HomeMy WebLinkAbout5845 ORDINANCE NO. 5 8 4 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 2.88.030 OF
THE AUBURN CITY CODE, RELATING TO ADMINISTRATIVE
POLICIES
WHEREAS, the current pi'ovisions of the Auburn City Code provide for the
promulgation of an Auburn administrative policies and procedures manual, as the
official administrative policies and procedures manual of the city of Auburn; and
WHERERAS, the manual is intended to serve as a guide to city personnel in the
operation of the City's business, in addressing administrative functions of the City; and
WHEREAS, the current language of the City Code includes language that seeks
to address conflicts between the manual and the City Code, but does so without
distinction between legislative and administrative/executive functions; and
WHEREAS, recent court decisions, including Washington Public Trust Advocates
v. City of Spokane, __ Wn. App. , 86 P.3d 835 (2004), have focused on the
distinction between the "legislative" role of the city council and the "administrative" and
"executive" roles of the Mayor; and
WHEREAS, in order to clarify their relationship particularly as it comes to
conflicts, it is appropriate to amend Section 2.88.030 of the City Code to give deference
to the City Code for legislative actions, and to the manual for administrative and
executive actions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No, 5845
May 6, 2004
Page 1
Section 1. AMENDMENT TO SECTION OF CITY CODE: That a Section
2.88.030 of the Auburn City Code is created to read as follows:
2.88.030 Conflicting provisions.
To the extent that any of the policies or procedures in the manual are
inconsistent with ex-istmg-Ordinances of the city, the manual shall control as to
administrative and executive matters, and the ordinances shall control as to
legislative matters. In the event that there is any uncertainty as to whether a
matter is legislative versus administrative and executive, the Mayor shall be
empowered to determine its status; Provided that the City Council may, by a vote
of a majority of the City Council plus one, countermand that determination. (Ord.
4029 § 3, 1985.)
Section 2. IMPLEMENTATION: The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3, CONSTITUTIONALITY OR INVALIDITY: If any section, subsection,
clause, phrase, or sentence of this Ordinance, is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality of the remaining portions of this
ordinance, as it is being hereby expressly declared that this ordinance and each
section, subsection, clause, phrase, or sentence, hereof would have been prepared,
proposed, adopted, and approved and ratified irrespective of the fact that any one or
more section, subsection, clause, phrase, or sentence, be declared invalid or
unconstitutional.
Section 4. EFFECTIVE DATE: This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and publication, as provided by law.
Ordinance No. 5845
May 6, 2004
Page 2
INTRODUCED:
PASSED:
APPROVED:
~¥ 1 7 2004
MAY 1 7 2004
g~¥ I ? 2004
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorney
PUBLISHED:
Ordinance No. 5845
May 6, 2004
Page 3