Sec. 4.1. Duties and Authority of the Mayor — Veto — Breaking Vote.

The Mayor shall be the chief executive and administrative officer of the City, in charge of all departments and employees. The Mayor shall have the power to appoint and remove, subject to applicable civil service provision, and except as otherwise provided in this charter or by state law, all appointive officers and all employees of the City under his or her jurisdiction, or may authorize the head of a department or office responsible to him or her to appoint and remove subordinates in such department or office. The Mayor shall make certain that all laws and ordinances are faithfully enforced and that law and order is maintained in the City, and shall have general supervision of the administration of City government and all City interests. All official bonds and bonds of contractors with the City shall be submitted to the Mayor or such person as the Mayor may designate for approval or disapproval. The Mayor shall make certain that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed, and to this end the Mayor may cause any legal proceeding to be instituted and prosecuted in the name of the City, subject to approval by majority vote of the Council. The Mayor, when present, and otherwise the Mayor’s delegate, shall attend all regular meetings of the City Council, but shall have no vote. The Mayor shall report to the Council concerning the affairs of the City and its financial and other needs, and shall make recommendations for Council consideration and action. The Mayor shall prepare and submit to the Council a proposed budget, as required by law, charter or ordinance. The Mayor shall have the power to veto ordinances passed by the Council and submitted to the Mayor as provided in section 3.4, but such veto may be overridden by the vote of a majority of all Council members plus one more vote. The Mayor shall be the official and ceremonial head of the City and shall represent the City on ceremonial occasions, except that, when illness or other duties prevent the Mayor’s attendance at an official function and no mayor pro tempore has been appointed by the Council, a member of the Council or some other suitable person may be designated by the Mayor to represent the City on such occasion.

Sec. 4.2. Appointment and Removal of Chief Administrative Assistant — Qualifications, Compensation.

The Mayor, with the approval of the Council, may appoint and remove a Chief Administrative Assistant to perform such administrative duties as may be designated by the Mayor from time to time. The compensation for such Chief Administrative Assistant shall at no time be less than the highest compensation paid to any department head, exclusive of the City Attorney. The Chief Administrative Assistant need not be a resident at the time of appointment. The Chief Administrative Assistant shall be chosen solely on the basis of qualification as an administrator, with particular emphasis on educational background, training, and experience as a professional municipal administrator.

Sec. 4.3. Administrative Departments — Establishment.

Within the framework established by this charter, the administrative service of the City government shall be divided into such offices, departments, and divisions as provided by ordinance or this charter.

Sec. 4.4. Appointive Officers.

The appointive officers of the City shall include the Chief Administrative Assistant (if appointed), the City Attorney, the City Clerk, the Chief of Police, the Fire Chief, and the department heads of all other departments established pursuant to this article and such other appointive officers as are established by ordinance. Except as otherwise provided in this charter, all appointive officers shall be appointed and removed by the Mayor, and shall be responsible to the Mayor. An appointive officer shall not be deprived by such removal of standing under applicable civil service provisions which he or she may have had before appointment to such office. (Amended 11-5-96)

Sec. 4.5. Appointive Officers — Compensation.

Subject to the provisions of section 4.2 of this charter, the compensation of all appointive officers shall be prescribed by ordinance.

Sec. 4.6. Duties of City Clerk.

The Clerk shall perform the duties required by this charter, state law, and by the Council; keep a record of the proceedings of the Council, and of every matter and thing before, presented to, or acted upon by the Council; certify all accounts ordered paid as provided in this charter; be the custodian of the official seal of the City and affix the seal to all documents when authorized so to do.

Sec. 4.7. City Engineer — Qualifications.

The City Engineer shall be a registered professional civil engineer with a minimum of five years’ experience after registration. If the appointee’s licensure as a registered professional engineer is from a different state, the appointee shall be required to obtain a Washington State license as a registered professional civil engineer within six (6) months of appointment. (Ord. 2924-06 § 6, 2006)

Sec. 4.8. Department of Parks and Recreation — Director.

There shall be a Department of Parks and Recreation, the head of which shall be the Director of Parks and Recreation, who shall have responsibility for the management and control of the park and recreation system of the City. Such Director shall appoint under civil service laws and rules, supervise and control all employees in the Department of Parks and Recreation, and shall have such further powers and perform such other duties as may be prescribed by ordinance. The Director of Parks and Recreation shall be appointed and removed by the Mayor. (Ord. 2924-06 § 7, 2006: amended 11-5-96)

Sec. 4.9. City Planner — Qualifications.

There shall be a City Planner who shall assist the Mayor, City Council, and the Planning Commission as a technical advisor regarding the City’s comprehensive plan, zoning, and capital improvements; and prepare reports and recommendations relative to annexation review and urban renewal plans and projects. Such City Planner shall have such further powers and perform such other duties as may be prescribed by ordinance. The City Planner shall have an educational background and practical experience commensurate with the responsibility of the position.

Sec. 4.10. Oath of Office.

Every officer, before entering upon the duties of office, shall make and file with the Clerk an oath or affirmation to support the Constitution of the United States and the State of Washington, and to perform faithfully, honestly and impartially the duties of office.

Sec. 4.11. Bonds of Officers.

The Mayor shall furnish and file with the Clerk a good and sufficient bond, executed by a surety company authorized to do business in the State of Washington, in the minimum sum of five (5) times the amount of his or her annual salary, and such additional amount as may be determined by ordinance, for the faithful performance of mayoral duties. Such other officers and employees as the Council may determine by ordinance, shall furnish and file like bond in the amounts fixed by such ordinances. The giving and approval of the bond of every appointive officer or employee required by ordinance to give bond shall be a necessary part of the qualification of such officer or employee. Upon approval by the Council, the City shall pay a reasonable premium to a surety company for the execution of any bond required by this charter or by ordinance. Bonds of the elective officers shall be approved by the City Attorney and a judge of the Superior Court of Snohomish County, both as to sufficiency and form, and shall be deposited in a depository bank of Everett. All other bonds shall be approved by the Mayor and the City Attorney.

Sec. 4.12. Officers and Employees Not to Be Interested in Contracts.

No elected official or appointed City officer or employee of the City shall have a financial interest, directly or indirectly, in any contract, sale, lease, or purchase with or for the use of the City; or accept, directly or indirectly, any compensation, gratuity, or reward from any other person who is financially interested in such contract, sale, lease or purchase. Provided, however, an officer or employee does not have a prohibited interest if the officer or employee has a remote interest as defined by state law. Violation of any provision of this section may be grounds for a forfeiture of employment or office, and the contract sale, lease, or purchase shall be void. (Ord. 2924-06 § 8, 2006: amended 11-7-78)

Sec. 4.13. Advertising for Bids.

The Council shall establish the procedures for making bids and letting contracts by ordinance not in conflict with other provisions of this charter and the laws of the State of Washington. When advertising for bids is required by City ordinance or state or federal law, at least one notice shall be published in the City official newspaper. (Amended 11-5-96; amended 11-2-82)

Sec. 4.14. Contracts and Documents — Execution of.

All written contracts, bonds and instruments of every kind and description to which the City shall be a party shall be approved as to form and legality by the City Attorney, and executed in the name of the City by the Mayor or, in accordance with written guidelines approved by Council, by his or her Chief Administrative Assistant or designated department head(s), and attested by the Clerk and when necessary, shall be acknowledged by such officers. (Amended 11-5-96)

Sec. 4.15. Annual Report.

The Mayor shall have prepared and printed annually a report showing the receipts and disbursements of the City.