Chapter 2.12
ADMINISTRATIVE REGULATIONS AND DIRECTIVES

Sections:

2.12.010    Definitions.

2.12.020    Applicability.

2.12.030    Authority.

2.12.040    Hearing on proposed regulation.

2.12.050    Council approval required.

2.12.060    Filing – Effective date.

2.12.070    Retroactive effect.

2.12.080    Council review.

2.12.090    Directives – Manager’s powers.

2.12.010 Definitions.

As used in this chapter:

“Adopting agency” means any agency, board, commission or officer of the City empowered by law to issue, amend or repeal regulations.

“Regulation” means every rule or standard of general applicability or the amendment, supplementation or revision thereof, adopted by a City agency, board, commission or officer, to implement, interpret or make specific the law enforced or administered by such person or to govern its procedure. “Regulation” does not include a rule or standard of conduct governing only the internal operation or organization of a City agency, nor does it include ordinances enacted by the Council. [Ord. 535-08 § 4, 2008. Prior code § 3.100.020. Formerly 2.10.010].

2.12.020 Applicability.

Except as otherwise provided by law, this chapter governs all City agencies, boards, commissions, officers and employees in the exercise of their power to adopt regulations. [Ord. 535-08 § 4, 2008. Prior code § 3.100.010(A). Formerly 2.10.020].

2.12.030 Authority.

Except where expressly prohibited by specific provision of this code, City agencies, boards, commissions and officers may issue, amend or repeal regulations to implement, interpret or make specific the law enforced or administered by those agencies, boards, commissions or officers. [Ord. 535-08 § 4, 2008. Prior code § 3.100.010(B). Formerly 2.10.030].

2.12.040 Hearing on proposed regulation.

Before adopting a regulation, the adopting agency may schedule and conduct a public hearing to give interested persons an opportunity to present evidence or argument pertaining to the proposed regulation. Public hearings scheduled pursuant to this section may be advertised with such notice and conducted in such manner as the adopting agency deems appropriate. [Ord. 535-08 § 4, 2008. Prior code § 3.100.030. Formerly 2.10.040].

2.12.050 Council approval required.

A regulation is effective only if approved by resolution of the Council. The Council may schedule and conduct public hearings on proposed regulations submitted to that body for approval. [Ord. 535-08 § 4, 2008. Prior code § 3.100.040. Formerly 2.10.050].

2.12.060 Filing – Effective date.

A. Upon approval of a regulation under WMC 2.10.050, the adopting agency shall file a copy of the regulation with the Clerk.

B. A regulation becomes effective immediately upon filing with the Clerk.

C. The Manager shall provide for the continuing compilation, codification, publication and supplementation of all regulations filed with the Clerk’s office, which shall be available to the public at the Clerk’s office. The publication of compiled regulations shall be known as the “Whittier Code of Regulations.” [Ord. 535-08 § 4, 2008. Prior code § 3.100.050. Formerly 2.10.060].

2.12.070 Retroactive effect.

Regulations adopted under this chapter may be applied only prospectively from the date they become effective, and may not be interpreted or applied to situations or activities of persons occurring prior to their effective date. [Ord. 535-08 § 4, 2008. Prior code § 3.100.060. Formerly 2.10.070].

2.12.080 Council review.

The Council may annul a regulation by resolution at any time. [Ord. 535-08 § 4, 2008. Prior code § 3.100.070. Formerly 2.10.080].

2.12.090 Directives – Manager’s powers.

The Manager may promulgate, amend and repeal administrative directives pertaining to the internal operation and organization of the City agencies, including the designation of standard operating procedures, forms, manuals, instructions and other guidelines to further the efficient administration of City government. Such directives are not subject to adoption or approval under WMC 2.12.010 through 2.12.080. [Ord. 535-08 § 4, 2008. Prior code § 3.100.090. Formerly 2.10.090].