HomeMy WebLinkAbout6191ORDINANCE NO. 6 1 9 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 2.03.030, 2.03.050, 2.12.030, 2.51.020,
2.80.030, AND 9.04.010 OF THE AUBURN CITY
CODE RELATING TO THE POSITION OF DEPUTY
MAYOR
WHEREAS, current provisions of the City Code identify the position of the
council member who shall act in the Mayor's stead in his/her absence as Mayor
Pro Tern or Mayor Pro Tempore; and
WHEREAS, the terms "Mayor Pro Tem" and "Mayor Pro Tempore" are not
as widely understood or as easily identified as the term "Deputy Mayor", although
as used in state statutes (including RCW Sections 35A.12.110 and 35A.13.035)
and city ordinances, those terms are interchangeable; and
WHEREAS, in order to provide a more easily recognized identification of
the person and functions of Mayor Pro Tern / Mayor Pro Tempore, it would be
advantageous to denominate that position as Deputy Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 2.03.030 of
the Auburn City Code is hereby 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 ACC. He or she shall see that all laws and ordinances are
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July 7, 2008
Page 1 of 7
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.
The mayor shall also be authorized to negotiate the terms of and/or award
contracts falling within the scope of the mayor's authority pursuant to ACC
3.10.020, as it currently exists or as it may be amended hereafter. Contracts that
fall within the scope of the mayor's authority pursuant to ACC 3.10.020 may, but
are not required to be, taken to the city council for approval as a part of the city
council consent agenda or may, but are not required to be, taken to the city
council for information. All official bonds and bonds of contractors with the city
shall be submitted to the mayor or such person as he or she may designate for
approval or disapproval. He or she 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 or she 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 the city council, when
present, but shall have a vote only in the case of a tie in the votes of the council
members. He or she 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 or she 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 or her
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 deputy mayor pFo 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. The
mayor is also empowered, in extraordinary and compelling circumstances, to
reduce or waive some or all of any city fee or charges when the mayor finds in
his or her sole discretion that such reduction or waiver is necessary to provide
support for the poor or infirm, in amounts of up to $10,000 per incident or
occasion; provided, that this authorization shall not apply to fees or charges for
which state law prohibits reduction or waiver. (Ord. 6051 § 1, 2006; Ord. 5914 §
1, 2005; Ord. 5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 1, 1976.)
Section 2. Amendment to City Code. That Section 2.03.050 of
the Auburn City Code is hereby amended to read as follows:
2.03.050 Oath, affidavit and signature powers.
The mayor and the deputy mayor ternpe have power to
administer oaths and affirmations, take affidavits and certify them. The mayor, or
the deputy mayor when acting as mayor, shall sign all conveyances
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July 7, 2008
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made by the city and all instruments which require the city seal. (1957 code §
1.03.050.)
Section 3. Amendment to City Code. That Section 2.12.030 of
the Auburn City Code is hereby amended to read as follows:
2.12.030 Full-time employment status - Private practice prohibited that
would conflict with city interests.
The city attorney and the assistant city attorney shall be full-time city
employees and shall not be authorized to engage in the practice of law that
would conflict with the interests of the city.
A conflict of interest in an outside position or personal services shall be set
forth in city policy as follows:
If an employee is considering creating, accepting or has accepted an
outside position or provides personal service, he/she shall submit information on
the outside position and a list of client names to the appropriate department head
and personnel director to determine a potential conflict of interest. A
determination of potential violations shall be made by the appropriate department
head in consultation with the personnel director with the final approval of the
mayor. In the case where a department head is considering creating, accepting
or has accepted an outside position or provides personal services, he/she shall
submit information on the outside position and a list of client names, doing
business as (dba) and nature of business for final approval to the mayor, deputy
mayor pro-tem and the chairperson of the finance committee to determine a
potential conflict of interest. Citizens of Auburn shall be provided with information
on outside positions and/or client names upon request. (Ord. 4721 § 1, 1995;
Ord. 3600 § 1, 1981; 1957 code § 1.05.030.)
Section 4. Amendment to City Code. That Section 2.51.020 of
the Auburn City Code is hereby amended to read as follows:
2.51.020 Council member's compensation.
A. On and after January 1, 2002, for those council members elected or
appointed after February 14, 2001, the effective date of Ordinance 5503, their
monthly salary shall be increased from $675.00 per month to $800.00 per month,
and on and after January 1, 2006, for those council members elected to or
appointed for terms commencing after January 1, 2006, their monthly salary shall
be set at $975.00 per month and health benefits which are available to
unaffiliated city employees will be extended to the council members on or after
January 1, 2002, if such benefits are available to council members. Council
members shall pay the full cost of such insurance. The council member selected
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July 7, 2008
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as deputV mayor pro-tem-on or after January 1, 2006, shall have his/her monthly
salary set at $1,375.00 per month.
B. The compensation provided for in this section shall be paid on the
eighth and twenty-third day of each month succeeding the month in which
services are performed, by proper warrants drawn upon the finance director of
the city. Should the payday fall on the weekend or holiday, paychecks will be
issued on the previous workday. (Ord. 5953 § 1, 2005; Ord. 5806 § 1, 2003; Ord.
5503 § 1, 2001; Ord. 5495 § 1, 2001; Ord. 4477 § 1, 1990; Ord. 4206 §§ 1, 2,
1987; Ord. 3677 § 2, 1981.)
Section S. Amendment to City Code. That Section 2.80.030 of
the Auburn City Code is hereby amended to read as follows:
2.80.030 Designation, status, qualifications and term of emergency interim
successors.
A. Appointive Officers. The mayor shall within 30 days following the
effective date of the ordinance codified in this chapter, designate for appointive
officers including the city attorney, chief of police, fire chief, public works director,
finance director, planning director, parks director, personnel director, city clerk,
and the supervisors of maintenance and operations, streets, water, sewer,
building, airport and cemetery divisions, an emergency interim successor to each
of these officers.
B. Qualifications. No person shall be designated to serve as an
emergency interim successor unless he may under the Constitution and statutes
of this state and the charter or ordinances of this city, hold the office of the
person to whose powers and duties he is designated to succeed, but no
provision of any ordinance prohibiting an officer or employee of this city from
holding another office shall be applicable to an emergency interim successor.
C. Status of Emergency Interim Successor. A person designated as
an emergency interim successor holds that designation at the pleasure of the
designator; provided, that he must be replaced if removed. He retains this
designation as emergency interim successor until replaced by another appointed
by the authorized designator.
D. Required Order of Succession. The normal succession of office for
administrative and legislative officials shall be:
1. Mayor to deputy mayor-pfe-tem;
2. Deputy Mmayor pfG4em-to the remainder of the council in the order
of longest to least tenure. Longest tenure is to be calculated as the total length of
consecutive service as a city councilperson;
3. In the event of two or more members having equal tenure, the order
of succession shall be determined on the basis of the largest number of votes
received at the most recent general election;
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July 7, 2008
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4. Should the mayor and all legislative officials be incapacitated or
otherwise unable to perform their duties for any reason, and until such time as
they are able to resume their duties, or until a normal process of appointment or
election can provide successors in order to assure the continuity and availability
of governmental services, the succession for administrative purposes shall
continue to the administrative heads of the departments of city government or
their successors;
5. The order of succession by department heads shall continue as
follows:
Police chief;
Fore nhief•
T-ac-csx-rrr ?
Public works director;
Planning director;
Parks director;
Finance director; and
City attorney. (Ord. 3955 § 3, 1984.)
Section 6. Amendment to City Code. That Section 9.04.010 of
the Auburn City Code is hereby amended to read as follows:
9.04.010 Mayor's powers.
Whenever, in the judgment of the mayor or, in the event of his/her inability
to act, the deputy mayor pro tem, he/she determines that an emergency exists as
a result of mob action or other civil disobedience causing danger of injury to or
damages to persons or property, he/she shall have the power to impose by
written proclamation any or all of the following regulations necessary to preserve
the peace and order of the city:
A. To impose a curfew upon all or any portion of the city requiring all
persons in the designated curfew areas to remove themselves from the public
streets, alleys, parks or other public places; provided, however, that physicians,
nurses and ambulance operators performing medical services, utility personnel
maintaining essential public services, firemen and city-authorized or requested
law enforcement officers and personnel may be exempt from such curfew;
B. To order the closing of any business establishments anywhere
within the city where alcoholic beverages are sold or otherwise dispensed for the
period of the emergency; provided, that with respect to those business
establishments which are not primarily devoted to the sale of alcoholic
beverages, and in which such alcoholic beverages may be removed or made
secure from possible seizure by the public, the portions utilized for the sale of
items other than alcoholic beverages may, in his discretion, be allowed to remain
open;
C. To order any or all business establishments to close and remain
closed during the period of the emergency;
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July 7, 2008
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D. To order the discontinuance of the sale, distribution or giving away
of alcoholic beverages in any or all parts of the city;
E. To order the closure of any or all business establishments where
firearms and/or ammunition for firearms are sold or otherwise dispensed;
provided, that with respect to those business establishments which are not
primarily devoted to the sale of firearms and/or ammunition and in which such
firearms and/or ammunition may be removed or made secure from possible
seizure by the public, the portions utilized for sale of items other than firearms
and/or ammunition may, in his/her discretion, be allowed to remain open;
F. To order the discontinuance of the sale, distribution or giving away
of firearms and/or ammunition for firearms in any or all parts of the city;
G. To order the discontinuance of the sale, distribution or giving away
of gasoline or other liquid flammable or combustible products in any container
(other than a gasoline tank properly affixed to a motor vehicle);
H. To order the closure of all gasoline stations and other
establishments, the chief activity of which is the sale, distribution or dispensing of
liquid flammable or combustible products;
1. To order the closure to the public of any and all public places,
including streets, alleys, public ways, schools, parks, beaches, amusement areas
and public buildings;
J. To call upon regular and auxiliary law enforcement agencies and
organizations within or without the city to assist in preserving and keeping the
peace within the city;
K. To issue such other orders as are imminently necessary for the
protection of life and property. (Ord. 5682 § 1, 2002.)
Section 7. That any other references to "mayor pro tem" or "mayor pro
tempore" in any Ordinance, Section of the Auburn City Code, Resolution,
Contract or other document of the City of Auburn and shall be construed to mean
"deputy mayor."
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 9. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
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July 7, 2008
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paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 10. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law. /
DATED and SIGNED this e day of '2008.
INTRODUCED: JUL - 7 2008
PASSED: JUL - 7 2008
APPROVED: JUL - 7 2008
N
P ER B. LEWIS
MAYOR
ATTEST:
Da ie E. Daskam,
City Clerk
APPRPYED FOR
r
n' B. Hei ,
City Attorney
Published: Ct 2
Ordinance No. 6191
July 7, 2008
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