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HomeMy WebLinkAbout657 WHEREAS, there has been filed with the City Clerk a petition requesting that a charter amendment to the charter of the City of Bremerton providing for a council-manager form of copy of which is attached Hereto. governmen~be submitted to the qAa±ified electors of the city for their approval or rejection, and that a special city election be held for such purpose on November 2, 1948; and WHEREAS, the City Clerk has certified that said petition contains ~valid signatures, and that the number of signatures required is only 882, such figure being 25% of the last preceding vote cast for all candidates for mayor; and WHEREAS, the city attorney has prepared a ballot title for the proposed amendment which reads as follows: Shall Articles I,II,III,IV,V,VI,VII, VIII,X,XI, and X~II of the city charter of the City of Bremerton be amended to provide for a council-manager form of government? For p~posed ~endment ~ Against proposed amendment IlZl NOW,THErEFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Bremerton that a special election be held in said city under the supervision sod direction of the County Super- visor of Elections for Kitsap county, Washington, on the 2nd day of November, 1948, at ~hich time the followin§ amendment o'f the charter of the city of Bremerton shall be submitted to the qualified electors of s aid city for approval or rejection. Shall Articles I,II,III,IV,V,VI,VII, VIII,X,XI, ~d XVII of the city charter of the City of Bremerton be amended to provide for a council-manager form of gov e rnment ? For proposed amendment ~D Against proposed amendment ~ -1- Every voter voting insaid election who desires to vote in favor of the amendment shall place an X in the square op- posite the words "For proposed amendment" as hereinabove set forth. Every voter voting in said election who desires to vote against the proposed amendment shall place an X opposite the ~rds "Against proposed amendment", as hereinabove set forth. BE IT FURTBER RESOLVED that the polls at s aid election be open from 8:00 o,clock A.N. to 0:00 o'clock P.N. on date of said election and all qualified electors who shall be inside of the polling p&aees at 8:00 o'clock P.N. be allowed to case their ballotm at said election._ Notice of special election shall be given by publication in a newspaper in the City of Bremerton having a general circulation therein; the date of such publication be not less than 15 days ~-ior to the date of election and by posting a cop~ of such notice at each polling place for s aid election not less than 15 days before the date thereof. The Count~ Supervisor of elections for Kitsap Count~ shall provide places for holding said election ~ d shall appoint the precinct election officers and provide for their compensa- tion md shall provide b~l lot boxes and ballots, poll books and tall~ sheets, and deliver them to the precinct election officers at the polling places and shall publish notice of s aid election and shall apportion to said city the costs and expense of such election, all pursuant to Chapter 182 of the Laws of the State of Washington, adopted at the 1947 session. The election officer in each precinct shall receive and deposit the ballots Cast thereat in the ballot box in such pre- ci~ct and shall count said ballots m~d make return thereof to the County Election Board which board shall canvass the returns of said election and issue its certificate with respect to such c~nvass. ~lerk FINALLY,BE IT FURTHER RESOLVED that the City ~ be instructed to certify copies of this resolution to the County S~per- visor of Elections and the county Election Board. Passed by the City Council of the City of Bremerton, signed by the l,~ayo~ and attested by the Clerk in authentication of such passage this 1Sth day of September, 1945. I~'~ "HUM" KEAN, Nayor AT TEST: -3- Be it RESOLVED that the Charter of the City of Bremerton be ~m~,nded to provide for a Council-Manager form of government, by amending Articles l, II, III, IV, V, VI, VII, VIII, X, XI and XVII as a single amenSment in the following manr~r; A,~ That Article I be amended by repealing Section 4 thereof° B That Article II be amended to read. as follows: ARTICLE II C~ove rnil~g Body The Council Sf;ction lo The council shalI cons!st of seven (7) members ~co,~nio. ated and elected at la~e~ and shall be vested with all legis~ lative powers of the City~ The City Clerk sha.'~l be clerk of the council° .It shall be a m~,.sdemea~or for, th8 councik, or any of its ~mbers or committees to direct or request the Mansg,~; to appoint a;~y person to, or remus him f~m, office or employment,, Except- f~r the pu~ose of inqu].ry, the council ~d its ~mb~rs shall deal ~Lth the ad~l~lstrstive service solely through the ~anager and neither ?~ ooua~i'l no~, an~ membe~ thereof sh~ll give orders to any Gubor- ,~.~:u~.te oF tl~ Manag:er~ either publicly or private].y~, ,Jonvlc'tion of a.-~y ~.o]_at!o~ of the i;~mvlsI~s of th}_s section b~ a counol]_~n shall result ia .l[w.~ediate forfel:t,~e of his off!ce~ T~rm of Office, Section A,, The ooan~ll~er~ shall hold office for, a term of ll'.~a ',3} years from the third Monday next fo].lowing the city election a.. whi~oh th~y are ~:l~cted~ ex¢:e~t that the three oour~cilmsn ~cei~[:-~ the highest uumber o~ m~otos at th~ flrst e].ectlc~n under this c~rter shall hold office for three years~ Tb.~ two counci~-~e~l r~-;celving the next highest number of votes at the .first election ~¢~:ler this o~rter shall hold office for two yearso The two council. m~n re0eivi~'~ the next highest number of votes at ~;he first election u~der this c[~rter shall hold office for one {1) year;' E~,ctlon ~, No person shal2 be '-'~:~"~:~'~o-~ ~.~: to the offlcs, of c.~u~,c~ l_maa unless he lsa duly r~gistered elector Ir ~he city ~d has 'bee:: am ~sident of tt:e city for at least one year immediately p.l<:r to tbs election at :~:lch he Is a c~d. idate~ and sha!l hold no o'the~, ~ieet tvs :public o:Cflce for oo,:pensation~ Section 4, A vacancy ~cu~!~' In the council she. il 'be filled w~.ti.,~.n thirty (30) days by a majority vote of the r~aini~ council- m.:~n, t~:e appo.:.ntee to hold office u.a%il ~e third Monday next f<l'l, ow~ng the next regular city s!e;t.~.on; -orovided thaZ uo appointment shall be made within sixty (60)'days prior to any regular city election~ and provided further that if a vacancy occur more than forty (40) days next preceding a regul~.r city election in the office of a councilman ~hose term is not then expiring, a successor shall be elected at such election for the remainder of the unexpired term° Mayor. Section 5- The council shall, at its first regular meeting following the first election under this charter, choose one of its members Mayor, who shall hold office un~til the third Monday following the z-egular city election~ Thereafter the Mayor shall be chosen a term of one (1) year~ The council shall choose one of its members Mayor pro te~,~ who shall act in the absence of disability of the Mayor° In the evenmt of a vac~mcy occurring in the office of Mayor, the council s~ll choose one of its members mayor at the next regular ~eeting to serve for the unexpired term~ The ,~yor shall be the official head of the city for all ceremonial purposes~ for the ?urpose of mi'litary law~ ~nd for all ~ther purposes ~equlred 'by law, ~.,~ shall preside at all meetings of ~e council, and may speak and vote in such meetings as any other member of the council° The ~ayor ~hall appoint the police Judge° C ompen ~ at i on ,, Section 6o Each member of the council shall be compensated at the rat? of ten dollars ($~0) per meeting attended, but n~t ~o exceed five hundred dollars~!$500) per year~ The Mayor shall receive the sum o£ fifty dollars ($50) per mc, nth, in addition to his com- pensations as councilman. Oa'~h of Section 7o Every person elected ~:.,r appointed to any city office~ before entering upon the du,,les (~f hie offices ,~hall take and subscribe to an oath of office as provided by general la-~ 'mhlch shall be fi~,~d and key~t In ~he office of the City Clerk° Notice of Eleoti~n or Appointmen~ Seation 8o Written no, Ice of election or appointment of any city officer zh~.~ll be mailed to him at lx:l.s address in th~ city by the City Clerk within forty-eight ()~) hour~ after the appointment ls made or the vote canvassed~, If ~:~thin ter~ (10~. day~ from th~ d~.~te of the notice such officer sha~l not ~ake~ subscribe to and i':~.le with t~e City Clerk an oath of office, such neglect shall be deemed a refusal to serve and the offic~ shall thereapon be deemed vacant, units2 the council shall ex'~end the time in which such officer may qua. l~ f y, Vacancy Defined,. Section 9, Io. addition to othe~ provision~ of this charts?, a vm~noy shall be deemed to exist in any office when an officer dias~ resigns, is r~moved f~om office, mo'~es f~om the city~ absents himself w:lthc~t good cause in the JuSnt el~ the council for three (31 ¢on~ecutiv~ z~egular meetlngs, is convicted of a felony~ or is ~udicially d~clared to be mentally incompetent° Officl-! Interest in Contracts° Section 10. No elective or appointive officer shall take any official action or any contract or other matter in which he has any financial interest other than ~he common public interest~ Any officer violating the provisions of this section shall be deemed guilty of a misdemeanor and upon his conviction shall forfeit hie office o C. That Article III be amended to read as ~ol~ws: ARTICLE III Council and Legislation Regular Meetings. Section 1. The council shall meet at the official council chamber at seven-thirty (7:30) p.m. on the third Monday next following each regular city election, at which session newly elected council- men shall assume the duties of their office and shall determine the time for regular meetings, which shall be held at least once every two~(2) weeks° Special Meetings° Section 2o Bpeclal meetings of the City Council shall be called by the City Clerk on ithe written r~equest of the Mayor, or Manager, or any three Councilmen. Notice Of special meetings setting forth the purpose of such meeting must be given to each council at least six hours prior to such meeting by written notice served personally on each councilman or delivered to a person of suitable age and discretion at ~LiS usual place of residence; any special meeting of the City Council shall be a legal meeting° Quorum. Section 3o. A majority cf the c'ouncilmen ehal2 be a quorum fox. the transaction of business. The Council, by a majority vote of those present, may compel the attend-nco of its members and other officers of the city at its meetings and enforce orderly conduct therein. No councilman shall vote on any question in which he has any financial interest other than the common public interest; but on all other questions every councilman present shall vote° On all votes which are not unanlmous, the y~ or nay vote of each member shall be recorded by roll call, but where the vote is unanimous, it shall only be necessary to so s~ateo Rule s o 8ectlon $o The Council shall determine its own rules, and shall keep a Journal of its proceedings in the English lang,,ege which shall be signe~ by the City Clerk. All regular and special meetings of the Council shall be open to the publlc~ A summ~ry of the Council proceedings shall be prepared by the City Clerk an~ published in the official city newspaper° Inve s t lgat 1 on. Section 8. The Council,. the Manager, or any per, on or committee authorized by either of them, shall have power to inquire into the conduct of any department, office or officer of the city and to make investigation as to m~cl~al affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered upon the pro- visions of this section shall be a misdemeanor. Bureau of Public Information and Complaint. Section 9- There .is hereby established within the administrative service a bureau to be known as "Bureau of Public Information and Complaint" under the supervision of an official appointed by the Manager. It shall be the duty of such bureau to furnish inform~tlon concerning the city government and to receive the complaints of citizens relative to the public service for investigation and report. The procedure, for handling complaints shall be specified in the admini- strative code~'. The bureau here cre~ted may be assigned other duties not inconsistent with the pumpose of' this section. E. That Article V be amended by repealing sections 23 and 25 thereof. F. That Article VI be amended to read as follows: ARTICLE VI Schedule Submission of Oha~er. Section 1. This charter -sentient shall be submitted to a vote of the electorate of the city cT Bremerton for adoption or rejection at a special election to be called therefor. First Election. ' Section 2. If this charter amendment shall be adopted at said special election, the first Council to be chosen under it shall be elected at a speclal electlon to be held not later than fifty (50) chd~ar follo~dng the election for.the ado.Dries o~ rejection of this ter amendment. First Council Meeting. Section 3. The Council flret elected under this charter amend- merit shall assemble at the official chamber at. seven-thirty (?:30) p.m. on the seventh day following the election for councilmen and when the Council so elected shall have been called to order by the Cl~y Clerk, the Council existing under the previous char~er provisions shall ,cease to be, and the office and te~n of the Mayor and every council- man-commissioner holding office thereunder shall teminate and this charter become operative. Holdover Officers. Section 4. All officer~ holding office under the previous charter provisions, except the Mayor and councilmen-commlssloners, shall continue in office until their successors have been chosen and have qualified or the office has bees abolished. At the first meeting of the Council after the adoption of thie c~mrter amendment the Council shall appoint a temporary City Manager who shall hold the office until a perm-.nent City Manager has been appointed, but not to exceed ninety (90) days. Budget Adjustment s. Section 5- The .first Council elected under this charter amendment shall have authority, on ~ecommendation of the Manager, to make any necessary adjustments in the b~dget then in force. Ordinances Continued. Section 6. All charter provlelone, ordinances, resolutions, rules or regulations cf the city, not inconsistent with this charter amendment in force at the time this charter -mendment becomes effective and which are not specifically repealed or amended, shall continue in full force until a~ended or repealed. Ail administra- tive powers and duties of the commlssior~l-S under ~rter provisions not repealed shall be exercised by the Manager or 6that ap~propriate officers. Severabillty. 8sutton 7. The sections of this charter ~mendment and the parts thereof are severable, and in the event of any provlsi~n being declare~ unconstitutional or cc~rary to state law, it is hereby declared the intent of the electors voting thereon that such unconstitutionality or illegality s~ll not affect the validity of any other provleiSns of thle charter. G. That Article VII be amended by repealing section 30 thereof. H. That Article VIII be amended to read as follows: A~TI~E VIII Legal Depa~me nt Appointment. Section 1. The legal department of the city shall co, mist of a City Attorney, appointed by'the Manager, and such assistants as the Council may provide. All must be duly licensed attorneys of the State of Washington ~ qualified to practice in the Supreme Court of the State of Washington. The City Attorney shall h~ve practiced his profession within the State of Washington f~r not lees than five years ~mmediately preceding his appointment. The City Attorney may remove his assistants at his pleasure. Duties. Section 2o The City Attorney eBell be legal advisor of all officers, boards and departments of the city and shall bring and prosecute all actions which may be directed by .the manager or the City Council, and defend the city in all actions against it and any action in which the city, any officer, board or department is a party. --8-- officers and all other provisions relating to the manegement of elections except as otherwise provided in this charter, so far as they may be applicable, shall apply to and govern all municipal elect i one, Canvass of vote. Section 6. The Council sSall be the board of canvassers to canvass the vote at all elections under this charter. The Council s~all meet at seven-thirty (7:30) p.m., on the first Thursday after each election and publicly canvass the election returns, and shall determine the vote upon all questions or propositions and declare whether the sene have been adopted or rejected and what persons been elected at such election. The candidate or candidates, where more than one candidate is to'be elected to the ease office, who shall receive the greatest number of votes sh~ll be elected. ~otes. Section 7- If at any municipal election there shall be no choice between candidates by reason of two (2) or more having ~eceived an equal number of votes, the Council shall proceed to determine the election of such candidates by lot in the same manner, as near ae may be, as shall be provided by the general election ~aws of the state. Election Commission. Section 8. The electical oo~mmlesion shall consist of .the City Clerk, the Chief' of Police and the City Attorney. The City Clerk shall be Chairman. The commission shall appoint the inspectors of election and fix their compensation and shall perform all of the duties required of city election officials by state law o~ this charter. Voti.ng Hours, Section 9- The polls for all elections shall be opened at eight ~) a.m., on election day and ~emain open until eight (8) p.m, of the same J. That Article XI be amended by repealing Section 44 thereof. X. That Article XVIT be ~mended by adding the following section thereto: ARTICLE XVII Miscellaneous Provis ions Sections He-numbered. Section 1. All sections of each article cf the City Charter of the City cf Bremerton are hereby re-numbered so that all sections of each article shall commence with section one (1) and be numbered consecut ivelyo -10-