A federal judge has ruled that part of the Corvallis city charter, and its leaders' efforts to remove a city councilor from office, are unconstitutional.
The decision comes more than a year after Corvallis leaders accused Councilor Charlyn Ellis of violating the charter by pushing for the city manager to fill a climate advisory committee staff position.
In an initial unsigned resolution, and then later through attorneys the city hired, Corvallis argued that Ellis overstepped her authority, violating the charter, and had forfeited her council seat.
Ellis sued and the city paused efforts to remove her until the litigation was resolved.
Ellis’ attorney, Jesse Buss, said the original charter provision was meant to address corruption - not prevent council members from advocating for their constituents.
"An elected official shouldn't lose their position just for doing their job,” Buss said. “Voters elected her, and the other councilors to make public policy, and direct the city manager, that's what they're supposed to do."
In her opinion Friday, U.S. District Judge Ann Aiken ruled that section of the charter violated both the Oregon Constitution, and the First Amendment.
She found the provision of the charter, which barred council members from discussing, or influencing the city manager’s hiring and firing decisions, was overly broad.
“The Discussion Clause prohibits councilors from discussing matters of employment with the City Manager in near-absolute terms,” Aiken wrote. “It is difficult to see how such speech is so ‘incompatible’ with the council’s obligation to supervise the City Manager that it would vitiate the proper performance of a councilor’s duties.”
Ellis was elected for another two-year term in November, and was recently chosen as the vice president of the city council.
A spokesperson for the city of Corvallis declined to comment on the outcome of the lawsuit.
