CHAPTER 2.10
APPOINTIVE OFFICERS

Sections:

2.10.016    Appointment of City Attorney.

2.10.020    Finance Officer/Clerk.

2.10.030    Chief of Police as chief law enforcement officer.

2.10.040    Interim Chief of Police.

2.10.016 Appointment of City Attorney.

In accordance with RCW 35A.12.020, the Mayor shall appoint a person, or persons, to serve as City Attorney, which is an appointive officer of the City.

A. Special Attorney Appointments. The Mayor may from time to time appoint one or more attorneys in addition to the City Attorney to perform tasks as may be assigned, including, but not limited to, the appointment of bond counsel. Such attorney shall be an appointive officer of the City, to the extent of the performance of the services for which they are appointed.

B. Qualifications. Any person appointed pursuant to this chapter shall be an attorney at law admitted to practice in the state of Washington.

C. Duties and Authority. The City Attorney shall serve as general corporation counsel to the City. The City Attorney shall perform such tasks as may be inherent in the office and as may be directed by the Mayor, including, but not limited to:

1. Attending meetings of the City Council unless excused;

2. Attending meetings of the City Planning Commission, City Board of Adjustment/Appeals, and Civil Service Commission for Police and Fire when requested;

3. Preparing or reviewing ordinances upon request;

4. Preparing or reviewing contracts;

5. Attending meetings of City Staff upon request;

6. Advising the Mayor, Council and City Staff on matters of law;

7. Appearing in all legal actions brought against the City, or otherwise appropriately tender defense to counsel employed by an insurance carrier or insurance pool;

8. Bringing suit upon behalf of the City when directed to do so by the Council.

The City Attorney shall have authority to act as general corporate counsel to the City and shall have such authority as is necessary and proper to carry out the duties as City Attorney.

D. Compensation of City Attorney. Payment to be made to an attorney appointed to represent the City shall be set by salary ordinance for an attorney serving on a full-time or part-time basis for the City, or as provided in any personal services contract under which an attorney is employed. Services of a part-time attorney for representing the City in matters outside the City before state or federal boards or courts shall be compensated in addition to the salary fixed by ordinance at an hourly rate as may be agreed upon between the City and Attorney. The terms of payment for the services of the City Attorney or for the services as a Special City Attorney shall not derogate from the status as an appointive officer of the City, to the extent of the performance of the services for which they are appointed. (Ord 07-200 §2; Ord 94-09 §2)

2.10.020 Finance Officer/Clerk.

A. Clerk and Treasurer’s Combined. The statutory offices of Clerk and Finance Officer shall be combined. The Finance Officer of the City shall hereafter exercise all of the duties vested in and required to be performed by the City’s Clerk and Finance Officer including the investment of the City’s excess funds as authorized by law, in safekeeping accounts or by taking physical possession of the securities; and in cases where the law requires the Clerk and/or Finance Officer to sign or execute any documents, it shall not be necessary for the Finance Officer/Clerk to sign as Finance Officer but it shall be sufficient if they sign as Clerk.

B. Clerk as City’s Auditing Officer. The Finance Officer/Clerk shall serve as the City’s appointed auditing officer for purposes of auditing claims presented to the City by persons furnishing materials, rendering services or performing labor, or for any other contractual purpose, as set forth in RCW 42.24.080, as presently written, or hereafter amended.

C. References. Any reference to the term "Clerk" or Finance Officer" in this Code shall mean the Finance Officer/Clerk. (Ord 07-200 §2; Ord 01-81 §§4, 5; Ord 818 §1, 1991; Ord 702, 1986; Ord 150 §2, 1947)

2.10.030 Chief of Police as chief law enforcement officer.

The Chief of Police shall be the chief law enforcement officer of the City. The Chief of Police shall be a full-time commissioned police officer with full powers of arrest, and shall not be included in the civil service system of the City. (Ord 07-200 §2)

2.10.040 Interim Chief of Police.

If the office of Chief of Police becomes vacant due to resignation or termination and the Mayor believes it will take longer than four weeks to appoint a new Chief of Police, the Mayor shall appoint an Interim Chief of Police to act as the chief law enforcement officer of the City until the Mayor appoints a permanent Chief of Police. The Interim Chief of Police may be a commissioned police officer or an individual who has been a commissioned police officer who has retired. In the latter instance the duties of the Interim Chief of Police shall be limited to administering the Police Department and they shall not have the power of arrest. The Interim Chief of Police shall not be included in the civil service system of the City. (Ord 17-486 §1; Ord 13-317 §1)