Ordinance 4373ORDINANCE NO. 4373
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 2.10.010 OF THE
EDMONDS CITY CODE, ENTITLED "REVIEW OF
VACANCIES, APPOINTMENT AUTHORITY AND
CONFIRMATION PROCESS," TO ESTABLISH A PROCESS
FOR DEVIATING FROM THE STANDARD REQUIREMENTS
OF THAT SECTION.
WHEREAS, RCW 35A.12.090 states that the mayor shall have the power of appointment
of all appointive officers and employees; and
WHEREAS, RCW 35A.12.090 further states that confirmation by the city council of
appointments of officers and employees shall be required only when the city charter, or the council
by ordinance, provides for confirmation of such appointments; and
WHEREAS, the city council has previously provided for the city council's confirmation
of director level mayoral appointments in chapter 2.10 of the Edmonds City Code along with
related procedural requirements; and
WHEREAS, the city council would like to provide some flexibility to deviate from the
requirements of ECC 2.10.010 when circumstances so warrant; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 2.10.010 of the Edmonds City Code, entitled "Review of vacancies,
appointment authority and confirmation process," is hereby amended to read as follows (new text
is shown in underline; deleted text is shown in stFike thFeu 'h):
2.10.010 Review of vacancies, appointment authority and confirmation
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 42.3 0.11 0(l)(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 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.
F. The mayor shall begin recruitment of candidates to till 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.
G. In the event that the mayor believes it to be in the city's best interest to deviate
from the timelines, processes, or other requirements of this section, the mayor may request
that the city council consent to such deviation by adopting a resolution to that effect.
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Section 2. Severabilily. 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, being an exercise of a power specifically
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.
APPROVED:
MAYOR KE rOSEN
ATTEST/AUTHENTICATED:
cs��
CITY CLERK, &RfFT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: November 21, 2024
PASSED BY THE CITY COUNCIL: November 26, 2024
PUBLISHED: November 30, 2024
EFFECTIVE DATE: December 5, 2024
ORDINANCE NO. 4373
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SUMMARY OF ORDINANCE NO. 4373
of the City of Edmonds, Washington
On the 261h day of November, 2024, the City Council of the City of Edmonds, passed
Ordinance No. 4373. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 2.10.010 OF
THE EDMONDS CITY CODE, ENTITLED "REVIEW OF
VACANCIES, APPOINTMENT AUTHORITY AND
CONFIRMATION PROCESS," TO ESTABLISH A
PROCESS FOR DEVIATING FROM THE STANDARD
REQUIREMENTS OF THAT SECTION.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of November, 2024.
CI CLERK, SCOTT P SEY
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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 newspaper 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 EDH1005947 ORD NO 4373 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 11/30/2024 and
ending on 11/30/2024 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount f the fee for �chublication is
$25.80.
Subscribed and sworn before me on this
2 day of e.Al'-
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Notaryic in and for the State of
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Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
On the 26th Day of November 2024, me City Council of Ine City of
Edmonds, passed the following Ordnance, the summary of said
ofdlnance consisting of Ilk IS provided as fo9ows:
QQR__D�INANC N0.4373
AN ORDINANCE O�TKE CITY�E�M8NDS, WASHINGTON.
AMENDING SECTION 2.10,010OF THE EDMONDS CITY CODE
ENT ITLED'REVIEW OF VACANCIES, APPOINTMENT
AUTHORITY AND CONFIRMATION PROCESS; TO ESTABLISH
A PROCESS FOR DEVIATING FROM THE STANDARD
REQUIREMENTS OF THAT SECTION.
DATED this 26tn Day of November, 2024.
CrfY CLERK, SCOTT PASSEY
Pubpshed: Novembei,30,2024. EDH1005947
Proofed by Pospical, Randie, 12/02/2024 09:48:38 am Page: 2