HomeMy WebLinkAbout2559 RESOLUTION NO. 2559
A resolution setting forth amendments to the City Charter for submission to the qualified voters of
the City for approval or rejection at the general election to be held November 5, 1996.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON:
1. That the Kitsap County Auditor be requested to call a special municipal election to be held in
conjunction with the general municipal election of November 5, 1996, for the purpose of submitting
to the electors of the city of Bremerton the following amendments set forth as Proposed Bremenon
Charter Revision, attached hereto as Exhibit A and incorporated by reference herein.
2. That the Charter contains certain misleading or ambiguous passages and in other respects is
inconsistent with state law or the most efficient operation of city government. For these reasons it
is hereby found and declared that an emergency exists, which emergency requires the submission of
the Proposed Bremerton Charter Revision to the qualified electors of the City, for their ratification
or rejection at a special election to be held November 5, 1996.
The Kitsap county Auditor, as ex officio supervisor of Elections, is hereby requested to also find
the existence of such emergency and to call and conduct said special election on November 5, 1996
and to submit the proposition of whether or not said charter revision shall be adopted.
3. That the revised charter shall be published in the Bremerton Sun at least once each week for four
weeks next preceding the day of submitting the same to the electors for their approval.
PASSED by City Council of the City of Bremerton this 11th day of September, 1996.
JOHN E. LAW
Council President
CHARTER.96 - Resolution Diskette - 9112/96
CHARTER
OF THE
CITY OF BREMERTON
ARTICLE I.
Name, Boundaries, Powers, Rights and Liabilities Definitions
Section 1 - Name:
The corporate name of this City is BREMERTON.
Section 2 - Boundaries:
The existing boundaries may be changed in the manner provided by law.
Section 3 - Definitions:
As used in this Charter. unless the context indicates otherwise:
(1) Gender - The inclusion of male or female gender shall not
avoid the intent of gender neutrality.
(2) RCW - Means the Revised Code of Washington. and refers to
any subsequent amendments to statutes referenced in this Charter.
(3) Residence - Residence within any territory included in,
annexed to, or consolidated with the City is construed to have been
CHARTER.REV - 9/11/96
residence within the City.
(4) Shall - Means mandatory.
(5) May - Means optional.
Section 3 - Powers, Rights and Liabilities 4 - Rights and Powers:
By and in the corporate name, the City shall have perpetual succession.-
and all powers of a First Class city; may sue and be sued
in all courts and proceedings; use a corporate seal approved by its
legislative body; and, by and through its legislative body, may contract
and be contracted with; may purchase, lease. receive, or otherwise
acquire real and personal property of every kind, and use, enjoy, hold,
lease, control, convey or otherwise dispose of it for the common
benefit.
Section 4 5 - Powers - How Exercised:
All powers of this City, unless otherwise provided in this Charter, shall
CHARTER.REV - 9/11/96
be exercised by, through and under the direction of a mayor, who shall
be the City administrator, and nine council members who shall
constitute the City Council (hereafter referred to as Council and be the
legislative body of the City. The Mayor and Council shall be subject
to the control and direction of the people at all times by means of the
initiative, referendum and recall provided for in this Charter.
ARTICLE II.
Elective Officers
Section 56 - Officers -Election - Term . - Qualifications:
The elective officers of this City shall be eleven in number: The
Mayor and Municipal Judge, who shall be elected by majority vote
from the City at large, and nine part-time members of Council,
who shall be elected by majority vote from each of their respective
districts.
CHARTER.REV - 9/11/96 3
No person shall be eligible for election to any City office, unless
he is a citizen of the United States and has resided in Bremerton for at
least one year preceding election, except the Municipal Judge, who
need only be a citizen and reside in Kitsap County and licensed to
practice law in the State of Washington. No person shall be eligible for
the position of council member while holding any other elective public
office or otherwise employed by the city. Candidates for Council must
also be residents of their respective districts at the time of filing. The
Mayor shall continuously reside within the City and Council members
shall reside continuousiy within their district during their elective terms,
except as provided in Section 7 of this Charter. The terms of all
elective officers shall commence on the first day in January following
their election and shall be for a period of four years until their
successors are elected and have qualified.
CHARTER.REV - 9/11/96 4
In the1997 election positions 1, 3, 5, 7 and 9 shall stand for election. and
CHARTER.REV - 9/11/96
remaining positions will stand for election in 1999. Thereafter
municipal elections shall be held biennially and the requisite Council
members shall be elected for four year terms.
Section 7 - Change in Districts:
Council may change the boundaries of existing districts by ordinance
to make each as equal in population as practicable, so long as
redistricting is approved forty-five days before the fourth Monday in
July. No change in the boundaries of districts shall affect the terms of
any council members: they shall serve out their terms representing the
district for which they were elected even though such change of district
boundaries may result in more than one council member residing in the
same district.
Section 8 - Compensation - Reimbursement:
(1)The Mayor's and Judge's compensation may be increased
during a term of office by ordinance.
There is hereby created the Bremerton Citizen's Commission on
Council Salaries appointed as provided herein to set the salary and
compensation of the Council members.
CHARTER.REV - 9/11/96 6
The Commission shall consist of five (5) members who shall be
registered voters and residents of the City of Bremerton. No City
officer, official, or employee or immediate family member of any City
officer, official or employee shall be eligible for membership on the
Commission. As used in this section, "immediate family member"
means parents, spouse. siblings. children or dependent relative of the
officer, official or employee whether or not living in the household of
the officer, official or employee.
Commission members shall be appointed by the Mayor. subject to
approval of Council. The first members shall be appointed by January
1, 1997.
Each Commission member shall be appointed for a single four (4)
year term of office; except that the first five members appointed to the
Commission shall be appointed for different terms as follows:
(a) Two members to serve for periods of four years;
(b) Two members to serve for periods of three years; and
(c) A One member to serve for a period of two years.
No member shall be removed during his or her term of office unless
for cause of incapacity, incompetence. neglect of duty or malfeasance
in office or for a disqualifying change of residence.
Upon a vacancy in any position on the Commission a successor shall
CHARTER.REV - 9/11/96 7
be selected and appointed to fill the unexpired term. The selection and
appointment shall be concluded within 30 days of the date the position
becomes vacant and shall be conducted in the same manner as for
original appointments.
The Commission authority and responsibility shall be as follows:
(a) The Commission shall study the relationship of salaries to the
duties of the City Council members and shall fix a salary for each such
position by an affirmative vote of not less than a majority of the
commission.
(b) Except as approved in this section, the Commission shall be
solely responsible for its own organization, operation and action and
shall enjoy the fullest cooperation of all City officers, officials,
departments and employees. The Commission shall have access to all
City books, papers, documents and accounts applying or in any way
concerning the subject matter of this section.
(c) The members of the Commission shall elect a chairperson from
among their number every two years.
(d) The Commission shall file its initial schedule of salaries for the
positions of City Council members with the City Clerk no later than
May 1. 1997, and shall thereafter file schedules by May 1st of the
applicable later years so as to coincide with the City budget cycle.
CHARTER.REV - 9/11/96
Each such schedule shall be filed in ordinance form. shall be
assigned an ordinance number. shall be published in the same manner
as a City ordinance. and shall become effective thirty days after filing
with the City Clerk. Such schedule shall be subject to referendum in
the same manner as provided by Section 36 of this Charter.
(f) Prior to the filing of any salary schedule the Commission shall
hold no fewer than two public hearings thereon within the four months
immediately preceding the filing.
The members of the Commission shall receive no compensation for
their services but shall receive reasonable reimbursement for their
expenses in accordance with state law and city ordinance. Staff shall
be assigned to the Commission to provide support for its work.
(g) Signature of the chairperson of the Commission shall be affixed
on each schedule submitted to the City Clerk.
(2) The Mayor, Municipal Judge and Council members shall
receive reimbursement for their necessary expenses incurred in the
performance of the duties of their office as provided to City
management and professional employees.
Section 9 - Vacancies; Events Creating:
The position of an elected officer shall become vacant upon the
CHARTER.REV - 9/11/96 9
occurrence of any of the following events.:
(1) Death.
(2) Resignation.
(3) Judicially declared incompetency.
(4) Failure to maintain residency as required by Charter.
(5) Failure to qualify within two days after the beginning of the
term.
(6) Continuous absence from the City for more than thirty days
during a term of office without consent of Council,
unless on business of the City.
(7) Conviction of or plea of guilty to a felony or to a crime
involving moral turpitude, or an offense involving the oath of office.
Section 10 - Vacancies, filling;
(1) A vacancy in the office of the Mayor or Council shall be filled
for the remainder of the unexpired term. if any, at the next municipal
general election.
11
Council or the remaining members thereof by a majority vote;
shall appoint a qualified person to fill the vacancy until the person
elected to serve the remainder of the unexpired term takes office.
(2) If, after thirty days have passed since the occurrence of a
vacancy, Council is unable to agree upon a person to be appointed to
fill a vacancy on Council, the Mayor shall make the appointment from
among the persons nominated by members of Council.
(3) If at any time the membership of Council is reduced below a
quorum, the remaining members. if any. shall appoint the requisite
number of qualified persons to create a quorum who will appoint
qualified persons to fill the remaining vacancies. The appointees shall
CH~.RTER.REV - 9/11/96 ~[
serve until persons are elected to serve the remainder of the unexpired
terms at the next available special election for partisan offices unless
there is an earlier available general election.
(4) If no council members remain, the Mayor shall appoint
qualified persons to temporarily fill the vacancies. The appointees shall
serve until persons are elected to fill the remainder of the unexpired
terms at the next available special election for partisan offices unless
there is an earlier available general election.
(5) In the event all Council positions and the Mayor's position
become vacant, the Municipal Judge, or the Governor of the State of
Washington if the position of Judge is vacant, shall appoint a qualified
person as Acting Mayor. The Acting Mayor shall perform. and
appointees shall serve, pursuant to subsection four above.
(6) A vacancy in the office of Municipal Judge shall be filled by
the Mayor for the remainder of the unexpired term, subject to Council
confirmation.
Section 11 - Pro Tempore Appointment:
(1) Annually at the first meeting of Council, or when needed to fill
CHARTER.REV - 9/11/96 12
a vacancy, the members thereof, by majority vote, shall designate one
of their number as Council President to serve as Mayor Pro Tempore.
to serve at the request of the Mayor. or to fill an unanticipated need in
the absence or temporary disability, of the Mayor.
(2) The Mayor Pro Tempore shall perform all duties of the Mayor,
except he may only remove appointive officers subject to Council
confirmation after the Mayor has been absent for third consecutive
days, at which time the Mayor Pro Tempore may remove such persons
subject to any applicable law, rule, or regulation relating to civil
service, with the approval of Council majority plus one.
(3) The Mayor may appoint qualified persons to serve as
Municipal Judge pro tempore pursuant to RCW 3.50.090.
ARTICLE III.
Legislation
Section 12 - Powers Vested in Council:
C~TER.RSV - 9/~/9~ 13
CHARTER.REV - 9/11/96 14
Council shall have power to organize and regulate its internal affairs, to define the functions,
power. and duties of the City's officers and employees; to fix the
compensation and working conditions of such officers and employees
and establish and maintain civil service or merit systems, retirement
and pension ,systems not in conflict with state law or this Charter.
Council may adopt and enforce ordinances relating to and regulating its
local or municipal affairs and appropriate to the good of the
government of the City, and, pursuant to state law, may impose
penalties of fine, or imprisonment. or both, for the violation of such
ordinances constituting a misdemeanor or gross misdemeanor as
provided therein. Council may provide that violation of such shall
constitute a civil violation subject to a monetary penalty. Council shall
have all legislative powers possible for a city or town to have under the
Constitution of this State. By way of illustration and not in limitation,
such powers may be exercised in regard to acquisition. sale. ownership,
improvement, maintenance. protection, restoration. regulation, use,
CHARTER.REV - 9/11/96
leasing, disposition, vacation, abandonment or beautification of public
ways, real property of all kinds, waterways, structures, or any other
improvement or use of real or personal property. Such powers may be
exercised in regard to all aspects of collective bargaining, in the
rendering of social, cultural, recreational, educational, governmental,
or corporate services, including operating and supplying of utilities and
municipal services commonly or conveniently rendered by cities or
towns. In addition and not in limitation, Council shall have any
authority given to any class of municipality or all municipalities of this
state, such authority to be executed in the manner provided, if any, by
the granting statute. Within constitutional limitations, Council shall have
within the City corporate limits all powers of taxation for local
purposes allowed by state law.
Section 13 - Council Meetings - Public Notice of Meeting Agendas:
(1) Council shall meet at least once each week.
(2) Council shall meet at a place within the corporate limits of the
City. at such times as may be fixed by ordinance or resolution.
(3) A majority of Council constitutes a quorum.
(4) Meetings of Council shall be presided over by the member
selected as Council President. Appointment of a Council President shall
not in any way abridge the President's right to vote on matters coming
Ct-i~o, TER.REV - 9/11/96
before Council at such meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other
qualifed person appointed by the Clerk, a council member may
perform the duties of Clerk at such meeting while retaining rights to
participate and vote during the meeting.
Section 14 - Open Meetings - Requisites:
All meetings of Council and City boards, commissions and
committees shall be open to the public except as excluded by 42.30
RCW or this Charter.
(2) Conditions for attendance: time and place; procedures for
interruption, adjournments, continuances; executive sessions; adoption
of ordinances, rules and regulations; and prohibition of secret ballots
shall be as prescribed within Chapter 42.30 RCW: except members of
the body. by announcement one week in advance, may reschedule a
meeting falling on a legal holiday of any day within the same week as
originally scheduled.
(3) Council, by ordinance, shall establish a procedure for notifying
the public of upcoming open meetings and agendas.
CHARTER.REV - 9/11/96 17
Section 15 - Ordinances - Styles - Requisites -
Veto:
(1) The enacting clause of all ordinances shall be in the words as
follows: "The City of Bremerton does ordain". No ordinance shall
contain more than one subject and that must be clearly expressed in its
title.
(2) No ordinance, or any section or subsection thereof, or any
municipal code section or subsection, shall be revised or amended,
unless the new ordinance sets forth the revised ordinance or the
amended section or subsection at full length.
CHARTER.REV - 9/11/96
(3) All legislation and appropriation of money shall be by
ordinance, save where there is a special fund created for a particular
purpose; payments from such funds shall be made on order of the
Council. Every ordinance and resolution shall be in writing and if
requested by a member of Council or any person in attendance shall be
read in full at a Council meeting before a vote is taken thereon, and
upon every such vote the yeas and nays shall be called and recorded.
(4) Except as otherwise provided in this Charter, every ordinance
shall have two public hearings. Amendments or revisions within the scope of the ordinance may be
made during either hearing without reintroduction. At least one week
shall elapse between the introduction and the final passage of the
ordinance.
No ordinance shall take effect until thirty days after the date of its publication
or an earlier date at
least ten days after publication stated in the ordinance, except as
provided below:
(a) Upon the happening of any non-debatable emergency as
enumerated in RCW 35.33.081, Council may adopt an ordinance
addressing the emergency or appropriating funds not available in the
annual budget to meet it by a vote of one more than the majority of all
members of Council. stating the facts constituting the emergency. Such
ordinance shall become effective at passage without notice or hearing,
but requires publication in the official newspaper.
(b) Ordinances addressing public emergencies not specifically
enumerated in RCW 35.33.081 or appropriating funds to meet such
emergencies which could not have been anticipated in the annual
budget, may be appropriated by ordinance declaring an emergency and
stating the facts constituting the emergency. Such ordinance shall not
be voted on until five days have elapsed after its introduction, and shall
require the vote of one more than the majority of all members of
Council for passage. Any taxpayer of the City may appear at the
C~TmR.RmV - ~/~X/9~ 20
meeting at which the emergency ordinance is to be voted on and be
heard for or against the adoption of it. The ordinance shall become
effective upon passage and publication.
(c) Initiative ordinances adopted by the voters of the City shall
take effect at the time fixed therein or, if no such time is designated
within ten days after the official canvass of the ballots pursuant to state
law.
CHARTER.REV - 9/11/96 2 ]
(d) Every ordinance that passes Council in order to become valid
must be presented to the Mayor. If approved. it shall be signed, but if
not, it shall be returned with written objections to Council who shall
cause the objections to be entered on the record and proceed to
recortqideration thereof. If upon reconsideration, a majority plus one of
the whole membership favor its passage, the ordinance shall become
valid notwithstanding the Mayor' s veto. The Mayor's veto with respect
to budget measures shall extend to specific items only, and not to the
whole budget. If the Mayor fails for ten days to either approve or veto
an ordinance, it shall become valid without approval. Ordinances shall
be signed by the Mayor and attested by the City Clerk.
Section 16 - Ordinances - Authentication and Recording:
The City Clerk shall authenticate and record in fulll in a properly
indexed book or file kept for the purpose of retaining all ordinances and
resolutions adopted by Council. Copies of such shall be available for
inspection by the public.
Section 17 - Publication of Ordinances or Summary of Ordinances:
Promptly after adoption. the text of each ordinance or a summary of
the content of each ordinance shall be published at least once in the
City's official newspaper except bond ordinances which may be
published by title alone. For the purpose of this section, a summary
shall mean a brief description which succinctly describes the main
points of the ordinance. Publication of a summary shall include notice
that the full text is available from the City Clerk. An inadvertent
CP~RTSR.P~V - 9/~/ge 22
mistake or omission in publishing the text or summary of the content
of an ordinance shall not render the ordinance invalid.
Section 18 - City Auditor:
There shall be an Auditing Committee consisting of two Council
members and an independent Certified Public Accountant to be
designated by Council, and two Bremerton residents selected by the
designated members of 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 a
whole.
ARTICLE IV.
Administration
Section 19 - Duties and Authority of the Mayor:
The Mayor:
(1) Shall be the chief executive and administrative officer of the
City, in charge of all departments and employees.
(2) Shall see that all laws and ordinances are faithfully enforced
and that law and order are maintained in the City.
(3) Shall have general supervision of the administration of city
government and all city interests.
(4) Shall see that all contracts and agreements made with the City
or for its use and benefit are faithfully kept and performed, and to this
end, may cause any legal procedures to be instituted and prosecuted in
the name of the City, subject to approval by majority vote of all
members of Council.
(5) Shall report to Council, in a public meeting. concerning the
affairs of the City and its financial and other needs. and shall make
recommendations for Council consideration and action.
(6) Shall prepare and submit to Council a proposed budget.
(7) Shall be the official and ceremonial head of the City and shall
represent the City, except that when illness or other duties prevent the
Mayor's attendance at an official function and the Mayor Pro Tempore
is unavailable, a member of Council or some other suitable person may
be designated by the Mayor to represent the City on such occasion.
(8) Shall devote full-time. during business hours. to the service of
the City and shall not hold any other public office except notary public.
Section 20 - Appointive Officers - Duties - Compensation:
The appointive officers shall be those provided for by City Charter or
ordinance and shall include a City Clerk. The office of City Clerk may
be merged with any other compatible appointive office. The Fire Chief
shall be Fire Marshal of the City . The authority, duties and
qualifications of all appointive officers shall be prescribed by charter
CHARTER.REV - 9/11/96 24
or ordinances and the compensation of appointive officers shall be
prescribed by ordinance.
Section 21 - Appointment and Removal of Officers and Employees
- Terms:
The Mayor shall have the power of appointment and removal of all
appointive officers and employees, except the City Auditor, City
Attorney, Court employees and Council employees, subject to any
applicable law, rule or regulation relating to civil service. Council
employees who serve at the pleasure of the Council may only be
removed by a majority vote of Council sitting as a whole. The head of
a department or office of the City government may be authorized by the
Mayor to appoint and remove subordinates in such departments or
office, subject to any applicable civil service provisions. All
appointments of City officers and employees shall be made on the basis
of ability and training or experience in the duties of the position. and in
compliance with provisions of any merit system applicable to the City.
Confirmation by Council of appointments of officers may be required
by ordinance. Appointive officers shall be without a definite term
unless a term is established for such office by law or ordinance.
Section 22 - Oath of Officers and Employees:
Any officer or employee, before entering upon the performance of his
duties. may be required to take an oath or affirmation as may be
prescribed by ordinance for the faithful performance of his duties as a
condition of employment.
C~TSR.RSV - 9/ll/gs 25
Section 23 - City Attorney:
The Legal Department of the City shall consist of a City Attorney,
appointed by the Mayor and confirmed by Council, and such
assistants as the budget will allow. All must be duly licensed attorneys
of the State of Washington in accordance with state statute or court
rule. The City Attorney shall be a full-time in-house City Attorney,
who shall have no outside practice or clients. The City Attorney may
be removed by the Mayor, with the concurrence of a majority of
Council sitting as a whole, or by Council alone, provided that
removal by Council alone shall require a 2/3 vote of the entire
Council. The City Attorney may remove his assistants at his
pleasure.
Section 24 - Legal Advisor:
The City Attorney shall be legal advisor of all officers, commissions.
boards and committees of the City and shall bring and
prosecute all actions which may be directed by the Mayor or Council,
and defend the City in all actions against it and any action in which the
City, any past or present employee, officer, board, committee, or
commission is a party as a result of acts or omissions in the good faith
performance of the city's business as determined by Council.
Section 25 - Special Counsel:
Council may at any time employ other or special counsel, whose
compensation shall be fixed at the time of employment
to take charge of special matters or to assist the City
CHARTER.REV - 9/11/96 26
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ARTICLE V.
Finance
Section 26- Organization:
The Mayor shall have charge of finance and shall be responsible for
the custody and management of the City assets.
Section 27 - Receipt, Custody, and Disbursement of Funds:
All payments authorized by Council shall
be signed by the Mayor and City Clerk. The City Treasurer shall receive and keep all monies due
and belonging to the City, and all trust funds held by the City, and shall
keep an accurate detailed account of the same in such manner as to
show the exact financial condition of the City.
The City Treasurer shall at the close of each month
report to Council all the monies received and disbursed during
the month.
Section 28 - Fiscal Year:
The City's fiscal year shall be the calendar year.
Section 29- Public Utilities:
(1) The City shall have power to own and operate any public utility
and may purchase, construct, condemn or acquire any public utility
CHARTER.REV- 9/11/96 30
provided by law, and may make any additions or betterments or
extensions of any existing utility, and the provision therefor shall be by
ordinance which shall specify and adopt the plan or system proposed
and declare the estimated cost thereof. Any ordinance providing for a
newly owned and operated utility shall be submitted for ratification or
rejection to the qualified voters of the City at a general or any special
election called for that purpose. Provided, however, that an ordinance
providing for the extension, enlargement or improvement of an existing
utility shall conform to RCW 35.92.070 and need only be
submitted to the voters as required thereby.
(2) Nothing in this Charter shall be construed to permit the city of
Bremerton to sell all or any portion of any of the real property now
owned or hereafter acquired for xvater supply purposes generally
known as watersheds. whether or not currently used for water supply
purposes, unless a question of such proposed sale shall be approved
by a majority plus one of the council membership or shall have been
first submitted to the qualified electors of the city bv a majority plus
one of the council membership at a municipal general or special
election and assented to bv sixty percent of said electors voting on
such question.
(3) The City shall not sell, lease or dispose of anv utility lands,
systems or parts thereof essential to continued effective utility service,
unless and until such disposal is approved by a majority plus one vote
of Council.
CHARTER. RgV - 9/11/96 31
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ARTICLE VI.
Civil Service
Section 30 - Commission, Creation of:
There is hereby established a Civil Service Commission of five
members, who shall be appointed by the Mayor and approved
by Council, and who shall be
citizens of the United States, residents of the City for at least
one year preceding such appointment. The term of office of such commissioners shall be
for three years on staggered terms.
Any vacancies in the commission shall be filled by the Mayor
and approved by Council for the unexpired term. Any member
of said commission may be removed from office for incompetency,
incompatibility or dereliction of duty, or malfeasance in office, or
other good causeT after charges in writing have been preferred, due
notice given and a full hearing had in Superior Court unless such
hearing is waived in writing.
CHARTER.REV - 9/11/96 34
Section 31 - Commission, Rules and Powers:
(1) The Commission shall
make such rules and regulations for the conduct of its business and to
enforce the purposes of this article as shall be necessary and proper.
(2)The Commission shall provide for the
classification of all employees
subject to this Article.
(3) All full paid employees of the Fire and Police
departments of the City shall be included under the provisions of this
Article, and all existing provisions of State law pertaining to such
employees shall be substantially complied with by the Commission.
All other full time employees shall be included under the provisions
of this Article unless excluded in Section 33.
(4) The Commission, among other things, shall provide for open
competitive examination as to fitness;
for an eligibility list from which
vacancies shall be filled; for a period of probation before
employment is made permanent; and for promotion on the basis of
merit, experience, and record. Promotional processing/testing fees
shall not be charged.
CHJx..RTER.REV - 9/11/96 35
(5) Employees within the scope of this Article who are in office
at the time of the adoption of this Charter shall retain their positions,
unless removed for cause.
(6) The Commission, among other things. shall provide for
rules and procedures to ensure employees due process in regard to
any proposed disciplinary action.
Section 32 - Civil Service Officer:
The Commission shall provide for the selection of a civil service
officer by the Mayor, with Council confirmation who shall also
serve as secretary.
Section 33 - Classification of Service:
There shall be excepted from the operation of this article the
following: elected officials. management and
professional appointed positions excluded by ordinance unless
otherwise provided by this Article, all non-salaried members of
appointive boards and commissions, and any other employee
exempted from the operation of this Article by the Commission.
ARTICLE Vll,.
Boards, Commissions and Committees
Section 34 - Member Residency Requirement:
The Mayor shall appoint all boards, commissions and committees
established by ordinance or charter, except the Audit Committee,
with Council confirmation as required by ordinance. All members
of boards, commissions and committees established by
ordinance or charter shall be residents of the City for at least one
year prior to appointment and eighteen years of age, unless
otherwise provided by ordinance. Any member of a
CHARTER.REV - 9/11/96 37
board, commission and committee 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
appointed.
ARTICLE VIII
Recall, Initiative and Referendum
Section 35 - Recall:
The holder of any elective office may be recalled and removed from
said office as provided in 29.82 RCW.
Section 36 - Initiative and Referendum:
The powers of initiative and referendum shall be exercised in the
manner set forth in RCW 35.17.240 through 35.17.360.
No ordinance heretofore or hereafter enacted by vote of the people
C.~R~SR.~W - 9/n/~ 39
shall be amended or repealed by the Council unless such amendatory
or repealing ordinance shall be submitted to the qualified electors for
their approval or rejection in the same manner as is required by this
section in respect to the submission of an ordinance initiated or
referred.
CH~RTER.REV - 9/11/96 40
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ARTICLE IX.
Franchises
Section 37 - Franchises - Term - Renewal:
No franchise shall ever be granted a for a term longer than ten
years, excepting upon a majority vote of the electors, and in no event
will a franchise be granted for a period longer than fifty years,
nor will any franchise be renewed or extended until
CH.B~RTER.REV - 9/11/96 42
within two years of the expiration thereof.
Section 38 - Franchise - Compensation - Publication:
All franchises shall be granted by ordinance and shall
specify plainly the streets or other public places
or parts thereof to which they apply, and no franchise shall be
provided without provision for proper compensation to the City
therefor. Council shall adopt such mode of determining the
compensation to be paid by such grantee as it shall
determine to be reasonable and just.
Every applicant for a franchise shall bear all expenses of advertising and submitting
the proposed ordinance, including the expense of election, if any.
Section 39 - Franchise - Council Rights:
The grant of every franchise shall be made expressly subject to the
condition that Council shall have the right with respect to any
franchise so granted to hear and determine what are just, fair and
reasonable rates, fares and charges for public service unless
regulated by the State or Federal government, and to order that only
reasonable charges shall be imposed; to require reasonable
extensions of any public service system; to make such rules and
regulations as may be required to secure adequate and proper
CHARTER.REV - 9/11/96 43
service, and to provide sufficient accommodation for the public; to
repeal, amend or modify the same; to cancel, forfeit and abrogate
the same if the franchise is not operated or
exercised in full accordance with its provisions, or any part thereof,
or at all; to acquire by purchase or condemnation upon a majority
vote of the electors for the use of the City itself or its inhabitants, the
property of the grantee at a fair and just value, which shall not
include any valuation of the franchise, which shall
thereupon terminate.
Section 40 - Franchise - Transfers:
No franchise shall be transt~rred, sold or leased without the consent
of Council, under such rules and regulations as the Council may
impose.
CHARTER.REV - 9/11/96 44
ARTICLE X.
Miscellaneous
Section 41 - Legal Continuity:
All ordinances and resolutions consistent with
this Charter shall remain in effect until amended or repealed or until
they expire by limitation. All rights and obligations in favor of or
against the City existing at the time this Charter shall go into effect,
shall continue without modification. All street and other
improvements, all vacations of public streets, alleys or places, all
assessments for improvements, all suits and actions in court, all fines
and forfeitures and all other matters relating to the City that may
have been begun and not completed, shall be completed according to
the charter, ordinances and law existing prior to the time this Charter
shall go into effect, and all taxes and assessments levied and
remaining unpaid when this Charter will go into effect, shall be
collected as provided by ordinances and laws existing and in effect at
the time same were levied.
CHARTER.REV - 9/11/96 45
Section 42 - Employment Continuity:
Whenever by the provisions of this Charter duties and functions
are transferred to a different department, board, or office,
the employees engaged in the
performance of such duties and functions at the time this Charter
goes into effect, shall be transferred accordingly and be
deemed to have been regularly appointed to the respective positions
involved in the performance of such duties and functions, until
removed therefrom in accordance with the provisions of this
Charter.
CHARTER.REV - 9/11/96
Section 43 - Report - Requisites of Claim - Time
Limitations:
All claims for damages for personal injuries or for injuries to
property sustained by any act of the City or any officer, agent,
servant, or employee, must be presented to Council and
filed with the City Clerk within the time specified by State Law. All
such claims for damages must be in writing and verified and must
accurately locate and describe the act causing the injury, describe the
injury, giving the residence for six months last past of the
claimant and contain the items of damage claimed. No action shall
be maintained against the City for a claim for tort
damages until the claim has been filed with
47
Council or the officer designated by ordinance and sixty
days have elapsed after such presentation.
ARTICLE XI.
Amendments
Section 44 - Conform to State Law:
Amendments of this Charter shall follow and conform to the
procedures set forth in the State Constitution and Laws of the State
of Washington.
CHARTSR. RSV - ~/~/~ 48