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HomeMy WebLinkAbout2226 RESOLUTION NO. 2226 A RESOLUTION setting forth amendments to Articles V, IX, XII, XV and XVI for submission to the voters of the, City for approval, ratification, or rejection at the 1988 general election. WHEREAS, the City Council by Resolution 2210 established an Ad Hoc Committee to make recommendations to the full City Council on necessary changes to the Bremerton City Charter, and WHEREAS, the Committee after reviewing numerous proposed changes at several meetings has proposed six (6) changes to be submitted to the electorate on the November ballot; now, therefore THE CITY COUNCIL OF THE CITY OF BREMERTON RESOLVES: That the changes set forth in Exhibit "A" attached here to and incorporated heroin by this reference shall be submitted as proposed amendments to the Bremerton City Charter and placed on the November 8, 1988, ballot for approval or rejection by the City electorate. PASSED by the City Council of the City of Bremerton this 7th day of September, 1988. HANK WAIBEL, President APPROVED this 14 day of September, 1988. GENE LOBE, Mayor ATTEST: KATHLEEN L. MCCLUSKEY, Clerk APPROVED AS TO FORM: IAN SIEVERS, City Attorney PROPOSED GENERAL ELECTION BALLOT TITLES: Add a section to the City Charter requiring the removal of an elected 9fficial upon a plea of guilty to a felony. Modify the City Charter to require all members of City boards and commissions established by ordinance or charter to be residents of the City, unless otherwise stated in the ordinance or charter. Revise the Finance Section of the City Charter to summarize the original charter language and to reflect State law and the Mayor-Council form of government. Add a procedure to the City Charter for filling a vacancy of the Mayor and modify the City Charter to clarify the procedure for filling the vacancy of a Council member. Modify the City Charter to delete the City Attorney as a voting member of the City Audit Committee and add a Bremerton citizen as the fifth member of the Committee. Modify the City Charter to allow the City Council to change the waiting period for a nonemergency ordinance from 30 days to no less than 10 days· yes/no. yes/no· yes/no· yes/no. yes/no yes/no. PROPOSAL 1: REVISION OF THE VACANCIES SECTION SBeT}eN-~---¥eeene~es: The'off~ee-of-anY-e~eee,ve-off,ee=-sha~}-be-deemee~_veeane_en_eese ~f'fe~ure-eo-que~fY-w~eh~n-ewo-days-efeer-~he-be~nnin~_oe_ehe ee=m'eor-wh~h-he-wes-e~e~eee~-o=-br-reasoa-~e_his_dee~A~ res~na~onT-~emevai-erom-oef~eeT-remeve~_erom_~he_e~y~ eeneinueus-ebsenee-f~em-ehe-e~ey-eor_more_ehan_eh~rey_days_dur~na a'~e~oaY?-~neemPe~eaey-~ud~e~s~y-dee~a~ed?-e~_~he_eeeurrenee_o~ anY-eeher-even~s-whieh-are-dee~ared-by-6~a~e_baw_~o_erea~e_a 1 vaeancY:"~n'~he-even~-e~-an-ex~ended-absence-or-d~sabi~y_o~_a 6°unc~'member~-~he-remain~n~-members-o~-~he-eounc~_by_a ma~°~Y'~o~e~'ma~-aPPoin~Va-eoune~-member-pro-~emp6re-~rom_~he resPee~e'd~s~r~c~-~o-ser~e-du~n~-~he-absence-~r-d~sab~:_ ~'anY'e~ee~e~o~cer-sha~-be-absen~-~rom-~he-e~_more_~han ~h~r~'da~s'~n-an~-ca~endar-~ear-wi~hou~-~he-consen~-o~-~he eeunei~7-un~ess-en-bus~ness-o~-~he-e~yT-h~s-ss~a~y_sha~_be c~rresP~nd~n~Y'dim~n~shed:--~-vaeaney-oeeurr~n~-o~herw~se_~han bY'~eea~'er'bY-~es~na~ion-a~er-reca~-pe~on-~s-~ed~_sha~ be'~i~ed'b~'aPPe~nemene-by-ehe-e~ey-eeu~e~-un~ess-ehe_unexp~red eerm'be'ewe-rea~s-e~-~enfer:--~n-ehae-easeT-~e-sha~-be_~ed_b~ a'sPee~aJ'e~eee~enT-whjeh-sha~-be-he~d-w~ehin-s~xe~-days_a~eer sueh'~aeaae~-eeeu~s:--~-a~eer-eh~rer-da~sT-ehe-eeune~_~s unab~e'ee'af~ee-uPen-a-pe~sen-~e-be-appe~n~ed-~e-~i~_a_~aeane~ ~n'~he'eounc~7-eoaae~-sha~-subm~-~he-names-ef-~wo_eounc~ n°m~nees'~o-~he-MaYorT-who-she~-make-~he-appein~men~_of_~he e6une~'membeF'P~o-~empore-f~om-~hose-names-subm~ed:--A_vecancy °~eurr~a~'bY-reea~-o~-by-~es~ma~ea-a~e~-re~a~_pe~i~n_~s f~e~7'she~'be'f~ed-bY-spee~a~-e~ee~ioaT-wh~eh-sha~-be_he~d w~h~a's&xeY-daYs-a~er-sueh-vaeaner-oeeurs?--~n-ehe_even~_ehae ~here-are-mere-~han-feu~-vaeane~es-~n-ehe-e~y_eeune,~7_wh~ch_are requ&red-~o-be-f~ed-by-an-e~ee~onT-ehe-eeveFne~_she~_be ~eques~ed-~o-~empe~ar~y-f~-sueh-vaeane~es~rem_qua~ed e~ee~e~s'~es~n~-w~h~n-~he-e~y-ef-Bremer~on-un~_~here_~s_e quoFum-~n-ehe-e~ey-eounei~7-ee-wh~eh-~me-~he_eiey_eoune~_sha~ ~mmed~a~e~Y-ee~-e-speeia~-e~ee~on-~o-permanen~y_~_sueh vacancies= [SECTION 7.1 - Vacancies, Events Creatina: The DOsitiOn Of an elected?officer shall become vacant UDOn the occurrence of any of the followina events. 1. Death. 2. Resianation. 3. Judicialiv declared incomDetencv. 4. Failure to maintain residency as reuuired by charter. 5. Failure to aualify within two days after the beainnina of the term for which he or she was elected. 6. Continuous absence from the city for more than 30 days durin- h~s or her term of office without consent of the city council. unless on business of the city. 7. Conviction of or the -lea of auilty to a felony. SECTION 7.2 - Vacancies, How Filled: a, Mayor: A vacancy in the office of the mayor shall be filled by appointment by the city council but such auDointee shall hold office only until the. next General Election, at which time a person shall be selected to serve the remainder of the unexDired term. b. City Council: In the event of an extended absence or disability of a council member, the remainina members of the council, by a maiority vote, may aDDOint a council member DrO tempore from the respective 3 district to serve-durina the absence or disability. A vacancy shall be filled by aPpointment by the city council but such appointee shall hold office only until the next General Election, at which time a person shall be selected to serve the remainder of the unexDired term. If, after thirty days, the council is unable to aaree u~on a person to be a~Dointed to fill a vacancy in the council. council shall submit the names of two council nominees to the mayor, who shall make the aPpointment of the council member DrO tempore from those names submitted. In the event that there are more than four vacancies in the city council, which are reauired to be filled by an election, the mayor shall i~ediatelv call a special election to permanently fill such vacancies.] PROPOSAL 2: CHANGE WAITING PERIOD FOR ORDINANCE TO TAKE EFFECT SECTION 16 - Ordinances - When Effective: Ordinances making the annual tax levy, ordinances relating to local improvement assessments, ordinances making appropriations, and [emer-encv ]ordinances containing a statement of their urgency [and passed by unanimous vote ],shall take effect immediately upon their .passage and publication. All other ordinances enacted by the Council shall take effect thirty days after the date of their passage and publication, unless [an earlier date at least 10 days after Dassaae and publication or] a later date is fixed therein, in which event they shall take effect at such }eee~ [fixed] date. PROPOSAL 3: BOARDS & COMMISSIONS - MEMBER QUALIFICATIONS [ARTICLE IX.I Boards and Commissions SECTION 40 - Member Residencv Reauirement: All members of boards and commissions established by ordinance or charter shall be residents of the city unless otherwise provided bv ordinance or charter. Any member of a board and commission established by ordinance or charter who is not a resident of the city at the time this provision takes effect shall serve out the balance of the term for which he or she was aDDointed.] 4 PROPOSAL 4: REVISION OF THE FINANCE SECTION k ARTICLE V Bepe=~mene-o~ Finance SECTION 23[ - Oraanization]l a. The Mayor shall have charge of ehe-deper~mene-o{-finance and shall be responsible for the custody [and management of city assets] o~-e~-~unds-end-mon~es. [The mayor shall appoint the city treasurer subiect to confirmation by the city council. The treasurer shall aive such bond as required by the city council.] He-she}~-be~ex-e~e~e-~reesurer-e~-~he-e~y?-he-she}~-kee~-sueh aeeeun~s-end~meke-sueh-reper~s-and-per~orm-such-~eher-du~es-es ere-Prescr~bed-by-eh~s-ehereer-er-by-erd~nanee:--He-she~ des~ne~e-ene-e~-h~s-essisean~s-es-eh~e~-ess~seene-and-as-e~y ~eesurer:--He-she~-have-eher~e~-supervis~on-end-eon~ro~-o~-e~ Piers~-deeks~-wharves~-and-mun~e~pe~-bu~d~ngs-end-e~-mun~e~pe~y owned-cemeteries: b. There shall be an Auditing Committee comprised of the Mayor, two City Council Members to be designated by the City Council, and an independent consultant and Bremerton resident each of whom shall be selected by the other members o~ the Auditing Committee. The Auditing Committee shall appoint a City Auditor who shall serve at the pleasure of the Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as..& whole.] SECTION 23,1 - Powers: The city sha~l have the Dower to law and collect taxes, incur indebtedness, sell bonds, deposit funds, invest funds, prepare the budact and enaaae in other activities related to finance as provided by state law, The city council may by ordinance further provide for the establishment-of DOliCieS directinn financial affairs of the city, said ordinance to be consistent with state law and with other provisions of this charter,] SEeT}eN-~4~ Presen~men~-~heY-sha~-be-s~emped-by-~he-ei~-~reesurer-wi~h-~he da~e'o~'Presen~men~7-w~h-~he-no~e~on-~No~-pa~d-~or-~aek-o~ ~unds~7-and-~heree~er-sa~d-werran~s-sha~-beer-~n~eres~-e~_~he re~e'of'sueh-Percen~-per-annum-as-~he-merke~-requ~res: SECTZON 25[ - Receipt, Cus~ody, and Disbursement oZ Funds]Z [All revenues accruina to Or belonaina to the city shall be under the control oZ the council. All payments authorized by the council shall be by warrants drawn upon the treasurer, sianed by the mayor and city clerk, The City Treasurer shall receive [and kee~] all monies due and belonging to the City, and all trust ~unds held b~ the City, and shall keep an accurate detailed account o~ the same in such manner as to show the exact ~inancial condition oZ the City. [The ~reasurer shall open and keep separate and distinct accounts ~or each ~und as required by state law. The city treasurer shall at the close o~ each month re~ort to the city council all the monies received and disbursed durina the month.] He-she~-make-a-eemp~e~e-i~em~zed-reper~-~o-~he eeu~e~-nee-~e~e~-ehan-~he-~5~h-dey-ef-~he-men~h-~o~ew~n~_e~ mea=es'reeeived-ead-Pe~d-eue-b~-h~m-dur~af-ehe-preeed~f-meaeh~_ Se~d'~reesuFe~-she~-~ve-~o-~he-e~erk-e-da~iy-s~a~emen~-o~-bank be~eaeeT-ef-e~Y-men~es-and-el~-men~es-en-haad:--He-she~-noe ~eaa'enY-o~-~he-funds-oF-o~herw~se-d~spese-of-~he-same~-exeep~-~n aeeordsnee-w~h-~aw:--He-sha~-keep-s~-funds-end-be-~espens~b~e ~he~efor'and-sha~-~ePes~-~he-same-~n-one-~r-mere-banks-ef-~he e~Y'of'B~eme~on-sub~ee~-~e-~he-baws-o~-~he-6~e~e-of-Wash~n~on end'anY'~u~es-and-~e~u~a~ons-wh~eh-~he-eounei~-mey-preser~be:- ~mmed~s~e~Y-ef~er-~he-enaua~-~ex-~evy7-~he-Treasurer-shal~-epen ead'keeP'sePe~e~e-end-dis~ne~7-eeeeun~s-wi~h-eeeh-spee~e~-fan~ mede'aeeessarY-by-~ew-end-sha~-ered~-sueh-funds-w~h-~axes eei~ee~edT-end-~he-seme-she~-reme~n-se-eFed~ed-end-she~_be Pe~d'ea~'on~r-~n-~he-Parmen~-of-we~ren~s-drawa-e~a~ns~-sa~d-fund: [SECTION 25,1 - Use oZ Funds:] All Zundsvoted by ~he people, by special tax or otherwise ~or a special purpose, shall be used ~or that purpose and Zor no other, and no ~unds shall be diverted ~rom the purpose ~or which it was originally assessed, collected or voted by the people without the proposition ~he~efe~-~s [havin- been] submitted to a vote oZ the people and authorized by a~ least a majority vote at either a special or general election*--The-e~y-T~easurer~-eppein~ed-by ~he'MeYo~7-sha~-g~ve-s~eh-bend-es-requiFed-by-~he-eoune~: