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12/10/2010 00 Agenda and Packet
Micah Cawley, Mayor ��' �J Kathy Coffey, Assistant Mayor `" • •' Yakima Maureen Adkison 4 ,, Dave Edler ' ,,1 b / City Council Rick Ensey • ,,, °RPO RATED 191r Agenda ��h.. ,,....� -- Dave Ettl 129 N. 2nd Street,Yakima,WA.98901 Bill Lover Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email ccouncil ©ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, jr Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAKIMA CITY COUNCIL SPECIAL MEETING DECEMBER 10, 2010 — 9 30 A.M COUNCIL CHAMBERS — CITY HALL 1 Roll CaII 2 Formal reading of a Resolution title to memorialize the intent of the • Council to set February 8, 2011 as the date for the City of Yakima to hold a special election on an incorporated ballot proposition amending the City Charter to abolish and abandon the current Council- Manager form of government and to adopt a Mayor - Council form of government 3 Executive Session to evaluate qualifications for public employment (up to one hour) 4 Adjournment to December 13, 2010 at 4 00 p m in the Council Chambers for the continuation of joint City /County deliberations on the West Valley Neighborhood Plan, Area Wide Rezone and Urban Area Street Standards III Yakima ire City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community ' I I I I Adopted March 2008 1994 • NOTICE OF SPECIAL MEETING YAKIMA CITY COUNCIL YAKIMA, WASHINGTON NOTICE IS HEREBY GIVEN that a special meeting of the Yakima City Council will be held at the time, date and place indicated below, for the purpose of considering the matter specified below Dated this 9 day of December, 2010 /s/ Deborah Kloster, City Clerk Date, time and place of Special Meeting. December 10, 2010 at 9 30 a m in the Council Chambers at City Hall, 129 North Second Street, Yakima Special Meeting called by: Council Members Rick Ensey Council Member Bill Lover Agenda. 1 Formal reading of a Resolution title to memorialize the intent of the Council to set February 8, 2011 as the date for the City of Yakima to hold a special election on an incorporated ballot proposition amending the City Charter to abolish and abandon the current Council- Manager form of government and to adopt a Mayor - Council form of government 2 Executive Session to evaluate qualifications for public employment (up to one hour) • 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, HI, 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, Ill, 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 Page 1 of 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. tO 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, 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 iSection 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 swearinq 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 bylaw, ordinance or resolution of the Coity Council 'Furthermore, all powers of the City, unless otherwise provided in this charter, shall be exercised by the Mayor and City Council in a Mayor - Council form of government. They shall be subject to the control and direction of the people at all times by the initiative, ,referendum and recall provided for in this charter. ARTICLE II O#ficersElective Officials, Qualifications, Authorities and Responsibilities — Mayor - Council Form of Government Section 1 A. The elective officer; 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 �• iexcept 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 stilt Page 1 of 26 I conctitutc the Council, and one of whom shall be the Mayor chosen as providcd by • Section 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 maiority vote of the qualified electors of the ;City to terms of four years, al the times and in the manner hcreinaftcr provided in this 'charter and by the laws of Washington The Council members so elected shall 'constitute the Wig- 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 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 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 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 i 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 Tess 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 (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 thcreby 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, in the Council, 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 irre^ and the conduct of such biennial elections, shall be governed by Page 3 of 26 1 ;general state laws, by this charter, and by applicable ordinances of the City as they may 110 be e nacted from time to time - - e - - - -- _ - -_ - - _ -- 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. j F. The office of Mayor, Council President or Council member shall be deemed vacant 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 15. 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 Section -3. B. The Council shall choose its own oh-air-man-Council President at its first meeting and at the first meeting after thc subsequenteach biennial elections The chairman shall _ . - • - • - _ _ . _ _ . _ - - _ •• • - _ • e _ - - ' . • _ - . The Mayor 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 He shall be recognized ac thc h ad of the City for all ceremonial purposes and by the a� Page 4 of 26 • - - - - - - ' - "'"e' - - - :. If a vacancy occurs in the office of Maye•rCouncil President, or in case of his absence or disability, a Mayor Council President pro tem shall be elected by the Council from its members to act as Mayor !Council President for the unexpired term or during the continuance of the absence or disability 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. - - L - - - - -- - - - _ •- __ . - -_ e-..- !City of Yakima as Police Judge, who shall be designated as "Municipal Judge " Scotion- the Council. Each member of the Council shall receive thc sum of $5.00 for ach of $250.00 per annum, thc same to be paid quarterly: provided, that thc Mayor shall { - - - e •e ee - - - e . • . moral turpitude while in office shall immediately forfeit his office. '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 1 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 -6 I cerve during thc ploa l cure of the Council. Section • e e - •- - i4.-_e- •- e- -•e -• e. e - Page 5 of 26 with special reference to his actual experience in, or his knowledge -0f, accepted • limited by any residence or political qualification. Bcforc entering upon the duties of his office, such City Manager shall take thc official !of his duties, and shall execute a bond in favor of thc City in such sum as may be fixed by the Council. Section-8. _ _ _ .• •e- _ _ _ - _ _ (majority vote of the Council •• of thc City Council stating the Council's intention to remove him and thc reason& thereof, reply in writing to the resolution stating the Council's intention to remove him In ;services shall terminate upon that day. If a reply shall bc timely filed with its Clerk, the has been had. The action of thc Council in removing thc Manager shall be final In case -- e e - ;,- -e - -- e-- - e" e— -- percon to perform thc duties of thc office during such absence or disability. Section -9: The powers and duties of thc City Manager shall bc. (2) To appoint and remove at any time all department heads, officers. and ;consent of the City Manager; {3) To attend all meetings of the Council at which his attendance may be required by that body; ;emergency; Page 6 of 26 ,occescary or expedient; � - - - - - _ � - - - - ". " " •- - - _ - _ • - - _ . _ - - •- {7) To keep thc Council fully advised of the financial condition of the City or town ;and its future needs, (9) To perform such othcr duties as thc - _ _. - . - - ••••- _ . _ _ _ _ - _ resolution. 'Section 104. The Mayor shall appoint a City Administrator to assist in the general administration of the City. The specific responsibilities of the City Administrator shall be determined by the Mayor. Administrative departments shall be created and discontinued by the City ;Council as the public business may demand Pending further action by the City Council, the administrative departments now in existence shall be continued The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established or discontinued by ordinance • and there shall be no appeal therefrom. Appointments made by or under thc authority of thc City Manager shall be en-the a requirement. ��. Ncithcr thc Council, nor any of its committees or members shall direct or request the ,appointment of any person to, or his removal from, office by the City Manager or any of i deal with the administrative service solely through the Manager and neither thc Council ''- - -- - •- e -- - - - - - - - - •- - • - and employees and City affairs. !Section 51-4 Page 7 of 26 Thc City Manager and othcr officers, assistants and cmployces, shall receive such ite at such times as the Council shall dctcrminc.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 fixed in the discretion of the Mayor but shall not exceed one hundred ten percent of the salary of the highest paid employee of the City (other than the Mayor, the municipal court judges or said City Administrator) or such higher amount as set by the City Council, from time to time. 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 to Page 8of26 specifically stated in ordinance. If the City Council refuses to appoint any nominee 1 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. j9. 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 I charter. 10. The duty to see that all laws and ordinances are faithfully enforced and that law I 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 ® I 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 [110 of the City so long as said contracts and settlement agreements have been previously approved by Council. To the extent specifically approved and provided Page 9 of 26 for in ordinance the Mayor may have limited authority to execute contracts and settlement agreements in amounts less than or equal to those specifically j provided by ordinance without first obtaining Council approval. 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 446 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 timc councilmen shall be elected 'shall be held whenever required by thc laws of the State or by this Charter. The City • - _ _ - - _ _ -- - • •• • e--_ - _- - - -- - - • •-!, •- !office on the second Tuccday in March shall begin on thc first Monday in June following 'their election 1 ' _ • - _ _ - - - - - _ - _ _ - - - - . _ _ i • _ O • _ _ ' - _ _ - •-----e- ' 9 , 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 Page 10 of 26 ® Section 2. The initiative shall be exercised in the following manner (a) A petition signed by registered and qualified electors of the City, accompanied by the proposed legislation in the form of a proposed ordinance and requesting that such ordinance be submitted to a vote of the people shall be filed with the City Clerk. (b) Within two days from the filing of such petition the City Clerk shall certify the ,number of votes cast at the last general City election and the number of signers of such ;petition, and shall present such certificate, petition and proposed ordinance to the City IGemmissionCouncil (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 Commission 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 jelection ;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 Council shall immediately reconsider such ordinance, ;and, if it does not entirely repeal the same, shall submit it to popular vote at the next ;municipal election, or, the City Commission 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 The City 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 The City Commie sionerCouncil, by ordinance, shall make further regulations for carrying out the provisions of this article not inconsistent herewith ARTICLE V The Recall Page 11 of 26 Section 1 ' The holder of any elective office, whether elected or appointed thereto, may be ; removed from such office by recall proceedings as provided by the laws of the State of !Washington for elective officers ,Section 2. An officer removed from office by recall election or who shall resign from such office spending 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 Ccouncil 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, j _ attested by the City Clerk and recorded in a book kept for that purpose. As amended by vote of the people November 7, 1072. 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 110 publication thereof as herein provided Page 12 of 26 ® 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 authenticated by the that purpose. Tthe number and title of each ordinance passed by the City IGemmiesienCouncil, with certificate as herein provided, attached thereto,- shall be !published once in the official newspaper of the sCity Said certificate shall be signed by ithe City Clerk and shall be in substantially the following form "Ordinance No bearing above title, was duly and regularly passed by the City Commission Council of 'the City of Yakima, Washington, on the day of 2049 , 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 " Ipocce'c any of the qualifications specified in this section, or who may be convicted of a 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 (provisions of this section shall disqualify the offender to continue in office or employment and he shall be forthwith removed the - e !Section 65 Page 13 of 26 Any purchase of supplies, materials, equipment or services, except for public work or • improvement, where the cost thereof exceeds $2- 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 1 ;Council members, up to but in no case to exceed any amount allowed by state State f 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 1 - - - e e -- -- -- -- - -•-- 'Section 67 1 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 , 40 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 ;including funds for the library, parks and playgrounds, police and firemen's relief shall 1 be taken and apportioned by the City Commission 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; (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 i Page 14 of 26 Section 4. No special levies shall be made for other purposes than those above specified except those which may be authorized at an election Section 5. All City funds shall be administered by the City Council, 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 ! The City Commiscion 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 I The City Commi'.ion Council may appoint advisory boards to assist in administering the public library, parks and playgrounds and city planning The City !Council shall have full charge of the budgets for such purposes and shall by ordinance regulate the organization and duties of such boards, and may provide that any monies 'acquired by donation, bequest or from leases or concessions, fines, or penalties shall be used in addition to the amount set aside in the annual budget out of the tax levy ARTICLE IX i Public Utilities Section 1 The City Council shall provide by ordinance rules and regulations and !make provisions for the control, management and operation of all public utilities owned and operated by the City, or which may hereafter be acquired by the City in the manner provided by law, or which the City may by law govern, control or regulate Section 2. I The City Commis ion Council shall have power to arrange by ordinance for the financing and repair, replacement, rehabilitation or extension of any public utility owned and operated by the City, provided, however, that such financing shall be arranged upon the credit of the utility itself and not upon the issuance of general obligation bonds 'of the City ARTICLE X Page 15 of 26 Claims ;Section 1 All claims for damages against the City, whether sounding in tort or arising out of ;contract, shall be presented in writing to the City Commiccion 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 ;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 i 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 upon said franchise Provided, that the City Commi scion .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 ;Section 4 I 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 Page 16 of 26 • ;Section 6 j 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 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 !prescribed by the City Commission Council to enable it to determine the amount of !compensation to be paid to the City for the use of said franchise during the preceding year Any such person, persons, or corporations which shall refuse or fail to make any such report within the time specified shall be liable to a penalty 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 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 , ! !cars or busses under said franchise without paying therefore, and with all rights of other passengers ;Section 10 I No franchise, right, privilege, or license shall be considered as granted by any ;ordinance except when expressed therein in plain and unambiguous terms, and if any !ambiguity appears therein it shall be construed in favor of the city and against the claimant under said ordinance ARTICLE XII Power to Incur Indebtedness Section 1. The City may borrow money and be comebecome indebted in any legal way, subject, as to the amount and manner of incurring indebtedness, to the provisions and Page 17 of 26 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 Commiczion Council by !ordinance may authorize any indebtedness and the issuance of bonds ARTICLE XIII Amendments 1Section 1 This charter may be amended in the manner provided by the laws of the State of 1 'Washington In addition thereto the City Commitmion 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 less than 500 qualified voters of the City shall be submitted not less than 30 days prior thereto, then the City Commission Council shall be required to call such election At the said special election the City Commission 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 ,Commiscion Council or shall be called upon petition of not less 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 ; inconsistent herewith, shall remain in force until amended or repealed or until they expire by limitation All rights and obligations in favor of or against the City existing at the time this charter shall go into effect shall continue without modification All street and ;other improvements, all vacations of public streets, alleys or places, all assessments for ;improvements, all suits and actions in court, all fines, penalties and forfeitures and all ; other matters relating to the City that may have been begun and not completed, shall be ;completed according to the law and ordinances existing prior to the time this charter ;shall go into effect, and all taxes and assessments levied and remaining unpaid when this charter shall go into effect shall be collected as provided by the law existing and in effect at the time the same were levied • Page 18 of 26 ;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 Commi scion 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 j The following terms, whenever used in this Article., shall be construed as follows ! (a) "Commission" means the civil service commission herein created, and I "Commissioner" means any one of the three members of any such commission (b) "Appointing power " — Appointing power means the officer or person, board or committee who is empowered to make appointments for employment in the city civil ;service (c) "Appointment" includes all means of selecting, appointing, or employing any .person to any office, place, position, or employment in civil service ! (d) "City" means the City of Yakima, Washington ' (e) "Employees" means all persons regularly employed by the City of Yakima, !Washington, either on a part-time or full -time basis with the exception of those persons ;listed in Section 6 Section 3. There is created a city civil service commission which shall be composed of three !persons The commission members shall be appointed by the City Council in the (411) 'following manner ' (a) One member shall be appointed by the City Council Page 19 of 26 ' (b) The second member shall be appointed by the City Council from a list of three I 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 lappointee 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 I 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 1 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 Page 20 of 26 ® ': It shall be the duty of the civil service commission (a) To make suitable rules and regulations not inconsistent with the provisions thereof 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 I (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 jenforcement and effect of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, positions, and ;employments affected by this Article, and ascertain whether this Article and all such rules and regulations are being obeyed Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose Not only must these investigations be made by the commission as aforesaid, but the ;commission must make like investigation on petition of any citizen, duly verified, stating that irregularities or abuses exist, and setting forth in concise language, in writing, the , ,necessity for such investigation In the course of such investigation the commission, or the chairman or chief examiner when authorized by a majority vote of the commission, may issue subpoenas to compel the attendance at such place as may be designated in this City of witnesses and the production of books and papers pertinent to any inquiry or ; investigation authorized by this Article, or may take depositions of witnesses Subpoenas shall also be issued at the request of the parties to the proceedings other than the commission and the chairman The commission or any member thereof, or the chief examiner, when authorized by the commission, may administer oaths and take !testimony The commission or the chief examiner may examine such public records as they require in relation to any matter which they have authority to investigate (d) To conduct hearings and investigations in accordance with this Article and by the rules of practice and procedure adopted by the commission, and in the conduct !thereof neither the commission, nor designated commissioner shall be bound by ;technical rules of evidence No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule, or regulation made, or confirmed by the 'commission, provided, That no order, decision, rule or regulation made by any ;designated commissioner conducting any hearing or investigation alone shall be any ;force or effect whatsoever unless and until concurred in by at least one of the other two ; m embers Page 21 of 26 (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 : positions, 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 I (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 1 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' e 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 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 Page 22 of 26 • 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 - willful failure on the ;part of the employee to properly conduct himself; or any wi- Ifuiwillful violation of the 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 I 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, for demoted except for cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a written statement of which accusation, in general terms, ! shall be served upon the accused, and a duplicate filed with the commission Any ;person so removed, suspended, or demoted may within ten days from the time of his ;removal, suspension, or demotion, file with the commission a written demand for an ;investigation, whereupon the commission shall conduct such investigation The !investigation shall be confined to the determination of the question of whether the ;removal, suspension, or demotion was made in good faith for cause After such 'investigation the commission may affirm the removal, or if it finds that removal, ;suspension or demotion was not made in good faith for cause, shall order the 'immediate reinstatement or reemployment of such person in the office, place, position, or employment from which he was removed, suspended, or demoted, which ; reinstatement shall, if the commission so provides be .retroactive, and entitle such ;person to pay or compensation from the time of the removal, suspension, or demotion 1• 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 Page 23 of 26 'restoration to duty, or demotion in classification, grade, or pay The findings of the 1111) 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 shearing, 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 j 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 I Whenever a position in the classified service becomes vacant, the appointing power, • i f 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 lone vacancy in a particular class one additional name shall be certified for each ; additional vacancy If there is no appropriate eligible list for the class, the commission 'shall certify the name of three persons standing highest on the list held appropriate for such class The appointing power shall forthwith make its appointment to the vacant position from the list of persons so certified To enable the appointing power to exercise a choice in the filling of positions, no ; appointment, employment, or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of six months, probationary !service, as may be provided in the rules of the civil service commission, during which the appointing power may terminate the employment of the person certified to him, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory for employment by the City of Yakima Thereupon the appointing power shall select from the three persons certified as standing next highest on any such list and such person !shall likewise enter upon said duties for the probationary period, until some person is found who is deemed fit for appointment, employment, or promotion whereupon the !appointment, employment, or promotion shall be deemed complete !Section 12. • Page 24 of 26 ® I 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 H of this Article and the rules of the commission, and that the payroll, estimate, or account his, 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 1 !officer or employee who w ywillfully or through culpable negligence, violates or fails to comply with this Article or with the rules of the commission ';Section 14. • j 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 an 9 Y p pp p 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 orr 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, i ;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, Page 25 of 26 papers, documents, and accounts, and attend and testify, whenever required so to do by the commission or any commissioner Section 18. 1 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 Iscope.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 1 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 f 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