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Home My WebLink About5635 ORDINANCE NO. 5 6 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.03.040, 2.06.180, 2.09.010, 2.14.060, 2.18.010, 2.21.030 AND 2.27.050 OF THE AUBURN CITY CODE, AND AMENDING SECTION 1 OF ORDINANCE NO. 5566, AND REPEALING SECTION 2.12.050 OF THE AUBURN CITY CODE, CLARIFYING THE PROVISIONS REGARDING MAYORAL APPOINTMENT OF APPOINTIVE OFFICERS WHEREAS, the City of Auburn is organized under the Optional Municipal Code, Title 35A RCW; and WHEREAS, the current provisions of the City Code contain various sections that address the process for appointments of city officials by the Mayor; and WHEREAS, notwithstanding the City Council's adoption of Ordinance No. 5585, there are some inconsistencies among other provisions in the City Code regarding the Mayor's appointment; and WHEREAS, one section of the City Code specifies that the City Council shall confirmation the appointment of defined appointive officers, while other sections specify otherwise; and WHEREAS, in order to accommodate the appointive process, the requirement of City Council confirmation of mayoral appointments may not be necessary; and -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 1 WHEREAS, because the City Attorney serves as the legal advisor to both the Mayor and the City Council, it is appropriate that appointments to that position be confirmed by the City Council; and WHEREAS, because the various boards and commissions of the City of Auburn also serve as advisory bodies to the City Council, it is likewise appropriate that appointments to these boards and commissions be confirmed by the City Council; and WHEREAS, in addition to clarifying the process for mayoral appointments, it is also appropriate to amend various code sections to provide for consistency and to update the appointment process to conform to appointment requirements. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 2.03.040 of the City of Auburn Code is amended to read as follows: 2.03.040 Appointive power. The mayor shall appoint, subject to confirmation by a majority of all the members of the city council, and at his pleasure may remove, all city appointive officers, subject to the provisions of any applicable law, rule or regulation pertaining to civil service, state law or city ordinances. Appointive officers are as follow: Airport Supervisor, City Attorney, Assistant City Attorney, Acting City Attorney, City Clerk, Deputy City Clerk (2), City Engineer, Executive Assistant to the Mayor, Finance Director, Hearing Examiner, Human Resources Director, Parks and Recreation Director, Planning and Community Development Director, Public Works Director, Police Chief, Assistant Police Chief, Fire Chief and Assistant Fire Chief. It is provided, however, that appointment of the City Attorney shall be subject to confirmation by a majority of the members of the city council. (Ord. 5858 § 1 (Exh. A), 2001; 1957 code § 1.03.040.) -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 2 Section 2. That Section 2.06.180 of the City of Auburn Code is amended to read as follows: 2.06.180 Confirmation of appointments. Confirmation of appointments, where confirmation is called for, ~ may be preceded by discussion in executive session, where appropriate. (1957 code § 1.04.200.) Section 3. That Section 2.09.010 of the City of Auburn Code is amended to read as follows: 2.09.010 Appointment and removal. Pursuant to the provisions of RCW 35A.12.090 of the Optional Municipal Code of the laws of the state, the city clerk shall be appointed by the mayor, subject to confirmation by a majority of all members of the city council, and shall be subject to removal from such office by order of the mayor. (Ord. 2692 § 2, 1973; 1957 code § 1.06.030.) Section 4. That Section 2.14.060 of the City of Auburn Code is amended to read as follows: 2.14.060 Judges pro tem. The mayor presidinq judqe shall, in writing, appoint judges pro tem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro tem shall be qualified to hold the position of judge of the municipal court as provided in this chapter. The judge pro tem shall receive such compensation as shall be established through the adoption of the yearly budget ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor judqe. (Ord. 4521 § 1 (Exh. A), 1991.) Section 5. That Section 2.18.010 of the City of Auburn Code is amended to read as follows: 2.18.010 Office created - Appointment and removal. There is created the office of airport supervisor, which shall be filled by the appointment of the mayor, subject to oonfirmation by the majority of the city council. The airport supervisor shall be subject to removal by the mayor. (Ord. 2916 § 1, 1976; 1957 code § 1.19.010.) Section 6. That Section 2.21.030 of the City of Auburn Code is amended to read as follows: -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 3 2.21.030 Director - Appointment - Duties. The mayor, with the consent of the city council, shall appoint a director of parks and recreation who is the best:trained and qualified person available therefor, and he shall be the head of the parks and recreation department. The director shall have charge of the management of the park and playground system and cemeteries of the city and of the appointment and supervision of qualified employees for the effective operation of the public park and recreation system and cemeteries of the city. The director shall have such other powers and duties as may from time to time be imposed and conferred upon him by law or ordinance. (Ord. 3818 § 1,1982; 1957 code § 1.16.030.) Section 7. That Section 2.27.050 of the City of Auburn Code is amended to read as follows: 2.27.050 Supervisory personnel - Appointments - Removals. The director of public works and city engineer shall be appointed by the mayor upon approval of the city council. (Ord. 5222 § 1 (Exh. A), 1999; Ord. 2913 § 1, 1976; 1957 code § 1.17.050.) Section 8. That Section 1 of Ordinance No. 5566 is amended to read as follows: Purpose: HUMAN RESOURCES DEPARTMENT CREATED: There is created an administrative department of the city to be known as the human resources department of the City, which shall be under the supervision of the director of human resources. The director of human resources shall be appointed by the mayor and approved by a majority of the members of the city council. Section 9. That Section 2.12.050 of the City of Auburn Code is repealed. 2.12.050 Change from elective to appointive office. Effective at the expiration date of the present term of office of the incumbent city attorney, the office sh311 be changed from an eloctive to 3n appointive office and shall be filled by the appointment of the mayor subject to confirmation by a majority vote of the city council. (1957 code § 1.05.050.) -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 4 Section 10. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 11. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 12. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: February 19, 2002 PASSED: February 19, 2002 APPROVED: February 19, 2002 ~?~.. PETER B. LEWIS MAYOR -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 5 ATTEST: (11 C· ( <f~..\.1 ; \ )'~ ...) I . J/"/.. \' ":;J/I_, ~ 1\ / vc{.L· L l<."j/.;,¿ ¡'-"-.~/ /Danielle E. Daskam, City Clerk Published: cJ~;J/o ~ -------------------------------------- Ordinance No. 5635 Date: 02/14/2002 Page 6