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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