Chapter 2.30


2.30.010    Definitions.

2.30.020    Purpose and establishment.

2.30.030    Membership and terms.

2.30.040    Qualifications.

2.30.050    Vacancies and removal.

2.30.060    Election of officers.

2.30.070    Compensation and conflict of interest.

2.30.080    Powers and duties.

2.30.090    Meetings and records.

2.30.095    Time and place of meetings.

2.30.100    Rules and procedures.

2.30.110    Council and staff support.

2.30.010 Definitions.

The following terms shall have the following definitions for this chapter:

A.    “City” means the City of Ferndale.

B.    “Commission” means the Ferndale Arts Commission.

C.    “Commissioner” or “member” means an individual appointed to serve on the Arts Commission.

D.    “Council” means the Ferndale City Council.

E.    “Mayor” means the Ferndale Mayor.

F.    “Public space” is any place or property within the City which is open to the general public for its use, or which is in public view, or is generally accessible to the public.

G.    “Work of art” shall include but not be limited to paintings, mural decorations, glass art, statues, bas-reliefs, monuments, fountains, arches, or other structures of a permanent or temporary nature intended for ornament or commemoration. (Ord. 1452 § 1, 2008)

2.30.020 Purpose and establishment.

The City recognizes that public art is essential to human needs, enhances the City’s physical beauty, promotes economic health and enhances the quality of life. To these ends, there is established a Ferndale Arts Commission whose purpose is to act in an advisory capacity to the elected officials and staff of the City. (Ord. 1452 § 1, 2008)

2.30.030 Membership and terms.

The Commission shall consist of no less than five and no more than nine members, appointed as follows:

Members shall be appointed by the Mayor and confirmed by a vote of the majority of the City Council. The term shall be for four years. Positions and their expiration dates shall be assigned as follows: Position Nos. 1, 2, 3, and 4 terms expire on June 30th of even years, beginning June 30, 2016. Position Nos. 5, 6, 7, 8, and 9 terms expire on June 30th of even years, beginning June 30, 2018. A quorum shall be defined as a majority plus one of the current membership number. (Ord. 2022 § 1 (Exh. 1), 2017; Ord. 1954 § 1 (Exh. 1), 2016; Ord. 1511 § 1, 2009; Ord. 1462 § 1, 2008; Ord. 1452 § 1, 2008)

2.30.040 Qualifications.

Qualifications for appointment to the Commission are as follows:

Members shall be appointed upon the basis of demonstrated interest in, and knowledge and support of, the arts. At least four members of the Commission shall reside within the City limits at the time of their appointment and throughout their terms in office. Up to five members may be nonresidents who live in the Ferndale School District or whose main employment is with a business located within the Ferndale City limits. (Ord. 2022 § 1 (Exh. 1), 2017; Ord. 1452 § 1, 2008)

2.30.050 Vacancies and removal.

Vacancies resulting from any cause shall be filled by appointment by the Mayor and confirmed by the majority vote of the City Council. The appointment shall be for the unexpired term. If a member is absent from three consecutive regular meetings, unless by permission expressed in the Commission minutes, or if they cease to comply with the provisions of FMC 2.30.040, their office shall become vacant and shall be so declared by the City Council. (Ord. 1452 § 1, 2008)

2.30.060 Election of officers.

The officers of the Commission shall be a chairman, vice-chairman, and a secretary-treasurer. They shall be elected for a term of one year at the first meeting of the year. The chairman shall preside at all meetings, appoint all committees and their members, execute all documents authorized by the Commission, and may serve as an ex officio member of all committees. The vice-chairman, in the absence of the chairman or his/her inability to act, shall preside at all meetings and perform all other duties of the chairman. The secretary-treasurer shall record minutes of all meetings, keep a record of its business proceedings, issue notice of all regular and special meetings and shall perform all other duties as are generally associated with this office. (Ord. 1452 § 1, 2008)

2.30.070 Compensation and conflict of interest.

Members shall serve without compensation from the City, or from any trust, donation, or legacy to the City; provided, that members may be reimbursed for necessary expenses related to their duties that have been previously authorized by the City Council and included in the annual City budget.

Members of the Commission shall comply with all aspects of Chapter 42.23 RCW, Code of Ethics for Municipal Officers, and shall not have any direct or indirect financial interest in any public art activities of the City. (Ord. 1452 § 1, 2008)

2.30.080 Powers and duties.

The Commission shall have the following powers and duties:

A.    Act in an advisory capacity to the City Council in all matters pertaining to the artistic and aesthetic aspects of the City;

B.    Recommend the adoption of such ordinances, rules, and regulations as it may deem necessary for the administration and preservation of art and aesthetic aspects of the community;

C.    Appoint panels for specific time periods to select public art in public places;

D.    Foster public and private partnerships, donations, grants, or other support for the advancement of public art;

E.    On behalf of the City, to encourage, conduct, sponsor, or cosponsor public art programs to further the development and public awareness of, and the interest in, public art;

F.    Review and recommend the acceptance of any donated public art or work of art to the City;

G.    Review and recommend to the Council the removal, relocation or alteration of any and all existing works of art in the possession of the City;

H.    Perform such other duties related to the arts as the Council may require. (Ord. 1452 § 1, 2008)

2.30.090 Meetings and records.

The Commission shall regularly meet monthly or more often as is necessary and all of its meetings shall be open to the public. Special meetings may be called by the chair or a majority of the Commission; provided, however, that adequate public notice be given for all regular and special meetings. A quorum shall be a majority of the members. No action of the Commission shall be valid without the affirmative vote of at least four members. The Commission shall keep a record, which shall be available for public inspection, of all of its resolutions, proceedings, and other actions. The Commission shall make a written report to the City Council monthly and be available to update the City Council during the year. (Ord. 1452 § 1, 2008)

2.30.095 Time and place of meetings.

A.    The second Wednesday of every month is established as the time of meeting of the Ferndale Arts Commission.

B.    Effective Wednesday, March 8th, following adoption of the ordinance codified in this section, the regular meetings will commence as follows:

1.    Starting at the hour of 5:00 p.m. the Ferndale Arts Commission will meet in the Main City Hall Conference Room located at 2095 Main Street in Ferndale, Washington, 98248.

2.    All Arts Commission meetings are subject to the Washington State Open Public Meetings Act.

3.    Any meeting that is cancelled for any reason shall be posted on the City’s website the day before said meeting.

4.    At any meeting hereafter that may fall on a legal holiday, the meeting shall be held the following day. (Ord. 1985, 2017; Ord. 1938 § 1, 2016)

2.30.100 Rules and procedures.

The Commission shall adopt and amend, by the affirmative vote of a majority of the members, rules and procedures for the conduct of the Commission’s business. Such rules and procedures shall be submitted to the Council for approval and shall not become effective until such Council approval is given. Such rules and procedures shall cover, but are not limited to, the following: preferred process for the selection of public art commissioned by the City; policies for the acquisition, display, and presentation of public art; identification of City projects that can benefit from artists’ involvement; selecting and commissioning of artwork; providing for the oversight and maintenance of public artwork after its installation; and development of an annual public art program. (Ord. 1452 § 1, 2008)

2.30.110 Council and staff support.

The City Council shall select from its members an Art Commission liaison whose duties will be to attend Commission meetings and provide information to and from the Council. Additionally, City staff will be available to aid the Commission in their activities. (Ord. 1452 § 1, 2008)