concurring in part; dissenting in part.
I concur with the majority’s conclusion that the trial court erred in requiring Citizens for Responsible Public Transit (Citizens) to reimburse Lane Transit District (LTD) for “labor costs” incurred in responding to Citizens’ document production request. However, I disagree with the majority that Citizens’ proposed initiative is municipal legislation and would affirm the trial court’s grant of summary judgment to LTD.
The majority concludes that Citizens’ proposed initiative is legislation, because the majority finds no completed legal framework within which the general manager’s salary must be set. Alternatively, the majority holds that even if such a framework exists, Citizens’ proposed initiative modifies that framework, and the modification is legislative in nature. Consequently, the majority concludes that the proposed measure is a proper subject for an initiative. In my view, the majority’s focus is misplaced. Article IV, section 1(5), of the Oregon Constitution reserves to the people the initiative and referendum powers regarding municipal “legislation.” Whether a completed legal framework exists in this case is therefore beside the point. The dispositive question is whether Citizens’ proposed initiative is legislation.1 For the reasons that follow, I conclude that it is not.
*125Legislation makes new law, Monahan v. Funk, 137 Or 580, 584-85, 3 P2d 778 (1931), and relates to matters of general applicability, Foster v. Clark, 309 Or 464, 472, 790 P2d 1 (1990). It is well established that legislation is something permanent, uniform and universal, not something sudden or transient concerning a particular person. Long v. City of Portland, 53 Or 92, 100-01, 98 P 1111 (1909). Citizens’ proposed initiative does not meet those criteria. If passed by the voters, the initiative would not make new law of general applicability and permanent nature. Rather, it would concern only a particular person, the general manager of LTD.
Section 1 of the measure provides that “[t]he qualifications do not justify the salary and benefits provided for * * * when compared to other positions with equal or greater authority and responsibility.” (Emphasis supplied.) That language plainly targets the current general manager. Only a person can have “qualifications” — an abstract post or position cannot. See Webster’s Third New International Dictionary 1858 (3d ed 1976) (“qualification” is “an endowment or acquaintment that fits a person (as for an office)”). (Emphasis supplied.) Section 1 declares that the current general manager does not deserve her present salary. Because the proposed initiative targets a particular person, it cannot *126relate to matters of general applicability and is neither permanent nor universal. Therefore, it is not legislation.
Section 2 also targets the general manager, by reducing her salary to $49,000 per year and limiting the benefits provided to her. Section 3 allows LTD’s board of directors to raise the general manager’s salary annually, but by no more than the raise received by the lowest paid LTD employee. That restriction effectively freezes the general manager’s salary. The general manager would never receive more than a minimal raise, regardless of her performance, because under LTD’s Salary Administration Policy, the lowest paid employee cannot receive an annual raise of more than 6 percent. For example, if the lowest paid employee is paid minimum wage, works full time, and performs exceptionally well, he or she would be entitled to a raise of no more than $600. Under the terms of the proposed initiative, the board could only raise the general manager’s salary an equivalent amount, or less than 1 percent. Conversely, if the lowest paid employee performs poorly, he or she could suffer a pay cut of almost $500. Under the terms of the proposed initiative, the board then could not raise the general manager’s salary at all. Sections 2 and 3 thus cut and effectively freeze the current general manager’s salary and benefits. The majority’s analysis notwithstanding, that is not legislation. Rather, it is an attempt by Citizens to have the voters micromanage LTD’s salary decisions regarding its general manager.
I also disagree with the majority’s conclusion that the focus of the proposed measure is “the relationship between the salary of the general manager and all other employees.” 146 Or App at 120 (emphasis in original). The measure is not aimed at establishing relative pay equity between the general manager and other LTD employees. Although it expressly limits the general manager’s salary, it says nothing about the salary determination of any other LTD employee. Contrary to the majority’s conclusion, the measure has no effect on other employees’ salaries, which remain governed by the Salary Administration Policy. The measure targets only the general manager’s salary.
*127In short, I do not read Citizens’ proposed initiative as municipal legislation. Consequently, I would affirm the summary judgment for LTD that the proposed initiative does not qualify for the ballot.
Citizens’ proposed initiative provides:
*125“Section 1. The qualifications do not justify the salary and benefits provided for and approved by the Lane Transit District Board when compared to other positions with equal or greater authority and responsibility.
“Section 2. The annual salary for the Lane Transit District general manager (as the highest paid District employee) shall not exceed $49,000. In addition, benefits provided to the general manager shall not exceed the benefits authorized for other Lane Transit District employees. It is the intent of this section to severely limit benefits to the general manager not accorded other employees.
“Section 3. The $49,000 salary limitation may be increased on an annual basis in an amount not to exceed the annual increase granted to the lowest paid, bona fide, full-time employee of the Lane Transit District.
“Section 4. Other than as provided in Section 3, the salary limitation may be changed only by a vote of the people at a general election.
“Section 5. Severability. If a court should hold invalid or unconstitutional any clause or part of this Ordinance, that holding shall not affect the remaining parts of this Ordinance that are not held invalid or unconstitutional.”
(Boldface in original.)