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Home My WebLink About12/07/2010 11A City Charter Amendment re Mayor-Council Form of Government; Special Election February 8, 2011 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 For Meeting Of December 7, 2010 ITEM TITLE Consideration of two draft Resolutions and associated City Charter Amendments, either of which if approved would direct the necessary actions be taken to establish February 8, 2011 as the date for a special election to be held in the City of Yakima on a ballot proposition amending the Yakima City Charter to abolish the current Council -City Manager form of government and adopt a Mayor - Council form of government in accord with the terms of the approved and incorporated City Charter Amendment. SUBMITTED BY (1) City Attorney draft — requested by Mayor Cawley and Assistant Mayor Coffey (2) City Council Form of Government Committee draft — (Council members Ensey, Edler and Lover) CONTACT PERSON/TELEPHONE City Attorney — 575 -6030 SUMMARY EXPLANATION The City Council requested that a Charter Amendment be prepared in accord with some specifically identified "bullet points" that identified the basic • framework for the abolishment of the present Council- Manager form of government presently utilized by the City and the establishment of a Mayor - Council form of government. The City Attorney submitted a draft of the Charter Amendment to the Council for review and discussion Subsequently, the members of the Council Form of Government Committee prepared their own proposed Charter Amendment that differed from the draft provided by the City Attorney Mayor Cawley and Assistant Mayor Coffey have requested that the original draft Charter Amendment be included on the Agenda for Council discussion, together with the Committee's proposed Charter Amendment. Action by the Council to submit either one of the attached resolutions and a proposed Charter Amendment in whatever form the Council may ultimately decide upon will result in this proposition being placed before the voters of Yakima as a ballot measure on February 8, 2011 for voter consideration Resolutions X Ordinance Other(Specify) Charter Amendments Contract Mail to (name and address) Phone' Funding Source APPROVED FOR SUBMITTAL. C- -.. - 2 --, . , `• City Manager STAFF RECOMMENDATION This is a Council policy issue BOARD /COMMISSION /COMMITTEE RECOMMENDATION Council Form of Government Committee recommends the Resolution and Charter Amendment it has submitted e i COUNCIL ACTION C xr R 0 RESOLUTION NO R- 2010 - 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 8, 2011, of a Proposition on whether Articles I, II, III, V, VI, and VII 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; which amendment also provides for amendment of Article XI Section 2 pertaining to approval of franchises and repeal of Article XV pertaining to City Emergency Hospital, approving ballot title, making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to call 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 el 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 I, II, III, V, VI, and VII, with ancillary amendments throughout the Charter to correct the designation of "City Commission" to "City Council," and WHEREAS, the City Council finds and determines that such amendment should also include elimination of voter approval of grants; renewals and extensions of franchises (Charter Article XI Section 2) to render such provision consistent with state law; and WHEREAS, the City Council further finds and determines that such amendment should include elimination of Charter Article XV which provides ARTICLE XV City Emergency Hospital The City shall have the power and authority to provide for the establishment, III maintenance and operation of an emergency hospital, either in conjunction with the County of Yakima, or separately; and the City Commission of said city, may in lieu thereof, designate some existing hospital within the city limits as a city 1 emergency hospital, and provide by ordinance for the treatment of emergency accident patients therein, at the expense of the City of Yakima As adopted by vote of the people, December 5, 1936, which Article is superfluous to the needs, uses and purposes of the City of Yakima, and WHEREAS, the City Council desires to hold a special election in the City of Yakima on February 8, 2011, 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, III, V, VI, and VII, with ancillary amendments throughout the Charter to correct the designation of "City Commission" to "City Council," together with amendment of Charter Article XI Section 2 to eliminate voter approval of grants, renewals and extensions of franchises, and elimination and repeal of Charter Article XV pertaining' to City Emergency Hospital, all as set forth in the proposed amended Charter attached hereto as Exhibit "A," 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, together with amendment of Charter Article XI Section 2 and elimination and repeal of Article XV as set forth herein, 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 PROPOSITION NO 1 concerns an amendment of the City of Yakima Charter This measure would amend Charter Articles I, H, III, V, VI, and VII to abandon and abolish the Council- Manager form of government and adopt the Mayor - Council form of government; adoption of the proposition will also amend Charter 2 Article XI Section 2 to eliminate voter approval of grants, renewals and extensions of franchises, and would eliminate and repeal of Charter Article XV pertaining to City Emergency Hospital Adoption of the proposition will also make ancillary amendments throughout the Charter to correct the designation of "City Commission" to "City Council " Should this proposition be approved? YES L1 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 8, 2011, for the purpose of submitting to the qualified voters of the City of Yakima the proposition set forth in Section 1 above 4 Severabilrty 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 December, 2010 Micah Cawley, Mayor ATTEST City Clerk APPROVED AS TO FORM Jeff Cutter, City Attorney 3 • City Emergency Hospital ARTICLE XVI Civil Service 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. 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 eCity, whether express or implied, shall be exercised m the manner prescribed by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or resolution of the eCity commissionCouncil. 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 Back to toy ARTICLE II Elective Officialsers, Qualifications, Authorities and Responsibilities -- Mayor-Council- Manager Form of Government SECTION I A. The elective officialers 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 City Charter 0 ARTICLE I Name, Boundaries, Powers, Rights and Liabilities ARTICLE II Elective Officials, Qualifications, Authorities and Responsibilities Officers — Mayor - Council Manager Form of Government ARTICLE III Elections ARTICLE IV Legislation by the People ARTICLE V The Recall ARTICLE VI Ordinances, Additional Powers and Limitations on Officers ARTICLE VII Limitation of Taxation ARTICLE VIII Special Boards AR FIC I,E IX Public Utilities ARTICLE X Claims ARTICLE XI Franchises ARTICI_ E XI1 Power to Incur Indebtedness ARTICLE XIII Amendments AR I'ICLE XIV Schedule ARTICI .E XV • 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., who shall const � ouncil, a'iYtt ene of whom shall be th - • : - . SECTION 3 of -this Artie -k -One Council member shall be elected from each of four separate districts of the City and three Council members shall be elected from the City at large without regard to residence in any particular area of the City_ The elective officials of the City shall each be elected by majority vote of the qualified electors of the City to terms of four years, all at the times and in the manner hereinafter provided in this charter and by the laws of Washington. The Council members so elected shall constitute the legislativegoverning body of the City One of the seven elected Council members shall be the Council president, chosen as provided by SECTION 3 of this Article II. Any elective official that ceases 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 that official's office. B (1) The City shall be divided by ordinance of the City Council into four districts as nearly equal in population as practicable based on 1970 federal census data and on actual population counts of areas annexed to the City subsequent to the 1970 federal census, which division shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be held during the year 1979 On the publication of the results of each decennial federal census, the City shall be redivided by ordinance of the City Council into four districts as nearly equal in population as practicable, which ® redivision shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be held next following the publication of census results for nomination of candidates for "district positions" on the Council, as defined in Subsection C (2) of this SECTION On the division or redivision of the City into districts as provided by this subsection, any territory thereafter annexed to the City and contiguous to only one then existing district shall be added to and constitute a part of that district; and if annexed territory is contiguous to more than one then existing district, the annexed territory shall be divided into segments, as nearly equal in population as practicable, according to the number of then existing districts contiguous to the annexed territory and each segment shall be added to and constitute a part of its then existing contiguous district. (2) Whenever the population of any district exceeds the population of any other district by more than ten percent, the City Council shall by ordinance redivide the City into four districts as nearly equal in population as practicable, provided, that any such redivision shall be accomplished so as to be effective not less than ninety days prior to any municipal primary election for Council members to "district positions" as defined in Subsection C (2) of this SECTION C (1) At the municipal election to be held in the year 1977, three Council members shall be elected from the City at large without regard to residence in any particular area of the City (2) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in the year 1979, the City Clerk shall designate by consecutive numbers, commencing with the number one and ending with the number four, the positions on the Council to be filled by candidates nominated from districts, and such designations shall be thereafter permanently considered as separate offices for election purposes as "district positions" according to their permanently designated number At the municipal election to be held in the year 1979, eight candidates shall be nominated from the four districts, as follows Candidates for "district positions" shall file their candidacy for nomination by the electors of the district wherein each candidate, respectively, resides 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 citywide general election ballot, and the one candidate from each district who receives the highest number of votes, as cast by the citywide electorate at the general election, shall thereby be declared as duly elected to each respective "district position" as a member of the City Council (3) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in 1981, the City Clerk shall designate, by consecutive numbers commencing with the number five and ending with the number seven, the positions on the Council to be filled by candidates to be elected from the City at large without regard to residence in any particular area of the City, and such designations shall be thereafter permanently .considered as separate offices for election purposes as "at large positions" according to their permanently designated numbers 4110 D (1) Council members shall be elected for four -year terms On the expiration of those terms, succeeding elections shall be conducted so that three Council members are elected at large without regard to residence in any particular area of the City and four Council members elected to "district positions" in the manner provided by Subsection C of this SECTION (2) In the event the Mayor, as an elected official of the City, or any Council member elected or appointed to an "at large position" of the Council moves that member's place of residence outside the city boundary, or in the event any Council member elected or appointed to a "district position" moves that member's place of residence outside the district from which that member was nominated or appointed, then the Mayor or that Council member shall ttfeby forfeit the office of Mayor or Council member and the position held by that 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. In the event a Council vacancy occurs for any reason, including but not limited to those set forth in F below, -nn-the Council, the vacancy shall be filled by the appointment of some qualified person by a majorrty 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 shall be elected to serve for the remainder of the unexpired term for that position. If the vacancy.occurs in a position held by a Council member originally nominated or appointed from a district, then the appointee shall be a resident of that district and the Council member who is elected to serve for the remainder of that term shall be a resident of district and shall be nominated and elected in the manner provided by Subsection C (2) of this SECTION E-(3) Provision for the time and manner of election of the Mayor and Council meinbersofficials, 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 As amended by vote of the people November 2, 1976. E. The annual salary of the Mayor shall be an amount equal to the salary of the highest paid City employee other than the municipal courtjudges or the Chief Administrative Officer, and shall be specifically providedby ordinance. The annual salaries of the Council President and each Council member shall be as set forth in City ordinance. The salaries of the offices of Mayor, Council President and of each Council member may be increased or decreased from time to time by ordinance, but any change m the compensation attaching to an elective office shall not be applicable to the term then being served by the incumbent. F. The office of Mayor, Council President or 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 or durinc the Lontinuance of an absence or disability and shall then follow the procedure set forth in D (2) to appoint a person to the Council position left vacant by the person assuming the office of Mayor. _SECTION 2 A. The Council shall constitute the legislative department and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business c r; CT ON B The Council shall choose its own chairinanCouncil President at the first meeting mid-at-the first meeting after eachthe subs guent biennial elections The Council PresidentMayor 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 corning before the Council. The Council President shall not possess any veto power. The Council President shall have the powers and perform the duties conferred and unposed upon him by this charter, the City Council and the ordinances of the City - -, . - . - . .: - -- -- . . . - b-y the Governor for l.- - . - - duties but in time-el-public clanger or emergency shall, if so authorized and directed by a • . 'e the rights. priv-i -kgc ' . - - , - _ • wi- t -k-the right to vote as anoth - . : '. If a vacancy occurs in the office of Council PresidentMayor, or in case of his absence or disability, a lg I:Council President pro tem shall be elected by the Council from its members to act as MayorCouncil President for the unexpired term or during the continuance of the absence or disability. The Council shall then follow the _procedure set forth at Section 1 D (2) to appoint a person to the Council position left vacant by the person assuming the office of Council President pro tem -' . '- .1 appoint one of the duly elected ,justices of - ' 7 ' ) • " :l-tid C. Four Council members shall be a quorum for the transaction of business. hut in the absence of a quorum the members present at a meeting may adjourn`the meeting to a later date. 1^he Council shall have no authority to employ its own staff. S-E - - vested -i-n the-Gouncil. Each memb r of the- E<iuncd shall receive -t- - , e ..e-r- r;hall be- qua1if is • - .' : y -; i-id -any -- m ember ceasrng to possess an) # =the qualifications specified in general law or in this charter or convicted of crime involving . • - ' ce shall immediately forfeit his o-ff-i-e-e, SECTION 53 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 two Council 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. SICTION 6. The Council shall choose such .. _ - . - _ • -_ ,.• - • -- - •tnue to serve during the pleasure of the Council: • } -• • - 1 ' - . 7 \ I • ability W1143 special r 7 , . • . • - , • - f, accepted pfacticc i . - - .. - - - - • - - - - . - . _ - -- - - limited by any residence -or political qtr - l-i4icatron. No person elected.to- membership on Manager until one yea as- elapsed following the expiration of the to =m-for which he was elected. Before entering upon the duties of his office, such City Manager shall take the ma-y- die -•# -� e -C;ear S ECTI« ,. • • 14 -.na • • _ _ itic : - z�E}i - - - unc -1 -A-t least th4ity days belt • - - .. of his removal, the City Manager i ' - _. • - - - - intention to rel -nev —him and the reasons therefor Upon passage 4-the-resolution stating th ere t o th elu•tiert-ntat -ri - Council's intent+en-to remove him. In the event no reply is timely filed, the reso1 -utre*i shall upon the : • • • . - _ services shall terminate upon that day. if a reply shall be timely filed with its Clerk., the Couneiic Il f a trine for a public hearing upon the question of the-Manager's removal ... • - _ - '41an-ager shall not be adopted until a public hearing has been had. The action of the Council in rem - • 1.4 • - • person to p_ - . - - . - • - 'h a-1 sence or disability. SEC • .. he a. - -c City-Manager-shall be: (1)- -e have general supervision over the administrative affairs of the municipality: the except members of the Council bu - . - - - ' • :1 of these • _ ei race of any department or office of the City City Manager; , (3) Te attend all rricttings of the Council a - - .. _ ('I) To see that all laws and ordinances are f. - • - - - - - .. - • emergency; or expe-diel . . a-s he may deem it advisable to submit; (7) To keep the Council fully advised of the f=inancial condition of the City or town and resolution. SECTION 104 The Mayor shall appoint a Chief Administrative Officer to assist in the 2enera] administration of the City. The specific responsibilities of the Chief Administrative Officer shall be determined by the Mayor. 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 &€ -TION 11. The City Manages may -uhei e th- -- .... ' - • . - ��r office responsible to him to appoint and remove subordinates in such departm- v . • • • • - - --ager or other such appointing, officer at any time. Subject to the shall be final and there shall be no appeal therms • . • . rents made by or under the authority of the City M- anager shall e- I -4-he appointees in the work. whieh4hey are to perform Residence within the City shall reel requirement. .. - - - •. - - - - - _ - •, - - • . . . - . ' • - • - 1.4 - - O • and removals of City officers and employees and City affairs. reccivc such salary or - SECTIC)N 5. A. The Mayor shall be the chief executive officer of the City. 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. 1. 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 he a requirement for these positions. 2. 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. 3. The power to appoint and remove the city attorney, provided such appointment, but not removal, shall he subject to the approval of the City Council. City residency shall not he a requirement for this position. 4. I'he 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. 5. 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 thereby. CL Fhe power to appoint and remove a chief administrative officer, 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 chief administrative officer, under the general supervision of the Mayor, shall assist the Mayor, 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 such administrative officer 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 0 c o u rt judges or said administrative officer) or such higher amount as set by the City Council, from time to time. 7. The power to appoint and remove an executive secretary and assistants who are not subject to civil service, whose compensation shall be fixed by the City Council. City residency shall not be a requirement for these positions. 8. Whenever the City Council shall be required to appoint any member of a board, committee, commission or other body, unless the appointee is a Council member., it shall be the duty of the Mryor to nominate a suitable person for such appointment. City residency may be required for these positions and shall be specifically stated in 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. 9. The power to remove a Council appointee, other than a Council member appointee. from a board, committee or commission of the Council. Upon such removal, the vacancy for the unexpired term, if any, shall be filled by appointment m the same manner as if at the beginning of the term, except as otherwise provided in this charter. 10. The duty to see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City. 11. Ile duty of the Mayor annually at the first meetii g of the City Council in October to 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. 12. l 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 ear. Budget preparation and presentation shall comply with applicable state statutes, City Charter provisions and City Ordinance 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 Council meeting of each year. 13. 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. 14. The power to veto ordinances or parts of ordinances passed by the Council and submitted to h:im 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. 15. The power to make investigation into the affairs of the City under the supervision of the Mavor or any department or division. or the proper performance of any contract or obligation running to the City of Yakima. 16. 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. 17. The duty to hold no employment other than that of the City. 18. The duty to approve for payment and submit to the City Council at each meeting for its allowance all claims and bills. 19. 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 l2y 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. 20. The Mavor shall not vote on any matters before the Council for consideration. 21. The Mayor shall attend all regularly scheduled meetings of the City Council unless previously excused from said attendance. 22. l'he Mavor shall have no authority to implement, increase or reduce taxes assessed against the citizens of the Crt, the Mavor shall possess no taxing authority on behalf of the City. SECTION 615 Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima m existence at the effective datehereof B-aek to top ARTICLE III Elections • SECTION 1 Elections shall be general, primary or special The manner 0 g , p y p and method of holding and calling all 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. • • • - , • these elected for one year terms at the election held on the second Tue: - - • •_ •. . .. - - - - _ • - - - - .- . ' �.� , •- • - - - - - - - - - - -rch of every second year thereafter. The Washington foc-pr-Tina-i - - - es, o if a o . - s�1� inaH - ' ' - - • - - • - - - • _ elections shall be held whenever Q+11+R S+0+1-Seim- . - . - ri -fe-Fee shall by ordinanee make all .. ' - - - - - - e - for the second Tuesday in February. 1959, and the second Tuesday in March, 1959 shall-begin on the first Mon4ay- in4kine followtiag their- electron: As- amended by -vet- . - . -.2 -. ► evetnber 4, 1958. Effective-date-December 11, 49-58, Back to top 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 mariner (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 fling 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 Councilnmissioii (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 Councilmmission within twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass such ordinance without alteration, or submit it to a popular vote at a special election which must be held within thirty days after the date of • the ordering thereof 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 of this article: Thereupon the City Counerlmni-s-si-e-rr shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at I the next municipal election, or, the City Councilmmission may call a special election for that purpose, and Such ordinance shall not take effect, unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. I SECTION 4 The City Councilmmission 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. • I SECTION 6 The City Councilmmission, by ordinance, shall make further regulations for carrying out the provisions of this article not inconsistent herewith. Back to top ARTICLE V The Recall A. An elected official of the City may be subject to a recall election if the ethics committee determines that the elected official has knowingly committed a violation of the code of ethics, that the violation constitutes moral turpitude rendering the elected official unfit to remain in office. and that there are no mitigating circumstances. The ethics committee ma.y make a recommendation to the City Council that the elected official be subject to a recall election and that his or her name be placed on a recall election ballot to be placed before the elector for determination. The recommendation of the ethics committee that an elected official be subject to a recall election shall be in addition to any ocher available penalties established by ordinance. B. The City Council, by a vote, of a majority plus two, may pass a resolution to place the elected official's name on a recall election ballot for action by the voters of the City on the next available general or special election established by state law. The City Attorney shall prepare a ballot synopsis for the recall election. IP , C. If approved by a majority of the electors voting in the election, the elected official shall be removed from office effective the date the recall election results are certified by the county auditor. D. The City Council may adopt, by ordinance, procedures to implement the provisions of this charter section. Such procedures shall be consistent with the provisions of this charter section. E. An officer removed from office by recall election or who shall resign from such office pending recall proceedings gainst him shall not be eligible to hold anv city office or employment within two years after such removal or resignation. - - - - - -•' , •ny elective office, ?di-ether elected or appointed thereto, office or employment within iwe -years after such rem or resignation. Back to top 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 eCouncil 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." B Every ordinance exec - it those which become emer rent ordinances •assed b , 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 sinned 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 a minimum of five affirmative votes. C. Every ordinance passed by the City Council shall be signed by the Mavor, or the Council President or two City Council members in the event of prior Mayoral veto, attested by the City Clerk and recorded m a book kept for that purpose. As amended by -emote of the people November 7, 1972. 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 thirt348 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, 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 if 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.subiect 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 Councilcommission 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, - - . c or resolution shall be authenticated for that purpose Tthe number and title of each ordinance passed by the City Counci1ri mission, with certificate as- hefe- ia- l:3rovided thereto, shall be published once in the official newspaper of the eCity 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 Commission of the City of Yakima, Washington, on the day of - 1-920 , 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." • embers of the City Commission shall be qualified electors of the City, • and shall not . • ° - 'cept that of Notary Pu.blre or member of the military branch ofthe-state-e, zn1- gevern —me �Arbef- e44h€ -E'1ty Commission ceasing to possess any of th- - . - 4 in er who may be • ' - se • - ne judgment of-conviction filed in the ofilice of the City . rnma facie-E - - _ - l:: .- , , . .. • 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 therefrom SECTION 65 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$2.000 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 sState 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 As amended by vote of the people November 6, 1981. SECTION 67 In addition to the provisions of the general law the City Councilm.mission 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. Back to top 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 Counciimmission 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 The Mayor shall have no authority to assess. levy or collect 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 l raf -parks and playgrounds, police and firemen's relief shall be taken and apportioned by the City Councilinmission from the current expense fund which for any one year shall not exceed eighteen mills 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 Councilminission, and boards or committees selected by the City Councilmmission to assist in the management of any municipal activities, if any are selected, shall act in an advisory capacity only SECTION 6 The City Councilmmissien shall make no appropriation in aid of any corporation, person or society not expressly authorized by this charter Back to top ARTICLE VIII Special Boards SECTION 1 The City Councilm.mission may appoint advisory boards to assist in administering the public library, parks and. playgrounds and city planning The City Council.nission shall have full charge of the budgets for such purposes and shall be 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 Back to top ARTICLE IX Public Utilities SECTION 1 The City Councilmmission 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 m the manner provided by law, or which the City may by law govern, control or regulate SECTION 2 The City Councilinmission 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 Back to top ARTICLE X Claims • • SECTION 1 All claims for damages against the City, whether sounding in tort or arising 4110 out of contract, shall be presented in writing to the City Councilmmrssron within 30 days after the date upon which such damages are claimed to have been sustained. Such claims shall accurately state the time, place, cause, nature and extent of the alleged damages and give the actual residence of the claimant by street and number, if any, at the date of presenting such claim, and for six months immediately prior to the time such claim for damages accrued, and shall be verified by affidavit of the claimant or if the claimant be a minor or otherwise incapacitated from verifying, then such claim shall be verified by any relative or by an attorney or agent of such claimant, to the effect that the same is true No action shall be maintained against the City for any claim of damages until 60 days have elapsed after the rejection of such claim Failure to present any such claim in the manner or within the time in this SECTION provided shall be a bar to any action against the City thcrefortherefore Back to top 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 which ordinance shall be submitted to a vote of the electors of the City at a general or special election and shall not become oper=ative unless approved by a majority of the eleetafs o : - Provided, that the City Councilmmission shall have authority without necessity of reference to the electors, to pass an ordinance granting permission to lay a spur track or tracks connecting a main line of railroad with adjacent manufacturing plants, warehouses or other private property 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 4110 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 Councilmmission 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 Councilmmission 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 of one hundred dollars 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 Councilmmission 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 410 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 Rack to top 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 Councilmmission by ordinance may authorize any indebtedness and the issuance of bonds Back to top • ARTICLE XIII Amendments SECTION 1 This charter may be amended in the manner provided by the laws of the State of Washington. In addition thereto the City Councilmmission may provide by ordinance for a special election to be held on the first Monday in December, 1931, at which time amendments to this charter may be submitted Provided, that if a petition for such election signed by not less than 500 qualified voters of the City shall be submitted not less than 30 days prior thereto, then the City Councilmmission shall be required to call such election. At the said special election the City Council nn may submit other questions which in its judgment should be determined by the people. In subsequent years special elections for amending this charter may be called by the City Council mmission or shall be called upon petition of not less than 500 qualified voters Back to top 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 m and be owned by the corporation created by this charter 41) SECTION 2 All ordinances and resolutions in force at the time this charter shall g o 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 an 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, 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. Bach to top ARhICI.E XV • - County of Yakima, or end the City Commission of said city, may in lieu • • - • • • • . • • • -e people, December 5, 1 936 Back to top ARTICLE XVI 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, appourting, 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. (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, II/ 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 m 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. (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, positrons, 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 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 positrons, 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 positrons, 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 0 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 Manager; (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 Manager; (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 Manager 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 appoint -ment 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 m 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 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 11/ 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 m 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 employment corning 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 of 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 jurrsdretron 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 m any way appertaining to any and all offices, places, positrons, 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 11111 of this Article As adopted by vote of the people March 10, 1959 Effective date June 1, 1959 CCLERK/CC rev 3/86 0 0 CITY COUNCIL FORM OF GOVERNMENT COMMITTEE DRAFT (FROM COUNCIL MEMBERS EDLER, ENSEY AND LOVER) WITH OPINION MEMO FROM CITY ATTORNEY • III MEMORANDUM TO Honorable Mayor Cawley, City Council Members FROM Jeff Cutter, City Attorney DATE December 1, 2010 SUBJ Legal Review of Revised Charter Amendment On November 30, 2010 I was provided a copy of a revision to the City Charter Amendment I had prepared and submitted to the City Council I was asked by Council members Ensey and Edler to review the document and advise the Council whether the revision was legally acceptable After reviewing the revision I have found three specific provisions that, in my opinion, are very likely to result in unlawful consequences or simply would not be legally acceptable Each of these provisions concern specific authority being placed in the Mayor that is either an express legislative action or that would impact otherwise express legislative functions and should therefore be reserved to the City Council The first of these three provisions is in Article II, Section 4 The problematic language provides Administrative departments shall be created and discontinued by the City CouncilMayor as the public business may demand. Pending further action by the City CouncilMavor, 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 ordmnancethe Mayor I The primary concern I have with this provision, as revised, is that the complete authority to establish or disestablished any and all Administrative Departments of the City, which by ordinance include but are not limited to the police department, fire department and the finance department, in the complete control of the Mayor The fact that the formation and assignment of responsibilities of all of the departments of the City is and has been by ordinance with the City Council means that any change to the status of each department, or creation of new departments, would be a legislative prerogative necessitating Council action. Of course, ordinances can be changed, but beyond this initial concern, the effect of disestablishing a department could quite likely result in action affecting one or more appointive City employees. The effect could foreseeably be with regard to the employee's salary, hours of work, conditions of employment and therefore income, etc RCW 35 33 107, regarding budgets in first class cities with populations under 300,000, states Notwithstanding the appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the legislative body of any city or town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are III available for appropriation for such purposes From the cited statute, the authority assigned to the Mayor under the revised provision could allow the Mayor to take action that would affect appointed employees' income, hours and /or conditions of employment without the statutorily necessary legislative action. It is my opinion that this would be an unlawful exercise of budgetary authority that should be avoided. II The second provision that raises concern is in Article II, Section 5.A(6) The revision is to the last sentence of the paragraph and provides The salary of the City Administrator shall be determined by the Mayor This revision replaces the language that provided that the City Administrator would be compensated at an amount not to exceed 110% of the salary of the highest paid employee of the City, excepting the Mayor, the municipal court judges or the administrative officer, or such higher amount as set by Council from time to time This latter language was as directed by the Council committee at the final meeting we held, and is in accord with statute insofar as the legislative body is setting the incomes of the City employees by ordinance The concern raised by the proposed revision is that the Mayor will in effect take over the responsibility of the legislative body when determining the salary of the Administrator This enters into the same statutory issue raised in the first point, above, and it is my opinion that the setting of wages, salaries and benefits is a responsibility assigned by statute to the legislative body Essentially this provision, as revised, makes an exception to the legal requirement that the legislative body establish the budget. That being the case, I do not believe this provision is a lawful assignment of responsibility to the Mayor III Finally, Article VII, Section 5 provides All City funds shall be administered by the Mayor, subject to the budgetary authority of the City Council, This provision seems to run afoul of the previous provisions in Article II, Section 5A(17 and 18), wherein the Mayor is given limited authority to the extent specifically approved and provided for in ordinance to pay claims and bills in amounts less than or equal to those specifically provided by ordinance, or to execute contracts and settlement agreements in amounts not to exceed amounts specifically provided by ordinance, without first obtaining Council approval The provision that places the full authority for the administration of City funds in the Mayor, without recognition of these other limitations, seems to be an improper extension of the authority placed in the Mayor when reviewed under the strictest scrutiny and at a minimum creates a direct conflict of authority within the Charter Aside from some other revisions that were not included in the bullet points or that were directed by the committee but removed- from- the- initial Amendment, one -of which __. _ _ appear to raise any issue of legality or statutory conflict, the only other issue I noted for • your consideration was in Article VI, Section 2A, where the final two sentences are repeated in subsection C of the same Section. It would be my suggestion that paragraph A be amended to exclude the repeated language These are the observations I have noted in my review of the revised Charter Amendment. I will prepare an Agenda Statement that introduces the revised Charter Amendment Proposition. The revised Amendment should be submitted to Debbie Kloster for inclusion in the Agenda for the upcoming Council meeting. If I can be of assistance in making any changes to the revision please let me know as soon as possible Mayor Cawley and Council member Coffey have requested that the initial Charter Amendment Proposition also be included for Council discussion, therefore it will also be included, with reference to each in the Agenda Statement. Thank you for the opportunity to review your revised proposal. • -_• ( a ) j Fr RESOLUTION NO R -2010- 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 8, 2011, of a Proposition on whether Articles I, II, III, V, VI, and VII 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; 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 I, II, III, V, VI, and VII, with ancillary amendments throughout the Charter to correct the designation of "City Commission" to "City Council," and • WHEREAS, the City Council desires to hold a special election in the City of Yakima on February 8, 2011, 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, III, V, VI, and VII, with ancillary amendments throughout the Charter to correct the designation of "City Commission" to "City Council," 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 111 Page 1 of 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. 1. The proposition to be submitted at the especial 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 PROPOSITION NO 1 concerns an amendment of the City of Yakima Charter This measure would amend Charter Articles II, III, V, VI, and VII 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 correct the designation of "City Commission" to "City Council " Should this proposition be approved? YES [_] 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 8, 2011, 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 December, 2010 Micah Cawley, Mayor ATTEST City Clerk APPROVED AS TO FORM Jeff Cutter, City Attorney Page 2 of 2 • 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 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. 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 Csity semmissieaCouncil 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 Affi ersElective Officials, Qualifications, Authorities and Responsibilities — Cou - ManagerMayor- Council Form of Government Section 1 A. The elective officers 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. , who shall Page 1 of 26 Soction 3 of this Article II. One Council member shall be elected from each of four separate districts of the City, and three Council members shall be elected from the City at large without regard to residence in any particular area of the City. The elective officials of the City shall each be elected by majority vote of the qualified electors of the City to terms of four years, all-at the times and in the manner hereiflafter-provided in this charter and by the laws of Washington The Council members so elected shall constitute the legislative body of the City One of the seven elected Council members shall be the Council President, chosen as provided by SECTION 3 of this Article II Any elective official that ceases 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 that official's office. B (1) The City shall be divided by ordinance of the City Council into four districts as nearly equal in population as practicable based on 1970 federal census data and on actual population counts of areas annexed to the City subsequent to the 1970 federal census, which division shall be accomplished so as to be effective not less than ninety days prior to the municipal primary election to be held during the year 1979 On the publication of the results of each decennial federal census, the City shall be redivided by ordinance of the City Council into four districts as nearly equal in population as practicable, which redivision shall be accomplished so as to be effective not Tess than ninety days prior to the municipal primary election to be held next following the publication of census results for nomination of candidates for "district positions" on the Council, as defined in Subsection C(2) of this section On the division or redivision of the City into districts as provided by this subsection, any territory thereafter annexed to the City and contiguous to only one then existing district shall be added to and constitute a part of that district; and if annexed territory is contiguous to more than one then existing district, the annexed territory shall be divided into segments, as nearly equal in population as practicable, according to the number of then existing districts contiguous to the annexed territory and each segment shall be 'added to and constitute a part of its then existing contiguous district. (2) Whenever the population of any district exceeds the population of any other 'district by more than ten percent, the City Council shall by ordinance redivide the City into four districts as nearly equal in population as practicable, provided, that any such , redivision shall be accomplished so as to be effective not less than ninety days prior to any municipal primary election for Council members to "district positions" as defined in Subsection C(2) of this section C (1) At the municipal election to be held in the year 1977, three Council members shall be elected from the City at large without regard to residence in any particular area of the City (2) Not Tess than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in the year 1979, the City Clerk shall designate by consecutive numbers, commencing with the number one and ending with the number four, the positions on the Council to be filled by candidates nominated from districts, and such designations shall be thereafter permanently considered as separate offices for election purposes as "district positions" according to their permanently designated number 410 Page 2 of 26 At the municipal election to be held in the year 1979, eight candidates shall be ® nominated from the four districts, as follows Candidates for "district positions" shall file their candidacy for nomination by the electors of the district wherein each candidate, respectively, resides 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 citywide general election ballot, and the one candidate from each district who receives the highest number of votes, as cast by the citywide electorate at the general election, shall thereby be declared as duly elected to each respective "district position" as a member of the City Council (3) Not less than ten days before the time for filing declarations of candidacy for the City Council for the election to be held in 1981, the City Clerk shall designate, by consecutive numbers commencing with the number five and ending with the number seven, the positions on the Council to be filled by candidates to be elected from the City at large without regard to residence in any particular area of the City, and such designations shall be thereafter permanently considered as separate offices for election purposes as "at large positions" according to their permanently designated numbers D (1) Council members shall be elected for four year terms On the expiration of those terms, succeeding elections shall be conducted so that three Council members are elected at large without regard to residence in any particular area of the City and four Council members elected to "district positions" in the manner provided by Subsection C of this section In vy, s elected , a mm elected (2) or appointed the eent the to an Ma "at or large aan positionel te of official the Council of the City moves or that ny Council member's e place ber of residence outside the city boundary, or in the event any Council member elected or appointed to a "district position" moves that member's place of residence outside the district from which that member was nominated or appointed, then the Mayor or that Council member shall thoreby forfeit the office of Mayor or Council member and the position held by that 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 , causinq 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. In the event a Council vacancy occurs for any ;reason, including but not limited to those set forth in F below, , the vacancy shall be filled by the appointment of some qualified person 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 shall be elected to serve for the remainder of the unexpired term for that position If the vacancy occurs in a position held by a Council member originally nominated or appointed from a district, then the appointee shall be a resident of that district and the Council member who is elected to serve for the remainder of that term shall be a resident of that district and shall be nominated and elected in the manner provided by Subsection C(2) of this section E-(3) Provision for the time and manner of election of the Mayor and Council memper-sofficials, and the conduct of such biennial elections, shall be governed by III Page 3 of 26 general state laws, by this charter, and by applicable ordinances of the City as they may 0 be enacted from time to time E. The annual salary of the Mayor shall be 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. F. The office of Mayor, Council President or 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 or during the continuance of an absence or disability and shall then follow the procedure set forth in D(2) to appoint a person to the Council position left vacant by the person assuming the office of Mayor. Section 2 A. The Council shall constitute the legislative department and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business S B. The Council shall choose its own chairman Council President at its first meeting and at the first meeting after the cubscquenteach biennial elections The chairman shall -- . - - e e e . •e -- e - • • -e -•. The Mayer- 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 Page 4 of 26 ell •• '•-: e e..e e..•e: e -": er...... ..-. , ' ..t. ....•: a :e ... e :e e - ••...e . : " • - e. If a vacancy occurs in the office of MayefCouncil President, or in case of his absence or disability, a Mayer- Council President pro tem shall be elected by the Council from its members to act as Mayef Council President for the unexpired term or during the continuance of the absence or disability The Council shall then follow the procedure set forth at Section 1 D(2) to appoint a person to the Council position left vacant by the person assuming the office of Council President pro tem. C. Four Council members shall be a quorum for the transaction of business, but in the absence of a quorum the members present at a meeting may adjourn the meeting to a later date. -- - -- -e e • e•- = •" e. - -- :e . - :. e •" - -- - -- ; Section -4: member of the Coe-nc+l s foec+ve tho sum of $5.00 for ach - - - - e - - - e - - - .e e •. ..`,.. e receive in addition thereto $100.00 per yoar, payable quarterly. Members of the Council Section 35 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 I Council upon written request of the Mayor, the Council President or any two Council 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 The Council shall choose such employees of its own body as it may .deem necessary. Section 7. The Council shall appoint an officer whese title shall be City Manager and who shall Page 5 of 26 0 by the Council. Sest+en- 8. • .. -- -- - - - -• - -- - - .. _ 0 - • - • e • _ - ,4 (3) To attend all meetings of th -Cou -ns+l at which his attendance may be required b -bedyi Page 6 of 26 (6) To proparc and submit to the Cour+sil S441 repo4c as may bo required by that {7) To koop the Council fully advicod of the finansiaa condition of. tho City or town {8) To prepare and submit to tho Couacia atentativo budgot for tho fiscal year; Section 444 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 eilMayor as the public business may demand Pending further action by the City SeuncilMayor, 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 efel+na ethe Mayor e : e i ::Tfe _ se _ and there shall be no app al therefrom. - e _ - "'• "-em e e - • - .. - e • of the City Manager shall be en the a requirement. Section - 43 - : • ''- •- - , - -- -- - .. - e • - - • - •e-e, e -. as • -e • - _ • - and employees and City affairs. • Section 544 Page 7 of 26 0 - - - • •• - - - - - • • • •• • • -.A. The Mayor shall be the chief executive officer of the City. 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. 1. 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 had had before appointment as head or assistant head of a department. City residency shall not be a requirement for these positions. 2. 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. 3. 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. 4 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. 5. 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. 6 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 The salary of the City Administrator shall be determined by the Mayor. 7 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. 8. 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 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 Page 8 of 26 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. 9. 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. 10 The duty to see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City. 11. The duty of the Mayor annually at the first meeting of the City Council in October to 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 12. 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 provisions and City Ordinances 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 Council meeting of each year. 13. 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. 14. 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 15. 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. 16.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 preformed. 17 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. 18. 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 110 settlement agreements in amounts less than or equal to those specifically provided by ordinance without first obtaining Council approval. Page 9 of 26 19. The Mayor shall not vote on any matters before the Council for consideration 20. The Mayor shall have no authority to increase or reduce taxes, the Mayor shall possess no taxing authority on behalf of the City. Section 146 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 all 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. • " -=-='= - e- • - - - , 960, at which time councilmen shall be elected - • - - - - • - - - - _ _ : - _ - e. . ; , . _ . e--- - - - -_e •••:••-••: • second Tuesday in March, 1959, respcst+vely. The terms of Ceu+lcilrncn elected to their cicstion. 1958- - - ...I. - - 9----e- , ARTICLE IV Legislation by the People Section 1 The people of Yakima, in addition to the method of legislation hereinbefore provided, 'shall have direct legislation by the initiative and referendum Section 2. The initiative shall be exercised in the following manner Page 10 of 26 (a) A petition signed by registered and qualified electors of the City, accompanied III 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 1 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 1 City Commiccion Council within twenty days after receipt thereof, except as otherwise provided in this charter, shall either pass such ordinance without alteration, or submit it to a popular vote at a special election which must be held within thirty days after the date of the ordering thereof 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 of this article fa 1 ,Thereupon the City Commiccion Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next I municipal election, or, the City Council may call a special election for that purpose, 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 I The City Commi lion Council may submit to popular vote for adoption or rejection at any election any proposed ordinance in the same manner and effected 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 I 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 Page 11 of 26 The holder of any elective office, whether elected or appointed thereto, may be 110 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 Csouncil 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 a minimum of five affirmative votes. D. Every ordinance passed 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 therefor, 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 An emergency ordinance is one to provide for the immediate preservation of the public peace, property, health or safety The Page 12 of 26 unanimous vote of the City 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 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. 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 authenticates that number and title of each ordinance passed by the City Ge isnCouncil, with certificate , attached thereto shall be published once in the official newspaper of the sCity 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 Commi^sion Council of the City of Yakima, Washington, on the day of 201-9 , and is now on file with the undersigned at the office of the City Clerk, where the same is open to public inspection Dated City Clerk." lion -4. ,, -•• _ •- —e •••• _ _ e- e.. - e -- e . • e • e . e '. e• --e 1. e , e. . •. • . . . e •• • e e • •• r Section 54 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 Page 13 of 26 provisions of this section shall disqualify the offender to continue in office or employment and he shall be forthwith removed them 11/ Section 65 Any purchase of supplies, materials, equipment or services, except for public work or improvement, where the cost thereof .exceeds $2,989a specific sum to be set by ordinance 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 -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 Ac amended by vote of the people November 6, 1984. Section 67 In addition to the provisions of the general law the City Commission 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 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 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 I including funds for the library, parks and playgrounds, police and firemen's relief shall be taken and apportioned by the City Commiccion Council from the current expense fund which for any one year shall not exceed eighteen mills 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; Page 14 of 26 (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 Mayor, subject to the budgetary authority of the City Council, and boards, committees, and commissions created by the City Council to assist in the management of any municipal activities, if any are .created, shall act in an advisory capacity only. A _ • . - • _ • _ _ _ _ • • _ - :: _ . • capacity only. Section 6 I 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 Commission Council may appoint advisory boards to assist in administering the public library, parks and playgrounds and city planning The City GO-134miscion 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 I The City Commission 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 Commission Council shall have power to arrange by ordinance for the financing and repair, replacement, rehabilitation or extension of any public utility owned Page 15 of 26 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 All claims for damages against the City, whether sounding in tort or arising out of 1 contract, shall be presented in writing to the City Council within 30 days after the date upon which such damages are claimed to have been sustained Such claims shall accurately state the time, place, cause, nature and extent of the alleged damages and give the actual residence of the claimant by street and number, if any, at the date of presenting such claim, and for six months immediately prior to the time such claim for damages accrued, and shall be verified by affidavit of the claimant or if the claimant be a minor or otherwise incapacitated from verifying, then such claim shall be verified by any relative or by an attorney or agent of such claimant, to the effect that the same is true No action shall be maintained against the City for any claim of damages until 60 days have elapsed after the rejection of such claim Failure to present any such 1 claim in the manner or within the time in this section provided shall be a bar to any action against the City therefore 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, which ordinance shall be submitted to a vote of the electors of the City at a general or special election and shall not become operative unless approved by a majority of the electors voting 1 upon said franchise Provided, that the City Commission Council shall have authority without necessity of reference to the electors, to pass an ordinance granting permission to lay a spur track or tracks connecting a main line of railroad with adjacent manufacturing plants, warehouses or other private property 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 110 Page 16 of 26 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 1 Commission 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 1 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 ill 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 of one hundred dollars 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 1 ,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, police men and firemen shall at all time while in the actual discharge of their duties be allowed to ride upon such 1 cars or busses 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 III claimant under said ordinance 1 Page 17 of 26 ARTICLE XII Power to Incur Indebtedness Section 1 The City may borrow money and be•- semebecome 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 Commiccion 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 In addition thereto the City Commiccion Council may provide by ordinance for a special election to be held on the first Monday in December, 1931, at which time amendments to this charter may be submitted Provided, that if a petition for such election signed by not Tess than 500 qualified voters of the City shall be submitted not less than 30 days prior thereto, then the City Commiccion Council shall be required to call such election At the said special election the City Commiecion Council may submit other questions which in its judgment should be determined by the people In subsequent years special elections for amending this charter may be called by the City Commiccion Council or shall be called upon petition of not Tess than 500 qualified voters 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 or 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, alFvacations of public streets, alleys or places, all assessments for Page 18 of 26 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, 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 event that a majority of all votes cast thereon, shall be "For the Charter" said charter 'shall be adopted ARTICLE XV City Emergency Hospital The City shall have the power and authority to provide for the establishment, maintenance and operation of an emergency hospital, either in conjunction with the County of Yakima, or separately; and the City Co is-sion:1-Council of said city, may in lieu thereof, designate some existing hospital within the city' limits as a city emergency hospital, and provide by ordinance for the treatment of emergency accident patients therein, at the expense of the City of Yakima As adopted by vote of the people, December 5, 1936 ARTICLE XVI 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 Page 19 of 26 (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 incompetency, 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 their 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, Page 20 of 26 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 (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 Page 21 of 26 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 or 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 Manager; (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 Manager; (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 Manager 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 Page 22 of 26 • 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 effectually 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 wilfulwillful failure on the 'part of the employee to properly conduct himself; or any wilfulwillful violation of the III provisions of this Article or of the rules and regulations to be adopted hereunder; (c) Mental or physical unfitness of 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, Page 23 of 26 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 110 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 Page 24 of 26 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, estimate, or account is, insofar as known to the commission, a true and accurate statement The commission 410 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 1 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 Page 25 of 26 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 As adopted by vote of the people March 10, 1959 Effective date June 1, 1959 Page 26 of 26