unsatisfactory, that you send it through this the city attorney so it stays confidential,” City Attorney Lindsey said, recommending the attorney act as a gatekeeper for potentially sensitive comments so the committee and council can decide whether to call an executive session.

Committee members discussed practical issues around assigning observers. The draft resolution had the mayor announce two councilors to attend arraignments and hearings at the start of each biennium; several members said that practice, while longstanding, can create coverage gaps when appointees are unavailable. To address that, the committee agreed to add an amendment authorizing “timely and reasonable adjustments to the observing counselors [sic] may be made by the mayor to ensure at least two observations per year.” That amendment was offered in committee and accepted before the recommendation vote.

Members also added background language to the resolution explaining why the city is adopting the practice: that the municipal judge is an appointed position and the council desires a written means of understanding and ensuring that the appointee is performing in accordance with the council’s scope of work.

The committee voted unanimously to recommend the resolution to the City Council “as amended.” No member requested that the judge be noticed to an executive session unless the judge specifically requested to be present, in keeping with state public-meeting law as explained by Lindsey.

Votes at a glance:
- Motion to approve minutes from the July meeting — approved unanimously by the committee.
- Motion to recommend adoption to the City Council of the municipal court judge observation procedures resolution, as amended — approved unanimously by the committee.

What happens next: The committee’s recommendation will be delivered to the full City Council for consideration. If an observer’s written comments are judged to contain potentially adverse material about the judge, the procedure agreed in committee is to send those comments to the city attorney, who will advise on confidentiality and, if appropriate, arrange an executive session.