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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 Ordinance No. 6191 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 Ordinance No. 6191 July 7, 2008 Page 2 of 7 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 Ordinance No. 6191 July 7, 2008 Page 3 of 7 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; Ordinance No. 6191 July 7, 2008 Page 4 of 7 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; Ordinance No. 6191 July 7, 2008 Page 5 of 7 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, Ordinance No. 6191 July 7, 2008 Page 6 of 7 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 Page 7 of 7