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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 15.
For Meeting of: November 19, 2019
ITEM TITLE: Resolution providing for the submission to the voters of the City of
Yakima, at a special election to be held therein on February 11,
2020, of a Proposition on whether the Charter of the City of Yakima
should be amended to abandon and abolish the Council-Manager
form of government and adopt the Mayor-Council form of
government; and requesting the Yakima County Auditor to call a
special election
SUBMITTED BY: Jeff Cutter, City Attorney
Ryan Bleek,Assistant City Attorney
SUMMARY EXPLANATION:
On November 5, 2019, the Council directed staff to prepare any and all materials required to put
a measure to amend the Yakima City Charter on the February 11 , 2020 ballot as part of a special
election. Included is a resolution and proposed Charter amendment as prepared by City Legal, a
separate resolution and proposed Charter amendment as prepared by a community member and
a third proposed Charter amendment prepared by the same community member on November
14, 2019.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
O City Charter amendment city legal clean 11/14/2019 Corer Memo
O City Charter amendment city legal redline 11/14/2019 Cotter Memo
community 11/14/2019 Backup Material
member resolution and charter amendments
D Differences between proposed charter amendments 11/14/2019 Backup Material
2
D community member Lersion 2 11/1412019 Cre‘cr Memo
rtiTerencos between propocori charier amendment,'and
11r14/2019 Gmer Memo
communly member crr1on2
3
CITY LEGAL DRAFT
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RESOLUTION NO. R-2019-
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima, at a special election to be
held therein on February 11, 2020, of a Proposition on whether Articles I,
II, IV, VI, VII, VIII, XIII, XIV, and XV of the Charter of the City of Yakima
should be amended to abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government; making
ancillary and corrective amendments throughout the Charter to
accommodate the change in the form of government; and requesting the
Yakima County Auditor to call a special election.
WHEREAS, Chapters 35.18 and 35.22 of the Revised Code of Washington (RCW)
authorizes first class cities of the State of Washington to amend and revise their charters to
abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form
of government, upon approval by a majority of the qualified voters of the city voting in a special
election called for that purpose; and
WHEREAS, an amendment of the charter may be initiated by the City Council through the
passing and approval of a resolution directing that a proposition be submitted to the qualified
voters in the City on whether the City should adopt an amended charter abandoning and
abolishing the Council-Manager form of government and adopting the Mayor-Council form of
government pursuant to amended City Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with
ancillary amendments throughout the City Charter to accommodate the change in the form of
government; and
WHEREAS, the City Council desires to hold a special election in the City of Yakima on
February 11, 2020, for the purpose of submitting to the qualified voters of the City the proposition
of whether the City of Yakima should abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government pursuant to amended Charter
Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with ancillary amendments throughout the City
Charter to accommodate the change in the form of government; and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City the
proposition of whether the City of Yakima should abandon and abolish the Council-Manager form
of government and adopt the Mayor-Council form of government, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the special election shall be in the form of a ballot title
as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO
ABANDON AND ABOLISH THE COUNCIL-MANAGER FORM OF GOVERNMENT AND
ADOPT THE MAYOR-COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF
YAKIMA, AND MAKE FURTHER AMENDMENTS COMMENSURATE THEREWITH
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PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure
would amend Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV to abandon and abolish the
Council-Manager form of government and adopt the Mayor-Council form of government.Adoption
of the proposition will also make ancillary amendments throughout the Charter to accommodate
the change in the form of government. Should this proposition be approved?
YES f ]
NO f ]
2. The City Clerk is authorized and directed to file a certified copy of this resolution with the
Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct a special election to be held
in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified
voters of the City of Yakima the proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this 19th day of November, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
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ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now established,
or as hereafter established, shall continue to be the body politic and corporate by name of City of
Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may
sue and be sued; may acquire property within or without its boundaries for municipal purposes by
purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control
such property as its interests may require, except that property purchased for park purposes shall
be within the city limits; and except as prohibited by the constitution of the State of Washington,
or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights,
privileges and immunities of every name and nature whatsoever pertaining to cities of the first
class within the State of Washington.
SECTION 2. This entire charter amendment and each article, section and subsection
thereof inclusive shall become effective and enforceable on behalf of the City of Yakima on
January 1 of the year immediately following the first swearing in of a duly elected Mayor following
the election enacting this charter, and shall continue to be so until further amendment is adopted.
If any provision or part of this proposed charter amendment, or its application to any person or
circumstance is held invalid, the remainder of the proposed revisions or parts thereof, or the
application of the provision or parts to other persons or circumstances, is not affected, and to this
end the provisions and/or parts of this proposed charter amendment are declared to be severable.
The enumeration of particular powers by this charter shall not be held or deemed to be exclusive,
but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise
thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution
and laws of the State of Washington it would be lawful for said charter specifically to enumerate.
All powers of the City, whether express or implied, shall be exercised in the manner prescribed
by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or
resolution of the City Council. Furthermore, all powers of the City, unless otherwise provided in
this charter, shall be exercised by the Mayor and City Council in a Mayor-Council form of
government. They shall be subject to the control and direction of the people at all times by the
initiative, referendum and recall provided for in this charter.
ARTICLE II
Elective Officials, Qualifications, Authorities and Responsibilities — Mayor-Council
Form of Government
SECTION 1. A. The elective officials of the City of Yakima shall consist of a Mayor and
seven Council members, who shall all be residents and qualified electors of the City and shall not
hold any other public office while serving as an elective official of the City except that of Notary
Public or member of the military branch of the state or federal government. The Mayor shall be
the chief executive officer of the City. Beginning with the elections for the Yakima City Council to
be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015
general election, all elections for the Yakima City Council will be conducted using a system in
which each of the seven members of the City Council is elected from a single-member district.
Each Council member must reside in his or her district, and only residents of a given district may
vote for the Council member position for that district.
B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered by the
Court in United States District Court for the Eastern District of Washington Case No. 12-CV-3018-
TOR ("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and tables showing the
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boundaries of the seven single-member districts and their populations were attached as Exhibit
A to the Final Injunction.
C. The City shall take all steps necessary to implement the seven single-member district
plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in order to allow
single-member district based elections to proceed in 2015 and thereafter, provided that the City
of Yakima may revise those districts based on annexations, de-annexations, and population
changes reflected in the decennial census and at appropriate times in the future when necessary
to conform to state and federal law.
D. In order to preserve the staggered election plan for members of the City Council, in
elections held for the City Council in 2015 the odd numbered districts were set for a four-year
election cycle and even numbered districts were set initially for a two-year term and are set
thereafter for a four-year election cycle.
E. Future redistricting shall be done in a manner that complies with the terms and intent
of the Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12-CV-
3108-TOR, continues to provide for single-member districts, and complies with Section 2 of the
Voting Rights Act.
F. City Council Election: At the primary election, each qualified voter of each district may
cast only one vote for a City Council candidate. The names of the two candidates from each
district for whom the largest number of votes are cast at the primary election shall appear on the
general election ballot for that district.
Mayoral Election: At the primary election, each qualified voter of the City may cast one
vote for a Mayoral candidate. The names of the two Mayoral candidates for whom the largest
number of votes are cast at the primary election shall appear on the general election ballot for
City-wide vote. The mayoral term shall be for four years, provided, however,that should a mayoral
election be held during an even-numbered year pursuant to a special election, the first mayoral
term shall be for three years.
G. In the event the Mayor, as an elected official of the City, moves their place of residence
outside of the City, or any Council member elected or appointed to a district position moves their
place of residence outside the district boundary from which that person was nominated or
appointed, then the Mayor or Council member shall forfeit the office of Mayor or Council member
and the position held by the Mayor or member shall be deemed to be vacant. A Council member
shall not be disqualified from his or her current term of office if district lines are changed, thereby
causing the Council member to live outside his or her respective district. When this change in
district lines affects a current Council member, that person shall be allowed to complete his or her
current term of office.
SECTION 2. The Council shall constitute the legislative branch and authority of the City
government and shall have power to adopt rules of order and regulations for the conduct of its
business.
SECTION 3.A. One of the seven elected Council members shall be the Council President,
chosen as provided by Section 4 A of this Article II. Any elective official that ceases to possess
any of the qualifications specified in general law or in this charter or is convicted of a felony or of
a crime involving moral turpitude while in office shall immediately forfeit that official's office.
B. Provision for the time and manner of election of the Mayor and Council officials, and
the conduct of such biennial elections, shall be governed by general state laws, by this charter,
and by applicable ordinances of the City as they may be enacted from time to time.
C. The annual salaries of the Mayor, Council President and each Council member shall
be as set forth in City ordinance. The salaries of the office of Council President and each Council
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member may be increased or decreased from time to time by ordinance, but any change in the
compensation attached to that office shall not be applicable to the term then being served by the
incumbent.
D. The office of Mayor, Council President or any Council member shall be deemed vacant
if any of the following occur:
1. failure to qualify within ten days after certification of election or as otherwise
provided by state law, or
2. death, or
3. resignation, or
4. removal from office by recall, or
5. failure to maintain residency requirement of the office, or
6. absence from four consecutive regularly scheduled meetings of the city council
without being excused by the council, or
7. conviction of a felony or a crime of moral turpitude, or
8. judicially declared incompetency
In the event of a vacancy in the office of Mayor, the members of the Council shall elect
one of their number to the vacant office of Mayor for the unexpired term and shall then follow the
procedure set forth in this Section to appoint a person to the Council position left vacant by the
person assuming the office of Mayor. In the case of the temporary absence or disability of the
Mayor, the Council President shall be the Mayor Pro Tempore and perform the duties of Mayor.
The Mayor Pro Tempore shall not have the power to appoint or remove any officer, or to veto any
acts of the City Council.
In the event a vacancy occurs in the City Council positions for any reason, the vacancy in
the district shall be filled by the appointment of some qualified person who is a resident of that
district by a majority vote of the remaining members of the Council, but such appointee shall hold
office only until the next regular municipal election, at which time a qualified person who is a
resident of that district shall be elected to serve for the remainder of the unexpired term for that
position. If, after 30 days have passed since the occurrence of a vacancy, the Council is unable
to agree upon a person to be appointed to fill a vacancy in the Council, the Mayor shall make the
appointment from among the persons nominated by members of the Council.
SECTION 4. A. The Council shall choose its own Council President at its first meeting and
at the first meeting of the newly elected Council following each biennial election. The Council
President shall preside at all meetings of the Council and shall also set the Council Agenda for
each meeting held by the Council. The Council President shall be a member of the City Council
with equal rights and privileges and shall be entitled to vote on all matters coming before the
Council. The Council President shall not possess any veto power. The Council President shall
have the powers and perform the duties conferred upon him by this charter, the City Council and
the ordinances of the City. If a vacancy occurs in the office of Council President, or in case of the
Council President's absence or disability, a Council President pro tem shall be elected by the
Council from its members to act as Council President for the unexpired term or during the
continuance of the absence or disability. In the case of a permanent vacancy, the Council shall
then follow the procedure set forth at Section 3 D to appoint a person to the Council position left
vacant by the person assuming the office of Council President pro tem.
B. Four Council members shall be a quorum for the transaction of business. In the
absence of a quorum the members present at a meeting may adjourn the meeting to a later date.
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SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must
hold at least two regular meetings each month. The Clerk shall call special meetings of the Council
upon written request of the Council President or a majority of the Council members. Requests for
special meetings shall state the subjects to be considered and no final action may be taken with
respect to any other subject during a special meeting. All meetings of the Council and of
committees thereof shall be open to the public, and the rules of the council shall provide that
citizens of the City shall have a reasonable opportunity to be heard at any regular meetings in
regard to any matter being considered thereat.
SECTION 6. The Mayor shall appoint a City Administrator to assist in the general
administration of the City. The specific responsibilities of the City Administrator shall be
determined by the Mayor. Administrative departments shall be created and discontinued by the
City Council as the public business may demand. Pending further action by the City Council, the
administrative departments now in existence shall be continued. The rights, powers and duties of
the departments shall be prescribed, distributed, assigned, established or discontinued by
ordinance.
SECTION 7.The Mayor shall be the chief executive officer of the City. The position of
Mayor is a full-time position. The Mayor shall not accept or hold employment that would prevent
the Mayor from being available at City offices during the hours the offices are open to the public,
that would prevent the Mayor from regularly attending Council meetings and other meetings as
may from time to time be required, or that would interfere with any other conditions or duties of
the office as set by ordinance. In addition to the powers and duties granted a chief executive
and/or administrative officer under the laws of the State of Washington, the Mayor shall have the
following powers and duties:
A. The power to appoint and remove the administrative heads and assistant administrative
heads in each department of the City government, provided the appointment, but not the
removal, of an administrative head and assistant administrative head shall be subject to
the approval of the City Council and, further provided, that the head or assistant head of
any department shall not be deprived by any such removal of any standing under the civil
service provisions of this charter which the employee may have had before appointment
as head or assistant head of a department. City residency shall not be a requirement for
these positions.
B. The power to appoint and remove a city clerk, provided such appointment, but not
removal, shall be subject to the approval of the City Council. City residency shall not be a
requirement for this position.
C. The power to appoint and remove a city attorney, provided such appointment, but not
removal, shall be subject to the approval of the City Council. City residency shall not be a
requirement for this position.
D. The power to appoint and remove, subject to the civil service provisions of this charter, all
other officers and employees of the City of Yakima or to authorize the head of a
department or officer responsible to the Mayor to appoint and remove subordinates in
such department or office.
E. The power to make all other appointments required to be made by the Mayor by the laws
of the State of Washington and in the manner provided hereby.
F. The power to appoint and remove a City Administrator, provided such appointment, but
not removal, shall be subject to the approval of the City Council. Residency within the City
shall not be a requirement for this position. The City Administrator, under the general
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supervision of the Mayor, shall assist the Mayor, and in the discretion of the Mayor shall
supervise the administrative offices and shall perform such other duties as are delegated
to the position by the Mayor from time to time. The salary of the City Administrator shall
be fixed in the discretion of the Mayor but shall not exceed one hundred ten percent of the
salary of the highest paid employee of the City (other than the Mayor, the municipal court
judges or said City Administrator) or such higher amount as set by the City Council, from
time to time.
G. The power to appoint and remove an executive secretary and assistants who are not
subject to civil service. City residency shall not be a requirement for these positions.
H. Whenever the City Council shall be required to appoint any member of a board,
committee, commission or other body, unless the appointee must be a Council member, it
shall be the duty of the Mayor to nominate a suitable person for such appointment. City
residency may be required for these positions and shall be specifically stated in statute
and/or ordinance. If the City Council refuses to appoint any nominee of the Mayor, then
the Mayor shall, within forty five days thereafter, nominate another person to fill the office,
and may continue to nominate until Council appointment. If the Mayor fails to make
another such nomination within forty five days, then the City Council shall select a suitable
person to fill the office.
I. The power to remove a Council appointee, other than a Council member appointee, from
a board, committee or commission. Upon such removal, the vacancy for the unexpired
term, if any, shall be filled by appointment in the same manner as if at the beginning of the
term, except as otherwise provided in this charter.
J. The duty to see that all laws and ordinances are faithfully enforced and that law and order
are maintained in the City.
K. The duty to annually, at the first meeting of the City Council in October, communicate by
message to the City Council a statement of the conditions and affairs of the City, and to
recommend the adoption of such measures he or she may deem expedient and proper.
The Mayor shall make special communication to the City Council from time to time as he
or she may deem useful and proper, and shall submit reports on City matters when so
requested by the City Council.
L. The duty to prepare and present to the City Council a budget and a budget message
setting forth the programs proposed for the City during the next fiscal year. Budget
preparation and presentation shall comply with applicable state statutes, City Charter and
City Ordinance provisions and shall generally include a budget forecast presented to the
Council by mid-October, a preliminary budget presented to the Council before November
1, and a final budget presented to Council no later than the final December City Council
meeting of each year.
M. The power to recommend to the City Council for adoption such measures and ordinances
as may be deemed expedient and to make such other recommendations to the City
Council concerning the affairs of the City as may seem desirable.
N. The power to veto ordinances or parts of ordinances passed by the Council and submitted
to him or her as provided herein; provided that such veto may be overridden by the vote
of a majority of all Council members plus one more vote.
O. The power to make investigation into the affairs of the City under the supervision of the
Mayor or any department or division, or the proper performance of any contract or
obligation running to the City of Yakima.
P. The power to make recommendations in connection with the awarding of public contracts
and see that all contracts made by the City of Yakima are faithfully performed.
Q. The duty to approve for payment and submit to the City Council at each meeting for its
allowance all claims and bills. To the extent specifically approved and provided for in
ordinance the Mayor may have limited authority to pay claims and bills in amounts less
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than or equal to those specifically provided by ordinance without first obtaining Council
approval.
R. The authority to execute contracts and execute settlement agreements on behalf of the
City so long as said contracts and settlement agreements have been previously approved
by Council. To the extent specifically approved and provided for in ordinance the Mayor
may have limited authority to execute contracts and settlement agreements in amounts
less than or equal to those specifically provided by ordinance without first obtaining
Council approval.
S. The Mayor shall not vote on any matters before the Council for consideration.
T. The Mayor shall have no authority to increase or reduce taxes; the Mayor shall possess no
taxing authority on behalf of the City.
SECTION 8. Nothing in this Article shall affect the pension or Civil Service or merit system
of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and method of
holding and calling municipal elections, both general and special, shall be according to State law.
All municipal elections shall be non-partisan and by the qualified electors of the City.
ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation herein before
provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a)A petition signed by registered and qualified electors of the City, accompanied by the proposed
legislation in the form of a proposed ordinance and requesting that such ordinance be submitted
to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number of votes
cast at the last general City election and the number of signers of such petition, and shall present
such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum of the
total number of votes cast at the last preceding general city election, the City Council, within
twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass
such ordinance without alteration, or refer it to a popular vote at a special election which must be
held at the first available opportunity in accordance with the provisions of State law for special
municipal elections: Provided, however, that if any other municipal election is to be held more
than thirty days but within ninety days after the filing of the petition, said proposed ordinance shall
be submitted without alteration to be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed by
qualified electors equal in number to ten per centum of the entire vote cast at the last preceding
general city election shall be filed with the City Clerk, protesting against the enactment of such
ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the
City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City
Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same,
shall submit it to popular vote at the next municipal election; or,the City Council may call a special
election for that purpose as such elections are permitted by state statutes; and such ordinance
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shall not take effect, unless a majority of the qualified electors voting thereon at such election
shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or rejection at any
election any proposed ordinance in the same manner and effect as provided in this article for
submission on petition.
SECTION 5. There shall not be held under this article more than one special election in
any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for carrying
out the provisions of this article not inconsistent herewith.
ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed thereto, may
be removed from such office by recall proceedings as provided by the laws of the State of
Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city office or
employment within two years after such removal or resignation.
ARTICLE VI
Ordinances; Additional Powers and Limitations on Officers
SECTION 1. A. At all meetings of the City Council every resolution and ordinance shall be
in writing and read aloud by title before a vote is taken thereon; provided, at the request of a
majority of Council members present, a resolution or ordinance shall be read aloud in its entirety
before a vote is taken thereon. Upon every vote the yeas and nays shall be called and recorded.
All ordinances, except ordinances making appropriations or codifying or rearranging existing
ordinances, shall be confined to one subject, which shall be clearly expressed in the title.
Ordinances making appropriations shall be confined to the subject of appropriations. The enacting
clause of all ordinances shall be, "Be it ordained by the City of Yakima."
B. Every ordinance, except those which become emergency ordinances, passed by the
City Council shall, within five days thereafter, be presented to the Mayor.
C. Within ten days after its presentation, the Mayor shall either sign the ordinance and
return it to the City Clerk, or veto the ordinance and return it to the City Clerk with a written and
signed statement of the reasons for the Mayor's veto, or sign and partially veto an appropriation
ordinance and return it to the City Clerk with a written and signed statement of the reasons for the
partial veto. If an ordinance is not returned by the Mayor within ten days after its presentation, it
shall be deemed enacted without the Mayor's signature.Within thirty days after an ordinance has
been vetoed and returned or partially vetoed and returned, the City Council may override the veto
or partial veto by enacting the ordinance by an affirmative vote of the majority plus one vote.
D. Every ordinance enacted by the City Council shall be signed by the Mayor, or the
Council President or two City Council members in the event of prior Mayoral veto, attested by the
City Clerk and recorded in a book kept for that purpose.
SECTION 2. A. Ordinances making the annual tax levy or relating to local improvements
or assessments therefore, or making appropriations, emergency ordinances, or ordinances
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adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances
shall take effect 30 days after the date of the enactment and publication thereof as herein
provided.
B. An ordinance which is subject to the veto power of the Mayor and which is not vetoed,
or the approved portions of an ordinance which has been partially vetoed, shall be deemed
enacted on the date that it is approved by, or ten days after it is presented to, the Mayor. An
ordinance which is vetoed, or the vetoed portions of an ordinance, shall be deemed enacted on
the date that the City Council overrides the veto or partial veto. An ordinance which is not subject
to the veto power of the Mayor shall be deemed enacted on the date it is approved by the City
Council.
C. An emergency ordinance is one to provide for the immediate preservation of the public
peace, property, health or safety. The unanimous vote of the City Council shall be necessary for
the passage of an emergency ordinance, which shall not be subject to veto by the Mayor. No
measure making or amending a grant, renewal or extension of a franchise or other special
privilege shall ever be passed as an emergency measure.
SECTION 3. Upon its final passage, the number and title of each ordinance enancted by
the City Council, with certificate as herein provided, attached thereto shall be published once in
the official newspaper of the city. Said certificate shall be signed by the City Clerk and shall be in
substantially the following form: "Ordinance No. bearing above title, was duly and
regularly passed by the City Council of the City of Yakima, Washington, on the day of
20_, and is now on file with the undersigned at the office of the City Clerk, where
the same is open to the public inspection. Dated . City Clerk."
SECTION 4. No elective official, officer or employee of the City shall solicit or receive any
pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or
indirectly from or by reason of any improvement, alteration or repair, or purchase of materials
required by the City, or any contract to which the City shall be a party, except his lawful
compensation or salary as such officer or employee. A violation of any of the provisions of this
SECTION shall disqualify the offender to continue in office or employment and he shall be
forthwith removed.
SECTION 5. Any purchase of supplies, material, equipment or services, except for public
work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within
the limits established by State law shall be made upon call for bids in the same method and under
the same conditions as required herein on a call for bids for public work or improvement. This
monetary limit for the purchase of supplies, material, equipment and services may be increased
from time to time, but no more often than one time in any twenty-four month period, by ordinance
enacted by the vote of no less than a two-thirds majority of the City Council members, up to, but
in no case to exceed any amount allowed by State law. In the event of an emergency declared
by resolution of the City Council, any purchase of supplies, material, equipment or service may
be made without calling for bids.
SECTION 6. In addition to the provisions of the general law the City Council may by
ordinance create and establish special funds into which all monies received for a special or
specific purpose may be placed: Provided, however, that such fund or funds shall be other than
those deriving revenue from taxation.
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SECTION 7. There shall be a dedicated street overlay and reconstruction fund, reserved
for the enhancement in quality and value of City street infrastructure, of no less than Two Million
Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two
Million Dollars shall be adjusted annually in accord with the annual change in the June U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers
(CPI-U) West Region. The City Council shall make no other use of this fund than as is provided
in this Section.
SECTION 8. There shall be a dedicated public parks and recreation capital fund, reserved
for the construction and rehabilitation of City public parks and recreation facilities, of no less than
Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This
dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually
in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics
Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall
make no other use of this fund than as is provided in this Section.
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of January and
end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and collect
taxes upon all the real and personal property (not exempt from taxation) within the City for the
corporate uses and purposes thereof and provide for the payment of the debts and expenses of
the City; provided that after January 1, 2014, any new councilmanic tax may be assessed, levied
or increased only by a minimum affirmative vote of five members of the City Council. The Mayor
shall have no authority to assess or levy any taxes on behalf of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall be taken
and apportioned by the City Council from the current expense fund which for any one year shall
not exceed the statutory limits established by State law on each dollar of assessed valuation of
the property within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore or hereafter
authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter be required by general
law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council; and boards or
committees selected by the City Council to assist in the management of any municipal activities,
if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any corporation,
person or society not expressly authorized by this charter.
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ARTICLE VIII
Special Boards
SECTION 1. The City Council may appoint advisory boards, committees and commissions
as may be deemed helpful and necessary to the City Council to assist in administering the City's
operation and programs, including but not limited to parks, playgrounds and city planning. The
City Council shall have full charge of the budgets for such purposes and shall by ordinance
regulate the organization and duties of such boards, committees and commissions, and may
provide that any monies acquired by donation, bequest or from leases or concessions, fines, or
penalties shall be used in addition to the amount set aside in the annual budget out of the tax
levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and make
provisions for the control, management and operation of all public utilities owned and operated
by the City, or which may hereafter be acquired by the City in the manner provided by law, or
which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the financing
and repair, replacement, rehabilitation or extension of any public utility owned and operated by
the City, provided, however, that such financing shall be arranged upon the credit of the utility
itself and not upon the issuance of general obligation bonds of the City.
ARTICLE X
Claims
SECTION 1. Claims for damages and the filing of such claims against the City, its officers,
employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges, or
public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a provision
that the City may acquire the public utility for the exercise of which the franchise is granted, either
by agreement or by condemnation, and that upon such purchase by the City, either by agreement
or condemnation, no value of the franchise itself shall be taken into account in fixing the price to
be paid by the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than twenty-five
years.
SECTION 5. No franchise shall be renewed or extended earlier than three years prior to
its expiration.
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SECTION 6. No franchise shall be granted without provision for proper compensation to
the City. Such compensation shall when feasible be a percentage upon the gross earnings of the
person or corporation to whom such franchise is granted arising from the exercise of such
franchise. When the determination of the gross earnings by the exercise of the franchise is not
feasible the ordinance granting said franchise shall prescribe such other mode of determining the
compensation to be paid the City by the grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall submit to
the City Council within sixty days after the first day of January of each year, an annual report
verified by the oath of such person or the president, treasurer or general manager of such
corporation, which shall contain such detailed information as may be prescribed by the City
Council to enable it to determine the amount of compensation to be paid to the City for the use of
said franchise during the preceding year. Any such person, persons, or corporations which shall
refuse or fail to make any such report within the time specified shall be liable to a penalty
established in accord with State law, ordinance and specific franchise agreements for each and
every day during which he or it shall fail to file such report, such penalty to be sued for and
recovered by the City in any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or otherwise
alienated without the express consent of the City Council by ordinance passed for that purpose,
and no rule of estoppel shall ever be invoked against the City in case it shall assert the invalidity
of any attempted transfer in violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban railroad or
bus line shall provide that all United States mail carriers, city officials, policemen and firemen shall
at all time while in the actual discharge of their duties be allowed to ride upon such cars or buses
under said franchise without paying therefore, and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as granted by
any ordinance except when expressed therein in plain and unambiguous terms, and if any
ambiguity appears therein it shall be construed in favor of the city and against the claimant under
said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way, subject,
as to the amount and manner of incurring indebtedness, to the provisions and limitations of the
constitution and laws of the state and this charter; and subject to the same provisions and
limitations, the City may issue bonds to secure any existing or contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by ordinance
may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of the
State of Washington. Special elections for amending this charter may be called by the City Council
or shall be called upon petition of qualified voters of the City of a number not less than fifteen
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percent of the total number of votes cast at the last preceding general election, and otherwise as
set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the former
corporation in and to any and all property, real or personal, of whatever kind of character, shall
vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go into
effect and not inconsistent herewith, shall remain in force until amended or repealed or until they
expire by limitation. All rights and obligations in favor of or against the City existing at the time this
charter shall go into effect and shall continue without modification. All street and other
improvements, all vacations of public streets, alleys or places, all assessments for improvements,
all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to
the City that may have been begun and not completed, shall be completed according to the law
and ordinances existing prior to the time this charter shall go into effect, and all taxes and
assessments levied and remaining unpaid when this charter shall go into effect shall be collected
as provided by the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this charter
amendment, articles numbered I to XIV, inclusive, shall be submitted upon the ballot as a
complete charter and shall be included in the vote "For the Charter" and "Against the Charter,"
and in the event that a majority of all votes cast thereon, shall be "For the Charter" said charter
shall be adopted.
ARTICLE XV
Civil Service
SECTION 1. The general purpose of this charter amendment is to establish for the City of
Yakima a system of personnel administration based on merit principles and governing the
appointment, promotion, transfer, layoff, removal, discipline and welfare of its employees, and
other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed as
follows:
(a) "Commission" means the civil service commission herein created, and "Commissioner" means
any one of the three members of any such commission.
(b) "Appointing power" --Appointing power means the officer or person, board or committee who
is empowered to make appointments for employment in the city civil service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person to any
office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima, Washington, either
on a part-time or full-time basis with the exception of those persons listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be composed of
three persons. The commission members shall be appointed by the City Council in the following
manner:
(a) One member shall be appointed by the City Council.
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(b) The second member shall be appointed by the City Council from a list of three names
submitted to the Council chosen by a referendum of city employees, excluding police and firemen.
The City Clerk shall conduct the referendum and shall formulate proper rules and regulations for
said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted to the
council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is selected
and qualified, except that the first three members of the commission shall be appointed for
different times, as follows: The appointee from the employee referendum list shall serve for a
period of six years, the appointee at large as designated in subsection (a) above to serve for a
period of four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed from office
for incompetence, incompatibility, or dereliction of duty, or malfeasance of office, or other good
cause; provided, that no member of the commission shall be removed until charges have been
preferred, in writing, due notice, and a full hearing held before the City Council. Any vacancy in
the commission shall be filled in the same manner as provided for selecting the commissioner
previously filling the vacancy. Two members of the commission shall constitute a quorum and the
votes of any two members concurring shall be sufficient for the decision of all matters and the
transaction of all business to be decided by the commission. No member of the civil service
commission shall engage in active partisan or non-partisan politics and hold any salaried public
office or engage in city employment, other than his commission duties. The members of the
commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by electing one
of its members chairman and shall hold regular meetings at least once a month, and such
additional meetings as may be required for the proper discharge of its duties. All meetings of the
commission shall be open to the public. It shall appoint a chief examiner who shall also serve as
secretary of the commission and such assistants as may be necessary. The chief examiner shall
keep the records for the commission, preserve all reports made to it, superintend and keep a
record of all examinations held under its direction and perform such other duties as the
commission may prescribe. The chief examiner shall be appointed as a result of competitive
examination, which examination may be either original and open to all properly qualified persons,
or promotional and limited to persons already in the service of the City of Yakima, Washington.
The chief examiner shall be subject to suspension, reduction, or discharge in the same manner
and subject to the same limitations as are provided in the case of members of the classified
service. A pay and classification plan with job descriptions providing equal pay for equal work
shall be devised by the chief examiner with the cooperation and approval of the civil service
commission which shall be submitted in ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules
and regulations shall provide in detail the manner in which examinations may be held, and
appointments, promotions, transfers, reinstatements, demotions, suspensions, and discharges
shall be made, and may also provide for any other matters connected with the general subject of
personnel administration, and which may be considered desirable to further carry out the general
purposes of this Article, or which may be found to be in the interest of good personnel
administration. The rules and regulations and any amendments thereof shall be printed,
mimeographed, or multigraphed for free public distribution. Such rules and regulations may be
changed from time to time. Prior to adoption of new rules or changes in existing rules all interested
parties shall be given an opportunity to express opinions concerning the proposed rules at the
regular public meetings of the commission.
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(b) To give practical tests which shall consist only of subjects which will fairly determine the
capacity of persons examined to perform duties of the position to which appointment is to be
made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and to report upon all matters concerning the enforcement and effect
of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all
departments, offices, places, positions, and employments affected by this Article, and ascertain
whether this Article and all such rules and regulations are being obeyed. Such investigations may
be made by the commission or by any commissioner designated by the commission for that
purpose. Not only must these investigations be made by the commission as aforesaid, but the
commission must make like investigation on petition of any citizen, duly verified, stating that
irregularities or abuses exist, and setting forth in concise language, in writing, the necessity for
such investigation. In the course of such investigation the commission, or the chairman or chief
examiner when authorized by a majority vote of the commission, may issue subpoenas to compel
the attendance at such place as may be designated in this City of witnesses and the production
of books and papers pertinent to any inquiry or investigation authorized by this Article; or may
take depositions of witnesses. Subpoenas shall also be issued at the request of the parties to the
proceedings other than the commission and the chairman. The commission or any member
thereof, or the chief examiner, when authorized by the commission, may administer oaths and
take testimony. The commission or the chief examiner may examine such public records, as they
require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the rules of
practice and procedure adopted by the commission, and in the conduct thereof neither the
commission, nor designated commissioner shall be bound by technical rules of evidence. No
informality in any proceedings or hearing, or in the manner of taking testimony before the
commission or designated commissioner, shall invalidate any order, decision, rule, or regulation
made, or confirmed by the commission; provided, that no order, decision, rule or regulation made
by any designated commissioner conducting any hearing or investigation alone shall be any force
or effect whatsoever unless and until concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions, the
rejection of an examinee, and such other matters as may be referred to the commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative qualifications of
persons who seek employment in any class or position, and as a result thereof establish eligible
lists for the various classes of positions, and provide that persons laid off because of curtailment
of expenditures, reduction in force, and for like causes, head the list in the order of their seniority,
to the end that they shall be the first to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing authority, when
a vacant position is to be filled, on written request, the names of the three persons highest on the
eligible list for the class. Any one of the three persons so certified may be appointed. If there is
no such list, to authorize a provisional or temporary appointment list for such class. Such
temporary provisional appointment(s) shall not continue for longer than five months in any one
fiscal year.
(h) To keep such records as may be necessary for the proper administration of this Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be applicable
to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective offices.
(b) Members of boards and commissions and the City Administrator;
(c) Employees under civil service coverage within the police and fire departments;
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(d) All department heads; one confidential secretary and one administrative assistant for each of
the Mayor and City Administrator;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a temporary and
special inquiry, investigation, or examination on behalf of the City Council or a committee thereof,
or by authority of the Mayor.
SECTION 7. All appointments to and promotions to positions in the classified civil service
of the City of Yakima shall be made solely on merit, efficiency, and fitness, which shall be
ascertained by open competitive examination and impartial investigation. No person in the
classified civil service shall be reinstated in or transferred, suspended, or discharged from any
such place, position, or employment, contrary to the provisions of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position which is
deemed classified under SECTION 6 for a continuous period of six months prior to the effective
dates of this Article, and still currently employed, are eligible for permanent appointment under
civil service to the offices, places, positions or employment which they then held without
examination or other act on their part, and not on probation; and every such person is
automatically adopted and inducted permanently into civil service, into the office, place, position
or employment which he then held as completely and effectual to all intents and purposes as if
such person had been permanently appointed thereto under civil service after examination and
investigation.
SECTION 9. The tenure of every person holding an office, place, position or employment
under the provisions of this Article shall be only during good behavior, and any such person may
be removed or discharged, suspended without pay, demoted or reduced in rank, for any of the
following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the
public, or a fellow employee, or any other act of omission or commission tending to injure the
public service; or any other willful failure on the part of the employee to properly conduct himself;
or any willful violation of the provisions of this Article or of the rules and regulations to be adopted
hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid,
or preparation to such extent that the use thereof interferes with the efficiency or mental or
physical fitness of the employee or which precludes the employee from properly performing the
function and duties of any position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is sufficient
to show the offender to be an unsuitable and unfit person to be employed in the public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the appointing
power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall
be served upon the accused; and a duplicate filed with the commission. Any person so removed,
suspended, or demoted may within ten days from the time of his removal, suspension, or
demotion, file with the commission a written demand for an investigation, whereupon the
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commission shall conduct such investigation. The investigation shall be confined to the
determination of the question of whether the removal, suspension, or demotion was made in good
faith for cause. After such investigation the commission may affirm the removal, or if it finds that
removal, suspension or demotion was not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or employment from
which he was removed, suspended, or demoted, which reinstatement shall, if the commission so
provides be retroactive, and entitle such person to pay or compensation from the time of the
removal, suspension, or demotion. The commission upon such investigation in lieu of affirming a
removal, may modify the order by directing a suspension without pay, for a given period, and
subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the
commission shall be certified, in writing to the appointing power, and shall be forthwith enforced
by such officer. All investigations made by the commission pursuant to this SECTION shall be by
public hearing, after reasonable notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and
presenting his defense. The subpoena provisions of SECTION 5 of this Article shall apply to all
such hearings. If the order of removal, suspension, or demotion is concurred in by the commission
or a majority thereof, the accused may appeal therefrom to the superior court of the county
wherein he resides. Such appeal shall be taken by serving the commission,within thirty days after
the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that
a certified transcript of the record and of all papers on file in the office of the commission affecting
or relating to its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court. The court
shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing
shall be confined to the determination of whether the order of removal, suspension, or demotion
made by the commission, was or was not made in good faith for cause, and no appeal shall be
taken except upon such ground or grounds. The decision of the superior court may be appealed
to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the names
and addresses of persons eligible for appointment thereto. The commission shall certify the
names of three persons highest on the eligible list for the class to which the vacant position has
been allocated, who are willing to accept employment. In case of more than one vacancy in a
particular class one additional name shall be certified for each additional vacancy. If there is no
appropriate eligible list for the class, the commission shall certify the name of three persons
standing highest on the list held appropriate for such class. The appointing power shall forthwith
make its appointment to the vacant position from the list of persons so certified. To enable the
appointing power to exercise a choice in the filling of positions, no appointment, employment, or
promotion in any position in the classified service shall be deemed complete until after the
expiration of a period of six months probationary service, as may be provided in the rules of the
civil service commission, during which the appointing power may terminate the employment of
the person certified to him, if during the performance test thus afforded, upon observation or
consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory
for employment by the City of Yakima. Thereupon the appointing power shall select from the three
persons certified as standing next highest on any such list and such person shall likewise enter
upon said duties for the probationary period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the appointment, employment, or promotion
shall be deemed complete.
SECTION 12. All offices, places, positions, and employments coming within the purview
of this Article shall be filled by the appointing power; nothing herein contained shall infringe upon
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the authority that the City Council may have to fix the salaries and compensation of all employees
employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this
Article shall approve the payment of or be in any manner concerned in paying, auditing, or
approving any salary, wage, or other compensation for services, to any person subject to the
jurisdiction and scope of this Article, unless a payroll, estimate, or account for such salary, wage,
or other compensation, containing the names of the persons to be paid, the amount to be paid,
and any other information which, in the judgment of the civil service commission, should be
furnished on such payroll, bears the certificate of the civil service commission, or of its chief
examiner or other duly authorized agent, that the persons named therein have been appointed or
employed in compliance with the terms of this Article and the rules of the commission, and that
the payroll, estimate, or account is, insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of any public officer or employee whom
it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any
public officer or employee who willfully or through culpable negligence, violates or fails to comply
with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission. The commission
shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any position
in classified service of the City shall not be withheld because of his race, color, religion, national
origin, political affiliation or belief, nor shall any person be dismissed, demoted, transferred or
reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any person
under civil service or promise or threaten so to do for giving or withholding, or neglecting to make
any contribution of money, or services, or any other valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in carrying
out the provisions of this Article, and such rules and regulations as may, from time to time, be
prescribed by the commission and afford the commission, its members, and employees, all
reasonable facilities and assistance in the inspection of books, papers, documents, and accounts
applying or in any way appertaining to any and all offices, places, positions, and employments,
subject to civil service, and also shall produce such books, papers, documents, and accounts,
and attend and testify, whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a sum
equal to one half of one per cent of the preceding year's total payroll of those included under the
scope of this Article. The funds so provided shall be used for the support of the commission. The
City Council may provide additional funds for such purpose; any part of the funds so provided and
not expended shall be placed in the current expense fund on the first day of January following the
close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday in
June, 1959.
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SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be held
to be invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity
or constitutionality of any other SECTION, sentence, clause, or phrase of this Article.
As adopted by vote of the people on February 11, 2020. Effective January 1 of the year
immediately following the first swearing in of a duly elected Mayor following the election enacting
this charter.
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CITY LEGAL DRAFT
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RESOLUTION NO. R-2019-
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima, at a special election to be
held therein on February 11, 2020, of a Proposition on whether Articles I,
II, IV, VI, VII, VIII, XIII, XIV, and XV of the Charter of the City of Yakima
should be amended to abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government; making
ancillary and corrective amendments throughout the Charter to
accommodate the change in the form of government; and requesting the
Yakima County Auditor to call a special election.
WHEREAS, Chapters 35.18 and 35.22 of the Revised Code of Washington (RCW)
authorizes first class cities of the State of Washington to amend and revise their charters to
abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form
of government, upon approval by a majority of the qualified voters of the city voting in a special
election called for that purpose; and
WHEREAS, an amendment of the charter may be initiated by the City Council through the
passing and approval of a resolution directing that a proposition be submitted to the qualified
voters in the City on whether the City should adopt an amended charter abandoning and
abolishing the Council-Manager form of government and adopting the Mayor-Council form of
government pursuant to amended City Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with
ancillary amendments throughout the City Charter to accommodate the change in the form of
government; and
WHEREAS, the City Council desires to hold a special election in the City of Yakima on
February 11, 2020, for the purpose of submitting to the qualified voters of the City the proposition
of whether the City of Yakima should abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government pursuant to amended Charter
Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with ancillary amendments throughout the City
Charter to accommodate the change in the form of government; and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City the
proposition of whether the City of Yakima should abandon and abolish the Council-Manager form
of government and adopt the Mayor-Council form of government, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the special election shall be in the form of a ballot title
as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO
ABANDON AND ABOLISH THE COUNCIL-MANAGER FORM OF GOVERNMENT AND
ADOPT THE MAYOR-COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF
YAKIMA, AND MAKE FURTHER AMENDMENTS COMMENSURATE THEREWITH
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PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure
would amend Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV to abandon and abolish the
Council-Manager form of government and adopt the Mayor-Council form of government.Adoption
of the proposition will also make ancillary amendments throughout the Charter to accommodate
the change in the form of government. Should this proposition be approved?
YES f ]
NO f ]
2. The City Clerk is authorized and directed to file a certified copy of this resolution with the
Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct a special election to be held
in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified
voters of the City of Yakima the proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this 19th day of November, 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
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ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now established,
or as hereafter established, shall continue to be the body politic and corporate by name of City of
Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may
sue and be sued; may acquire property within or without its boundaries for municipal purposes by
purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control
such property as its interests may require, except that property purchased for park purposes shall
be within the city limits; and except as prohibited by the constitution of the State of Washington,
or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights,
privileges and immunities of every name and nature whatsoever pertaining to cities of the first
class within the State of Washington.
SECTION 2. This entire charter amendment and each article, section and subsection
thereof inclusive shall become effective and enforceable on behalf of the City of Yakima on
January 1 of the year immediately following the first swearing in of a duly elected Mayor following
the election enacting this charter, and shall continue to be so until further amendment is adopted.
If any provision or part of this proposed charter amendment, or its application to any person or
circumstance is held invalid, the remainder of the proposed revisions or parts thereof, or the
application of the provision or parts to other persons or circumstances, is not affected, and to this
end the provisions andtor parts of this proposed charter amendment are declared to be severable.
The enumeration of particular powers by this charter shall not be held or deemed to be exclusive,
but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise
thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution
and laws of the State of Washington it would be lawful for said charter specifically to enumerate.
All powers of the City, whether express or implied, shall be exercised in the manner prescribed
by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or
resolution of the City Council. Furthermore, all powers of the City, unless otherwise provided in
this charter, shall be exercised by the Mayor and City Council in a Mayor-Council form of
government. They shall be subject to the control and direction of the people at all times by the
initiative, referendum and recall provided for in this charter.
ARTICLE II
Officers Elective Officials, Qualifications, Authorities and Responsibilities — Mayor-
Council- g . Form of Government
SECTION 1. A. The elective officials of the City of Yakima shall consist of a Mayor and
seven Council members, who shall all be residents and qualified electors of the City and shall not
hold any other public office while serving as an elective official of the City except that of Notary
Public or member of the military branch of the state or federal government. The Mayor shall be
the chief executive officer of the City. Beginning with the elections for the Yakima City Council to
be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015
general election, all elections for the Yakima City Council will be conducted using a system in
which each of the seven members of the City Council is elected from a single-member district.
Each Council member must reside in his or her district, and only residents of a given district may
vote for the Council member position for that district.
B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered by the
Court in United States District Court for the Eastern District of Washington Case No. 12-CV-3018-
TOR ("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and tables showing the
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boundaries of the seven single-member districts and their populations were attached as Exhibit
A to the Final Injunction.
C. The City shall take all steps necessary to implement the seven single-member district
plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in order to allow
single-member district based elections to proceed in 2015 and thereafter, provided that the City
of Yakima may revise those districts based on annexations, de-annexations, and population
changes reflected in the decennial census and at appropriate times in the future when necessary
to conform to state and federal law.
D. In order to preserve the staggered election plan for members of the City Council, in
elections held for the City Council in 2015 the odd numbered districts were set for a four-year
election cycle and even numbered districts were set initially for a two-year term and are set
thereafter for a four-year election cycle.
E. Future redistricting shall be done in a manner that complies with the terms and intent
of the Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12-CV-
3108-TOR, continues to provide for single-member districts, and complies with Section 2 of the
Voting Rights Act.
F. City Council Election: At the primary election, each qualified voter of each district may
cast only one vote for a City Council candidate. The names of the two candidates from each
district for whom the largest number of votes are cast at the primary election shall appear on the
general election ballot for that district.
Mayoral Election: At the primary election, each qualified voter of the City may cast one
vote for a Mayoral candidate. The names of the two Mayoral candidates for whom the largest
number of votes are cast at the primary election shall appear on the general election ballot for
City-wide vote. The mayoral term shall be for four years, provided, however,that should a mayoral
election be held during an even-numbered year pursuant to a special election, the first mayoral
term shall be for three years.
G. In the event the Mayor, as an elected official of the City, moves theft place of residence
outside of the City, or any Council member elected or appointed to a district position moves that
member'stheir place of residence outside the district boundary from which that person
was nominated or appointed, then the Mayor orthat Council member shall forfeit the office of
Mayor or Council member and the position held by the Mayor or member shall be deemed to be
vacant. A Council member shall not be disqualified from his or her current term of office if district
lines are changed, thereby causing the Council member to live outside his or her respective
district. When this change in district lines affects a current Council member, that person shall be
allowed to complete his or her current term of °Mee.Jn the event a vacancy occur ay meson
but such appointee shall hold office only until the next regular municipal election, at which time a
unexpired term for that position.
SECTION 2. The Council shall constitute the legislative branch and authority of the City
government and shall have power to adopt rules of order and regulations for the conduct of its
business.
SECTION 3. A. One of the seven elected Council members shall be the Council President,
chosen as provided by Section 4 A of this Article II. Any elective official that ceases to possess
any of the qualifications specified in general law or in this charter or is convicted of a felony or of
a crime involving moral turpitude while in office shall immediately forfeit that official's office.
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B. Provision for the time and manner of election of the Mayor and Council officials, and
the conduct of such biennial elections, shall be governed by general state laws, by this charter,
and by applicable ordinances nf the City ox they may be enacted from time totime.
C. The annual salaries of the Mayor, Council President and each Council member shall
be as set forth in City ordinance. The salaries of the office of Council President and each Council
member may be increased or decreased from time to time by ordinance, but any change in the
compensation attached to that office shall not be applicable to the term then being served by the
incumbent.
D. The office of Mayor, Council President or any Council member shall be deemed vacant
if any o[ the following occur:
1 . failure to qualify within ten days after certification of election or as otherwise
provided by state law, v|
2. death, or
J. resignation, or
4. removal from office by recall, or
5. failure tu maintain residency requirement uf the office, or
6. absence from four consecutive regularly scheduled meetings of the city council
without being excused by the council, or
/. conviction nfo felony vra crime v[ moral turpitude, or
8. judiciallydeclared incompetency
In the event of a vacancy in the office of Mayor, the members of the Council shall elect
one of their numberto the vacant office of Mayor for the unexpired term and shall then followthe
procedure set forth in this Section to appoint a person to the Council position left vacant by the
person assuming the office of Mayor. In the case of the temporary absence vr disability nf the
Mayor, the Council President shall be the Mayor Pro Ternpore and perform the duties of Mayor.
The Mayor Pro Tempore shall not havethe power to appointor remove any officer, or to veto any
acts ef the City Council.
In the event a vacancy occurs in the City Council positions for any reason, the vacancy in
the district shall be filled by the appointment of some qualified person who is a resident of that
district by a majority vote of the remaining members of the Council, but such appointee shall hold
office only until the next regular municipal election, at which time a qualified person who is a
resident of that district shall be elected to serve for the remainder of the unexpired term for that
position. If, after 30 days have passed since the occurrence of a vacancy, the Council is unable
to agree upon a person to be appointed to fill a vacancy in the Council, the Mayor shall make the
appointment from among the persons nominated by members of the Council.
SFCTION 4. A. The Council shall choose its own eha4R%a-st-Council President at its first
meeting and at the first meeting the newly elected Council following noch:ubucqucnt
biennial elections. The Council Prosidon
shall preside at all meetings of the Council and shall also
set the Council Agenda for each meeting held by the Council. The Council President shall be a
member of the City Council with equal rights and privileges and shall be entitled to vote on all
matters coming before the Council. The Council President shall not possess any veto power. The
Council President shall have the powers and perform the duties conferred upon him by this
charter. the City Council and the ordinances of the City. andinnpo:odby this charter and the
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Ifa vacancy occurs in the office of unci|
President, orin case ofthe vund| President's absence or disability, a Mayor Council
President pro tenn shall be elected by the Council from its members to act as Council
President for the unexpired term or during the continuance of the absence or disability. In the
case of a permanent vacancy, the Council shall then follow the procedure set forth at Section 3
D to appoint a person to the Council position left vacant by the person assuming the office of
Council President pro tem.
B. Four Council members shall be o quorum for the transaction of business. In the
absence of a quorum the members present at a meeting may adjourn the meeting to a later date.
SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must
hold at least two regular meetings each month. The Clerk shall call special meetings of the Council
upon written request of the Council President or a majority of the Council members.
Requests for special meetings shall state the subjects to be considered and no final action may
be taken with respect to any other subject during aspeoia| nneetinQ
. All meetings of the Council and of committees thereof
shall be open to the public, and the rules of the council shall provide that citizens of the City shall
| have a reasonable opportunity to be heard at any regular meetings in regard to any matter being
considered thereat.
serve during the pleasure of the Council.
SECTION 7. The Council -.hal| appoint ae officer \vhv:c title -hail be City Manager and
quaVication. No person elected to membership on the Council -.hali, -subsequent tv such election,
the term for which elected. Before entering upon the duties of the office, such City Manager shall
by the Council.
SECTION 0. The Ci1} Manager -.ha|| bo appointed for an indefinite term and may be
the reasons therefor. U°onpaaaage of the /*»n|u1'on stating the Cound[
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thirty dayc from the data of service upon the City Manager of a copy thereof, reply in writing to
the thirty first day from the date of such service constitute the final resolution removing the City
(1) To have general supervision over the administrative affairs of the municipality;
officers and employees who are subject to Civil Service or merit cystoms of the City of Yakima
•
consent of the City Manager;
•
(`nwill-210? tacit • �q vter t,---��.»7iataJFa��1^ 'iR4.evIE?r-+a-fi ,c -emergary;
expedient;
may deem it advisable to submit;
nancial co dition of the City or town and its future
needs
SECTION -B.
ri1 The Mayor shall appoint a
City Administrator to assist in the general administration of the City. The specific responsibilities
of the City Administrator shall be determined by the Mayor. Administrative departments shall be
created and discontinued by the City Council as the public business may demand. Pending further
action by the City Council, the administrative departments now in existence shall be continued.
The rights, powers and duties of the departments shall be prescribed, distributed, assigned,
established or discontinued by ordinance.
SECTION 7.11. The Mayor shall be the chief executive officer of the City. The position of
Mayor is a full-time position. The Mayor shall not accept or hold employment that would prevent
the Mayor from being available at City offices during the hours the offices are open to the public,
that would prevent the Mayor from regularly attending Council meetings and other meetings as
may from time to time be required, or that would interfere with any other conditions or duties of
the office as set by ordinance. In addition to the powers and duties granted a chief executive
and±or administrative officer under the laws of the State of Washington, the Mayor shall have the
following powers and duties:
A. The power to appoint and remove the administrative heads and assistant administrative
heads in each department of the City government, provided the appointment, but not the
removal, of an administrative head and assistant administrative head shall be subject to
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the approval of the City Council and, further provided, that the head or assistant head of
any department shall not be deprived by any such removal of any standing under the civil
service provisions of this charter which the employee may have had before appointment
as head or assistant head of a department. City residency shall not be a requirement for
these positions.
B. The povver to appoint and remove a city clerk, provided such appointment, but not
removal, shall besubject tv the approval nf the City Council. City residency shall not bno
requirement for this position.
C. The povver to appoint and remove a city attorney, provided such appointment, but not
removal, shall besubject to the approval vf the City Council. City residency shall not heo
requirement for this position.
D. The po"ier to appoint and remove, subject to the civil service provisions of this charter, all
other officers and employees of the City of Yakima or to authorize the head of a
department or officer responsible tothe Mayor tv appoint and remove subordinates in
such department oroffice.
E. The power to make all other appointments required to be made by the Mayor by the la"'5
of the State of Washington and in the manner provided hereby.
F. The power to appoint and remove a City Administrator, provided such appointment, but
not removal, shall be subject to the approval of the City Council. Residency within the City
shall not be a requirement for this position. The City Administrator, under the general
supervision ofthe Mayor, shall assist the Mayor, and in the discretion of the Mayor shall
supervise the administrative offices and shall perform such other duties as are delegated
tn the position hy the Mayor from time tn time. The salary vf the City Administrator shall
be fixed in the discretion of the Mayor but shall not exceed one hundred ten percent of the
salary of the highest paid employee of the City (other than the Mayor, the municipal court
judges or said City Administrator) or such higher amount as set by the City Council, from
time totime.
G. The power to appoint and remove an executive secretary and assistants who are not
subject to civil service. City residency shall not be a requirement for these positions.
H. Whenever the City Council shall be required to appoint any member of a board,
committee, commission or other body, unless the appointee must be a Council member, it
shall be the duty of the Mayor to nominate a suitable person for such appointment. City
residency may be required for these positions and shall be specifically stated in statute
and,'or ordinance. If the City Council refuses to appoint any nominee of the Mayor, then
the Mayor shall, within forty five days thereafter, nominate another person to fill the office,
and may continue to nominate until Council appointment. If the Mayor fails tomake
another such nomination Wthin forty five days, then the City Council shall select a suitable
person tn fill the office.
|. The povver to remove a Council appointee, other than a Council member appointee, from
a board, committee orcommission. Upon such removal, the vacancy for the unexpired
term, if any, shall be filled by appointment in the same manner as if at the beginning of the
term, except axvtherWse provided in this charter.
J. The duty to see that all laus and ordinances are faithfully enforced and that law and order
are maintained in the City.
K. The duty 10 annually, at the first meeting nf the City Council in October, communicate by
message tu the City Council y statement of the conditions and affairs of the City, and tu
recommend the adoption of such measures he or she may deem expedient and proper.
The Mayor shall make special communication to the City Council from time to time as he
or she may deem useful and proper, and shall submit reports on City matters when 50
requested by the City Council.
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L. The duty to prepare and present te the City Council m budget and a budget message
setting forth the programs proposed for the City during the next fiscal year. Budget
preparation and presentation shall comply with applicable state 5tatute5, City Charter and
City Ordinance provisions and shall generally include a budget forecast presented to the
Council by mid-October, a preliminary budget presented to the Council before November
1. and m final budget presented to Council no later than the final December City Council
meeting v[ each year.
M. The power to recommend to the City Council for adoption such measures and ordinances
as may be deemed expedient and to make such other recommendations to the City
Council concerning the affairs vf the City as may seem desirable.
N. The power te veto ordinances or parts of ordinances passed by the Council and submitted
to him or her as provided herein; provided that such veto may be overridden by the vote
o[ a majority of all Council members plus one more vote.
[). The power tv make investigation into the affairs nf the City under the supervision nfthe
Mayor or any department or division, or the proper performance of any contract or
obligation running 10 the City v[ Yakima.
P. The power to make recommendations in connection with the awarding of public contracts
and see that all contracts made by the City of Yakima are faithfully performed.
Q. The duty to approve for payment and submit to the City Council at each meeting for its
allowance all claims and bills. To the extent specifically approved and provided for in
ordinance the Mayor may have limited authority to pay claims and bills in amounts less
than or equal to those specifically provided by ordinance vothout first obtaining Council
approval.
R. The authority to execute contracts and execute settlement agreements on behalf of the
City so long as said contracts and settlement agreements have been previously approved
by Council. To the extent specifically approved and provided for in ordinance the Mayor
may have limited authority to execute contracts and settlement agreements in amounts
less than or equal to those specifically provided by ordinance v'ithout first obtaining
Council approval.
S. The Mayor shall not vote on any matters before the Council for consideration.
T. The Mayor shall have nv authority tv increase or reduce taxes; the Mayor shall possess nn
taxing authority un behalf o[the City.
clepartment orofficc, re-_pon,-iblc to the City Manager to appoint and remove --ubordinatc-_
Manager or other appointing officef --hall be final and there --hall be no opportunity for
/oquc:t the zppointnocntef any pof:vn to, o/ removal from, office by the City Manager o/ any v!
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SECTION 14. The City Manager and other officers, assistants and employees, shall
SECTION ;--'w. Nothing in this Article shall affect the pension or Civil Service or merit
system of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and method of
holding and calling municipal elections, both general and special, shall be according to State law.
All municipal elections shall be non-partisan and by the qualified electors of the City.
ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation herein before
provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a)A petition signed by registered and qualified electors of the City, accompanied by the proposed
legislation in the form of a proposed ordinance and requesting that such ordinance be submitted
to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number of votes
cast at the last general City election and the number of signers of such petition, and shall present
such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum of the
total number of votes cast at the last preceding general city election, the City Council, within
twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass
such ordinance without alteration, or refer it to a popular vote at a special election which must be
held at the first available opportunity in accordance with the provisions of State law for special
municipal elections: Provided, however, that if any other municipal election is to be held more
than thirty days but within ninety days after the filing of the petition, said proposed ordinance shall
be submitted without alteration to be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed by
qualified electors equal in number to ten per centum of the entire vote cast at the last preceding
general city election shall be filed with the City Clerk, protesting against the enactment of such
ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the
City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City
Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same,
shall submit it to popular vote at the next municipal election; or,the City Council may call a special
election for that purpose as such elections are permitted by state statutes'
; and such ordinance shall not take effect,
unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof.
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SECTION 4. The City Council may submit to popular vote for adoption or rejection at any
election any proposed ordinance in the same manner and effect as provided in this article for
submission on petition.
SECTION 5. There shall not be held under this article more than one special election in
any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for carrying
out the provisions of this article not inconsistent herewith.
ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed thereto, may
be removed from such office by recall proceedings as provided by the laws of the State of
Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city office or
employment within two years after such removal or resignation.
ARTICLE VI
Ordinances; Additional Powers and Limitations on Officers
SECTION 1. A. At all meetings of the City Council every resolution and ordinance shall be
in writing and read aloud by title before a vote is taken thereon; provided, at the request of a
majority of Council members present, a resolution or ordinance shall be read aloud in its
entirety before a vote is taken thereon. Upon every vote the yeas and nays shall be called and
recorded. All ordinances, except ordinances making appropriations or codifying or rearranging
existing ordinances, shall be confined to one subject, which shall be clearly expressed in the title.
Ordinances making appropriations shall be confined to the subject of appropriations. The enacting
clause of all ordinances shall be, "Be it ordained by the City of Yakima."
B. Every ordinance, except those which become emergency ordinances, passed by the
City Council shall, within five days thereafter, be presented to the Mayor.
C. Within ten days after its presentation, the Mayor shall either sign the ordinance and
return it to the City Clerk, or veto the ordinance and return it to the City Clerk with a written and
signed statement of the reasons for the Mayor's veto, or sign and partially veto an appropriation
ordinance and return it to the City Clerk with a written and signed statement of the reasons for the
partial veto. If an ordinance is not returned by the Mayor within ten days after its presentation, it
shall be deemed enacted without the Mayor's signature. Within thirty days after an ordinance has
been vetoed and returned or partially vetoed and returned, the City Council may override the veto
or partial veto by enacting the ordinance by an affirmative vote of the majority plus one vote.
D. Every ordinance enacted by the City Council shall be signed by the Mayor, or the
Council President or two City Council members in the event of prior Mayoral veto, attested by the
City Clerk and recorded in a book kept for that purpose.
SECTION 2. A. Ordinances making the annual tax levy or relating to local improvements
or assessments therefore, or making appropriations, emergency ordinances, or ordinances
adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances
shall take effect 30 days after the date of the enactment and publication thereof as herein
provided.
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B. An ordinance which is subject to the veto power of the Mayor and which is not vetoed,
or the approved portions of an ordinance which has been partially vetoed, shall be deemed
enacted on the date that it is approved by, or ten days after it is presented to, the Mayor. An
ordinance which is vetoed, or the vetoed portions of an ordinance, shall be deemed enacted on
the date that the City Council overrides the veto or partial veto. An ordinance which is not subject
to the veto power of the Mayor shall be deemed enacted on the date it is approved by the City
Council.
C. An emergency ordinance is one to provide for the immediate preservation of the public
peace, property, health or safety. The unanimous vote of the City Council shall be necessary for
the passage of an emergency ordinance, which shall not be subject to veto by the Mayor. No
measure making or amending a grant, renewal or extension of a franchise or other special
privilege shall ever be passed as an emergency measure.
SECTION 3. Upon its final passage,
purpose. Tthe number and title of each ordinance enancted .. by the City Council, with
certificate as herein provided, attached thereto shall be published once in the official newspaper
of the city. Said certificate shall be signed by the City Clerk and shall be in substantially the
following form: "Ordinance No. bearing above title, was duly and regularly passed by the
City Council of the City of Yakima, Washington, on the day of 20_, and
is now on file with the undersigned at the office of the City Clerk, where the same is open to the
public inspection. Dated . City Clerk."
SECTION 4. Members of thc City Council shall be qualified electors of thc City, and shall
SECTION 46. No elective official, officer or employee of the City shall solicit or receive
any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly
or indirectly from or by reason of any improvement, alteration or repair, or purchase of materials
required by the City, or any contract to which the City shall be a party, except his lawful
compensation or salary as such officer or employee. A violation of any of the provisions of this
SECTION shall disqualify the offender to continue in office or employment and he shall be
forthwith removed.
SECTION 56. Any purchase of supplies, material, equipment or services, except for public
work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within
the limits established by State law shall be made upon call for bids in the same method and under
the same conditions as required herein on a call for bids for public work or improvement. This
monetary limit for the purchase of supplies, material, equipment and services may be increased
from time to time, but no more often than one time in any twenty-four month period, by ordinance
enacted by the vote of no less than a two-thirds majority of the City Council members, up to, but
in no case to exceed any amount allowed by State law. In the event of an emergency declared
by resolution of the City Council, any purchase of supplies, material, equipment or service may
be made without calling for bids.
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SECTION 6;. In addition to the provisions of the general law the City Council may by
ordinance create and establish special funds into which all monies received for a special or
specific purpose may be placed: Provided, however, that such fund or funds shall be other than
those deriving revenue from taxation.
SECTION 78. There shall be a dedicated street overlay and reconstruction fund, reserved
for the enhancement in quality and value of City street infrastructure, of no less than Two Million
Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two
Million Dollars shall be adjusted annually in accord with the annual change in the June U.S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers
(CPI-U) West Region. The City Council shall make no other use of this fund than as is provided
in this Section.
SECTION BS. There shall be a dedicated public parks and recreation capital fund,
reserved for the construction and rehabilitation of City public parks and recreation facilities, of no
less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This
dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually
in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics
Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall
make no other use of this fund than as is provided in this Section.
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of January and
end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and collect
taxes upon all the real and personal property (not exempt from taxation) within the City for the
corporate uses and purposes thereof and provide for the payment of the debts and expenses of
the City; provided that after January 1, 2014, any new councilmanic tax may be assessed, levied
or increased only by a minimum affirmative vote of five members of the City Council. The Mayor
shall have no authority to assess or levy any taxes en behalf of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall be taken
and apportioned by the City Council from the current expense fund which for any one year shall
not exceed the statutory limits established by State law on each dollar of assessed valuation of
the property within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore or hereafter
authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter bets required by
general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
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SECTION 5. All City funds shall be administered by the City Council; and boards or
committees selected by the City Council to assist in the management of any municipal activities,
if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any corporation,
person or society not expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1. The City Council may appoint advisory boards, committees and commissions
as may be deemed helpful and necessary to the City Council to assist in administering the City's
operation and programs, including but not limited to parks, playgrounds and city planning. The
City Council shall have full charge of the budgets for such purposes and shall by ordinance
regulate the organization and duties of such boards, committees and commissions, and may
provide that any monies acquired by donation, bequest or from leases or concessions, fines, or
penalties shall be used in addition to the amount set aside in the annual budget out of the tax
levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and make
provisions for the control, management and operation of all public utilities owned and operated
by the City, or which may hereafter be acquired by the City in the manner provided by law, or
which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the financing
and repair, replacement, rehabilitation or extension of any public utility owned and operated by
the City, provided, however, that such financing shall be arranged upon the credit of the utility
itself and not upon the issuance of general obligation bonds of the City.
ARTICLE X
Claims
SECTION 1. Claims for damages and the filing of such claims against the City, its officers,
employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges, or
public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a provision
that the City may acquire the public utility for the exercise of which the franchise is granted, either
by agreement or by condemnation, and that upon such purchase by the City, either by agreement
or condemnation, no value of the franchise itself shall be taken into account in fixing the price to
be paid by the City for such utility.
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SECTION 4. No franchise shall be granted by the City for a longer term than twenty-five
years.
SECTION 5. No franchise shall be renewed or extended earlier than three years prior to
its expiration.
SECTION 6. No franchise shall be granted without provision for proper compensation to
the City. Such compensation shall when feasible be a percentage upon the gross earnings of the
person or corporation to whom such franchise is granted arising from the exercise of such
franchise. When the determination of the gross earnings by the exercise of the franchise is not
feasible the ordinance granting said franchise shall prescribe such other mode of determining the
compensation to be paid the City by the grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall submit to
the City Council within sixty days after the first day of January of each year, an annual report
verified by the oath of such person or the president, treasurer or general manager of such
corporation, which shall contain such detailed information as may be prescribed by the City
Council to enable it to determine the amount of compensation to be paid to the City for the use of
said franchise during the preceding year. Any such person, persons, or corporations which shall
refuse or fail to make any such report within the time specified shall be liable to a penalty
established in accord with State law, ordinance and specific franchise agreements for each and
every day during which he or it shall fail to file such report, such penalty to be sued for and
recovered by the City in any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or otherwise
alienated without the express consent of the City Council by ordinance passed for that purpose,
and no rule of estoppel shall ever be invoked against the City in case it shall assert the invalidity
of any attempted transfer in violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban railroad or
bus line shall provide that all United States mail carriers, city officials, policemen and firemen shall
at all time while in the actual discharge of their duties be allowed to ride upon such cars or buses
under said franchise without paying therefore, and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as granted by
any ordinance except when expressed therein in plain and unambiguous terms, and if any
ambiguity appears therein it shall be construed in favor of the city and against the claimant under
said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way, subject,
as to the amount and manner of incurring indebtedness, to the provisions and limitations of the
constitution and laws of the state and this charter; and subject to the same provisions and
limitations, the City may issue bonds to secure any existing or contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by ordinance
may authorize any indebtedness and the issuance of bonds.
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ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of the
State of Washington. Special elections for amending this charter may be called by the City Council
or shall be called upon petition of qualified voters of the City of a number not less than fifteen
percent of the total number of votes cast at the last preceding general state election, and
otherwise as set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the former
corporation in and to any and all property, real or personal, of whatever kind of character, shall
vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go into
effect and not inconsistent herewith, shall remain in force until amended or repealed or until they
expire by limitation. All rights and obligations in favor of or against the City existing at the time this
charter shall go into effect and shall continue without modification. All street and other
improvements, all vacations of public streets, alleys or places, all assessments for improvements,
all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to
the City that may have been begun and not completed, shall be completed according to the law
and ordinances existing prior to the time this charter shall go into effect, and all taxes and
assessments levied and remaining unpaid when this charter shall go into effect shall be collected
as provided by the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this charter
amendment, articles numbered I to XIV, inclusive, shall be submitted upon the ballot as a
complete charter and shall be included in the vote "For the Charter" and "Against the Charter,"
and in the event that a majority of all votes cast thereon, shall be "For the Charter" said charter
shall be adopted.
ARTICLE XV
Civil Service
SECTION 1. The general purpose of this charter amendment is to establish for the City of
Yakima a system of personnel administration based on merit principles and governing the
appointment, promotion, transfer, layoff, removal, discipline and welfare of its employees, and
other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed as
follows:
(a) "Commission" means the civil service commission herein created, and "Commissioner" means
any one of the three members of any such commission.
(b) "Appointing power" --Appointing power means the officer or person, board or committee who
is empowered to make appointments for employment in the city civil service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person to any
office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
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(e) "Employees" means all persons regularly employed by the City of Yakima,Washington, either
on a part-time or full-time basis with the exception of those persons listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be composed of
three persons. The commission members shall be appointed by the City Council in the following
manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three names
submitted to the Council chosen by a referendum of city employees, excluding police and firemen.
The City Clerk shall conduct the referendum and shall formulate proper rules and regulations for
said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted to the
council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is selected
and qualified, except that the first three members of the commission shall be appointed for
different times, as follows: The appointee from the employee referendum list shall serve for a
period of six years, the appointee at large as designated in subsection (a) above to serve for a
period of four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed from office
for incompetence, incompatibility, or dereliction of duty, or malfeasance of office, or other good
cause; provided, that no member of the commission shall be removed until charges have been
preferred, in writing, due notice, and a full hearing held before the City Council. Any vacancy in
the commission shall be filled in the same manner as provided for selecting the commissioner
previously filling the vacancy. Two members of the commission shall constitute a quorum and the
votes of any two members concurring shall be sufficient for the decision of all matters and the
transaction of all business to be decided by the commission. No member of the civil service
commission shall engage in active partisan or non-partisan politics and hold any salaried public
office or engage in city employment, other than his commission duties. The members of the
commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by electing one
of its members chairman and shall hold regular meetings at least once a month, and such
additional meetings as may be required for the proper discharge of its duties. All meetings of the
commission shall be open to the public. It shall appoint a chief examiner who shall also serve as
secretary of the commission and such assistants as may be necessary. The chief examiner shall
keep the records for the commission, preserve all reports made to it, superintend and keep a
record of all examinations held under its direction and perform such other duties as the
commission may prescribe. The chief examiner shall be appointed as a result of competitive
examination, which examination may be either original and open to all properly qualified persons,
or promotional and limited to persons already in the service of the City of Yakima, Washington.
The chief examiner shall be subject to suspension, reduction, or discharge in the same manner
and subject to the same limitations as are provided in the case of members of the classified
service. A pay and classification plan with job descriptions providing equal pay for equal work
shall be devised by the chief examiner with the cooperation and approval of the civil service
commission which shall be submitted in ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules
and regulations shall provide in detail the manner in which examinations may be held, and
appointments, promotions, transfers, reinstatements, demotions, suspensions, and discharges
shall be made, and may also provide for any other matters connected with the general subject of
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personnel administration, and which may be considered desirable to further carry out the general
purposes of this Article, or which may be found to be in the interest of good personnel
administration. The rules and regulations and any amendments thereof shall be printed,
mimeographed, or multigraphed for free public distribution. Such rules and regulations may be
changed from time to time. Prior to adoption of new rules or changes in existing rules all interested
parties shall be given an opportunity to express opinions concerning the proposed rules at the
regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine the
capacity of persons examined to perform duties of the position to which appointment is to be
made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and to report upon all matters concerning the enforcement and effect
of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all
departments, offices, places, positions, and employments affected by this Article, and ascertain
whether this Article and all such rules and regulations are being obeyed. Such investigations may
be made by the commission or by any commissioner designated by the commission for that
purpose. Not only must these investigations be made by the commission as aforesaid, but the
commission must make like investigation on petition of any citizen, duly verified, stating that
irregularities or abuses exist, and setting forth in concise language, in writing, the necessity for
such investigation. In the course of such investigation the commission, or the chairman or chief
examiner when authorized by a majority vote of the commission, may issue subpoenas to compel
the attendance at such place as may be designated in this City of witnesses and the production
of books and papers pertinent to any inquiry or investigation authorized by this Article; or may
take depositions of witnesses. Subpoenas shall also be issued at the request of the parties
to the proceedings other than the commission and the chairman. The commission or any member
thereof, or the chief examiner, when authorized by the commission, may administer oaths and
take testimony. The commission or the chief examiner may examine such public records, as they
require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the rules of
practice and procedure adopted by the commission, and in the conduct thereof neither the
commission, nor designated commissioner shall be bound by technical rules of evidence. No
informality in any proceedings or hearing, or in the manner of taking testimony before the
commission or designated commissioner, shall invalidate any order, decision, rule, or regulation
made, or confirmed by the commission; provided, that no order, decision, rule or regulation made
by any designated commissioner conducting any hearing or investigation alone shall be any force
or effect whatsoever unless and until concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions, the
rejection of an examinee, and such other matters as may be referred to the commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative qualifications of
persons who seek employment in any class or position, and as a result thereof establish eligible
lists for the various classes of positions, and provide that persons laid off because of curtailment
of expenditures, reduction in force, and for like causes, head the list in the order of their seniority,
to the end that they shall be the first to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing authority, when
a vacant position is to be filled, on written request, the names of the three persons highest on the
eligible list for the class. Any one of the three persons so certified may be appointed. If there is
no such list, to authorize a provisional or temporary appointment list for such class. Such
temporary provisional appointment(s) shall not continue for longer than five months in any one
fiscal year.
(h) To keep such records as may be necessary for the proper administration of this Article.
As amended by vote of the people November 8, 1983.
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SECTION 6. The classified civil service and provisions of this Article shall be applicable
to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective offices.
(b) Members of boards and commissions and the City aeerAdministrator;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for each of
the Mayor and City -*-w** Administrator;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a temporary and
special inquiry, investigation, or examination on behalf of the City Council or a committee thereof,
or by authority of the City ManagcrMayor.
SECTION 7. All appointments to and promotions to positions in the classified civil service
of the City of Yakima shall be made solely on merit, efficiency, and fitness, which shall be
ascertained by open competitive examination and impartial investigation. No person in the
classified civil service shall be reinstated in or transferred, suspended, or discharged from any
such place, position, or employment, contrary to the provisions of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position which is
deemed classified under SECTION 6 for a continuous period of six months prior to the effective
dates of this Article, and still currently employed, are eligible for permanent appointment under
civil service to the offices, places, positions or employment which they then held without
examination or other act on their part, and not on probation; and every such person is
automatically adopted and inducted permanently into civil service, into the office, place, position
or employment which he then held as completely and effectual to all intents and purposes as if
such person had been permanently appointed thereto under civil service after examination and
investigation.
SECTION 9. The tenure of every person holding an office, place, position or employment
under the provisions of this Article shall be only during good behavior, and any such person may
be removed or discharged, suspended without pay, demoted or reduced in rank, for any of the
following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the
public, or a fellow employee, or any other act of omission or commission tending to injure the
public service; or any other willful failure on the part of the employee to properly conduct himself;
or any willful violation of the provisions of this Article or of the rules and regulations to be adopted
hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid,
or preparation to such extent that the use thereof interferes with the efficiency or mental or
physical fitness of the employee or which precludes the employee from properly performing the
function and duties of any position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is sufficient
to show the offender to be an unsuitable and unfit person to be employed in the public service.
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SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the appointing
power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall
be served upon the accused; and a duplicate filed with the commission. Any person so removed,
suspended, or demoted may within ten days from the time of his removal, suspension, or
demotion, file with the commission a written demand for an investigation, whereupon the
commission shall conduct such investigation. The investigation shall be confined to the
determination of the question of whether the removal, suspension, or demotion was made in good
faith for cause. After such investigation the commission may affirm the removal, or if it finds that
removal, suspension or demotion was not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or employment from
which he was removed, suspended, or demoted, which reinstatement shall, if the commission so
provides be retroactive, and entitle such person to pay or compensation from the time of the
removal, suspension, or demotion. The commission upon such investigation in lieu of affirming a
removal, may modify the order by directing a suspension without pay, for a given period, and
subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the
commission shall be certified, in writing to the appointing power, and shall be forthwith enforced
by such officer. All investigations made by the commission pursuant to this SECTION shall be by
public hearing, after reasonable notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and
presenting his defense. The subpoena provisions of SECTION 5 of this Article shall apply to all
such hearings. If the order of removal, suspension, or demotion is concurred in by the commission
or a majority thereof, the accused may appeal therefrom to the superior court of the county
wherein he resides. Such appeal shall be taken by serving the commission,within thirty days after
the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that
a certified transcript of the record and of all papers on file in the office of the commission affecting
or relating to its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court. The court
shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing
shall be confined to the determination of whether the order of removal, suspension, or demotion
made by the commission, was or was not made in good faith for cause, and no appeal shall be
taken except upon such ground or grounds. The decision of the superior court may be appealed
to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the names
and addresses of persons eligible for appointment thereto. The commission shall certify the
names of three persons highest on the eligible list for the class to which the vacant position has
been allocated, who are willing to accept employment. In case of more than one vacancy in a
particular class one additional name shall be certified for each additional vacancy. If there is no
appropriate eligible list for the class, the commission shall certify the name of three persons
standing highest on the list held appropriate for such class. The appointing power shall forthwith
make its appointment to the vacant position from the list of persons so certified. To enable the
appointing power to exercise a choice in the filling of positions, no appointment, employment, or
promotion in any position in the classified service shall be deemed complete until after the
expiration of a period of six months' probationary service, as may be provided in the rules of the
civil service commission, during which the appointing power may terminate the employment of
the person certified to him, if during the performance test thus afforded, upon observation or
consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory
for employment by the City of Yakima. Thereupon the appointing power shall select from the three
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persons certified as standing next highest on any such list and such person shall likewise enter
upon said duties for the probationary period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the appointment, employment, or promotion
shall be deemed complete.
SECTION 12. All offices, places, positions, and employments coming within the purview
of this Article shall be filled by the appointing power; nothing herein contained shall infringe upon
the authority that the City Council may have to fix the salaries and compensation of all employees
employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this
Article shall approve the payment of or be in any manner concerned in paying, auditing, or
approving any salary, wage, or other compensation for services, to any person subject to the
jurisdiction and scope of this Article, unless a payroll, estimate, or account for such salary, wage,
or other compensation, containing the names of the persons to be paid, the amount to be paid,
and any other information which, in the judgment of the civil service commission, should be
furnished on such payroll, bears the certificate of the civil service commission, or of its chief
examiner or other duly authorized agent, that the persons named therein have been appointed or
employed in compliance with the terms of this Article and the rules of the commission, and that
the payroll, estimate, or account is, insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of any public officer or employee whom
it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any
public officer or employee who willfully or through culpable negligence, violates or fails to comply
with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission. The commission
shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any position
in classified service of the City shall not be withheld because of his race, color, religion, national
origin, political affiliation or belief, nor shall any person be dismissed, demoted, transferred or
reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any person
under civil service or promise or threaten so to do for giving or withholding, or neglecting to make
any contribution of money, or services, or any other valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in carrying
out the provisions of this Article, and such rules and regulations as may, from time to time, be
prescribed by the commission and afford the commission, its members, and employees, all
reasonable facilities and assistance in the inspection of books, papers, documents, and accounts
applying or in any way appertaining to any and all offices, places, positions, and employments,
subject to civil service, and also shall produce such books, papers, documents, and accounts,
and attend and testify, whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a sum
equal to one half of one per cent of the preceding year's total payroll of those included under the
scope of this Article. The funds so provided shall be used for the support of the commission. The
City Council may provide additional funds for such purpose; any part of the funds so provided and
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not expended shall be placed in the current expense fund on the first day of January following the
close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday in
June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be held
to be invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity
or constitutionality of any other SECTION, sentence, clause, or phrase of this Article.
As adopted by vote of the people on February 11, 2020. Effective January 1 of the year
immediately following the first swearing in of a duly elected Mayor following the election enacting
this charter.
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PRIVATE RESIDENT DRAFT
48
RESOLUTION NO. R-201 9-XXX
A RESOLUTION of the City Council of the City of Yakima, Washington,
providing for the submission to the voters of the City of Yakima, at a special
election to be held therein on February 11, 2020, of a Proposition on whether
Articles Il, VI, and XV of the Charter of the City of Yakima should be amended to
abandon and abolish the Council-Manager form of government and adopt the
Mayor-Council form of government; and requesting the Yakima County Auditor to
call a special election.
WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW)
authorizes first class cities of the State of Washington to amend and revise their
charters to abandon and abolish the Council-Manager form of government and
adopt the Mayor-Council form of government, upon approval by a majority of the
qualified voters of the city voting in a general or special election called for that
purpose; and
WHEREAS, an amendment of the charter may be initiated by the City
Council through the passing and approval of a resolution requesting that a
proposition be submitted to the qualified voters in the City of whether the City
should adopt an amended charter abandoning and abolishing the Council-Manager
form of government and adopting the Mayor-Council form of government pursuant
to amended Charter Articles II, VI and XV and
WHEREAS,the City Council desires to hold a special election in the City of
Yakima on February 11, 2020,for the purpose of submitting to the qualified voters
of the City the proposition of whether the City of Yakima should abandon and
abolish the Council-Manager form of government and adopt the Mayor-Council
form of government pursuant to amended Charter Articles I, VI and XV and
WHEREAS,the City Council finds and determines that the best interests and
general welfare of the City of Yakima would be served by submitting to the
qualified voters in the City the proposition of whether the City of Yakima should
abandon and abolish the Council-Manager form of government and adopt the
Mayor-Council form of government,therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF YAKIMA:
1. The proposition to be submitted at the special election shall be in the form
of a ballot title as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENTS TO THE CHARTER OF THE
CITY OF YAKIMA TO ABANDON AND ABOLISH THE COUNCIL-
MANAGER FORM OF GOVERNMENT AND ADOPT THE MAYOR-
COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF
YAKIMA
49
PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This
measure would amend Charter Articles II, VI and XV to abandon and abolish the
Council-Manager form of government and adopt the Mayor-Council form of
government. Should this proposition be approved?
YES.,.,._... .;1 1
NO I 1
2. The City Clerk is authorized and directed to file a certified copy of
this resolution with the Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct a
special election to be held in the City of Yakima on February 11, 2019, for the
purpose of submitting to the qualified voters of the City of Yakima the proposition
set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this Xth day of December 2019.
50
CHARTER
ARTICLE I
Name, Boundaries, Powers, Rights and
Liabilities
SECTION 1.
The people of the City of Yakima, within the boundaries as now established, or as hereafter
established, shall continue to be the body politic and corporate by name of City of Yakima, and
under that name shall have perpetual succession; shall use a corporate seal; may sue and be sued;
may acquire property within or without its boundaries for municipal purposes by purchase, gift,
devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as
its interests may require, except that property purchased for park purposes shall be within the city
limits; and except as prohibited by the constitution of the State of Washington, or restricted by
this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and
immunities of every name and nature whatsoever pertaining to cities of the first class within the
State of Washington.
SECTION 2.
The enumeration of particular powers by this charter shall not be held or deemed to be exclusive,
but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise
thereof, the City of Yakima shall have, and may exercise, all powers which under the
constitution and laws of the State of Washington it would be lawful for said charter specifically
to enumerate. All powers of the City, whether express or implied, shall be exercised in the
manner prescribed by this charter, or if not prescribed herein, then in the manner provided by
law, ordinance or resolution of the City Council.
ARTICLE II
Officers — Councii Manager Mayor-Council Form of
Government
SECTION 1.
A. Beginning with the elections for the Yakima City Council to be held in 2015, and including
the August 4, 2015 primary election and the November 3, 2015 general election, all elections for
the Yakima City Council will be conducted using a system in which each of the seven members
51
of the City Council is elected from a single-member district. Each Council member must reside
in his or her district, and only residents of a given district may vote for the Council member
position for that district.
B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered by the
Court in United States District Court for the Eastern District of Washington Case No. 12-CV-
3018-TOR("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and tables showing the
boundaries of the seven single-member districts and their populations were attached as Exhibit A
to the Final Injunction.
C. The City shall take all steps necessary to implement the seven single-member district plan
attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in order to allow
single-member district based elections to proceed in 2015 and thereafter, provided that the City
of Yakima may revise those districts based on annexations, de-annexations, and population
changes reflected in the decennial census and at appropriate times in the future when necessary
to conform to state and federal law.
D. In order to preserve the staggered election plan for members of the City Council, in
elections held for the City Council in 2015 the odd numbered districts were set for a four-year
election cycle and even numbered districts were set initially for a two-year term and are set
thereafter for a four-year election cycle.
E. Future redistricting shall be done in a manner that complies with the terms and intent of the
Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12-CV-3108-
TOR, continues to provide for single-member districts, and complies with Section 2 of the
Voting Rights Act.
F. At the primary election, each qualified voter of each district may cast only one vote for a
candidate. The names of the two candidates from each district for whom the largest number of
votes are cast at the primary election shall appear on the general election ballot for that district.
G. In the event any Council member elected or appointed to a district position moves that
member's place of residence outside the district boundary from which that member was
nominated or appointed, then that Council member shall forfeit the office of Council member
and the position held by the member shall be deemed to be vacant. In the event a vacancy occurs
for any reason in the Council, the vacancy in the district shall be filled by the appointment of
some qualified person who is a resident of that district by a majority vote of the remaining
members of the Council, but such appointee shall hold office only until the next regular
municipal election, at which time a qualified person who is a resident of that district shall be
elected to serve for the remainder of the unexpired term for that position.
SECTION 2.
The Council shall constitute the legislative branch h IW of the City government and shall
have power to adopt rules of order and regulations for the conduct of its business.
SECTION 3.
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The Council shall choose its own chairman at its first meeting and at the first meeting after the
subsequent biennial elections. The chairman shall have the title of\favor Council President
during the biennium for which chosen. The N. Council President shall preside at all meetings
of the Council and shall also have the powers and perform the duties conferred and imposed by
this charter and the ordinances of the City. ' • ..
• The or Council President shall also have the rights, privileges and
immunities of a member of the Council with the right to vote as another member thereof If a
vacancy occurs in the office of Myor Council President, or in case of the Council.
President's absence or disability, a ilayor Council President pro tem shall be elected by the
Council from its members to act as ; ar Council President for the unexpired term or during the
continuance of the absence or disability.
SECTION 4.
Except as otherwise provided in this charter, all legislative powers of the City shall be vested in
the Council. The • ar Council President and each member of the Council shall receive
compensation as established by Ordinance. Members of the Council shall be qualified electors of
the City and any member ceasing to possess any of the qualifications specified in general law or
in this charter or convicted of crime involving moral turpitude while in office shall immediately
forfeit his office.
SECTION 5.
The Council shall meet at the times and places fixed by ordinance, but must hold at least two
regular meetings each month. The Clerk shall call special meetings of the Council upon request
of the;l • tr Council President or any two members. Requests for special meetings shall state
the subjects to be considered and no other subject shall be considered at a special meeting except
by consent of all members of the Council. All meetings of the Council and of committees thereof
shall be open to the public, and the rules of the council shall provide that citizens of the City
shall have a reasonable opportunity to be heard at any meetings in regard to any matter being
considered thereat.
SECTION 6.
The Council shall choose such employees of its own body, as it may deem necessary. Employees
of the Council shall not be chosen for a definite term but shall continue to serve during the
pleasure of the Council.
SECTION 7.
x cutise oilicer and the.head ol'the. administrative branch ol'the City gc sern}nent. The Cit\
53
„ „ , „ , „ , • , " , , „ „
experizlice in; or knowledge of, accepted practice in respect the duties ofthe office as
. . „ .
person elechml to membership on the Council shall, sulyEkquent to such ekction; be eligible for
, „ „ • , , „ •
. • , , , , , ' , „ .
of duties; and shall exxute a bond in favor ofthe City in such sum as may b„,2: ifixkd by the
Council.
rho Mayor shall be the chief executive officer and head of the administrative branch of the City
government.
A. Except as otherwise provided in this charter; all executive powers ofthe City shall be
vested in the Mayor.
13 Abe Mayor shall appoint a City Administrator, who shall assist the Mayor, shall supervise
the administrative offices and shall perform other duties as are delegated by the Mayor.
C. The Mayor shall be recognized as the head of the City for all ceremonial purposes and by
the Governor for purposes of military law.
D. The Nlayor shall be elected by majority vote of the qualified electors of the City; at the
times and in the manner provided in this charter and by the laws of the State of
Washington.
E. The first primary election for Mayor shall be held in August 2020; the first general
election for Mayor shall be held in November 2020. The first mayoral term shall be three
years. 'thereafter, the mayoral term shall be four years.
F. The Mayor shall be a qualified elector of the City.
G. The office of Mayor shall be deemed vacant if any of the following occur: failure to
qualify within ten days after certification of election or as otherwise provided by state
law, or death, or resignation; or removal from office by recall, or failure to maintain any
of the qualifications specified in general law or in this charter; or absence of the Mayor
and/or his representative from four consecutive regularly scheduled meetings of the city
council without being excused by the council, or conviction of a felony or a crime of
moral turpitude; or judicially declared incompetency.
IL In the event of a vacancy in the office of Mayor, the members of the Council shall elect
one of their number to serve as Acting Nlayor until the next regular municipal election, at
which time a new Mayor shall be elected to serve for the remainder of the unexpired
term., if any.
I. The Acting Mayor shall also have the powers and perform the duties conferred and
imposed by this charter and the ordinances of the City upon the Nlayor. The Acting
Mayor shall also have the rights, privileges and immunities ofthe Mayor.
SECTION 8.
_ .
, , • , — , „. • . , , . • . „ • •. „ , , „
54
, ., • . -ponstat . 0 ,
. , . , • , ., ., th• 0 , , . . ,
th '
. , ,• , . . „" , . ; . . , „• , . „
, 0 • „ • , ,
hut
, . „ • , ., „ „ , , „ , : . „ , „
, y,
thirty days from the date of service upon the City Manag,.)r°fa copy ther‘mA, reply in writing to
,. . In tho vnt no . ;ha!l upon
nt.n1 for
,
, • y - .„ . • ,,. , ,., . .• „ ,, • „. ,
, y Manager, and the City Manager's services shall terminate upon that day. I IN
„
f a reply shall )
,
upon th. qu. ;ti on
_
- y . . , , .-, - , , - , .,,. • . ,• , . „ „ ,
. .
. „optuntpu ; a.. , ; , ,. • ., t . „. ;
. , . , .
0 . 0
Manag,.)r shall be final. In case ofthe absence or disability of the City Manager, the Council may
.
The salary of the Mayor shall be Si 20,000 per year and shall be adjusted annually beginning
January 2022 in accord NA ith the annual change in the June U.S. Department of Labor; Bureau of
Labor Statistics Consumer Price Index for All Urban Consumers (CPI-L) West Region, but only
if said calculation results in an increase. The Mayor shall also receive health insurance, life
insurance and other employee benefits commensurate NA ith the health insurance, life insurance
and other employee benefits provided to City senior management employees.
SECTION 9.
. .
. • , ,• — , ." havo , , ,. , . .. . ..• . ., : „ . , . . .,
th
mun
, y,
appoint ,nd / jo at„ • : • „ I'J " J„and / j „ ofth/
• ',/ .
I ,ihmids, Officers and,.)mploys who are subject to Civil S,wvice or merit systems of the City of
pursuant
, Civil ,, . .• . . , „ .„ • , , Citj •
cuc
I j 0
' „ . „ „ „ •
,..,. / „ • / ' j ' „ , / '. . /'• dopam/
nt or „ ,, olth
: City govornmont and
j, ,„ ,
„
without the advice or consent ofthe City Manager;
/
. „.„ ,, „ •that a!l ' ,nd ,n. o„ J
. . authority . ,
the Council may grant the Mayor to maintain law and onkr in times of enhwio,oncy;
,.)xNdient;
.opar and uhniit to , Council , *; * ; y h rquirod
j • : or ‘ \,
, : / ' • .•,.• / ,Y J•
(7) To L., .1) the Council fully advis,A of the financial condition of the City or town and its
. \ . . .
J ,. , / J / ' a; / ' , may
. ,n;o or J„
.
,
In addition to the poNA ers and duties granted a chief executive and/or administrative ()nicer under
the laws of the State of Washington, the Mayor shall have the folliwing pONA ers and duties:
55
1. The duty to see that all laws and ordinances are faithfully enforced; and that law and
order are maintained in the City.
2. The power to appoint and remove all officers and employees of the City of Yakima;
including a City Administrator and the administrative heads in each department of the
City government; except City Council members and except; in the instance of
removal, an officer or employee who holds a position subject to Civil Service.
3. The power to make all other appointments required by the laws of the State of
Washington.
4. The duty to attend; or assign a representative to attend; all meetings of the City
Council as may be required by that body. The Mayor or the assigned representative
shall have no vote on any matter beforethe Council.
5. The duty to communicate during the City Council's first meeting every February a
statement of the conditions and affairs of the City.
6. The duty to submit reports on City matters when so requested by the City Council.
7. The duty to present to the City Council in a timely manner a budget for its
consideration and a budget message setting forth the programs proposed for the next
year.
8. The power to recommend to the City Council for adoption such measures and
ordinances as may be deemed expedient and to make other recommendations to the
City Council concerning the affairs of the City as may seem desirable.
9. 'the power to veto ordinances passed by the Council; provided that the City Council
may override the veto by enacting the ordinance with a minimum of a majority plus
one affirmative votes.
10. The power to investigate the affairs of the City under the supervision of the Mayor or
any department or division; or the proper performance of any contract or obligation
running to the City of Yakima.
SECTION 10.
Administrative departments shall be created by the City Council as the public business may
demand. Pending further action by the City Council,the administrative departments now in
existence shall be continued. The rights, powers and duties of the departments shall be
prescribed, distributed, assigned, established or discontinued by ordinance.
SECTION 11.
The City Manager Mayor may authorize the head of the department or office responsible to the
City\ianag;,r Mayor to appoint and remove subordinates in such department or office. Any
officer or employee who may be appointed by the City Manager Mayor or by the head of a
department or office, except one who holds a position subject to Civil Service, may be removed
by the City Aianag;,r Mayor or other such appointing officer at any time. Subject to the
provisions of SECTION 9 herein,the decision of the City Manag:r Mayor or other appointing
officer shall be final and there shall be no opportunity for administrative appeal.
SECTION 12.
56
Appointments made by or under the authority of the City Manayx r Mayor shall be on the basis of
executive and administrative ability and of the training and experience of the appointees in the
work, which they are to perform. Residence within the City shall not be a requirement.
SECTION 13.
Neither the Council, nor any of its committees or members shall direct or request the
appointment of any person to, or removal from, office by the £ tN§ate Mayor or any of the
City Manag r'>Mayors subordinates. Except for the purpose of inquiry, the Council and its
members shall deal with the administrative service solely through the City Manager Mayor and
neither the Council nor any committee or member thereof shall give orders to any subordinate of
the City Nlanag.r Mayor, either publicly or privately: Provided, however, that nothing herein
shall be construed to prohibit the Council, while in open session, from fully and freely discussing
with the `,i • ilayor anything pertaining to appointments and removals of City officers
and employees and City affairs.
SECTION 14.
The Citti Manager and oth,r City officers, assistants and employees, other than the Mayor, shall
receive such salary or compensation as the Council shall fix by ordinance and it shall be payable
at such times as the Council shall determine.
SECTION 15.
Nothing in this Article shall affect the pension or Civil Service or merit system of the City of
Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1.
Elections shall be general, primary or special. The manner and method of holding and calling
municipal elections, both general and special, shall be according to State law. All municipal
elections shall be non-partisan and by the qualified electors of the City.
ARTICLE IV
Legislation by the People
SECTION 1.
The people of Yakima, in addition to the method of legislation herein before provided, shall have
direct legislation by the initiative and referendum.
57
SECTION 2.
The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied by the
proposed legislation in the form of a proposed ordinance and requesting that such ordinance be
submitted to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number of
votes cast at the last general City election and the number of signers of such petition, and shall
present such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum of the
total number of votes cast at the last preceding general city election, the City Council, within
twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass
such ordinance without alteration, or refer it to a popular vote at a special election which must be
held at the first available opportunity in accord with the provisions of State law for special
municipal elections: Provided, however, that if any other municipal election is to be held more
than thirty days but within ninety days after the filing of the petition, said proposed ordinance
shall be submitted without alteration to be voted upon at such election.
SECTION 3.
If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors
equal in number to ten per centum of the entire vote cast at the last preceding general city
election shall be filed with the City Clerk, protesting against the enactment of such ordinance, it
shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk
shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council
shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall
submit it to popular vote at the next municipal election; or,the City Council may call a special
election for that purpose in accord with the provisions of State law for special municipal
elections; and such ordinance shall not take effect, unless a majority of the qualified electors
voting thereon at such election shall vote in favor thereof.
SECTION 4.
The City Council may submit to popular vote for adoption or rejection at any election any
proposed ordinance in the same manner and effect as provided in this article for submission on
petition.
SECTION 5.
There shall not be held under this article more than one special election in any period of six
months.
SECTION 6.
The City Council, by ordinance, shall make further regulations for carrying out the provisions of
this article not inconsistent herewith.
58
ARTICLE V
The Recall
SECTION 1.
The holder of any elective office, whether elected or appointed thereto, may be removed from
such office by recall proceedings as provided by the laws of the State of Washington for elective
officers.
SECTION 2.
An officer removed from office by recall election or who shall resign from such office pending
recall proceedings against him shall not be eligible to hold any city office or employment within
two years after such removal or resignation.
ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1.
A. At all meetings of the City Council every resolution and ordinance shall be in writing and
read aloud by title before a vote is taken thereon; provided, at the request of a majority of
Council members present, a resolution and ordinance shall be read aloud in its entirety
before a vote is taken thereon. Upon every vote the yeas and nays shall be called and
recorded. All ordinances, except ordinances making appropriations or codifying or
rearranging existing ordinances, shall be confined to one subject, which shall be clearly
expressed in the title. Ordinances making appropriations shall be confined to the subject
of appropriations. The enacting clause of all ordinances shall be, `Be it ordained by the
City of Yakima."
13. Every ordinance, except emergency ordinances, passed by the City Council shall, within
five days thereafter, be presented to the Mayor.
C. Within ten days after its presentation; the Mayor shall either sign the ordinance and return
it to the City Clerk. or veto the ordinance and return it to the City Clerk with a written.
and signed statement of the reasons for the veto. If an ordinance is not returned by the
Mayor within ten days alter its presentation, it shall be deemed enacted without the
Mayors signature. Within thirty days after an ordinance has been vetoed and returned,
the City Council may override the veto by enacting the ordinance with a minimum of a
majority plus one affirmative votes.
D. Every ordinance passed by the City Council shall be signed by the itayor, or the Council
President or two City Council members in the event of prior Mayoral veto, attested by the
City Clerk and recorded in a book kept for that purpose.
59
SECTION 2.
A. Ordinances making the annual tax levy or relating to local improvements or assessments
therefore, or making appropriations, emergency ordinances, or ordinances adopted by
vote of the electors shall take effect at the time indicated therein; all other ordinances
shall take effect 30 days after the date of the publication thereof as herein provided.
B. An ordinance which is subject to the veto power of the Mayor and which is not vetoed
shall be deemed enacted on the date that it is approved by; or ten days alter it is presented
to, the Mayor. An ordinance which is vetoed shall be deemed enacted on the date that the
City Council overrides the veto.
C. An emergency ordinance is one to provide for the immediate preservation of the public
peace, property, health or safety. The unanimous vote of the Council shall be necessary
for the passage of an emergency ordinance. No measure making or amending a grant,
renewal or extension of a franchise or other special privilege shall ever be passed as an
emergency measure.
SECTION 3.
Upon its final passage, each ordinance or resolution shall be authenticated by the signature of the
Mayor and attested by the City Clerk and recorded in a book kept for that purpose. The number
and title of each ordinance passed by the City Council, with certificate as herein provided,
attached thereto shall be published once in the official newspaper of the city. Said certificate
shall be signed by the City Clerk and shall be in substantially the following form: "Ordinance
No. bearing above title, was duly and regularly passed by the City Council of the City of
Yakima, Washington, on the day of 20 , and is now on file with the
undersigned at the office of the City Clerk, where the same is open to the public inspection.
Dated . City Clerk.
SECTION 4.
Members of the City Council and the Mayor shall be qualified electors of the City, and shall not
hold any other public office except that of Notary Public or member of the military branch of the
state or federal government. A member of the City Council ceasing to possess any of the
qualifications specified in this SECTION, or who may be convicted of a crime involving moral
turpitude while in office shall immediately forfeit his office. A certified copy of the judgment of
conviction filed in the office of the City Clerk shall be prima facie evidence of forfeiture as
above provided.
SECTION 5.
No elective official, officer or employee of the City shall solicit or receive any pay, commission,
money or thing of value, or derive any benefit, profit or advantage, directly or indirectly from or
by reason of any improvement, alteration or repair, or purchase of materials required by the City,
or any contract to which the City shall be a party, except his lawful compensation or salary as
such officer or employee. A violation of any of the provisions of this SECTION shall disqualify
the offender to continue in office or employment and he shall be forthwith removed.
60
SECTION 6.
Any purchase of supplies, material, equipment or services, except for public work or
improvement, where the cost thereof exceeds a specific sum to be set by ordinance within the
limits established by State law shall be made upon call for bids in the same method and under the
same conditions as required herein on a call for bids for public work or improvement. This
monetary limit for the purchase of supplies, material, equipment and services may be increased
from time to time, but no more often than one time in any twenty-four month period, by
ordinance enacted by the vote of no less than a two-thirds majority of the City Council members,
up to, but in no case to exceed any amount allowed by State law. In the event of an emergency
declared by resolution of the City Council, any purchase of supplies, material, equipment or
service may be made without calling for bids.
SECTION 7.
In addition to the provisions of the general law the City Council may by ordinance create and
establish special funds into which all monies received for a special or specific purpose may be
placed: Provided, however,that such fund or funds shall be other than those deriving revenue
from taxation.
SECTION 8.
There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement
in quality and value of City street infrastructure, of no less than Two Million Dollars annually in
the City's General Fund budget. This dedicated fund base amount of Two Million Dollars shall
be adjusted annually in accord with the annual change in the June U.S. Department of Labor,
Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West
Region. The City Council shall make no other use of this fund than as is provided in this Section.
SECTION 9.
There shall be a dedicated public parks and recreation capital fund, reserved for the construction
and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred
Fifty Thousand Dollars annually in the City's General Fund budget. This dedicated fund base
amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually in accord with the
annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price
Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use
of this fund than as is provided in this Section.
ARTICLE VII
Limitation of Taxation
SECTION 1.
61
The fiscal year of the City shall commence on the first day of January and end on the last day of
December each year.
SECTION 2.
The City Council shall have power and authority to assess, levy and collect taxes upon all the
real and personal property (not exempt from taxation) within the City for the corporate uses and
purposes thereof and provide for the payment of the debts and expenses of the City; provided
that after January 1, 2014, any new councilmanic tax may be assessed, levied or increased only
by a minimum affirmative vote of five members of the City Council.
SECTION 3.
The aggregate of all the property taxes levied or appropriated for City purposes including funds
for the parks and playgrounds, police and firemen's relief shall be taken and apportioned by the
City Council from the current expense fund which for any one year shall not exceed the statutory
limits established by State law on each dollar of assessed valuation of the property within the
City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore or
hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter is required by
general law.
SECTION 4.
No special levies shall be made for other purposes than those above specified except those,
which may be authorized at an election.
SECTION 5.
All City funds shall be administered by the City Council; and boards or committees selected by
the City Council to assist in the management of any municipal activities, if any are selected, shall
act in an advisory capacity only.
SECTION 6.
The City Council shall make no appropriation in aid of any corporation, person or society not
expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1.
62
The City Council may appoint advisory boards, committees and commissions as may be deemed
helpful and necessary to the City Council to assist in administering the City's operation and
programs, including but not limited to parks, playgrounds and city planning. The City Council
shall have full charge of the budgets for such purposes and shall by ordinance regulate the
organization and duties of such boards, and may provide that any monies acquired by donation,
bequest or from leases or concessions, fines, or penalties shall be used in addition to the amount
set aside in the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
SECTION 1.
The City Council shall provide by ordinance rules and regulations and make provisions for the
control, management and operation of all public utilities owned and operated by the City, or
which may hereafter be acquired by the City in the manner provided by law, or which the City
may by law govern, control or regulate.
SECTION 2.
The City Council shall have power to arrange by ordinance for the financing and repair,
replacement, rehabilitation or extension of any public utility owned and operated by the City,
provided, however,that such financing shall be arranged upon the credit of the utility itself and
not upon the issuance of general obligation bonds of the City.
ARTICLE X
Claims
SECTION 1.
Claims for damages and the filing of such claims against the City, its officers, employees or
volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1.
No exclusive franchise shall ever be granted.
SECTION 2.
No franchise or right to occupy or use the streets, highways, bridges, or public places of the City
shall be granted, renewed or extended except by ordinance
63
SECTION 3.
No franchise shall be granted unless there be inserted therein a provision that the City may
acquire the public utility for the exercise of which the franchise is granted, either by agreement
or by condemnation, and that upon such purchase by the City, either by agreement or
condemnation, no value of the franchise itself shall be taken into account in fixing the price to be
paid by the City for such utility.
SECTION 4.
No franchise shall be granted by the City for a longer term than twenty-five years.
SECTION 5.
No franchise shall be renewed or extended earlier than three years prior to its expiration.
SECTION 6.
No franchise shall be granted without provision for proper compensation to the City. Such
compensation shall when feasible be a percentage upon the gross earnings of the person or
corporation to whom such franchise is granted arising from the exercise of such franchise. When
the determination of the gross earnings by the exercise of the franchise is not feasible the
ordinance granting said franchise shall prescribe such other mode of determining the
compensation to be paid the City by the grantee as shall be deemed reasonable and just.
SECTION 7.
The grantee or assignee of any franchise granted by the City shall submit to the City Council
within sixty days after the first day of January of each year, an annual report verified by the oath
of such person or the president, treasurer or general manager of such corporation, which shall
contain such detailed information as may be prescribed by the City Council to enable it to
determine the amount of compensation to be paid to the City for the use of said franchise during
the preceding year. Any such person, persons, or corporations which shall refuse or fail to make
any such report within the time specified shall be liable to a penalty established in accord with
State law, ordinance and specific franchise agreements for each and every day during which he
or it shall fail to file such report, such penalty to be sued for and recovered by the City in any
court having jurisdiction thereof.
SECTION 8.
No franchise granted by the City shall ever be leased, assigned or otherwise alienated without the
express consent of the City Council by ordinance passed for that purpose, and no rule of estoppel
shall ever be invoked against the City in case it shall assert the invalidity of any attempted
transfer in violation of this SECTION.
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SECTION 9.
The grant of every franchise for a street, suburban, or interurban railroad or bus line shall provide
that all United States mail carriers, city officials, policemen and firemen shall at all time while in
the actual discharge of their duties be allowed to ride upon such cars or buses under said
franchise without paying therefore, and with all rights of other passengers.
SECTION 10.
No franchise, right, privilege, or license shall be considered as granted by any ordinance except
when expressed therein in plain and unambiguous terms, and if any ambiguity appears therein it
shall be construed in favor of the city and against the claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1.
The City may borrow money and become indebted in any legal way, subject, as to the amount
and manner of incurring indebtedness,to the provisions and limitations of the constitution and
laws of the state and this charter; and subject to the same provisions and limitations,the City
may issue bonds to secure any existing or contemplated indebtedness.
SECTION 2.
When a popular vote is not required by law,the City Council by ordinance may authorize any
indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1.
This charter may be amended in the manner provided by the laws of the State of Washington.
Special elections for amending this charter may be called by the City Council or shall be called
upon petition of qualified voters of the City of a number not less than fifteen percent of the total
number of votes cast at the last preceding general state election, and otherwise as set forth in
State law.
ARTICLE XIV
Schedule
SECTION 1.
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Upon the taking effect of this charter all title, right and interest of the former corporation in and
to any and all property, real or personal, of whatever kind of character, shall vest in and be
owned by the corporation created by this charter.
SECTION 2.
All ordinances and resolutions in force at the time this charter shall go into effect and not
inconsistent herewith, shall remain in force until amended or repealed or until they expire by
limitation. All rights and obligations in favor of or against the City existing at the time this
charter shall go into effect shall continue without modification. All street and other
improvements, all vacations of public streets, alleys or places, all assessments for improvements,
all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to
the City that may have been begun and not completed, shall be completed according to the law
and ordinances existing prior to the time this charter shall go into effect, and all taxes and
assessments levied and remaining unpaid when this charter shall go into effect shall be collected
as provided by the law existing and in effect at the time the same were levied.
SECTION 3.
At the election to be held for the purpose of adopting or rejecting this charter amendment,
articles numbered Ito XIV, inclusive, shall be submitted upon the ballot as a complete charter
and shall be included in the vote "For the Charter" and"Against the Charter," and in the event
that a majority of all votes cast thereon, shall be "For the Charter" said charter shall be adopted.
ARTICLE XV
Civil Service
SECTION 1.
The general purpose of this charter amendment is to establish for the City of Yakima a system of
personnel administration based on merit principles and governing the appointment, promotion,
transfer, layoff, removal, discipline and welfare of its employees, and other incidents of city
employment.
SECTION 2.
The following terms, whenever used in this Article, shall be construed as follows:
(a) "Commission"means the civil service commission herein created, and "Commissioner"
means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or committee
who is empowered to make appointments for employment in the city civil service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person to any
office, place, position, or employment in civil service.
(d) "City"means the City of Yakima, Washington.
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(e) "Employees"mean all persons regularly employed by the City of Yakima, Washington,
either on a part-time or full-time basis with the exception of those persons listed in SECTION 6.
SECTION 3.
There is created a city civil service commission, which shall be composed of three persons. The
commission members shall be appointed by the City Council in the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three names
submitted to the Council chosen by a referendum of city employees, excluding police and
firemen. The City Clerk shall conduct the referendum and shall formulate proper rules and
regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted to the
council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be appointed
for different times, as follows: The appointee from the employee referendum list shall serve for a
period of six years,the appointee at large as designated in subsection (a) above to serve for a
period of four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed from
office for incompetence, incompatibility, or dereliction of duty, or malfeasance of office, or other
good cause; provided, that no member of the commission shall be removed until charges have
been preferred, in writing, due notice, and a full hearing held before the City Council. Any
vacancy in the commission shall be filled in the same manner as provided for selecting the
commissioner previously filling the vacancy. Two members of the commission shall constitute a
quorum and the votes of any two members concurring shall be sufficient for the decision of all
matters and the transaction of all business to be decided by the commission. No member of the
civil service commission shall engage in active partisan or non-partisan politics and hold any
salaried public office or engage in city employment, other than his commission duties. The
members of the commission shall serve without compensation.
SECTION 4.
Immediately after appointment the commission shall organize by electing one of its members
chairman and shall hold regular meetings at least once a month, and such additional meetings as
may be required for the proper discharge of its duties. All meetings of the commission shall be
open to the public. It shall appoint a chief examiner who shall also serve as secretary of the
commission and such assistants as may be necessary. The chief examiner shall keep the records
for the commission, preserve all reports made to it, superintend and keep a record of all
examinations held under its direction and perform such other duties as the commission may
prescribe. The chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or promotional
and limited to persons already in the service of the City of Yakima, Washington. The chief
examiner shall be subject to suspension, reduction, or discharge in the same manner and subject
to the same limitations as are provided in the case of members of the classified service. A pay
and classification plan with job descriptions providing equal pay for equal work shall be devised
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by the chief examiner with the cooperation and approval of the civil service commission which
shall be submitted in ordinance form to the City Council for passage.
SECTION 5.
It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof. Such
rules and regulations shall provide in detail the manner in which examinations may be held, and
appointments, promotions,transfers, reinstatements, demotions, suspensions, and discharges
shall be made, and may also provide for any other matters connected with the general subject of
personnel administration, and which may be considered desirable to further carry out the general
purposes of this Article, or which may be found to be in the interest of good personnel
administration. The rules and regulations and any amendments thereof shall be printed,
mimeographed, or multigraphed for free public distribution. Such rules and regulations may be
changed from time to time. Prior to adoption of new rules or changes in existing rules all
interested parties shall be given an opportunity to express opinions concerning the proposed rules
at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine the
capacity of persons examined to perform duties of the position to which appointment is to be
made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and report upon all matters concerning the enforcement and effect
of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all
departments, offices, places, positions, and employment affected by this Article, and ascertain
whether this Article and all such rules and regulations are being obeyed. Such investigations may
be made by the commission or by any commissioner designated by the commission for that
purpose. Not only must these investigations be made by the commission as aforesaid, but the
commission must make like investigation on petition of any citizen, duly verified, stating that
irregularities or abuses exist, and setting forth in concise language, in writing, the necessity for
such investigation. In the course of such investigation the commission, or the chairman or chief
examiner when authorized by a majority vote of the commission, may issue subpoenas to compel
the attendance at such place as may be designated in this City of witnesses and the production of
books and papers pertinent to any inquiry or investigation authorized by this Article; or may take
depositions of witnesses. Subpoenas shall also be used at the request of the parties to the
proceedings other than the commission and the chairman. The commission or any member
thereof, or the chief examiner, when authorized by the commission, may administer oaths and
take testimony. The commission or the chief examiner may examine such public records, as they
require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the rules of
practice and procedure adopted by the commission, and in the conduct thereof neither the
commission, nor designated commissioner shall be bound by technical rules of evidence. No
informality in any proceedings or hearing, or in the manner of taking testimony before the
commission or designated commissioner, shall invalidate any order, decision, rule, or regulation
made, or confirmed by the commission; provided, that no order, decision, rule or regulation
made by any designated commissioner conducting any hearing or investigation alone shall be
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any force or effect whatsoever unless and until concurred in by at least one of the other two
members.
(e) To hear and determine appeals or complaints respecting the allocation of positions, the
rejection of an examinee, and such other matters as may be referred to the commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative qualifications
of persons who seek employment in any class or position, and as a result thereof establish
eligible lists for the various classes of positions, and provide that persons laid off because of
curtailment of expenditures, reduction in force, and for like causes, head the list in the order of
their seniority, to the end that they shall be the first to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing authority,
when a vacant position is to be filled, on written request, the names of the three persons highest
on the eligible list for the class. Any one of the three persons so certified may be appointed. If
there is no such list, to authorize a provisional or temporary appointment list for such class. Such
temporary provisional appointment(s) shall not continue for longer than five months in any one
fiscal year.
(h) To keep such records as may be necessary for the proper administration of this Article.
As amended by vote of the people November 8, 1983.
SECTION 6.
The classified civil service and provisions of this Article shall be applicable to and shall include
all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective offices.
(b) Members of boards and commissions and the City Administrator;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for the
City Manag;r Mayor; one confidential secretary and one administrative assistant for the City
ldministrator;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a temporary
and special inquiry, investigation, or examination on behalf of the City Council or a committee
thereof, or by authority of the City Manayx:r Mayor.
SECTION 7.
All appointments to and promotions to positions in the classified civil service of the City of
Yakima shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open
competitive examination and impartial investigation. No person in the classified civil service
shall be reinstated in or transferred, suspended, or discharged from any such place, position, or
employment, contrary to the provisions of this Article.
SECTION 8.
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason
of the enactment hereof, all persons holding a position which is deemed classified under
SECTION 6 for a continuous period of six months prior to the effective dates of this Article, and
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still currently employed, are eligible for permanent appointment under civil service to the
offices, places, positions or employment which they then held without examination or other act
on their part, and not on probation; and every such person is automatically adopted and inducted
permanently into civil service, into the office, place, position or employment which he then held
as completely and effectual to all intents and purposes as if such person had been permanently
appointed thereto under civil service after examination and investigation.
SECTION 9.
The tenure of every person holding an office, place, position or employment under the provisions
of this Article shall be only during good behavior, and any such person may be removed or
discharged, suspended without pay, demoted or reduced in rank, for any of the following
reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the
public, or a fellow employee, or any other act of omission or commission tending to injure the
public service; or any other willful failure on the part of the employee to properly conduct
himself; or any willful violation of the provisions of this Article or of the rules and regulations to
be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug,
liquid, or preparation to such extent that the use thereof interferes with the efficiency or mental
or physical fitness of the employee or which precludes the employee from properly performing
the function and duties of any position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in the public
service.
SECTION 10.
No person in the classified civil service who has been permanently appointed or inducted into
civil service under provisions of this Article, shall be removed, suspended, or demoted except for
cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a
written statement of which accusation, in general terms, shall be served upon the accused; and a
duplicate filed with the commission. Any person so removed, suspended, or demoted may within
ten days from the time of his removal, suspension, or demotion, file with the commission a
written demand for an investigation, whereupon the commission shall conduct such
investigation. The investigation shall be confined to the determination of the question of whether
the removal, suspension, or demotion was made in good faith for cause. After such investigation
the commission may affirm the removal, or if it finds that removal, suspension or demotion was
not made in good faith or cause, shall order the immediate reinstatement or reemployment of
such person in the office, place, position, or employment from which he was removed,
suspended, or demoted, which reinstatement shall, if the commission so provides be retroactive,
and entitle such person to pay or compensation from the time of the removal, suspension, or
70
demotion. The commission upon such investigation in lieu of affirming a removal, may modify
the order by directing a suspension without pay, for a given period, and subsequent restoration to
duty, or demotion in classification, grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be forthwith enforced by such officer. All
investigations made by the commission pursuant to this SECTION shall be by public hearing,
after reasonable notice to the accused of the time and place thereof, at which hearing the accused
shall be afforded an opportunity of appearing in person and by counsel, and presenting his
defense. The subpoena provisions of SECTION 5 of this Article shall apply to all such hearings.
If the order of removal, suspension, or demotion is concurred in by the commission or a majority
thereof, the accused may appeal therefrom to the superior court of the county wherein he resides.
Such appeal shall be taken by serving the commission, within thirty days after the entry of its
order, a written notice appeal, stating the grounds thereof, and demanding that a certified
transcript of the record and of all papers on file in the office of the commission affecting or
relating to its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court. The court
shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing
shall be confined to the determination of whether the order of removal, suspension, or demotion
made by the commission, was or was not made in good faith for cause, and no appeal shall be
taken except upon such ground or grounds. The decision of the superior court may be appealed
to the Supreme Court.
SECTION 11.
Whenever a position in the classified service becomes vacant,the appointing power, if it desires
to fill the vacancy, shall requisition the commission for the names and addresses of persons
eligible for appointment thereto. The commission shall certify the names of three persons highest
on the eligible list for the class to which the vacant position has been allocated, who are willing
to accept employment. In case of more than one vacancy in a particular class one additional
name shall be certified for each additional vacancy. If there is no appropriate eligible list for the
class,the commission shall certify the name of three persons standing highest on the list held
appropriate for such class. The appointing power shall forthwith make is appointment to the
vacant position from the list of person so certified. To enable the appointing power to exercise a
choice in the filling of positions, no appointment, employment, or promotion in any position in
the classified service shall be deemed complete until after the expiration of a period of six
months' probationary service, as may be provided in the rules of the civil service commission,
during which the appointing power may terminate the employment of the person certified to him,
if during the performance test thus afforded, upon observation or consideration of the
performance of duty, the appointing power deems him unfit or unsatisfactory for employment by
the City of Yakima. Thereupon the appointing power shall select from the three persons certified
as standing next highest on any such list and such person shall likewise enter upon said duties for
the probationary period, until some person is found who is deemed fit for appointment,
employment, or promotion whereupon the appointment, employment, or promotion shall be
deemed complete.
SECTION 12.
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All offices, places, positions, and employment coming within the purview of this Article shall be
filled by the appointing power; nothing herein contained shall infringe upon the authority that the
City Council may have to fix the salaries and compensation of all employees employed
hereunder.
SECTION 13.
No treasurer, clerk or other officer, or employee of the City subject to this Article shall approve
the payment of or be in any manner concerned in paying, auditing, or approving any salary,
wage, or other compensation for services, to any person subject to the jurisdiction and scope of
this Article, unless a payroll, estimate, or account for such salary, wage, or other compensation,
containing the names of the persons to be paid, the amount to be paid, and any other information
which, in the judgment of the civil service commission, should be furnished on such payroll,
bears the certificate of the civil service commission, or of its chief examiner or other duly
authorized agent,that the persons named therein have been appointed or employed in compliance
with the terms of this Article and the rules of the commission, and that the payroll, estimate, or
account is, insofar as known to the commission, a true and accurate statement. The commission
shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or
improperly appointed, and may further refuse to certify the pay of any public officer or employee
who willfully or through culpable negligence, violates or fails to comply with this Article or with
the rules of the commission.
SECTION 14.
The commission shall begin and conduct all civil suits, which may be necessary for the proper
enforcement of this Article and rules of the commission. The commission shall be represented in
such suits by the city attorney.
SECTION 15.
The right of any person to an appointment or promotion or to any position in classified service of
the City shall not be withheld because of his race, color, religion, national origin, political
affiliation or belief, nor shall any person be dismissed, demoted,transferred or reduced in grade
for such reason.
SECTION 16.
No public officer, whether elected or appointed, shall discharge, promote, demote, or in any
manner change the official rank, employment, or compensation of any person under civil service
or promise or threaten so to do for giving or withholding, or neglecting to make any contribution
of money, or services, or any other valuable thing, for any political purpose.
SECTION 17.
All officers and employees of the City shall aid in all proper ways in carrying out the provisions
of this Article, and such rules and regulations as may, from time to time, be prescribed by the
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commission and afford the commission, its members, and employees, all reasonable facilities
and assistance in the inspection of books, papers, documents, and accounts applying or in any
way appertaining to any and all offices, places, positions, and employment, subject to civil
service, and also shall produce such books, papers, documents, and accounts, and attend and
testify, whenever required so to do by the commission or any commissioner.
SECTION 18.
The City Council shall provide in the city budget for each fiscal year a sum equal to one half of
one per cent of the preceding year's total payroll of those included under the scope of this
Article. The funds so provided shall be used for the support of the commission. The City Council
may provide additional funds for such purpose; any part of the funds so provided and not
expended shall be placed in the current expense fund on the first day of January following the
close of such fiscal year.
SECTION 19.
This Article shall be full force and effect on and after the first Monday in June, 1959.
SECTION 20.
If any SECTION, sentence, clause, or phrase of this Article should be held to be invalid or
unconstitutional,the validity or constitutionality thereof shall not affect the validity or
constitutionality of any other SECTION, sentence, clause, or phrase of this Article.
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Synopsis of the Primary Differences Between Draft Charter Amendments
Article I
Section 2: The version drafted by the City of Yakima Legal Department explicitly addresses
the effective date of the Charter amendment to specify that the amendment will
become effective upon the first swearing in of a Mayor. This is a critical issue,
because the amendment to the Charter should not go into effect prior to the
installation of a Mayor. Otherwise, the City will be left in limbo: without a City
Manager or a Mayor and without a clear executive. The version drafted by a
private resident does not fully address this issue.
Article II
Section 3: In Subsection D of Legal's version, it specifies that the Council President would
serve as Mayor Pro Tempore in the event of a temporary disability or absence of
the Mayor, while Section 7 of the private resident's version is silent on this issue
and only speaks to a "vacancy" in the office of the Mayor (which as defined in the
draft amendment does not include temporary absences).
In subsection D, City Legal's version specifies what happens in the event of a tie
and the Council is unable to agree on a replacement for a Council vacancy. The
private resident's version is silent on this issue.
Section 7: The private resident's version is not as specific as to what happens in the event
of a vacancy in the office of Mayor (see subsection 3 D of City Legal's version).
The private resident's version lays out the specific timing of the first Mayoral
primary and election. Technically, this is dependent on Council passing the
necessary resolutions calling for the required special elections subsequent to any
passage of a Charter Amendment. Because the timing of a mayoral primary and
election is dependent on future action of the Council, it is best not to specify the
specific timing of such an election in the City Charter. City Legal's version
generally provides that municipal elections shall be done in accordance with
state law, and so it is not specific as to the timing of any special election.
Section 8: In the private resident's version, the salary of the Mayor is set by the Charter,
which conflicts with RCW 35.22.205:
"The compensation and the time to be devoted to the performance of the duties
of the mayor and elected officials of all cities of the first class shall be as fixed by
ordinance of said city irrespective of any city charter provisions."
City Legal's version specifies that the Mayor's salary be set by ordinance.
Section 9: The private resident's version gives the Mayor authority to remove and appoint
all officers and employees, including City Administrator and administrative heads.
The City Legal version would require Council's consent for the appointment of an
administrative head or assistant head.
Article IV
Section 4: Under City Legal's version, an emergency ordinance would not be subject to
veto. This appears to be what the private resident's version contemplates, but it
is not clear.
VERSION 2 74
COMMUNITY MEMBERS DRAFT
VERSION 2 75
RESOLUTION NO. R-2019-
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima, at a special election to be
held therein on February 11, 2020, of a Proposition on whether Articles I,
II, IV, VI, VII, VIII, XIII, XIV, and XV of the Charter of the City of Yakima
should be amended to abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government; making
ancillary and corrective amendments throughout the Charter to
accommodate the change in the form of government; and requesting the
Yakima County Auditor to call a special election.
WHEREAS, Chapters 35.18 and 35.22 of the Revised Code of Washington (RCW)
authorizes first class cities of the State of Washington to amend and revise their charters to
abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form
of government, upon approval by a majority of the qualified voters of the city voting in a special
election called for that purpose; and
WHEREAS, an amendment of the charter may be initiated by the City Council through the
passing and approval of a resolution directing that a proposition be submitted to the qualified
voters in the City on whether the City should adopt an amended charter abandoning and
abolishing the Council-Manager form of government and adopting the Mayor-Council form of
government pursuant to amended City Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with
ancillary amendments throughout the City Charter to accommodate the change in the form of
government; and
WHEREAS, the City Council desires to hold a special election in the City of Yakima on
February 11, 2020, for the purpose of submitting to the qualified voters of the City the proposition
of whether the City of Yakima should abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government pursuant to amended Charter
Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with ancillary amendments throughout the City
Charter to accommodate the change in the form of government; and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City the
proposition of whether the City of Yakima should abandon and abolish the Council-Manager form
of government and adopt the Mayor-Council form of government, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the special election shall be in the form of a ballot title
as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO
ABANDON AND ABOLISH THE COUNCIL-MANAGER FORM OF GOVERNMENT AND
ADOPT THE MAYOR-COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF
YAKIMA, AND MAKE FURTHER AMENDMENTS COMMENSURATE THEREWITH
1
VERSION 2 76
PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure
would amend Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV to abandon and abolish the
Council-Manager form of government and adopt the Mayor-Council form of government.Adoption
of the proposition will also make ancillary amendments throughout the Charter to accommodate
the change in the form of government. Should this proposition be approved?
YES U
NO [_1
2. The City Clerk is authorized and directed to file a certified copy of this resolution with the
Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct a special election to be held
in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified
voters of the City of Yakima the proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this day of , 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
2
VERSION 2 77
ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now
established, or as hereafter established, shall continue to be the body politic and
corporate by name of City of Yakima, and under that name shall have perpetual
succession; shall use a corporate seal; may sue and be sued; may acquire property within
or without its boundaries for municipal purposes by purchase, gift, devise, lease, or
condemnation, and may sell, lease, hold, manage and control such property as its
interests may require, except that property purchased for park purposes shall be within
the city limits; and except as prohibited by the constitution of the State of Washington, or
restricted by this charter, the City of Yakima shall have all municipal powers, functions,
rights, privileges and immunities of every name and nature whatsoever pertaining to cities
of the first class within the State of Washington.
SECTION 2. This entire charter amendment and each article, section and
subsection thereof inclusive shall become effective and enforceable on behalf of the City
of Yakima upon the first swearing in of a duly elected Mayor following the election
enacting this charter and shall continue to be so until further amendment is adopted. If
any provision or part of this proposed charter amendment, or its application to any person
or circumstance is held invalid; the remainder of the proposed revisions or parts thereof;
or the application of the provision or parts to other persons or circumstances; is not
affected; and to this end the provisions and/or parts of this proposed charter amendment
are declared to be severable. The enumeration of particular powers by this charter shall
not be held or deemed to be exclusive, but in addition to the powers enumerated herein,
implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and
may exercise, all powers which under the constitution and laws of the State of Washington
it would be lawful for said charter specifically to enumerate. All powers of the City, whether
express or implied, shall be exercised in the manner prescribed by this charter, or if not
prescribed herein, then in the manner provided by law, ordinance or resolution of the City
Council. Furthermore, all powers of the City; unless otherwise provided in this charter,
shall be exercised by the Mayor and City Council in a Mayor-Council form of government.
They shall be subject to the control and direction of the people at all times by the initiative;
referendum and recall provided for in this charter.
ARTICLE II
Officers - Elective Officials, Qualifications, Authorities and Responsibilities —
Mayor-Council Form of Government
SECTION 1 . A. The elective officials of the City of Yakima shall consist of a Mayor
and seven Council members, who shall all be residents and qualified electors of the City
and shall not hold any other public office while serving as an elective official of the City
except that of Notary Public or member of the military branch of the state or federal
government. The Mayor shall be the chief executive officer of the City. Beginning with the
elections for the Yakima City Council to be held in 2015, and including the August 4, 2015
primary election and the November 3, 2015 general election, all elections for the Yakima
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City Council will be conducted using a system in which each of the seven members of the
City Council is elected from a single-member district. Each Council member must reside
in his or her district, and only residents of a given district may vote for the Council member
position for that district.
B. In the Final Injunction and Remedial Districting Plan ("Final Injunction")entered
by the Court in United States District Court for the Eastern District of Washington Case
No. 12-CV-3018-TOR ("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and
tables showing the boundaries of the seven single-member districts and their populations
were attached as Exhibit A to the Final Injunction.
C. The City shall take all steps necessary to implement the seven single-member
district plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in
order to allow single-member district based elections to proceed in 2015 and thereafter,
provided that the City of Yakima may revise those districts based on annexations, de-
annexations, and population changes reflected in the decennial census and at
appropriate times in the future when necessary to conform to state and federal law.
D. In order to preserve the staggered election plan for members of the City
Council, in elections held for the City Council in 2015 the odd numbered districts were set
for a four-year election cycle and even numbered districts were set initially for a two-year
term and are set thereafter for a four-year election cycle.
E. Future redistricting shall be done in a manner that complies with the terms and
intent of the Final Injunction and Judgment and the Court's August 22, 2014 Order in
Case No. 12-CV-3108-TOR, continues to provide for single-member districts, and
complies with Section 2 of the Voting Rights Act.
F. City Council Election: At the primary election, each qualified voter of each
district may cast only one vote for a City Council candidate. The names of the two
candidates from each district for whom the largest number of votes are cast at the primary
election shall appear on the general election ballot for that district.
Mayoral Election: At the primary election, each qualified voter of the City may
cast one vote for a Mayoral candidate. The names of the two Mayoral candidates for
whom the largest number of votes are cast at the primary election shall appear on the
general election ballot for City-wide vote.
G. In the event the Mayor, as an elected official of the City. moves his or her
place of residence outside of the City, or any Council member elected or appointed to a
district position moves t"x memhu;'sthat member's place of residence outside the district
boundary from which that member person was nominated or appointed, then the Mayor
orthat Council member shall forfeit the office of Mayor or Council member and the position
held by the Mayor or member shall be deemed to be vacant.
SECTION 2. The Council shall constitute the legislative branch and authority of the
City government and shall have power to adopt rules of order and regulations for the
conduct of its business.
SECTION 3. A. One of the seven elected Council members shall be the Council
President, chosen as provided by Section 4 A of this Article II. Any elective official that
ceases to possess any of the qualifications specified in general law or in this charter or is
4
VERSION 2 79
convicted of a felony or of a crime involving moral turpitude while in office shall
immediately forfeit that official's office.
B. Provision for the time and manner of election of the Mayor and Council
officials, and the conduct of such biennial elections, shall be governed by general state
laws, by this charter, and by applicable ordinances of the City as they may be enacted
from time to time.
C. The first primary election for Mayor shall be held in August 2020; the first
general election for Mayor shall be held in November 2020. The first mayoral term shall
be three years. Thereafter, the mayoral term shall be four years.
D. The annual salary of the Mayor shall not he less than an amount equal to the
salary of the highest paid City employee other than the City Administrator and any
Municipal Court judge who is paid more than the City Administrator, and shall be
specifically provided by ordinance. The annual salaries of the Council President and each
Council member shall be as set forth in City ordinance. The salaries of the office of
Council President and each Council member may be increased or decreased from time
to time by ordinance, but any change in the compensation attached to that office shall not
be applicable to the term then being served by the incumbent.
D. The office of Mayor, Council President or any Council member shall be deemed
vacant if any of the following occur:
1, failure to qualify within ten days after certification of election or as otherwise
provided by state law, or
2. death. or
3, resignation, or
4, removal from office by recall, or
5. failure to maintain residency requirement of the office, or
6. absence from four consecutive regularly scheduled meetings of the city
council without being excused by the council, or
7, conviction of a felony or a crime of moral turpitude, or
B. judicially declared incompetency
In the event of a vacancy in the office of Mayor, the members of the Council shall
elect one of their number to the vacant office of Mayor for the unexpired term and shall
then follow the procedure set forth in this Section to appoint a person to the Council
position left vacant by the person assuming the office of Mayor. In the case of the
temporary absence or temporary disability of the Mayor, the Council President shall be
the Mayor Pro Tempore and perform the duties of Mayor. The Mayor Pro Tempore shall
not have the power to appoint or remove any officer, or to veto any acts of the City Council.
In the event a vacancy occurs in the City Council positions for any reason, the
vacancy in the district shall be filled by the appointment of some qualified person who is
a resident of that district by a majority vote of the remaining members of the Council, but
such appointee shall hold office only until the next regular municipal election, at which
time a qualified person who is a resident of that district shall be elected to serve for the
remainder of the unexpired term for that position. If, after 30 days have passed since the
5
VERSION 2 80
occurrence of a vacancy, the Council is unable to agree upon a person to be appointed
to fill a vacancy in the Council. the Mayor shall make the appointment from among the
persons nominated by members of the Council.
SECTION 4. A. The Council shall choose its own e 4-a1a-Council President at
its first meeting and at the first meeting afterof the newly elected Council following
each biennial elections. The Council President
Mayor during the biennium for which chosen. The Mayor shall preside at all meetings of
the Council and shall also set the Council Agenda for each meeting held by the Council,
The Council President shall be a member of the City Council with equal rights and
privileges and shall be entitled to vote on all matters coming before the Council. The
Council President shall not possess any veto power. The Council President shall have
the powers and perform the duties conferred upon him or her by this charter; the City
Council and the ordinances of the City.
If a vacancy occurs in the office of RkaycwCouncil President, or in case of the Mayor s
Council Presidents absence or disability, a Mayor Council President pro tem shall be
elected by the Council from its members to act as Mayor Council President for the
unexpired term or during the continuance of the absence or disability. In the case of a
permanent vacancy, the Council shall then follow the procedure set forth at Section 3 D
to appoint a person to the Council position left vacant by the person assuming the office
of Council President pro tem.
B. Four Council members shall be a quorum for the transaction of business. In
the absence of a quorum the members present at a meeting shall adjourn the meeting to
a later date.
SECTION 4. Except as otherwise provide '
elector- of the City and any member ccxcing to possccs any of the qualification- specified
SECTION 5. The Council shall meet at the times and places fixed by ordinance,
but must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon written request of the Mayor, the Council President; or any
twetwo members. Requests for special meetings shall state the subjects to be considered
and no final action may he taken with respect to any other subject sha!l be considered
atdurinq a special meeting . All meetings
of the Council and of committees thereof shall be open to the public, and the rules of the
6
VERSION 2 81
council shall provide that citizens of the City shall have a reasonable opportunity to be
heard at any meetings in regard to any matter being considered thereat.
deem necessary. Employees of the Council shall not be chosen for 3 definite term but
in respect to the duties of the office as hereinafter outlined. Choice shall not be limited by
of the National and State Governments and the faithful performance of duties, and shall
}
remove the City Manager and the mesons therefor. Upon passage of the resolution
removal becomes effective. The City Manager may, within thirty days from the date of
for removal. In the event no reply is timely filed, the resolution shall upon the thirty first
Manager, the Council may designate come qualified person to perform the duties of the
SECTION 9. The powers and duties of the City Manager shall •e:
the City, except members of the Council, but the appointment and removal of those
systems of the City of Yakim❑ shall be pursuant to the Civil Service laws, rules and
7
VERSION 2 82
(3) To attend all meetings of the Council at which his attendance may be required by that
testy-
(1) To see that all laws and ordinances are faithfully executed. subject to the authority
which the Council may grant the Mayor to
or expedient;
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future needs;
SECTION 6Tfl as a h n ti u n + a The Mayor shall
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appoint a City Administrator to assist in the general administration of the City. The specific
responsibilities of the City Administrator shall be determined by the Mayor. Administrative
departments shall be created and discontinued by the City Council as the public business
may demand. Pending further action by the City Council, the administrative departments
now in existence shall be continued. The rights, powers and duties of the departments
shall be prescribed, distributed, assigned, established or discontinued by ordinance.
SECTION 7. t f. The Mayor shall be the chief executive officer of the City. The
position of Mayor is a full-time position. The Mayor shall not accept or hold employment
preventing the Mayor from being available at City offices during the hours the offices are
open to the public or that would prevent the Mayor from regularly attending Council
meetings and other meetings as may from time to time be required. In addition to the
powers and duties granted a chief executive and/or administrative officer under the laws
of the State of Washington, the Mayor shall have the following powers and duties:
A. The power to appoint and remove the administrative heads in each department of
the City government, provided the appointment. but not the removal. of an
administrative head shall be subject to the approval of the City Council and,
further provided; that the head of any department shall not be deprived by any
such removal of any standing under the civil service provisions of this charter
which the employee may have had before appointment as head or assistant head
of a department. City residency shall not he a requirement for these positions.
B. The power to appoint and remove a city clerk, provided such appointment, but not
removal. shall be subject to the approval of the City Council. City residency shall
not be a requirement for this position.
C. The power to appoint and remove a city attorney, provided such appointment, but
not removal, shall be subject to the approval of the City Council. City residency
shall not be a requirement for this position.
D. The power to appoint and remove, subject to the civil service provisions of this
charter, all other officers and employees of the City of Yakima or to authorize the
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VERSION 2 83
head of a department or officer responsible to the Mayor to appoint and remove
subordinates in such department or office.
E. The power to make all other appointments required to be made by the Mayor by
the laws of the State of Washington and in the manner provided hereby.
F. The power to appoint and remove a City Administrator, provided such
appointment, but not removal, shall be subject to the approval of the City Council.
Residency within the City shall not be a requirement for this position. The City
Administrator, under the general supervision of the Mayor, shall assist the Mayor,
and in the discretion of the Mayor shall supervise the administrative offices and
shall perform such other duties as are delegated to the position by the Mayor from
time to time.
G. The power to appoint and remove an executive secretary and assistants who are
not subject to civil service. City residency shall not he a requirement for these
positions.
H. Whenever the City Council shall be required to appoint any member of a board,
committee, commission or other body, unless the appointee must be a Council
member, it shall be the duty of the Mayor to nominate a suitable person for such
appointment. City residency may be required for these positions and shall be
specifically stated in statute arid/or ordinance. If the City Council refuses to
appoint any nominee of the Mayor. then the Mayor shall, within forty five days
thereafter, nominate another person to fill the office, and may continue to
nominate until Council appointment. If the Mayor fails to make another such
nomination within forty five days, then the City Council shall select a suitable
person to fill the office.
I. The power to remove a Council appointee, other than a Council member
appointee, from a board, committee or commission. Upon such removal, the
vacancy for the unexpired term, if any, shall be filled by appointment in the same
mariner as if at the beginning of the term, except as otherwise provided in this
charter.
J. The duty to see that all laws and ordinances are faithfully enforced and that law
and order are maintained in the City.
K. The duty to annually, at the first meeting of the City Council in February,
communicate by message to the City Council a statement of the conditions and
affairs of the City, and to recommend the adoption of such measures he or she
may deem expedient and proper. The Mayor shall make special communication to
the City Council from time to time as he or she may deem useful and proper. and
shall submit reports on City matters when so requested by the City Council,
L. The duty to prepare and present to the City Council a budget and a budget
message setting forth the programs proposed for the City during the next fiscal
year. Budget preparation and presentation shall comply with applicable state
statutes. City Charter and City Ordinance provisions and shall generally include a
budget forecast presented to the Council by mid-October, a preliminary budget
presented to the Council before November 1 . and a final budget presented to
Council no later than the final December City Council meeting of each year.
M. The power to recommend to the City Council for adoption such measures and
ordinances as may be deemed expedient and to make such other
9
VERSION 2 84
recommendations to the City Council concerning the affairs of the City as may
seem desirable.
N. The power to veto ordinances or parts of ordinances passed by the Council and
submitted to him or her as provided herein; provided that such veto may be
overridden by the vote of a majority of all Council members plus one more vote.
O. The power to make investigation into the affairs of the City under the supervision
of the Mayor or any department or division, or the proper performance of any
contract or obligation running to the City of Yakima.
P. The power to make recommendations in connection with the awarding of public
contracts and see that all contracts made by the City of Yakima are faithfully
performed.
Q. The duty to approve for payment and submit to the City Council at each meeting
for its allowance all claims and bills. To the extent specifically approved and
provided for in ordinance the Mayor may have limited authority to pay claims and
bills in amounts less than or equal to those specifically provided by ordinance
without first obtaining Council approval.
R. The authority to execute contracts and execute settlement agreements on behalf
of the City so long as said contracts and settlement agreements have been
previously approved by Council. To the extent specifically approved and provided
for in ordinance the Mayor may have limited authority to execute contracts and
settlement agreements in amounts less than or equal to those specifically
provided by ordinance without first obtaining Council approval.
S. The duty to attend, or assign a representative to attend, all meetings of the City
Council as may be required by that body. The Mayor or the assigned
representative shall not vote on any matters before the Council for consideration.
T. The Mayor shall have no authority to increase or reduce taxes; the Mayor shall
possess no taxing authority on behalf of the City.TheGityManageemayauthethe
the head of the department or office responsible to the City Manager to appoint
who may se appointed by the City Manager or by the head of a department or
provisions of SECTION 9 herein, the decision of the City Manager or other
shall be on the basis of executive and aciminist
City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members shalt
* *
10
VERSION 2 85
SECTION 11. The City Manager and other officere, assistants anti employees;
sha!l be payable at such times as the Council shall determine.
SECTION 81-5. Nothing in this Article shall affect the pension or Civil Service or
merit system of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1 . Elections shall be general, primary or special. The manner and
method of holding and calling municipal elections, both general and special, shall be
according to State law. All municipal elections shall be non-partisan and by the qualified
electors of the City.
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VERSION 2 86
ARTICLE IV
Legislation by the People
SECTION 1 . The people of Yakima, in addition to the method of legislation herein
before provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied by the
proposed legislation in the form of a proposed ordinance and requesting that such
ordinance be submitted to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number
of votes cast at the last general City election and the number of signers of such petition,
and shall present such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum
of the total number of votes cast at the last preceding general city election, the City
Council, within twenty days after receipt thereof, except as otherwise provided in this
Charter, shall either pass such ordinance without alteration, or refer it to a popular vote
at a special election which must be held at the first available opportunity in accordance
with the provisions of State law for special municipal elections: Provided, however, that if
any other municipal election is to be held more than thirty days but within ninety days
after the filing of the petition, said proposed ordinance shall be submitted without
alteration to be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition
signed by qualified electors equal in number to ten per centum of the entire vote cast at
the last preceding general city election shall be filed with the City Clerk, protesting against
the enactment of such ordinance, it shall be suspended from taking effect. Immediately
upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a)
and (b) of this article. Thereupon the City Council shall immediately reconsider such
ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at
the next municipal election; or, the City Council may call a special election for that purpose
as such elections are permitted by state statutes'
and such ordinance shall not take effect, unless a majority
of the qualified electors voting thereon at such election shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or rejection
at any election any proposed ordinance in the same manner and effect as provided in this
article for submission on petition.
SECTION 5. There shall not be held under this article more than one special
election in any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for
carrying out the provisions of this article not inconsistent herewith.
12
VERSION 2 87
ARTICLE V
The Recall
SECTION 1 . The holder of any elective office, whether elected or appointed thereto,
may be removed from such office by recall proceedings as provided by the laws of the
State of Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city
office or employment within two years after such removal or resignation.
ARTICLE VI
Ordinances; Additional Powers and Limitations on Officers
SECTION 1 . A. At all meetings of the City Council every resolution and ordinance
shall be in writing and read aloud by title before a vote is taken thereon; provided, at the
request of a majority of Council members present, a resolution or ordinance shall be
read aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and
nays shall be called and recorded. All ordinances, except ordinances making
appropriations or codifying or rearranging existing ordinances, shall be confined to one
subject, which shall be clearly expressed in the title. Ordinances making appropriations
shall be confined to the subject of appropriations. The enacting clause of all ordinances
shall be, "Be it ordained by the City of Yakima."
B. Every ordinance; except those which become emergency ordinances, passed
by the City Council shall; within five days thereafter, be presented to the Mayor.
C. Within ten days after its presentation; the Mayor shall either sign the ordinance
and return it to the City Clerk. or veto the ordinance and return it to the City Clerk with a
written and signed statement of the reasons for the Mayor's veto, or sign and partially
veto an appropriation ordinance and return it to the City Clerk with a written and signed
statement of the reasons for the partial veto. If an ordinance is not returned by the Mayor
within ten days after its presentation, it shall be deemed enacted without the Mayor's
signature. Within thirty days after an ordinance has been vetoed and returned or partially
vetoed and returned, the City Council may override the veto or partial veto by enacting
the ordinance by an affirmative vote of the majority plus one vote.
D. Every ordinance enacted by the City Council shall be signed by the Mayor; or
the Council President or two City Council members in the event of prior Mayoral veto.
attested by the City Clerk and recorded in a book kept for that purpose.
SECTION 2. A. Ordinances making the annual tax levy or relating to local
improvements or assessments therefore, or making appropriations, emergency
ordinances, or ordinances adopted by vote of the electors shall take effect at the time
indicated therein; all other ordinances shall take effect 30 days after the date of the
enactment and publication thereof as herein provided.
B. An ordinance which is subject to the veto power of the Mayor and which is not
vetoed. or the approved portions of an ordinance which has been partially vetoed, shall
13
VERSION 2 88
be deemed enacted on the date that it is approved by, or ten days after it is presented to,
the Mayor. An ordinance which is vetoed, or the vetoed portions of an ordinance, shall be
deemed enacted on the date that the City Council overrides the veto or partial veto. An
ordinance which is not subject to the veto power of the Mayor shall be deemed enacted
on the date it is approved by the City Council.
C. An emergency ordinance is one to provide for the immediate preservation of
the public peace, property, health or safety. The unanimous vote of the City Council shall
be necessary for the passage of an emergency ordinance, which shall not be subject to
veto by the Mayor. No measure making or amending a grant, renewal or extension of a
franchise or other special privilege shall ever be passed as an emergency measure.
SECTION 3. Upon its final passage,
. the number and title of each ordinance enanctedpassed
by the City Council, with certificate as herein provided, attached thereto shall be published
once in the official newspaper of the city. Said certificate shall be signed by the City Clerk
and shall be in substantially the following form: "Ordinance No. bearing above
title, was duly and regularly passed by the City Council of the City of Yakima, Washington,
on the day of 20 , and is now on file with the undersigned at
the office of the City Clerk, where the same is open to the public inspection. Dated . City
Clerk."
SECTION 1. Members of the City Council shall be qualified electors of the City.
SECTION 45. No elective official, officer or employee of the City shall solicit or
receive any pay, commission, money or thing of value, or derive any benefit, profit or
advantage, directly or indirectly from or by reason of any improvement, alteration or
repair, or purchase of materials required by the City, or any contract to which the City
shall be a party, except his lawful compensation or salary as such officer or employee. A
violation of any of the provisions of this SECTION shall disqualify the offender to continue
in office or employment and he shall be forthwith removed.
SECTION 56. Any purchase of supplies, material, equipment or services, except
for public work or improvement, where the cost thereof exceeds a specific sum to be set
by ordinance within the limits established by State law shall be made upon call for bids in
the same method and under the same conditions as required herein on a call for bids for
public work or improvement. This monetary limit for the purchase of supplies, material,
equipment and services may be increased from time to time, but no more often than one
time in any twenty-four month period, by ordinance enacted by the vote of no less than a
14
VERSION 2 89
two-thirds majority of the City Council members, up to, but in no case to exceed any
amount allowed by State law. In the event of an emergency declared by resolution of the
City Council, any purchase of supplies, material, equipment or service may be made
without calling for bids.
SECTION 64. In addition to the provisions of the general law the City Council may
by ordinance create and establish special funds into which all monies received for a
special or specific purpose may be placed: Provided, however, that such fund or funds
shall be other than those deriving revenue from taxation.
SECTION 74. There shall be a dedicated street overlay and reconstruction fund,
reserved for the enhancement in quality and value of City street infrastructure, of no less
than Two Million Dollars annually in the City's General Fund budget. This dedicated fund
base amount of Two Million Dollars shall be adjusted annually in accord with the annual
change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price
Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no
other use of this fund than as is provided in this Section.
SECTION 84. There shall be a dedicated public parks and recreation capital fund,
reserved for the construction and rehabilitation of City public parks and recreation
facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's
General Fund budget. This dedicated fund base amount of Seven Hundred Fifty
Thousand Dollars shall be adjusted annually in accord with the annual change in the June
U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers (CPI-U) West Region. The City Council shall make no other use of this fund
than as is provided in this Section.
ARTICLE VII
Limitation of Taxation
SECTION 1 . The fiscal year of the City shall commence on the first day of January
and end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and
collect taxes upon all the real and personal property (not exempt from taxation)within the
City for the corporate uses and purposes thereof and provide for the payment of the debts
and expenses of the City; provided that after January 1 , 2014, any new councilmanic tax
may be assessed, levied or increased only by a minimum affirmative vote of five members
of the City Council. The Mayor shall have no authority to assess or levy any taxes on
behalf of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall
be taken and apportioned by the City Council from the current expense fund which for
any one year shall not exceed the statutory limits established by State law on each dollar
of assessed valuation of the property within the City except as follows:
15
VERSION 2 90
(a) The levies for redemption of and interest on the bonded debt of the City heretofore or
hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter bets required
by general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council; and boards
or committees selected by the City Council to assist in the management of any municipal
activities, if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any
corporation, person or society not expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1 . The City Council may appoint advisory boards, committees and
commissions as may be deemed helpful and necessary to the City Council to assist in
administering the City's operation and programs, including but not limited to parks,
playgrounds and city planning. The City Council shall have full charge of the budgets for
such purposes and shall by ordinance regulate the organization and duties of such
boards, committees and commissions, and may provide that any monies acquired by
donation, bequest or from leases or concessions, fines, or penalties shall be used in
addition to the amount set aside in the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the
financing and repair, replacement, rehabilitation or extension of any public utility owned
and operated by the City, provided, however, that such financing shall be arranged upon
the credit of the utility itself and not upon the issuance of general obligation bonds of the
City.
ARTICLE X
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VERSION 2 91
Claims
SECTION 1 . Claims for damages and the filing of such claims against the City, its
officers, employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1 . No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges,
or public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a
provision that the City may acquire the public utility for the exercise of which the franchise
is granted, either by agreement or by condemnation, and that upon such purchase by the
City, either by agreement or condemnation, no value of the franchise itself shall be taken
into account in fixing the price to be paid by the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than
twenty-five years.
SECTION 5. No franchise shall be renewed or extended earlier than three years
prior to its expiration.
SECTION 6. No franchise shall be granted without provision for proper
compensation to the City. Such compensation shall when feasible be a percentage upon
the gross earnings of the person or corporation to whom such franchise is granted arising
from the exercise of such franchise. When the determination of the gross earnings by the
exercise of the franchise is not feasible the ordinance granting said franchise shall
prescribe such other mode of determining the compensation to be paid the City by the
grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall
submit to the City Council within sixty days after the first day of January of each year, an
annual report verified by the oath of such person or the president, treasurer or general
manager of such corporation, which shall contain such detailed information as may be
prescribed by the City Council to enable it to determine the amount of compensation to
be paid to the City for the use of said franchise during the preceding year. Any such
person, persons, or corporations which shall refuse or fail to make any such report within
the time specified shall be liable to a penalty established in accord with State law,
ordinance and specific franchise agreements for each and every day during which he or
it shall fail to file such report, such penalty to be sued for and recovered by the City in any
court having jurisdiction thereof.
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SECTION 8. No franchise granted by the City shall ever be leased, assigned or
otherwise alienated without the express consent of the City Council by ordinance passed
for that purpose, and no rule of estoppel shall ever be invoked against the City in case it
shall assert the invalidity of any attempted transfer in violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban
railroad or bus line shall provide that all United States mail carriers, city officials,
policemen and firemen shall at all time while in the actual discharge of their duties be
allowed to ride upon such cars or buses under said franchise without paying therefore,
and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as
granted by any ordinance except when expressed therein in plain and unambiguous
terms, and if any ambiguity appears therein it shall be construed in favor of the city and
against the claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1 . The City may borrow money and become indebted in any legal way,
subject, as to the amount and manner of incurring indebtedness, to the provisions and
limitations of the constitution and laws of the state and this charter; and subject to the
same provisions and limitations, the City may issue bonds to secure any existing or
contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by
ordinance may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1 . This charter may be amended in the manner provided by the laws of
the State of Washington. Special elections for amending this charter may be called by the
City Council or shall be called upon petition of qualified voters of the City of a number not
less than fifteen percent of the total number of votes cast at the last preceding general
stato election, and otherwise as set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the
former corporation in and to any and all property, real or personal, of whatever kind of
character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall
go into effect and not inconsistent herewith, shall remain in force until amended or
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repealed or until they expire by limitation. All rights and obligations in favor of or against
the City existing at the time this charter shall go into effect and shall continue without
modification. All street and other improvements, all vacations of public streets, alleys or
places, all assessments for improvements, all suits and actions in court, all fines,
penalties and forfeitures and all other matters relating to the City that may have been
begun and not completed, shall be completed according to the law and ordinances
existing prior to the time this charter shall go into effect, and all taxes and assessments
levied and remaining unpaid when this charter shall go into effect shall be collected as
provided by the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered I to XIV, inclusive, shall be submitted upon the
ballot as a complete charter and shall be included in the vote "For the Charter" and
"Against the Charter," and in the event that a majority of all votes cast thereon, shall be
"For the Charter" said charter shall be adopted.
ARTICLE XV
Civil Service
SECTION 1 . The general purpose of this charter amendment is to establish for the
City of Yakima a system of personnel administration based on merit principles and
governing the appointment, promotion, transfer, layoff, removal, discipline and welfare of
its employees, and other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed
as follows:
(a) "Commission" means the civil service commission herein created, and
"Commissioner" means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city civil
service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person
to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those persons
listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be
composed of three persons. The commission members shall be appointed by the City
Council in the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three names
submitted to the Council chosen by a referendum of city employees, excluding police and
firemen. The City Clerk shall conduct the referendum and shall formulate proper rules
and regulations for said referendum.
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(c) The third shall be appointed by the City Council from a list of three names submitted
to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be
appointed for different times, as follows: The appointee from the employee referendum
list shall serve for a period of six years, the appointee at large as designated in subsection
(a) above to serve for a period of four years, and the third appointee to serve for two
years. All commissioners must be registered voters of Yakima County. Any member of
the commission may be removed from office for incompetence, incompatibility, or
dereliction of duty, or malfeasance of office, or other good cause; provided, that no
member of the commission shall be removed until charges have been preferred, in
writing, due notice, and a full hearing held before the City Council. Any vacancy in the
commission shall be filled in the same manner as provided for selecting the commissioner
previously filling the vacancy. Two members of the commission shall constitute a quorum
and the votes of any two members concurring shall be sufficient for the decision of all
matters and the transaction of all business to be decided by the commission. No member
of the civil service commission shall engage in active partisan or non-partisan politics and
hold any salaried public office or engage in city employment, other than his commission
duties. The members of the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by
electing one of its members chairman and shall hold regular meetings at least once a
month, and such additional meetings as may be required for the proper discharge of its
duties. All meetings of the commission shall be open to the public. It shall appoint a chief
examiner who shall also serve as secretary of the commission and such assistants as
may be necessary. The chief examiner shall keep the records for the commission,
preserve all reports made to it, superintend and keep a record of all examinations held
under its direction and perform such other duties as the commission may prescribe. The
chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or
promotional and limited to persons already in the service of the City of Yakima,
Washington. The chief examiner shall be subject to suspension, reduction, or discharge
in the same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job descriptions
providing equal pay for equal work shall be devised by the chief examiner with the
cooperation and approval of the civil service commission which shall be submitted in
ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof.
Such rules and regulations shall provide in detail the manner in which examinations may
be held, and appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be
considered desirable to further carry out the general purposes of this Article, or which
may be found to be in the interest of good personnel administration. The rules and
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regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be changed from
time to time. Prior to adoption of new rules or changes in existing rules all interested
parties shall be given an opportunity to express opinions concerning the proposed rules
at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine
the capacity of persons examined to perform duties of the position to which appointment
is to be made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and to report upon all matters concerning the enforcement and
effect of the provisions of this Article, and the rules and regulations prescribed hereunder;
to inspect all departments, offices, places, positions, and employments affected by this
Article, and ascertain whether this Article and all such rules and regulations are being
obeyed. Such investigations may be made by the commission or by any commissioner
designated by the commission for that purpose. Not only must these investigations be
made by the commission as aforesaid, but the commission must make like investigation
on petition of any citizen, duly verified, stating that irregularities or abuses exist, and
setting forth in concise language, in writing, the necessity for such investigation. In the
course of such investigation the commission, or the chairman or chief examiner when
authorized by a majority vote of the commission, may issue subpoenas to compel the
attendance at such place as may be designated in this City of witnesses and the
production of books and papers pertinent to any inquiry or investigation authorized by this
Article; or may take depositions of witnesses. Subpoenas shall also be issuedused at the
request of the parties to the proceedings other than the commission and the chairman.
The commission or any member thereof, or the chief examiner, when authorized by the
commission, may administer oaths and take testimony. The commission or the chief
examiner may examine such public records, as they require in relation to any matter,
which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the rules
of practice and procedure adopted by the commission, and in the conduct thereof neither
the commission, nor designated commissioner shall be bound by technical rules of
evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any order,
decision, rule, or regulation made, or confirmed by the commission; provided, that no
order, decision, rule or regulation made by any designated commissioner conducting any
hearing or investigation alone shall be any force or effect whatsoever unless and until
concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions,
the rejection of an examinee, and such other matters as may be referred to the
commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a result
thereof establish eligible lists for the various classes of positions, and provide that persons
laid off because of curtailment of expenditures, reduction in force, and for like causes,
head the list in the order of their seniority, to the end that they shall be the first to be
reemployed.
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(g) It shall be the duty of the Civil Service Commission to certify to the appointing authority,
when a vacant position is to be filled, on written request, the names of the three persons
highest on the eligible list for the class. Any one of the three persons so certified may be
appointed. If there is no such list, to authorize a provisional or temporary appointment list
for such class. Such temporary provisional appointment(s) shall not continue for longer
than five months in any one fiscal year.
(h) To keep such records as may be necessary for the proper administration of this Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be
applicable to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective
offices.
(b) Members of boards and commissions and the City M Administrator;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for
each of the Mayor and City ManagerAdministrator;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City Council
or a committee thereof, or by authority of the City ManagerMayor.
SECTION 7. All appointments to and promotions to positions in the classified civil
service of the City of Yakima shall be made solely on merit, efficiency, and fitness, which
shall be ascertained by open competitive examination and impartial investigation. No
person in the classified civil service shall be reinstated in or transferred, suspended, or
discharged from any such place, position, or employment, contrary to the provisions of
this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position
which is deemed classified under SECTION 6 for a continuous period of six months prior
to the effective dates of this Article, and still currently employed, are eligible for permanent
appointment under civil service to the offices, places, positions or employment which they
then held without examination or other act on their part, and not on probation; and every
such person is automatically adopted and inducted permanently into civil service, into the
office, place, position or employment which he then held as completely and effectual to
all intents and purposes as if such person had been permanently appointed thereto under
civil service after examination and investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior, and
any such person may be removed or discharged, suspended without pay, demoted or
reduced in rank, for any of the following reasons:
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(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment
of the public, or a fellow employee, or any other act of omission or commission tending to
injure the public service; or any other willful failure on the part of the employee to properly
conduct himself; or any willful violation of the provisions of this Article or of the rules and
regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug,
liquid, or preparation to such extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee or which precludes the employee from properly
performing the function and duties of any position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in the
public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the
appointing power or any citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused; and a duplicate filed with the
commission. Any person so removed, suspended, or demoted may within ten days from
the time of his removal, suspension, or demotion, file with the commission a written
demand for an investigation, whereupon the commission shall conduct such investigation.
The investigation shall be confined to the determination of the question of whether the
removal, suspension, or demotion was made in good faith for cause. After such
investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which reinstatement
shall, if the commission so provides be retroactive, and entitle such person to pay or
compensation from the time of the removal, suspension, or demotion. The commission
upon such investigation in lieu of affirming a removal, may modify the order by directing
a suspension without pay, for a given period, and subsequent restoration to duty, or
demotion in classification, grade, or pay. The findings of the commission shall be certified,
in writing to the appointing power, and shall be forthwith enforced by such officer. All
investigations made by the commission pursuant to this SECTION shall be by public
hearing, after reasonable notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of appearing in person and by
counsel, and presenting his defense. The subpoena provisions of SECTION 5 of this
Article shall apply to all such hearings. If the order of removal, suspension, or demotion
is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding that a certified transcript of
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the record and of all papers on file in the office of the commission affecting or relating to
its order, be filed by the commission with the court. The commission shall, within ten days
after the filing of the notice, make, certify, and file such transcript with the court. The court
shall thereupon proceed to hear and determine the appeal in a summary manner. Such
hearing shall be confined to the determination of whether the order of removal,
suspension, or demotion made by the commission, was or was not made in good faith for
cause, and no appeal shall be taken except upon such ground or grounds. The decision
of the superior court may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the
names and addresses of persons eligible for appointment thereto. The commission shall
certify the names of three persons highest on the eligible list for the class to which the
vacant position has been allocated, who are willing to accept employment. In case of
more than one vacancy in a particular class one additional name shall be certified for
each additional vacancy. If there is no appropriate eligible list for the class, the
commission shall certify the name of three persons standing highest on the list held
appropriate for such class. The appointing power shall forthwith make its appointment to
the vacant position from the list of persons so certified. To enable the appointing power
to exercise a choice in the filling of positions, no appointment, employment, or promotion
in any position in the classified service shall be deemed complete until after the expiration
of a period of six months! probationary service, as may be provided in the rules of the civil
service commission, during which the appointing power may terminate the employment
of the person certified to him, if during the performance test thus afforded, upon
observation or consideration of the performance of duty, the appointing power deems him
unfit or unsatisfactory for employment by the City of Yakima. Thereupon the appointing
power shall select from the three persons certified as standing next highest on any such
list and such person shall likewise enter upon said duties for the probationary period, until
some person is found who is deemed fit for appointment, employment, or promotion
whereupon the appointment, employment, or promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employments coming within the
purview of this Article shall be filled by the appointing power; nothing herein contained
shall infringe upon the authority that the City Council may have to fix the salaries and
compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject
to this Article shall approve the payment of or be in any manner concerned in paying,
auditing, or approving any salary, wage, or other compensation for services, to any
person subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or
account for such salary, wage, or other compensation, containing the names of the
persons to be paid, the amount to be paid, and any other information which, in the
judgment of the civil service commission, should be furnished on such payroll, bears the
certificate of the civil service commission, or of its chief examiner or other duly authorized
agent, that the persons named therein have been appointed or employed in compliance
with the terms of this Article and the rules of the commission, and that the payroll,
24
VERSION 2 99
estimate, or account is, insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of any public officer or employee
whom it finds to be illegally or improperly appointed, and may further refuse to certify the
pay of any public officer or employee who willfully or through culpable negligence, violates
or fails to comply with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may
be necessary for the proper enforcement of this Article and rules of the commission. The
commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any
position in classified service of the City shall not be withheld because of his race, color,
religion, national origin, political affiliation or belief, nor shall any person be dismissed,
demoted, transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank, employment, or
compensation of any person under civil service or promise or threaten so to do for giving
or withholding, or neglecting to make any contribution of money, or services, or any other
valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may, from
time to time, be prescribed by the commission and afford the commission, its members,
and employees, all reasonable facilities and assistance in the inspection of books, papers,
documents, and accounts applying or in any way appertaining to any and all offices,
places, positions, and employments, subject to civil service, and also shall produce such
books, papers, documents, and accounts, and attend and testify, whenever required so
to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year
a sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the current
expense fund on the first day of January following the close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday
in June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should
be held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase
of this Article.
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VERSION 2 100
As adopted by vote of the people on February 11. 2020. Effective January 1 of the year
immediately following the first swearing in of a duly elected Mayor following the election
enacting this charter.
26
101
Synopsis of the Primary Differences Between Draft Charter Amendments
Article I
Section 2: In the community member's version 2,the time at which the Charter amendment becomes
effective as specified in Article I, Section 2 does not match the time specified at the end of
the Charter amendment.
Article II
Section 1: In Section 1 G, City Legal's version addresses the potential situation where a council
member's residence falls outside of his or her district due to a mid-term redistricting. It
specifies that such a council member would not lose his or her seat until the end of the
unexpired term.The community member's version 2 is silent as to the issue.
Section 3: In Section 3 C,the community member's version 2 lays out the specific timing of the first
Mayoral primary and election.Technically,the timing of any special election is dependent on
a future Council passing the necessary resolutions calling for such special elections and
submitting the resolutions to the county auditor in a timely fashion.Thus,City Legal's
version is silent as to specific timing of the first mayoral primary and election, and generally
provides that municipal elections shall be done in accordance with state law.
Section 3: In the community member's version 2,the salary of the Mayor is specified to be "not less
than an amount equal to the salary of the highest paid City employee other than the City
Administrator, and shall be specifically provided by ordinance."This language could be read
to conflict with RCW 35.22.205:
"The compensation and the time to be devoted to the performance of the duties of the
mayor and elected officials of all cities of the first class shall be as fixed by ordinance of said
city irrespective of any city charter provisions."
City Legal's version simply specifies that the Mayor's salary be set by ordinance.
Section 5: In the community member's version 2, it specifies that"The Clerk shall call special meetings
of the Council upon written request of the Mayor,the Council President, or two members."
However, RCW 42.30.080(1)specifies that:
A special meeting may be called at any time by the presiding officer of the
governing body of a public agency or by a majority of the members of the
governing body by delivering written notice . . .
City Legal's version reads, "The Clerk shall call special meetings of the Council upon written
request of the Council President or a majority of the Council members,"which is in harmony
with the statute.
Additionally,there are a handful of minor differences between the two versions. Also, if the Council were to
adopt the community member's version 2,there are two of Article II Section 3 D,the latter would need to be
corrected to read "E."
Distributed at the 7 f'T
Meeting //-1Q'/9
Synopsis of the Primary Differences Between Draft Charter Amendments
(Private community member's version 3 emailed to Council on November 17,2019)
Article I
Section 2: In the private community member's version#3,the time at which the Charter amendment
becomes effective as specified in Article I, Section 2 does not match the time specified at the
end of the Charter amendment.
Article II
Section 1: In Section 1 G, City Legal's version addresses the potential situation where a council
member's residence falls outside of his or her district due to a mid-term redistricting. It
specifies that such a council member would not lose his or her seat until the end of the
unexpired term.The community member's version is silent as to the issue, and as a result a
council member in this position would likely lose their council seat.
Section 5: In the community member's version, it specifies that "The Clerk shall call special meetings of
the Council upon written request of the Council President or two members." However, RCW
42.30.080(1)specifies that:
A special meeting may be called at any time by the presiding officer of the
governing body of a public agency or by a majority of the members of the
governing body by delivering written notice . . .
City Legal's version reads, "The Clerk shall call special meetings of the Council upon written
request of the Council President or a majority of the Council members,"which is in harmony
with the statute.
Additionally, City Legal's version specifies that the public"shall have a reasonable
opportunity to be heard at any regular meetings in regard to any matter considered
thereat." The community member's version maintains the status quo and omits "regular."
Thus,the community member's version requires the opportunity for public comment at all
council meetings, special meetings,study sessions, and committee meetings,whereas City
Legal's version defers to Council's discretion as to whether to allow public comment at
meetings other than regular council meetings—such as for a study session,to consider an
emergency ordinance, etc.
Section 7: The community member's version imposes upon the mayor a duty to attend council
meetings, or to send a representative to attend. City Legal's version requires that the Mayor
not maintain any employment that would prevent his or her regular attendance of council
meetings, but does not explicitly command attendance.
MEMO
To: Yakima City Council
From: Dave Edler
Mike Leita
Bruce Smith
Date: Nov. 17, 2019
Re: Proposed charter change
Please find attached our final proposed charter amendments. There are just
a few differences between our proposal and the one offered by the city's Legal
Staff.
Some of the late changes happened because city staff unintentionally
provided us with inaccurate information late last week. Most of the rest are
minor tweaks and technical corrections.
Thank you for your attention.
IIeRq)0 3
Pce elVed << «-l`l
COMMUNITY MEMBERS' VERSION
RESOLUTION NO. R-2019-
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima, at a special election to be
held therein on February 11, 2020, of a Proposition on whether Articles I,
II, IV, VI, VII, VIII, XIII, XIV, and XV of the Charter of the City of Yakima
should be amended to abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government; making
ancillary and corrective amendments throughout the Charter to
accommodate the change in the form of government; and requesting the
Yakima County Auditor to call a special election.
WHEREAS, Chapters 35.18 and 35.22 of the Revised Code of Washington (RCW)
authorizes first class cities of the State of Washington to amend and revise their charters to
abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form
of government, upon approval by a majority of the qualified voters of the city voting in a special
election called for that purpose; and
WHEREAS, an amendment of the charter may be initiated by the City Council through the
passing and approval of a resolution directing that a proposition be submitted to the qualified
voters in the City on whether the City should adopt an amended charter abandoning and
abolishing the Council-Manager form of government and adopting the Mayor-Council form of
government pursuant to amended City Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with
ancillary amendments throughout the City Charter to accommodate the change in the form of
government; and
WHEREAS, the City Council desires to hold a special election in the City of Yakima on
February 11, 2020, for the purpose of submitting to the qualified voters of the City the proposition
of whether the City of Yakima should abandon and abolish the Council-Manager form of
government and adopt the Mayor-Council form of government pursuant to amended Charter
Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with ancillary amendments throughout the City
Charter to accommodate the change in the form of government; and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City the
proposition of whether the City of Yakima should abandon and abolish the Council-Manager form
of government and adopt the Mayor-Council form of government, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the special election shall be in the form of a ballot title
as follows:
PROPOSITION NO. 1
ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO
ABANDON AND ABOLISH THE COUNCIL-MANAGER FORM OF GOVERNMENT AND
ADOPT THE MAYOR-COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF
YAKIMA, AND MAKE FURTHER AMENDMENTS COMMENSURATE THEREWITH
1
PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure
would amend Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV to abandon and abolish the
Council-Manager form of government and adopt the Mayor-Council form of government.Adoption
of the proposition will also make ancillary amendments throughout the Charter to accommodate
the change in the form of government. Should this proposition be approved?
YES ( 1
NO [_]
2. The City Clerk is authorized and directed to file a certified copy of this resolution with the
Yakima County Auditor.
3. The Yakima County Auditor is requested to call and conduct a special election to be held
in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified
voters of the City of Yakima the proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this resolution.
ADOPTED BY THE CITY COUNCIL this 19th day of November 2019.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
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ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now
established, or as hereafter established, shall continue to be the body politic and
corporate by name of City of Yakima, and under that name shall have perpetual
succession; shall use a corporate seal; may sue and be sued; may acquire property within
or without its boundaries for municipal purposes by purchase, gift, devise, lease, or
condemnation, and may sell, lease, hold, manage and control such property as its
interests may require, except that property purchased for park purposes shall be within
the city limits; and except as prohibited by the constitution of the State of Washington, or
restricted by this charter, the City of Yakima shall have all municipal powers, functions,
rights, privileges and immunities of every name and nature whatsoever pertaining to cities
of the first class within the State of Washington.
SECTION 2. This entire charter amendment and each article, section and
subsection thereof inclusive shall become effective and enforceable on behalf of the City
of Yakima upon the first swearing in of a duly elected Mayor following the election
enacting this charter and shall continue to be so until further amendment is adopted. If
any provision or part of this proposed charter amendment, or its application to any person
or circumstance is held invalid, the remainder of the proposed revisions or parts thereof,
or the application of the provision or parts to other persons or circumstances, is not
affected, and to this end the provisions and/or parts of this proposed charter amendment
are declared to be severable. The enumeration of particular powers by this charter shall
not be held or deemed to be exclusive, but in addition to the powers enumerated herein,
implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and
may exercise, all powers which under the constitution and laws of the State of Washington
it would be lawful for said charter specifically to enumerate. All powers of the City, whether
express or implied, shall be exercised in the manner prescribed by this charter, or if not
prescribed herein, then in the manner provided by law, ordinance or resolution of the City
Council. Furthermore, all powers of the City, unless otherwise provided in this charter,
shall be exercised by the Mayor and City Council in a Mayor-Council form of government.
They shall be subject to the control and direction of the people at all times by the initiative,
referendum and recall provided for in this charter.
ARTICLE II
Officers--- Elective Officials, Qualifications, Authorities and Responsibilities —
Mayor-Council-Manager Form of Government
SECTION 1. A. The elective officials of the City of Yakima shall consist of a Mayor
and seven Council members, who shall all be residents and qualified electors of the City
and shall not hold any other public office while serving as an elective official of the City
except that of Notary Public or member of the military branch of the state or federal
government. The Mayor shall be the chief executive officer of the City. Beginning with the
elections for the Yakima City Council to be held in 2015, and including the August 4, 2015
primary election and the November 3, 2015 general election, all elections for the Yakima
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City Council will be conducted using a system in which each of the seven members of the
City Council is elected from a single-member district. Each Council member must reside
in his or her district, and only residents of a given district may vote for the Council member
position for that district.
B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered
by the Court in United States District Court for the Eastern District of Washington Case
No. 12-CV-3018-TOR ("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and
tables showing the boundaries of the seven single-member districts and their populations
were attached as Exhibit A to the Final Injunction.
C. The City shall take all steps necessary to implement the seven single-member
district plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in
order to allow single-member district based elections to proceed in 2015 and thereafter,
provided that the City of Yakima may revise those districts based on annexations, de-
annexations, and population changes reflected in the decennial census and at
appropriate times in the future when necessary to conform to state and federal law.
D. In order to preserve the staggered election plan for members of the City
Council, in elections held for the City Council in 2015 the odd numbered districts were set
for a four-year election cycle and even numbered districts were set initially for a two-year
term and are set thereafter for a four-year election cycle.
E. Future redistricting shall be done in a manner that complies with the terms and
intent of the Final Injunction and Judgment and the Court's August 22, 2014 Order in
Case No. 12-CV-3108-TOR, continues to provide for single-member districts, and
complies with Section 2 of the Voting Rights Act.
F. City Council Election: At the primary election, each qualified voter of each
district may cast only one vote for a City Council candidate. The names of the two
candidates from each district for whom the largest number of votes are cast at the primary
election shall appear on the general election ballot for that district.
Mayoral Election: At the primary election, each qualified voter of the City may
cast one vote for a Mayoral candidate. The names of the two Mayoral candidates for
whom the largest number of votes are cast at the primary election shall appear on the
general election ballot for City-wide vote. The mayoral term shall be for four years,
provided, however, that should a mayoral election be held during an even-numbered year
pursuant to a special election, the first mayoral term shall be for three years.
G. In the event the Mayor, as an elected official of the City, moves his or her
place of residence outside of the City, or any Council member elected or appointed to a
district position moves that membe"'that member's place of residence outside the district
boundary from which that member person was nominated or appointed, then the Mayor
orthat Council member shall forfeit the office of Mayor or Council member and the position
held by the Mayor or member shall be deemed to be vacant.
SECTION 2. The Council shall constitute the legislative branch and authority of the
City government and shall have power to adopt rules of order and regulations for the
conduct of its business.
SECTION 3. A. One of the seven elected Council members shall be the Council
President, chosen as provided by Section 4 A of this Article II. Any elective official that
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ceases to possess any of the qualifications specified in general law or in this charter or is
convicted of a felony or of a crime involving moral turpitude while in office shall
immediately forfeit that official's office.
B. Provision for the time and manner of election of the Mayor and Council
officials, and the conduct of such biennial elections, shall be governed by general state
laws, by this charter, and by applicable ordinances of the City as they may be enacted
from time to time.
C. The annual salaries of the Mayor, Council President and each Council
member shall be as set forth in City ordinance. The salaries of the office of Council
President and each Council member may be increased or decreased from time to time
by ordinance, but any change in the compensation attached to that office shall not be
applicable to the term then being served by the incumbent.
D. The office of Mayor, Council President or any Council member shall be deemed
[vacant if any of the following occur:
1. failure to qualify within ten days after certification of election or as otherwise
provided by state law, or
,2. death, or
3. resignation, or
14. removal from office by recall, or
5. failure to maintain residency requirement of the office, or
6. absence from four consecutive regularly scheduled meetings of the city
council without being excused by the council, or
7. conviction of a felony or a crime of moral turpitude, or
18. judicially declared incompetency
In the event of a vacancy in the office of Mayor, the members of the Council shall
elect one of their number to the vacant office of Mayor for the unexpired term and shall
then follow the procedure set forth in this Section to appoint a person to the Council
position left vacant by the person assuming the office of Mayor. In the case of the
temporary absence or temporary disability of the Mayor, the Council President shall be
the Mayor Pro Tempore and perform the duties of Mayor. The Mayor Pro Tempore shall
not have the power to appoint or remove any officer, or to veto any acts of the City Council.
In the event a vacancy occurs in the City Council positions for any reason, the
vacancy in the district shall be filled by the appointment of some qualified person who is
a resident of that district by a majority vote of the remaining members of the Council, but
such appointee shall hold office only until the next regular municipal election, at which
time a qualified person who is a resident of that district shall be elected to serve for the
remainder of the unexpired term for that position. If, after 30 days have passed since the
occurrence of a vacancy, the Council is unable to agree upon a person to be appointed
to fill a vacancy in the Council, the Mayor shall make the appointment from among the
persons nominated by members of the Council.
SECTION 4. A. The Council shall choose its own chairman Council President at
its first meeting and at the first meeting afterof the newly elected Council following
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eachsubseguent biennial elections. The Council Presidentchairman shall have the title of
shall preside at all meetings of
the Council and shall also set the Council Agenda for each meeting held by the Council.
The Council President shall be a member of the City Council with equal rights and
privileges and shall be entitled to vote on all matters coming before the Council. The
Council President shall not possess any veto power. The Council President shall have
the powers and perform the duties conferred upon him or her by this charter, the City
Council and the ordinances of the City. and imposed by this charter and the ordinances
of the City. The Mayor shall be recognized as the head of the City for all ceremonial
regular administrative duties but in time of public danger or emergency shall, if so
authorized and directed by a majority vote of the Council, take command of the police,
immunities of a member of the Council with the right to vote as another member thereof.
If a vacancy occurs in the office of MayerCouncil President, or in case of the Mayor's
Council President's absence or disability, a Mayer-Council President pro tem shall be
elected by the Council from its members to act as Mayer-Council President for the
unexpired term or during the continuance of the absence or disability. In the case of a
permanent vacancy, the Council shall then follow the procedure set forth at Section 3 D
to appoint a person to the Council position left vacant by the person assuming the office
of Council President pro tern.
B. Four Council members shall be a quorum for the transaction of business. In
the absence of a quorum the members present at a meeting shall adiourn the meeting to
a later date.
SECTION 4. Except as otherwise provided in this charter, all powers of the City
shall be vested in the Council. The Mayor and ach mcmbcr of the Council shall receive
compensation as established by Ordinance. Members of the Council shall be qualified
electors of the City and any mcmbcr c acing to possess any of the qualifications specified
office shall immediately forfeit his office.
SECTION 5. The Council shall meet at the times and places fixed by ordinance,
but must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon written request of the Council President, or any twotwo
members. Requests for special meetings shall state the subjects to be considered and
no final action may be taken with respect to any other subject shall be considered atdurinq
a special meeting except by consent of all members of the Council. All meetings of the
Council and of committees thereof shall be open to the public, and the rules of the council
shall provide that citizens of the City shall have a reasonable opportunity to be heard at
any meetings in regard to any matter being considered thereat.
SECTION 6. The Council shall choose such employees of its own body, as it may
deem necessary. Employees of the Council shall not be chosen for a definite term but
shall continue to serve during the pleasure of the Council.
6
SECTION 7. The Council shall appoint an officer whose title shall be City Manager
and who shall be the chief executive officer and the head of the administrative branch of
the City government. The City Manager shall be chosen upon the basis of character and
in respect to the duties of the office as hereinafter outlined. Choice shall not be limited by
any residence or political qualification. No person elected to membership on the Council
upon the duties of the office, such City Manager shall take the official oath for the support
of the National and State Governments and the faithful performance of duties, and shall
execute a bond in favor of the City in such sum as may be fixed by the Council.
be removed by a majority vote of the Council. At least thirty days before the effective date
of removal, the City Manager must be furnished with a formal statement in the form of a
resolution passed by a majority vote of the City Council stating the Council's intention to
remove the City Manager and the reasons therefor. Upon passage of the resolution
,
vote suspend the City Manager from duty, but compensation shall continue until the
removal becomes effective. The City Manager may, within thirty days from the date of
service upon the City Manager of a copy thereof, reply in writing to the resolution of intent
for removal. In the event no reply is timely filed, the resolution shall upon the thirty first
day from the date of such service constitute the final resolution removing the City
,
shall not be adopted until a public hearing has been held. The action of the Council in
removing the City Manager shall be final. In case of the absence or disability of the City
Manager, the Council may designate some qualified person to perform the duties of the
office during such absence or disability.
SECTION 9. The powers and duties of the City Manager shall be:
{1) To have general supervision over the administrative affairs of the municipality;
the City, except members of the Council, but the appointment and removal of those
systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and
may cause an audit to be made of any department or office of the City government and
may select the persons to make it, without the advice or consent of the City Manager;
body;
{4) To see that all laws and ordinances are faithfully executed, subject to the authority
7
(5)To recommend for adoption by the Council such measures as he may deem nece:fary
or expedient;
(6) To prepare and submit to the Council such reports as may be required by that body
or as he may deem it advisable to submit;
(7) To keep the Council fully advised of the financial condition of the City or town and its
future needs;
{8) To prepare and submit to the Council a tentative budget for the fiscal year;
{9)To perform such other duties as the Council may determine by ordinance or resolution.
SECTION 6a-9. Administrative departments shall be created The Mayor shall
appoint a City Administrator to assist in the general administration of the City. The specific
responsibilities of the City Administrator shall be determined by the Mayor. Administrative
departments shall be created and discontinued by the City Council as the public business
may demand. Pending further action by the City Council, the administrative departments
now in existence shall be continued. The rights, powers and duties of the departments
shall be prescribed, distributed, assigned, established or discontinued by ordinance.
SECTION 7. 4—The Mayor shall be the chief executive officer of the City. The
position of Mayor is a full-time position. The Mayor shall not accept or hold employment
preventing the Mayor from being available at City offices during the hours the offices are
open to the public or that would prevent the Mayor from regularly attending Council
meetings and other meetings as may from time to time be required, or that would
interfere with any other conditions or duties of the office as set by ordinance. In addition
to the powers and duties granted a chief executive and/or administrative officer under
the laws of the State of Washington, the Mayor shall have the following powers and
duties:
A. The power to appoint and remove the administrative heads in each department of
the City government, provided the appointment, but not the removal, of an
administrative head shall be subject to the approval of the City Council and,
further provided, that the head of any department shall not be deprived by any
such removal of any standing under the civil service provisions of this charter
which the employee may have had before appointment as head or assistant head
of a department. City residency shall not be a requirement for these positions.
B. The power to appoint and remove a city clerk, provided such appointment, but not
removal, shall be subject to the approval of the City Council. City residency shall
not be a requirement for this position.
C. The power to appoint and remove a city attorney, provided such appointment, but
not removal, shall be subject to the approval of the City Council. City residency
shall not be a requirement for this position.
D. The power to appoint and remove, subject to the civil service provisions of this
charter, all other officers and employees of the City of Yakima or to authorize the
head of a department or officer responsible to the Mayor to appoint and remove
subordinates in such department or office.
E. The power to make all other appointments required to be made by the Mayor by
the laws of the State of Washington and in the manner provided hereby.
8
F. The power to appoint and remove a City Administrator, provided such
appointment, but not removal, shall be subject to the approval of the City Council.
Residency within the City shall not be a requirement for this position. The City
Administrator, under the general supervision of the Mayor, shall assist the Mayor,
and in the discretion of the Mayor shall supervise the administrative offices and
shall perform such other duties as are delegated to the position by the Mayor from
time to time.
G. The power to appoint and remove an executive secretary and assistants who are
not subject to civil service. City residency shall not be a requirement for these
positions.
H. Whenever the City Council shall be required to appoint any member of a board,
committee, commission or other body, unless the appointee must be a Council
member, it shall be the duty of the Mayor to nominate a suitable person for such
appointment. City residency may be required for these positions and shall be
specifically stated in statute and/or ordinance. If the City Council refuses to
appoint any nominee of the Mayor, then the Mayor shall, within forty five days
thereafter, nominate another person to fill the office, and may continue to
nominate until Council appointment. If the Mayor fails to make another such
nomination within forty five days, then the City Council shall select a suitable
person to fill the office.
I. The power to remove a Council appointee, other than a Council member
appointee, from a board, committee or commission. Upon such removal, the
vacancy for the unexpired term, if any, shall be filled by appointment in the same
manner as if at the beginning of the term, except as otherwise provided in this
charter.
J. The duty to see that all laws and ordinances are faithfully enforced and that law
and order are maintained in the City.
K. The duty to annually, at the first meeting of the City Council in February,
communicate by message to the City Council a statement of the conditions and
affairs of the City, and to recommend the adoption of such measures he or she
may deem expedient and proper. The Mayor shall make special communication to
the City Council from time to time as he or she may deem useful and proper, and
shall submit reports on City matters when so requested by the City Council.
L. The duty to prepare and present to the City Council a budget and a budget
message setting forth the programs proposed for the City during the next fiscal
year. Budget preparation and presentation shall comply with applicable state
statutes, City Charter and City Ordinance provisions and shall generally include a
budget forecast presented to the Council by mid-October, a preliminary budget
presented to the Council before November 1, and a final budget presented to
Council no later than the final December City Council meeting of each year.
M. The power to recommend to the City Council for adoption such measures and
ordinances as may be deemed expedient and to make such other
recommendations to the City Council concerning the affairs of the City as may
seem desirable.
9
N. The power to veto ordinances or parts of ordinances passed by the Council and
submitted to him or her as provided herein; provided that such veto may be
overridden by the vote of a majority of all Council members plus one more vote.
O. The power to make investigation into the affairs of the City under the supervision
of the Mayor or any department or division, or the proper performance of any
contract or obligation running to the City of Yakima.
P. The power to make recommendations in connection with the awarding of public
contracts and see that all contracts made by the City of Yakima are faithfully
performed.
Q. The duty to approve for payment and submit to the City Council at each meeting
for its allowance all claims and bills. To the extent specifically approved and
provided for in ordinance the Mayor may have limited authority to pay claims and
bills in amounts less than or equal to those specifically provided by ordinance
without first obtaining Council approval.
R. The authority to execute contracts and execute settlement agreements on behalf
of the City so long as said contracts and settlement agreements have been
previously approved by Council. To the extent specifically approved and provided
for in ordinance the Mayor may have limited authority to execute contracts and
settlement agreements in amounts less than or equal to those specifically
provided by ordinance without first obtaining Council approval.
S. The duty to attend, or assign a representative to attend, all meetings of the City
Council as may be required by that body. The Mayor or the assigned
representative shall not vote on any matters before the Council for consideration.
T. The Mayor shall have no authority to increase or reduce taxes; the Mayor shall
possess no taxing authority on behalf of the City.The City Manager may authorize
the head of the department or office responsible to the City Manager to appoint
and remove subordinates in such department or office. Any officer or employee
who may be appointed by the City Manager or by the head of a department or
office, except one who holds a position subject to Civil Service, may be removed
by the City Manager or other such appointing officer at any time. Subject to the
provisions of SECTION 9 herein, the decision of the City Manager or other
appeal.
SECTION 12. Appointments made by or under the authority of the City Manager
shall be on the basis of executive and administrative ability and of the training and
experience of the appointees in the work, which they arc to perform. Residence within the
City shall not be a requirement.
SECTION 13 Neither the Council nor env of its committees er members shall
,
orders to any subordinate of the City Manager, either publicly or privately: Provided,
however, that nothing herein shall be construed to prohibit the Council, while in open
10
SECTION 14. The City Manager and other officers, assistants and employees,
shall receive such salary or compensation as the Council shall fix by ordinance and it
shall be payable at such times as the Council shall determine.
SECTION 84-5. Nothing in this Article shall affect the pension or Civil Service or
merit system of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and
method of holding and calling municipal elections, both general and special, shall be
according to State law. All municipal elections shall be non-partisan and by the qualified
electors of the City.
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ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation herein
before provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied by the
proposed legislation in the form of a proposed ordinance and requesting that such
ordinance be submitted to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number
of votes cast at the last general City election and the number of signers of such petition,
and shall present such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum
of the total number of votes cast at the last preceding general city election, the City
Council, within twenty days after receipt thereof, except as otherwise provided in this
Charter, shall either pass such ordinance without alteration, or refer it to a popular vote
at a special election which must be held at the first available opportunity in accordance
with the provisions of State law for special municipal elections: Provided, however, that if
any other municipal election is to be held more than thirty days but within ninety days
after the filing of the petition, said proposed ordinance shall be submitted without
alteration to be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition
signed by qualified electors equal in number to ten per centum of the entire vote cast at
the last preceding general city election shall be filed with the City Clerk, protesting against
the enactment of such ordinance, it shall be suspended from taking effect. Immediately
upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a)
and (b) of this article. Thereupon the City Council shall immediately reconsider such
ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at
the next municipal election; or, the City Council may call a special election for that purpose
as such elections are permitted by state statutes'
for special municipal elections; and such ordinance shall not take effect, unless a majority
of the qualified electors voting thereon at such election shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or rejection
at any election any proposed ordinance in the same manner and effect as provided in this
article for submission on petition.
SECTION 5. There shall not be held under this article more than one special
election in any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for
carrying out the provisions of this article not inconsistent herewith.
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ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed thereto,
may be removed from such office by recall proceedings as provided by the laws of the
State of Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city
office or employment within two years after such removal or resignation.
ARTICLE VI
Ordinances; Additional Powers and Limitations on Officers
SECTION 1. A. At all meetings of the City Council every resolution and ordinance
shall be in writing and read aloud by title before a vote is taken thereon; provided, at the
request of a majority of Council members present, a resolution orand ordinance shall be
read aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and
nays shall be called and recorded. All ordinances, except ordinances making
appropriations or codifying or rearranging existing ordinances, shall be confined to one
subject, which shall be clearly expressed in the title. Ordinances making appropriations
shall be confined to the subject of appropriations. The enacting clause of all ordinances
shall be, "Be it ordained by the City of Yakima."
B. Every ordinance, except those which become emergency ordinances, passed
by the City Council shall, within five days thereafter, be presented to the Mayor.
C. Within ten days after its presentation, the Mayor shall either sign the ordinance
and return it to the City Clerk, or veto the ordinance and return it to the City Clerk with a
written and signed statement of the reasons for the Mayor's veto, or sign and partially
veto an appropriation ordinance and return it to the City Clerk with a written and signed
statement of the reasons for the partial veto. If an ordinance is not returned by the Mayor
within ten days after its presentation, it shall be deemed enacted without the Mayor's
signature. Within thirty days after an ordinance has been vetoed and returned or partially
vetoed and returned, the City Council may override the veto or partial veto by enacting
the ordinance by an affirmative vote of the maioritv plus one vote.
D. Every ordinance enacted by the City Council shall be signed by the Mayor, or
the Council President or two City Council members in the event of prior Mayoral veto,
attested by the City Clerk and recorded in a book kept for that purpose.
SECTION 2. A. Ordinances making the annual tax levy or relating to local
improvements or assessments therefore, or making appropriations, emergency
ordinances, or ordinances adopted by vote of the electors shall take effect at the time
indicated therein; all other ordinances shall take effect 30 days after the date of the
enactment and publication thereof as herein provided.
B. An ordinance which is subiect to the veto power of the Mayor and which is not
vetoed, or the approved portions of an ordinance which has been partially vetoed, shall
13
be deemed enacted on the date that it is approved by, or ten days after it is presented to,
the Mayor. An ordinance which is vetoed, or the vetoed portions of an ordinance, shall be
deemed enacted on the date that the City Council overrides the veto or partial veto. An
ordinance which is not subject to the veto power of the Mayor shall be deemed enacted
on the date it is approved by the City Council.
C. An emergency ordinance is one to provide for the immediate preservation of
the public peace, property, health or safety. The unanimous vote of the City Council shall
be necessary for the passage of an emergency ordinance, which shall not be subject to
veto by the Mayor. No measure making or amending a grant, renewal or extension of a
franchise or other special privilege shall ever be passed as an emergency measure.
SECTION 3. Upon its final passage, ach ordinance or resolution shall be
authenticated by the signature of the Mayor and attested by the City Clerk and recorded
in a book kept for that purpose. Tthe number and title of each ordinance enanctedpassed
by the City Council, with certificate as herein provided, attached thereto shall be published
once in the official newspaper of the city. Said certificate shall be signed by the City Clerk
and shall be in substantially the following form: "Ordinance No. bearing above
title, was duly and regularly passed by the City Council of the City of Yakima, Washington,
on the day of 20 , and is now on file with the undersigned at
the office of the City Clerk, where the same is open to the public inspection. Dated . City
Clerk."
SECTION 4. Members of the City Council shall be qualified electors of the City,
and shall not hold any other public office except that of Notary Public or member of the
military branch of the state or federal government. A member of the City Council ceasing
certified copy of the judgment of conviction filed in the office of the City Clerk shall be
prima facie evidence of forfeiture as above provided.
SECTION 46. No elective official, officer or employee of the City shall solicit or
receive any pay, commission, money or thing of value, or derive any benefit, profit or
advantage, directly or indirectly from or by reason of any improvement, alteration or
repair, or purchase of materials required by the City, or any contract to which the City
shall be a party, except his lawful compensation or salary as such officer or employee. A
violation of any of the provisions of this SECTION shall disqualify the offender to continue
in office or employment and he shall be forthwith removed.
SECTION 56. Any purchase of supplies, material, equipment or services, except
for public work or improvement, where the cost thereof exceeds a specific sum to be set
by ordinance within the limits established by State law shall be made upon call for bids in
the same method and under the same conditions as required herein on a call for bids for
public work or improvement. This monetary limit for the purchase of supplies, material,
equipment and services may be increased from time to time, but no more often than one
time in any twenty-four month period, by ordinance enacted by the vote of no less than a
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two-thirds majority of the City Council members, up to, but in no case to exceed any
amount allowed by State law. In the event of an emergency declared by resolution of the
City Council, any purchase of supplies, material, equipment or service may be made
without calling for bids.
SECTION 67. In addition to the provisions of the general law the City Council may
by ordinance create and establish special funds into which all monies received for a
special or specific purpose may be placed: Provided, however, that such fund or funds
shall be other than those deriving revenue from taxation.
SECTION 78. There shall be a dedicated street overlay and reconstruction fund,
reserved for the enhancement in quality and value of City street infrastructure, of no less
than Two Million Dollars annually in the City's General Fund budget. This dedicated fund
base amount of Two Million Dollars shall be adjusted annually in accord with the annual
change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price
Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no
other use of this fund than as is provided in this Section.
SECTION 8-3. There shall be a dedicated public parks and recreation capital fund,
reserved for the construction and rehabilitation of City public parks and recreation
facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's
General Fund budget. This dedicated fund base amount of Seven Hundred Fifty
Thousand Dollars shall be adjusted annually in accord with the annual change in the June
U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban
Consumers (CPI-U) West Region. The City Council shall make no other use of this fund
than as is provided in this Section.
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of January
and end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and
collect taxes upon all the real and personal property (not exempt from taxation)within the
City for the corporate uses and purposes thereof and provide for the payment of the debts
and expenses of the City; provided that after January 1, 2014, any new councilmanic tax
may be assessed, levied or increased only by a minimum affirmative vote of five members
of the City Council. The Mayor shall have no authority to assess or levy any taxes on
behalf of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall
be taken and apportioned by the City Council from the current expense fund which for
any one year shall not exceed the statutory limits established by State law on each dollar
of assessed valuation of the property within the City except as follows:
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(a) The levies for redemption of and interest on the bonded debt of the City heretofore or
hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter beis required
by general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council; and boards
or committees selected by the City Council to assist in the management of any municipal
activities, if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any
corporation, person or society not expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1. The City Council may appoint advisory boards, committees and
commissions as may be deemed helpful and necessary to the City Council to assist in
administering the City's operation and programs, including but not limited to parks,
playgrounds and city planning. The City Council shall have full charge of the budgets for
such purposes and shall by ordinance regulate the organization and duties of such
boards, committees and commissions, and may provide that any monies acquired by
donation, bequest or from leases or concessions, fines, or penalties shall be used in
addition to the amount set aside in the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the
financing and repair, replacement, rehabilitation or extension of any public utility owned
and operated by the City, provided, however, that such financing shall be arranged upon
the credit of the utility itself and not upon the issuance of general obligation bonds of the
City.
ARTICLE X
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Claims
SECTION 1. Claims for damages and the filing of such claims against the City, its
officers, employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges,
or public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a
provision that the City may acquire the public utility for the exercise of which the franchise
is granted, either by agreement or by condemnation, and that upon such purchase by the
City, either by agreement or condemnation, no value of the franchise itself shall be taken
into account in fixing the price to be paid by the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than
twenty-five years.
SECTION 5. No franchise shall be renewed or extended earlier than three years
prior to its expiration.
SECTION 6. No franchise shall be granted without provision for proper
compensation to the City. Such compensation shall when feasible be a percentage upon
the gross earnings of the person or corporation to whom such franchise is granted arising
from the exercise of such franchise. When the determination of the gross earnings by the
exercise of the franchise is not feasible the ordinance granting said franchise shall
prescribe such other mode of determining the compensation to be paid the City by the
grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall
submit to the City Council within sixty days after the first day of January of each year, an
annual report verified by the oath of such person or the president, treasurer or general
manager of such corporation, which shall contain such detailed information as may be
prescribed by the City Council to enable it to determine the amount of compensation to
be paid to the City for the use of said franchise during the preceding year. Any such
person, persons, or corporations which shall refuse or fail to make any such report within
the time specified shall be liable to a penalty established in accord with State law,
ordinance and specific franchise agreements for each and every day during which he or
it shall fail to file such report, such penalty to be sued for and recovered by the City in any
court having jurisdiction thereof.
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SECTION 8. No franchise granted by the City shall ever be leased, assigned or
otherwise alienated without the express consent of the City Council by ordinance passed
for that purpose, and no rule of estoppel shall ever be invoked against the City in case it
shall assert the invalidity of any attempted transfer in violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban
railroad or bus line shall provide that all United States mail carriers, city officials,
policemen and firemen shall at all time while in the actual discharge of their duties be
allowed to ride upon such cars or buses under said franchise without paying therefore,
and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as
granted by any ordinance except when expressed therein in plain and unambiguous
terms, and if any ambiguity appears therein it shall be construed in favor of the city and
against the claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way,
subject, as to the amount and manner of incurring indebtedness, to the provisions and
limitations of the constitution and laws of the state and this charter; and subject to the
same provisions and limitations, the City may issue bonds to secure any existing or
contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by
ordinance may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of
the State of Washington. Special elections for amending this charter may be called by the
City Council or shall be called upon petition of qualified voters of the City of a number not
less than fifteen percent of the total number of votes cast at the last preceding general
ctatc election, and otherwise as set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the
former corporation in and to any and all property, real or personal, of whatever kind of
character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall
go into effect and not inconsistent herewith, shall remain in force until amended or
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repealed or until they expire by limitation. All rights and obligations in favor of or against
the City existing at the time this charter shall go into effect and shall continue without
modification. All street and other improvements, all vacations of public streets, alleys or
places, all assessments for improvements, all suits and actions in court, all fines,
penalties and forfeitures and all other matters relating to the City that may have been
begun and not completed, shall be completed according to the law and ordinances
existing prior to the time this charter shall go into effect, and all taxes and assessments
levied and remaining unpaid when this charter shall go into effect shall be collected as
provided by the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered Ito XIV, inclusive, shall be submitted upon the
ballot as a complete charter and shall be included in the vote "For the Charter" and
"Against the Charter," and in the event that a majority of all votes cast thereon, shall be
"For the Charter" said charter shall be adopted.
ARTICLE XV
Civil Service
SECTION 1. The general purpose of this charter amendment is to establish for the
City of Yakima a system of personnel administration based on merit principles and
governing the appointment, promotion, transfer, layoff, removal, discipline and welfare of
its employees, and other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed
as follows:
(a) "Commission" means the civil service commission herein created, and
"Commissioner" means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city civil
service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person
to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those persons
listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be
composed of three persons. The commission members shall be appointed by the City
Council in the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three names
submitted to the Council chosen by a referendum of city employees, excluding police and
firemen. The City Clerk shall conduct the referendum and shall formulate proper rules
and regulations for said referendum.
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(c) The third shall be appointed by the City Council from a list of three names submitted
to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be
appointed for different times, as follows: The appointee from the employee referendum
list shall serve for a period of six years, the appointee at large as designated in subsection
(a) above to serve for a period of four years, and the third appointee to serve for two
years. All commissioners must be registered voters of Yakima County. Any member of
the commission may be removed from office for incompetence, incompatibility, or
dereliction of duty, or malfeasance of office, or other good cause; provided, that no
member of the commission shall be removed until charges have been preferred, in
writing, due notice, and a full hearing held before the City Council. Any vacancy in the
commission shall be filled in the same manner as provided for selecting the commissioner
previously filling the vacancy. Two members of the commission shall constitute a quorum
and the votes of any two members concurring shall be sufficient for the decision of all
matters and the transaction of all business to be decided by the commission. No member
of the civil service commission shall engage in active partisan or non-partisan politics and
hold any salaried public office or engage in city employment, other than his commission
duties. The members of the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by
electing one of its members chairman and shall hold regular meetings at least once a
month, and such additional meetings as may be required for the proper discharge of its
duties. All meetings of the commission shall be open to the public. It shall appoint a chief
examiner who shall also serve as secretary of the commission and such assistants as
may be necessary. The chief examiner shall keep the records for the commission,
preserve all reports made to it, superintend and keep a record of all examinations held
under its direction and perform such other duties as the commission may prescribe. The
chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or
promotional and limited to persons already in the service of the City of Yakima,
Washington. The chief examiner shall be subject to suspension, reduction, or discharge
in the same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job descriptions
providing equal pay for equal work shall be devised by the chief examiner with the
cooperation and approval of the civil service commission which shall be submitted in
ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof.
Such rules and regulations shall provide in detail the manner in which examinations may
be held, and appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be
considered desirable to further carry out the general purposes of this Article, or which
may be found to be in the interest of good personnel administration. The rules and
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regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be changed from
time to time. Prior to adoption of new rules or changes in existing rules all interested
parties shall be given an opportunity to express opinions concerning the proposed rules
at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine
the capacity of persons examined to perform duties of the position to which appointment
is to be made. Such tests may include tests of physical fitness or manual skill or both.
(c)To make investigations and to report upon all matters concerning the enforcement and
effect of the provisions of this Article, and the rules and regulations prescribed hereunder;
to inspect all departments, offices, places, positions, and employments affected by this
Article, and ascertain whether this Article and all such rules and regulations are being
obeyed. Such investigations may be made by the commission or by any commissioner
designated by the commission for that purpose. Not only must these investigations be
made by the commission as aforesaid, but the commission must make like investigation
on petition of any citizen, duly verified, stating that irregularities or abuses exist, and
setting forth in concise language, in writing, the necessity for such investigation. In the
course of such investigation the commission, or the chairman or chief examiner when
authorized by a majority vote of the commission, may issue subpoenas to compel the
attendance at such place as may be designated in this City of witnesses and the
production of books and papers pertinent to any inquiry or investigation authorized by this
Article; or may take depositions of witnesses. Subpoenas shall also be issuedused at the
request of the parties to the proceedings other than the commission and the chairman.
The commission or any member thereof, or the chief examiner, when authorized by the
commission, may administer oaths and take testimony. The commission or the chief
examiner may examine such public records, as they require in relation to any matter,
which they have authority to investigate.
(d)To conduct hearings and investigations in accordance with this Article and by the rules
of practice and procedure adopted by the commission, and in the conduct thereof neither
the commission, nor designated commissioner shall be bound by technical rules of
evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any order,
decision, rule, or regulation made, or confirmed by the commission; provided, that no
order, decision, rule or regulation made by any designated commissioner conducting any
hearing or investigation alone shall be any force or effect whatsoever unless and until
concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions,
the rejection of an examinee, and such other matters as may be referred to the
commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a result
thereof establish eligible lists for the various classes of positions, and provide that persons
laid off because of curtailment of expenditures, reduction in force, and for like causes,
head the list in the order of their seniority, to the end that they shall be the first to be
reemployed.
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(g) It shall be the duty of the Civil Service Commission to certify to the appointing authority,
when a vacant position is to be filled, on written request, the names of the three persons
highest on the eligible list for the class. Any one of the three persons so certified may be
appointed. If there is no such list, to authorize a provisional or temporary appointment list
for such class. Such temporary provisional appointment(s) shall not continue for longer
than five months in any one fiscal year.
(h)To keep such records as may be necessary for the proper administration of this Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be
applicable to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective
offices.
(b) Members of boards and commissions and the City ManagerAdministrator;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for
each of the Mayor and City ManagerAdministrator;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City Council
or a committee thereof, or by authority of the City ManagerMayor.
SECTION 7. All appointments to and promotions to positions in the classified civil
service of the City of Yakima shall be made solely on merit, efficiency, and fitness, which
shall be ascertained by open competitive examination and impartial investigation. No
person in the classified civil service shall be reinstated in or transferred, suspended, or
discharged from any such place, position, or employment, contrary to the provisions of
this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position
which is deemed classified under SECTION 6 for a continuous period of six months prior
to the effective dates of this Article, and still currently employed, are eligible for permanent
appointment under civil service to the offices, places, positions or employment which they
then held without examination or other act on their part, and not on probation; and every
such person is automatically adopted and inducted permanently into civil service, into the
office, place, position or employment which he then held as completely and effectual to
all intents and purposes as if such person had been permanently appointed thereto under
civil service after examination and investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior, and
any such person may be removed or discharged, suspended without pay, demoted or
reduced in rank, for any of the following reasons:
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(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment
of the public, or a fellow employee, or any other act of omission or commission tending to
injure the public service; or any other willful failure on the part of the employee to properly
conduct himself; or any willful violation of the provisions of this Article or of the rules and
regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug,
liquid, or preparation to such extent that the use thereof interferes with the efficiency or
mental or physical fitness of the employee or which precludes the employee from properly
performing the function and duties of any position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in the
public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the
appointing power or any citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused; and a duplicate filed with the
commission. Any person so removed, suspended, or demoted may within ten days from
the time of his removal, suspension, or demotion, file with the commission a written
demand for an investigation, whereupon the commission shall conduct such investigation.
The investigation shall be confined to the determination of the question of whether the
removal, suspension, or demotion was made in good faith for cause. After such
investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith for cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which reinstatement
shall, if the commission so provides be retroactive, and entitle such person to pay or
compensation from the time of the removal, suspension, or demotion. The commission
upon such investigation in lieu of affirming a removal, may modify the order by directing
a suspension without pay, for a given period, and subsequent restoration to duty, or
demotion in classification, grade, or pay. The findings of the commission shall be certified,
in writing to the appointing power, and shall be forthwith enforced by such officer. All
investigations made by the commission pursuant to this SECTION shall be by public
hearing, after reasonable notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of appearing in person and by
counsel, and presenting his defense. The subpoena provisions of SECTION 5 of this
Article shall apply to all such hearings. If the order of removal, suspension, or demotion
is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding that a certified transcript of
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the record and of all papers on file in the office of the commission affecting or relating to
its order, be filed by the commission with the court. The commission shall, within ten days
after the filing of the notice, make, certify, and file such transcript with the court. The court
shall thereupon proceed to hear and determine the appeal in a summary manner. Such
hearing shall be confined to the determination of whether the order of removal,
suspension, or demotion made by the commission, was or was not made in good faith for
cause, and no appeal shall be taken except upon such ground or grounds. The decision
of the superior court may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the
names and addresses of persons eligible for appointment thereto. The commission shall
certify the names of three persons highest on the eligible list for the class to which the
vacant position has been allocated, who are willing to accept employment. In case of
more than one vacancy in a particular class one additional name shall be certified for
each additional vacancy. If there is no appropriate eligible list for the class, the
commission shall certify the name of three persons standing highest on the list held
appropriate for such class. The appointing power shall forthwith make its appointment to
the vacant position from the list of persons so certified. To enable the appointing power
to exercise a choice in the filling of positions, no appointment, employment, or promotion
in any position in the classified service shall be deemed complete until after the expiration
of a period of six months'probationary service, as may be provided in the rules of the civil
service commission, during which the appointing power may terminate the employment
of the person certified to him, if during the performance test thus afforded, upon
observation or consideration of the performance of duty, the appointing power deems him
unfit or unsatisfactory for employment by the City of Yakima. Thereupon the appointing
power shall select from the three persons certified as standing next highest on any such
list and such person shall likewise enter upon said duties for the probationary period, until
some person is found who is deemed fit for appointment, employment, or promotion
whereupon the appointment, employment, or promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employments coming within the
purview of this Article shall be filled by the appointing power; nothing herein contained
shall infringe upon the authority that the City Council may have to fix the salaries and
compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject
to this Article shall approve the payment of or be in any manner concerned in paying,
auditing, or approving any salary, wage, or other compensation for services, to any
person subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or
account for such salary, wage, or other compensation, containing the names of the
persons to be paid, the amount to be paid, and any other information which, in the
judgment of the civil service commission, should be furnished on such payroll, bears the
certificate of the civil service commission, or of its chief examiner or other duly authorized
agent, that the persons named therein have been appointed or employed in compliance
with the terms of this Article and the rules of the commission, and that the payroll,
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estimate, or account is, insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of any public officer or employee
whom it finds to be illegally or improperly appointed, and may further refuse to certify the
pay of any public officer or employee who willfully or through culpable negligence, violates
or fails to comply with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may
be necessary for the proper enforcement of this Article and rules of the commission. The
commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any
position in classified service of the City shall not be withheld because of his race, color,
religion, national origin, political affiliation or belief, nor shall any person be dismissed,
demoted, transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank, employment, or
compensation of any person under civil service or promise or threaten so to do for giving
or withholding, or neglecting to make any contribution of money, or services, or any other
valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may, from
time to time, be prescribed by the commission and afford the commission, its members,
and employees, all reasonable facilities and assistance in the inspection of books, papers,
documents, and accounts applying or in any way appertaining to any and all offices,
places, positions, and employments, subject to civil service, and also shall produce such
books, papers, documents, and accounts, and attend and testify, whenever required so
to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year
a sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the current
expense fund on the first day of January following the close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday
in June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should
be held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase
of this Article.
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As adopted by vote of the people on February 11, 2020. Effective January 1 of the year
immediately following the first swearing in of a duly elected Mayor following the election
enacting this charter.
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Distributed at the1
Meeting (LJ
PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signatur•
(if applicable)
Man ve l �' e)d)'1 v2- i z u)at
jr\ckr (\ C ta-p tiL)MAW/lW 34 CS L cc-V i no S
Erg VolDcira ' v r AA Li.) C �Gc�� � _ _ e�^I c ek5ut"iiek6t
ti 6 O\ &A,k,t3n_cx5 60z IV3.cci �'6. / cs ( 3�Q ,
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government,
Name Address/Phone Business/Organization Signature
(if applicable)
/;rsil
A o o, �Avi c -1 a06--"motto^t q � Q LD&In z•P o
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
e-q-6— ;Lfcc,c3
Lair ,s
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
r401 31/1 t�,
/F4.00i
✓nCi-Yaie karn4A,2._ 22 f vn a
PETITION OPPOSING THE STRONG MAYOR
Name Address/Phone Business/Organization Signature
(if applicable)
\_(Qw rc e; CCk 'Pun VaW l"/A-ta c.e)Ct o . -rvi'uc crt n J t\)r
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PETITION OPPOSING THE STRONG MAYOR
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(if applicable)
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5ctin Johnson 3 s 77ilvt, kivisL
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities.The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court\
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone - Business/Organization Signature
(if applicable)
1414 Via
( G��I✓ �� G /�
Ajr),,,k /o/_ -/-4147,4_e,/..
c 7
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
hnO-e.\\CO— niat9d Je:n C aoq ckfk C
•
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sA°
PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
,c1/0,00 sev-ewi(vtc;
Mfyl LO vcA kc• f\A (_ "/
5--:\\vv .\30,e-co, \k
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PETITION OPPOSING THE STRONG MAYOR
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We the undersigned business owners and residents of District #2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor') form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino.communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
.a
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member.Whife, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
3jYN 623r qi%C.,k&ifv10, 1()C22"
osUN--Arre 5 &, ( -cam ___
nwti D-c--pxtdo,
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PETITION OPPOSING THE STRONG MAYOR
We the undersigned business owners and residents of District#2, do hereby certify that by signing this petition, we are asking Yakima Council Member
Jason White, to reject the proposed changes to the City of Yakima Charter to create a Mayor-Council ("strong mayor") form of government.
In 2015, a federal judge found that the City of Yakima violated the federal Voting Rights Act citing systemic discrimination against Latino voters and
discriminatory treatment of predominantly Latino communities. The "Strong Mayor" proposal would have the impact of weakening the relative authority of
the City Council and of undermining the reforms required by the court.
Rather than send a the "Strong Mayor" proposal to the ballot in a special election in 2020, which will lead to further litigation, we urge Council Member
White to turn his attention to clearly identified needs in District 2 that he has rejected and neglected:
- Fund long-needed improvements to the Henry Beauchamp Community.Center
- Advocate for a community pool next to Washington Middle School
- Improve public safety through investments in basic infrastructure, like street lighting
There are more pressing needs facing District 2 and the City of Yakima than a "strong mayor" proposal. The proposal before the Council was designed
without community engagement, and it is very similar to a measure that Yakima voters rejected handily in 2011. The Council should not waste tax payer
money on a special election in 2020. We affirm our belief that all Yakima residents make valuable contributions to our community and economy,
regardless of their race, ethnicity or immigration status. Furthermore, Yakima residents deserve to have confidence that their taxes are being used wisely.
Council Member White, as our elected representative, we urge you to reject the proposed change to the City of Yakima Charter to create a Mayor-Council
form of government.
Name Address/Phone Business/Organization Signature
(if applicable)
C� .�►16t-Yd // S' ( c . q 4 - cArD NI; Nieto,
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PETITION OPPOSING THE STRONG MAYOR •
Name Address/Phone Business/Organization Signature
(if applicable)
O-ret A.6 &r fo-- W6 S. (14 4— * B ------„,...... (pi. ap,_
N J aw fc, q'k6-,a off- 7 6 S. 6 `'�S'i B -� A/.90,KN4I( k-evf da zc
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PETITION OPPOSING THE STRONG MAYOR
Name Address/Phone Business/Organization Signature
(if applicable)
1�L , (v;zau (t S iAac-(c .79 U6. 6;fie I/1/4-e-e•-,#‘r'1"--1---
ANAkitz...,L.C, 'i.k."2.:\AN:z.Lt 4t- 1 ) icLi/ e-4 ,,:4, Yty.4,<LAA -
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v /2 • f- A e c/ et- QnC'
41_� it �'g E I P _
PETITION OPPOSING THE STRONG MAYOR
Name Address/Phone Business/Organization Signat71111111111111.1re
(if applicable)
eee 0- -/fa. A 0:5 74 i,e_pliz_ -----atm: ..-xe__--
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