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00610News From: Municipal Research and Services Center of Washington. Service of Process on the Mayor is Required. In Meadowdale Neighborhood Committee v. City of Edmonds observed that courts would be called upon to decide, for File No. 8466-6-1, Division One, the State Court of Appeals example, whether delivery of the summons to a deputy mayor. to mayor's administrative assistant, or to. held on September 15, 1980 that service of process on the secretary to the mayor is insufficient service of is sufficient, or a the secretary to an administrative assistant, and -others. temporary. upon s city in view of RCW 4.28.080(2). The relevant Therefore the Court concluded that confusion and process part of this statute provides: uncertainty can be avoided by interpreting the statute according to its plain terms. "The summons shall be served by delivering a copy thereof, as follows: 11(2) If against any town or incorporated city in The Washington the state, to the mayor thereof." Model Traffic ordinance The plaintiff recognized that the general rule is that when a statute designates .o particular person or officer upon whom in an action against a The replies received thus far to a survey letter from the service of process is to be made municipality, no other person or officer may be substituted. Municipal Research and Services Center of Washington to and However, it was contended that service on the mayor's on the mayor himself and Washington cities and towns to determine what cities towns have adopted the MTO (Ch. ,46.90 RCW), indicate that secretary was, in essence, service substantial compliance with 112 cities and towns have adopted it and several others are that such ,service constitutes RCW 4.28.080(2). The Court concluded that the doctrine of giving serious consideration to adopting it. substantial compliance is inapplicable when the issue is The MTO developed in response to the pressing need of whether service of. process, has been valid so as to subject. a was many cities, towns, and counties of the State 'of Washington municipality to the court's jurisdiction. for 'an economical and effective method `of keeping their It is ;indicated that the process server never spoke with the traffic ordinances up to date. It provides a uniform of traffic laws which may adopted by cities mayor .to make, arrangements for a mutually agreed upon Also, the record, in the form of an compilation and towns .and counties by reference in whole or in part, manner of delivery. . affidavit by the mayor, made it clear that no one had been . including all future amendments thereto. The Washington that change adopted by the appointed or delegated by the mayor to accept service for MTO provides in effect any legislature is also to automatically change local ordinances the city. accordingly, thus eliminating the need for local legislative bloreover, the Court stated that the general rule is that action unless the local authority (e.g., cities, towns, or desires to specifically exclude the changes that are strict compliance is required with statutes nami ng particular counties) persons upon whom service of process is to be made in f court made by the legislature. actions against municipalities, citing a number o decisions from other jurisdictions. Accordingly the Court concluded that strict compliance with the statutory requirements of service or process is the prerequisite to the Court's acquiring jurisdiction over a city. It was pointed out in a footnote that by RCW 4.28.080(2) the legislature has designated the mayor to receive service of process as agent for the city. No provision is made in this statute for the mayor to appoint another to accept service on his behalf for the city. It was also observed that no argument was made supporting the contention that, by necessary implication, RCW 4.28.080(2) empowers the mayor to designate another to accept service. It is then concluded that it would therefore seem that even if the mayor had authorized the substitute secretary to accept service, such attempted authorization would be ultra vires. The National Committee on Uniform Traffic Laws and Ordinances has indicated that the observance of traffic rules by the public is largely conditioned on clarity, reasonableness, uniformity, and knowledge of the regulations and that nonuniform laws and ordinances are a source of inconvenience and hazard to both the motorist and the pedestrian. In recognition of these matters a "Model Traffic Ordinance" was developed by the above -mentioned National Committee with the objective of encouraging states to develop a model traffic ordinance to be enacted by the state legislature in the form of an enabling act in the various states. The Washington A1TO has been patterned after the sections of the "Model Traffic Ordinance" of this National Committee with certain adaptations. A bill was therefore prepared to carry out the objectives of this National Committee and to encourage highway safety by Finally, the Court stated that there are public policy reasons providing current, uniform traffic ordinances. Other primary for its decision. To hold otherwise under the instant factual objectives of this bill were to facilitate keeping local traffic circumstances would open the door to a host of problems ordinances up to date and to adopt many Washington traffic which would inevitably arise in similar situations. The Court statutes by reference to keep publication costs to a Page 6 City News October 1980