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Stayton council advances ordinance to prosecute select misdemeanors in municipal court
Summary
The Stayton City Council gave first consideration to Ordinance No. 1068, which would amend SMC Title 2.2 to restore municipal-court prosecution for a specified list of misdemeanors and repeal Chapter 9.36; council approved first consideration unanimously, 4-0.
The Stayton City Council advanced first consideration of Ordinance No. 1068, a proposal to amend Stayton Municipal Code Title 2.2 to re-establish prosecution of specific misdemeanors in the city's municipal court and repeal SMC chapter 9.36.
Staff told the council the change is intended to allow the municipal court to hear certain low-level misdemeanors that Marion County has struggled to prosecute consistently. "Staff recommends approval of amendments to SMC chapter 2.2," the staff presentation said, adding that the city expects some state criminal charges to be heard in municipal court and others to be referred to circuit court.
Councilors asked for clarification on the plan: why chapter 9.36 is being deleted, where the program's costs will be borne and how cases that may require jail will be managed. Staff said chapter 9.36 included language treating some misdemeanors as violations and that removing it allows listed offenses to be tried as misdemeanors. The finance director confirmed municipal court costs were included in the adopted budget and that the municipal court has a separate budget within the general fund.
On case outcomes, staff said the municipal court will prioritize behavior-change sanctions such as community service or diversion programs for many offenses and that jail placement remains dependent on county jail capacity and the county presiding judge's matrix. Staff also said the specific list of misdemeanors to be prosecuted will be kept in internal policy rather than in code so the list can be updated without amending municipal code.
Council President Sims moved first consideration of Ordinance 1068; the motion was seconded and carried unanimously on voice vote. The first-consideration approval means the council has advanced the ordinance for the next steps specified by municipal procedure.
The council did not adopt the ordinance on final reading at this meeting; next steps will follow the city's established ordinance-adoption process.
