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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 -------------------------------------- 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 -------------------------------------- Ordinance No. 5890 December 7, 2004 Page 2 9anieI B. Pdei City Attorney PUBLISHED: Ordinance No. 5890 December 7, 2004 Page 3