Albany City Hall (shown in August 2020), where councilors’ residence has become an issue.
Next time somebody makes an issue of an Albany city councilor’s residence, good luck trying to nail down exactly where that council member lives.
This became an issue recently when a citizen complained that Carolyn McLeod had moved out of Ward 2. She’s running for mayor, and her filing paper lists her Ward 2 address. But rather than confront the complaint she resigned her council position.
The city charter requires council candidates to have lived in their wards for 90 days before the election. But it does not specifically require that they live in their wards after the election.
On Wednesday the council may try to clarify this by passing an ordinance. The proposed measure requires council members to live in the ward that elected them.
And then it tries to define residence. Here is what it says:
“Factors relevant to determining residency may include, but are not limited to:
A. The location of the council member’s principal home;
B. The council member’s actual physical presence at the residence;
C. The council member’s intent concerning the residence as the council member’s principal home; and
D. Other facts relevant to establishing the council member’s domicile and principal residence.
No single factor shall necessarily be determinative of residency.
But wait, there is more:
“Section 3. Temporary Absence: A temporary absence from a council member’s ward does not, by itself, constitute a loss of residency. Temporary absences may include, but are not limited to, absences related to employment, education, travel, military service, medical needs, family circumstances, or other circumstances that do not result in a change of the council member’s principal residence or domicile.”
That’s a lot of words but no precision. Nothing straightforward like: “Residence means the street address on the person’s current driver’s license or most recent voter registration.”
The charter gives the council the power to remove a member. If the council ever wants to remove someone for “residence” reasons, that proposed set of definitions is not likely to help a whole lot. (hh)
UPDATE: The city council Wednesday (Aug. 26, 2026) adopted the ordinance complete with the loosey-goosey definition of how to determine residency. The ordinance was amended to cover the mayor, not just council members. There were council comments to the effect that no one wanted to be the housing police, and people should rely on councilors’ honesty about where they live.
The Oregon Department of Revenue has no such trouble. One resides where they lay their head on a pillow at least 183 nights a year. It is generally verifiable via any smart phone. The state has sent significant tax bills to people claiming to live in another state but their cell phones and credit card activity indicate they spent at least 50 percent of their time in Oregon. If the definition is good enough to collect taxes, it ought to apply to elected officials as well
Anon: Thank you for your comments. Very well written and easy to understand. I, for one, appreciate it and agree.
So I’m wondering how the ODR knows peoples’s cell phone and credit card use.
They send the taxpayer in question a significant bill for state income taxes. When the taxpayer contests the bill the department of revenue subpoenas their phone and credit card records.
If Albanians are lax enough to elect someone who does not live where they live, so be it. The American and the Albany electorate have twice voted to ensconce a convicted felon from Florida into the top of national government. What harm could come from a mere Councilor living outside hers or his Ward? Relax Hasso. Enjoy your Golden Years.
I enjoy reading what you write. You are a very good writer. And, I almost always agree with what you say, too.
Typical “Baffle them with B.S.” used in legal documents.
The only real question is: Do you honor the intent of the original requirement? you either do or you do not. Reminds me of “Depends on what the definition of is, is.”
Absolutely
If you move your address on drivers license doesn’t necessarily change. Only the official address with the DMV.
(No more stickers)
Time to move on to the gas tax & pot hole tax….Notice the city that shutdown all their parks ….oh my..
I sure hope they don’t try to define what a women is.
It will/would go on for ever from meeting to meeting.
City people needs to think about why anybody would need such rules on first place. What kind of elected representatives would actually need this ordinance? If so question why they should be representing residents anywhere!
What a joke. We have Council members who feel comfortable with a definition of residency that is sufficiently vague. I see moral weakness all over the place.
Oh that’s rich! No housing police! “People should rely on councilors’ honesty about where they live” that ship sailed along time ago. We are monitored by cameras, falsely fined and fees added to our bills without our consent. None of our local government should be voted back in as councilors or mayor. I guess “do as I say, not as I do” is the city motto. Another loophole voted in. They don’t even try to sneak them in anymore.