Chapter 2.08
TOWN OFFICERS GENERALLY
Sections:
2.08.020 Residency requirements waived.
2.08.030 Offices of city clerk and city treasurer combined.
2.08.032 General policy and procedure.
2.08.033 Discipline or termination.
2.08.050 Building official established—Appointment and removal.
2.08.020 Residency requirements waived.
The city waives all residency requirements for all appointive positions. (Ord. 714 § 1, 2022; Ord. 589 § 2 (part), 2010: Ord. 229, 1985)
2.08.030 Offices of city clerk and city treasurer combined.
The office of city treasurer is combined with the office of city clerk, and the clerk shall exercise all the powers vested in and perform all the duties formerly required to be performed by the treasurer and in cases where the law requires the treasurer to sign or execute any papers or documents, it shall not be necessary for the clerk to sign as treasurer but shall be sufficient if the clerk signs as clerk. (Ord. 714 § 1, 2022; Ord. 589 § 2 (part), 2010: Ord. 117 § 1, 1975)
2.08.031 Term of office.
The term of office of the Rainier clerk-treasurer shall be three years. The appointee’s term of office shall be for three years ending on December 31st of the year closest to three years following appointment or, if combined with any other currently held office, appointed for a fixed term, then conterminous with the already existing term. Each successive term shall begin on the first day of January following the expiration of the preceding term and ending December 31st three years later. Unless terminated by one of the parties by the last business day of November just prior to the end of term, such term shall automatically renew for an additional three years. (Ord. 664 § 2 (part), 2017)
2.08.032 General policy and procedure.
The policy and procedure manual as adopted by the council or mayor currently or in the future shall apply to the office of clerk-treasurer as it applies to all department heads and other employees, including all rules, conditions, rights, duties and benefits provided therein, unless inconsistent with any provision of this chapter or otherwise approved; provided, however, the clerk-treasurer shall not be subject to discipline or termination at will or without cause, or without at least ten (10) days’ advance notice, except in exceptional cases requiring immediate removal from office, as determined by the mayor. In such cases, the clerk-treasurer shall be placed on administrative leave with pay pending a hearing as provided for in this chapter. The rights of the clerk-treasurer in this regard shall include the right to a hearing, except in cases involving the conviction of a crime involving moral turpitude. (Ord. 664 § 2 (part), 2017)
2.08.033 Discipline or termination.
Causes for discipline and/or termination are as listed in the policy and procedure manual for employees generally.
A. If the appointed city clerk-treasurer (“appointee”) is to be disciplined or terminated, other than for conviction of a crime involving moral turpitude, the city will conduct a hearing if requested. The hearing serves as a check against mistaken decisions and to determine whether there is a reasonable cause for such discipline or termination.
B. If the mayor decides to discipline or terminate the appointee, the latter shall be provided with a written notice of the alleged cause for such action, at least ten (10) days in advance. The notice shall include an explanation of the charges on which the decision is based, and the time and date for a hearing.
If the individual refuses to appear or without an approved excuse fails to appear, the mayor’s decision shall be final. The mayor may grant a postponement of the hearing, in such cases, for a maximum of five days.
C. The prediscipline or pretermination hearing will be presided over by a panel consisting of two council members. The mayor shall have a right to be present and participate, but shall not have a vote. At the hearing, the appointee may show cause why he or she should not be disciplined or terminated. The appointee may bring one person to the hearing as an observer, who shall not allowed to participate in the hearing or interfere with its orderly process. If the accompanying person is a licensed attorney, he or she shall be allowed to sit with and counsel the appointee, but shall not be allowed to disrupt the process.
D. Within two working days after the hearing, the panel will issue a decision on whether there are reasonable grounds to believe the charges against the appointee are true and support the discipline or termination. A longer review may be performed in complex situations, at the discretion of the panel, but for no longer than five additional days. If the panel unanimously finds the charges to be credible, the mayor’s decision shall be final. If the panel is divided on the question, the matter shall be referred to the mayor with a nonbinding recommendation for further investigation or other disciplinary action. (Ord. 664 § 2 (part), 2017)
2.08.040 City attorney.
The city shall contract with a qualified attorney or firm to provide legal counsel and services, with a qualified attorney to act as prosecuting attorney, and with a qualified attorney to act as a public defender, by reasonable contracts negotiated by the mayor and approved by the council. An attorney serving in any of those positions shall not hold any other office or employment, or engage in any other business or activity, in conflict with the proper performance of his or her duties in the public interest. (Ord. 710 § 1, 2022)
2.08.050 Building official established—Appointment and removal.
The city establishes the position of building official. The individual appointed to fill said established position is to be appointed by the mayor and may be removed at his pleasure unless otherwise provided by contract approved by the city council. (Ord. 714 § 1, 2022; Ord. 589 § 2 (part), 2010: Ord. 242, 1985)