Chapter 2.03
MAYOR1
Sections:
2.03.010 Full-time city officer.
2.03.020 Salary.
2.03.030 Powers and duties generally.
2.03.040 Appointment of appointive officers.
2.03.050 Oath, affidavit and signature powers.
2.03.060 Ordinance powers and duties.
2.03.070 Supervisory and administrative powers.
2.03.080 Investigative powers.
2.03.090 Departmental coordination duties.
2.03.100 Meeting coordination duties.
2.03.010 Full-time city officer.
The mayor shall be a full-time officer of the city and shall maintain regular office hours in the city hall, or in some other suitable office as prescribed by the city council, effective January 1, 1970. (1957 code § 1.03.020.)
2.03.020 Salary.
The salary for the office of the mayor shall be established on an annual basis through the adoption of the yearly budget ordinance. (Ord. 3943 § 2, 1984.)
2.03.030 Powers and duties generally.
A. 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 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.
B. 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 also be authorized to negotiate agreements and execute all documents necessary to complete the acquisition of real property and the relocation of inhabitants required to complete city projects falling within the scope of the mayor’s authority pursuant to ACC 3.10.020.
C. 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.
D. The mayor shall prepare and submit to the council a proposed budget, as required by Chapter 35A.33 RCW.
E. 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.
F. 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 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.
G. 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.
H. The mayor is also authorized to exempt the city from paying the charges or fees otherwise applicable to city projects, developments or applications where the charge or fee would be paid out of one of the city’s governmental funds (including the general fund and those funds supported by the general fund) and the fund that would receive such payment, were it paid, is also one of the city’s governmental funds (including the general fund and/or any of the funds supported by the general fund); and the mayor is also authorized to exempt the city from paying the charges or fees otherwise applicable to city projects, developments or applications where the charge or fee would be paid out of one of the city’s enterprise funds and the fund that would receive such payment, were it paid, is the same enterprise fund.
I. The mayor is also empowered to develop and bring to the city council for approval pilot programs that promote and encourage the city council’s goal of sustainability, as stated in Resolution No. 4368, seeking to balance and support the needs of the community, the environment, the economy, and the needs of future generations, which pilot programs may offset/alleviate current code requirements in exchange for strategies and methodologies that accomplish the intended purposes of the city codes and the goals of sustainability. (Ord. 6312 § 1, 2010; Ord. 6192 § 1, 2008; Ord. 6191 § 1, 2008; Ord. 6163 § 1, 2008; Ord. 6051 § 1, 2006; Ord. 5914 § 1, 2005; Ord. 5803 § 1, 2003; Ord. 5583 § 1, 2001; Ord. 2943 § 1, 1976.)
2.03.040 Appointment of appointive officers.
The mayor shall appoint, and at his pleasure may remove, all city appointive officers, subject to the provisions of any applicable law, rule or regulation pertaining to civil service, state law or city ordinances. This appointive authority applies to acting, interim and permanent appointive officers. Appointive officers are as follows:
A. Department Directors.
1. City attorney;
2. Finance director;
3. Human resources/risk management director;
4. Information services director;
5. Parks and recreation director;
6. Planning and development director;
7. Public works director;
8. Police chief.
B. Assistant Department Director Positions.
1. Assistant city attorney;
2. Assistant police chief, subject to civil service rules;
3. City engineer.
C. Administrative Employees.
1. Administrative secretary (mayor and city council’s office);
2. Economic development manager;
3. Executive assistant to the mayor;
4. Intergovernmental services coordinator;
5. Communications/community relations.
D. Temporary assignment positions, including but not limited to public safety director or public safety chief and deputy police chief, or equivalent positions.
It is provided, however, that appointment of the city attorney shall be subject to confirmation by a majority of the members of the city council. (Ord. 6287 § 2, 2010; Ord. 6165 § 1, 2008; Ord. 5963 § 1, 2005; Ord. 5870 § 1, 2004; Ord. 5635 § 1, 2002; Ord. 5858 § 1 (Exh. A), 2001; 1957 code § 1.03.040.)
2.03.050 Oath, affidavit and signature powers.
The mayor and the deputy mayor shall 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 made by the city and all instruments which require the city seal. (Ord. 6191 § 2, 2008; 1957 code § 1.03.050.)
2.03.060 Ordinance powers and duties.
Every ordinance which passes the council, in order to become valid, must be presented to the mayor. If he approves it he shall sign it, but if not, he shall return it with his written objections to be entered at large upon the journal and proceed to a reconsideration thereof. If, upon reconsideration, five members of the council voting upon a call of yeas and nays favor its passage, the ordinance shall become valid notwithstanding the mayor’s veto. If the mayor fails for 10 days to either approve or veto an ordinance, it shall become valid without his approval. (1957 code § 1.03.070.)
2.03.070 Supervisory and administrative powers.
The mayor shall have general supervision over the several departments of the city government and over all its interests. Except as otherwise provided for by ordinance or state law, city administrative officers shall be responsible to the mayor for the efficient and economical conduct of their respective departments and offices. Where necessary he will initiate programs designed to bring work up to proper standards and levels of performance. The mayor shall also have general administrative authority provided by state statutes, city ordinances and as not in conflict with state law. The mayor shall also have authority to approve expenditures in accordance with ACC 3.10.020 and/or as otherwise provided. (Ord. 5778 § 1, 2003; 1957 code § 1.03.080.)
2.03.080 Investigative powers.
The mayor shall have the power to investigate and to examine or inquire into the affairs or operation of any city department, division, bureau or office; and when so authorized by the council, he shall have power to employ consultants and professional counsel to aid in such investigations, examinations or inquiries if money has been budgeted therefor in the year in which they are employed or if an emergency ordinance has appropriated the necessary funds for such personnel. (1957 code § 1.03.090.)
2.03.090 Departmental coordination duties.
The mayor shall be responsible for the coordination of the activities of the various city departments, boards and commissions to eliminate waste and duplication of efforts, prevent the departments from working at cross purposes, avoid conflicts in authority, and promote effective liaison between all agencies that work for the city. (1957 code § 1.03.100.)
2.03.100 Meeting coordination duties.
The mayor or the mayor’s designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues appropriate for consideration by the council and the various boards, commissions and committees of the city. The mayor or the mayor’s designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 5761 § 1, 2003.)
For statutory provision on the duties and authority of the mayor of a code city, see RCW 35A.12.100: for provisions on appointment and removal of officers, see RCW 35A.12.090; for provisions on code city budgets, see Ch. 35A.33 RCW.