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Ordinance 43181 ORDINANCE NO. 4318 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. WHEREAS, chapter 2.05 ECC was last updated in 2022 with Ordinance 4279; and WHEREAS, the council would like to further amend chapter 2.05 to further clarify the respective roles of the city council and administration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.05.010 of the Edmonds City Code, entitled “Legal counsel – Professional services contract.,” is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike-through). Section 2. Section 2.05.035 of the Edmonds City Code, entitled “Performance review,” is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike- through). Section 3. 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 4. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. 2 APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: August 11, 2023 PASSED BY THE CITY COUNCIL: August 15, 2023 PUBLISHED: August 18, 2023 EFFECTIVE DATE: September 16, 2023 ORDINANCE NO. 4318 3 SUMMARY OF ORDINANCE NO. 4318 of the City of Edmonds, Washington On the 15th day of August, 2023, the City Council of the City of Edmonds, passed Ordinance No. 4318. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF CHAPTER 2.05 OF THE EDMONDS CITY CODE CONCERNING THE CITY ATTORNEY AND CITY PROSECUTOR. The full text of this Ordinance will be mailed upon request. DATED this 15th day of August, 2023. CITY CLERK, SCOTT PASSEY 4 EXHIBIT A Chapter 2.05 CITY ATTORNEY AND CITY PROSECUTOR Sec�ons: 2.05.010 Legal counsel – Professional services contract. 2.05.015 Legal counsel – In-house. 2.05.020 City atorney du�es. 2.05.025 City prosecutor du�es. 2.05.030 Compensa�on. 2.05.035 Performance review. 2.05.010 Legal counsel – Professional services contract. Legal counsel services for the city of Edmonds, Snohomish County, Washington pursuant to the provisions of RCW 35A.12.020 may be provided through professional services contract. Any such professional services contract shall be let on such basis as a majority of the Edmonds city council shall determine. The city council may, from �me to �me, with or without cause, on such basis as a majority of the Edmonds city council shall determine, undertake a request for proposal process for city atorney and/or city prosecutor services; p Only the city council may, from �me to �me, with or without cause, by means of a majority vote, determine to publicize a request for proposal process for city atorney and/or city prosecutor services. Provided, that nothing in this code or other city policy shall be construed as requiring the city council to undertake a request for proposal process prior to renewing or approving a contract for legal services. A. By its contract, the city council may appoint an individual or firm to be designated as city atorney. B. By its contract, the city council may appoint an individual or firm to be designated as city prosecutor. [Ord. 4279 § 1 (Exh. A), 2022; Ord. 3000 § 1, 1994; Ord. 2996 § 1, 1994; Ord. 926 § 1, 1962]. 2.05.015 Legal counsel – In-house. Any appointment of an in-house city atorney, in-house city prosecutor, or in-house legal department shall require city council approval of the requisite FTE posi�ons through the budget process prior to appointment. Addi�onally, any such atorney appointed shall be subject to the “appoin�ve officer” city council confirma�on process set forth in Chapter 2.10 ECC regardless of whether the atorney’s posi�on is a director-level posi�on. [Ord. 4279 § 1 (Exh. A), 2022]. 5 2.05.020 City atorney du�es. A. The city atorney shall serve the city of Edmonds in a manner that comports with the rules of professional conduct and the laws of the state of Washington. B. The city atorney shall advise the city authori�es and officers on all civil legal maters pertaining to the business of the city. The city atorney shall indicate with a signature whether ordinances are approved as to form; provided, that bond counsel shall provide that indica�on for bond ordinances. The city atorney shall represent the city in all ac�ons brought by or against the city or against city officials in their official capaci�es, except in the following circumstances: (1) where city atorney’s contract with the city expressly excludes such ac�ons from its scope; (2) where representa�on is provided through an insurance compact, contract, or tender of defense; (3) where the city council has contracted with a different individual or firm to represent the city in that par�cular ac�on; and/or (4) where the city atorney has a conflict of interest that would prevent the representa�on. C. In addi�on to the du�es prescribed by the laws of the state of Washington as hereinabove set forth, the city atorney shall: 1. Atend all regular and special council mee�ngs; provided, however, that the city atorney shall be required to atend commitee mee�ngs, study sessions, retreats, or other work mee�ngs of the council only at the request of the council, the council president, or the city administra�on; 2. Dra� or approve as to form all ordinances (except those dra�ed by bond counsel), leases, conveyances, and such other instruments as may be required by the business of the city, including, but not limited to, ordinances and resolu�ons requested by city council ac�on; 3. Atend mee�ngs of the planning board of the city of Edmonds, as requested by the council, the council president, the planning board, the planning board chair, or the city administra�on; 4. Provide training to the city council and the city’s boards and commissions and other officials on the Open Public Mee�ngs Act and other applicable legal topics, as requested by the city council, the council president, or the city administra�on; 5. Hold office hours at City Hall and/or virtually, as requested, and be generally available to meet with and advise the city officials; 6. Dra� legal memoranda as requested by the city administra�on or ac�on of the city council; and 7. Work with city staff, as appropriate, to dra� and present to the city council code amendments, as requested by the city council, the council president or by the city administra�on. 8. Perform other tasks as requested by the city council, the council president, or the city administra�on. 9. Provide an annual update to the council and the public. 6 The mayor and/or city council may assign the du�es set forth in the preceding sec�on accordingly. [Ord. 4279 § 1 (Exh. A), 2022; Ord. 2430, 1984; Ord. 1107, 1965; Ord. 926 § 2, 1962]. 2.05.025 City prosecutor du�es. A. The city prosecutor shall serve the city of Edmonds in a manner that comports with the Rules of Professional Conduct and the laws of the state of Washington. B. In addi�on to the du�es prescribed by the laws of the state of Washington as hereinabove set forth, the city prosecutor shall: 1. Exercise discre�on to prosecute criminal viola�ons of the city’s code. 2. Defend any appeals or other review proceedings arising from the Edmonds municipal court. 3. Atend all sessions of the Edmonds municipal court. 4. Provide an annual update to the council and the public. [Ord. 4279 § 1 (Exh. A), 2022]. 2.05.030 Compensa�on. Any contract legal counsel shall be paid for services rendered pursuant to the terms of the contract approved by the city council and in accordance with an annual authoriza�on for services as contained in the city council’s budget. Such terms shall provide for fees and expenses. The city council may in its discre�on contract for the services of more than one firm or individual to provide different legal services to the city. [Ord. 4279 § 1 (Exh. A), 2022; Ord. 2967 § 1, 1994; Ord. 2319 § 1, 1982]. 2.05.035 Performance review. The city council may, from �me to �me, with or without cause, on such basis as a majority of the Edmonds city council shall determine, undertake a performance review of the city atorney and/or city prosecutor. The mayor may, from �me to �me, with or without cause, in the mayor’s sole discre�on, and upon due no�ce to council, undertake a separate performance review of the city atorney and/or city prosecutor. shall convene a permanent, standing Legal Assessment Commitee, comprised en�rely of three council members or less, who undertake the responsibility of assessing both the city atorney and the city prosecutor’s performance on an annual basis. The Legal Assessment Commitee may make a recommenda�on, from �me to �me, as needed, to the en�re council to either con�nue with the present professional services contracts, publicize a request for proposal process, or seek to transi�on towards making either the city atorney or city prosecutor posi�ons as employees of the city administra�on. The mayor and city council may also conduct joint performance reviews as appropriate. [Ord. 4279 § 1 (Exh. A), 2022].