HomeMy WebLinkAbout12-20-2004 ITEM VIII-A-5CITY OF
. AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 5890
Date: December 14, 2004
Department: Legal
Attachments: Ordinance No. 5890
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5890
Background Summary:
The provisions of the Auburn City Code provide for certain terms of Board and Commission members.
Once appointed, however, there is nothing that triggers a review of the membership. There have been
problems, experienced in other jurisdictions, where a board or commission member had engaged in
troublesome behavior about which the jurisdiction was unaware. The problems for such jurisdiction could
have been alleviated to some degree, if the City were aware of the conduct of concern in a more timely
manner. Without that information, the jurisdiction could fall subject to criticism because of the conduct of
the errant board or commission member. Accordingly, it is proposed in this ordinance that board and
commission members shall be required to submit to or cooperate with a background check at least once
during the member's term.
A1220-2
03.4.3
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: Singer Staff: Heid
Meeting Date: December 20, 2004 Item Number: VIII.A.5
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE NO. 5 8 9 0
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 2.30.020 OF THE AUBURN CITY CODE,
RELATING TO TERMS FOR BOARD AND
COMMISSION MEMBERS
WHEREAS, the current provisions of the Auburn City Code (ACC) provide
for certain advisory boards and commissions of the City; and
WHEREAS, these advisory boards and commissions have members that
represent the City in various ways; and
WHEREAS, problems that have occurred in other jurisdictions illustrate
the importance of background checks for the members of the boards and
commissions; and
WHEREAS, it is appropriate to provide a mechanism that assures that
such background checks will be done.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AMENDMENT TO CITY CODE: That Section 2.33.020 of the
Auburn City Code is amended to read as follows:
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. A member of a board or commission may also be removed by
the mayor in the mayor's sole discretion, where the board or commission
member does not comply with a reasonable request for a_background check of
the board or commission member, which background check shall not be
requested more often than once during the term of the board or commission
member unless there are articulable reasons to request the background check
more often. Provided that removal of members of the Civil Service Commission
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Ordinance No. 5890
December 7, 2004
Page 1
must also comply with RCW 41.08.030 and/or 41.12.030. (Ord. 5803 § 2 (part),
2003.)
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.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
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Ordinance No. 5890
December 7, 2004
Page 2
9anieI B. Pdei
City Attorney
PUBLISHED:
Ordinance No. 5890
December 7, 2004
Page 3