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HomeMy WebLinkAbout12-01-2003 ITEM VIII-A-3CITY OF 77"o"', ., WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Ordinance 5803 Date: November 10, 2003 Department: Legal Attachments: Proposed Amendment Budget Impact: Administrative Recommendation: City Council to adopt Ordinance No. 5803. Background Summary: Ordinance No. 5803 amends various sections of the Auburn City Code relating to Boards and Commissions of the City and providing uniformity among the provisions dealing with removal of members of Boards and Commissions. Currently, the City of Auburn has a number of different Boards and Commissions operating under the direction of the City Council. The provisions of these Boards and Commissions were developed via Ordinance at different times and for different purposes. However, the Ordinances relating to the various Boards and Commissions do not address some issues with consistency or uniformity. Specifically, the provisions whereby members of a board or commission may be removed differ markedly among the various Boards and Commissions. The purpose of this Ordinance is to provide uniformity among how Boards and Commissions of the City will be treated with respect to removal of members. Changes recommended by the Council Committees have been incorporated. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board []Public Works ❑ Legal ❑ Police ® Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until —/—/— Tabled Until _/_/_ Councilmember: I Staff: Heid meeting Date: December 1, 2003 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED ORDINANCE 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 seURsiineRcouncilmembers. 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 ens-- WG - Sections: 2.30.010 Attendance failure - Member dismissal. 2 30.020 Removal for other reasons. 2.30.030 Filling 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 Filling 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 peweF Of Femoval, fbF Gause, is always Fetained by the appointive effiG . 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 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 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 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. The members of the be-ard may he deems SUffi,,,Gient 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 a three-year term. MembeFs of the board may be Femoved at any time by the rnayeF, and varaRGies for the remaender of unexpir-ed terms shall be filled in the same Rnor in whish oFininal appGintmonts aFe made 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. (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 subject 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. A libFaFy G �F may be rerneved by the vote of the majeFity of the en at a regular or speGial meeting Galled foF that -ron three days' nOtiGe, WhiGh shall PFOVide that SUGh rnatteF will be r--nensiddered t, said speGial OF Fegula abseRGer, ftom board meeting and upon netiGe thereof. The vaGanGy theFeby GFeated ohosenCommissioners 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. (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 subiect 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. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk PUBLISHED: Ordinance No. 5803 November 18, 2003 Page 7