1.01    Incorporation

1.02    Powers of the City

1.03    Construction

1.04    Intergovernmental Relations

1.05    Form of Government


2.01    General Powers and Duties

2.02    Composition, Eligibility, Election and Terms

2.03    Mayor

2.04    Compensation; Expenses

2.05    Prohibitions

2.06    Vacancies; Forfeiture of Office; Filing of Vacancies

2.07    Judge of Qualifications

2.08    Independent Audit

2.09    Procedure

2.10    Action Requiring an Ordinance

2.11    Ordinances in General

2.12    Emergency Ordinance

2.13    Codes of Technical Regulations

2.14    Authentication and Recording; Codification; Printing


3.01    City Manager—Appointment

3.02    City Manager—Removal

3.03    Acting City Manager

3.04    Powers and Duties of City Manager


4.01    General Provisions

4.02    Personnel System

4.03    Legal Officer

4.04    Planning

4.05    City Clerk


5.01    Fiscal Year

5.02    Budget

5.03    Budget Control

5.04    Accounting and Auditing

5.05    Fiscal Control

5.06    Fees and Collection

5.07    Purchases

5.08    Competitive Bidding

5.09    Bonds and Indebtedness

5.10    Sale of Bonds

5.11    Taxes and Indebtedness


6.01    City Elections

6.02    Initiative and Referendum


7.01    Conflicts of Interest

7.02    Activities Prohibited


8.01    Proposal of Amendment


9.01    Officers and Employees

9.02    Departments, Offices and Agencies

9.03    Pending Matters

9.04    State and Municipal Laws

9.05    Time of Taking Full Effect

9.06    Separability


Section 1.01    Incorporation

Section 1.02    Powers of the City

Section 1.03    Construction

Section 1.04    Intergovernmental Relations

Section 1.05    Form of Government

Section 1.01 Incorporation.

The municipal corporation now existing and known as Kelso shall remain and continue a body politic and corporate in name and in fact by the name of KELSO.

Section 1.02 Powers of the City.

The city shall have all the powers granted to charter code cities by the constitution and general laws of the state and all powers implied hereby, and shall exercise all municipal functions and have all municipal rights, privileges, and immunities except as prohibited by law or by this Charter. The enumeration of particular powers by this Charter shall not be deemed to be exclusive. The city shall directly or indirectly provide for police, fire and public safety services and for public works and improvements.

Section 1.03 Construction.

The powers of the city under this Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article.

Section 1.04 Intergovernmental Relations.

The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any governmental entity or agency.

Section 1.05 Form of Government.

The government provided by this Charter shall be the Council-Manager form.


Section 2.01    General Powers and Duties

Section 2.02    Composition, Eligibility, Election and Terms

Section 2.03    Mayor

Section 2.04    Compensation; Expenses

Section 2.05    Prohibitions

Section 2.06    Vacancies, Forfeiture of Office, Filling of Vacancies

Section 2.07    Judge of Qualifications

Section 2.08    Independent Audit

Section 2.09    Procedure

Section 2.10    Action Requiring an Ordinance

Section 2.11    Ordinances in General

Section 2.12    Emergency Ordinance

Section 2.13    Codes of Technical Regulations

Section 2.14    Authentication and Recording, Codification, Printing

Section 2.01 General Powers and Duties.

All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

Section 2.02 Composition, Eligibility, Election and Terms.

(a) Composition. There shall be a city council composed of seven members to be elected at large. The mayor shall be elected as provided in Section 2.03.

(b) Eligibility. Only those registered voters of the city who shall have resided in the city for one year prior to the election shall be eligible to hold the office of councilmember.

(c) Election. The registered electors of the city shall elect a council of seven members, at large in the following manner. At the election approving this Charter, the candidates receiving the highest number of votes for each position shall serve. In the event of a tie vote, the election shall be decided by lot. Such lot shall be conducted no later than the second Tuesday after certification of the election.

(d) Terms. Candidates for positions 1, 2 and 3 shall be elected for a four-year term. In order to stagger the terms of office, candidates for positions 4, 5, 6 and 7 shall be elected for a two-year term. After completion of this initial term, the term of office for positions 4, 5, 6 and 7 will be for four years.

Section 2.03 Mayor.

At its first meeting in January following their election to office, the city council shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of the council for two years or until removed from the office by a vote of no less than four members of the council. The mayor shall preside at meetings of the council, represent the city in intergovernmental relationships, appoint with the advice and consent of the council the members of citizen advisory boards and commissions, present an annual state of the city message, and other duties specified by the council. The mayor shall be recognized as head of the city government for purposes of military law but shall have no administrative duties. It shall be the responsibility of the mayor to appoint the six remaining council members for liaison purposes to improve communications between city government and Kelso citizens to each of six geographical areas of the city as determined by and from time to time modified by the city council. The deputy mayor shall act as mayor during the absence or disability of the mayor.

Section 2.04 Compensation; Expenses.

The city council may determine the annual salary of the mayor and councilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of councilmembers next regular election. The mayor and councilmembers shall be eligible for only authorized expenses incurred in the performance of their duties of office.

Section 2.05 Prohibitions.

(a) Holding Other Office. Except where authorized by law, no councilmember shall hold any other elected public office during the term for which the member was elected to the council. No councilmember shall hold any other City of Kelso office or City of Kelso employment during the term for which the member was elected to the council. No former councilmember shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former councilmember to represent the city on the appointive governing boards of other regional or intergovernmental agencies.

(b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.

(c) Interference with Administration. Except for the purpose of inquiries, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 2.06 Vacancies; Forfeiture of Office; Filing of Vacancies.

(a) Vacancies. The office of a councilmember shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law; in addition, the office of a councilmember shall also become vacant if any councilmember fails to attend six scheduled regular and/or special meetings of the council during a calendar year unless on authorized city-related business, which shall be approved by a majority of the council.

(b) Forfeiture of Office. A councilmember shall forfeit that office if the councilmember:

(1) lacks at any time during the term of office any qualification for the office prescribed by this Charter or by law, or

(2) violates any express prohibition of this Charter, or

(3) is convicted of a crime involving moral turpitude, or

(4) discloses matters discussed in any executive session, unless authorized by a majority vote of the council.

(c) Filling of Vacancies. A vacancy in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than 60 days upon the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office.

Section 2.07 Judge of Qualifications.

The City Council shall be the judge of the qualifications of its members. The council shall have the power to set additional standards of conduct for its members beyond those specified in the Charter and may provide for such penalties as it deems appropriate, including forfeiture of office. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. Decisions made by the council under this section shall be subject to judicial review.

Section 2.08 Independent Audit.

The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section.

Section 2.09 Procedure.

(a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or two or more members, provided notice of such meetings is given in accordance with state law. Except as allowed by state law, all meetings shall be public, with a portion of the meeting set aside for public comment.

(b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.

(c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the council shall constitute a quorum. No action of the council shall be valid or binding unless adopted by a majority of those present, except where a majority vote of the entire council is required by state law. Every council member including the mayor shall vote. Abstentions are not allowed except for conflict of interest, which shall be determined by the City Attorney.

Section 2.10 Action Requiring an Ordinance.

In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the city council shall be by ordinance which:

(1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency;

(2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(3) Levy taxes;

(4) Grant, renew or extend a franchise;

(5) Regulate the rate charged for its services by a public utility;

(6) Authorize the borrowing of money;

(7) Convey or lease or authorize the conveyance or lease of any lands of the city;

(8) Regulate land use and development; and

(9) Amend or repeal any ordinance previously adopted.

Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution.

Section 2.11 Ordinances in General.

(a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Kelso hereby ordains . . .". Any ordinance which repeals or amends an existing ordinance or part of the city code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics.

(b) Procedure. At First Reading, the title of such ordinance shall be read and upon request of any person present shall be read in full. Copies of all such proposed ordinances shall be kept available to the public at the office of the city clerk. Ordinances granting a franchise shall be published once each week for three consecutive weeks prior to finally passing such ordinance.

At the Second Reading, the title of such ordinance shall be read, or upon the request of any person present, the clerk shall read the proposed ordinance in full. All persons interested shall be given an opportunity to be heard on the proposed ordinance.

After such opportunity for public comment, the city council may pass such ordinance, with or without amendment. Passage of an ordinance requires at least a majority vote in its favor and the vote shall be taken by yeas and nays, and entered in the public journal of city council proceedings. Every ordinance or resolution passed by the city council shall be signed by the mayor and filed with the city clerk, who shall record the same. When an ordinance fails to pass and a motion is made to reconsider, the vote upon such motion shall not be acted upon before the next meeting of the city council.

(c) Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective 5 days after publication of the summary of the ordinance or at any later date specified therein. All ordinances shall be published promptly.

(d) "Publish" Defined. As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the city: (1) The summary of the ordinance thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.

Section 2.12 Emergency Ordinance.

To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least five members shall be required for adoption. After its adoption, a summary of the ordinance shall be published and printed as prescribed for other adopted ordinances. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. An emergency ordinance shall become effective upon adoption or at such later time as it may specify.

Section 2.13 Codes of Technical Regulations.

The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

(1) The requirements of Section 2.12 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and

(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk.

Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

Section 2.14 Authentication and Recording; Codification; Printing.

(a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.

(b) Codification. Regularly the city council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, pertinent provisions of the constitution and other laws of the State of Washington, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Kelso City Code. Copies of the code shall be furnished to city officers placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council.

(c) Printing of Ordinances. The city council shall cause each ordinance having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. Following publication of the first Kelso City Code and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the State of Washington, or the codes of technical regulations and other rules and regulations included in the code.


Section 3.01    City Manager—Appointment

Section 3.02    City Manager—Removal

Section 3.03    Acting City Manager

Section 3.04    Powers and Duties of City Manager

Section 3.01 City Manager—Appointment.

The council shall appoint a chief administrative officer of the city who shall have the title of "city manager" and who shall serve at the pleasure of the council. The appointment shall require the affirmative vote of no less than four members of the council. The manager shall be chosen solely on the basis of demonstrated qualifications as an administrator with particular emphasis on training and actual experience as a professional municipal administrator. The manager need not be a resident of the state when appointed, but during the tenure of office, the manager shall reside within the city. No councilmember shall be eligible for appointment as manager within two years following the expiration of his/her latest term as councilmember.

Section 3.02 City Manager—Removal.

The council may remove the manager from office in accordance with the following procedure:

(1) By first adopting by the affirmative vote of at least four of its members a preliminary resolution stating the reasons for the manager's removal. This resolution may also suspend the manager from duty. In either case, the manager shall continue to receive a salary until the final resolution of removal is adopted.

(2) Within fifteen days the manager may file with the council a reply in writing and request a public hearing. This hearing shall be held not earlier than fifteen days nor later than thirty days after filing the request.

(3) Not less than thirty days after the date of adoption of the preliminary resolution and after such public hearing, if any, the council by the affirmative vote of at least four of its members may adopt a final resolution of removal, at which time the manager shall be paid any balance of salary then due or accrued and an additional amount equal to two months' salary or as specified by an employment contract.

Section 3.03 Acting City Manager.

In the event of the absence, suspension, or disability of the manager, or if a vacancy should occur in the office, the council may designate a qualified administrative officer of the City to perform the duties of the office until the manager shall return to duty or until the appointment of a successor.

Section 3.04 Powers and Duties of City Manager.

The manager shall be the head of the administrative branch of the city government. The manager shall be responsible to the council for the proper administration of all city affairs under the manager's jurisdiction. Subject to the personnel provisions of this Charter, the manager shall:

(1) Give general direction to the programs and activities of all city departments and offices under the manager's jurisdiction. The manager shall update and maintain a city policy and procedures manual which shall assist employees in carrying out such programs and activities;

(2) Serve as personnel officer of the city and administer the city personnel system, unless the council on the recommendation of the manager authorizes the appointment of a personnel officer to administer the system;

(3) Appoint, and when the best interests of the city require, remove officers and employees of the city unless otherwise provided by this Charter or by general laws. The manager may authorize the head of a department or office to appoint and remove subordinates in such department or office;

(4) Prepare the annual budgets, including a five-year capital expense budget, and submit them to the council. Upon adoption of any budget by the council, the manager shall be responsible for its administration;

(5) Prepare and submit to the council, at the close of each fiscal year, a complete report on the finances and administrative activities of the city for the preceding year;

(6) Keep the council informed on the financial condition and present and future needs of the city, making such recommendations as deemed desirable;

(7) Perform such other duties as may be prescribed by this Charter or required by the council, not inconsistent with this Charter;

(8) Be authorized to sign such documents as necessary to execute city business, subject to approval by a majority of the city council.


Section 4.01    General Provisions

Section 4.02    Personnel System

Section 4.03    Legal Officer

Section 4.04    Planning

Section 4.05    City Clerk

Section 4.01 General Provisions.

(a) Creation of Departments. The city council may establish city departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other.

(b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of city council, the city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

Section 4.02 Personnel System.

(a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence.

(b) Merit System. Consistent with all applicable federal and state laws, the city council shall provide by ordinance for the establishment, regulation and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations.

Section 4.03 Legal Officer.

The manager, subject to the approval of the council, shall appoint or remove the city attorney who shall be an attorney admitted and qualified to practice before the Supreme Court of the State of Washington. The city attorney shall:

(1) Act as legal advisor to and counsel for the council and manager in matters relating to their official duties;

(2) Represent the city in litigation in which the city is interested, unless the manager, with the approval of the council, otherwise provides;

(3) Provide legal opinions on official matters when requested by the council or manager;

(4) Draft and review for legal correctness, contracts, bonds, franchises, and other instruments to which the city is a party;

(5) Draft ordinances as requested by city council;

(6) Perform such other duties as may be assigned by the administrative code or otherwise by general laws or ordinances.

Section 4.04 Planning.

There shall be a city planner who shall be appointed by the city manager to assist the mayor, city council, and the planning commission as a technical advisor regarding the city's comprehensive plan, zoning, and capital improvements; prepare reports and recommendations relative to annexation review and urban renewal plans and projects; and shall have such further powers and perform 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.

Section 4.05 City Clerk.

The city manager shall appoint an officer for the city who shall have the title of city clerk. The city clerk shall give notice of council meetings to its members and the public, keep a journal of its proceedings and perform such other duties as are assigned by this Charter or by the council or the city manager, or by state law.


Section 5.01    Fiscal Year

Section 5.02    Budget

Section 5.03    Budget Control

Section 5.04    Accounting and Auditing

Section 5.05    Fiscal Control

Section 5.06    Fees and Collection

Section 5.07    Purchases

Section 5.08    Competitive Bidding

Section 5.09    Bonds and Indebtedness

Section 5.10    Sale of Bonds

Section 5.11    Taxes and Indebtedness

Section 5.01 Fiscal Year.

The fiscal year of the city of Kelso shall be set by ordinance not in conflict with general laws.

Section 5.02 Budget.

The annual budget shall be prepared and presented to the council by the manager and acted upon in the manner and within the time limits prescribed by general laws. The manager shall attach to each budget such supporting data and explanatory material relating to current operations, capital improvements, and other phases of the budget as may be deemed appropriate.

The manager shall annually prepare and present to the council a program of proposed capital projects for the five fiscal years next succeeding the budget year, with cost estimates relating thereto. This shall be known as the capital expense budget.

Section 5.03 Budget Control.

At the beginning of each quarterly period during the fiscal year, and more often if required by the council, the manager shall submit to the council data showing the relation between the estimated income and expenses and actual income and expenses to date. If it shall appear that the income is less than anticipated, the council may reduce or transfer appropriations, except amounts required to meet conditional obligations and for debt service, interest, and other fixed charges, to keep expenditures within cash income.

Section 5.04 Accounting and Auditing.

The manager shall be in charge of the administration of the financial affairs of the city and shall be responsible for maintaining proper books and records, for accounting, and for auditing all transactions affecting the city. Reserves for depreciation may be established in accordance with sound accounting practices.

Section 5.05 Fiscal Control.

The manager shall appoint a director of finance who shall supervise the receipt, custody, and disbursement of all city funds and perform such other duties as may be required by general laws, this Charter, the council, or the manager.

Section 5.06 Fees and Collection.

All fees and other moneys collected by any officer or employee shall belong to the city and shall be paid immediately to the finance director.

Section 5.07 Purchases.

Except as otherwise provided in this Charter, the manager shall be responsible for all city purchasing, but this authority may be delegated to a city purchasing officer.

Section 5.08 Competitive Bidding.

All contracts where the total contract is in excess of limits set by state law and all purchase of supplies, material, equipment, or nonprofessional services where the total cost exceeds the limits prescribed by state law shall be subject to sealed bids.

Bids shall be advertised by posting notice thereof in a public place in the city and by not less than one publication in the official newspaper of the city at least ten days prior to the date fixed for the opening of bids. All bids shall be sealed and shall be opened publicly at the time and place designated in the call for bids. The manager, or the manager's representative, shall analyze the bids and provide the council with a summary thereof. Except as hereinafter provided, the contract shall be awarded to the lowest responsible bidder. The council may reject any or all bids.

Section 5.09 Bonds and Indebtedness.

The creation of indebtedness and the issuance of all bonds, warrants, and other evidences of indebtedness shall be governed and controlled by general laws.

No contract shall be executed, the payment of which will be financed by the issuance of bonds, warrants, or other evidences of indebtedness, until the ordinance authorizing the issuance of such bonds or other evidences of indebtedness shall have taken effect. Any contract executed before such time shall be unenforceable.

Section 5.10 Sale of Bonds.

Subject to general laws, bonds, warrants, and other evidences of indebtedness may be sold at public or private sale in any manner and at any price the council deems the best interests of the city require.

Section 5.11 Taxes and Indebtedness.

The city shall have all the powers granted to, or not withheld from, charter code cities by the constitution and laws of the state in the levying and collection of taxes and incurring of indebtedness.


Section 6.01    City Elections

Section 6.02    Initiative and Referendum

Section 6.01 City Elections.

The regular city election shall be held at the time established by state law.

Section 6.02 Initiative and Referendum.

The powers of initiative and referendum are hereby reserved to the electors of the city. Laws of the State of Washington, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter.


Section 7.01    Conflicts of Interest

Section 7.02    Activities Prohibited

Section 7.01 Conflicts of Interest.

The use of public office for private gain is prohibited. The city council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. This ordinance shall provide for reasonable public disclosure of finances by officials with major decision-making authority over monetary expenditures and contractual matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations.

Section 7.02 Activities Prohibited.

(1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of marital status, race, gender, age, handicap, religion, country of origin or political affiliation.

(2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

(3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.

(4) No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee.


Section 8.01    Proposal of Amendment

Section 8.01 Proposal of Amendment.

Amendments to this Charter may be submitted to the registered electors by the council or by petition of the electorate in the manner provided by the constitution or laws of the state.


Section 9.01    Officers

Section 9.02    Departments, Offices and Agencies

Section 9.03    Pending Matters

Section 9.04    State and Municipal Laws

Section 9.05    Time of Taking Full Effect

Section 9.06    Separability

Section 9.01 Officers and Employees.

(a) Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption.

(b) Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter takes full effect a city administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, he or she shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he or she vacate the office or position.

(c) Personnel System. An employee holding a city position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position, but in all other respects shall be subject to the personnel system provided for in paragraph 4.02.

Section 9.02 Departments, Offices and Agencies.

(a) Transfer of Powers. If a city department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this Charter or if the Charter makes no provision, designated by the city council.

(b) Property and Records. All property, records and equipment of any department, office or agency existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the city council in accordance with this chapter.

Section 9.03 Pending Matters.

All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this Charter.

Section 9.04 State and Municipal Laws.

All city ordinances, resolutions, orders, regulations and laws which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent with this Charter.

Section 9.05 Time of Taking Full Effect.

The Charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected city council.

Section 9.06 Separability.

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.