HomeMy WebLinkAbout12/07/2010 11B City Charter Amendment re Mayor-Council Form of Government; Special Election February 8, 2011 (2) • 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
REVISED
AGENDA ITEM #11 (B)
CITY COUNCIL FORM OF GOVERNMENT COMMITTEE
DRAFT PROPOSITION REPLACEMENT
_1.._1 - -e_,y, i 1 CB) rep
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, 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, 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 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:
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, Ill, 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
1
CHARTER - -- - -- - -- - - -- - - -- - --
ARTICLE I
Name, Boundaries, Powers, Rights and Liabilit
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 GemmissionCouncil.
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#icersElective Officials, Qualifications, Authorities and Responsibilities —
l- ManagerMayor- Council Form of Government
Section 1.
A. The elective officcrs 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 whe-shall
Page 1 of 26
1
; 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 majority vote of the qualified electors of the
City to terms of four years, alf --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 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. An elective official that ceases to • ossess an of the • ualifications s • ecified
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.
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 ofeach district may
least 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. .
(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 thereby 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.
(3) Provision for the time and manner of election of the Mayor and Council
^^officials, and the conduct of such biennial elections, shall be governed by
Page 3 of 26
I general state laws, by this charter, and by applicable ordinances of the City as they may
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.
Section-3,.
B. The Council shall choose its own chairman Council President at its first meeting
and at the first meeting aftcr the cubccqucntcach biennial elections.
- - • - 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
{3esed -upon him by this charter, the City Council and the ordinances of the City.
Page 4 of 26
- - ' - - •- • - ••-••*- • - - - . If a vacancy occurs in the office of
MayerCouncil President, or in case of his absence or disability, a Mayer- Council
President pro tern shall be elected by the Council from its members to act as Mayer
Council President for the unexpired term or during the continuance of the absence or
disability. 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 tern.
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•- - •- -_ - __ -_ - - -
• - -- •-- - - - -- _ _ •-
Section -4.
... _
Section 36.
The Council shall meet at the times and places fixed by ordinance, but must hold at
I 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.
Section -� '
Section -7.
Page 5 of 26
Se tion8.
At least thirty days bcforc the effective date of his removal, the City Manager must be
continue until his removal bccomcs effective. ••
- - - - ••- - - - - - • - - - - - - - •- - - - ' I - - - • -
._ „ _ _ •
•_ „ _ •_ .
Section --9:
employees of the City, except members of the Council, but the appointment and
{3) To attend all meetings of the Council at which his attendance may be required
bled
emergency; —
Page 6 of 26
(5) To recommend for adoption by the Council such measures as he may deem
necessary or expedient;
{6) To prcpare and submit to the Council such reports as may be required by that
(7) To keep the Council fully advised of the financial condition of the City or town
and its future needs;
{8) To preparc and submit to the Council a tentative budget for the fiscal year;
{9) To perform such other duties as the Council may determine by ordinance or
restitution.
Section 404.
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.
Se
. • . . - - - - - • - - -..e - - -- - - - -- • -- -- ••-• - e••--. ' - -
and there shall be no appeal therefrom.
Section X17
a requirement. - ''_ -- , • - - - - _ • • - _ -f - - - f _ - • - •- - • •- --
,Section 544.
Page 7 of 26
at such timcs 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:
I1. 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
i
1
Page 8 of 26
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. 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
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
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 156.
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.
to succeed those elected for one year terms at the election held on the second Tuesday
ehall be held whenever required by the laws of the State or by this Charter. The City
second Tuesday in March, 1950, respectively. The terms of Councilmen elected to
their election
As amended by vote of the people November 4, 1958. Effective date December 11,
1958.
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
Commission 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
I City Commiscion 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.
Thereupon the City Commiscion 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.
The City Commiccion 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 gemmissienerCouncil, 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
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."
IB. Every ordinance, except those which become emergency ordinances, passed by
the City Council shall, within five days thereafter, be presented to the Mayor.
IC. 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.
As amcnded by vote of the people November 7, 1972.
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.
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, - _ _ _ _ _ _ - _ - _ - •_ • _ _ - _ _ •-• • _ _ - _ _ . • -
that purpose. Tthe number and title of each ordinance passed by the City
CommissiefiCouncil, 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 Commiccion 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."
Section`4
• - _ ._ ..
Section 64.
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.
Page 13 of 26
Any purchase of supplies, materials, equipment or services, except for public work or
improvement, where the cost thereof exceeds $2009a 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 etate 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.
As amended by vote of the people November 6, 1984.
Section 67.
In addition to the provisions of the general law the City Council may by
ordinance create and establish special funds into which all monies received for a special
or specific purpose may be placed: Provided, however, that such fund or funds shall be
other than those deriving revenue from taxation.
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 Commiceion 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
I be taken and apportioned by the City 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.
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. - - - e - - • • - - - - • - -
Section 6.
The City Commission 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 Commiccion Council may appoint advisory boards to assist in administering
the public library, parks and playgrounds and city planning. The City GOFFIfiliseiGR
Council shall have full charge of the budgets for such purposes and shall by ordinance
regulate the organization and duties of such boards, and may provide that any monies
acquired by donation, bequest or from leases or concessions, fines, or penalties shall
be used in addition to the amount set aside in the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
Section 1.
The City Commi ^ion Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
Section 2.
The City Council shall have power to arrange by ordinance for the
financing and repair, replacement, rehabilitation or extension of any public utility owned
and operated by the City, provided, however, that such financing shall be arranged
upon the credit of the utility itself and not upon the issuance of general obligation bonds
of the City.
ARTICLE X
•
Page 15 of 26
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
I 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
I prescribed by the City Council to enable it to determine the amount of
compensation to be paid to the City for the use of said franchise during the preceding
year. Any such person, persons, or corporations which shall refuse or fail to make any
such report within the time specified shall be liable to a penalty 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
I alienated without the express consent of the City Commi' 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
I 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
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 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 Commission 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 Commiccion Council shall be required to
call such election. At the said special election the City Commiccion 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
Gemmission-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
not inconsistent herewith, shall remain in force until amended or repealed or until they
expire by limitation. All rights and obligations in favor of or against the City existing at
the time this charter shall go into effect shall continue without modification. All street and
other improvements, all vacations of public streets, alleys or places, all assessments for
improvements, all suits and actions in court, all fines, penalties and forfeitures and all
other matters relating to the City that may have been begun and not completed, shall be
completed according to the law and ordinances existing prior to the time this charter
shall go into effect, and all taxes and assessments levied and remaining unpaid when
this charter shall go into effect shall be collected as provided by the law existing and in
effect at the time the same were levied.
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
I County of Yakima, or separately; and the City Commiccion 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.
(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.
Page 19 of 26
(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,
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.
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
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
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.
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
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.
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 wilfulwillful failure on the
part of the employee to properly conduct himself; or any w+fwillful 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.
No person in the classified civil service who has been permanently appointed or
inducted into civil service under provisions of this Article, shall be removed, suspended,
or demoted except for cause, and only upon written accusation of the appointing power
or any citizen or taxpayer; a written statement of which accusation, in general terms,
shall be served upon the accused; and a duplicate filed with the commission. Any
person so removed, suspended, or demoted may within ten days from the time of his
removal, suspension, or demotion, file with the commission a written demand for an
investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the question of whether the
removal, suspension, or demotion was made in good faith for cause. After such
investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith for cause, shall order the
immediate reinstatement or reemployment of such person in the office, place, position,
or employment from which he was removed, suspended, or demoted, which
reinstatement shall, if the commission so provides be retroactive, and entitle such
person to pay or compensation from the time of the removal, suspension, or demotion. I
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
commission shall be certified, in writing to the appointing power, and shall be forthwith
enforced by such officer.
All investigations made by the commission pursuant to this section shall be by public
hearing, after reasonable notice to the accused of the time and place thereof, at which
hearing the accused shall be afforded an opportunity of appearing in person and by
counsel, and presenting his defense. The subpoena provisions of Section 5 of this
Article shall apply to all such hearings. If the order of removal, suspension, or demotion
is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding that a certified transcript
of the record and of all papers on file in the office of the commission affecting or relating
to its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court.
The court shall thereupon proceed to hear and determine the appeal in a summary
manner. Such hearing shall be confined to the determination of whether the order of
removal, suspension, or demotion made by the commission, was or was not made in
good faith for cause, and no appeal shall be taken except upon such ground or grounds.
The decision of the superior court may be appealed to the supreme court.
Section 11.
Whenever a position in the classified service becomes vacant, the appointing power,
if it desires to fill the vacancy, shall requisition the commission for the names and
addresses of persons eligible for appointment thereto. The commission shall certify the
names of three persons highest on the eligible list for the class to which the vacant
position has been allocated, who are willing to accept employment. In case of more than
one vacancy in a particular class one additional name shall be certified for each
additional vacancy. If there is no appropriate eligible list for the class, the commission
shall certify the name of three persons standing highest on the list held appropriate for
such class. The appointing power shall forthwith make its appointment to the vacant
position from the list of persons so certified.
To enable the appointing power to exercise a choice in the filling of positions, no
appointment, employment, or promotion in any position in the classified service shall be
deemed complete until after the expiration of a period of six months, probationary
service, as may be provided in the rules of the civil service commission, during which
the appointing power may terminate the employment of the person certified to him, if
during the performance test thus afforded, upon observation or consideration of the
performance of duty, the appointing power deems him unfit or unsatisfactory for
employment by the City of Yakima. Thereupon the appointing power shall select from
the three persons certified as standing next highest on any such list and such person
shall likewise enter upon said duties for the probationary period, until some person is
found who is deemed fit for appointment, employment, or promotion whereupon the
appointment, employment, or promotion shall be deemed complete.
Section 12.
Page 24 of 26
All offices, places, positions, and employments coming within the purview of this
Article shall be filled by the appointing power; nothing herein contained shall infringe
upon the authority that the City Council may have to fix the salaries and compensation
of all employees employed hereunder.
Section 13.
No treasurer, clerk or other officer, or employee of the City subject to this Article shall
approve the payment of or be in any manner concerned in paying, auditing, or
approving any salary, wage, or other compensation for services, to any person subject
to the jurisdiction and scope of this Article, unless a payroll, estimate, or account for
such salary, wage, or other compensation, containing the names of the persons to be
paid, the amount to be paid, and any other information which, in the judgment of the civil
service commission, should be furnished on such payroll, bears the certificate of the
civil service commission, or of its chief examiner or other duly authorized agent, that the
persons named therein have been appointed or employed in compliance with the terms
of this Article and the rules of the commission, and that the payroll, estimate, or account
is, insofar as known to the commission, a true and accurate statement. The commission
shall refuse to certify the pay of any public officer or employee whom it finds to be
illegally or improperly appointed, and may further refuse to certify the pay of any public
I officer or employee who wilkillywillfully or through culpable negligence, violates or fails
to comply with this Article or with the rules of the commission.
Section 14.
The commission shall begin and conduct all civil suits which may be necessary for the
proper enforcement of this Article and rules of the commission.
The commission shall be represented in such suits by the city attorney.
Section 15.
The right of any person to an appointment or promotion or to any position in classified
service of the City shall not be withheld because of his race, color, religion, national
origin, political affiliation or belief, nor shall any person be dismissed, demoted,
transferred or reduced in grade for such reason.
Section 16.
No public officer, whether elected or appointed, shall discharge, promote, demote, or
in any manner change the official rank, employment, or compensation of any person
under civil service or promise or threaten so to do for giving or withholding, or neglecting
to make any contribution of money, or services, or any other valuable thing, for any
political purpose.
Section 17.
All officers and employees of the City shall aid in all proper ways in carrying out the
provisions of this Article, and such rules and regulations as may, from time to time, be
prescribed by the commission and afford the commission, its members, and employees,
all reasonable facilities and assistance in the inspection of books, papers, documents,
and accounts applying or in any way appertaining to any and all offices, places,
positions, and employments, subject to civil service, and also shall produce such books,
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.
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
REVISED
AGENDA ITEM #11 (B)
CITY COUNCIL FORM OF GOVERNMENT COMMITTEE
DRAFT PROPOSITION REPLACEMENT
t ( CB) ref I
fR ev s ext
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, Ill, 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, 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 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:
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, Ill, 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 Ccity GemmissionCouncil.
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 isercElective Officials, Qualifications, Authorities and Responsibilities —
Council-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. a -shall
Page 1 of 26
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 majority vote of the qualified electors of the
1City to terms of four years, a-Il-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 governing-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
gadded to and constitute a part of its then existing contiguous district.
j (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
lof 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.
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.
(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 thereby 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.
L.(3) Provision for the time and manner of election of the Mayor and Council
membefsofficials, and the conduct of such biennial elections, shall be governed by
Page 3 of 26
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 City Administrator and any municipal court
Y Y p
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.
Section -3.
B. The Council shall choose its own chairman Council President at its first meeting
and at the first meeting after the subcequcnteach biennial elections.
have the title of Mayor during the biennium for which he is chosen. 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
dosed -upon him by this charter, the City Council and the ordinances of the City.
He shall be recognized as the head of the City for all ceremonial oces and by the
Page 4 of 26
right to vote as another member thereof. If a vacancy occurs in the office of
MayerCouncil President, or in case of his absence or disability, a Mayor Council
President pro tern 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. - - - - - - - - - - - - - - - - - - _ . • _ -__ •-
-. •„
Section -4T
the Council. Each member of the Council shall receive the sum of $5.00 for each
(receive in addition thereto $100.00 per year, payable quarterly. Members of the Council
moral turpitude while in office shall immediately forfeit his office.
Section 36.
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 -6T
The Council shall choocc such employees of its own body as it may deem nececcary.
eerve during the pl asure of the Council.
Section -7.
government. The City Manager shall be chosen upon the basis of character and ability
Page 5 of 26
practice in respect to the duties of his office as hereinafter outlined. Choice shall not be
I No person elected to membership on the Council shall, subsequent to such election,
expiration of the term for which he was elected.
Before entering upon the duties of his office, such City Manager shall take the official
of his duties, and shall execute a bond in favor of the City in such sum as may be fixed
Section -&
of the City Council stating the Council's intention to remove him and the reasons
therefor. Upon passage of the resolution stating the Council's intention to remove the
continue until his removal becomes effective.
- - ' ' - -e-
- " . •- . • . • e. . _ • - - e- - - _ • - " - - - •••• - - - - -
(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 be timely filed with its Clerk, the •
- - - •- • - ••- - - - - e - - - - - e • e - - -
1 - - - - - - - - - - •- - - •- - --- - • • - - -- • - - •
Section -.
The powers and duties of the City Manager shall be:
i - - _ -e .._.._- a -- - - -•- ,
removal -e€- those department heads, officers and employees who are subject to Civil
Service or merit systems of the City of Yakima shall be pursuant to the Civil Service
laws, rules and regulations of such City in existence at the effective date hereof:
the City government and may select the persons to make it, without the advice or
by that body;
emergency;
Page 6 of 26
(5) To recommend for adoption by the Council such measures as he may deem
necessary or expedient;
(6) To prepare and submit to the Council such reports as may be required by that
body or as he may deem it advisable to submit;
(7) To keep the Council fully advcced of the financial condition of the City or town
and its future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
{9) To perform such other duties as the Council may determine by ordinance or
(resolution.
Section 1-04.
The Mayor shall appoint a City Administrator to assist in the general administration of
the City. The specific responsibilities of the City Administrator shall be determined by
the Mayor. Administrative departments shall be created and discontinued by the City
Council as the public business may demand. Pending further action by the City Council,
the administrative departments now in existence shall be continued. The rights, powers
and duties of the departments shall be prescribed, distributed, assigned, established or
discontinued by ordinance.
Section -1-1:
Section 9 herein, the decision of the Manager or other appointing officer shall be final
and there shall be no appeal therefrom.
Se 117
- - - . - - -- - - - '- -- •- • - •- - - - -- -
a requirement.
his subordinates. Except for the purpose of inquiry, the Council and its members shall
- - - - - •- - • -
and employees and City affairs.
Section 514.
Page 7 of 26
I
at such times as the Council shall determine.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
Page 8 of 26
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. 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
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
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 4-56.
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.
A general election shall be held on the second Tuesday in March, 1959, at which time
'the first council provided for herein shall be elected. A general election shall a4co be
to succeed those elected for one year terms at the election held on the second Tuesday
in March, 1959. After the election held the second Tuesday in March, 1960, all general
general elections herein mentioned for the second Tuesday in February, 1959, and the
second Tuesday in March, 1959, respectively. The terms of Councilmen elected to
-
(their election.
As amended by vote of the people November 4, 1958. Effective date December 11,
1058.
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
I Com sionCouncil.
(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
I City Commiscion 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.
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
I municipal election; or, the City Commiccion 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 Commi°cion 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 CommiccionerCouncil, 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
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 Ceouncil 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,
L attested by the City Clerk and recorded in a book kept for that purpose.
As amcndcd by vote of the people November 7, 1972.
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.
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, - .. •_ _ _ _ _ - _ _ _ - _ - - _ - - - • _ - - _ _ - -
1 -- - --- - e- - e e •- - - -•: - ---- • - --- -
that purpose. Tthe number and title of each ordinance passed by the City
Co issionCouncil, with certificate as herein provided, 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 Commission Council of
Ithe City of Yakima, Washington, on the day of 204-9 , 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."
Seaton-4:
branch of the state or federal government. A membcr of the City Commis ion ceasing to
;prima facie evidence of forfeiture as above provided.
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 therzrtcrefrom.
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 $2999a 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
I 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.
- - - ■ _ z, .-.
Section 67.
In addition to the provisions of the general law the City CommiGcion 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 Commi scion 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
I be taken and apportioned by the City Commiss 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.
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.All City funds shall be administered by the City
capacity only.
Section 6.
The City Commission 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 Commission
Council shall have full charge of the budgets for such purposes and shall by ordinance
regulate the organization and duties of such boards, and may provide that any monies
acquired by donation, bequest or from leases or concessions, fines, or penalties shall
be used in addition to the amount set aside in the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
Section 1.
The City Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
Section 2.
The City Commie 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 Commi scion 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
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 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.
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.
Page 16 of 26
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
I 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
I prescribed by the City Commi scion 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
I alienated without the express consent of the City Commi scion 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.
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- semebecome 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 Commix „ion 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
I Washington. In addition thereto the City Commiscion 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 Commi:cion Council shall be required to
;call such election. At the said special election the City Commi: cion Council may submit
jother 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
I Commicion 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
Icharacter, shall vest in and be owned by the corporation created by this charter.
Section 2.
All ordinances and resolutions in force at the time this charter shall go into effect and
not inconsistent herewith, shall remain in force until amended or repealed or until they
;expire by limitation. All rights and obligations in favor of or against the City existing at
the time this charter shall go into effect shall continue without modification. All street and
;other improvements, all vacations of public streets, alleys or places, all assessments for
improvements, all suits and actions in court, all fines, penalties and forfeitures and all
pother 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
1
Section 3.
At the election to be held for the purpose of adopting or rejecting this charter, articles
numbered Ito XIV, inclusive, shall be submitted upon the ballot as a complete charter
and shall be included in the vote "For the Charter" and "Against the Charter," and in
event that a majority of all votes cast thereon, shall be "For the Charter" said charter
shall be adopted.
ARTICLE XV
City Emergency Hospital
1 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
I !County of Yakima, or separately; and the City Commission 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.
(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.
Page 19 of 26
(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
Iproper 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
lemployee 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,
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.
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
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
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.
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
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.
Section 8.
For the benefit of the public service and to prevent delay, injury, or interruption therein
lby reason of the enactment hereof, all persons holding a position which is deemed
I 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 wiffuiwillful failure on the
part of the employee to properly conduct himself; or any wilwillful 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;
1 (d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming
drug, liquid, or preparation to such extent that the use thereof interferes with the
efficiency or mental or physical fitness of the employee or which precludes the
employee from properly performing the function and duties of any position under civil
service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service
commission is sufficient to show the offender to be an unsuitable and unfit person to be
employed in the public service.
Section 10.
No person in the classified civil service who has been permanently appointed or
inducted into civil service under provisions of this Article, shall be removed, suspended,
or demoted except for cause, and only upon written accusation of the appointing power
or any citizen or taxpayer; a written statement of which accusation, in general terms,
shall be served upon the accused; and a duplicate filed with the commission. Any
person so removed, suspended, or demoted may within ten days from the time of his
removal, suspension, or demotion, file with the commission a written demand for an
investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the question of whether the
removal, suspension, or demotion was made in good faith for cause. After such
investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith for cause, shall order the
immediate reinstatement or reemployment of such person in the office, place, position,
or employment from which he was removed, suspended, or demoted, which
reinstatement shall, if the commission so provides be retroactive, and entitle such
person to pay or compensation from the time of the removal, suspension, or demotion.
The commission upon such investigation in lieu of affirming a removal, may modify the
order by directing a suspension without pay, for a given period, and subsequent
Page 23 of 26
,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
I is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding that a certified transcript
of the record and of all papers on file in the office of the commission affecting or relating
to its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court.
The court shall thereupon proceed to hear and determine the appeal in a summary
manner. Such hearing shall be confined to the determination of whether the order of
(removal, suspension, or demotion made by the commission, was or was not made in
good faith for cause, and no appeal shall be taken except upon such ground or grounds.
The decision of the superior court may be appealed to the supreme court.
Section 11.
Whenever a position in the classified service becomes vacant, the appointing power,
if it desires to fill the vacancy, shall requisition the commission for the names and
addresses of persons eligible for appointment thereto. The commission shall certify the
names of three persons highest on the eligible list for the class to which the vacant
position has been allocated, who are willing to accept employment. In case of more than
one vacancy in a particular class one additional name shall be certified for each
additional vacancy. If there is no appropriate eligible list for the class, the commission
shall certify the name of three persons standing highest on the list held appropriate for
isuch 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
ithe 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
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
isuch salary, wage, or other compensation, containing the names of the persons to be
'paid, the amount to be paid, and any other information which, in the judgment of the civil
service commission, should be furnished on such payroll, bears the certificate of the
(civil service commission, or of its chief examiner or other duly authorized agent, that the
(persons named therein have been appointed or employed in compliance with the terms
of this Article and the rules of the commission, and that the payroll, estimate, or account
is, insofar as known to the commission, a true and accurate statement. The commission
shall refuse to certify the pay of any public officer or employee whom it finds to be
illegally or improperly appointed, and may further refuse to certify the pay of any public
,officer or employee who willfully or through culpable negligence, violates or fails
to comply with this Article or with the rules of the commission.
Section 14.
The commission shall begin and conduct all civil suits which may be necessary for the
proper enforcement of this Article and rules of the commission.
The commission shall be represented in such suits by the city attorney.
Section 15.
The right of any person to an appointment or promotion or to any position in classified
service of the City shall not be withheld because of his race, color, religion, national
origin, political affiliation or belief, nor shall any person be dismissed, demoted,
'transferred or reduced in grade for such reason.
Section 16.
No public officer, whether elected or appointed, shall discharge, promote, demote, or
in any manner change the official rank, employment, or compensation of any person
under civil service or promise or threaten so to do for giving or withholding, or neglecting
to make any contribution of money, or services, or any other valuable thing, for any
political purpose.
Section 17.
All officers and employees of the City shall aid in all proper ways in carrying out the
provisions of this Article, and such rules and regulations as may, from time to time, be
prescribed by the commission and afford the commission, its members, and employees,
all reasonable facilities and assistance in the inspection of books, papers, documents,
and accounts applying or in any way appertaining to any and all offices, places,
positions, and employments, subject to civil service, and also shall produce such books,
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.
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