HomeMy WebLinkAbout2940 RESOLUTION NO. g~t~O
A RESOLUTION of the City Council of the City of
Bremerton, Washington, setting forth amendments to the City
Charter for submission to the qualified voters of the City of
Bremerton for approval or rejection at the general election to be
held on November 2, 2004.
WHEREAS, the City Charter contains certain provisions that do not promote the
most efficient operation for city government and therefore the City Council desires to amend and
update the provisions of the Charter; and
WHEREAS, pursuant to RCW 35.22.130 and RCW 35.22.280(37), the City
Council may propose amendments to the City Charter, and
WHEREAS, amendments to the City Charter must be submitted to the qualified
electors of the City of Bremerton for approval or rejection; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The proposed amendments to the City Charter shall be submitted
to the qualified electors of the City, for their ratification or rejection, at the general election to be
held November 2, 2004 in accordance with RCW 35.22.160 which amendments shall become
effective February 1, 2005 upon passage of this ballot measure.
SECTION 2. The Kitsap County Auditor, as ex officio supervisor of Elections,
is hereby requested to submit the proposition to the electors of the City of Bremerton of whether
or not the proposed amendments to the City Charter shall be adopted as set forth in Exhibit A
attached hereto and incorporated herein by reference.
SECTION 3. In accordance with RCW 35.22.170, the proposed amendments to
the City Charter shall be published in the The Sun at least once each week for four weeks next
preceding the day of submitting the same to the electors for their approval or rejection.
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
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2004 Charter Amendment
SECTION5. Effective Date. This Resolution shall take effect and be in force
imrnediately upon its passage.
a ~ P~.~SEp by the City Council of the City of Bremerton, Washington this
day of ~.~g~.,~, 2004.
APPROVED AS TO FORM: ATTEST:
""ROI~R i. LUBO~y ~'~L~A JOH~I~rON, City &ierk
R:\LEGAL~Resolutions\City CouncilL2004 Charter Amendment,doc
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2004 Charter Amendment
CHARTER
OF THE
CITY OF BREMERTON
ARTICLE I.
Name, Boundaries, Powers, 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:
(_lg) RCW - Means the Revised Code of Washington, and refers to any subsequent
amendments to statutes referenced in this Charter.
(2~3) Residence - Residence within any territory included in, annexed to, or consolidated with
the City is construed to have been residence within the City.
(34) Shall - Means mandatory.
(_45) May - Means optional.
(5) Appointive Officer - Means those employees appointed by the mayor and confirmed by
the Council as established by Charter and by ordinance.
Section 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 5 - Powers - How Exercised:
All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through
and under the direction of a mayor, who shall be the chief executive and
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Exhibit A
admini~tratoradministrative officer, and nine council members who shall constitute the City
Council (hereafter referred to as Council). The Council shall serve as 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 6 - 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. No person
shall be eligible for election to any City office, unless he or she 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 continuously 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. In the 1997
election positions 1, 3, 5, 7 and 9 shall stand for election, and 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.
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Section 8 - Compensation - Reimbursement:
(1) The Mayor's and Judge's compensation may be increased during a term of office by
ordinance.
(2) There is hereby created the Bremerton Citizen's Commission on Council Salaries
pursuant to RCW 35.21.015 appointed as provided herein to set the salary ......... ""'~ ......... v .......... ;~- of
the Council members.
(a) The Commission shall consist of gve--~three (3) 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.
(b) Commission members shall be appointed by the Mayor, subject to approval of
Council. ,w.~
(c) ..... ~' Commission members_ shall be appointed for a .... °;--'~, ...... '~ .... ~A~ ~'-' ..... three
year staggered terms of office: Commission members may not be appointed to more than two
(d) 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.
(e) Upon a vacancy in any position on the Commission a successor shall be se4eet~
and appointed to fill serve the unexpired term. The ~ appointment shall be
the same manner as for original appointments.
(f) 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.
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(3) 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, off~cials, 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 inltialan¥ change in its schedule of salaries for the
positions of City Council members with the City Clerk_.~'-~ ~*~- ,k~-._._ ~,,t~.. ~, ma'* ~.4 ghall
.......... by ~,,r~.. July 1st of the applicable ~ years so as to coincide with the
City budget cycle.
..... sc edule ...... he ..... · ........
effective thirty days after filing with the City Clerk. Salary decreases established by the
Commission shall become effective as to incumbent City Council members at the
commencement of their next subsequent terms of office, Such schedule shall be subject to
referendum in the same manner as provided by Section 36-3~4 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.
................................................ nc but
(g) Signature of the chairperson of the Commission shall be affixed on each schedule
submitted to the City Clerk.
(Z~_) 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.
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Section 9 - Vacancies - Events Creating:
The position of an elected officer shall become vacant upon the 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 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.
Council or the remaining members thereof by 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 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.
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(5) In the event ail 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, shail
appoint a qualified person as Acting Mayor. The Acting Mayor shail perform, and appointees
shall serve, pursuant to subsection four above.
(6) A vacancy in the office of Municipai Judge shail 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 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 in the absence or
temporary disability of the Mayor, except he or she may only remove appointive officers subject
to Council confirmation after the Mayor has been absent for thirty consecutive days, at which
time the Mayor Pro Tempore may remove such persons subject to any applicable law, role, 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:
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
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way of illustration and not in limitation, such powers may be exercised in regard to acquisition,
sale, ownership, improvement, maintenance, protection, restoration, regulation, use, 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 regularly, at least once a month, at such times and locations as
designated by the Council
(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 before Council at such meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other qualified 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:
(1) 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, roles and regulations; and prohibition
of secret ballots shall be as prescribed within Chapter 42.30 RCW; exccpt mcm~er~ cf tke ~cdy,
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(3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming
open meetings and agendas.
Section 15 - Ordinances - Styles - Requisites - Veto:
(1) The enacting clause of all ordinances shall be 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.
(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. ~ ........'~ ....... a ....~..,~- ~u~. ~. ......;~: .... .4 :~ ....... ~,4 u ....... ~.~
(4) Hearings of ordinances shall be as provided by state law or as designated by Council.
Every ordinance shall have one reading except that, upon a request of a Council Member, an
ordinance shall have two or more readings unless otherwise directed by the Council. n~.~
..... pt as
............................................. v ...................... j .............. ~, ....... hca~ng
v .... ~ c,f ~u~ ~..~ ...... No ordinance shall take effect until ~u:~., .~ .....~,~. ,u~ .~,~
t~--~-~--,-.'"'~'u'~*; ......... ~. ~- ,~,.-.~.u~ Oato at least ten (10) days after publication stated in the ordinance,
except as provided below:
(a) Upon the happening of any non-debatable emergency as enumerated in RCW
35.33.0~1, 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 subsequent publication in the official
newspaper.
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(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 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 (10) days after the official canvass of the
ballots pursuant to state law.
(5) 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
reconsideration thereof within thirty (30) days of return of the vetoed ordinance 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 full 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.
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An inadvertent mistake or omission in publishing the text or a 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.
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Section 20 - Appointive Officers - Duties - Compensation:
T4~e~aAppointive officers shall be those provided for by City Charter or ordinance and shall
include a City Attorney and City Clerk. The office of City Clerk may be merged with any other
compatible appointive office. Thc Fire r,~,:~c -k~, be c:~ ~s~,~ ~c ,~,~ r,a
.................................. y. The authority,
duties and qualifications of all appointive officers shall be a_ss prescribed by charter~ e~
ordinances, or applicable job description --'~ ~' .......... :~-
~vt- ........ cfficcm ....11 be
Section 21 - Appointment and Removal of Appointive 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, role 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 cr ~cc:~ ^c +~.~ r,: .............. y b d by
............... ~ t, ............. ma e authorize the
Mayor to appoint and remove subordinates in such departments or office, subject to applicable
union agreements and any applicable civil service provisions. All appointments of City
appointive 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 appointive officers ,,ma:,'
shall be required by crdlnmncc. Appointive officers shall be without a definite term unless a term
is established for such office by law or ordinance. The Mayor shall have the sole authority to
accept the resignation of any appointive officer.
Section 22 - Oath of Appointive Officers and Employees:
Any appointive officer or employee, before entering upon the performance of his or her duties,
may be required to take an oath or affirmation as may be prescribed by ordinance for the faithful
performance of his or her duties as a condition of employment.
Section 23 - City Attorney:
(1) Appointment. The Legal Department of the City shall consist of a City Attorney,
'~FF ........ y ........ j ................... y ...... ll, and ............ oo.o~..,~ city attomeys as
the-authorized in the budget ':,'il! 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~ appointed by the mayor and confirmed by the Counci!, whc shall have
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.......... v ....... er cL:ents. 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 ...............assistant c~tv attorneys at his or her pleasure.
(2) Duties. 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.o~
(3) Special Counsel. Council may at any time ~ retain or appoint special
~' ...... t .............. j ......... j for specffic assignments.
ARTICLE V.
Finance
Section 26 24 - Organization:
The Mayor shall have charge of finance and shall be responsible for the custody and
management of the City assets.
Section g7-25 - 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 26- Fiscal Year:
The City's fiscal year shall be the calendar year. The Council may, by ordinance, establish a
biennial budget.
Section 29 27- 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 provided by law, and may make any additions or
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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 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 water 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 by a majority
plus one of the council membership at a municipal general or special election and assented to by
sixty percent of said electors voting on such question.
(3) The City shall not sell, lease or dispose of any 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.
ARTICLE VI.
Civil Service
Section 20 2_.~8 - Commission, Creation of:
There is hereby established a Civil Service Commission of five three members, who shall be
appointed by the Mayor and a?prc~vc~ confirmed by Council, and who shall be citizens of the
United States, residents of the City for at least one year preceding such appointment. The
currently seated members may serve their current terms. 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, malfeasance in office, or other good cause 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.
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Section ~1-2._~.9 - 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 time 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 ~331.
(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.
(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 3:2-3__Q.0 - 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 3._L1 - .~ .............. ~fEmployees included in Civil Service:
(1) The following employees shall be included in Civil Service:
(a) All full time paid employees of the Fire and Police departments of the City unless
specifically excluded or exempt by the City as may be provided by law.
(b) All other full time employees not exempt in Section 31(2) below.
(2) There shall be excepted-exempt from the operation of this article the following: elected
officials, appointive officers not covered in Section 31 (1) above, management and professional
employees, ~t~ ....... ~": ...... ~,.~ 1. .... .-11 ........ 1 .... {h ....~ ....... ~.4~.4 k~, *hlo
Ar4ic4e, all non-salaried members of appointive boards and commissions, and any other
employee exempted from the operation of this Article by the .............. Council.
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ARTICLE VII.
Boards, Commissions and Committees
Section 34-32- 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 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 3-5-33- Recall:
The holder of any elective office may be recalled and removed from said office as provided in
29.82 RCW.
Section ~ 3.~.4 - Initiative and Referendum:
(1) The powers of initiative and referendum shall be exercised in the manner set forth in
RCW 35.17.240 through 35.17.360.
(2) No ordinance heretofore or hereafter enacted by vote of the people 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.
ARTICLE IX.
Franchises
Section 37-35- Franchises - Term - Renewal:
No franchise shall ever be granted 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 any franchise be renewed or extended until within two years of the expiration thereof.
Section 38-3_.~.6 - 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
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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 39-37- 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 roles and regulations as may be required
to secure adequate and proper 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 40-38 - Franchise - Transfers:
No franchise shall be transferred, sold or leased without the consent of Council, under such rotes
~terms and conditions as the Council may impose.
ARTICLE X.
Miscellaneous
Section 44-39- 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 effectrshall 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
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effect, shall be collected as provided by ordinances and laws existing and in effect at the time
same were levied.
Section 4g-40 - 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.
Section 43-41- 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 v ................... and filed with the
City Clerk ................... ot~l..~,., ., .......... 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 ' · · r- .....:, ^~ ,~.~ ~m~. a~:~,~.~ ~. .... a: ..... , ·
the clmm has been filed w~th ......................... e, ....... ~ ............ he C~tv Clerk
and the time specified bY State Law has ~: ....~ .... ~, .... h p
..... ~ ~.~a ...... elapsed after suc resentation.
ARTICLE XI.
Amendments
Section 44-4_~_2 - 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.
Section 43 - Charter Amended - Effective Date:
Amended by a vote of ~he people durin~ the general election held November 2, 2004 with an
effective date of February 1, 2005.
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