Ordinance 35350006.900000
WSS /gjz
8/3/04
ORDINANCE NO. 3535
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
CHAPTER 10.30 DISABILITY BOARD, SECTION 10.30.010
BOARD CREATED - TERMS OF OFFICE IN ORDER TO
DELETE A PROHIBITION AGAINST SERVING MORE THAN
TWO CONSECUTIVE TERMS, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Edmonds Disability Board has recommended to the City Council
that a limitation restricting Board membership to two consecutive terms be deleted, and
WHEREAS, two of the positions are elected by members of the police department
and fire department and the City Council desires that the choice of these elected representatives
not be artificially limited; and
WHEREAS, RCW 41.26.110 provides for the election of representatives from
"active or retired firefighters or police officers to be elected by persons "employed by or retired
from" the department; and
WHEREAS, ECC 10.30.010 refers only to active officers and firefighters, and
WHEREAS, the City Council wishes to amend the provisions of Section
10.30.010 to conform to state statute, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECC 10.30.010 Board created - terms of office is hereby amended to
read as follows:
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10.30.010 Board created - terms of office.
A. Board Created. There is created a Disability Board having
that jurisdiction over police officers and firefighters as provided by
Chapter 41.26 RCW and, specifically RCW 41.26.110 composed
of the following five members:
1. Two members of the City Council to be appointed by the
Mayor;
2. One active or retired firefighter to be elected by the
firefighters employed by or retired from the City;
3. One active or retired law enforcement officer to be elected
by police officers employed by or retired from the City; and
4. One member from the public at large who resides within
the City of Edmonds to be appointed by the other four appointed
members designated in this section.
B. ' Terms. All members appointed or elected pursuant to this
selection shall serve for two -year terms.. An appointment may be
made to fill the unexpired portion of a term less than two years in
length. Members shall not receive compensation for their service
upon the Disability Board but shall be reimbursed for all travel
expenses incidental to such service. The Disability Board shall
perform all functions, exercise all powers, and make such
determinations as specified under the foregoing laws of the State of
Washington as they may be amended from time to time.
Section 2. 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.
APPROVED:
MA OR G NSON
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ATTEST /AUTHENTICATED:
�-/ l6e�
TY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF( H PHY A RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/11/2005
PASSED BY THE CITY COUNCIL: 02/15/2005
PUBLISHED: 02/20/2005
EFFECTIVE DATE: 02/25/2005'
ORDINANCE NO. 3535
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SUMMARY OF ORDINANCE NO. 3535
of the City of Edmonds, Washington
On the 15th day of February, 2005, the City Council of the City of Edmonds,
passed Ordinance No. 3535. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF ECC CHAPTER 10.30 DISABILITY BOARD, SECTION 10.30.010
BOARD CREATED - TERMS OF OFFICE IN ORDER TO DELETE A PROHIBITION
AGAINST SERVING MORE THAN TWO CONSECUTIVE TERMS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of February, 2005.
"e� C14,
ITY CLERK, SANDRA S. CHASE
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RCW 41.26.1.10
City and county disability boards authorized -- Composition -- Terms -- Reimbursement for travel
expenses -- Duties.
(1) All claims for disability shall be acted upon and either approved or disapproved by either type of
disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or more shall establish a disability board having
jurisdiction over all members employed by those cities and composed of the following five members:
Two members of the city legislative body to be appointed by the mayor; one active or retired fire fighter
employed by or retired from the city to be elected by the fire fighters employed by or retired from the
city who are subject to the jurisdiction of the board; one active or retired law enforcement officer
employed by or retired from the city to be elected by the law enforcement officers employed by or
retired from the city who are subject to the jurisdiction of the board; and one member from the public at
large who resides within the city to be appointed by the other four members designated in this
subsection. Only those active or retired fire fighters and law enforcement officers who are subject to the
jurisdiction of the board have the right to elect under this section. All fire fighters and law enforcement
officers employed by or retired from the city are eligible for election. Each of the elected members shall
serve a two year term. The members appointed pursuant to this subsection shall serve for two year
terms: PROVIDED, That cities of the first class only, shall retain existing firemen's pension boards
established pursuant to RCW 41.16.020 and existing boards of trustees of the relief and pension fund of
the police department as established pursuant to RCW 41.20.010 which such boards shall have authority
to act upon and approve or disapprove claims for disability by fire fighters or law enforcement officers
as provided under the Washington law enforcement officers' and fire fighters' retirement system act.
(b) Each county shall establish a disability board having jurisdiction over all members residing in the
county and not employed by a city in which a disability board is established. The county disability board
so created shall be composed of five members to be chosen as follows: One member of the legislative
body of the county to be appointed by the county legislative body; one member of a city or town
legislative body located within the county which does not contain a city disability board established
pursuant to subsection (1)(a) of this section to be chosen by a majority of the mayors of such cities and
towns within the county which does not contain a city disability board; one active fire fighter or retired
fire fighter employed by or retired from the county to be elected by the fire fighters employed or retired
in the county who are not employed by or retired from a city in which a disability board is established
and who are subject to the jurisdiction of the board; one law enforcement officer or retired law
enforcement officer employed by or retired from the county to be elected by the law enforcement
officers employed in or retired from the county who are not employed by or retired from a city in which
a disability board is established and who are subject to the jurisdiction of the board; and one member
from the public at large who resides within the county but does not reside within a city in which a city
disability board is established, to be appointed by the other four members designated in this subsection.
However, in counties with a population less than sixty thousand, the member of the disability board
appointed by a majority of the mayors of the cities and towns within the county that do not contain a city
disability board must be a resident of one of the cities and towns but need not be a member of a city or
town legislative body. Only those active or retired fire fighters and law enforcement officers who are
subject to the jurisdiction of the board have the right to elect under this section. All fire fighters and law
enforcement officers employed by or retired from the county are eligible for election. All members
appointed or elected pursuant to this subsection shall serve for two year terms.
(2) The members of both the county and city disability boards shall not receive compensation for
their service upon the boards but the members shall be reimbursed by their respective county or city for
all expenses incidental to such service as to the amount authorized by law.
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(3) The disability boards authorized for establishment by this section shall perform all functions,
exercise all powers, and make all such determinations as specified in this chapter. '
[2003 c 30 § 3; 2000 c 234 § 1; 1988 c 164 § 1; 1982 c 12 § 1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969 ex.s. c 219 § 3;
1969 ex.s. c 209 § 11.]
NOTES:
Severability - -1974 ex.s. c 120: See note following RCW 4.1_26.030.
Adopted by Reference
Ordinance # 353 5 on a? -1505
City Clerk
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3535
o t e Crty o mon s, as m�ton
On the 15th day of February, 2005, the City Council of
City of Edmonds, passed Ordinance No. 3535. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
�AN ORDINANCE OF THE CITY OF TON, AMENDING THE PROVISIONS OOF ECC CHAPTER'
10.30 DISABILITY BOARD, SECTION 10 30-010 BOARD'
1CCREAI I $� OFFICE IN ORDER TO DELETE-A
'CONSECUTIVE TERMS, AND FIXING A MORE TWO
TIME WHEN E
SAME,SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of February, 2005.
CITY CLERK, SANDRA S. CHASE
Published: February 20, 2005.
RECEIVED
FEB 2 5 2005
EDMONDS CITY CLERK
n
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3535
City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
February 20, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of February, 2005
21st
Notary Publicn-and fo the State of Washington, residing at
County.
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Account Name: City of Edmonds Account Number. 101416 Order Number: 0001260510