HomeMy WebLinkAbout5803ORDINANCE NO. 5 8 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON AMENDING SECTIONS
2.03.030, 2.33.020, 2.39.020, 2.42.040, 2.57.010, 2.69.060,
2.72.040, 2.76.030 AND 2.84.030 OF THE CITY CODE,
AMENDING CHAPTER 2.30 OF THE CITY CODE AND
CREATING NEW SECTIONS 2.36.050 AND 2.45.020 OF
THE CITY CODE RELATING TO REMOVAL OF MEMBERS
OF BOARDS AND COMMISSIONS
WHEREAS, the provisions of the Auburn City Code relating to the various
Boards and Commissions of the City provide for removal of the members thereof, but do
so inconsistently; and,
WHEREAS, in order to provide for uniform standards, it would be appropriate for
the "removal" provisions to be consistent among the various Boards and Commissions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN, as follows:
SECTION ONE. AMENDMENT TO CITY CODE.
Section 2.03.030 of the City Code (Chapter 2.03, Mayor) is amended to read as
follows:
2.03.030 Powers and duties generally.
The mayor shall be the chief executive and administrative officer of the city, in
charge of all departments and employees, with authority to designate assistants and
department heads. The mayor may appoint and remove an executive assistant to the
mayor, if so provided by ordinance or charter. The mayor may remove members of
advisory boards and commissions in accordance with Chapter 2.30 of the City Code. He
shall see that all laws and ordinances are faithfully enforced and that law and order is
maintained in the city, and shall have general supervision of the administration of city
government and all city interests. All official bonds and bonds of contractors with the city
shall be submitted to the mayor or such person as he may designate for approval or
disapproval. He shall see that all contracts and agreements made with the city or for its
use and benefit are faithfully kept and performed, and to this end he may cause any
legal proceedings to be instituted and prosecuted in the name of the city, subject to
approval by majority vote of the council. The mayor shall preside over all meetings of
Ordinance No. 5803
November 18, 2003
Page 1
the city council, when present, but shall have a vote only in the case of a tie in the votes
of the ~eum~!me~councilmembers. He shall report to the council concerning the affairs
of the city and its financial and other needs, and shall make recommendations for
council consideration and action. He shall prepare and submit to the council a proposed
budget, as required by Chapter 35A.33 RCW. The mayor shall have the power to veto
ordinances passed by the council and submitted to him as provided in RCW
35A.12.130, but such veto may be overridden by the vote of a majority of all council
members plus one more vote. The mayor shall be the official and ceremonial head of
the city and shall represent the city on ceremonial occasions, except that when illness
or other duties prevent the mayor's attendance at an official function and no mayor pro
tempore has been appointed by the council, a member of the council or some other
suitable person may be designated by the mayor to represent the city on such occasion.
(Ord. 5583 § 1,2001; Ord. 2943 § 1, 1976.)
SECTION TWO. AMENDMENT TO CITY CODE.
Chapter 2.30 of the City Code (Boards and Commissions) is amended to read as
follows:
Chapter 2.30
BOARDS AND COMMISSIONS GENERALLY MEET!NGS
Sections:
2.30.010
2,30.020
2.30.030
Attendance failure - Member dismissal.
Removal for other reasons.
Fillinq vacancies.
2.30.010 Attendance failure - Member dismissal.
From and after January 24, 1973, when any member of any commission or board
of the city misses two consecutive meetings of the commission or board, or more than
25 percent of the regular meetings of the commission or board during any calendar year
without the permission of the mayor of the city, then in such event the mayor of the city
shall have the authority to dismiss the member from the board or commission without
stating any cause for the dismissal, except as otherwise provided by law. For the
purposes hereof, the terms commission or board shall mean any board, commission or
committee comprised of citizens appointed to said board, commission or committee and
established to advise the mayor and/or the city council. (Ord. 2909 § 1, 1976; 1957
code § 1.08.010.)
2.30.020 Removal for other reasons.
Members of a board or commission may be removed by the mayor for such
cause as is deemed in the sole discretion of the mayor appropriate to ensure orderly
operation of the board or commission and/or to ensure its ability to efficiently perform
the duties and functions for which the board or commission was established. Provided
that removal of members of the Civil Service Commission must also comply with RCW
41.08.030 and/or 41.12.030.
Ordinance No. 5803
November 18, 2003
Page 2
2.30.030 Fillinq vacancies.
Any vacancies created by removal of a member of a board or commission shall
be filled in the same manner in which members of the board are regularly chosen.
SECTION THREE. AMENDMENT TO CITY CODE.
Section 2.33.020 of the City Code (Chapter 2.33, Municipal Airport Advisory
Board) is amended to read as follows:
2.33.020 Appointment - Terms.
Immediately upon appointment, the members designated to act on the board
shall assemble for organization, and for convenience of business transactions shall
elect a chairman and secretary whose duties shall be the duties indicated by such
designation. The term of office for the board members shall be set up to five years from
the date of appointment. The city council shall be empowered to originally appoint one
member for one year, one member for two years, one member for three years, one
member for four years and one member for five years. All appointees will serve until
successors are appointed and qualified ThE
,,~,.,;,,,~,~ ~,,, ,~, ..... ;,,,; .... m .... Members of the board shall be subject to removal in
accordance with the provisions of Chapter 2.30 of the City Code as it currently exists or
as it may be amended hereafter. No board member shall have business interests at the
airport, other than the standard hangar or tie-down rental. (Ord. 2820 § 2, 1974.)
SECTION FOUR. NEW SECTION TO CITY CODE.
A New Section 2.36.050 of the City Code (Chapter 2.36, Human Services
Committee) is created to read as follows:
2.36.050 Removal of members.
Members of the committee shall be subiect to removal in accordance with the
provisions of Chapter 2.30 of the City Code as it currently exists or as it may be
amended hereafter.
SECTION FIVE. AMENDMENT TO CITY CODE.
Section 2.39.020 of the City Code (Chapter 2.39, Airport Zoning Commission) is
amended to read as follows:
2.39.020 Membership - Appointment and removal.
The airport zoning commission shall consist of five members, all of whom shall
serve without compensation. The commission members shall be appointed by the
mayor with the consent of the city council. In case any vacancy should occur in the
membership of the zoning commission for any cause, the mayor shall fill the vacancy by
Ordinance No. 5803
November 18, 2003
Page 3
making an appointment, with the consent of the council· -r~,, ,,,. .... ,,,,.,, ,,,,.,,,~' .... ,,,~ ,~,~,,,,,. ,,..,,~, ,~'"""'~ ,,,-.,'"'""
hz d~ms suffici~r,t Members of the commission shall be subject to removal in
accordance with the provisions of Chapter 2·30 of the City Code as it currently exists or
as it may be amended hereafter. (1957 code § 1.15.020.)
SECTION SIX. AMENDMENT TO CITY CODE·
Section 2.42·040 of the City Code (Chapter 2.42, Park and Recreation
Commission) is amended to read as follows:
2·42.040 Terms of office - Filling vacancies.
The present three park and recreation commissioners shall complete their
present terms of office. The additional four commissioners appointed under the terms of
the ordinance codified in this section shall be determined by lot whose terms shall
expire in one, two and three years, respectively, and their terms shall begin after their
appointment has been approved by the city council. The terms of office, except for the
present three commissioners, and except the first terms of the four additional
commissioners, shall begin on the first Monday in January and at the expiration of each
commissioner's term, the mayor shall appoint, with the consent of the city council, one
member for three year 'l'.",rrn I~,-'l,~rwl~'c. of *~'~' ~'"'~"'~ '""~" ~' ........ '~ "* .... *~'"'" ~"'
· b f the
s~me ...... ~n ,~,~,;,-h ,,,~,,~,,.,~ .... ~,,m,,,,+ ...... ,~,~ Mem ers o commission
shall be subject to removal in accordance with the provisions of Chapter 2·30 of the City
Code as it currently exists or as it may be amended hereafter. (Ord. 3523 § 2, 1980.)
SECTION SEVEN. NEW SECTION TO CITY CODE.
A New Section 2.45.020 of the City Code (Chapter 2.45, Planning Committee) is
created to read as follows:
2.45.020 Removal of members.
Members of the commission shall be subject to removal in accordance with the
provisions of Chapter 2.30 of the City Code as it currently exists or as it may be
amended hereafter.
SECTION EIGHT. AMENDMENT TO CITY CODE.
Section 2.57.010 of the City Code (Chapter 2.57, Civil Service Commission) is
amended to read as follows:
2.57.010 State law adopted.
There is created a new Chapter 2.57 adopting the state civil service law and
creating the city civil service commission and with the exception of the following
Ordinance No. 5803
November 18, 2003
Page 4
sections set out in this chapter, Chapters 41.08 (Civil Service - City Firemen) and 41.12
(Civil Service - City Police) RCW are adopted by reference. Members of the city civil
service commission shall be appointed pursuant to the provisions of Chapters 41.08
and 41.12 RCW, and shall be subiect to removal in accordance with the provisions of
Chapter 2.30 of the City Code and RCW 41.08.030 and/or 41.12.030, as they currently
exist or as they may be amended hereafter. Pursuant to RCW 35A. 12.140 of the laws
of the state of Washington said statutes are adopted by reference and need not be
published in a newspaper as provided in RCW 35A.12.160, but the ordinance codified in
this chapter shall be published and a copy of Chapters 41.08 and 41.12 RCW adopted
by reference in this chapter, with amendments or additions, if any, in the form in which it
is adopted, shall be authenticated and recorded by the clerk along with the adopting
ordinance codified in this chapter. Not less than one copy of said statute with
amendments or additions, if any, in the form in which it is adopted shall be filed in the
office of the city clerk for use and examination by the public while said statutes are
under consideration by the city council. Prior to adoption, not less than one copy thereof
shall be filed in the office of the city clerk for examination by the public. (Ord. 4237 § 2,
1987.)
SECTION NINE. AMENDMENT TO CITY CODE.
Section 2.69.060 of the City Code (Chapter 2.69, Auburn Library Board) is
amended to read as follows:
2.69.060 Board of commissioners - Member removal.
~,~;I ~f ~ r~,,l~r ~r ~r~;~l m~fin~ ~11~ ~r fhaf ~r~e~ ,~n fhr~ N~e~
~Commissioners of the board shall be subiect to removal in accordance wi~h the
provisions of Chapter 2.30 of the City Code as it currently exists or as it may be
amended hereafter. (Ord. 5599 § 1, 2001.)
SECTION TEN. AMENDMENT TO CITY CODE.
Section 2.72.040 of the City Code (Chapter 2.72, Cemetery Board of
Commissioners) is amended to read as follows:
2.72.040 Board of commissioners.
There is created a board of five cemetery commissioners in and for the city, and
such cemetery commissioners shall be appointed by the mayor of the city, and such
appointments shall be subject to confirmation by the city council, and terms of the
commissioners to be five years. Commissioners of the board shall be subject to removal
Ordinance No. 5803
November 18, 2003
Page 5
in accordance with the provisions of Chapter 2.30 of the City Code as it currently exists
or as it may be amended hereafter. The board shall advise the mayor and city council
on policy matters relating to long range planning, capital improvements, fee structure,
cemetery expansion, rules and regulations, and budget of all cemeteries belonging to
the city. The board shall not have authority to enter into any contract, incur any
indebtedness, or take any personnel action unless specifically authorized by the mayor
and city council. The board shall have the right to designate certain portions of the city's
cemeteries for the burial of infants, single and double depth burials, persons of a
particular religion, certain areas where no monuments-shall project above the surface of
the ground, the interment of cremated remains, and the burial of veterans. The board
may also solicit or receive on behalf of the city council any gifts or bequests of money
for cemetery purposes; however, gifts of real or personal property will not be accepted
without prior approval of the city council. A meeting of the board shall be held at least
four times a year. (Ord. 4485 § 3, 1991; Ord. 3818 § 3, 1982.)
SECTION ELEVEN. AMENDMENT TO CITY CODE.
Section 2.76.030 of the City Code (Chapter 2.76, Lodging Tax Advisory
Committee) is amended to read as follows:
2.76.030 Terms.
All members appointed pursuant to ACC 2.76.020 shall serve three-year terms. The
initial appointment shall be staggered with two appointments serving a one-year term,
two appointments serving a two-year term, and two appointments serving a three-year
term. Organizations representing businesses required to collect tax under Chapter
67.28 RCW and organizations involved in activities authorized to be funded by revenue
received under said tax as well as local agencies involved in tourism and promotion
may submit recommendations for membership on the committee. Members of the
committee shall be subiect to removal in accordance with the provisions of Chapter 2.30
of the City Code as it currently exists or as it may be amended hereafter. (Ord. 5554 §
1, 2001.)
SECTION TWELVE.
AMENDMENT TO CITY CODE.
Section 2.84.030 of the City Code (Chapter 2.84, Arts Commission) is amended
to read as follows:
2.84.030 Membership - Term.
__The membership of the arts commission shall be 12 members to be appointed by
the mayor with the approval of the city council. Of the first 12 members appointed, four
for one year, four shall be appointed for two years and four shall be appointed for three
years, with the respective terms of each initial appointee to be determined by lot.
Subsequent appointments shall be for a period of three years or for the unexpired
balance of the term for which appointed, whichever is the lesser period. Members of
Ordinance No. 5803
November 18, 2003
Page 6
the committee shall be subject to removal in accordance with the provisions of Chapter
2.30 of the City Code as it currently exists or as it may be amended hereafter. In
addition to the 12 appointed members, one member of the city council shall be
designated by the mayor to serve as an ex officio member of the arts commission. (Ord.
4007 § 3, 1984.)
SECTION THIRTEEN. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION FOURTEEN. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION FIFTEEN. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary.
DEC 1 2003
INTRODUCED:
PASSED: DEC 1 2003
APPROVED: DEC 1 2003
ATTEST:
Danielle E. Daskam, City Clerk
, MAYOR
Ordinance No. 5803
November 18, 2003
Page 7