Chapter 4.08


4.08.010    Board established – Authority.

4.08.020    Membership – Assistance – Term – Vacancies.

4.08.030    Jurisdiction – Duties.

4.08.040    Meetings – Board rules.

4.08.050    Compensation.

4.08.060    Cessation of board.

4.08.010 Board established – Authority.

A law enforcement officers and fire fighters plan 1 disability board, which may be referred to as the disability board, is established pursuant to and in accordance with the requirements of Chapter 41.26 RCW and RCW 41.26.110. (Ord. 2019-844 § 1)

4.08.020 Membership – Assistance – Term – Vacancies.

A. Membership. The disability board shall consist of five persons selected as follows:

1. Two members of the city council, who shall be appointed by the mayor.

2. Two active or retired city of Mill Creek law enforcement officers, who shall be elected to their position. The electors of such members shall be limited to commissioned law enforcement officers who are employed by or retired from the city and who are themselves subject to the jurisdiction of the disability board. The pool of electable candidates for membership on the disability board shall consist of all commissioned officers currently employed by or retired from the city.

3. One member of the public at large, who shall be appointed by majority vote of the other four disability board members. The at-large member shall reside within the city at the time of and for the duration of his/her appointment.

B. Assistance. The city manager shall appoint a current city employee to serve as secretary of the disability board. The secretary shall take minutes and maintain the records of the disability board, administer elections required by this section, and provide such other assistance as may be needed. The office of the city attorney shall provide legal counsel as may be needed.

C. Term – Vacancies. Each disability board member shall serve a two-year term commencing with their appointment or election; provided, that one police officer member and one council member of the first slate of members to serve on the disability board shall serve a one-year term to establish a pattern of staggered terms thereafter. All terms shall expire on the thirty-first day of December of the last year for which the term is made; provided, that members shall remain in office until their successors are selected and confirmed. Any member who ceases to have the qualifications provided in this section or required by law shall be deemed to have forfeited his or her office. Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the term using the applicable selection method set forth above. (Ord. 2019-844 § 1)

4.08.030 Jurisdiction – Duties.

A. Jurisdiction. The disability board shall have jurisdiction over active and retired city of Mill Creek law enforcement officers who became members of the law enforcement officers and fire fighters retirement system prior to October 1, 1977 (hereafter LEOFF 1 members).

B. Duties. The disability board shall perform and make all functions, powers, and determinations as required by Chapter 41.26 RCW and Chapters 415-104 and 415-105 WAC, as now or hereafter amended. Duties shall include, but not be limited to, authorization of payment for LEOFF 1 member health benefit claims. (Ord. 2019-844 § 1)

4.08.040 Meetings – Board rules.

At the first meeting of the disability board and at the first meeting of each year thereafter, the members shall select from among their members a chairperson and such other officers as may be necessary. Such officers shall serve in that capacity for a one-year term commencing with the first meeting of the year. The disability board shall adopt rules of procedure suited to their work and as may be specified by state law or the Department of Retirement Systems, and shall establish and publish a regular public meeting place and schedule. The presence of three members of the disability board shall be required to constitute a quorum for the transaction of business; provided, that one other member may be allowed to attend by phone and electronic connection upon prior notice. Any scheduled meeting may be canceled upon lack of business or quorum. (Ord. 2019-844 § 1)

4.08.050 Compensation.

The members of the disability board shall serve without compensation for their service, but may be reimbursed for travel and other reasonable expenses incidental to such service, in the amount and method established by the city or as otherwise authorized by law. (Ord. 2019-844 § 1)

4.08.060 Cessation of board.

At the commencement of the disability board, the city had one LEOFF 1 member, and the state had closed participation in the state LEOFF I plan since 1997. It is therefore expected that the business of the disability board will be limited in scope and duration. In the event the city no longer has any qualifying LEOFF 1 members, the disability board may be terminated by action of the city council. (Ord. 2019-844 § 1)