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Ordinance 3959ORDINANCE NO.3959 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR. 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 has undertaken an effort to update certain portions of the Edmonds City Code that have not been updated for many years; and WHEREAS, the update is necessary to, among other reasons, conform the code to the city council's actual practice in confirming mayor appointments and to make provisions for certain confirmation scenarios that the previous code did not address; 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, formerly entitled "Confirmation and Duties of 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 s*rike through). Section 2. A new chapter 2.03 entitled, "City Council," is hereby added to the Edmonds City Code to read as follows (similar language was previously codified in ECC section 2.10.060): Chapter 2.03 CITY COUNCIL 2.03.010 Executive assistant to council. Executive assistant to council. The executive assistant to council shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive assistant to council as well as all benefits shall be governed by the provisions of the contract. Depending on the experience level of the particular person serving in this role, the prefix of "senior" may be added to the title. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that function, the city council reserves the right to immediately eliminate the position. Section 3. ECC section 2.01.020 formerly entitled "References to mayor's administrative assistant," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in s#ike tlffeu ; similar language was previously codified in ECC section 2.10.070): 2.01.020 Mayor's executive assistan-Re#e==cnees t&-Mft-V8F's-e4- EX-Ve assistant. The position of mayor's executive assistant shall be at -will position with the executive ;assistant serving -at the pleasure of the mayor.•--aftn- , 1984, the offiee-ef-the Section 4. 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 5. 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: 9c'; 'Ps&r4�: - MAYOR DAVE EARLING ATTEST/AUTHENTICATED: wllffi"�Www APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (: ;�= JEFF TARADAY FILED WITH THE CITY CLERK: January 17, 2014 PASSED BY THE CITY COUNCIL: January 21, 2014 PUBLISHED: January 26, 2014 EFFECTIVE DATE: January 31, 2014 ORDINANCE NO. 3959 Chapter 2.10 CONFIRMATION AND DUTIES OF C4TY—APPOINTIVE OFFICERS Sections: 2.10.010 Review of vaCMICies, appointment authority and cConfirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Terms and extension of terms.Repeale 2.10.050 References4tii-ewe€-cam itini u-dep#. 2.10.070 Mayor's exeetitive assistant. 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: all director -level positions in the city's adopted budget._ includingthe police chief. B. Specifications. For the purposes of this chapter"specifications" means the functions, powers, duties. compensation, and working conditions of the cit 's appointive officers. 2.10.010 Review of vacancies, appointment authority and Confirmati confirmation process. A. Periodically, when the city conducts a salary survey re ardinits non -represented employees, and W wne—vervvhenever a vacancy occurs in one of the positions listed in this seetienchapter, the city council w44-ma\ review the specifications for the appointive officerof4hat positions and revise it -them as needed before +ter' is to confirm a permanent appointment. Nothing in "s subsection shall be construed to revent the city council from reviewing such s ecifications 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 per- sons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for a vacant position. Additionally anci oi- alternatively. the city council may evaluate the qualifications of an applicant for public employment in executive session_ pursuant to RCW 42.30.110 1 Attachment A (version 2) to Ordinance ll v 9 H , the pe ons of judge ai}`rd hear The hearing examinef may be FOIffi . ed ffem hiisher peski « eau^e, as deteFmined b7,= thcmayorIf, QI] occasion Of a YaGa_11t 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 sixty -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 pMosal.The judge —fnay—'bee a A o t_ �t�r�nc er-E� Ee for c-i kBcr-ii�-RCW Mo oW& D. The mayor shall appoint, subject to council confirmation, the eter ,s of „,hoe ehiae#, eominani+y_se�iees,direetor,—�1+;�istrative p blie works director_ AP;I l—nan « �{ir�r-Appointive Officers. The city y council shall interview the top threethree candidates for each position prior to the mayor's final seleetianapoinftnent, PROVIDED that the city council may waive the three -interview requirement by motion adopted by a maiority 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 cit council's confirmation of the last mayoral &)pointment 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 a ointment of a candidate interviewed by the city council dUrin�g, the most recent recruitment for that appointive office. The mayor's appointments to all other employee positions shall not be subject to city council confYrmation.40fd 1'— 1999} 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 a ointive office subject to the term limitations described in ECC 2.10.040.B, PROVIDED that there is budgtag authority to fill the 12osition. 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 mid personnel policies regarding acting pay. F. The mavor shall begin recruitment of candidates to fill vacant appointive offices no later than thirty days after the latter of the two city council actions described in subsections A and C, above, 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, above. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the cit+} s appointive officers and emplovees. The mayor shall direct, _supervise, and be; in -chargeof all appointive officers and employees in theperformance of their functions, powers and duties except for ctnployees hired pursuant to chapter 2.03 ECC. A1212ointive officersdepaftinent dir-eetors 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 as�a ��e&dcj)artmcntal budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. 19991. 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. poli c e# YI;A" be appoilited by the mayof 3279-,' 1.. 1999]. 2.10.040 Terms and extensions of terms.FiFe ehier A. Permanent appointive officers shall serve without a definite term. K The authority to hold an i1ppointive office on an acting basis an actin directorship) shall expire and be deemed vacant six months after the date of the acting appointment If duritithat at six month period the administration has not been able to generate sufficient interest from suitable candidates to satisfy the city council interview requirement (see subsection D. above), the mayor may request an extension of acting directorship authority from the city council in iricreinents 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 directorship shall be subject to city council confirmation. C. Both permanent and acting appointive officers shall be at -will positions serving at the pleasure of the mayor. 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_ dir- community development director, said reference shall hereafter be construed to mean the development services depa#m director -- desipea. tGfd—� ' "' ' ' c1�'°.� Wherever references arc made in the Ldmonds 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 _mead the finance director. With the exception of Title 3 of the Edmonds City Code, 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 development services director. PROVIDED THAT references to the community services director in Titles 7. 9 and 18 and chapters 4.68 and 17.95 shall hereafter be construed to mean public works director. The n 3.4:,se .. .x, .l assistant shall be xn+-4. - x.1.,c.a o�., a „xyal 1.at: 1,�I thee { ciireil. T l e 3 a ci: E{?}i"ons o�lr ,f �,.» �1,� �, .b���� �6Hnes Ht be efts shall b .;fix, e by thefthe eentfu��'.t. �TrAii+vy 60fltFaOt .l,ail. provide for_ t}Yer_Tiselegaki }a�, i..� +lM1�a of'the EhFE.r i-A .-f thi&- '',•l`i�i,ti#�'L'R�ti'I�E) -4 41,e, n:r"or- ele£ lii lis4at-her- .dire,-etio , ...,* to dell- ate that fune f [�T�T�1 ■ MayoF's The Position Offnayer"', 7iL"C�s i�czi:i rxscrrri `" aall be a at will position with the a e.,..+:..p ciSSestablished �he aftnsalaryor-dinanee. Theiefnis, at c-olid-rear Wfall yet fot,_:x, a ' �., se+iptio„ developed by the tl,._. .,,,..>.....enee oftheeily OE) G... , 19991. SUMMARY OF ORDINANCE NO.3959 of the City of Edmonds, Washington On the 21 st day of January, 2014, the City Council of the City of Edmonds, passed Ordinance No. 3959. 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 CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR.. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of January, 2014. CI CLERK, SC.. ASSEY i� Everett Daily Herald Affidavit of Publication STATE OF WASHINGTON } COUNTY OF SNOHOMISH } SS 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 is a true copy of City Ordinances - Ordinance Summaries 3955- 3959 540131 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: 1 issue(s), such publication commencing on 01/26/2014 and ending on 01/26/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ 79.12 Subscribed and sworn before me on this Notivy Public in and for the State of Washington, residing at Everett, Snohomish County, City of Edmonds EDH 101416 - PO: ORD 3955-3959 ORDERED BY: LINDA HYND Qt3f?1f�1RNCE SUMMAR[ES of the City of Edmonds, Washloglon On the 21at Day of January, 2014. Iha City Council of the C'ty of Edmonds, Wrashinglon, passed the lollowln Ordinances. the summalias eonslsdng of Wes are provided as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 56.43.020 RELATING TO LIMITING CERTAIN OFFICE ! STnEET FRONTAGES WITHIN 1 (BD1 - DOWNTOWN RETAIL Or TAX GENERAL OBLIGATION BOND TO CARRY OUT A CURRENT REFUNDING OF THE CITY'S OUTSTANDING UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS. 2003, AND TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BOND; FIXING CERTAIN TERMS AND COVENANTS OF THE BOND: AND PROVIDING FOR OTHER RELATED MATTERS, OA DINgNCE NO_ a957 AN ORDINANCE OF TdIE CITY OF EDMONDS, WASHINGTON. AMENDING CERTAIN DOG LICENSING FEE PROVISIONS OF ECC 5,05; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE ORDINANCE NO 3956 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 6.52 TO REVISE CERTAIN PROVISIONS OF THAT CODE SECTION RELATING TO PARKING PERMIT FEES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE ORDINANCE NO.3959 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 2.10 OF THE EDMONDS CITY CODE RELATING TO CONFIRMATION OF CERTAIN MAYORAL APPOINTMENTS AND PORTIONS OF CHAPTER 2.01 AND 2.03 OF THE EDMONDS CITY CODE RELATED TO THE EXECUTIVE ASSISTANTS TO THE CITY COUNCIL AND MAYOR The lull tot of any Ordinance will be mailed upon request. Dated this 22ND Day of January, 2014. CITY CLERK, SCOTT PASSEY Published: January 26, 2014.