State ex rel Select Reform Com. v. City of Jefferson

To distinguish that which is legislative from that which is administrative, the court must determine “whether the ordinance was one making a law or one executing a law already in existence.” Monahan v. Funk, 137 Or 580, 585, 3 P2d 778 (1931). Under ORS 222.127, once certain requirements are met, a city “shall” annex the property without a vote.

The city approved a property annexation in the form of an ordinance. Relator filed a petition for an alternative writ of mandamus to direct the city to refer the decision to voters. The trial court granted the city’s motion to dismiss. On appeal, the parties disagreed over whether the ordinance was legislative within the meaning of Article IV, section 1(5), of the Oregon Constitution, which provides that the city was not required to refer the decision to voters if the ordinance was “administrative or quasi-judicial rather than legislative.” Relator argued that the ordinance was a legislative action. The city disagreed and argued that it simply followed the mandate of ORS 222.127. To distinguish that which is legislative from that which is administrative, the court must determine “whether the ordinance was one making a law or one executing a law already in existence.” Monahan v. Funk, 137 Or 580, 585, 3 P2d 778 (1931). Under ORS 222.127, once certain requirements are met, a city “shall” annex the property without a vote. When a city approves property annexation with an ordinance instead of sending the decision to voters, its actions will be legislative within the meaning of Article IV, section 1(5), of the Oregon Constitution if “the legislature had already made all the necessary legislative judgments; all that remain[s] for the city to do [is] to apply the statutory requirements.” The Court found that the city did not act legislatively and thus held that “the city was not required to issue a ballot title for a referendum on it, and the trial court did not err in dismissing the alternative writ.” Affirmed.