Interim Baker City manager Jon France said the city council’s lack of a quorum won’t have any immediate effect on city operations.

But the inability of the three remaining councilors to take any action could result in delays in some things, he said.

On Tuesday, Sept. 12, Baker County Circuit Court Judge Matt Shirtcliff granted a temporary restraining order to the three plaintiffs in a lawsuit filed that day against Mayor Beverly Calder and the city council.

The plaintiffs — city residents Jeffrey C. Blake, Joshua A. Connor and Kathrine L. Burnett — contend that the city charter and state law prohibit the council, with less than a quorum of four members, from filling the vacancies.

Calder argues that the charter, although it prohibits the council from taking other actions without a quorum, does allow them to fill vacancies.

Shirtcliff has scheduled a hearing on Sept. 21 to hear arguments about whether he should extend the restriction on the council through an injunction.

The plaintiffs are calling for the city to schedule a special election to allow voters to fill the four vacancies.

The bottom line is that for the time being, the council, which consists of Calder and councilors Jason Spriet and Ray Duman, can’t make any decisions.

“Until we know where that decision lies, I’m just continuing to do business the best I can, and council can’t do anything,” France said. “This is an unusual situation.”

France started work at City Hall in late June, replacing Jonathan Cannon, who resigned.

France said the council’s lack of a quorum doesn’t affect the city’s daily operations, since the manager, not the council, oversees employees.

The city charter outlines the manager’s duties, which include:

• “Have general supervision over all City property and its use by the public or City employees.”

• “See that all ordinances are enforced.”

• “Act as purchasing agent for all departments of the City. All purchases shall be made by requisition signed by the manager.”

The last item is one that could potentially be affected by the council’s lack of a quorum, France said.

Although the charter designates the manager as purchasing agent, France said he can’t make any purchases, or lease agreements, exceeding $50,000 without council approval.

He said councilors have discussed leasing a fire engine, but that can’t happen until the council has a quorum.

As for ordinances, as the charter states, France can ensure those are enforced, but only the council can make changes to existing ordinances, or approve new ordinances or resolutions.

France’s authority is also limited because he is the interim city manager, a position the charter describes as “pro tem.”

The charter states that the manager pro tem has the powers of the city manager with one exception: “amanager pro tem shall have no authority to appoint or remove any City officer or employee except with the approval of five members of the council.”

With the council lacking five members, it can’t approve such personnel decisions.

Councilors have also discussed a variety of potential ways to increase revenue to deal with a projected shortfall of at least $900,000 in the general fund for the fiscal year that starts July 1, 2024.

The list includes a local gasoline tax, which city voters would have to approve. But the council, lacking a quorum, can’t even decide to put a gas tax on the ballot.

Nor can the council enact other new fees, such as a proposed charge for short-term vacation rentals.

The city does have an adopted budget for the current fiscal year, so France doesn’t need council authority for such things as payroll and other routine expenses that are in the budget.

“I’m obligated to try and stay within budgetary limits,” France said. “Overall, budget wise, revenue wise, we’re OK. And especially with the public safety fee going into effect October first, this (fiscal) year we will be fine.”

That fee can take effect because the council voted 4-2 on Aug. 22 to approve a resolution setting the fee of $15 per month for residential water/sewer accounts, and $50 for commercial accounts.

(Although the fee will be added to those utility accounts, it is a standalone fee and doesn’t reflect a change in water and sewer rates, which are part of a separate resolution that the council approves each year, typically in the spring, to take effect with the start of the fiscal year July 1.)

The public safety fee resolution states that the city can use the money only for the police and fire departments, the largest departments in the general fund.