Chapter 2.10
COUNTY EXECUTIVE OFFICIALS

Sections:

2.10.010    Executive functions.

2.10.020    Assessor functions.

2.10.030    Sheriff functions.

2.10.035    Sheriff’s fees established.

2.10.040    Clerk functions.

2.10.050    Auditor authority and functions.

2.10.010 Executive functions.

The following functions of government not otherwise provided for in the charter are deemed executive functions and shall be performed by the county executive:

(1) Approval of all bonds and assignments of account running to or for the benefit of the county, including but not limited to: officials and employees bonds; cash bonds, bonds issued by a surety company, or assignments of account given to assure performance or maintenance; cash bonds, bonds issued by a surety company, or assignments of accounts to assure performance of conditions incidental to land use activities or to any other license or permit issued by the county; but not including any bond required in any civil or criminal court proceeding;

(2) Approval of amendments, change orders, and orders for extra work on contracts subject to bidding as provided in SCC 3.04.140;

(3) Determination that the performance or other consideration to be delivered to the county under the terms of any contract has been performed or delivered; and to accept such performance or other consideration on behalf of the county. The county executive shall keep the county council advised of developments which will unreasonably delay completion of any contract or unreasonably increase the costs thereof;

(4) Approval of all insurance policies and certificates of insurance;

(5) Approval of payrolls of county officials and employees;

(6) Upon receipt of any claim against the county, or any pleading in connection therewith, the county executive shall immediately forward copies thereof to the prosecuting attorney and the county department involved;

(7) Approval of the bringing of or joining in civil lawsuits seeking damages or injunctive relief in behalf of the county. The county council may also approve the bringing of or joining the county in any lawsuit in behalf of the county;

(8) Approval of budget transfers as provided in chapter 4.26 SCC as it now exists or is hereafter amended;

(9) Approval of escrow agreements on retained percentages as provided in RCW 60.28.010;

(10) Approval of all agreements with any cities or towns of Snohomish county of the county jail or district court filing fees; PROVIDED, That the county council by resolution has previously established the rates to be charged and other terms of such agreements and has approved the forms of contracts to be utilized. The county executive shall submit to the county council an annual report not later than February 15th of each year showing rates and effective dates of such contracts approved by the county executive. Not later than December 1st of each year, the county executive shall submit to the county council the forms of contracts to be used on such agreements for the following year. Rates and terms to be used in such contracts shall be reviewed not less than once a year by the county council;

(11) Approval and acceptance of all contracts with landowners and/or developers required by or as a condition of any comprehensive plan amendment, rezone, variance, conditional use permit, plat or replat or any other land use control, final approval thereof which has been given by the county council or the hearing examiner; PROVIDED, That all such contracts shall be approved by the hearing examiner prior to approval by the county executive; and the county executive shall submit to the county council an annual report, due not later than February 15th of each year, showing the names of parties and the general purposes of such contracts as have been approved by the executive;

(12) Approval of all licenses to occupy, use or access the Snohomish County Airport and all airport leases; PROVIDED, That in accordance with SCC 15.04.040, the county executive may recommend individual licenses or leases for approval by the council, and shall recommend in such detail as the council may require proposed rates, terms and forms of leases to be approved by the executive in which event the county council by motion will establish the rates to be charged and other terms of any such lease and approve the form of lease utilized which rates, terms and form may be changed from time to time by the county council; and PROVIDED, FURTHER, That the county executive shall submit an annual report to the county council, not later than February 15th of each year, showing the names of parties, rents, reserve, areas rented, and time period of each such lease and license. Any lease or license executed pursuant to this section shall be deemed to be with the approval of the county council as required by chapter 15.04 SCC;

(13) Approval of contracts and contract amendments relating to the department of human services as provided in subsections (24), (25) and (28) of this section or SCC 2.400.065;

(14) Approval of contracts with the cities, towns, or other municipal subdivisions for the purchase of gasoline, diesel oil or other petroleum products, and contracts for street or road maintenance with counties, cities, or towns; PROVIDED, That the county council has approved the schedule of charges to be made for various items of maintenance and the forms of contract to be used. The county executive shall submit an annual report to the county council, not later than February 15th of each year, showing the parties’ services and charges on such contracts;

(15) Approval of applications and contracts for grants in aid and for any projects previously approved in the annual or six year road program with the Washington State Department of Transportation or in the department of public works surface water management annual construction program or six year capital improvement program; PROVIDED, That the county executive shall submit to the county council an annual report, not later than February 15th of each year summarizing such applications and contracts;

(16) Approving and signing public disclosure reports for lobbying activities by county officials and employees as required by chapter 42.17 RCW;

(17) Approve haul route agreements with other public agencies or contractors with public agencies permitting use of designated county roads, or sections thereof for detour routes or moving of heavy equipment or materials necessitated by the performance of a public works contract; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special service contracts;

(18) Approval of vouchers for payment of all claims presented against the county by persons furnishing goods or materials, rendering services or performing labor, or for any other contractual purpose as well as employee reimbursement claims for allowable expenses. Prior to approval by the county executive, all claims shall be certified for payment by the county auditing officer;

(19) Approval of agreements between the state and county for the purpose of participating in state work experience programs;

(20) Approval of waste reduction and recycling grant contracts; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special service contracts;

(21) Approval of contracts and contract amendments implementing programs or projects administered by the superior court, including the juvenile court division of the superior court; PROVIDED, The county council has approved necessary contracts with state, federal, or other sources of funds, if any funds from such sources are used, and the county council has appropriated funds for such programs or projects; and PROVIDED FURTHER, That the county executive shall submit to the county council an annual report, not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract and contract amendment approved and signed by the county executive under this section;

(22) Approval of contracts and contract amendments implementing programs or projects administered by the department of planning and development services; PROVIDED, The county council has approved necessary contracts with state, federal, or other sources of funds, if any funds from such sources are used, and the county council has appropriated funds for such programs or projects; and PROVIDED FURTHER, That the division shall submit to the county council an annual report, not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract and contract amendment approved and signed by the county executive;

(23) Approval and submission of all applications for grants on behalf of the county unless the granting agency requires approval of such applications by the county council;

(24) Approval of contracts and, except when the county council by motion or ordinance has restricted executive authority to approve amendments for specific contracts, contract amendments on behalf of the county for funds, property or services contributed to the county by grants, entitlements and shared revenue of every kind and nature; which do not obligate the county monetarily and implement programs, projects, or functions that the county council has specifically authorized by motion or ordinance; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract approved and signed by the county executive under this section;

(25) Approval of contracts and, except when the county council by motion or ordinance has restricted executive authority to approve amendments for specific contracts, contract amendments on behalf of the county for funds, property or services contributed to the county by grants that require match funds of up to $50,000 which implement programs, projects, or functions that the county council has specifically authorized by motion or ordinance; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract approved and signed by the county executive under this section.

(26) Approval of purchase and other contracts on behalf of the county that are recommended by the Snohomish county arts commission pursuant to chapter 2.95 SCC, including but not limited to contracts limiting the use of contributions to the arts fund and contracts providing for the purchase or use of works of art, provided that such contracts comply with SCC 3.04.140 concerning award and execution of contracts;

(27) Approval of plans, and amendments thereto, prepared under provisions of the Local Agency Guidelines adopted by the state department of transportation to assure compliance with Title VI of the Civil Rights Act of 1964 in county transportation program projects that are funded by the federal highway administration. The county executive shall serve as the county’s administrator under such plans;

(28) Approval of grant documents (including but not limited to applications, certifications, contracts, and subsequent amendments) on behalf of the county for funds contributed to the county by grants that are included in a grant work plan approved by the county council by motion in accordance with SCC 4.26.025; PROVIDED, That this section does not authorize the county executive to approve those grant documents which a prior contract or interlocal agreement requires must be approved by the county council; PROVIDED FURTHER That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, grant amount, and the purpose of each grant contract approved and executed by the county executive under this subsection.

(Added Ord. 80-032, July 14, 1980; Ord. 80-097, Nov. 10, 1980; Ord. 81-017, Mar. 11, 1981; Ord. 81-086, Sept. 2, 1981; Ord. 82-048, July 7, 1982; Ord. 82-098, Oct. 4, 1982; Ord. 84-147, Nov. 30, 1984; Ord. 88-011, Mar. 30, 1988; Amended Ord. 89-029, § 1, May 17, 1989; Amended Ord. 89-060, July 12, 1989; Amended Ord. 90-214, January 16, 1991; Amended Ord. 91-047, April 24, 1991; Amended Ord. 92-001, January 29, 1992; Amended Ord. 92-065, July 8, 1992; Amended Ord. 92-067, July 8, 1992; Amended Ord. 92-076, July 22, 1992; Amended Ord. 92-087, Aug 19, 1992; Amended Ord. 92-132, § 1, Nov. 18, 1992; Amended Ord. 93-122, Dec. 1, 1993, Eff date Dec. 11, 1993; Ord. 95-004, § 12, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 97-094, § 1, Oct. 22, 1997, Eff date Nov. 3, 1997; Amended Ord 00-026, June 7, 2000, Eff date June 17, 2000; Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006; Ord. 07-011, Feb. 28, 2007, Eff date March 12, 2007; Emergency Ord. 07-033, April 18, 2007, Eff date April 18, 2007; Ord. 07-036, May 21, 2007, Eff date June 15, 2007; Amended by Ord. 08-056, April 30, 2008, Eff date May 24, 2008; Amended by Amended Ord. 08-065, June 4, 2008, Eff date June 16, 2008;Amended by Amended Ord. 09-008, Feb. 25, 2009, Eff date March 15, 2009; Amended by Ord. 10-113, Dec. 15, 2010, Eff date Dec. 27, 2010; Amended by Ord. 11-047, July 27, 2011, Eff date August 7, 2011; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014).

2.10.020 Assessor functions.

Except as otherwise delegated or restricted by ordinance, the county assessor shall have all the powers, authorities and duties granted to and imposed upon an assessor by state law; provided however, that the County Council shall not authorize any cancellation, correction, petition or claim brought pursuant to chapter 84.48 RCW, or chapter 84.68 RCW, or chapter 84.69 RCW, or any part thereof, for more than three years preceding the year in which the error is discovered or after the due date of the payment sought to be refunded.

(Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001; Amended by Ord. 17-005, Feb. 8, 2017, Eff date Feb. 19, 2017).

2.10.030 Sheriff functions.

Except as otherwise delegated or restricted by ordinance, the county sheriff shall have all the powers, authorities and duties granted to and imposed upon a sheriff by state law.

(Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001).

2.10.035 Sheriff’s fees established.

As authorized by RCW 36.18.040(3), the sheriff shall collect the following fees for official services:

(1) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location, thirty dollars, and on two or more defendants at the same residence, forty dollars, besides mileage;

(2) For making a return, besides mileage actually traveled, twenty-three dollars;

(3) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, sixty-seven dollars per hour;

(4) For filing a copy of a writ of attachment or writ of execution with auditor, twenty dollars plus auditor’s filing fee;

(5) For serving a writ of possession or restitution without aid of the county, besides mileage, forty-six dollars;

(6) For serving a writ of possession or restitution with aid of the county, besides mileage, eighty-seven dollars plus sixty-seven dollars for each hour after one hour;

(7) For serving an arrest warrant in any action or proceeding, besides mileage, sixty-seven dollars;

(8) For executing any other writ or process in a civil action or proceeding, besides mileage, sixty-seven dollars per hour;

(9) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, fifty cents per mile with a ten dollar minimum mileage charge;

(10) For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser, sixty-seven dollars;

(11) For making copies of papers when sufficient copies are not furnished, two dollars for first page and one dollar per each additional page;

(12) For the service of any other document and supporting papers for which no other fee is provided for herein, forty-six dollars;

(13) For posting a notice of sale, or postponement, fifteen dollars besides mileage;

(14) For certificate or bill of sale of property, or certificate of redemption, sixty-seven dollars;

(15) For conducting a sale of property, sixty-seven dollars per hour spent at a sheriff’s sale;

(16) For notarizing documents, seven dollars and fifty cents for each document;

(17) For fingerprinting for non-criminal purposes, ten dollars for each person for up to two sets, three dollars for each additional set;

(18) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage;

(19) For an internal criminal history records check, ten dollars;

(20) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time.

(Added Ord. 04-112, November 22, 2004, Eff date Jan. 1, 2005)

2.10.040 Clerk functions.

Except as otherwise delegated or restricted by ordinance, the county clerk shall have all the powers, authorities and duties granted to and imposed upon a county clerk by state law.

(Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001).

2.10.050 Auditor authority and functions.

(1) Except as otherwise delegated or restricted by ordinance, the county auditor shall have all the powers, authorities and duties granted to and imposed upon an auditor by state law. The auditor’s powers, authority and duties shall include, but not be limited to, the following:

(a) All powers and duties with respect to conducting, supervising, or engaging in elections and recalls;

(b) All powers and duties with respect to formation, incorporation, canvassing, verifications, boundary determinations, reorganization, dissolution, disincorporation or any other power or duty pertaining to cities, towns or other municipal corporations as set forth in statute or code, and not associated with the receipt or disbursement of funds;

(c) All powers and duties with respect to the receiving, filing or recording documents of any sort and the taking of acknowledgements;

(d) All powers and duties associated with the installation, maintenance and operation of a document recording system and the establishment of procedures for copying, preserving and indexing documents recorded with the county;

(e) All functions with respect to marriage licensing and certificates as provided in chapter 26.04 RCW;

(f) All functions with respect to vehicle registrations, titles and licensing as provided in Title 46 RCW, including the approval and execution of contracts related thereto, subject to appropriate action by the state;

(g) All other license functions of the county acting as an agent of the state;

(h) All functions with respect to general licensing provisions as provided in Title 6 SCC; and

(i) All functions of the animal control authority and licensing authority as provided in Title 9 SCC.

(2) The powers and duties set forth in statute that are to be performed by the auditor but which are related to financial functions shall be the responsibility of the department of finance as provided by SCC 2.100.070, unless otherwise expressly assigned and authorized by county code.

(3) The auditor shall have the authority to negotiate and approve contracts and contract amendments related to elections and voter registration; provided, the county council has appropriated such funds for such contracts and contract amendments; and provided further, that the county auditor shall annually prepare an itemized estimate of elections and voter registration related contracts. The itemized estimate of elections and voter registration related contracts shall be submitted in accordance with SCC 4.26.030.

(Added by Amended Ord. 13-008, March 13, 2013, Eff date March 24, 2013).