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 ~
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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:
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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.
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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
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