Baker City: Judge Rules Against Council Filling Vacancies, Mayor and Remaining Councilors Resign

September 27, 2023 – Judge Matthew Shirtcliff: Declaratory Judgment, Blake et. al. v. BEVERLY CALDER et. al.

THIS MATTER came before the court on September 21, 2023, for trial. The Plaintiffs were represented by Vance Day. The Baker City Council was represented by Dan Van Thiel and the Mayor of Baker City Beverly Calder was represented by Steven Cade. Based on the stipulation of the parties pursuant to ORCP 79C(2) the court combined the Motion for Preliminary Injunction and the Trial on the Merits for Declaratory Relief. This court issued a written opinion on September 27, 2023, a copy of which in attached hereto and incorporated by reference. The Plaintiffs prayed for three claims for relief.
It is hereby adjudged and declared that judgment should be entered as follows:
1. On Plaintiffs’ First Claim for relief, declaratory judgment is entered in favor of Plaintiffs against Defendants. The court hereby declares that the Baker City Charter requires the city councilors to convene a quorum of at least four members in order to appoint replacement city councilors. As presently constituted with only three members, the council has an insufficient number of members to convene a quorum and therefore cannot do the business of filling vacancies. Doing so would be a violation of the charter and would result in an unlawful appointment.
2. The court declines to rule on the Second Claim for relief as the First Claim provides a complete remedy.
3. The Third Claim for relief regarding a temporary restraining order and preliminary injunction is now moot as the court has granted those orders but upon entry of the Declaratory Judgment the Preliminary Injunction will dissolve.
Matthew B. Shirtcliff
Baker County Circuit Court Judge

September 28, 2023 – Mayor Bev Calder: Resignation Letter

To The Esteemed Members of the Baker County Commission and to the citizens of Baker City that I have been honored to serve;

With the express intent to save the citizens of Baker City the cost of a special election, and to avoid the delay which would put the city in a critical position without leadership as well as any other harms stemming from this disruption of city business; I, Beverly Calder, hereby offer my resignation from the Baker City Council effective immediately on the 27th day of September, 2023.The explicit purpose of my resignation is to trigger ORS 221.160(2).

The resignations of the three remaining city council members would result in all positions on the Baker City Council becoming vacant. The authority to appoint a quorum for the transaction of city business would fall to the Baker County Commissioners as the governing body of the county. The persons appointed by the Baker County Commission shall appoint persons to fill the remaining vacancies. All persons appointed by the Baker County Commision would serve until successors are elected and qualified to serve following the general election in November 2024 and the swearing in of the new council in January 2025.

I offer my resignation with a heavy heart and the understanding that this is the only productive option that will serve the best interests of the community that I love and have had the privilege to serve.

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