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Title 2
ADMINISTRATION AND PERSONNELChapters:
2.04 Mayor and Council
2.08 Council Meetings
2.12 Repealed
2.16 City Administrator
2.18 Community Development Director
2.20 City Attorney
2.24 Repealed
2.28 City Clerk
2.30 Repealed
2.32 Repealed
2.36 City Engineer
2.40 Repealed
2.44 Repealed
2.48 Municipal Court Judge
2.52 Director of Public Works
2.56 Municipal Court
2.58 Hearing Examiner
2.60 Department of Finance
2.64 Repealed
2.66 Repealed
2.68 Police Department
2.70 Reserve Police Officer System
2.72 Repealed
2.76 Emergency Management
2.80 Investment Committee
2.84 Park Commission
2.85 Salary Commission
2.86 Art Commission
2.87 Forestry Commission
2.88 Planning Commission
2.89 Design Commission
2.90 Youth Commission
2.92 Repealed
2.96 Police Department Civil Service
2.100 Personnel Policies
2.104 Repealed
2.108 Repealed
2.112 Contract Approval Authorization
2.116 Employee Recognition Program
Chapter 2.04
MAYOR AND COUNCIL1Sections:
2.04.010 Established – Composition – Terms.
2.04.020 Salary.
2.04.030 Mayor pro tempore.
2.04.040 Repealed.
2.04.010 Established – Composition – Terms.
Pursuant to chapter 35A.12 RCW, the government of the city of Sumner shall be vested in an elected mayor and an elected council consisting of seven members. The mayor and council shall be elected for four-year terms and shall serve until their successors are elected and qualified. The requisite number of councilmen shall be elected bi-annually as the terms of their predecessors expire. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes, as provided in RCW 35A.29.105. (Ord. 1227 § 1, 1983)
2.04.020 Salary.
The salary for the mayor and the city council shall henceforth be established by the Sumner salary commission as established in chapter 2.85 SMC. (Ord. 2180 § 1, 2006)
2.04.030 Mayor pro tempore.
A. At the first meeting in January, following a city council election, the members of the city council shall, by majority vote, designate one of their members as deputy mayor for a term of one year. In the event the deputy mayor vacates his/her council position, or is unable to perform the duties of deputy mayor, then the members of the city council, at the first meeting following the occurrence of the vacancy, shall by majority vote designate a deputy mayor to serve the remainder of the unexpired term of the deputy mayor.
B. In the absence or temporary disability of the mayor, the deputy mayor shall perform the duties of the mayor, except that the deputy mayor shall not have the power to appoint or remove any officer or employee, or to veto any ordinance. (Ord. 2072 § 1, 2004: Ord. 1723 § 1, 1995; Ord. 1629 §§ 1, 2, 1994)
2.04.040 Standing committees.
Repealed by Ord. 1790. (Ord. 1667 §§ 1, 2, 1995)
Chapter 2.08
COUNCIL MEETINGS2Sections:
2.08.010 Day, time and place.
2.08.010 Day, time and place.
The city council shall hold its regular meetings on the first and third Mondays of each month at the hour of 7:00 p.m., and its study sessions on the second and fourth Mondays of each month at the hour of 6:00 p.m., in the Council Chambers at the City Hall, located at 1104 Maple Street, Sumner, WA; provided, however, that if said Monday should be a legal holiday, then, and in that event, the regular meeting or the study session shall be held on the following day at the same time and place. (Ord. 1796 § 1, 1997: Ord. 1746 § 1, 1996: Ord. 1668 § 1, 1995; Ord. 1637 § 1, 1994; Ord. 1633 § 1, 1994; Ord. 1372 § 1, 1986)
Chapter 2.12
OFFICERS GENERALLY(Repealed by Ord. 1877)
Chapter 2.16
CITY ADMINISTRATORSections:
2.16.010 Appointment and removal.
2.16.020 General responsibility.
2.16.030 Duties.
2.16.040 Salary.
2.16.050 Combination of position.
2.16.055 Exclusive employment.
2.16.060 Council member ineligible.
2.16.070 Mayoral vacancy.
2.16.080 Repealed.
2.16.090 Repealed.
2.16.100 Assistant city administrator – Position established.
2.16.110 Assistant city administrator – Qualifications, duties.
2.16.120 Assistant city administrator – Salary.
2.16.010 Appointment and removal.
The office of city administrator is hereby created and established, which office shall be filled by appointment by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the city administrator’s employment agreement. The city administrator shall serve at the pleasure of the mayor. (Ord. 1889 § 1 (part), 1999: Ord. 1319 § 1, 1985)
2.16.020 General responsibility.
The city administrator shall be responsible for providing assistance to the mayor in the administration of the city government. The mayor shall conduct an annual performance review and evaluation of the city administrator. (Ord. 1520 § 1, 1991: Ord. 1319 § 2, 1985)
2.16.030 Duties.
The specific duties, powers, and responsibilities of the city administrator, all subject to the direction, the supervision, and the authority of the mayor, shall be as follows:
A. To coordinate the activities and functions of the various city offices, departments, commissions, and boards in carrying out the required mandates of city ordinances and the policies of the mayor and the city council;
B. To administer and to supervise the carrying out of decisions, regulations, and policies of the various city departments, commissions, and boards; provided, that nothing herein shall be construed to abridge or to limit the responsibilities or authority of a civil service commission relative to uniformed personnel;
C. To report regularly to the mayor and the city council concerning the status of all assignments, duties, projects, and functions of the various city offices, departments, commissions, and boards;
D. To serve as personnel officer for the city. The principal duty as personnel officer shall include, subject to the approval of the mayor, the hiring of and the discharge of all city employees except the following:
1. Those employees and officers required by state law or city ordinance to be appointed by the mayor or elected by the voters of the city, and
2. City personnel who might be subject to all applicable civil service laws, ordinances, or regulations;
E. To supervise all purchasing by the various city officers, departments, commissions, and boards, for the purpose of keeping the same within the limitation of the annual budget and any long-range planning projected for the city;
F. To assist the mayor and the city council generally in conducting all the city’s business, to perform such other duties, and to assume such other responsibilities as the mayor shall direct and as may be required by ordinances and resolutions passed by the city council;
G. To maintain a current capital improvements program based on long-range plans and policies developed by the city;
H. To analyze all facets of proposed capital expenditures in order to facilitate the decisions of the mayor and the city council;
I. To assist each department in ascertaining whether or not all city departments are adequately and properly manned and organized in order to carry out their functions;
J. To represent the city at meetings with other governmental units, agencies, commissions, and associations as directed by the mayor;
K. To be informed about and to remain cognizant of federal and state grant and loan opportunities that could be of pecuniary value to the city, and to alert the proper city officials to any opportunities for taking advantage of federal and state grants which could benefit the city;
L. To coordinate and work with all other municipal corporations;
M. To prepare and submit to the mayor the preliminary and annual budget and to administer the budget after its adoption;
N. To attend all regular and special council and committee meetings. (Ord. 1889 § 1 (part), 1999; Ord. 1319 § 3, 1985)
2.16.040 Salary.
The salary of the city administrator shall be the amount established by the city council in the annual budget. (Ord. 1520 § 2, 1991: Ord. 1319 § 4, 1985)
2.16.050 Combination of position.
The office of city administrator may be combined with any other appointive position in the city; provided, that when combined, the compensation shall be fixed by the city council for the combined office and shall not necessarily be the total of the compensation fixed for each office individually. (Ord. 1319 § 5, 1985)
2.16.055 Exclusive employment.
The city administrator shall work exclusively for the city and shall not be allowed to work for any other municipality during his/her term as city administrator. (Ord. 1520 § 5, 1991)
2.16.060 Council member ineligible.
No person elected to membership on the city council shall, subsequent to such election, be eligible for the appointment of city administrator until one year has elapsed following the expiration of the last term for which he/she was elected. (Ord. 1319 § 6, 1985)
2.16.070 Mayoral vacancy.
In the event a vacancy occurs in the office of mayor, the city administrator shall report directly to the mayor pro tem. (Ord. 1520 § 3, 1991: Ord. 1319 § 7, 1985)
2.16.080 Contract – Residency requirement.
Repealed by Ord. 1972. (Ord. 1520 § 4, 1991: Ord. 1319 § 8, 1985)
2.16.090 Qualifications.
Repealed by Ord. 1972. (Ord. 1319 § 9, 1985)
2.16.100 Assistant city administrator – Position established.
The position of assistant city administrator is hereby created and established. An assistant city administrator shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the assistant city administrator’s employment agreement. (Ord. 1972 § 1, 2001: Ord. 1889 § 2 (part), 1999: Ord. 1727 § 1, 1995)
2.16.110 Assistant city administrator – Qualifications, duties.
The qualifications and duties of an assistant city administrator shall be established by the city council. (Ord. 1972 § 2, 2001: Ord. 1889 § 2 (part), 1999: Ord. 1727 § 2, 1995)
2.16.120 Assistant city administrator – Salary.
The salary of an assistant city administrator shall be established by the city council in an employment agreement executed between the city and the assistant city administrator. (Ord. 1972 § 3, 2001: Ord. 1727 § 3, 1995)
Chapter 2.18
COMMUNITY DEVELOPMENT DIRECTORSections:
2.18.010 Position established.
2.18.020 Qualifications, duties.
2.18.030 Salary.
2.18.010 Position established.
The position of community development director is hereby created and established. The position of community development director shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the community development director’s employment agreement. (Ord. 1889 § 3 (part), 1999: Ord. 1728 § 1, 1995)
2.18.020 Qualifications, duties.
The qualifications and duties of the community development director shall be established by the city council. (Ord. 1889 § 3 (part), 1999: Ord. 1728 § 2, 1995)
2.18.030 Salary.
The salary of the community development director shall be the amount established by the city council in an employment agreement executed between the city and the community development director. (Ord. 1728 § 3, 1995)
Chapter 2.20
CITY ATTORNEY3Sections:
2.20.010 Position established.
2.20.020 Duties.
2.20.030 Compensation.
2.20.040 Assistant city attorney.
2.20.010 Position established.
The position of city attorney is hereby created and established. The city attorney shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the city attorney’s employment agreement. The person appointed as city attorney shall be a citizen of the United States of America and of the state of Washington, and be an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 1889 § 4 (part), 1999: Ord. 1726 § 1, 1995)
2.20.020 Duties.
The city attorney shall advise the city authorities and officials in all legal matters pertaining to the business of the city and shall approve all ordinances and resolutions as to form. He/she shall represent the city in all actions brought by or against the city or against city officials in their official capacity. He/she shall perform such other duties as the city council may direct. (Ord. 1889 § 4 (part), 1999: Ord. 1726 § 2, 1995)
2.20.030 Compensation.
The city attorney shall receive as compensation for his/her services an amount as established within an employment agreement or a contract for legal services executed between the city and the city attorney. (Ord. 1973 § 1, 2001: Ord. 1726 § 3, 1995)
2.20.040 Assistant city attorney.
The city attorney shall have the authority to hire an assistant city attorney, who shall be approved by the mayor. An assistant city attorney shall receive as compensation for services the amount established by the city council in the annual budget. (Ord. 1973 § 2, 2001: Ord. 1726 § 4, 1995)
Chapter 2.24
BUILDING OFFICIAL/PLANNER4(Repealed by Ord. 1731)
Chapter 2.28
CITY CLERKSections:
2.28.010 Established.
2.28.020 Duties.
2.28.030 Deputy – Position established.
2.28.040 Deputy – Duties.
2.28.050 Compensation.
2.28.010 Established.
The position of city clerk is established and shall be appointed by the mayor. (Ord. 1889 § 5, 1999: Ord. 1423 § 1, 1989)
2.28.020 Duties.
The duties of the city clerk shall consist of those duties as set forth in RCW 35A.42.040. In addition, the city clerk shall perform such duties as may be delegated by the city administrator or the mayor. (Ord. 1423 § 2, 1989)
2.28.030 Deputy – Position established.
The position of deputy city clerk is established and shall be appointed by the city administrator with approval by the mayor. (Ord. 1423 § 3, 1989)
2.28.040 Deputy – Duties.
The deputy city clerk shall perform the duties of the city clerk in the absence of the city clerk and shall have the same power and authority as the city clerk. (Ord. 1423 § 4, 1989)
2.28.050 Compensation.
The city clerk and the deputy city clerk shall receive as compensation for their services the amount established by the city council in the annual budget. (Ord. 1423 § 5, 1989)
Chapter 2.30
CITY TREASURER(Repealed by Ord. 1974)
Chapter 2.32
CEMETERY CLERK(Repealed by Ord. 1975)
Chapter 2.36
CITY ENGINEERSections:
2.36.010 Established – Appointment.
2.36.020 Duties.
2.36.030 Repealed.
2.36.010 Established – Appointment.
The position of city engineer is hereby created and established. The position of city engineer shall be filled by appointment by the public works director. (Ord. 1976 § 1, 2001: Ord. 1889 § 8, 1999: Ord. 1724 § 1, 1995: Ord. 763 § 1, 1964. Prior code § 1.09.010)
2.36.020 Duties.
The duties of the city engineer shall consist of the following:
A. Provide for the preparation of all estimates, plans, and specifications for all public construction projects;
B. Check and maintain a suitable file and record of all official maps, plats, surveys and construction projects;
C. Establish and maintain all monuments and bench marks;
D. Prepare all property descriptions and arrange for the acquisition of all street rights-of-way by dedication, purchase or condemnation;
E. Negotiate with property owners, prepare cost estimates and assessment rolls for all local improvement district projects;
F. Maintain a file of suitable projects for the city, estimate and design for such contemplated future work as directed;
G. Perform such other duties as the city council may direct. (Ord. 763 § 3, 1964. Prior code § 1.09.030)
2.36.030 Fee for services.
Repealed by Ord. 1976. (Ord. 894 §§ 1, 2, 1969. Prior code § 1.09.040)
Chapter 2.40
HEALTH OFFICER5(Repealed by Ord. 1731)
Chapter 2.44
CITY LIBRARIAN6(Repealed by Ord. 1731)
Chapter 2.48
MUNICIPAL COURT JUDGE7Sections:
2.48.010 Position established.
2.48.020 Municipal court judge pro tempore.
2.48.030 Compensation.
2.48.010 Position established.
The position of municipal court judge is hereby created and established. The municipal court judge shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the municipal court judge’s employment agreement. The term of office shall be four years, as provided in RCW 3.50.040. The person appointed as municipal court judge shall be a citizen of the United States of America and of the state of Washington, and be an attorney admitted to practice law before the courts of record of the state of Washington. (Ord. 1889 § 9 (part), 1999: Ord. 1725 § 1, 1995)
2.48.020 Municipal court judge pro tempore.
The position of municipal court judge pro tempore is hereby created and established. The municipal court judge shall appoint one or more persons as a municipal court judge pro tempore. The person so appointed as a municipal court judge pro tempore shall be a citizen of the United States of America and of the state of Washington, and be an attorney admitted to practice law before the courts of record of the state of Washington. A municipal court judge pro tempore, while so acting, shall have all of the powers of the municipal court judge. (Ord. 1925 § 1, 2000: Ord. 1889 § 9 (part), 1999: Ord. 1725 § 2, 1995)
2.48.030 Compensation.
The municipal court judge and municipal court judge pro tempore shall receive as compensation for their services an amount as established within an employment agreement executed between the city and the municipal court judge. (Ord. 1725 § 3, 1995)
Chapter 2.52
DIRECTOR OF PUBLIC WORKSSections:
2.52.010 Established – Appointment.
2.52.020 Duties.
2.52.030 Responsibility to city administrator.
2.52.040 Compensation.
2.52.010 Established – Appointment.
The position of director of public works is created and established. The director of public works shall be appointed by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council and approval of the director of public works’ employment agreement. (Ord. 1979 § 1, 2001: Ord. 1889 § 10, 1999: Ord. 1398 § 1, 1987)
2.52.020 Duties.
The duties of the director of public works shall be as follows:
A. Serve as the department head of the engineering department, sewage treatment plant, street department, water department and parks department;
B. Plan, organize, direct and control functions of each of the departments specified in subsection A of this section;
C. Prepare budgets for all departments under his supervision;
D. Develop and implement policies, procedures and practices to provide services in engineering, equipment maintenance, street and storm drainage maintenance, traffic control and water and sewer treatment;
E. Make all recommendations directly to the city administrator as to the hiring or discharging of personnel in all of the departments under his supervision;
F. Perform such other duties as the city administrator may direct. (Ord. 1398 § 28, 1987)
2.52.030 Responsibility to city administrator.
The director of public works shall be directly responsible to the city administrator for carrying out the duties described in SMC 2.52.020. (Ord. 1398 § 29, 1987)
2.52.040 Compensation.
The compensation to be paid to the director of public works shall be fixed by the city council in the yearly budget. (Ord. 1398 § 3, 1987)
Chapter 2.56
MUNICIPAL COURTSections:
2.56.010 Established.
2.56.020 Powers and jurisdiction.
2.56.030 Practice and procedure.
2.56.010 Established.
There is established an inferior court to be entitled “the municipal court of Sumner.” (Ord. 705 § 1, 1961. Prior code § 1.13.010)
2.56.020 Powers and jurisdiction.
The municipal court of Sumner shall have the jurisdiction and shall exercise all the powers declared to be vested in this court by Washington State Session Laws of 1961, Chapter 299, Sections 50 to 96 inclusive, codified as chapter 3.50 RCW, together with such other powers and jurisdiction generally conferred in the state, either by common law or by express statute, upon the court. (Ord. 705 § 2, 1961. Prior code § 1.13.020)
2.56.030 Practice and procedure.
The court practice and procedure, codified as chapter 3.50 RCW, are adopted as the practice and procedure for the municipal court of Sumner. (Ord. 1980 § 1, 2001: Ord. 705 § 3, 1961. Prior code § 1.13.030)
Chapter 2.58
HEARING EXAMINERSections:
2.58.010 Short title.
2.58.020 Purpose.
2.58.030 Office created.
2.58.040 Appointment – Term.
2.58.050 Compensation.
2.58.060 Qualifications.
2.58.070 Examiner pro tem – Qualifications and duties.
2.58.080 Conflict of interest.
2.58.090 Unlawful to attempt improper influence.
2.58.095 Powers.
2.58.100 Duties.
2.58.105 Repealed.
2.58.110 Repealed.
2.58.120 Repealed.
2.58.130 Repealed.
2.58.140 Repealed.
2.58.150 Reconsideration of decision.
2.58.160 Decision final.
2.58.170 Repealed.
2.58.180 City administrative staff considered person or party.
2.58.010 Short title.
This chapter shall be hereinafter known as the “hearing examiner ordinance” and may be cited as such, and shall be hereinafter referred to as “this chapter.” (Ord. 1512 § 1, 1991)
2.58.020 Purpose.
It is the general objective of this chapter to:
A. Provide an efficient, impartial and fair administrative hearing system;
B. Render land use regulatory decisions and recommendations to the city council;
C. Provide a greater degree of due process in regulatory and other administrative hearings; and
D. Separate the land use policy formulation and the land use policy administration processes. (Ord. 1836 § 1, 1998: Ord. 1512 § 2, 1991)
2.58.030 Office created.
The office the hearing examiner, hereinafter referred to as examiner, is created. The examiner shall interpret, review, and implement ordinances, policies and regulations as provided in this chapter and other ordinances. The term “examiner” shall likewise include the term “examiner pro tem” as appointed and confirmed. (Ord. 1836 § 2, 1998: Ord. 1512 § 3, 1991)
2.58.040 Appointment – Term.
The hearing examiner shall be appointed by the mayor or city administrator through an agreement approved by the city council. (Ord. 1836 § 3, 1998: Ord. 1512 § 4, 1991)
2.58.050 Compensation.
The examiner may, at the discretion of the city council, be classified as a permanent part-time employee, or the city may contract with the examiner for the performance of duties described in this chapter. The compensation to be paid the examiner and examiner pro tem shall be established in the annual city budget. (Ord. 1836 § 4, 1998: Ord. 1512 § 5, 1991)
2.58.060 Qualifications.
The examiner shall be appointed solely with regard to his or her qualifications for the duties of the office which shall include, but not be limited to, persons with appropriate educational experience, such as urban planner or public administrator, with at least five years’ experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, participating where the experience is in the area of land use management and administrative law. (Ord. 1836 § 5, 1998: Ord. 1512 § 6, 1991)
2.58.070 Examiner pro tem – Qualifications and duties.
The examiner pro tem shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. The examiner pro tem shall be similarly qualified as the examiner. (Ord. 1836 § 6, 1998: Ord. 1512 § 7, 1991)
2.58.080 Conflict of interest.
A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his or her decisionmaking process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
B. Participants in the land use regulatory process and other administrative hearing matters have the right, insofar as possible, to have the examiner free from personal interest or prehearing contacts on matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. In such personal or prehearing matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. (Ord. 1981 § 1, 2001: Ord. 1836 § 7, 1998: Ord. 1512 § 8, 1991)
2.58.090 Unlawful to attempt improper influence.
No city council member, city official, or any other person shall attempt to interfere with or improperly influence the examiner in the performance of his or her designated duties. (Ord. 1836 § 8, 1998: Ord. 1512 § 9, 1991)
2.58.095 Powers.
A. In the performance of duties prescribed by this chapter or other ordinances, the examiner may:
1. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and oral depositions pursuant to rules promulgated by the agency; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;
2. Upon the request of an agency or any party, or upon his own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession and under the control of any witness; provided, that any such subpoena shall state the name and address of the witness sought, and, if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;
3. Regulate the course of the hearing in accordance with agency rules and this chapter and other applicable ordinances;
4. Hold conferences for the settlement or simplification of the issues by consent of the parties;
5. Dispose of procedural requests or similar matters;
6. Make decisions or recommendations in accordance with SMC 2.58.100; and
7. Take any other action authorized by ordinance or agency rule consistent therewith.
B. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records of other information in his possession and under his control, the examiner may invoke the aid of the city attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena. (Ord. 1981 § 2, 2001: Ord. 1836 § 9, 1998)
2.58.100 Duties.
The examiner shall receive and examine available information, conduct public hearings, prepare record thereof, and enter findings of fact and conclusions based upon those facts in the following matters:
A. Open record appeals pursuant to SMC 18.56.170.
B. Open record predecision hearings pursuant to SMC 18.56.175.
C. Appeals from the denial, revocation, and suspension of various business licenses and decisions pursuant to SMC 5.04.150.
D. All other appeals, hearings and interpretations where the examiner retains authority pursuant to other ordinances. (Ord. 1981 § 3, 2001: Ord. 1867 § 1, 1999: Ord. 1836 § 10, 1998: Ord. 1512 § 10, 1991)
2.58.105 Additional duties.
Repealed by Ord. 1836. (Ord. 1662 § 1, 1994)
2.58.110 Application – Presentation.
Repealed by Ord. 1836. (Ord. 1512 § 11, 1991)
2.58.120 Application – Department of community development report.
Repealed by Ord. 1836. (Ord. 1512 § 12, 1991)
2.58.130 Public hearing.
Repealed by Ord. 1836. (Ord. 1512 § 13, 1991)
2.58.140 Decision and recommendation – Findings required.
Repealed by Ord. 1836. (Ord. 1512 § 14, 1991)
2.58.150 Reconsideration of decision.
Where no other provisions for reconsideration are provided in other applicable ordinances, any aggrieved person feeling that the decision of the examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the examiner within 15 days of the date the decision is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the examiner may, after review of the record, take further action as he or she deems proper. (Ord. 1836 § 11, 1998: Ord. 1512 § 15, 1991)
2.58.160 Decision final.
Unless provided for specifically in another applicable ordinance, the decision of the hearing examiner shall be the final administrative decision of the city. (Ord. 1836 § 12, 1998: Ord. 1512 § 16, 1991)
2.58.170 Council action on application.
Repealed by Ord. 1836. (Ord. 1512 § 17, 1991)
2.58.180 City administrative staff considered person or party.
In all matters before the examiner, the city’s administrative staff shall be considered a “person” and/or “party” and shall have the same rights as any other person or party to make requests for reconsideration by the hearing examiner or to appeal decisions of the examiner to the city council as so provided. (Ord. 1836 § 13, 1998: Ord. 1512 § 18, 1991)
Chapter 2.60
DEPARTMENT OF FINANCESections:
2.60.010 Established – Responsibility.
2.60.020 Director – Appointment.
2.60.030 Director – Duties.
2.60.040 Repealed.
2.60.050 Director – Compensation.
2.60.010 Established – Responsibility.
A department of finance is created which shall be responsible for the general supervision over the financial affairs of the city. (Ord. 1212 § 1, 1983)
2.60.020 Director – Appointment.
The functions of the department of finance shall be executed under the supervision and control of the finance and systems director. The finance and systems director shall be appointed for an indefinite term by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the finance and systems director’s employment agreement. The finance and systems director shall serve at the pleasure of the mayor. (Ord. 1983 § 1, 2001: Ord. 1889 § 11, 1999: Ord. 1212 § 2, 1983)
2.60.030 Director – Duties.
The duties of the finance and systems director are as follows:
A. The finance and systems director shall be the chief financial officer of the city;
B. In all cases where the fiscal affairs of the city are not expressly or otherwise charged by the laws of the state to another department or office, the finance and systems director shall have control and supervision over such fiscal affairs and shall act to promote, secure and preserve the financial interests of the city;
C. The finance and systems director shall serve as the chief financial advisor 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;
D. The finance and systems director shall be responsible for all financial matters and for the administration of all department of finance matters. (Ord. 1983 § 2, 2001: Ord. 1889 § 12, 1999: Ord. 1294 § 1, 1985: Ord. 1212 § 3, 1983)
2.60.040 Director – Oath or affirmation and bond.
Repealed by Ord. 1983. (Ord. 1212 § 4, 1983)
2.60.050 Director – Compensation.
The finance and systems director shall receive as compensation for his or her services the amount established by the city council in the annual budget. (Ord. 1983 § 3, 2001: Ord. 1212 § 5, 1983)
Chapter 2.64
FIRE DEPARTMENT(Repealed by Ord. 2200)
Chapter 2.66
HAZARDOUS MATERIALS COMMAND AGENCY(Repealed by Ord. 2200)
Chapter 2.68
POLICE DEPARTMENTSections:
2.68.010 Chief of police.
2.68.020 Lieutenant of police.
2.68.030 Sergeant of police.
2.68.040 Police officer.
2.68.050 Commissions.
2.68.060 Repealed.
2.68.070 Compensation.
2.68.080 Repealed.
2.68.010 Chief of police.
A. There is hereby created in the police department the position of chief of police. The chief of police shall be appointed by the mayor, subject to confirmation by a majority vote of the members of the city council and approval of the police chief’s employment agreement after certification by the civil service commission. The chief of police shall be the head of the police force of the city, and all police officers shall be under his immediate direction and command. The salary of the police chief shall be the amount established by the city council through an employment agreement executed between the city and the chief of police and, thereafter, as set forth in the city budget.
B. All police officers shall while in office be considered the deputies of the chief of police, and shall have the same power as the chief of police in regard to the execution and service of process, and arresting offenders, with or without warrants, within the city limits.
C. Duties. The duties of the chief of police shall consist of those duties set forth in RCW 35.24.160 and this section. The chief of police must execute all process issued by the police judge. The chief shall make arrests for breach of the peace, for commission of crime or misdemeanor, with or without warrant, as a peace officer may do under the laws of the state of Washington. The chief shall perform such other duties and have such other powers as shall be provided by ordinance. (Ord. 1985 § 1, 2001: Ord. 1889 § 15, 1999: Ord. 1729 § 1, 1995; Ord. 773 § 11, 1965: Ord. 757 § 1, 1964. Prior code §§ 1.12.120, 1.17.005)
2.68.020 Lieutenant of police.
There is created in the police department the position of lieutenant of police. The duties of the lieutenant of police shall be to assist the chief of police in the operation of the police department. He shall perform such specific duties as from time to time may be ordered and directed by the chief of police to effect efficient operation and to increase efficiency of the police department. He shall be subordinate to the chief of police and shall in his absence perform the duties of the chief of police. (Ord. 757 § 3, 1964; Ord. 674 § 1, 1960. Prior code § 1.17.010)
2.68.030 Sergeant of police.
There is created in the police department the position of sergeant of police. The sergeant of police shall have immediate charge and supervision of the police officers and shall perform the duties of a police officer when so assigned. The police sergeant shall dispense information to the public and assist the chief of police and the lieutenant of police in the operation of the police department. The police sergeant shall be subordinate to the chief of police and lieutenant of police, and shall perform the duties of the lieutenant of police in the absence of the lieutenant of police. (Ord. 1477 § 1, 1990: Ord. 757 § 3, 1964. Prior code § 1.17.015)
2.68.040 Police officer.
There is created in the police department the position of police officer. The duties of the police officer shall be to prevent crime and apprehend criminals, to enforce laws, ordinances and regulations, to guard property, to control traffic and to perform other incidental and investigational or regulative duties incident to the operation and safety of persons and property. They shall perform such other specific duties as directed. (Ord. 1985 § 2, 2001: Ord. 1477 § 2, 1990: Ord. 757 § 4, 1964. Prior code § 1.17.017)
2.68.050 Commissions.
The chief of police is authorized to issue the following commissions of law enforcement authority:
A. Full commissions shall be issued to all general authority police officers in the police department who are employed on a full-time, fully compensated basis.
B. In the event the city employs officers to enforce parking, animal control, and nuisance laws, limited commissions shall be issued to such officers who are employed on a permanent compensated basis. Said commissions shall authorize such officers to enforce the parking, animal control, and nuisance laws of the city.
C. In the event the city employs custody officers, limited commissions shall be issued to such custody officers authorizing them to enforce all criminal laws relevant to the safe and secure operation of the city jail and the control of prisoners. Said commissions shall be effective only during the hours that a custody officer is on duty for the city.
D. Reserve commissions shall be issued to reserve officers as defined in chapter 2.70 SMC.
E. Special commissions may be issued to peace officers of other jurisdictions pursuant to chapter 10.93 RCW. (Ord. 2139 § 1, 2005)
2.68.060 Appointment.
Repealed by Ord. 1889. (Ord. 1477 § 4, 1990: Ord. 757 (part), 1964. Prior code § 1.17.020)
2.68.070 Compensation.
The compensation to be paid to the individuals so appointed shall be fixed by the city council in the yearly budget adopted by them. (Ord. 757 (part), 1964. Prior code § 1.17.030)
2.68.080 Holding facility standards.
Repealed by Ord. 1985. (Ord. 1409 § 1, 1987)
Chapter 2.70
RESERVE POLICE OFFICER SYSTEMSections:
2.70.010 Program created – Appointment.
2.70.020 Qualifications.
2.70.030 Training.
2.70.040 Authority.
2.70.050 Compensation and equipment.
2.70.060 Exempted from certain benefits, privileges or rights.
2.70.070 Service and termination.
2.70.010 Program created – Appointment.
There is authorized and created a reserve police officer system in and for the city. All reserve police officers shall be appointed by the chief of police and confirmed by the mayor and, when so appointed, shall serve under his supervision and direction. (Ord. 1889 § 16 (part), 1999: Ord. 1709 § 1, 1995)
2.70.020 Qualifications.
All candidates for the reserve officer program must be U.S. citizens and be able to read and write the English language, be 21 years of age, and have a current and valid Washington State driver’s license. (Ord. 1709 § 2, 1995)
2.70.030 Training.
The chief of police shall establish and supervise a training program. Every candidate for appointment as a reserve police officer shall satisfactorily complete the training program prior to appointment; provided, that the chief of police may waive the program if the candidate’s prior training or experience in the field of law enforcement adequately qualifies the candidate to serve as a reserve police officer. (Ord. 1989 § 1, 2001: Ord. 1889 § 16 (part), 1999: Ord. 1709 § 3, 1995)
2.70.040 Authority.
All reserve officers upon appointment shall be issued a special commission by the mayor. Upon appointment and while performing assigned duty, a reserve police officer shall have the authority to issue citations, to make arrests, as permitted by law within the city, and to take into custody any person who commits, in the presence of the reserve police officer or within his view, any breach of the peace or offense prohibited by the laws of the state or by ordinances of the city and to summon aid and exercise all other powers necessary and requisite for the prevention of disorders or the apprehension of offenders. (Ord. 1889 § 16 (part), 1999: Ord. 1709 § 4, 1995)
2.70.050 Compensation and equipment.
Reserve police officers shall not be compensated for their services, but may, in the discretion of the city, be provided by the police department with uniforms, badges and equipment suitable for the performance of their duties, and may receive training and instruction from regular officers of the police department. Reserve police officers badges shall be so designed, shaped and worded as to be readily distinguishable from badges worn by regular police officers. (Ord. 1709 § 5, 1995)
2.70.060 Exempted from certain benefits, privileges or rights.
No reserve police officer shall be entitled to the benefits, privileges or rights conferred by chapter 2.96 SMC, establishing a civil service system; by the Washington Law Enforcement Officers and Fire Fighters Retirement System; by any collective bargaining agreement hereafter entered into by the city and any bargaining unit representing city employees; or by any contracts now in effect or hereafter established providing benefits of any kind for regularly employed city officers and employees; with the exception that reserve police officers shall be covered under State Industrial Insurance under the same classification as all regular officers. (Ord. 1709 § 6, 1995)
2.70.070 Service and termination.
All reserve police officers shall serve at the pleasure of the chief of police as approved by the mayor, and may be removed from, terminated by or dismissed from service without cause or reason. All uniforms, equipment, badges or other city property delivered to or used by a reserve police officer shall remain property of the city and shall be immediately restored to the city at the termination of the reserve police officer’s appointment. (Ord. 1889 § 16 (part), 1999: Ord. 1709 § 7, 1995)
Chapter 2.72
CEMETERY ADVISORY COMMITTEE(Repealed by Ord. 1920)
Chapter 2.76
EMERGENCY MANAGEMENT10Sections:
2.76.010 Purpose.
2.76.020 Emergency management policy.
2.76.030 Definitions.
2.76.040 Emergency management plan.
2.76.050 Emergency management program.
2.76.060 Administrator of emergency management – Powers and duties.
2.76.070 Disaster and emergency powers of the mayor.
2.76.080 Function and duties of divisions and employees.
2.76.090 Administrator of emergency management – Additional powers and duties.
2.76.100 Liability limited.
2.76.110 Violation – Penalty.
2.76.010 Purpose.
The declared purposes of this chapter are to provide for the preparation, and carrying out of plans for emergency mitigation, preparedness, response and recovery for persons and property within the city in the event of an emergency or disaster, and to provide for the coordination of the emergency functions and services of the city with other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 1, 1993)
2.76.020 Emergency management policy.
It shall be the policy of the city to make effective preparation and use of manpower, resources and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies by their very nature, may disrupt or destroy existing systems and capabilities of the city to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be self-sufficient for up to 72 hours should an emergency or disaster occur, including provisions for food, water, shelter and basic medication. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 2, 1993)
2.76.030 Definitions.
As used in this chapter:
A. “Administrator” means the administrator of emergency management for the city. The administrator of emergency management for the city is the city administrator.
B. “Director” means the director of emergency management for the city. The fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) is the director of emergency management for the city.
C. “Emergency disaster” means an event or set of circumstances which (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the city council proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local and state statute.
D. “Emergency management” means the preparation to carry out all emergency functions, other than functions for which the military forces are normally responsible, to mitigate, prepare for and recover from emergencies and disasters and aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. It shall not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.
E. “Emergency management organization” means the functions and duties of divisions and employees as defined in SMC 2.76.080. (Ord. 2200 § 2, 2007; Ord. 2036 § 1 (part), 2003: Ord. 1593 § 3, 1993)
2.76.040 Emergency management plan.
The emergency plan prepared by the fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) and promulgated by the mayor and adopted by the city council shall be the official emergency management plan of the city. The fire chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue) shall file a copy of said plan in the office of the city clerk and distribute copies to appropriate city agencies. (Ord. 2200 § 3, 2007: Ord. 2036 § 1 (part), 2003: Ord. 1593 § 4, 1993)
2.76.050 Emergency management program.
The emergency management program of the city is created and shall be comprised of:
A. The administrator, who shall have direct responsibility for the organization, administration and operation of the emergency management program for the city and direct responsibility for the emergency operations of departments of the administrative branch of government. The administrator shall be appointed by the mayor;
B. Compensated members of the emergency management organization;
C. Volunteer members of the emergency management organization;
D. Such advisory committees as may be appointed by the administrator;
E. The city may form and develop its own emergency management operation/program, or may contract pursuant to chapter 39.34 RCW for emergency management services with another political subdivision which does have an approved emergency management program in accordance with chapter 38.52 RCW. (Ord. 2036 § 1 (part), 2003: Ord. 1889 § 17 (part), 1999: Ord. 1593 § 5, 1993)
2.76.060 Administrator of emergency management – Powers and duties.
A. To request the city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the city council is in session, or to issue such proclamation, if the city council is not in session, subject to confirmation by the city council at the earliest practicable time;
B. To request the Governor to proclaim a state of extreme emergency when, in the opinion of the administrator, the resources of the area or region are inadequate to cope with the disaster;
C. To direct coordination and cooperation between divisions, services and staff of the departments and services of this city to carry out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them;
D. To recommend for adoption by the city council emergency management plans and mutual aid agreements. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 6, 1993)
2.76.070 Disaster and emergency powers of the mayor.
In the event of the proclamation of a disaster as herein provided or the proclamation of a state of extreme emergency by the Governor or the State Director of Emergency Management, the mayor is empowered:
A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council. If the mayor is absent then those duties are delegated to the city administrator. If the mayor and city administrator are absent then those duties will be delegated to the director of emergency management. In the absence of the director of emergency management then those duties will be delegated to the chief of police;
B. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property of the people and bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;
C. To require services of any city officer or employee, and in the event of the proclamation of a state of extreme emergency by the Governor in the region in which the city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties; such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;
D. To requisition necessary personnel or material of any city department or agency;
E. To control and direct the efforts of the emergency management organization of this city for the accomplishment of the purposes of this chapter. (Ord. 2036 § 1 (part), 2003: Ord. 1889 § 17 (part), 1999: Ord. 1593 § 7, 1993)
2.76.080 Function and duties of divisions and employees.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency or disaster and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of SMC 2.76.070 shall be charged with duties incident to the protection of life and property in this city during such emergency or disaster, shall constitute the emergency management organization of the city. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 8, 1993)
2.76.090 Administrator of emergency management – Additional powers and duties.
Concurrently with the adoption of this chapter, the administrator is empowered:
A. To act on behalf of the mayor if he/she is unable to carry out his/her duties in carrying out the purposes of this chapter or the provisions of the emergency management plan;
B. To represent the emergency management organization of the city in dealing with issues pertaining to emergency management;
C. To prepare and maintain the emergency plan of the city and manage the day-to-day responsibilities of the emergency management program activities of the city. (Ord. 2036 § 1 (part), 2003: Ord. 1889 § 17 (part), 1999: Ord. 1593 § 9, 1993)
2.76.100 Liability limited.
No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of the condition of said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof (except a willful act of misconduct), when such person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or attacks by enemies of the United States or during an emergency or disaster drill or test ordered by lawful authority. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 10, 1993)
2.76.110 Violation – Penalty.
It is a misdemeanor, punishable by a fine not to exceed $1,000, or by imprisonment for a term not to exceed 90 days, or both, for any person during a disaster to:
A. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such nature as to give, or be likely to give assistance to the enemy, or imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. (Ord. 2036 § 1 (part), 2003: Ord. 1593 § 11, 1993)
Chapter 2.80
INVESTMENT COMMITTEESections:
2.80.010 Established – Composition – Operation.
2.80.010 Established – Composition – Operation.
Pursuant to RCW 35.39.032, there is created a committee which shall consist of the mayor, the finance officer and one other councilman who shall be appointed by and serve at the pleasure of the mayor. The committee shall determine the amount of money available in each fund for investment purposes and make the investments authorized in RCW 35.39.030 and RCW 35.39.034 without the consent of the legislative authority for each investment. The finance officer and/or the committee shall make a monthly report of all investment transactions to the city council. (Ord. 1153 § 1, 1981)
Chapter 2.84
PARK COMMISSIONSections:
2.84.010 Created.
2.84.020 Members.
2.84.030 Appointment.
2.84.040 Terms.
2.84.050 Powers and duties.
2.84.010 Created.
There is created in the city a board of park commissioners to be known as the board of park commissioners of the city. (Ord. 636 § 1, 1958. Prior code § 1.15.010)
2.84.020 Members.
The board of park commissioners shall consist of five members who shall all be residents of the city. (Ord. 1889 § 18, 1999: Ord. 908 § 1, 1970: Ord. 636 § 2, 1958. Prior code § 1.15.020)
2.84.030 Appointment.
The members of the board of park commissioners shall be appointed by the mayor, upon confirmation by the city council, from citizens of recognized fitness for such position. (Ord. 1988 § 1, 2001: Ord. 636 § 3, 1958. Prior code § 1.15.030)
2.84.040 Terms.
The first commissioners shall determine by lot whose term of office shall expire each year, and a new commissioner shall be appointed annually to serve for a term of years corresponding in number to the number of commissioners in order that one term shall expire each year. (Ord. 636 § 4, 1958. Prior code § 1.15.040)
2.84.050 Powers and duties.
The board of park commissioners shall have control and supervision of all parks, cemeteries and the Sumner Meadows Golf Links belonging to the city, and shall have power to prescribe rules and regulations for the government and management thereof, which shall be subject to approval by the city council. The rules and regulations of the board of park commissioners shall be enforced by the police department of the city. (Ord. 1920 § 3, 2000: Ord. 908 § 2, 1970: Ord. 636 § 5, 1958. Prior code § 1.15.050)
Chapter 2.85
SALARY COMMISSIONSections:
2.85.010 Creation.
2.85.020 Membership.
2.85.030 Powers.
2.85.040 Referendum.
2.85.050 Meetings to be open.
2.85.010 Creation.
There is hereby created a salary commission to perform the functions identified in RCW 35.21.015. (Ord. 2160 § 2, 2005)
2.85.020 Membership.
A. The salary commission shall have three members, who shall be appointed by the mayor, with approval of the council, for five-year terms.
B. No member may be appointed to more than two terms on the salary commission.
C. Members may be removed during their terms for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.
D. No officer, official, or employee of the city or any of their immediate family members may serve as a member of the salary commission. (Ord. 2160 § 3, 2005)
2.85.030 Powers.
A. The salary commission shall set the salaries for elected officials of the city. The commission shall convene and review the salaries of the city’s elected officials once every five years, or sooner where directed to do so by a majority vote of the city council.
B. Any change in salary shall be filed by the commission with the city clerk and shall become effective and incorporated into the city budget without further action of the city council or salary commission.
C. Salary increases established by the commission shall be effective as to incumbent city elected officials, regardless of their terms in office, subject to the provisions of SMC 2.85.040.
D. Salary decreases established by the commission shall become effective as to incumbent city elected officials at the commencement of their next subsequent terms of office.
E. Commission action fixing the salaries of elected officials of the city pursuant to this chapter shall supersede any provision of any other city ordinance related to such salaries. (Ord. 2160 § 4, 2005)
2.85.040 Referendum.
A. Salary increases and decreases shall be subject to referendum petition by the people of the city in the same manner as a city ordinance upon filing of such petition with the city clerk within 30 days after filing of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people.
B. Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the general laws applicable to referendum measures. (Ord. 2160 § 5, 2005)
2.85.050 Meetings to be open.
The proceedings and actions of the salary commission shall be undertaken in compliance with the Open Public Meetings Act, chapter 42.30 RCW, as if the commission was a “governing body” as defined in that Act; provided, that notice of all meetings of the commission shall be issued pursuant to RCW 42.30.080, and the commission shall not meet in executive session. (Ord. 2160 § 6, 2005)
Chapter 2.86
ART COMMISSIONSections:
2.86.010 Title.
2.86.020 Purpose.
2.86.030 Membership.
2.86.040 Terms of office.
2.86.050 Responsibilities.
2.86.010 Title.
There is created a citizens committee to be called the Sumner arts commission. (Ord. 2037 § 1, 2003: Ord. 1915 § 1, 2000)
2.86.020 Purpose.
The mission of the Sumner arts commission is to provide leadership in promoting art appreciation and creative expression in visual, literary, cultural, and the performing arts in Sumner. The aim is to improve citizens’ quality of life through art experiences and contribute to the aesthetic environment of the city. Residents will be welcome to participate and local artists will be encouraged and supported. (Ord. 2037 § 2, 2003: Ord. 1915 § 2, 2000)
2.86.030 Membership.
The arts commission shall be composed of no fewer than five and no more than 12 voting members, at least the majority of which shall be residents of the city of Sumner. The community development director, or designee, shall serve as an additional nonvoting ex-officio member of the commission.
Members shall serve without pay and shall be appointed by the mayor with confirmation by the city council. Members shall show an interest in accomplishing the purposes of the arts commission. Membership should include people with expertise in the arts, local businesspersons, and residents. (Ord. 2037 § 3, 2003: Ord. 1915 § 3, 2000)
2.86.040 Terms of office.
Members shall serve a three-year term. In the event of a vacancy of any position, the mayor shall appoint a successor for the unexpired portion of the term with confirmation by the city council. Members may be removed by the mayor, subject to approval by the city council, for inefficiency or neglect of duty. (Ord. 2037 § 4, 2003: Ord. 1915 § 4, 2000)
2.86.050 Responsibilities.
The arts commission shall be responsible for implementing an arts strategy to accomplish the purposes of this chapter. (Ord. 1915 § 5, 2000)
Chapter 2.87
FORESTRY COMMISSIONSections:
2.87.010 Title.
2.87.020 Purpose.
2.87.030 Membership.
2.87.040 Terms of office.
2.87.050 Responsibilities.
2.87.010 Title.
There is created a citizens committee to be called the city forestry commission. (Ord. 1611 § 1, 1993)
2.87.020 Purpose.
The purposes of the commission shall be promoting the responsible planting of trees on public and private property, public education about trees, promotion of proper maintenance of trees, advocating trees within the city, and developing innovative and joint funding for projects from a variety of sources. (Ord. 1611 § 2, 1993)
2.87.030 Membership.
The city forestry commission shall be composed of seven voting members, at least four of which shall be residents of the city of Sumner. The director of public works and the community development director, or their designees, shall serve as two additional nonvoting ex officio members of the commission. Members shall serve without pay and shall be appointed by the mayor with confirmation from the city council. Members shall show an interest in accomplishing the purposes of the commission. Membership should include people with expertise in arboriculture, local business persons, utility representatives, and residents. (Ord. 1611 § 3, 1993)
2.87.040 Terms of office.
The initial appointment shall be three members to one-year terms, two members to two-year terms, and two members to three-year terms. Each appointment thereafter shall serve a three-year term. In the event of a vacancy of any position, the mayor shall appoint a successor for the unexpired portion of the term with confirmation by the city council. Members may be removed by the mayor, subject to approval by the city council, for inefficiency or neglect of duty. (Ord. 1611 § 4, 1993)
2.87.050 Responsibilities.
The city forestry commission shall be responsible for developing and implementing an urban forestry strategy to accomplish the purposes of this chapter. (Ord. 1611 § 5, 1993)
Chapter 2.88
PLANNING COMMISSIONSections:
2.88.010 Established.
2.88.015 Purpose.
2.88.020 Membership.
2.88.025 Rules and procedures.
2.88.030 Powers and duties.
2.88.010 Established.
Pursuant to RCW 35A.63.020, a planning commission is created and established. The planning commission shall serve in an advisory capacity to the city council. (Ord. 1442 § 1, 1989: Ord. 1080 § 1, 1978)
2.88.015 Purpose.
The purpose of the planning commission is to assist the city council in the implementation of the vision statement of the Sumner comprehensive plan by performing the duties established in SMC 2.88.030. (Ord. 1753 § 1, 1996)
2.88.020 Membership.
The city planning commission, created by SMC 2.88.010, shall consist of seven members to be appointed by the mayor and confirmed by the city council. The members of the planning commission shall be selected without respect to political affiliations, shall be residents of the city, and shall serve without compensation. The term of office shall be six years. Vacancies that occur, other than through the expiration of terms, shall be filled for the unexpired terms. Members may be removed for failing to comply with the commission’s bylaws after initial review and recommendation by the mayor, with final approval by the city council. (Ord. 2217 § 1, 2007: Ord. 1080 § 2, 1978)
2.88.025 Rules and procedures.
The planning commission shall adopt rules and procedures, in addition to the limitations and standards set forth by the city council and consistent therewith, for the conduct of its meetings and hearings. A copy of the adopted rules and procedures may be obtained from the city clerk. (Ord. 1753 § 2, 1996)
2.88.030 Powers and duties.
The city planning commission shall pursue such purposes and perform such duties as indicated below.
A. The planning commission shall maintain the comprehensive plan of the city by reviewing and determining if the city’s plans, goals, and policies are promoting orderly and coordinated development within the city. The planning commission shall consider applications for amendment of the plan in accordance with chapter 18.56 SMC.
B. The planning commission shall maintain the zoning ordinance of the city by reviewing and determining if the city’s regulations are promoting orderly and coordinated development with the city consistent with the Sumner comprehensive plan. The planning commission shall consider applications and proposals for legislative amendment of the zoning code in accordance with chapter 18.56 SMC.
C. The planning commission shall recommend and review other ordinances or studies regarding other development regulations, area plans, and strategies which implement the Sumner comprehensive plan.
D. The planning commission shall have such other duties and powers as conferred upon the commission by city ordinances or as directed by council resolution or motion, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. The commission shall promptly report to the council thereon, making such recommendations and giving such council as it may deem proper.
E. The planning commission shall provide opportunities for public comment. The planning commission may hold public hearings, workshops or other forums in the exercise of its duties and responsibilities as it deems necessary and as required by city ordinance or state law.
F. In exercising its duties, the planning commission shall gather and review any relevant information, and evaluate alternative proposals. (Ord. 1753 § 3, 1996: Ord. 1442 § 2, 1989: Ord. 1080 § 3, 1978)
Chapter 2.89
DESIGN COMMISSIONSections:
2.89.010 Title.
2.89.020 Purpose.
2.89.030 Membership.
2.89.040 Terms of office.
2.89.050 Responsibilities.
2.89.010 Title.
There is created an advisory committee to be called the design commission. (Ord. 1680 § 1, 1995)
2.89.020 Purpose.
The purposes of the design commission shall be to provide advice on the application of the relevant zoning regulations and the design and development guidelines; to provide advice, as requested, to the mayor, city council, and staff on issues related to design; and to advocate quality design through education, promotion, and other means, as may be appropriate. (Ord. 1680 § 2, 1995)
2.89.030 Membership.
The design commission shall be composed of seven voting members. Five of the members shall be practicing professionals within the fields of architecture, planning, civil engineering, landscape architecture, and development. Appointments shall strive to achieve as great a diversity within these fields as possible. Although it is desirable that these five members representing professions be residents of Sumner, residency is not mandatory. Two additional members of the commission shall be residents of Sumner. The members representing professions and one lay member shall be appointed by the mayor with confirmation by the city council. One lay member shall be nominated by the planning commission with confirmation by the city council. This appointment need not be a member of the planning commission. Members may be removed for failing to comply with the commission’s bylaws after initial review and recommendation by the mayor, with final approval by the city council. (Ord. 2217 § 2, 2007: Ord. 1680 § 3, 1995)
2.89.040 Terms of office.
The initial appointments shall be two members to one-year terms, three members to two-year terms, and two members to three-year terms. Each appointment thereafter shall serve a four-year term. In the event of a vacancy of any position originally appointed by the mayor, the mayor shall appoint a successor for the unexpired portion of the term with confirmation by the city council. If such vacant position was originally nominated by the planning commission, the planning commission shall appoint a successor for the unexpired portion of the term with confirmation by the city council. (Ord. 1680 § 4, 1995)
2.89.050 Responsibilities.
The responsibilities of the design commission shall be as provided for in the purpose section of this chapter. The actions of the commission shall be governed by all applicable sections of the municipal code. Until such time as the initial appointments to the design commission are completed, the director of community development shall assume the duties of the commission. (Ord. 1713 § 1, 1995: Ord. 1680 § 5, 1995)
Chapter 2.90
YOUTH ADVISORY COMMISSIONSections:
2.90.010 Title.
2.90.020 Purpose.
2.90.030 Membership.
2.90.040 Terms of office.
2.90.050 Responsibilities.
2.90.060 Staff support.
2.90.010 Title.
There is created a citizens committee to be called the Sumner youth advisory commission. (Ord. 2094 § 1, 2004: Ord. 1647 § 1, 1994)
2.90.020 Purpose.
The purpose of the commission shall be to advise the city council, mayor, other city boards and commissions, and city staff on matters affecting the young people of this community. The commission shall have the following functions and duties:
A. Establishment of a forum for meaningful open communications amongst young people;
B. Establishment of a direct communications link between the young people of the city and the city council;
C. Encouragement of full and active participation in government by the young people of this community. (Ord. 2094 § 2, 2004: Ord. 1647 § 2, 1994)
2.90.030 Membership.
The Sumner youth advisory commission shall be composed of nine voting members, all of whom shall be residents of the city of Sumner, except one who may be a nonresident of the city of Sumner residing in the Sumner School District. Voting members must be between and including the ages of 12 to 18 at the time of appointment. Members shall be appointed by the mayor and confirmed by the city council and shall serve without compensation. Adult advisors may be appointed to serve with the commission as ex-officio members in a nonvoting capacity. (Ord. 2094 § 3, 2004: Ord. 1647 § 3, 1994)
2.90.040 Terms of office.
Members shall serve one-year terms. In the event of a vacancy of any voting member position, the mayor shall appoint a successor for the unexpired portion of the term with confirmation by the city council. A member may be removed by the mayor, subject to approval by the city council, for neglect of duty. (Ord. 2094 § 4, 2004: Ord. 1647 § 4, 1994)
2.90.050 Responsibilities.
The commission shall meet at least once each month and shall be responsible to carry out the purposes of this chapter. The commission shall establish its meeting rules and procedures. (Ord. 2094 § 5, 2004: Ord. 1647 § 5, 1994)
2.90.060 Staff support.
The city administrator shall appoint staff to assist the commission in the preparation of its reports and records as necessary for operation of the commission. (Ord. 2094 § 6, 2004)
Chapter 2.92
FIRE DEPARTMENT CIVIL SERVICE(Repealed by Ord. 2200)
Chapter 2.96
POLICE DEPARTMENT
CIVIL SERVICESections:
2.96.010 System adopted.
2.96.020 Commission.
2.96.030 State law adopted.
2.96.010 System adopted.
The civil service system set forth in chapter 41.12 RCW is adopted for the police department, and all employees therein and all appointments, advancements, demotions, removals, suspensions, discharges or control thereof and of the members thereof shall be governed by the civil service rules. (Ord. 431 § 1, 1937. Prior code § 1.16.010)
2.96.020 Commission.
There is 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 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. (Ord. 431 § 2, 1937. Prior code § 1.16.020)
2.96.030 State law adopted.
This chapter is adopted pursuant to Chapter 13, of the Session Laws of 1937 of the state of Washington and all of the provisions of that chapter are by reference incorporated in and made a part of this chapter. (Ord. 431 § 3, 1937. Prior code § 1.16.030)
Chapter 2.100
PERSONNEL POLICIESSections:
Article I. Purpose and Scope
2.100.010 Scope of policies.
2.100.020 Implementing/changing the policies and/or procedures.
2.100.030 Definitions.
Article II. General Policies and Practices
2.100.040 Equal employment opportunity policy.
2.100.050 Disability discrimination prohibited.
2.100.060 Life threatening/ communicable diseases.
2.100.070 Sexual harassment prohibited.
2.100.080 Employee personnel records.
Article III. Recruiting and Hiring
2.100.090 Recruiting.
2.100.100 Hiring.
2.100.110 Temporary employees, seasonal workers and summer workers.
2.100.120 Regular part-time employees.
2.100.130 Probationary period.
2.100.140 Employment of relatives.
2.100.150 Promotions.
Article IV. Hours and Attendance
2.100.160 Working hours.
2.100.170 Hours of work and overtime.
2.100.180 Alternative work schedule and flex time.
2.100.190 Compensatory time.
2.100.200 Attendance.
2.100.210 Unusual weather conditions.
2.100.220 Breaks and meal periods.
2.100.230 Call back.
2.100.240 Payroll records.
Article V. Compensation
2.100.250 Salary classification and grades.
2.100.260 Employee pay rates.
2.100.270 Paydays.
2.100.280 Deductions.
2.100.290 Travel away from the city.
2.100.300 Travel expense reimbursement.
2.100.310 Compensation upon termination.
Article VI. Performance Evaluations
and Training2.100.320 Performance evaluations.
2.100.330 Training policy.
2.100.340 Tuition reimbursement.
Article VII. Benefits
2.100.350 Retirement benefits.
2.100.360 Repealed.
2.100.370 Repealed.
2.100.380 Disability benefits (workers’ compensation).
2.100.390 Health insurance benefits.
2.100.400 Continuation of insurance coverage.
2.100.410 Unemployment compensation.
2.100.420 Deferred compensation.
2.100.430 Miscellaneous benefits.
Article VIII. Leaves
2.100.440 Vacation leave.
2.100.450 Sick leave.
2.100.460 Leave without pay.
2.100.470 Jury and witness leave.
2.100.480 Administrative leave.
2.100.490 Military leave.
2.100.500 Family leave.
2.100.510 Bereavement leave.
2.100.520 Holidays.
2.100.530 Benefits for part-time and temporary employees.
2.100.540 Leave for FLSA overtime exempt personnel.
2.100.545 Sick leave sharing.
Article IX. Employee Responsibilities and Conduct
2.100.550 General code of conduct.
2.100.560 Outside employment and conflicts of interest.
2.100.570 Reporting improper governmental action.
2.100.580 Political activities.
2.100.590 No smoking policy.
2.100.600 Personal possessions and electronic communications.
2.100.610 Use of city vehicles and equipment.
2.100.620 Contact with the news media.
2.100.630 Seat belt policy.
2.100.640 Driver’s license requirements.
2.100.650 Solicitations.
2.100.660 Safety.
2.100.670 Substance abuse.
Article X. Discipline and Termination
2.100.680 Actions subject to disciplinary action.
2.100.690 Layoff.
2.100.700 Resignation.
Article I. Purpose and Scope
2.100.010 Scope of policies.
These personnel policies, as enacted by the Sumner city council, apply to all city employees and volunteers. In cases where these policies conflict with any city ordinance, civil service rules and regulations, the provisions of a collective bargaining agreement, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.1), 1999)
2.100.020 Implementing/changing the policies and/or procedures.
The city council, by ordinance, may enact changes to the personnel policies. As the need arises, the mayor or city administrator may develop, implement and/or modify personnel procedures and administrative procedures, and will notify the city council when forwarding the change(s) to them for inclusion in their policy and procedures manual. The mayor or city administrator may deviate from the procedures in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the city’s citizens. Employees may request specific changes to the policies and/or procedures by submitting suggestions to their department director. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.2), 1999)
2.100.030 Definitions.
A. “Department director” means an employee who is responsible for directing one or more departments.
B. “Immediate family” includes the employee’s parents, spouse, domestic partner, child, brother or sister, mother-in-law or father-in-law, son-in-law or daughter-in-law, grandparent, grandchild, or other relative who lives in the employee’s home.
C. “Regular full-time employee” means an employee who has successfully completed a trial period as defined in these policies and who regularly works a minimum of 40 hours a week.
D. “Regular part-time employee” means an employee who has successfully completed a trial period as defined in these policies and who regularly works less than 40 but at least 20 hours a week.
E. “Temporary and seasonal workers” means employees who hold jobs of limited duration due to special projects, abnormal work loads or emergencies. Temporary employees are not eligible for city benefits. Seasonal employees are considered to be temporary employees, unless specified otherwise in a collective bargaining agreement.
F. “Probationary employee” means employees who have not yet completed their probationary period in a regular position and who have not been certified to regular employment status. Unless otherwise specified, when regular employees are referred to in these policies, they shall include probationary employees. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (1.3), 1999)
Article II. General Policies and Practices
2.100.040 Equal employment opportunity policy.
The city is an equal employment opportunity employer. The city employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies shall be applied without regard to any individual’s sex, race, color, religion, national origin, pregnancy, age, marital status, or sensory, physical or mental disability. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.1), 1999)
2.100.050 Disability discrimination prohibited.
The city does not discriminate against qualified applicants or employees with a sensory, physical or mental disability, unless the disability cannot be reasonably accommodated and prevents proper performance of an essential element of the job. The city will reasonably accommodate qualified individuals with disabilities. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.2), 1999)
2.100.060 Life threatening/communicable diseases.
Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance in a recognized job classification and medical evidence shows they are not a threat to themselves or their co-workers. The city will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow city employees or the public exists. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.3), 1999)
2.100.070 Sexual harassment prohibited.
A. Sexual harassment is a form of sex discrimination and is illegal. Sexual harassment is also inappropriate and offensive and will not be tolerated by the city.
B. Sexual harassment is behavior of a sexual nature which is unwelcome. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct constitute sexual harassment when:
1. It is part of a manager’s or supervisor’s decision to hire or fire;
2. It is used to make other employment decisions such as pay, promotion, or job assignments;
3. It creates an intimidating, hostile, or offensive work environment.
C. Employees engaging in improper harassment are subject to discipline up to and including termination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.4), 1999)
2.100.080 Employee personnel records.
A personnel file for each employee is kept in the human resources department. An employee’s personnel file contains the employee’s name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file.
Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the city denies the employee’s request to remove the information, employees may file a written rebuttal statement to be placed in their file.
Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, no information from an employee’s personnel file will be released to the public, including the press, without a written request for specific information. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (2.5), 1999)
Article III. Recruiting and Hiring
2.100.090 Recruiting.
Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence.
Each applicant shall complete and sign an application form prior to being considered for any position. Resumes may supplement, but not replace, the city’s official application.
Any applicant supplying false or misleading information is subject to having their application rejected or, if hired, subject to immediate termination.
The city may provide reimbursement for selected candidates for their expenses incurred in conjunction with their participation in the selection process for exempt, eligible management level positions. Expenses must be approved for payment before the expenses are incurred. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.1), 1999)
2.100.100 Hiring.
When a regular full-time or part-time position becomes vacant and prior to any posting or advertisement of the vacancy, the department head shall review the position, its job description, the need for such a position, and prepare and submit a written request to fill the position to the mayor or city administrator. The position may be posted and/or advertised only after the mayor or city administrator has approved the request.
Residency within the city shall not be a condition of initial appointment or continued employment; provided, however, that an employee’s selection of residence shall not interfere with the daily performance of his/her duties and responsibilities, except when specified in the Sumner Municipal Code.
Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver’s license with any necessary endorsements. Driving records of applicants may be checked prior to employment and continuously throughout employment if the employees position allows the employee to drive a city vehicle. Applicants with poor driving records, as determined by the city, may be disqualified for employment with the city in positions requiring driving. Employees with poor driving records, as determined by the city, may be subject to discipline up to and including termination.
The city may administer pre-employment examinations to test the qualifications and ability of applicants for regular full-time and part-time employment, as determined necessary by the city. The city may contract with any agency or individual to prepare and/or administer examinations.
After an offer of employment has been made and prior to commencement of employment, the city may require persons selected for employment to successfully pass a medical examination, including an alcohol and drug test. The purpose of the examination is to determine if the individual is physically able to perform the job and to ensure his/her physical condition will not endanger the health, safety or well-being of other employees or the public. The offer of employment may be conditioned on the results of the examination. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.2), 1999)
2.100.110 Temporary employees, seasonal workers and summer workers.
A. Department directors may use temporary employees, seasonal workers and summer workers to temporarily replace regular employees who are on vacation or other leave, to meet peak work load needs, or to temporarily fill a vacancy until a regular employee is hired. Temporary employees, seasonal and summer workers may be hired without competitive recruitment or examination, although all hiring processes must comply with state and federal laws. The method of selection of temporary employees, seasonal workers, and summer workers shall be at the discretion of the mayor or city administrator.
B. Compensation – Benefits. Temporary employees, seasonal and summer workers are eligible for overtime pay as required by law. Temporary employees, seasonal and summer workers do not receive retirement, vacation leave, sick leave, health insurance, holidays or any other benefits during their employment unless otherwise provided by a collective bargaining agreement.
C. Temporary employees, seasonal and summer workers not subject to a collective bargaining agreement shall serve at the discretion of the mayor or city administrator. Pay rates for temporary employees, seasonal workers, and summer workers shall be established through adoption of the annual budget.
D. Temporary employees, seasonal and summer workers pay contributions to the Social Security Administration, as does the city on their behalf. Temporary employees, seasonal workers, and summer workers will normally not be placed in the state PERS retirement system, unless they work over 70 hours per month for more than five consecutive months in a 12-month period. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.3), 1999)
2.100.120 Regular part-time employees.
A regular part-time employee is an employee who has successfully completed a probation period as defined in these policies and who regularly works less than 40 hours a week. Regular part-time employees who work at least 20 hours a week shall receive employee benefits on a pro rata basis during their employment, including retirement, vacation leave, sick leave, health insurance, holiday pay, and other employee benefits identified in these personnel policies. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.4), 1999)
2.100.130 Probationary period.
A. Upon hire or appointment, all regular employees enter a probation period that is considered an integral part of the selection and evaluation process. The probation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate.
B. The normal probation period is six to 12 months from the employee’s date of hire, rehire or promotion. The mayor or city administrator may authorize the department director to extend the probation period for up to an additional six months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee’s performance, unless otherwise provided by a collective bargaining agreement.
C. Once the probation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the probation period does not create an employment contract or guarantee employment with the city for a specified duration.
D. Use of Sick Leave/Vacation During Probation Period. Probation employees may use their accrued sick leave from the beginning of their employment, but may not use earned vacation until they have successfully completed their probation period.
E. Probation is an extension of the selection process and failure to satisfactorily complete the probationary period as determined by the mayor, city administrator or department directors does not grant any right to appeal under these policies. Employees on probation may be terminated without cause by the mayor or city administrator. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.5), 1999)
2.100.140 Employment of relatives.
A. The immediate family of current city employees and city council members will not be employed by the city where:
1. One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other;
2. One party would handle confidential material that creates improper or inappropriate access to that material by the other;
3. One party would be responsible for auditing the work of the other; or
4. Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the city.
B. Immediate relatives shall include spouse, child, stepchild, parent (including in-laws and stepparent or half parent), brother or sister, stepbrother or stepsister, half brother or half sister, grandparents, son-in-law, daughter-in-law, or grandchildren. This policy shall also apply to persons related by blood or marriage and/or residing in an employee’s home.
C. Change in Circumstances. If two employees marry, become related or begin sharing living quarters with one another, and in the city’s judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the city, unless reasonable accommodations, as determined by the mayor or city administrator, can be made to eliminate the potential problem. The decision as to which employee will remain with the city must be made by the two employees within 30 calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the city reserves the right to terminate either employee. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.6), 1999)
2.100.150 Promotions.
A. The city encourages promotion from within the organization whenever possible. All openings will be posted so that employees may become aware of opportunities and apply for positions in which they are interested and qualified.
B. Before advertising a position to the general public, the mayor or city administrator may choose to circulate a promotional opportunity within the city.
C. The city reserves the right to seek qualified applicants outside of the organization at its discretion.
D. All openings will be posted on the city bulletin board. To be considered for promotion, an employee must be employed in their position for at least six months, and meet the qualifications for the vacant position.
E. New Probation Period. After promotion to a new position, a new probation period of six months must be completed, unless waived or reduced by the department director or unless otherwise provided by a collective bargaining agreement and/or civil service rules. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee or a similar position having the same rate of compensation. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (3.7), 1999)
Article IV. Hours and Attendance
2.100.160 Working hours.
The city’s normal work week is Monday through Friday from 8:00 a.m. to 5:00 p.m. with a one-hour unpaid lunch period. Due to the nature of the city’s operations, alternative and/or longer hours may be necessary in some instances.
A normal working schedule for regular, full-time employees consists of 40 hours each work week. Different work schedules, such as in the case of police, may be established by the city to meet job assignments and provide necessary city services. Each employee’s department head will advise the employee regarding his/her specific working hours.
Part-time and temporary employees will work hours as specified by their department heads. (Ord. 2200 § 4, 2007: Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.1), 1999)
2.100.170 Hours of work and overtime.
All city positions are designated as either “exempt” or “nonexempt” according to the Fair Labor Standards Act (“FLSA”) and Washington Minimum Wage Act regulations.
For most city employees, the established work period is 40 hours within a seven-day work week unless otherwise provided in the collective bargaining agreement. All personnel are responsible for accurately reporting all hours worked on forms supplied by the city. Employees failing to accurately record time worked are subject to discipline.
Nonexempt employees are entitled to additional compensation, either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee’s department head. Overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all time worked beyond the established work period. When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time) is not counted as hours worked.
Exempt employees are not covered by the FLSA or Washington Minimum Wage Act overtime provisions and do not receive overtime pay but may receive informal paid leave in lieu of overtime pay. An exempt employee is paid to perform a job which may not necessarily be completed in a normal work week. In recognition of the extra time demands of certain exempt positions, informal paid leave may be granted by the mayor or city administrator at his/her discretion as recognition of such extended/extra work hours. (Ord. 1990 § 1 (part), 2001: Ord. 1889 § 19, Exh. A (4.2), 1999)
2.100.180 Alternative work schedule and flex time.
In accordance with the Washington’s Commute Trip Reduction Law and the Washington Clean Air Act, the city has established a policy to allow for alternative work schedules and/or flex time for city employees. Flex-time schedules and compressed work