HomeMy WebLinkAboutOrdinance 4367ORDINANCE NO. 4367
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 2.10 ECC (CONFIRMATION AND
DUTIES OF APPOINTIVE OFFICERS) TO AMEND THE
AUTHORITY OF THE MAYOR IN APPOINTING ACTING
DIRECTORS FOR APPOINTIVE OFFICES; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DA TE.
WHEREAS, Chapter 2.10 ECC provides, m part, for the filling of vacancies m
appointive offices; and
WHEREAS, ECC 2.10.010 authorizes the Mayor to appoint Acting Directors to
temporarily perform the functions and duties of vacant appointive offices; and
WHEREAS, the term "vacant" is undefined and has been interpreted to mean an
appointive office in which the previous Director has been separated from employment; and
WHEREAS, it has been determined that the appointment of an Acting Director may be
needed prior to the previous Director's official separation from employment when such Director will no
longer be performing any of the functions or duties of the appointive office;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 2.I0.010 is amended to read as follows (new text 1s shown m
underline):
2.10.010 Review of vacancies, appointment authority and confirmation process.
A. Periodically, when the city conducts a salary survey regarding its nonrepresented
employees, and whenever a vacancy occurs in one of the positions listed in this chapter,
the city council may review the specifications for the appointive officer position(s) and
revise them as needed before acting to confirm a permanent appointment. Nothing in this
subsection shall be construed to prevent the city council from reviewing such specifications
at other times. The council's revising of a specification will not have any effect on a
previously confirmed permanent appointment. Recruitment to fill a vacant appointive
office may be postponed until after the city council acts to revise the specifications or
determines them not to be in need of revision.
B. The mayor or his/her designee will review all applications and determine the persons
with the highest qualifications. Any city council member, upon request to the mayor may
review the applications received for a vacant position. Additionally and/or alternatively,
the city council may evaluate the qualifications of an applicant for public employment in
executive session pursuant to RCW 42.30.110(1 )(g).
C. If, on occasion of a vacant appointive office, the mayor elects to propose a
reorganization of the appointive offices which would alter the specifications of the vacant
appointive office, he/she shall have 60 days from the date of the vacancy to introduce a
reorganization proposal to the city council along with any necessary accompanying budget
amendment. If reorganization is proposed, recruitment to fill the vacant appointive office
may be postponed until after the city council acts upon the reorganization proposal.
D. The mayor shall appoint, subject to council confirmation, the appointive officers. The
city council shall interview the top three candidates for each position prior to the mayor's
appointment; provided, that the city council may waive the three-interview requirement by
motion adopted by a majority plus one of the full council and may opt to interview as few
as two candidates for any vacant appointive office; and further provided, that when an
appointive office becomes vacant, or is about to become vacant, again within nine months
of the city council's confirmation of the last mayoral appointment to that office, the city
council may waive an additional round of interviews, by motion adopted by a majority plus
one of the full council, and proceed immediately to confirming the appointment of a
candidate interviewed by the city council during the most recent recruitment for that
appointive office. The mayor's appointments to all other employee positions shall not be
subject to city council confirmation.
E. The mayor shall have the authority to appoint, without city council confirmation, an
acting director to perform the functions and duties of a vacant appointive office, subject to
the term limitations described in ECC 2.10.040(B); provided, that there is budgetary
authority to fill the position. The city council shall be given written notice about any such
acting appointments including the effective date of the appointment. Acting directors shall
be compensated pursuant to applicable ordinances and personnel policies regarding acting
pay. An appointive office will be deemed vacant: (i) as of the date the appointive officer
has been separated from employment; or (ii) prior to the date of separation if the mayor has
made a final decision to separate the employment of the appointive officer and such
appointive officer has been infomwd of sue!; Elec ision. has been placed on 13:a:te
administrative leave, and will no longer be performing any of the functions or duties of
such appointive office.
F. The mayor shall begin recruitment of candidates to fill vacant appointive offices no later
than 30 days after the latter of the two city council actions described in subsections (A) and
(C) of this section; provided, that such recruitment shall not be necessary where the city
council opts to make an immediate confirmation pursuant to a prior round of interviews as
set forth in subsection (D) of this section.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
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Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
ATTEST/ AUTHENTICATED:
~SEY
APPROVED AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
MAYOR MlKE ROSEN
September 19, 2024
September 24, 2024
September 27, 2024
October 2, 2024
4367
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SUMMARY OF ORDINANCE NO. 4367
of the City of Edmonds, Washington
On the 24th day of September, 2024, the City Council of the City of Edmonds, passed Ordinance
No. 4367. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 2.10 ECC (CONFIRMATION AND DUTIES OF
APPOINTIVE OFFICERS) TO AMEND THE AUTHORITY OF THE MAYOR
IN APPOINTING ACTING DIRECTORS FOR APPOINTIVE OFFICES;
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of September, 2024.
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