Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Council

2.08 City Administrator

2.10 Finance Director

2.12 City Clerk

2.17 City Attorney

2.18 Assistant City Attorney

2.20 Utilities Supervisor

2.22 City Boards and Commissions

2.25 Park Board

2.26 Hearing Examiner

2.28 Repealed

2.29 Design Review Board

2.30 Planning Commission

2.32 Industrial Development Corporation

2.34 Human Services Board

2.35 Enumclaw Arts Commission

2.36 Emergency Services – Continuity of Government

2.38 Municipal Court

2.42 Fire Department

2.43 Fire Department Civil Service System

2.46 Reserve Police Force

2.50 Official Newspaper

2.52 Official Depository

2.54 Repealed

2.55 Voucher Certification and Approval Process

2.56 Claims Clearing Fund

2.60 Repealed

2.61 Seized Assets Fund

2.62 Repealed

2.63 Drug Enforcement Fund

2.64 Equipment Rental Fund

2.66 Schlotfeldt Fund

2.68 Public Library

2.69 Richard P. LaFromboise Memorial Fund

2.70 Cemetery

2.71 Repealed

2.72 Civil Service Commission – Police

2.76 Police Officers

2.78 Salaries

2.80 Vacation Pay

2.84 Sick Leave

2.90 Regular Firemen’s Pension

2.94 Volunteer Firemen’s Pension

2.98 Repealed

2.106 Indemnification of City Officials and Employees

2.110 Bonds for City Officials

2.112 Smoking Policy

2.116 Whistleblower Protection

Chapter 2.04
CITY COUNCIL¹

Sections:

2.04.010 Regular meetings.

2.04.015 Special meetings.

2.04.020 Meetings public – Executive sessions.

2.04.022 Seating.

2.04.025 Quorum.

2.04.030 Presiding officer – Mayor, clerk pro tempore.

2.04.035 Order of business.

2.04.040 Reading of minutes.

2.04.045 Council – Speaking.

2.04.050 Addressing the council.

2.04.055 Journal – “Ayes” and “nays.”

2.04.060 Officers and employees to attend.

2.04.065 Duty of the presiding officer.

2.04.070 Motion to reconsider.

2.04.075 Motions, resolutions and ordinances.

2.04.080 Confirmation of appointments.

2.04.085 Withdrawal by presiding officer.

2.04.090 Suspension of rules.

2.04.095 Robert’s Rules of Order.

2.04.100 Council committee on committees.

2.04.105 Study session meetings.

2.04.010 Regular meetings.

Regular meetings of the council shall be held on the second and fourth Monday of each month at the hour of 7:30 p.m. at the city council chambers, City Hall, Enumclaw, Washington, except if any such day is a recognized Washington State holiday, the meeting shall be held at the same time and place on the Tuesday immediately following. (Ord. 1365 § 1, 1982; Ord. 1238 § 1, 1978).

2.04.015 Special meetings.

Special meetings of the council may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least 24 hours before the time specified for the proposed meetings; provided, however, that no ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed at any special meeting, unless public notice of such meeting has been given by such notice to the local press, radio, and television as well, as reasonably calculated to inform the inhabitants of the city of the meeting. (Ord. 1238 § 1, 1978).

2.04.020 Meetings public – Executive sessions.

It is intended that the city council comply at all times with the requirements of the open meeting law of the state and amendments thereto. All council meetings shall be open to the public, except that the council may hold executive sessions from which the public is excluded for purposes only as established and authorized by the open meeting law now and hereafter provided. (Ord. 1238 § 1, 1978).

2.04.022 Seating.

Effective upon new council members taking office, they shall be seated in the seat of the council member that they have replaced. (Ord. 1889 § 1, 1996).

2.04.025 Quorum.

At all meetings of the council, a majority of the councilmen constitutes a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. (Ord. 1238 § 1, 1978).

2.04.030 Presiding officer – Mayor, clerk pro tempore.

All meetings of the council shall be presided over by the mayor, or, in his absence, by the mayor pro tempore. Biannually at the first meeting of a new council, or periodically, the members thereof, by majority vote, shall designate one of their number as mayor pro tempore for such period as the council may specify to serve in the absence or temporary disability of the mayor. If the clerk is absent from a council meeting, the mayor or mayor pro tempore shall appoint a clerk pro tempore. The appointment of a councilman as mayor pro tempore or as a clerk pro tempore shall not in any way abridge his right to vote upon all questions coming before the council. (Ord. 1238 § 1, 1978).

2.04.035 Order of business.

The order of business generally shall be in compliance with the provisions immediately following, but such provisions shall not be hard and fast to the extent that the council and mayor may not take matters out of order for conditions of enlarged attendance or otherwise may require such changes, or additional matters presented:

A. Call to order;

B. Pledge of Allegiance;

C. Reading of minutes;

D. Additions or corrections to agenda;

E. Bid openings/calls;

F. Communications;

G. Public hearings;

H. Reports;

I. Unfinished business;

J. New business;

K. Adjournment. (Ord. 1238 § 1, 1978).

2.04.040 Reading of minutes.

Unless a reading of the minutes of the prior council meeting is requested by a council member, such minutes may be approved without reading; provided, the city clerk has furnished each member with a written copy of the minutes prior to the meeting. (Ord. 1238 § 1, 1978).

2.04.045 Council – Speaking.

A council member desiring to speak shall address the chair and thereupon shall be recognized by the presiding officer:

A. Any member, while speaking, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

B. Any member, while speaking, should not be interrupted unless it be to call him to order.

C. No member shall speak a second time upon the same motion before opportunity has been given each member to speak on that motion. (Ord. 1238 § 1, 1978).

2.04.050 Addressing the council.

A. Any person, with the permission of the presiding officer, may address the council, but the presiding officer shall be required to give recognition in the following order:

1. To those whose request to be heard is contained in the written agenda;

2. To those who have submitted a request to be heard in writing to the city clerk before the council meeting;

3. To those who ask recognition from the floor.

B. In addressing the council, each person should stand, and after recognition, give his name and address, and unless further time is given by the presiding officer, shall limit his remarks to not more than five minutes. All remarks shall be made to the council as a body and not to any individual member.

C. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer.

D. Any person making personal, impertinent or slanderous remarks while addressing the council may be removed from the council chambers at the direction of the presiding officer, unless permission to continue be granted by a majority vote of the council. (Ord. 1238 § 1, 1978).

2.04.055 Journal – “Ayes” and “nays.”

The clerk shall keep a correct journal describing all action taken and the results of votes at the desire of any member, the “ayes” and “nays” shall be taken on any question and entered in the journal. (Ord. 1238 § 1, 1978).

2.04.060 Officers and employees to attend.

Any elective or appointive officer or employee of the city shall, when requested by the city council, attend all meetings of the council and shall remain in the council room for such length of time as the council may direct. (Ord. 1238 § 1, 1978).

2.04.065 Duty of the presiding officer.

It shall be the duty of the presiding officer of the council meeting to:

A. Call the meeting to order;

B. Keep the meeting to its order of business;

C. Preserve strict order and decorum at all regular and special meetings of the council;

D. Decide all questions of order, subject to appeal of the council, in which event a majority vote of the council shall govern;

E. Handle discussion in an orderly way:

1. Give every councilman who wishes an opportunity to speak;

2. Permit audience participation at appropriate times;

3. Keep all speakers to the rules and to the questions;

4. Give pro and con speakers alternating opportunities to speak;

5. Permit the mover of a motion to debate it first;

6. Give preference to one who has not yet spoken;

F. Put motions to vote when debate is concluded and announce the outcome;

G. Suggest, but not make motions for adjournment or recess;

H. Allow discussion of an issue prior to stating of a motion when such discussion would facilitate wording of a motion;

I. Permit, at the discretion of the presiding officer, the withdrawal of a motion by the mover thereof without the consent of the second. If there is objection, permission to withdraw shall require a majority vote of the council;

J. Permit, at the discretion of the presiding officer and with the consent of the second, the modification of a motion by the moving party thereof. If there is objection, permission to modify shall require a majority vote of the council. (Ord. 1238 § 1, 1978).

2.04.070 Motion to reconsider.

Motions to reconsider must be by a member who voted with the majority, and at the same or next succeeding meeting of the council; provided, however, that a motion authorizing or relating to any contract may be reconsidered any time before the final execution thereof. (Ord. 1238 § 1, 1978).

2.04.075 Motions, resolutions and ordinances.

Motions shall be reduced to writing when required by a majority vote of the council. All resolutions and ordinances shall be in writing. Any councilman may demand to have a full reading of a proposed ordinance immediately before a vote is called on its final adoption. Otherwise, it shall not be necessary to read excessive detail set forth in a particular ordinance, and, in lieu thereof, an oral summary of the contents shall be made by the city attorney. (Ord. 1238 § 1, 1978).

2.04.080 Confirmation of appointments.

Confirmation of appointments may be preceded by discussion in executive session. (Ord. 1238 § 1, 1978).

2.04.085 Withdrawal by presiding officer.

The presiding officer of the council may, at his discretion, call any member to take the chair, to allow the presiding officer to address the council, make a motion, or discuss any other matter at issue. (Ord. 1238 § 1, 1978).

2.04.090 Suspension of rules.

The rules of the council may be altered or amended by a vote of a majority of the council, or temporarily suspended by a vote of two-thirds of the members present. (Ord. 1238 § 1, 1978).

2.04.095 Robert’s Rules of Order.

Robert’s Rules of Order, Revised, shall govern the deliberations of the council, except when in conflict with any of the rules contained in this chapter. (Ord. 1238 § 1, 1978).

2.04.100 Council committee on committees.

There is created and established a council committee on committees for the city council. The appointment duties and functions thereof shall be as follows:

A. Appointment. Membership in the council committee on committees shall consist of the three council members having the longest tenure on the city council. Longest tenure is to be calculated as the total length of service as a city councilman, and need not be consecutive terms. In the event of two or more members having equal tenure, members shall be selected on the basis of the largest number of votes received at the most recent general election. Councilmen whose terms of office will expire prior to, or during the first meeting of a new council and who have not been reelected or appointed to another term of office extending beyond the first meeting of a new council shall not be allowed to serve on the new council committee on committees or allowed to vote on the approval of the membership of the new committees.

B. Powers – Functions. The function of the council committee on committees is to supervise the formation and membership of all standing committees of the city council. The council committee on committees shall, subject to the approval of a majority of the entire city council, designate all of the standing committees of the city council. In addition, the council committee on committees shall, biannually, at the first meeting of a new council, or periodically, submit a list of the proposed members for all standing committees of the council, for approval by a majority vote of the entire city council. The council committee on committees shall also recommend the chairman for each standing committee of the city council, which recommendations shall also be subject to approval by a majority vote of the entire city council. The membership of all standing committees of the city council shall consist exclusively of council members. (Ord. 1238 § 1, 1978).

2.04.105 Study session meetings.

The city council shall hold regular study session meetings on the first Monday of each month at the hour of 7:30 p.m. at the city council chambers, City Hall, Enumclaw, Washington, except on such day as a recognized Washington State holiday, the meeting shall be held at the same time and place on Tuesday, immediately following. (Ord. 1732 § 1, 1992; Ord. 1525 § 1, 1986).

Chapter 2.08
CITY ADMINISTRATOR

Sections:

2.08.010 Position created.

2.08.020 Scope of authority.

2.08.030 Powers and duties.

2.08.040 Residency requirements.

2.08.050 Combination of offices.

2.08.010 Position created.

There is created the office of city administrator, which office shall be filled by the appointment of the mayor, subject to confirmation by a majority of the city council, to serve at the pleasure of the mayor. (Ord. 1197 § 1, 1977).

2.08.020 Scope of authority.

Under the direction and authority of the mayor the city administrator shall supervise, administer and coordinate the activities and functions of the various city officers, departments, commissions and boards in implementing the requirements of city ordinances and the policies of the city council; assure the effective and efficient utilization of city employees, funds, materials, facilities and time; and direct and control the overall operations of the city to assure optimum services to the community. (Ord. 1197 § 1, 1977).

2.08.030 Powers and duties.

The city administrator shall have the following powers and duties:

A. He shall plan and direct all administrative activities in the city, develop and implement internal policies and procedures, appraise the efficiency and effectiveness of city employees and take necessary actions to improve city operations.

B. He shall plan and prepare data for grants and/or funded programs and maintain or establish intergovernmental coordination related to available funding.

C. He shall provide timely and accurate advice to officials and the public on areas in a wide field of general city operations and account for the appropriate actions on behalf of the city to respond to such inquiries.

D. He shall act as the city representative in areas such as labor relations, intergovernmental relations, conferences, conventions and seminars related to improved city administration. He shall delegate responsibility as necessary to accomplish desired objectives.

E. He shall attend meetings of the city council, planning commission and their boards and commissions as necessary to coordinate and satisfy the administrative needs of the parties involved.

F. He shall act to resolve operational and administrative conflicts and problems, decide and implement alternate course(s) of action, formulate and administer policies, and otherwise make decisions to assure the maximum efficiency of the general operations of the city.

G. He shall prepare and submit to the mayor the annual budget and be responsible for its administration after adoption. (Ord. 1197 § 1, 1977).

2.08.040 Residency requirements.

The city administrator need not reside within the city. (Ord. 1197 § 1, 1977).

2.08.050 Combination of offices.

The office of city administrator may be combined with any other appointive position in the city; provided that where combined, the compensation shall be fixed by the council for the combined office and shall not necessarily be the total of the compensation fixed for each office individually. (Ord. 1197 § 1, 1977).

Chapter 2.10
FINANCE DIRECTOR

Sections:

2.10.010 Position created.

2.10.020 Scope of authority.

2.10.030 Administration.

2.10.040 Appointment and confirmation.

2.10.050 Departmental control and supervision – Quarterly reports.

2.10.060 Duties.

2.10.010 Position created.

There is created an administrative department of the city to be known as the department of finance. The department of finance shall be under the supervision of the finance director. The finance director shall be the chief financial officer of the city. In all cases where the fiscal affairs of the city are not expressly otherwise charged by the laws of the state to another department or office, the finance director shall have control and supervision over such fiscal affairs and shall act to promote, secure and preserve the financial interests of the city. (Ord. 1684 § 2, 1990).

2.10.020 Scope of authority.

The finance director shall serve as a chief financial and accounting supervisor to the mayor and city council and shall advise the mayor and city council of the plans, functions and needs of the department of finance. (Ord. 1684 § 3, 1990).

2.10.030 Administration.

The finance director shall be responsible for all financial and accounting matters and divisions of the department of finance of the city, and for the administration of all department of finance matters. (Ord. 1684 § 4, 1990).

2.10.040 Appointment and confirmation.

The finance director shall be appointed by the mayor and confirmed by the city council. (Ord. 1684 § 5, 1990).

2.10.050 Departmental control and supervision – Quarterly reports.

The finance director shall exercise control and supervision over the department of finance of the city and, to this end, shall have the necessary control and supervision over the employees therein, sufficient to enable the director of finance to exercise requisite control and supervision of the billing, collecting and accounting functions of that department. He shall submit to the mayor and city council quarterly reports covering the operations of all municipal utilities of the city. (Ord. 1684 § 6, 1990).

2.10.060 Duties.

The duties of the finance director shall be to:

A. Provide efficient, effective and safe banking services, investment management and debt administration.

B. Maintain a general accounting system and exercise budgetary control for the city and each of its funds.

C. Prepare quarterly reports of all departments and funds for the mayor and city council.

D. Audit and approve all invoices, payrolls and other evidences of claims, demands or charges against city government.

E. Prepare a monthly listing of all invoices, payrolls and other evidences of claims, demands or charges against the city for approval by the city council.

F. With the advice of the city attorney, determine the legality and correctness of claims, inspect and audit any accounts and records of financial transactions of the city.

G. Attend to all financial duties relating to utility funds of the city.

H. Attend to all financial duties relating to special assessment districts of the city.

I. Assume all duties of a city treasurer as prescribed by RCW Titles 35 and 35A. (Ord. 2335 § 1, 2007; Ord. 1760 § 2, 1992; Ord. 1684 § 7, 1990).

Chapter 2.12
CITY CLERK

Sections:

2.12.010 State law adopted.

2.12.020 Appointment and confirmation.

2.12.010 State law adopted.

RCW 35A.12.020 is adopted as to the appointment of the city clerk. (Ord. 1760 § 1, 1992; 1958 Code § 1.16.010).

2.12.020 Appointment and confirmation.

The city clerk is, and shall be, appointed by the mayor, which appointment is subject to confirmation by a majority vote of the city council. (Ord. 1760 § 1, 1992; 1958 Code § 1.16.020).

Chapter 2.17
CITY ATTORNEY

Sections:

2.17.010 Appointment – Statutes adopted and on file.

2.17.020 Appointment – Effective when – Confirmation.

2.17.030 Delegation of duties.

2.17.010 Appointment – Statutes adopted and on file.

A. RCW Title 35A be, and is hereby adopted as to appointment of the city attorney.

B. Copies of RCW Title 35A are available for public inspection during regular business hours with the city clerk. (Ord. 2057 § 1, 2000; Ord. 1279 §§ 1, 3, 1979).

2.17.020 Appointment – Effective when – Confirmation.

From and after expiration of the present elective term of the city attorney, or such time as the office becomes vacant, whichever is the sooner, the city attorney of the city of Enumclaw be and shall be appointed by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council of the city. (Ord. 1279 § 2, 1979).

2.17.030 Delegation of duties.

In the event of the absence of the city administrator, the mayor may delegate those powers and duties set forth for the city administrator under EMC 2.08.030, as amended, to the city attorney. (Ord. 1693 § 1, 1991).

Chapter 2.18
ASSISTANT CITY ATTORNEY

Sections:

2.18.010 Position created – Duties.

2.18.020 Appointment.

2.18.010 Position created – Duties.

There is created the position of assistant city attorney, whose duties shall be those of the city attorney during the illness or absence of the city attorney. (Ord. 1902 § 1, 1996; 1958 Code § 1.18.010).

2.18.020 Appointment.

The city attorney shall nominate an individual to the mayor for mayoral appointment as the assistant city attorney. The mayor shall then either accept or reject the city attorney’s nomination. If the mayor rejects the city attorney’s nomination, the city attorney shall provide additional nominations until the mayor appoints one of the city attorney’s nominees as assistant city attorney. The assistant city attorney shall serve at the pleasure of the mayor. (Ord. 1902 § 1, 1996; 1958 Code § 1.18.020).

Chapter 2.20
UTILITIES SUPERVISOR

Sections:

2.20.010 Office created – Duties.

2.20.020 Appointment – Salary.

2.20.030 Assistant foreman – Engineer.

2.20.010 Office created – Duties.

A. There is created the position of utilities supervisor for the city, whose duties shall be to supervise the city water department, including all improvements thereon; to supervise the city street department, city sewers, city garbage and city parks, and to do any and all necessary lawful acts and to maintain and supervise the aforesaid different departments.

B. The utilities supervisor shall have power to hire the services of a city engineer on any and all city projects when same shall be required or necessary. (1958 Code § 1.70.010).

2.20.020 Appointment – Salary.

The utilities supervisor shall be appointed by the mayor of the city and the salary of the utilities supervisor shall be as provided in EMC 2.78.060. (1958 Code § 1.70.020).

2.20.030 Assistant foreman – Engineer.

The utilities superintendent shall also have authority to hire and appoint an assistant foreman at a salary as provided in EMC 2.78.060.

In case an engineer is hired, the engineer’s pay shall be paid out of such funds as the city council by resolution shall designate, and the rate of pay shall be fixed by the city council. (1958 Code § 1.70.030).

Chapter 2.22
CITY BOARDS AND COMMISSIONS

Sections:

2.22.010 Terms of members.

2.22.010 Terms of members.

The term of a member of any city board or commission shall expire on December 31st. Board and commission members whose terms expire on a date other than December 31st shall expire on the December 31st date of whichever year is closest in time to their now existing expiration date. (Ord. 1971 § 2, 1998).

Chapter 2.25
PARK BOARD

Sections:

2.25.010 Created – Objective.

2.25.020 Membership.

2.25.030 Meetings – Quorum.

2.25.040 Duties and responsibilities.

2.25.050 Staff support.

2.25.010 Created – Objective.

There is created and established a “park board” for the city. The objective is to provide guidance, direction and recommendations regarding the planning, acquisition, development and operation of park facilities, the community center and recreational programs serving the needs of the Enumclaw community. (Ord. 1767 § 2, 1992).

2.25.020 Membership.

A. Qualifications. The park board members shall be selected from individuals having a recognized fitness and interest in parks and recreation as evidenced by training, experience, actions or other support.

B. Number/Terms. The park board shall consist of seven members, each of whom shall be appointed for a term as follows:

1. Two members for initial terms expiring December 31, 1993;

2. Two members for initial terms expiring December 31, 1994;

3. Two members for initial terms expiring December 31, 1995; and

4. One member for an initial term expiring December 31, 1996. Subsequent terms shall be for four years and expire on December 31st of the respective ending term year. The initial term positions and respective appointments shall be determined by the mayor.

C. Residency. Five members of the park board shall be residents of the city and the remaining two members may reside outside the city limits, but must reside within the Enumclaw Parks and Recreation Service Area district (PRSA).

D. Appointment. Members of the park board shall be appointed by the mayor subject to confirmation by the city council. Members shall serve without compensation.

E. Removal. Members of the park board may be removed by the mayor, with concurrence of the city council, at any time during the term.

F. Vacancies. Vacancies for unexpired terms shall be filled in the same manner in which appointments are made.

G. Council Representative. The member of the city council assigned to the park board shall be a nonvoting, ex officio member of the park board in addition to the prescribed seven members. (Ord. 1767 § 2, 1992).

2.25.030 Meetings – Quorum.

The park board shall meet and organize by electing from the members of the board a chairperson to preside at all meetings and proceedings of the park board and to serve as chairperson for each calendar year. However, the initial term of chairperson shall be until December 31, 1993 and this initial chairperson shall be appointed by the mayor with the consent of the city council. A majority of the board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. The park board shall determine a regular meeting schedule as necessary, but no less frequently than once each month. All meetings shall be open to the public. The park board shall adopt such rules and regulations as are necessary for the conduct of its business, and shall keep a written record of its proceedings as a public record. (Ord. 1767 § 2, 1992).

2.25.040 Duties and responsibilities.

The park board shall serve in an advisory capacity and as such shall submit to the city council any recommendations regarding the acquisition, development, planning, and operation of park facilities, the community center, and recreational programs in the city. More specifically, the duties and responsibilities of the park board shall be:

A. Recommend policies and standards for the construction, development, maintenance, and operations of parks and recreational facilities belonging to or leased by the city;

B. Recommend plans, policies, and programs for meeting the recreation and cultural needs of the city’s residents in a constructive and wholesome manner;

C. Recommend leases, agreements, or contracts with governmental, nonprofit, or other outside agencies or individuals relating to the use of city-owned or city-leased parks, the community center, and recreation facilities;

D. Recommend activities or contractual services for recreational programs;

E. Recommend rules and regulations for the use and management of parks, the community center, and recreational facilities including planning, scheduling, budgeting, fees, operations, and other related functions. In addition, the park board shall have such other duties and responsibilities as may be prescribed by ordinance, or as directed by the mayor. (Ord. 1767 § 2, 1992).

2.25.050 Staff support.

Administrative staff support shall be provided by the parks and recreation manager or any other designee of the city administrator. Said staff support shall be responsible for the agenda packets, written record of the proceedings of the park board, and such other support as necessary to enable the park board to conduct business and carry out its duties and responsibilities. (Ord. 1767 § 2, 1992).

Chapter 2.26
HEARING EXAMINER

Sections:

2.26.010 Position created.

2.26.020 Appointment and confirmation.

2.26.030 Compensation.

2.26.040 Termination.

2.26.010 Position created.

There is created the position of hearing examiner, whose duties shall be to provide hearing examiner services as set forth in EMC Title 15, Administration of Development Regulations. The term “hearing examiner” shall likewise include the examiner pro tem. (Ord. 2367 § 1, 2007).

2.26.020 Appointment and confirmation.

The hearing examiner shall be appointed by the mayor and confirmed by the city council. (Ord. 2367 § 1, 2007).

2.26.030 Compensation.

Compensation for the hearing examiner shall be established via a professional services contract as recommended by the mayor and approved by city council. The hearing examiner shall be employed on a yearly basis via a renewable 12-month contract for services. (Ord. 2367 § 1, 2007).

2.26.040 Termination.

The appointed hearing examiner may be terminated as recommended by the mayor and confirmed by city council. (Ord. 2367 § 1, 2007).

Chapter 2.28
BOARD OF ADJUSTMENT

(Repealed by Ord. 2367)

Chapter 2.29
DESIGN REVIEW BOARD

Sections:

2.29.010 Purpose.

2.29.020 Membership.

2.29.030 Powers and duties.

2.29.040 Procedure.

2.29.010 Purpose.

The purpose of the design review board shall be to:

A. Further the comprehensive plan;

B. Promote the public health, safety, and general welfare;

C. Protect and enhance property values, minimize discordant and unsightly surroundings, and avoid inappropriate or poor design;

D. Protect and enhance the city’s unique and valuable social, cultural, economic, environmental, aesthetic, and natural values;

E. Promote construction and maintenance practices that improve visual quality; and

F. Recognize environmental and aesthetic design as an integral part of the planning process. (Ord. 1960 § 3, 1998).

2.29.020 Membership.

A. The design review board shall consist of five members, appointed by the mayor and confirmed by the council. The term shall be four years, except that appointments to fill any unexpired term shall be for the duration of said unexpired term.

B. Insofar as practicable, at least three members shall be architects, landscape architects, city planners, or engineers who are knowledgeable in matters of design and aesthetic judgment. All shall reside in the parks and recreation service area and a majority shall reside in the city.

C. The mayor, with confirmation of the council, may remove members for misconduct, neglect of duty, or nonattendance at meetings.

D. Members shall serve without compensation. (Ord. 1960 § 3, 1998).

2.29.030 Powers and duties.

A. The city shall not approve any Type I or II permit which is nonexempt per EMC 19.12.020 unless the design review board has issued a finding of conformance (with or without conditions) with the design regulations of Chapter 19.12 EMC. Nor shall the administrator or building official approve said Type I or II permit without attaching to it any condition stipulated by the design review board.

B. The city shall not act on Type III, IV, or V permit which is nonexempt per EMC 19.12.020 until the design review board has issued a finding of conformance (with or without conditions) or nonconformance with the design regulations.

C. The design review board may assist anyone requesting design advice, and may offer recommendations to the planning commission or council on legislation to promote aesthetic and environmental values. (Ord. 1960 § 3, 1998).

2.29.040 Procedure.

A. The design review board shall elect a chairman, and shall conform to the Open Public Meetings Act and the Appearance of Fairness Doctrine.

B. Three members shall constitute a quorum. Official action shall require a majority of those present.

C. The design review board shall not conduct public hearings, and need not publish notices of its regular meetings, but may solicit from anyone attending its meetings such explanations as it deems necessary to review the application.

D. The design review board may adopt bylaws augmenting these procedural rules.

E. The administrator of development regulations shall provide administrative support, including the taking of minutes. (Ord. 1960 § 3, 1998).

Chapter 2.30
PLANNING COMMISSION²

Sections:

2.30.010 Purpose.

2.30.020 Membership.

2.30.030 Powers and duties.

2.30.040 Procedure.

2.30.010 Purpose.

The purpose of the planning commission shall be to exercise, on behalf of the city, those powers conferred on planning agencies by Chapter 35A.63 RCW. (Ord. 2367 § 3, 2007; Ord. 1960 § 3, 1998).

2.30.020 Membership.

A. The planning commission shall consist of seven members appointed by the mayor and confirmed by the council. The term shall be four years, except that appointments to fill any unexpired term shall be for the duration of said unexpired term.

B. The planning commission shall consist of citizens who understand the benefits of planning and zoning. All shall reside in the parks and recreation service area and a majority shall reside in the city.

C. The mayor, with confirmation of the council, may remove members for misconduct, neglect of duty, or nonattendance at meetings.

D. Members shall serve without compensation. (Ord. 2367 § 3, 2007; Ord. 1960 § 3, 1998).

2.30.030 Powers and duties.

The planning commission shall perform the following duties as provided in EMC Title 15:

A. Provide recommendations to the council on amendments to the comprehensive plan or to the Enumclaw development regulations (EMC Titles 15 through 19);

B. Provide recommendations on other planning-related matters as requested by the council. (Ord. 2367 § 3, 2007; Ord. 1960 § 3, 1998).

2.30.040 Procedure.

A. The planning commission shall elect a chairman, and shall conform to the Open Public Meetings Act and the Appearance of Fairness Doctrine.

B. Four members shall constitute a quorum. Official action shall require a majority of those present.

C. The planning commission may adopt bylaws augmenting these procedural rules.

D. The administrator of development regulations shall provide administrative support, including the taking of minutes. (Ord. 2367 § 3, 2007; Ord. 1960 § 3, 1998).

Chapter 2.32
INDUSTRIAL DEVELOPMENT CORPORATION

Sections:

2.32.010 Created.

2.32.020 Name.

2.32.030 Interpretation.

2.32.040 Board of directors.

2.32.050 Charter.

2.32.060 Powers and limitations.

2.32.070 Restriction on financial interest.

2.32.080 Limitation on operation of industrial development facility.

2.32.090 Requirement for action by corporation.

2.32.100 Relationship between city and corporation.

2.32.110 Issuance of revenue obligations.

2.32.120 Action on net earnings and property.

2.32.130 Liability.

2.32.010 Created.

The city does create a public corporation to carry out the objects and purposes of Chapter 300, Laws of Washington, 1981 (Reg. Sess.) codified as Chapter 39.84 RCW as that law may from time to time hereinafter be amended (the “Act”). Such objects and purposes are independent upon and shall not be limited or restricted by reference to or inference from the terms of any other section of this chapter unless, and only to the extent, specifically set forth herein. (Ord. 1427 § 1, 1983).

2.32.020 Name.

The name of the public corporation shall be the “industrial development corporation of the city of Enumclaw” (the “corporation”). (Ord. 1427 § 2, 1983).

2.32.030 Interpretation.

This chapter shall be liberally construed to effect its purposes. (Ord. 1427 § 15, 1983).

2.32.040 Board of directors.

A. The board of directors of the corporation shall be composed of the members of the city council of the city as constituted from time to time. A majority of the members of the board of directors shall constitute a quorum.

B. The affairs of the corporation shall be conducted and carried out by the board of directors. The board shall elect among its own members a president, a vice-president, and a secretary. The board of directors shall adopt rules and regulations governing the conduct of the corporation.

C. Members of the board of directors shall serve with such compensation and reimbursement of expenses as may be provided in the rules and regulations to be adopted by the board of directors. (Ord. 1427 §§ 5, 6, 1983).

2.32.050 Charter.

A charter (the “Charter”) shall be issued to the corporation by this council which shall grant to the corporation authority to act pursuant to the Act. A copy of the initial charter to be issued is attached to the ordinance codified in this chapter as Exhibit A. This Charter may be amended from time to time by the city council. (Ord. 1427 § 4, 1983).

2.32.060 Powers and limitations.

A. The corporation shall have all the powers and be subject to all of the limitations and provisions contained in the Act.

B. The corporation shall have all the powers granted by the Act and shall be subject to all limitations on such powers provided in the Act. Such powers and limitations shall include, but not be limited to, the following:

1. To construct and maintain one or more industrial development facilities;

2. To lease to a lessee all or any part of any industrial development facility for such rentals and upon such terms and conditions, including options to purchase, as its board of directors considers advisable and not in conflict with the Act;

3. To sell by installment contract or otherwise and convey all or any part of any industrial development facility for such purchase price and upon such terms and conditions as its board of directors considers advisable and which are not in conflict with the Act;

4. To make secured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the project cost of any industrial development facility, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the project costs; and to charge and collect interest on the loans for the loan payments upon such terms and conditions as its board of directors considers advisable and which are not in conflict with the Act;

5. To issue revenue bonds for the purpose of financing all or part of the project cost of any industrial development facility and to secure the payment of the revenue bonds as provided in the Act;

6. As security for the payment of the principal of and interest on any revenue bonds issued and any agreements made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of its industrial development facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any lease or mortgage and repledge any security conveyed to the corporation, to secure any loan made by the corporation and to pledge the revenues and receipts therefrom;

7. To sue and be sued, complain, and defend in its corporate name;

8. To make contracts and to execute all instruments necessary or convenient for the carrying out of its business;

9. To have a corporate seal and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

10. Subject to the limitations of section 6 of the Act (RCW 39.84.060) to borrow money, accept grants from, or contract with any local, state, or federal governmental agency or with any financial, public, or private corporation;

11. To make and alter bylaws (rules and regulations) not inconsistent with the Charter for the administration and regulation of the affairs of the corporation;

12. To collect fees or charges from users or prospective users of industrial development facilities to recover actual or anticipated administrative costs; and

13. To execute financing documents incidental to the powers enumerated in this subsection. (Ord. 1427 §§ 3, 8, 1983).

2.32.070 Restriction on financial interest.

No director, officer, agent or employee of the corporation shall have directly or indirectly any financial interest in any property to be included in or any contract for property, service or materials to be furnished or used in connection with any industrial development facility financed through the corporation. (Ord. 1427 § 7, 1983).

2.32.080 Limitation on operation of industrial development facility.

The corporation created by this chapter may not operate any industrial development facility as a business other than as lessor, seller, or lender. The purchase and holding of mortgages, deeds of trust, or other security interests and contracting for any servicing thereof is not considered the operation of an industrial development facility. (Ord. 1427 § 9, 1983).

2.32.090 Requirement for action by corporation.

The corporation created by this chapter may not exercise any of the powers authorized in this section or issue any revenue bonds with respect to any industrial development facility unless the industrial development facility is located wholly within the boundaries of the city or unless the industrial development facility comprises energy facilities or solid waste disposal facilities which provide energy for or dispose of solid waste from the city or the residents thereof. (Ord. 1427 § 10, 1983).

2.32.100 Relationship between city and corporation.

The city may not give or lend any money or property nor exercise its power of eminent domain in aid of the corporation. This provision shall not preclude the city from dealing with the corporation on an arm’s-length basis. (Ord. 1427 § 11, 1983).

2.32.110 Issuance of revenue obligations.

The corporation may not issue revenue obligations except upon approval of the city. (Ord. 1427 § 12, 1983).

2.32.120 Action on net earnings and property.

Any net earnings of the corporation beyond those necessary for retirement of indebtedness incurred by it shall inure to the city and not for the benefit of any other person. Alteration of the Charter of or dissolution of or audits of the corporation shall be as provided by the Act and by subsequent ordinances of the city. Upon dissolution of the corporation, title to all property owned by the corporation shall vest in the city. (Ord. 1427 § 14, 1983).

2.32.130 Liability.

Every person who was or is a party to, or is threatened to be made a party to, or is involved in, any action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or a person of whom he is the legal representative is or was a director or officer of the corporation, or is or was serving at the request of the corporation as its representative in any other enterprise, shall be indemnified and held harmless to the fullest extent legally permissible under the law of the state of Washington from time to time against all expenses, liability and loss (including attorneys’ fees, judgments, fines and amounts paid or to be paid in settlement), reasonably incurred or suffered by him in connection therewith. Such rights of indemnification shall be a contract right which may be enforced in any manner desired by such person. Such right of indemnification shall not be exclusive of any other right which such directors, officers, or representatives may have or hereafter acquire, and without limiting the generality of such statement, they shall be entitled to their respective rights of indemnification under any bylaw, agreement, provision of law, or otherwise, as well as their rights under this section. The board of directors may adopt rules and regulations (bylaws) from time to time with respect to indemnification to provide at all times the fullest indemnification permitted by the law of the state of Washington, and may cause the corporation to purchase and maintain insurance on behalf of any person who is or was a director or officer of the corporation, or its representative in any other enterprise, against any liability asserted against such person and incurred in any such capacity or arising out of such status, whether or not the corporation would have the power to indemnify such person. (Ord. 1427 § 13, 1983).

Chapter 2.34
HUMAN SERVICES BOARD

Sections:

2.34.010 Established.

2.34.020 Purpose.

2.34.030 Members.

2.34.040 Powers and duties.

2.34.050 Staff support.

2.34.010 Established.

There is hereby established a human services board. (Ord. 2055 § 1, 2000).

2.34.020 Purpose.

The purposes of the human services board are as follows:

There is created and established a human services board for the city. The objective is to provide guidance, direction and recommendations regarding human services issues that are of concern to the Enumclaw community and the surrounding Enumclaw park and recreational service area (PRSA). (Ord. 2055 § 2, 2000).

2.34.030 Members.

The membership of the human services board is as follows:

A. The board shall consist of seven members, at least four of whom shall be city residents.

B. Board members shall reflect a balance of interests and should include but not be limited to human services oriented organizations such as the senior center, youth center, outreach ministries, Enumclaw community hospital, Enumclaw school district, Enumclaw police and fire departments, civic organizations and clients of human services providers.

C. Appointments to the board shall be made by the mayor, subject to approval by the council. (Ord. 2055 § 3, 2000).

2.34.040 Powers and duties.

The powers and duties and responsibilities of the human services board shall be as follows:

A. The human services advisory board should assist and advise elected officials of the city in identifying the local social service needs and recommend priorities to meet those needs including but not limited to proposing programs, reviewing and evaluating existing programs, encouraging citizen participation, development of human services element for consideration of inclusion in the city’s comprehensive plan, and performing other assignments as referred to the board by the mayor or council as deemed appropriate.

B. The board shall establish, subject to approval of the mayor and council, necessary policies, goals, rules and regulations to conduct the activities of the human services advisory board. (Ord. 2055 § 4, 2000).

2.34.050 Staff support.

The staff support shall be as follows:

Administrative staff support shall be provided by the parks and recreation director or any other designee of the city administrator. Said staff support shall be responsible for the agenda packets, written records of the proceedings of the human services board, and such other support as necessary to enable the human services board to conduct business and carry out its duties and responsibilities. (Ord. 2055 § 5, 2000).

Chapter 2.35
ENUMCLAW ARTS COMMISSION

Sections:

2.35.010 Commission created.

2.35.020 Powers and duties.

2.35.030 Membership.

2.35.040 Officials.

2.35.050 Rule adoption – Recordkeeping.

2.35.060 Deaccession policy.

2.35.070 Staff support.

2.35.010 Commission created.

There is created an arts commission to be known as the “Enumclaw arts commission.” (Ord. 2211 § 2, 2004).

2.35.020 Powers and duties.

Through consensus, the arts commission members make recommendations to the Enumclaw city council regarding arts and cultural events, activities, and services.

The powers, duties and responsibilities of the Enumclaw arts commission shall be as follows:

A. The Enumclaw arts commission should assist and advise elected officials of the city in identifying the local arts and cultural services needs and recommend priorities to meet those needs including, but not limited to, proposing programs, reviewing and evaluating existing programs, encouraging citizen participation, and performing other assignments as referred to the commission by the mayor or council as deemed appropriate.

B. The arts commission shall establish, subject to approval of the mayor and council, recommended policies, goals, rules and regulations to conduct the activities of the Enumclaw arts commission.

C. Specific duties include the following:

1. Attend monthly meetings on the first Wednesday of the month;

2. Engage in committee work;

3. Represent the arts commission at community events;

4. Advocate for the arts in the city of Enumclaw and the plateau community;

5. Assist and support city-sponsored arts and cultural events, activities and services;

6. Participate in long-range planning;

7. Review and make recommendations regarding policy;

8. Participate in ongoing evaluation and review of city-sponsored arts and cultural programming;

9. Maintain a general awareness of city-sponsored culture and arts programming. (Ord. 2211 § 2, 2004).

2.35.030 Membership.

The membership of the arts commission is not to exceed seven members to be appointed by the mayor with the approval of the city council. Appointment shall be for a period of three years or the unexpired balance of the terms for which appointed, whichever is the lesser period. (Ord. 2211 § 2, 2004).

2.35.040 Officials.

The arts commission shall elect its officers, including a chairman, vice chairman, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The arts commission shall hold regular public meetings at least on a monthly schedule. (Ord. 2211 § 2, 2004).

2.35.050 Rule adoption – Recordkeeping.

The arts commission shall follow city-established rules for transaction of business and shall keep written minutes of its proceedings, which minutes shall be a public record. (Ord. 2211 § 2, 2004).

2.35.060 Deaccession policy.

The following shall constitute the deaccession policy of the city of Enumclaw:

The cultural programs manager of the city of Enumclaw shall provide the following information to the Enumclaw arts commission when the Enumclaw arts commission or any member thereof recommends a deaccessioning of artwork:

A. Artist contract and other agreements in reference to the work of art in question.

B. Inform the artist of the recommendation for deaccession.

C. Obtain an opinion from an independent professional qualified to recommend deaccession of a work of art.

D. The Enumclaw arts commission, in open meeting, shall review the recommendation, the documents set forth above and set forth findings and conclusions to the city council.

E. The city council shall hold a public hearing by giving notice to the artist at the artist’s last known address. Notice may be given by first class mail to the last known address.

F. The city council may accept, deny or approve with conditions the art commission’s recommendations. The decision of the city council is final.

G. In making its decision the city council shall consider the deaccession policy as amended from time to time by the Enumclaw arts commission. (Ord. 2211 § 2, 2004).

2.35.070 Staff support.

The staff support shall be as follows: Administrative staff support shall be provided by the cultural arts manager/coordinator or the parks and recreation director or any other designee of the city administrator. Said staff support shall be responsible for the agenda packets, written records of the proceedings of the Enumclaw arts commission, and such other support as necessary to enable the Enumclaw arts commission to conduct business and carry out its duties and responsibilities. (Ord. 2211 § 2, 2004).

Chapter 2.36
EMERGENCY SERVICES – CONTINUITY OF GOVERNMENT

Sections:

2.36.010 Adopted.

2.36.020 Violation – Penalty.

2.36.030 Emergency relocation.

2.36.010 Adopted.

The city council adopts by reference Chapter 38.52 RCW now and as same may be amended, and further states that three copies of said chapter are on file with the city clerk of the city and subsequent amendments will be likewise filed in similar quantity as the Legislature of the state of Washington amends same. (Ord. 1216 § 1, 1977).

2.36.020 Violation – Penalty.

Any person violating the terms of this chapter and the chapter incorporated in this chapter by reference and the rules and regulations and orders promulgated under this chapter shall be subject to arrest and fine and/or imprisonment and if convicted thereon shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment in each and every instance. (Ord. 1216 § 2, 1977).

2.36.030 Emergency relocation.

Whenever, due to a natural disaster, an attack, or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of the city at the regular or usual place or places, the legislative body of the city may meet at any place within or without the territorial limits of the city on the call of the mayor, the chairman or any two members of the council of the city. After any emergency relocation, the affairs of the city council shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency. (Ord. 1215 § 1, 1977).

Chapter 2.38
MUNICIPAL COURT³

Sections:

2.38.010 Creation and jurisdiction.

2.38.015 Authority.

2.38.020 Judges pro tem.

2.38.030 Traffic violations bureau.

2.38.040 Court hours.

2.38.050 Pleadings, practice and procedure.

2.38.060 Costs of prosecution.

2.38.070 Costs defined.

2.38.080 Failure to pay costs – Penalties.

2.38.010 Creation and jurisdiction.

There is created and established an inferior court to be known and designated as a municipal court, entitled “the municipal court of the city,” which court shall have exclusive original jurisdiction of all actions brought to enforce or recover license penalties or forfeitures declared or given by city ordinances or by any state statutes. The municipal court shall further have jurisdiction and shall exercise all powers granted by Chapter 6 of the “Justice Court and Other Inferior Court Reorganization Law” (Chapter 299, Laws of 1961), together with such other powers and jurisdictions as are generally conferred in this state by either common law or by express statute upon the municipal court.

The judge of the municipal court shall be appointed by the mayor, with the approval and concurrence of the city council. The appointment is to be for a term of four years, commencing on January 15, 1962. Succeeding appointments shall be made in like manner by the fifteenth day of December preceding the end of every such four-year term. The person appointed as municipal judge shall be a citizen of the United States and of the state of Washington. The position of municipal judge is on a part-time basis. Additional part-time judges may be appointed by the mayor, subject to the approval and with the concurrence of the city council in the same manner as hereinabove set forth, whenever public interest and the administration of justice require the appointment of additional judge or judges. (1958 Code § 1.20.010).

2.38.015 Authority.

The municipal court shall operate under Chapter 3.50 RCW, as amended by Chapter 258, Laws of 1984. (Ord. 1450 § 1, 1984).

2.38.020 Judges pro tem.

The mayor shall appoint at least one judge pro tem who shall act in the absence or disability of the regular judge, and this appointment shall be with the concurrence of the council. If, during the absence or disability of the regular judge there is a court session for which the appointed judge pro tem cannot serve, the mayor may make an interim appointment of the judge pro tem without concurrence of the council effective only for that session. The judges pro tem shall be qualified to hold the position of judge in the municipal court as provided above. The pay for pro tem judges shall be set by resolution of the city council. (Ord. 1903 § 1, 1996; Ord. 1434 § 1, 1984; 1958 Code § 1.20.021).

2.38.030 Traffic violations bureau.

There is hereby established a traffic violations bureau of the city, which shall operate under the supervision of the municipal court to assist the court in processing traffic cases on court designated traffic offenses. All penalties and forfeitures paid to a violations bureau for the violation of municipal ordinances are to be placed in the city or town general fund or other such fund as may be prescribed by ordinance of the city or town or laws of the state. (1958 Code § 1.20.022).

2.38.040 Court hours.

The municipal court is open and shall hold regular sessions on Tuesdays beginning at 1:00 p.m., together with such additional times for special or regular sessions as may be prescribed by the municipal judge or the city council from time to time. (Ord. 2106 § 1, 2001; Ord. 1508 § 1, 1986; Ord. 1434 § 2, 1984; 1958 Code § 1.20.023).

2.38.050 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statute or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes now existing and as hereafter amended and supplemented including the applicable provisions of Chapters 3.30 through 3.74 RCW, together with applicable portions of Washington Court Rules and such rules as the municipal court may lawfully adopt from time to time. (Ord. 1434 § 3, 1984; 1958 Code § 1.20.024).

2.38.060 Costs of prosecution.

Any person convicted of any misdemeanor within the city shall, in addition to any sentence of fine or imprisonment or both, imposed upon him, be required to pay the costs of prosecution. (1958 Code § 1.20.040).

2.38.070 Costs defined.

“Costs” as used in this chapter includes:

A. Fees of the municipal court, which shall be as established and amended from time to time by resolution of the city council;

B. Fees and mileage of witnesses and jurors, which shall be the same fees and mileage allowed to witnesses and jurors in courts of justices of the peace;

C. Fees and mileage of the chief of police and policemen, which shall be the same as the fees and mileage allowed by law to constables.

The fees and mileage of the chief of police and policemen shall be collected for and paid into the general fund of the city. (Ord. 1366 § 2, 1982; Ord. 1333 § 1, 1980; 1958 Code § 1.20.050).

2.38.080 Failure to pay costs – Penalties.

Any person convicted in the municipal court that fails to pay the fine imposed may be committed to jail for a period of time equal to one day for each $50.00 thereof of the aggregate sum of fine and costs. (Ord. 2058 § 1, 2000; Ord. 1434 § 4, 1984; 1958 Code § 1.20.060).

Chapter 2.42
FIRE DEPARTMENT⁴

Sections:

2.42.010 Department created.

2.42.020 Appointment of chief and assistants.

2.42.030 Powers and duties of chief.

2.42.040 Assistant chief – Powers and duties.

2.42.050 Injuring or interfering with equipment – Commands of chief at fire – Penalty.

2.42.060 Meetings and drills – Rules and regulations.

2.42.010 Department created.

There is created in and for the city, a department to be known and designated as the Enumclaw fire department. (1958 Code § 1.24.010).

2.42.020 Appointment of chief and assistants.

Such fire department shall consist of a fire chief, to be appointed by the mayor, and such assistants as the fire chief shall from time to time appoint. (1958 Code § 1.24.020).

2.42.030 Powers and duties of chief.

The fire chief shall be the executive head and ex officio chairman of the fire department and is the custodian of and shall have general control and supervision of all fire engines, hose, machinery and other apparatus for the prevention and extinguishment of fires. He shall have full direction and control over the handling and extinguishing of any fire and, during any fire, he shall have full power and authority to summon any person or persons to his assistance and shall also, during the existence or continuance of any fire, have all the powers vested in the chief of police or other police officer to make arrests. It shall be his duty to keep the apparatus and equipment for preventing and extinguishing fires in good condition and to report the condition of same to the council whenever such reports may be required. He shall also make requisition upon the council, from time to time, for any necessary apparatus, supplies or equipment. (1958 Code § 1.24.030).

2.42.040 Assistant chief – Powers and duties.

The fire chief may appoint an assistant fire chief who shall, in the absence of the chief, perform his duties, and be vested with all his powers and authority. (1958 Code § 1.24.060).

2.42.050 Injuring or interfering with equipment – Commands of chief at fire – Penalty.

It is unlawful for any person to drive any vehicle over or across any fire hose or other fire apparatus, or otherwise injure or molest the same, while the same is in use or while the same is upon any street or alley or upon the ground for drying or for any other purpose, or in any manner to injure, interfere with or molest any hose, hose cart, or fire engine or other equipment or supplies used or kept for the prevention or extinguishment of fires; or to willfully disobey, violate or disregard any order or command of the fire chief, or his designee, during any fire. Any person violating any of the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in EMC 1.08.010. (Ord. 2060 § 1, 2000; 1958 Code § 1.24.040).

2.42.060 Meetings and drills – Rules and regulations.

The fire chief shall call such meetings of the fire department and hold such fire drills as he may deem advisable. The fire department may make bylaws or rules and regulations for its own government, not inconsistent with the provisions of this or any other chapter or any orders, rules or regulations of the city council. (1958 Code § 1.24.050).

Chapter 2.43
FIRE DEPARTMENT CIVIL SERVICE SYSTEM

Sections:

2.43.010 State Civil Service System adopted.

2.43.020 Fire department civil service commission established.

2.43.030 State laws adopted by reference.

2.43.010 State Civil Service System adopted.

Chapter 41.08 RCW, and amendments thereto, are adopted by reference to all full paid employees of the fire department and all appointments, advancements, demotions, removals, suspensions, discharges or control thereof shall be governed by the said Civil Service rules. (Ord. 1989 § 1, 1998; Ord. 1605 § 1, 1989; Ord. 1295 § 1, 1979).

2.43.020 Fire department civil service commission established.

There is created for the administration of such civil service for the fire department a civil service commission composed of three members, who shall be appointed by the mayor of the city. The term of office of such civil service commission shall be six years, except that the first three members of such commission shall be appointed for different terms as follows: one to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. In the event any civil service commissioner shall resign, become disqualified or be removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of the term. This section does not preclude appointment of the individuals of the police civil service commission to be appointed in the above capacity. (Ord. 1295 § 2, 1979).

2.43.030 State laws adopted by reference.

A. This chapter is adopted pursuant to Chapter 31 of the Sessions Laws of 1935 of the state of Washington, and all the provisions of said chapter and amendments established by Chapter 154, First Extra Session of 1973, which chapter in full is RCW Title 48, et al., are by reference incorporated in this Chapter 2.43 EMC, and made a part hereof.

B. Three copies of the above Laws, that is RCW Title 48 complete and as amended, are on file with the city clerk. (Ord. 1295 §§ 3, 4, 1979).

Chapter 2.46
RESERVE POLICE FORCE⁵

Sections:

2.46.010 Established.

2.46.020 Duties.

2.46.030 Membership.

2.46.040 Powers.

2.46.050 Compensation.

2.46.060 Use requiring additional manpower.

2.46.010 Established.

There is hereby created the Enumclaw reserve police force. Members of the police force shall be appointed by the Enumclaw chief of police. The reserve officers comprising the force shall be under the supervision of the chief of police and/or his designated subordinate. (Ord. 2002 § 1, 1999).

2.46.020 Duties.

An Enumclaw reserve officer shall be fully commissioned to enforce the criminal laws of the state and city. The duties of a reserve police officer shall be in the same manner and the same capacity as a full time police officer with the same assignment. (Ord. 2002 § 2, 1999).

2.46.030 Membership.

An application for a position of a reserve police officer must meet the following requirements:

A. Citizen of the United States of America;

B. Twenty one years of age or older;

C. Successfully passed both an oral board and a written test;

D. Successfully passed a polygraph, physical examination and background check;

E. Submit a completed application, on the form required by the city, which, in addition to completing the application, will provide written authorization to allow credit, driving and reference checks;

F. Successfully complete the Washington State Criminal Justice Reserve Academy;

G. Successfully complete 20 hours of authorized training per calendar year;

H. Shall qualify with their firearm in accordance with departmental standards;

I. Shall purchase their own uniform, body armor, and related equipment per departmental policy. The police department will provide insignia, weapon, training and related equipment and support per departmental policy;

J. Shall be responsible for the maintenance and care of all uniforms and equipment;

K. Shall contribute a minimum of 24 hours of service per month, which shall not include training or paid details. Exceptions may be considered in the event of illness or other considerations, at the discretion of the chief of police;

L. Execute an agreement of understanding that their position is at the sole discretion of the chief of police and may be terminated at any time for any reason without cause;

M. Execute an oath of office. (Ord. 2002 § 3, 1999).

2.46.040 Powers.

Powers shall be that of a fully commissioned police officer while on duty to enforce the criminal laws of the state and of the city. (Ord. 2002 § 4, 1999).

2.46.050 Compensation.

Members of the reserve police force shall serve without compensation. Members of the reserve police force shall not be regarded as a city employee for any purpose and shall not be subject to civil service rules and regulations nor shall be entitled to any benefits including, but not limited to, police pension funds or any benefit under LEOFF. (Ord. 2002 § 5, 1999).

2.46.060 Use requiring additional manpower.

Members of the reserve police force shall be used to augment police officers as additional manpower. They will not be used to supplant full time paid police officers. (Ord. 2002 § 6, 1999).

Chapter 2.50
OFFICIAL NEWSPAPER

Sections:

2.50.010 Official newspaper designated.

2.50.010 Official newspaper designated.

The Enumclaw Courier Herald at Enumclaw, Washington, is established as the official city newspaper for the publication of ordinances, notices and any and all other matters of the city requiring publication thereof. (1958 Code § 1.96.010).

Chapter 2.52
OFFICIAL DEPOSITORY

Sections:

2.52.010 Official depository.

2.52.010 Official depository.

The city will deposit funds only in qualified public depositories as set forth and defined in Chapter 39.58 RCW. (Ord. 1749 § 1, 1992; 1958 Code § 1.92.010).

Chapter 2.54
WARRANTS

(Repealed by Ord. 2334)

Chapter 2.55
VOUCHER CERTIFICATION AND APPROVAL PROCESS

Sections:

2.55.010 Finance department preaudit and certification.

2.55.020 Certification required.

2.55.030 Required language.

2.55.040 Council responsibility and liability.

2.55.050 Payment issuance.

2.55.060 Council review of supporting documentation.

2.55.070 Copy to be filed.

2.55.010 Finance department preaudit and certification.

All claims must be preaudited and certified by the finance director. This certification shall be a blanket certification, indicating the particular vouchers so certified. (Ord. 2333 § 1, 2007).

2.55.020 Certification required.

Certification is required regardless how the transaction is processed (i.e., checks, purchasing card, electronic funds transfer, etc.). (Ord. 2333 § 2, 2007).

2.55.030 Required language.

For all claims, including expense reimbursement claims, the certification must include the following language:

The undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim or reimbursement is a just, due and unpaid obligation against the City and that the undersigned are authorized to authenticate and certify to said claim.

(Ord. 2333 § 3, 2007).

2.55.040 Council responsibility and liability.

The certification by the finance director in no manner relieves members of the council from the responsibility and liability for each voucher approved. It is the council’s responsibility to ensure that the system of auditing and certifying vouchers is operating in a manner to provide the greatest possible protection for the council and the city. The minutes shall include the following:

The following transactions are approved for payment:
Transaction Type		Totals
Accounts payable voucher numbers:	_____ through _____	$_____
Payroll transaction numbers:	_____ through _____	$_____
Electronic transfer dates:	_____ through _____	$_____
Purchasing card transaction dates:	_____ through _____	$_____
Total transaction costs:		$_____

(Ord. 2333 § 4, 2007).

2.55.050 Payment issuance.

The city may issue payment before the council approves claims:

A. The finance director and the officer designated to sign checks must have an official bond or equivalent insurance coverage. The amount should be determined by the council but cannot be less than $50,000 (EMC 2.110.010 and RCW 42.24.180); and

B. The council should adopt contracting, hiring, purchasing, and disbursing policies that implement effective internal control; and

C. The council must review and approve the claims paid at a regularly scheduled public meeting within one month from issuance; and

D. If the council disapproves some claims, the finance director and the officer designated to sign the vouchers must recognize these claims as receivables of the city and pursue collection diligently until the amounts are either collected or the council is satisfied and approves the claims. (Ord. 2333 § 5, 2007).

2.55.060 Council review of supporting documentation.

The council may stipulate that certain kinds or amounts of claims should not be paid before the council has reviewed the supporting documentation and approved the issue of vouchers in payment of those claims. (Ord. 2333 § 6, 2007).

2.55.070 Copy to be filed.

The original copy of all vouchers shall be filed in the finance department. Supporting documentation must be retained and either attached to the vouchers or canceled by the finance director to prevent reuse. (Ord. 2333 § 7, 2007).

Chapter 2.56
CLAIMS CLEARING FUND

Sections:

2.56.010 Established.

2.56.020 Payments – Transfer of funds.

2.56.030 Effect on previous procedure.

2.56.010 Established.

There is hereby established in the office of the finance director, pursuant to RCW 35.21.085(2), a special fund, to be known and designated as the claims clearing fund, for the purpose of paying all claims maturing against the city, including moneys due city employees for salaries and wages. (Ord. 2261 § 2, 2005; 1958 Code § 1.85.010).

2.56.020 Payments – Transfer of funds.

The finance director shall transfer to the claims clearing fund any funds which are available and upon which warrants may be issued, and shall pay therefrom all claims against the city. The accounts of the claims clearing fund shall be kept and maintained in such a manner as to show the department or departments and respective amounts for which each payment or warrant is issued and payable. (Ord. 2261 § 2, 2005; 1958 Code § 1.85.020).

2.56.030 Effect on previous procedure.

Nothing in this chapter shall be deemed to change or alter the legal requirements for the payment of or the making of claims against the city. (Ord. 2261 § 2, 2005; 1958 Code § 1.85.030).

Chapter 2.60
PAYROLL FUND

(Repealed by Ord. 2261)

Chapter 2.61
SEIZED ASSETS FUND

Sections:

2.61.010 Established.

2.61.010 Established.

There is established Fund No. 150, seized assets fund, for the receipt and disbursal of funds received under Chapter 69.50 RCW. (Ord. 1659 § 1, 1990).

Chapter 2.62
NARCOTICS INVESTIGATION FUND

(Repealed by Ord. 2261)

Chapter 2.63
DRUG ENFORCEMENT FUND

Sections:

2.63.010 Mayor – Powers.

2.63.020 Additional penalty.

2.63.010 Mayor – Powers.

The mayor is authorized to enter into an agreement regulating the administration and use of a drug enforcement fund. (Ord. 1580 § 1, 1988).

2.63.020 Additional penalty.

The Enumclaw municipal court may impose as an additional penalty in a drug-related or alcohol-related offense an amount up to $50.00 which amount shall be deposited to the drug enforcement fund. (Ord. 1580 § 2, 1988).

Chapter 2.64
EQUIPMENT RENTAL FUND

Sections:

2.64.010 Fund – Created.

2.64.020 Transfer of equipment and moneys.

2.64.030 Administration.

2.64.040 Rental charges.

2.64.050 Accounts – Records.

2.64.060 Withdrawals – Procedure.

2.64.070 Continuity of fund.

2.64.080 Fund – Abolishment – Moneys reversion.

2.64.010 Fund – Created.

There is created and established in the treasury of the city a special fund to be known and designated as the “equipment rental fund,” to be used as a revolving fund to be expended for salaries, wages and operations required for the repair, replacement, purchase and operation of motor vehicle equipment, and for the purchase of all equipment, materials and supplies to be used in the administration and operation of the fund. (Ord. 1087 § 1, 1973).

2.64.020 Transfer of equipment and moneys.

There is transferred to the equipment rental fund established in EMC 2.64.010, all equipment and/or moneys and/or accounts payable and/or accounts receivable for the purchase of equipment now held in general government, street, sewer, water, cemetery, police and garbage departments as the same is presently constituted. (Ord. 1087 § 2, 1973).

2.64.030 Administration.

The equipment rental fund created herein shall be administered by the city administrator of the city. (Ord. 1087 § 3, 1973).

2.64.040 Rental charges.

The charges to be paid into the equipment rental fund by the various offices and departments of the city renting motor vehicle equipment from the fund shall be established annually by the city administrator. (Ord. 1087 § 4, 1973).

2.64.050 Accounts – Records.

The city clerk shall keep such books, accounts and records as are necessary to control and report the financial operations of the equipment rental fund, and shall further subdivide the cash account thereof into two separately designated accounts as follows:

A. Account “A,” which is the “current operating account,” into which shall be placed those portions of the charges made to the various offices and departments of the city in accordance with the schedule provided for in EMC 2.64.040, which are specifically billed the offices and departments to provide sufficient moneys to pay the salaries and wages, material, overhead, or other costs necessary to operate and maintain all motor vehicle equipment rented thereto. There shall also be placed into account “A” moneys which may from time to time be made specifically available thereto by action of the council of the city.

B. Account “B,” which is the “equipment purchase and replacement account,” into which shall be placed those portions of the charges made to the various offices and departments of the city in accordance with the schedule provided for in EMC 2.64.040 which are specifically billed said offices and departments to provide sufficient moneys, having first taken into consideration the necessary operating and maintenance cost billed under subsection A of this section, to pay the costs of purchasing new equipment and replacing used equipment as required to carry out the purposes of the equipment rental fund. There shall also be placed into account “B” moneys which are derived from the direct sale of any of the equipment or other capital assets of the fund and any moneys which may from time to time be made specifically available thereto by action of the city council of the city. (Ord. 1087 § 5, 1973).

2.64.060 Withdrawals – Procedure.

Any withdrawals or expenditures from the equipment rental fund shall be made only in the following manner:

A. Expenditures from account “A” shall be made only upon duly approved payrolls and vouchers of the city for the purposes herein before ascribed to said account.

B. Expenditures from account “B” shall be made only upon duly approved vouchers of the city for the purposes herein before ascribed to the account; provided that no expenditure shall be made from account “B” unless approved by ordinance or resolution or motion of the city council of the city. (Ord. 1087 § 6, 1973).

2.64.070 Continuity of fund.

All moneys deposited in the equipment rental fund and not expended as provided herein, shall remain in the fund from year to year and shall not be transferred to any other fund or expended for any purpose whatsoever, except as is herein provided; provided, however, any moneys in the fund not needed therein may from time to time be transferred by appropriate action of the city council of the city to the general fund of the city. (Ord. 1087 § 7, 1973).

2.64.080 Fund – Abolishment – Moneys reversion.

If at any time hereinafter the council of the city abolishes the equipment rental fund, then all moneys of deposit therein shall revert to the general fund of the city. (Ord. 1087 § 8, 1973).

Chapter 2.66
SCHLOTFELDT FUND⁶

Sections:

2.66.010 Established.

2.66.020 Source.

2.66.030 Status.

2.66.040 Disbursement.

2.66.010 Established.

There is hereby created a fund for the promotion of the Enumclaw public library to be known as the “Schlotfeldt library fund.” (1958 Code § 1.87.010).

2.66.020 Source.

The amounts deposited in this fund from the Schlotfeldt estate, with any and all other accruals therein shall be used for the improvement of the Enumclaw public library with emphasis on promotion of historical and pioneer history of the city and its vicinity, including, if necessary, the building of additional room(s) and/or enlargement of the library in accordance with such emphasis. (1958 Code § 1.87.020).

2.66.030 Status.

The sums in this fund shall not be considered a portion of any usual budgeted items or usual income to the city in behalf of the library. (1958 Code § 1.87.030).

2.66.040 Disbursement.

The library board of the city is entitled to disburse all or a portion of the funds herein in accordance with this chapter, subsequent pertinent plans and/or arrangements with the city council, and the city clerk and the city treasurer of the city shall honor warrants accordingly. (1958 Code § 1.87.040).

Chapter 2.68
PUBLIC LIBRARY⁷

Sections:

2.68.010 Created.

2.68.030 Trustees – Appointment, term and duties.

2.68.050 Exemption from charge.

2.68.010 Created.

There is created and established a free public library in and for the city. (1958 Code § 1.28.010).

2.68.030 Trustees – Appointment, term and duties.

The management and control of the library is vested in a board of five trustees who shall be appointed by the mayor with the consent of the council. No trustee shall receive any compensation. Each trustee shall hold office for a term of five years. A vacancy on an unexpired term shall be filled for the duration of the unexpired term only. In January of each year the trustees shall meet and elect its president and other officers. The board of trustees may have bylaws, rules and regulations of their own guidance and for the government of the library. The board shall have the supervision, care and custody of all rooms or buildings constructed and leased, and exclusive control of the expenditures of all moneys collected for the library fund. (Ord. 1971 § 1, 1998; 1958 Code § 1.28.030).

2.68.050 Exemption from charge.

The provisions set forth in EMC 2.68.040 shall not apply to family units where member(s) thereof

are paying real estate taxes on property within the city and shall not apply to student members of a family unit who are attending school within the corporate limits of the city. (1958 Code § 1.28.050).

Chapter 2.69
RICHARD P. LAFROMBOISE MEMORIAL FUND

Sections:

2.69.010 Created.

2.69.020 Source – Investment – Administration.

2.69.030 Status.

2.69.010 Created.

There is created a fund entitled “Richard P. LaFromboise Memorial Fund”. (Ord. 1565 § 1, 1987).

2.69.020 Source – Investment – Administration.

The $100,000 received from the estate of Clarence B. LaFromboise is to be deposited in the Richard P. LaFromboise memorial fund, which is to be held in trust by the city council as trustees with the net income therefrom to be used for such library purposes as the city council, acting as trustees for the fund, shall deem proper. The principal of the fund may be invested in the city’s general obligation bonds or local improvement bonds if the council so desires. The city council shall designate a committee comprised of the president of the Enumclaw library board, the mayor of Enumclaw, and the president of First National Bank of Enumclaw to administer the application of the fund available through said trust. (Ord. 1565 § 2, 1987).

2.69.030 Status.

The sums earned by this fund shall not be considered a portion of any usual budgeted items or usual income to the city of Enumclaw in behalf of the library. (Ord. 1565 § 3, 1987).

Chapter 2.70
CEMETERY

Sections:

2.70.010 Established.

2.70.020 Maintenance and improvement.

2.70.030 Board – Membership.

2.70.040 Board – Duties.

2.70.050 Sale of lots.

2.70.060 Assessments for care, upkeep and improvement.

2.70.070 Abandoned lots.

2.70.080 Special care or operating fund established.

2.70.090 Trust fund for endowment care established.

2.70.100 Catholic section – Burial limitation.

2.70.110 Penalties for violations.

2.70.010 Established.

There is established the Enumclaw Evergreen Cemetery, the site thereof to be the present site of the Enumclaw Evergreen Cemetery, at one time operated and maintained by the Evergreen Cemetery Association of Enumclaw, with full power of acquisition of additional land for burial purposes when same is deemed necessary. (1958 Code § 1.52.010).

2.70.020 Maintenance and improvement.

It is the purpose and the policy of the city council to maintain the Enumclaw Evergreen Cemetery as a public burial ground with special care and/or endowment care thereof, and the grave lots therein, and to keep same as a permanent burial tract with grass, shrubs and trees as shall be provided by the city council through the agency of its cemetery board. (1958 Code § 1.52.020).

2.70.030 Board – Membership.

There is a city cemetery board consisting of five members, all of whom shall be appointed by the mayor, and who shall hold office at his pleasure for a term of four years, with the provision that each member currently serving shall serve out existing terms. The members may be appointed by the mayor or from members of the city council, the qualified voters of the city, or freeholders of the city, or residents of the adjacent territory. The majority are to be residents of the city. (Ord. 1729 § 1, 1992; 1958 Code § 1.52.030).

2.70.040 Board – Duties.

It shall be the duty of the cemetery board:

A. To organize and hold meetings at least bimonthly, and immediately thereafter to render a report thereon at the next regular meeting of the city council;

B. To maintain the cemetery in a manner befitting the solemnity of the ground;

C. To make all necessary rules and regulations as may be necessary and/or required relative to monuments, headstones, markers, flowers, grass, trees and shrubs, and/or buildings, that are permitted on the burial grounds;

D. To do and perform every other act, matter and thing, necessary and/or required to be done for the complete performance and maintenance of the care, improvement, operation and solemnity of the grounds. (1958 Code § 1.52.040).

2.70.050 Sale of lots.

A. Any person owning lots in the Evergreen Memorial Cemetery, city of Enumclaw, will not be permitted to sell lots except to the city of Enumclaw. The city agrees to purchase the lot at the original purchase price, less the endowment care contribution, or for a minimum of $100.00.

B. Funds received from the sale of lots will be paid to the city clerk/treasurer, who shall keep a record thereof, and who will deposit such portion to the current cemetery fund and will deposit 20 percent of the gross sales price, with a minimum of $5.00 for each lot, to the cemetery endowment care trust fund and such portion thereof to the special care fund as the cemetery board shall from time to time direct, but such proportion to the endowment care trust shall at no time be less than required by statutes of the state as are now in effect or may thereafter be amended. (Ord. 1781 § 2, 1993).

2.70.060 Assessments for care, upkeep and improvement.

A. The city council has power to levy assessments for the care, upkeep and improvement of any lot or plot of ground, such assessment shall not exceed the pro rata rate per lot for the cemetery in general.

B. In the event the name of the owner of the lot assessed cannot be ascertained with reasonable diligence, the city council has the power to foreclose such assessments by publication of summons as it is now provided by the laws quieting title in actions against unknown heirs, persons or parties. (1958 Code § 1.52.060).

2.70.070 Abandoned lots.

As provided in the laws of the state, the ownership of or right in or to unoccupied cemetery space in the Enumclaw Evergreen Cemetery shall, upon abandonment, be subject to forfeiture and sale by the city, as having the ownership and/or management of the cemetery, for the purpose of providing for endowment care. The continued failure by an owner to maintain or care for an unoccupied cemetery lot, unoccupied part of lot, unoccupied lots or parts of lot for a period of five years creates and establishes a presumption that same has been abandoned. The city council, through its cemetery board, has the necessary power and authority to take the necessary action for forfeiture and sale of any such lots according to and as provided by law. (1958 Code § 1.52.070).

2.70.080 Special care or operating fund established.

There is established a special care or operating fund for the city cemetery, into which fund shall be placed such money or moneys as may be properly done by law and the direction of the board of directors of the Enumclaw Evergreen Cemetery, and same shall be expended therefrom only upon properly signed and approved vouchers, and warrants drawn thereon, signed by the mayor and countersigned by the city clerk. (1958 Code § 1.52.080).

2.70.090 Trust fund for endowment care established.

A. There is established a cemetery endowment care trust fund.

B. Not less than 10 percent of the gross sale price of each lot, with a minimum of $5.00 for each lot, shall be deposited by the city treasurer in the endowment care trust fund, until such time as the fund is of sufficient amount and size that the revenue received therefrom will provide ample funds for the endowment care and upkeep of the cemetery.

C. That endowment care may be provided for lots heretofore sold to private owners by payment to the city treasurer of such sum as may be determined by the city cemetery board, for each such lot, it being specifically provided that not less than a minimum of $5.00 for each such lot shall be deposited by the city treasurer in the endowment care trust fund, and which funds are subject to the provisions in subsection B of this section.

D. Public donations, endowments, bequests and other funds received by the city for said purposes shall be deposited in the endowment care trust fund.

E. The trust fund shall be kept by the city treasurer and shall be open for public inspection, and audited by such committee as the city council shall from time to time direct.

F. The moneys in the endowment care trust fund shall be invested by the city treasurer, only in municipal, county, school or federal bonds.

G. The principal of the trust shall be kept intact and not diminished, except such principal may be used in the construction of a mausoleum at the cemetery. The interest therefrom shall remain with the cemetery endowment care trust fund and added to the principal amount. One-third of the moneys gained from the mausoleum sales shall be used in the cemetery’s operating budget and the remaining two-thirds of the money gained from sales shall be returned to the endowment fund.

H. The expenditure of interest from the trust fund and also from the current expense fund, or special care or operating fund shall be made only on claims filed with the city clerk, and approved by the chairman of the cemetery board, and on vouchers drawn by the city clerk and paid by the city treasurer, after having been countersigned by the mayor and clerk. (Ord. 2200 § 1, 2003; Ord. 1879 § 1, 1996; 1958 Code § 1.52.090).

2.70.100 Catholic section – Burial limitation.

That so far as is feasible and within the allowance of the law as established by the state of Washington, burials in the Catholic Section of the Enumclaw Evergreen Cemetery shall be designated for people of the Catholic religion and/or non-Catholic spouses and children and conditions as shall be determined by the pastor and/or associate pastor of the Sacred Heart Church, Enumclaw, Washington. (Ord. 1034 § 2, 1971).

2.70.110 Penalties for violations.

Any person, firm or corporation who:

A. Violates any of the provisions of this chapter;

B. Violates any of the rules or regulations adopted by the cemetery board for the beautification, maintenance and/or upkeep of the cemetery;

C. Willfully damages or destroys any tombstone, monument, or marker or willfully damages or destroys any of the cemetery property; or

D. Permits any livestock within the cemetery grounds;

shall be guilty of a misdemeanor punishable by up to 90 days in jail and a $1,000 fine. Each separate act and/or each day of continued violation shall constitute a separate offense. (Ord. 1881 § 1, 1995; Ord. 1406 § 1, 1983; 1958 Code § 1.52.100).

Chapter 2.71
CEMETERY BEAUTIFICATION FUND

(Repealed by Ord. 2261)

Chapter 2.72
CIVIL SERVICE COMMISSION – POLICE⁸

Sections:

2.72.010 State law adopted.

2.72.020 Commission created – Appointment – Term – Vacancies.

2.72.030 State law incorporated in chapter.

2.72.010 State law adopted.

The civil service commission set forth in Chapter 41.12 RCW is adopted for the police department of the city, and all full paid employees. with the exception of the chief of police, and all appointments, advancements, demotions, removals, suspensions and discharges or control thereof, and members thereof, shall be governed by the Civil Service Rules. (Ord. 2203 § 1, 2004; Ord. 1985 § 1, 1998; Ord. 1605 § 2, 1989; 1958 Code § 1.56.010).

2.72.020 Commission created – Appointment – Term – Vacancies.

There is hereby created for the administration of such civil service for the police department a civil service commission composed of three members, who shall be appointed by the mayor of the city. The term of office of such civil service commission is six years, except that the first three members of such commission shall be appointed for different terms as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. In the event any civil service commissioner shall resign, become disqualified or be removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of the term. (1958 Code § 1.56.020).

2.72.030 State law incorporated in chapter.

This chapter is adopted pursuant to Chapter 41.12 RCW, and all the provisions of that chapter are by reference incorporated herein and made a part hereof. (1958 Code § 1.56.030).

Chapter 2.76
POLICE OFFICERS⁹

Sections:

2.76.010 Rank and grades.

2.76.020 Appointment, promotion and removal.

2.76.030 Salaries.

2.76.010 Rank and grades.

The police officers of the city in order of rank and position are as follows:

Chief of police

Lieutenant

Sergeant

Detective

Patrolman. (Ord. 1696 § 2, 1991).

2.76.020 Appointment, promotion and removal.

The mayor of the city shall appoint the chief of police, who shall be confirmed by the city council. The appointment, promotion and removal of officers designated in EMC 2.76.010 shall be the authority and responsibility of the chief of police subject to provisions of the civil service commission under Chapter 2.72 EMC. (Ord. 1696 § 2, 1991).

2.76.030 Salaries.

The maximum salaries of police officers shall be as set forth by the city council and approved by the mayor. (Ord. 1696 § 2, 1991).

Chapter 2.78
SALARIES¹⁰

Sections:

2.78.010 Mayor.

2.78.020 City councilpersons.

2.78.040 Volunteer firemen.

2.78.050 Appointive officers.

2.78.060 Nonelective employees.

2.78.070 Police salary – Source of funds.

2.78.080 Classification of laborers.

2.78.100 Mayor and clerk authorized to issue warrants.

2.78.010 Mayor.

The salary of the mayor of the city is fixed at $1,000 per month, effective January 1, 1995, and to be paid from the current expense fund. (Ord. 1831 § 1, 1994; Ord. 1290 § 1, 1979; Ord. 1212 § 1, 1977; 1958 Code § 1.68.010).

2.78.020 City councilpersons.

The salaries of city councilpersons eligible to receive the same under the laws of the state of Washington are fixed at $325.00 per calendar month, effective at the beginning of each term of each respective councilperson and will be paid from the current expense fund. (Ord. 1943 § 1, 1997; Ord. 1549 § 1, 1987; Ord. 1382 § 1, 1983; Ord. 1290 § 2, 1979; Ord. 1212 § 2, 1977; 1958 Code § 1.68.020).

2.78.040 Volunteer firemen.

The rate of pay for all officers and volunteer firemen for the city shall be established by the mayor and the city council of the city pursuant to the lawful adoption of the budget of the city and the lawful amendment thereto. (Ord. 1077 § 2, 1973).

2.78.050 Appointive officers.

The salaries of the planning director, city treasurer, city clerk, fire chief, health officer, city attorney, and the salary of the judge shall be established by the mayor and council of the city pursuant to the lawful adoption of the budget of the city and the lawful amendment thereto. (Ord. 1378 § 2, 1982; Ord. 1080 § 2, 1973).

2.78.060 Nonelective employees.

The salaries of all other nonelective city employees under union membership, shall be established pursuant to the current union contract for city employees and in future union contracts established by negotiations between the city and the official union representative of the nonelective city employees. (Ord. 1080 § 3, 1973).

2.78.070 Poli