Ordinance 4279ORDINANCE NO. 4279
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHING TON, AMENDING CHAPTER 2.05 OF THE
EDMONDS CITY CODE CONCERNING THE CITY
ATTORNEY AND CITY PROSECUTOR.
WHEREAS, chapter 2.05 ECC has not been updated since 1994; and
WHEREAS, there are many respects in which chapter 2.05 ECC no longer reflects the
current reality of the manner in which legal services are provided; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 2.05 the Edmonds City Code, entitled "City Attorney," is hereby
amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this
reference as if fully set forth (new text is shown in underline; deleted text is shown in stfike-
through).
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
October 27, 2022
November 1, 2022
November 4, 2022
December 1, 2022
4279
SUMMARY OF ORDINANCE NO. 4279
of the City of Edmonds, Washington
On the I st day of November, 2022, the City Council of the City of Edmonds, passed
Ordinance No. 4279. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHING TON, AMENDING CHAPTER 2.05 OF THE
EDMONDS CITY CODE CONCERNING THE CITY
ATTORNEY AND CITY PROSECUTOR.
The full text of this Ordinance will be mailed upon request.
DA TED this 4th day of November, 2022.
~SEY
3
Chapter 2.05
CITY ATTORNEY A ND CI TY P ROSECUTOR
Sections:
2.05.010 Legal counsel -Professional services contract.
2.05.015. Legal counsel -In house.
2 .05 .020 City Attorney Duties.
2 .05 .025 . City Prosecutor Duties.
2 .05.030 Compensation .
2.05.035 . Performance review.
2.05.010 Legal counsel -Professional services contract.
Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the
provisions of RCW 35A.12.020 £1:l.aU..-may be provided through a-professional services contract.
::J:.Ae-Any such professional services contract shall be let on such basis as a majority of the
Edmonds city council shall determine. The city council may. from time to time. with or without
cause, on such basis as a majority of the Edmonds city council shall determine. undertake a
request for proposal process for city attorney and/or city prosecutor services~
consultant selection process established by Chapter 2.&0 ECG provided that the mayor shall
participate with the city council consultant selection committee in the selection of up to three
candidates for presentation to the city council for its final approval. PROVIDED THAT nothing in
t h is code or other city policy shall be construed as requiring the city council to undertake a
request for proposa l process prior to renewing or approving a contract for legal services .
LA-By its contract, the city council 5Ha-l+-.fllg,)'._approve appoint an individual or firm to be
designated as city attorney. [Ord. 3000 § 1, 1994 ; Ord. 2996 § 1, 1994; Ord . 926 § 1,
~
B. By its contract. the city counci l 51:l-aUmay appoint an ind!yidual or firm to be designated
as city prosecutor.
2.05.015 Legal co unsel -In house.
Any appointment of an in-house city attorney. in -house city prosecutor. or in-house legal.
department shall require city council approval of the requisite FTE positions through the
budget process prior to appointment. Add itional ly. any such attorney appointmeAted shall
be subject to the "appointive officer'' city council confi rmation of each attorney S9::Mf)e-if\te4
using the process set forth in chapter 2.1 O ECC regard less of whether the attorney's pos ition
is a director-level pos ition .
2.05.020 City Attorney Duties.
A. The city attorney shall serve the Cit_y of Edmonds jn a manner that comports with the Ru les of
Professional Conduct and the laws of t he state of Washington.
,fLThe city attorney shall ad v ise the city authorities and officers o n a ll .mdl_lega l matters
pertaining to the business of the ci ty_,_ -af\4The cit_y attorney shall indicate with a signature
whether approve a ll ordinances are approved as to form , PROVIDED T HAT bond counsel shall
provide that indication for bond ord inances. -1=1-e-The city attorney shall represent the city in all
actions brought by or against the city or against city offic ials in their official capacities , except in
t he follow ing circumstances : 1 l where city attorney's contract with the city expressly excludes
such actions from its scope: 2) where rep r esentation is provided through an insurance
compact.~ contract. or tender of defense: 3) where t h e city counc il has contracted with a
different individual or firm to r epresent the city in that particular action: and/or 4) where the
city attorne;y h as a conflict of interest t hat wou ld prevent the representation.
g_c., In addition to the duties prescribed by the laws of the state of Washington as hereinabove
set forth, the city attorney shall:
1. Attend all regular and special council meetings; provided, however, that the city
attorney shall be required to attend committee meetings. study sessions. retreats. or
other work meetings of the council only at the request and direction of the counci l, the
council president, or the city administration;
2. Draft or approve as to form all ordinances (except those drafted by bond counsel),
lease sL aA4-conveyances, and such other instruments as may be required by the business
of the city. including. but not l imited to, ordinances and reso lutions requested by city
council action;
3. Attend all regular and work meetings of the planning advisory board of the city of
EdmondsL as requested by the council. the council president, the planning board, the
p lanning board cha ir, or the city administration;
4, Provide train i ng to the city council and the city's boards and commissions~
and other officia ls on the Open Pub lic Meetings Act and other applicable legal topics, as
requested by the city council. the counci l president. or the city administration:
5. Hold office hours at city hall and/or virtua lly. as requested, and be general ly available to
meet with and advise the city officials mayor's staff:
6. Draft legal memoranda as requested by the city administration or action of t he city
council: and
7 . Wo rk with city staff. as appropriate. to draft and present to the city council code
amen dmen ts , as reques ted by the city council. the council pres ident or by th e city
administration .
8. Pe r form other tasks as requested by the city council. the counci l president. or the city
adm inistration.
9 . Prov ide an a nnual update t o the council and the publi c.
The mayor and/or city council may assign the duties set forth in the preceding section
accordingly.
4. Attend all sessions of the Edmonds Municipal Court. (Ord . 2430, 1984; Ord. 1107, 1965;
Ord. 926 § 2, 1962].
2 .05.025 City Pr osecutor Duties.
A. The city prosecutor shall serve the City of Edmonds in a manner that co m ports w ith t he Ru les
of Profess i o na l Co n duct and t he laws of t h e state of Washington.
B. l n ad d ition to the duties prescribed by the laws of the state of Washington as h ereina bove
set forth. t h e city prosecutor sh all:
1 . Exercise d iscretion t o pP-rosecute criminal violatio ns of t h e city's code .
2 . Defend any appeals or o the r revi ew p ro ceedi ngs ari sin g from t h e Edmonds Mun icipa l
3. Attend all sessions of t he Edmo nds Mun icipal Court.
4 . Provide an annual update to the cou n cil and the public.
2.05.030 Compensation.
The city's Any contract leg al counsel attorney shall be paid for services rendered pursuant to
the terms of the contract approved by the city council and in accordance with an annual
authorization for services as contained in the city council's budget. Such authorization terms
shall provide for f!GtJ4y-f ees and expenses. The city council may in its discretion contract for the
services of more than one firm or individual to provide different legal services to the city.,_ -a.AG
the mayor and city counc il may ass ign the duties set forth in the preceding section accordingly.
[Ord . 2967 § 1, 1994; Ord. 23 19 § 1, 198-2}.
I 2.05.035 Performance review.
Th e city counci l may. from time to t ime. with or w it h out cause. on suc h bas is as a ma jo r it;y of
t h e Ed m onds city counci l shall d ete rmi ne, und ert ak e a perfo r mance review of t he city atto rn ey
and/or city prosecutor. Th e m ay o r may. from time to t ime. wit h o r w ithout cause. in t he mayor's
sole d iscre t ion. an d u pon due not i ce to co u ncil, un d ertake a separate perfor m a nce r eview of
t h e city atto rn ey and/or ci t y prosecuto r . The may or and city council may a lso con d uct joint
perform ance rev iews as app r opriat e.
Everett Daily Herald
Affidavit of Publication
State of Washington}
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily Iiewspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH966210 ORDINANCE 4279
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 11/04/2022 and
ending on 11/04/2022 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
Th, ,mooot ~ rub ii PHO" ;,
$22.36. ~
Subscribed
~
and sworn r;;:. me on this
dayof/ ~
~✓~-/
Notny Public;,,""' lb< :..=r
Washington.
City ofEdmoodr-LEGALADS I 14101416
SCOTT PASSEY
Linda Phillips
Notary Public
Stc:te of \'·h,shington
My A;;;::io ntmenl Expires 8/29/2025
Commission /·iumb~r 4--117
Cla~sified Proof
ORDINANCE SUMMARY
of u,e City cf E(lmood$, Wasnlng1on
On Ille 1s1 Clny ol Novo,mbOr , ~022, !he City council ot 1ne Ciiy ol
Edmond.I . panod lhe tollOWmg O(dn:,ncc. Utt summary of S1J1d
01dlnanco consisting ol Ullo Is proo lded •• to now,
OJ!O~•M+~~ NOOlf~ All Of1DINANC!a0 . OF EDMONDS,
WASHINOTON, AMENDING CHAPTER 2 05 OF TiiE
EOUONOS CJTY CODE CONCERNING TiiE CITY
ATTORNEY ANO CITY PROSECUTOR .
DATED mls 161 Day ol Noo omt,,er 2022
CITV CLERK. SCOTT PAS SEY
Publish ed : Nove,nber 4. 2022. EOHOG62 10
Proofed by Phillips, Linda, 11/04/2022 11 :37:25 am Page: 2