HomeMy WebLinkAbout3960 CITY OF BREMERTON
SUMMARY OF ORDINANCE NO. 3960
This Ordinance is entitled "Administrative Procedures -
Rulemaking."
SECTION 1: This section provides various definitions for
this Ordinance.
SECTION 2: This section requires City agencies to issue
procedural rules stating how the agency deals with the public.
These rules are required to be in writing and will be required to
be filed within 180 days of the passage of this Ordinance.
SECTION 3: This section requires City agencies to
promulgate rules stating the agency methodology in implementing
ordinances passed by the City Council. Examples of such rules
are those setting forth qualifications and standards for license
issuance~ rules for violation of a privilege to have a license,
and conduct which may result in penalties or abatement sanctions
by the agency. In the event existin9 ordinances cannot properly
be implemented~ the agency manager is called upon to propose
ordinance amendments to the City Council. This section further
requires that all existing agency policies~ regulations and
standards which implement City laws be adopted~ again pursuant to
the requirements of this Ordinance.
SECTION 4: This section indicates that where there has been
no delegation of authority to promulgate rulemaking~ ordinances
shall be amended to include a section giving an agency the
authority to promulgate rules.
SECTION 5: Once an agency has promulgated rules~ this
section requires public notice of the proposed rules~ including
mailing those rules to anyone who has requested them, posting of
copies in the Bremerton City Hall~ and publication in the local
newspaper. The agency has the further discretion to hold a
hearing and allow testimony on the proposed rules. This section
requires that proposed rules be circulated to other agencies in
the City for review and comment. Once comments are received~ the
agency proposing to issue the rule shall consider all comments
and adjust or amend their rules accordingly. Once the rules are
adopted, a certified copy of the rules shall be filed and indexed
as a public record with the City Clerk as part of the Bremerton
Administrative Code.
SECTION 6: This section provides a provision for any
interested member of the public to petition for the adoption,
amendment or repeal of any rule. Requirements for the petition
are set forth in this section, as well as time frames.
SECTION 7: This section sets forth an emergency provision
for immediate adoption of a rule where it is necessary for the
preservation of public peace, health, safety or welfare.
Emergency rules can be adopted for no longer than sixty (60) days
and after that period of time the previous provisions of this
Ordinance must be complied with.
SECTION 8: This section allows any interested person to
issue a declaratory ruling on the application of a rule to any
person, property or set of facts enforceable by the agency.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
Approved by the City Council on the first reading on May 5,
1985.
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage on June 5, 1985.
MOR~DAWKINS, Mayor
City of Bremerton
ATTEST:
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
ORDINANCE NO. ~ ~
AN ORDINANCE establishing rulemaking procedures for
all departments, commissions, committees, boards and
offices in the City of Bremerton whose activities
substantially affect the interests of the public.
WHEREAS, the City wishes to assure the highest public
confidence in the equitable and unarbitrary administration of
municipal laws by its agencies, officers and employees; and
WHEREAS, the City wishes to facilitiate public scrutiny and
contribution to government policy and its application; and
WHEREAS, the City wishes to minimize the possibility of
inconsistent and ad hoc governmental decision-making and
treatment of members of the public in their dealings with City
government; now, therefore,
THE CITY COUNC1L OF THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: DEFINITIONS - (a) Agency means the City of
Bremerton or any of its subdivisions including, but not limited
to, any City board, commission, committee, officer or department,
but exclusive of the City Council and its committees, when acting
in accordance with or pursuant to authorization by ordinance or
resolution to make rules.
(b) Rule means any agency order or regulation of future
effect, including amendment or repeal of a prior rule, which has
been formally adopted in accordance with the provisions of this
Chapter, which substantially affects the interests of the
public, which applies generally rather than to specific parties,
and which -
1. Implements or makes specific any City Council
ordinance or resolution which has provided standards or
guidelines that define in less than complete specificity what is
to be done and which clearly indicates that it is the agency
which is to accomplish it; or
2. Governs the agency's organization or procedure in
accordance with the scope of administrative authority to act
granted by City Charter, resolution and ordinance.
Such term does not include internal management directives
which result in agency action affecting the agency's own officers
or its employees or other agencies with the City qovernment, but
which do not substantially affect the rights or liabilities of
the public; intra-agency or inter-agency memoranda; executive
orders of the mayor; agency contracts; or interpretations of an
ordinance or resolution embodied either in a binding declaratory
ruling pursuant to Section 9 of this Chap%er or in an appealable
administrative decision. Any agency procedure, policy,
regulation, or standard, which by its effect, fits the definition
of a rule but which has not been formally adopted in accordance
with the provisions of this Chapter, shall be deemed "informal"
and shall be void and without effect; provided, that any agency
procedure, policy, regulation, or standard in existence at the
date of enactment of this Chapter, whether oral or written in
form, shall be valid for the duration of any applicable
limitation period as hereinafter provided.
SECTION 2: PROCEDURAL RULES - Subject to the limitations
otherwise imposed by statute, ordinance, and City Charter, each
City agency shall issue written procedural rules describing its
organization within the framework established by the City
Council, stating both the general and resolution or
ordinance-specific course and method of those of its operations
which significantly affect the public, and the methods whereby
the public may obtain information and make submissions and
requests. These rules shall be supplemented or replaced as
necessary by additional procedural rules in the future.
Those specific existing procedures whose use is a
consequence of less than specific ordinances or resolutions which
govern interactions between the City and the public, even though
such procedures "implement" the ordinances or resolutions from
which they derive, shall comply with the provisions of the
limitations period established in this Section and shall be
deemed "procedural rules" after formal rulemaking.
Where the text of any particular ordinance or resolution is
explicit enough to have made the development of agency procedures
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unnecessary, rulemaking by the agency with regard to such
ordinance is not required.
In order to foreclose the possibility of even the appearance
of arbitrary action by an agency acting in the absence of
procedural rules which have been formally adopted, no member of
the public shall be required to comply with any agency procedure
in existence at the date of enactment of this Chapter unless such
procedure has been reduced to writing in the form of a rule and
adopted as proposed or in amended form by the agency within
one hundred eighty (180) calendar days of the date that the City
Council grants the agency rulemaking authority in accordance with
the provisions of Section 4 of this Chapter, or of the date of
enactment of this Chapter itself if the agency already has such
rulemaking authority by ordinance, provided, that the Mayor may
extend this one hundred eighty (180) calendar day requirement an
additional ninety (90) days upon the demonstrated need of the
responsible department. Any agency procedural requirement which
does not comply with this Chapter shall be deemed "informal" and
hence be unenforceable.
SECTION 3: RULES IMPLEMENTING ORDINANCES OR RESOLUTIONS -
Each agency of the City shall issue written rules detailing its
method of implementing those ordinances or resolutions which it
has been given the authority to administer. The purpose for
adopting such rules of implementation is to foreclose either (a)
the possibility of an agency's modification of the specific
intent of the City Council in passing legislation or (b) even the
appearance of abuse of discretionary power by an agency in its
actions in the absence of written rules. Such rules may be
concerned with:
1. Any qualifications or standards for the issuance,
continued validity or renewal of a license that, if
violated, subjects the violator to a penalty or
administrative sanction, such as the suspension or
revocation of such license;
2. Any qualification or requirement relating to
the enjoyment of a benefit or a privilege conferred by
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law that, if violated, subjects the violator to a penalty
or administrative sanction such as the suspension or
termination of such benefit or privilege; or
3. Any requirement or standards relating to
obligations of conduct or the discharge of duties
imposed by law that, if violated, subject the violator
to a penalty or administrative sanction such as abatement
or assessment for costs.
Where the text of any particular ordinance is explicit enough to
preclude the exercise of agency discretion in implementing that
ordinance, rulemaking by the agency with regard to such ordinance
is not required.
The head of each City agency shall examine the operation of
his or her agency and those ordinances and resolutions both which
substantially affect the interests of the public and which the
agency has been given the responsibility for implementing, and he
or she shall reduce to writing any existing agency policies,
regulations, or standards designed and used to implement any such
ordinance or resolution. The agency head shall also develop
supplemental policies, regulations, or standards if necessary to
allow for a comprehensive scheme for the implementation of
existing ordinances and resolutions by the agency that might
otherwise be lacking.
Where, however, an agency is clearly required to administer
the provisions of a particular ordinance or resolution, but the
provisions otherwise appear out-dated, internally inconsistent,
ambiguous, or burdensomely detailed upon the review by the
responsible agency head mandated by this Section, the agency
shall not be required at that time to issue rules of
implementation based on such purportedly defective existing
provisions. The agency manager shall instead prepare proposed
ordinance or resolution amendments for submission to the City
Council. The schedule for preparation and submissions of such
amendments shall be developed by each agency head and shall
reflect the magnitude of the job, budgetary constraints, and
other agency priorities, in accordance with the plan set forth by
the Mayor. Upon final action by the City Council adopting, or
refusing to adopt, such prposed amendments, the agency shall
commence and complete rulemaking consistent with the requirements
of this Chapter and within one hundred eighty (180) calendar days
of the date of such action by the Council. Prior to the time
that the Council takes such final action, pursuant to Section 6
of this Chapter, the agency can be obliged to initiate
rule-making to adopt as a rule any procedure, policy, regulation,
or standard whose actual or threatened application interferes
with or impairs the legal rights or privileges of a member of
the public. A procedure, policy, regulation or standard which
attempts to implement a defective ordinance or resolution is
unenforceable and cannot be adopted as a rule.
Except where otherwise provided herein, all existing agency
policies, regulations, or standards shall be adopted as proposed
or in amended form as rules of implementation by the agency
within one hundred eighty (180) calendar days either of the date
that the City Council grants the agency rulemaking authority in
accordance with the provisions of Section 4 of this Chapter, or
of the date of enactment of this Chapter if the agency already
has such rulemaking authority by ordinance. Each rule adopted
shall include language which specifically cites to the ordinance
or resolution which the rule is intended to administratively
implement, and a brief statement of the purpose that the adoption
of the rule is intended to serve.
Any agency policy, regulation, or standard of implementation
which substantially affects the interests of the public but which
does not comply with this Chapter shall be deemed "informal" and
hence be unenforceable.
SECTION 4: AGENCY RULE-MAKING AUTHORITY - Where an agency
is not specifically authorized to itself adopt rules to carry out
the purposes of a particular ordinance or resolution in existence
on the date of the enactment of this Chapter, though such
ordinance or resolution does clearly require the agency to
administer its provisions, the agency shall submit to the City
Council a list of such ordinances and resolutions within ninety
(90) calendar days of the date of enactment of this Chapter. The
Council shall amend each such ordinance and resolution so as to
include a new section which reads as follows:
"RULEMAKING - The [agency], as an agency in the City,
according to the definition in Section (a) of
the Municipal Code, shall have the power and duty, from
time to time, to adopt, publish and enforce rules not
inconsistent with law for the purpose of carrying out the
provisions hereof, and it shall be unlawful to violate,
or fail to comply with any such rule."
Each City agency, upon such amendment action by the City
Council, shall be empowered to promulgate rules in conformity
with the requirements of this Chapter. All future laws enacted
by the Council shall include language providing for agency
rulemaking when necessary to allow administration of such laws,
and each agency so empowered shall adopt those rules necessary to
regularize its procedure and the implementation of municipal
laws.
SECTION 5: AGENCY PROMULGATION OF RULES - Upon the
reduction to writing of those agency procedures, policies,
regulations, and standards in existence at the date of enactment
of this Chapter in the form of proposed rules, and prior to the
adoption, amendment, or repeal of any rule in the future, the
agency shall give public notice of its intended rulemaking action
by:
1. First class mailing or delivery to the address
specified by any person who has made written request therefor,
which shall be filed with the agency and renewed annually, and
posting of copies of notice in Bremerton City Hall. A
publication of notice in a newspaper of general circulation in
the City shall be required only with regard to the initial
promulgation of agency procedures, policies, regulations, and
standards as rules as required in Sections 2 and 3 of this
Chapter. Notice shall include:
a. A reference to the authority under which
such rule(s) can be proposed;
b. An accurate description of the substance
of the proposed rule(s) or of the subjects and
issues involved;
c. A statement indicating the availability of
the written text of the proposed rule(s) at the
office of the City Clerk for public inspection and
copying upon payment of reproduction costs; and
d. A statement indicating the manner in which
interested persons may present data, views, and
arguments in written form to the agency in regard to
the proposed rules.
Though the agency may find that a public hearing and oral
presentations on the proposed rule(s) is unnecessary or
impracticable, if the agency decides to hold a hearing and allow
testimony, it shall publicly post and cause to be published
notice of the proposals in the manner and form hereinabove
prescribed at least fourteen (14) calendar days prior to the
scheduled hearing, except that included with such repeated notice
shall be a statement of the time and place of the hearing.
2. Circulation of the entire text to other agencies in
the City for review and comment. Any comment shall be submitted
in writing to the agency proposing the rule(s), which shall be
responsible for preparing a concise statement of the principal
reasons for and against the adoption of the rule(s) as proposed,
incorporating therein its reasons for over-ruling the
considerations urged against adoption of the rule(s) as proposed.
Such statement shall be transmitted to the relevant commenting
agency prior to adoption of the rule(s).
The agency proposing to issue a rule shall consider fully
all written and oral submissions respecting the rule. Not less
than fcurteen (14) calendar days after public notice of the
intended agency rulemaking action is first given, the agency may
act to adopt any proposed rule(s) or amend or repeal any existing
rule(s). The agency need not hold a public hearing and allow
oral presentations of data, views, and arguments with respect to
the intended agency rulemaking action if it determines that such
a proceeding is unnecessary or impracticable. The adoption,
amendment, or repeal of a rule by an agency need not be based
upon or supported by an evidentiary record.
A certified copy of an agency rule shall be filed and
indexed as a public record with the City Clerk as a part of the
Bremerton Administrative Code within six (6) working days of the
date of their adoption and shall be made available for inspection
and copying upon payment of reproduction costs when City
administrative offices are open for normal business. The
effective date of any agency rule shall be on the date of its
filing.
SECTION 6: PETIT£ON FOR RULEMAKING - Any interested person
may petition an agency requesting the adoption, amendment, or
repeal of any rule. Each agency shall prescribe, by rule, the
form for such petitions and the procedure for their submission,
consideration, and disposition.
A petition for repeal of a rule will be denied unless it is
demonstrated with specificity that the challenged rule is
defective for one or more of the following reasons:
1. The rule violates constitutional provisions;
2. The rule exceeds the authority of the agency
granted by City Char%er, resolution or ordinance; or
3. The rule was not adopted in compliance with
those rulemaking procedures required by this Chapter and
any other ordinance.
A challenged rule will not be deemed invalid solely because it
was adopted without compliance with applicable rulemaking
procedures after a period of one year from the date the rule was
filed with the City Clerk, if the agency attempted to comply with
those procedures and its failure to do so did not substantially
prejudice the interests of the parties.
Within thirty (30) calendar days after the submission of a
petition, the agency shall either deny such petition in writing
(stating its reasons for the denial) or initiate rulemaking
proceedings concerning the subject of such petition in accordance
with Section 5; except, that a petitioner may oblige the agency
to initiate rule-making to adopt as a rule any procedure, policy,
regulation, or standard whose actual or threatened application
interferes with or impairs the legal rights or privileges of the
public.
SECTION 7: EMERGENCY ACTION - Where an agency finds that
immediate adoption, amendment, or suspension of a rule is
necessary for the immediate preservation of the public peace,
health, safety, or welfare and the observance of the requirements
of notice and opportunity to present data, views, and arguments
prior to the proposed action would be contrary to the public
interest, the agency may dispense with such requirements or give
any abbreviated notice or hearing that it finds practicable
before undertaking such rulemaking action as is necessary. The
adoption, amendment, or suspension of a rule under emergency
circumstances is effective upon filing with the City Clerk and
shall be accompanied by a statement of the facts upon which the
findings of an emergency and necessity are based.
The adoption, amendment, or suspension of a rule under this
Section shall be effective for a period of not more than sixty
(60) calendar days unless the rule-making requirements set forth
in Section 6 have been complied with within this time period, or
unless there has been a more limiting statement placed within the
rule itself. A rule temporarily suspended shall regain
effectiveness upon expiration of the sixty (60) day period unless
the rule is repealed pursuant to Section 5. This emergency
section does not relieve any agency from compliance with any law
requiring that the adoption, amendment, or repeal of a rule be
approved by the City Council before it becomes effective, nor
shall any action be taken under this Section which affects any
pending case before a judge or appeal of an agency decision
before a hearing examiner.
SECTION 8: DECLARATORY RULING - On petition of any
interested person, the chief administrative officer or director
of any agency may issue a declaratory ruling with respect to the
applicability to any person, property or state of facts of any
rules, policies, regulations, standards, procedures, resolutions
or ordinances enforceable by the agency. Such petition shall be
considered and granted or denied in accordance with the agency's
promulgated procedural rules for submission, consideration, and
disposition of such petitions. A declaratory ruling is binding
between the agency and the petitioner on the state of facts
alleged, unless it is altered or set aside by a court.
Prior to agency action to formally adopt as a rule or
dispense with by default of action any unwritten procedure,
policy, regulation, or standard in compliance with the provisions
of this Chapter, any individual, partnership, corporation,
association, or public or private organization of any character
whose rights or liabilities are or may be significantly affected
by the agency's application of such procedure, policy,
regulation, or standard to the affected party, its property, or
to any state of facts may require by filing an agency form that
the chief administrative officer or director of the agency:
1. Specify in a declaratory ruling which procedure,
policy, regulation, or standard o~ the agency is deemed
applicable to the circumstances forming the basis for the
inquiry; and
2. Reduce such procedure, policy, regulation, or
standard to writing for the purpose of public inspection.
SECTION 9: DECLARATORY JUDGMENT - The validity of any
agency rule may be determined upon petition for a declaratory
judgment thereon addressed to the Kitsap Superior Court when it
appears that the rule, or its threatened application, interferes
with or impairs or immediately threatens to interfere with or
impair, the legal rights or privileges of the petitioner. The
agency shall be made a party to the proceeding. The court shall
declare the challenged rule invalid only if it finds that it
either violates constitutional provisions or exceeds the
authority granted the agency by City Charter, ordinance or
resolution or was adopted without compliance with those
rulemaking procedures required by this Chapter and any other
applicable ordinance. The court shall not declare a rule invalid
solely because it was adopted without compliance with applicable
rulemaking procedures after a period of one year of the date the
10
rule was filed with the City Clerk, if the agency attempted to
comply with those procedures and its failure to do so did not
substantially prejudice the interests of the parties. Judicial
review of the contested rule shall be limited to an examination
of the rule under review, the ordinance provisions authorizing
the rule, and copies of all documents necessary to demonstrate
compliance with applicable rulemaking procedures. The
declaratory judgment may be rendered whether or not the
petitioner has first requested the agency to pass upon the
validity of the rule in question.
APPROVED~ by the City Council on the first readaing this /~
day of ~ , 19
PASSED by~e City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage this ~ day of --~~_ , 198~.
MOllIE DAWKINS, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
11
Cit3 'o BremertorL
William H. Broughton 239 FOURTH STREET
City Attorney
BP, EM ERTON, WASHINGTON 983
Mary Killian (206) 478 - $345
Asst. City Attorney
Lorna S. Corrigan CITY ATTORNEY'S OFFICE
Asst. City Attorney
Jane Ryan Koler
Asst. City Attorney
March 26, 1985
TO: City Council
FROM: City Attorney
RE: Administrative Procedures Ordinance
These proposed ordinances setting forth an administrative
procedure for the City of Bremerton on the making of rules and on
setting forth a Hearing Examiner system are being presented to
Council initially for informational purposes. After explanation
and discussion of these ordinances, they will be brought back for
pa~,sage on first reading.
WHB: jc
Gateway to the Olympics and Home of the Puget Sound Naval Shipyard
EXECUTIVE ORDER 1
· MAYOR'S EX£CUTIVE ORDER
REGARDING
INT£RNAL MANAGEMENT DIRECTIVES
lo.maS ~uSe-mak~ng ~eq~emen~e. $~oh d~eo~ee ~eeut~ ~n ageno~
ashcan arresting ~he agenoH'e sun off~oe~e o~ ~te emp~ogeee or
o~he~ agencies u~th~n the ¢~ goue~nment, b~ uh~oh do not
e~ba~ant~a~g affect t~e ~ghte o~ ~ab~Z~t~ee of the p~b~o.
effeot, ~nte~naZ management d~eot~uee do not e¢~he~ eetabt~eh
~equ~temente that p~oate pantie8 ~ouZd need to kno~ tn otde~
oonduo$ ~bei~ dog-to-dog affai~8o o~ est fo~th ang e~epe that
p~oa~e patties ~outd n~ed to take in otdet to p~eeent
fo~ agenaM decision.
In ~he ~¢tg of Bteme~ton~ ~hen ~n~e~naZ mana~eaen~
ha~e had p~ma~gg ~nts~-ag~noy appgioabtg~tg, up untit the
time them ha~e gene~attg been documented and inotuded etthe~ in the
e=¢at~ng ~otto~ee and P~ooeda~ee Nanuat o~ ~n the off~oiaZ
Ho~e~e~ sometimes auoh d~eatiose ba~e e~mpg~ been ~eduoed to
~iting and set to affected ag~noi~e ~n the fotm of memo~andao
ha~e taken ~he fo~m of o~at' aommuni~atione o~ unde~e~andinge
b~t~een and among ag~no~a.
ghen ~nts~nat management di~a~e haoe had p~ma~t~ ~n~a-
ag~no~ apptioabiZ~ty, they hav~ not at,aye been a pa~t of a
coherent a~atem of format ~at~;~n~ o2~ off~oa pottages and
o~tat~ng p~o~u~e that the ieaulng agena~ has
ptoautgatad ~o~ the guidance of ~t~ o~n o~oe~8 and empto~eea.
· o~ baa each ageno~ ieeu~d e~ptiolt inet~uot~ona to ~ pereonn~t
in the ~o~m of job d~ea~iptlone, ~zpZaCn~ng tn euf~o~ent
the du~ea attendan~ ~th each of its
~be e~eou~oe b~anob of the gooe~nment of the ~
~aogniaes that a mo~e e~etama~ia agenog managemen$ and
uttg~ate~¥ ~eeut~e in a hCgha~ degree of ~ea~onei~eneaa to
at~aen~g. Aooo~d~n~t~ a k~ and continuing goagof any goo~nmant
ough~ to be the p~omot~on of ~ta o~n mo~e eff~o~en~ funotionlng. Xn
~eeg¢ng ~¢tb th~a gntsnt and ep¢~i~ I ~toota~m $he
a=aoatgoe o~de~ es that appropriate action may be taken b~
admin~et~atioa agenog ~b~oughout the gooe~nmen~ of the ¢~ of
ARTICLE I .- .DIRECTIVES HAVING INTER-AGENCY APPLZCABILITY
All ex£st~n~ ~nte~nal management d~eot~vel in ghateve~ fo~m~
W£th th~ exoeptio~ of those p~esently mak~n~ up the City's
and P~ocedu~es manua~ ~hi~h a£feo~ ~he func~onin~ of othe~ agen~e
~£th~n City government must be ~educed ~o~tLnE ~£ not already ~n
that fot~a&nd o£~Cul&ted g~th~n sLxty (60) c&~endl~ days of the date
of th~s executive o~de~ to the heads of such othe~ affected agencies
,ffo~ ~eviev and commen~. Subsequen~ to ~he da~e of this executive
orde~ vhen an ordinance vould .requLre ~he pr0BulKation of d[~ec~[ve
fo~ ~tl-~ple~n~at~on~ the City agency o~ agencies designated in
o~d~n~ce ~o effectuate ~mplemen~a~on shal~ co~en=e
4pp~op~4~e d~ec~ves upon passage of ~he o~din&noe by ~he C~y
mutt bi OL~Ou/&~ed to o=he~ agency heads fo~ ~eviev and co~en~
vLthLn s~x~ (60). calenda~ days of ~he da~e ~ha~ ~he ~elevan~
o~d/~Qe w4s enacted. Extension of ~he 8~x~y-day
peml~ fo~ p~epa~a~ion of w~i~en directives w~ll only be pe~mi=~ad
EaQh ajency head receiving proposed d~rec~ve(8) ~s ~espons~b~e
not exceed forty-five (#5) calendar .days from the date that the
4irective(s) was received from the issuing agency until the date
relev&~Z~'comments are transmitted to the issuing agency. If
another agency head advises that the proposed directive be modified
or not ~b adopted, and the head of the agency p~oposing
4L~eo~LYe LB ho~ Ln aoco~d with the suggestion, both agency heads
shall meet in conference with the Mayor for,a resolution of the
differin~ positions at the earliest time mutually convenient to
the pa~ties. If, however, no other agency offers comments to the
issuing agency which are critical of the directive(s) as proposed,
the directive(s) shall be submitted to the Mayor for his review
at the termination of the forty-five (~5) calendar day agency
review and comment period. When a directive with inter-agency
applicability has been developed in a final form acceptable to
the Mayor, it shall be formally approved by executive omder. A
resolution by the City Council adopting in~ernal management
directives shall not be required.
ARIICL~ II -- OFFICE POLICIES AND OPERATIN~ PROCEDURES - JOB
DESCRIPTIONS
Each City agency head shall be responsible for defining in
comprehensive written form all office policies and operating
procedure~ in existence at the effective date of this executive
order~ and shall do so within ninety (90) calendar days of the
date of the order. All such policies and procedures shall be
retained as an office record in the agency's own Administrative
Policies and Pmocedures Code manual. Any additions or amendments
to these policies and procedures must also be.~ocumented and
filed in the same manner.' The office copy of the manual shall
also contain ~ob descriptions for each position in the agency,
explicit instructions to agency personnel explaining in detail
the duties each cit~ officer and employee is expected to
discharge. All such'internal management directives with strictly
intra-agency effect shall not require approval by executive order
in order to take effect.
AR~ICLZ III -- DISSEMINATION AND OFFICIAL RECORDATION OF DIRECTIVES
All in~ernal management directives requiring approval by.
executiv~ orde~ before going into effect shall be filed and
indexed as an officiai record with the Office of the City Clerk
within fourteen (1~) calendar days of obtaining such approval,
and copies of each directive will be distributed to every City
agency for inclusion in its respective C~ty Administrative
Policies and Procedures Code manual as promulgated by the City
clerk pursuant to the Administrative Procedures Ordinance.
Any directive having primarily intra-agency e~fect as a
m~&~emen~ ~f office policy or operating procedure or as a job
description shall not be given general distribution, but shall
instead be made a part of the issuin~ agency's own'Administrative
Policies and Procedures Code manual, and filed and indexed as an
official Ncord with the Office of the City Clerk.
ARTICLE IV -- NO RIGHT TO PUBLIC HOTICE OR ~EARI~
IZ ~n internal m~nasement directive issued by an agency uould
~elul~ tn
liabilities of
ARTICLE V
Each C~y asenoy shall be ~equ~d ~o coiply ~ith and enforce
~he p~v~sions se~ out ~n ~cs o~n copy of ~he ~inis~ac~ve
Pol~e~il and P~cedu~e8 Code manual
the o~a~on of ~ha~ asency.
EXECUTIVE ORDER 2
MAYOR'S EXECUTIVE ORDER
REGARDING
IMPLEMENTATION OF ORDINANCES AND RESOLUTIONS
BY CITY AGENCIES
The Cit~! of Bremerton's Administrative Procedures Ordinance
(O~dinance _~) requires that the head of each City agency examine
the operation of ,~.~ agency and those ordinances and resolutions
both which substantially a~fect the interests of the public and
which ~e agency ~s been given the responsibitity for implementing.
The agency head is then directed to develop ~y~Ctten rules detailing
the agency's m~hod of ~plementing those ordinances or resolutions.
Over and above the requirement that agencies prepare such 'rules'
of implementation, each agency head should properly extend the scope
of I~Ls revi~ to encompass the provisions of all ordinanc~ and
resolutions which I~is agency has been given authority b~! l~ to
a~nister, not merely those provisions which substantially affect
the interests of the public.
The purpose of such an add~onal a~inist~ve requirement
is to ensure that the City agencies have not and will not modify
the specific intent that the CIO_! Council had whenever it enacted
particular legislation. Such modifico~ion can occur if an agency
carves out unwritten agency procedures, poli~s, regulations, or
~tandards w~ich var!! the provisiol~ or go far beyond the mandate
of t~¢. ordinances and res olwtio ns which the agencies I~ve been
charged to administer. The courts in Washington ~ve made it
clear that an agency may not legislate in this manner; the
legislative function is preserved for the City Council itself.
W~Lle the City Council may l~fully delegate administrative
authority to an agency by ordinance or resolution, the exercise
of agency! discretion ~n the implementation of Council legislation
must be strictly channeled by ~ormal rules and i~ternal
management d~ectives to ~revent u~$~awful agency legislating.
The executive branch of the City of Bremerton intends that a
reduction to written form m~d systematic organization of all
e~xlsting agency procedures, policies, regulatio~.~, and standards
designed and used to implement ordinances and resolu~ons wi~
make certain that agency activity is proper and consistent.
In keeping wdth t~ i~.~e~t and spirit, I proclaim the
following executive order so that appropriate action may be
takem by every administrative agency throughout the
government of the City of Bremerton:
ARTICLE I -- REQUIREMENT OF AGENCY REVIEW AND REVISION PROPOSALS
REGARDING CITY ORDINANCES AND RESOLUTIONS
The head of each City agency shall institute a process of
review of those ordinances and resolutions which by t~eir terms
the agency has been assigned the responsibility for implementing
an~, in cooperation with the City Attorney, each agency shall
prepare proposed ordinance or resolution amendments for su~nission
to the City Council to remedy existing provisions %~ich appear
out~ated, inter3nally inconsistent, ar~biguous, burdensomely
detailed, or otherwise defective. The schedule for preparation
and s~)mission of such amendments shall be developed by each
agency head and shall reflect the magnitude of the job, budgetary
constraints, and other agencypriorities, but sl%all not exceed
one h~ndred eighty (1~0) calendar days from the date of ~is
Executive Order.
ARTICLE II -- REQUIREMENT OF ADOPTIO~ OF RULES OF IIqPLEME!~TATIOtl
P%nrsuant to the requirement in Section 3 of tb~ rule-making chapter
of the Administrative Procedures Ordinance that the head of each City
a~ency shall develop written r~lles detailing his agency's n~thc~ of
implementing ~hose ordinances and resolutions both which substantially
affect tha. interests of tb~ public and which the agency has been given
the responsibility of so implementing, all agencies of th~ City as
defined in the Ordinance shall issue such rules within one hundred
eighty (190) calendar days of the enactment of the Ordinance, unless
otherwise provided therein when such ordinances appear out-dated,
internally inconsistent, ambiguous, burdensom~ly detailed, or
otherwise defective.
ARTICLE III -- INTERNAL MANAGEMENT DIRECTIVES IMPLEMENTING RESOLUTIONS
AND ORDINANCES
Whether or not an agency submits proposed resolution or ordinance
amendments to the City Council p~suant to Article I of this E~cutive
Order, the agency shall be required to reduce to writing those agency
procedures, policies, re~c~lations, or standards in existence at
date of issuance of this Order which implemant any municipal resolutions
or ordinances and which do not substantially affect the interests of the
public. If such procedures, ~licies, regulations, or standards affect
by their application the functioning of ot]~er City agencies, they shall
be circulated to other agencies in tt~ form of proposed internal
management directives and shall require the approval of the Mayor in
accordance with t2~e provisions of Article I of F~xecutive Order 1,
entitled, "Mayor's Executive Order ~egarding Internal Managament
Directives." Those procedures, policies, regulations, or standards of
an agency whose purpose is to implement particular resolutions or
ordinances and which solely concern the agency's own office policies
and operating pr~_dures and only affect the agency's own officers
employees shall be adopted purs%~nt to Article II of F~ecutive Order I.
If an agency does submit proposed resolution or ordinance an~ndments
to the City Council and the Council adopts such arma. ndmsnts, the agency
shall ~ce drafting new internal management directives whose
contents reflect the substance of this change in municipal law. These
directives will replace ~ny directives previously adopted as hereinbefore
required in tkis Article if such subsequent directives were properly
adopted in turn in accordance with the provisions of either Article I
of Exes]rive Order 1 if inter-agency in effect or Article II of Executive
Order 1 if intra-agency in effect.
If the final action of the City Council is a refusal to adopt any
or all of the awendmants to existing resolutions or ordinances proposed
by an a~ency, such action by the Council shall confirm the substance of
those agency procedures, policies, regulations, or standards in
existence on the date of this Executive Order which were reduced to
~riting as directives and adopted as hereinbefore required in this
Article and in accordance witch the provisions of either Article I of
Executive Order 1 if inter-agency in effect or Article II of Executive
Order 1 if intra-agency in effect.
~ven nde .. hand and the seal of the City of Bremerton this
/~-- da~ o~ ~-~ , 1985.
EXECUTIVE ORDER 3
MAYOR'S EXECUTIVE ORDER
REQUIRI~IG
FORMAL ADOPTION OF PROCEDURAL RULES
BY ALL CITY AGENCIES
~ecau~e of the possibility of the ~.~ubl~c perceiving City agencies
as actdng autonomously and arbitraxily when ca~ying out thei~ functions
and respo~ibi~es if a complete written description of such functio~
and r¢~ponsibl2~ies ~ not made available to provide adequate
explanation to the public, and because of the danger of inco~,~istemt and
arbitrary action by agencies in the~ dealings with the public if there
are no governmei~t rules to i~rovide guidance, the executive branch of the
Cit~! of ~remerton recognizes the necessity o~ each City agency issuing
rules of procedure in accordance with the requirements of the
Administrative Procedures Ordinance (Ordinanc~_~l. The formal
adoption of procedural rules is intended to foster better public
understanding and cooperation wi~h the City government as well as better
ag enc U management.
In keeping with th~ intent and spire't, I procl~m the follow, Lng
~xecutive order so that appropriate action ma!~ be tauten by every
admi~z'str~.ve agenc!! throughout the govern~ent of the City of Bremerton:
ARTICLE I -- REQUIREMENT OF ADOPTION OF PROCEDURAL RULES
Pursum~t to the requireJ, ent in C~apter 1, Section 2 of the
Administrative Procedures Ordinance t~'~t each agency s~hall issu~~.
~,~r~.'aten proce(~umal ~3].es gescribing its organiza ion, stating
.~xPtJ~ the general and resolution or ordinance-st~.cific course and
n~thod of those of its operations which significantly affect the
public, ~nd the methods whereby the public n~y obtain information
and ~-~ke submissions and recp~sts, all agencies of the City as
defined in the Ordinance shall issue such rules witJ~in ninety (90)
calendar days of the enactment of the Ordinance unless otherwise
provided therein.
ARTICLE II -- SCOPE OF PROCEDURAL RULES
Procedural rules shall be strictly confined in their scope
to the limits of an agency's operational interface wit3~ the
public, though such rules shall include an outline of any
required reviews, clearances, and forms that may be required by
or ~rom more than one City agency.
ARTICLE III -- JOINT AGENCY DEVELOPMENT OF RULES
Procedural rules having inter-agency applicability, because
two or more City agencies must work together in order to accomplish
a particular municipal function, st~ll be jointly developed by tl~e
agencies which are so affected. The final product of this joint
effort shall be separately issued by ead~ affected agency as one of
its own rules, though a rule under these circumstances may only be
deemed a final product with the concurrence of all affected agencies.
Notice and hearing, if any, shall be jointly given. The Mayor may
assist in resolving any lack of consensus.
ARTICLE IV -- DISSEMINATION OF PROCEDURAL RULES
Upon sutanittal by an agency of a written certified copy of the
final form of a procedural rule to the City Clerk after formal
rule-making, the rule shall be filed and indexed as an official
record and copies thereof shall be distributed to all City agencies
for inclusion in each agency's Administrative Code manual.
Given under my hand and the seal of the City of Bremerton tI~s /~ da!~ of ~//~ , 1985.
~IORRIE DA0~KINS, Mayor