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Ordinance 44061 ORDINANCE NO. 4406 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO ACTING OFFICERS 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; and WHEREAS, the city council would like to clarify certain aspects of this code with regard to acting officers; and WHEREAS, certain other amendments are necessary to provide for the confirmation of a city administrator; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.10 of the Edmonds City Code, entitled “Confirmation and Duties of Appointive Officers,” is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike-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, 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 pub) ication of an approved summary thereof consisting of the title. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY~ JEFFTARADY - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO.: APPROVED: MAYOR MIKE ROSEN August 14, 2025 August 19, 2025 August 22, 2025 August 27, 2025 4406 2 3 SUMMARY OF ORDINANCE NO. 4406 of the City of Edmonds, Washington On the 19th day of August, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4406. 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 OF THE EDMONDS CITY CODE RELATING TO ACTING OFFICERS The full text of this Ordinance will be mailed upon request. DATED this 19th day of August, 2025. CITY CLERK, SCOTT PASSEY Chapter 2.10 CONFIRMATION AND DUTIES OF APPOINTIVE OFFICERS Sections: 2.10.005 Definitions. 2.10.010 Review of vacancies, appointment authority and confirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Terms and extensions of terms. 2.10.050 References. 2.10.005 Definitions. A. Appointive Officer. For the purposes of this chapter, “appointive officer” means the following city officers that are appointed by the mayor and subject to city council confirmation: the city administrator and all director-level positions in the city’s adopted budget, including the police chief. B. Specifications. For the purposes of this chapter, “specifications” means the functions, powers, duties, compensation, and working conditions of the city’s appointive officers. [Ord. 3959 § 1 (Att. A), 2014]. 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 officer director to perform the functions and duties of a vacant, funded 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 officers directors shall be compensated pursuant to applicable ordinances and personnel policies regarding acting pay. An appointive office will be deemed vacant: (1) as of the date the appointive officer has been separated from employment; or (2) 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 placed on 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. 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. [Ord. 4373 § 1, 2024; Ord. 4367 § 1, 2024; Ord. 3959 § 1 (Att. A), 2014; Ord. 3279 § 1, 1999]. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the city’s appointive officers and employees. The mayor shall direct, supervise, and be in charge of all appointive officers and employees in the performance of their functions, powers, and duties, except for employees hired pursuant to Chapter 2.03 ECC. Appointive officers shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their respective assigned departments, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the departmental budget, and insuring the delivery of quality public services. All appointive officers department directors shall serve at the pleasure of the mayor. [Ord. 3959 § 1 (Att. A), 2014; Ord. 3279 § 1, 1999]. 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been exempted from civil service. [Ord. 3959 § 1 (Att. A), 2014; Ord. 3279 § 1, 1999]. 2.10.040 Terms and extensions of terms. A. Permanent appointive officers shall serve without a definite term. B. The authority to hold an appointive office on an acting basis (an acting office directorship) shall expire and be deemed vacant six months after the date of the acting appointment. If, during that six-month period, the administration has not been able to generate sufficient interest from suitable candidates to satisfy the city council interview requirement (see ECC 2.10.010(D)), the mayor may request an extension of acting office directorship authority from the city council, in increments of no more than six months at a time, to allow the recruiting process to continue. After the initial six-month term, each extension of the acting office directorship shall be subject to city council confirmation. Similarly, any employment agreement or services contract beyond a six-month term shall require city council approval. C. Both permanent and acting appointive officers shall be at-will positions serving at the pleasure of the mayor. [Ord. 3959 § 1 (Att. A), 2014]. 2.10.050 References. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the community development director, said reference shall hereafter be construed to mean the planning and development director. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director. With the exception of ECC Title 3, wherever references are made in the Edmonds City Code or Edmonds Community Development Code to the community services director, said references shall hereafter be construed to mean planning and development director; provided, that references to the community services director in ECC Titles 7, 9 and 18 and Chapter 4.68 ECC and Chapter 17.95 ECDC shall hereafter be construed to mean public works director. Wherever reference is made in the Edmonds City Code to the community services/economic development director and if that position is not funded, said reference shall be construed to mean the city administrator. [Ord. 4299 § 1 (Exh. A), 2023; Ord. 3959 § 1 (Att. A), 2014; Ord. 3279 § 1, 1999]. The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 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 EDH1018568 ORD NOS: 4404-4406 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 08/22/2025 and ending on 08/22/2025 and that said newspaper was regularly distributed to its subscribers during all of said period. The amoun $44.72. Subscribed and sworn 7,1_.~ dayof -z...o~. publication is before me on this ~~. Notary Public in and for the State of Washington. C:ily of Edmund~· LEGAL ADS J 14101416 SCOTT PASSEY , ··rt11 • Cfassified Proof or 11·"' 0 JlW~i1o</J;,~~~ 1 ~:~Jngton On lhe 19th Day of Aug\lsl, 2025, lhe City Council of the City ol Edmonds , plls .. d lhe ro ,owirig Otdina,ic~. the summary of said 01d fnances consl.slJng or (1tles are pro ded as follows: ORDINANCE NO . .UO< AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON , f(ElATING TO THE IMPOSITION Of A PUBUC SAFETY SALES ANO USE TAX F~ CRIMINAL JUSTICE PURPOSES. QRDJNANCE NO. ¥0S AN ORDINANCE OF THE CITY Of EDMONDS, WAS)"IINGTO,-4 , ADOP'l'lNG PERMANENT DEVELOPMENT REGULATIONS PERTAINING TO THE NEIGHBORBOOO ~!PrEMN\~v~'t.~iNT~-i; ~~J~rJIJ'~~r 1m-E17~ ,, 1 DEVELOPMENT REGULATIONS THAT WERE ADOPTED WITH ORDINANCE 4382 ANO EXTENDED WIJTH ORD INANCE 4396. ORDINANCE NO 4406 AN OROINI\NCE Of THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELAl"ING TO ACTING OFFICERS, DATED u,!1 19111 03'/ of Aug\131, 2025. CITY CL!cRK . SCOTT PASSEY Published : August 22, 2025. EDH1018568 Proofed by Pospical, Randie , 08/22/2025 12:06:39 pm ''''I I I Page:2