HomeMy WebLinkAboutR-2011-051 City Charter Amendment for August 16, 2011 Municipal ElectionRESOLUTION NO. R-2011-51
A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima a Proposition on
whether Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, and
XVI of the Charter of the City of Yakima should be amended to make
corrective amendments throughout, conforming to state law provisions
regarding elections and compensation of elected officials, initiative and
referendum, purchase of supplies, material, equipment and services,
limitation of taxation, appointment of advisory boards, claims for
damages, granting of franchises; repeal of Article XV pertaining to City
Emergency Hospital; approving ballot title; making ancillary and
corrective amendments throughout the Charter; and requesting the
Yakima County Auditor to submit the Proposition to the voters on the
regular municipal election to be held August 16, 2011.
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 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 approval of a resolution requesting that a proposition be submitted to the
qualified voters in the City to decide whether the City should adopt an amended Charter,
with amendments to Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV and XVI,
conforming to state law provisions regarding elections and compensation of elected
officials, initiative and referendum, purchase of supplies, material, equipment and services,
limitation of taxation, appointment of advisory boards, claims for damages, granting of
franchises; repeal of Article XV pertaining to City Emergency Hospital; making ancillary and
corrective amendments throughout the Charter; and
WHEREAS, the City Council further finds and determines that such amendment
should include the repeal of Charter Article XV which provides:
ARTICLE XV
City Emergency Hospital
The City shall have the power and authority to provide for the establishment,
maintenance and operation of an emergency hospital, either in conjunction with the
County of Yakima, or separately; and the City Commission 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;
which Article is superfluous to the needs, uses and purposes of the City of Yakima; and
WHEREAS, the City Council desires to hold an election in the City of Yakima on the
regular municipal primary election date of August 16, 2011, for the purpose of submitting to
the qualified voters of the City the proposition of whether the City of Yakima should
approve the amended Charter as described above, all as set forth in the proposed
amended Charter attached hereto as Exhibit "A;" and
1
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 approve the amended
Charter as set forth herein, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the August 16 regular municipal primary
election shall be in the form of a ballot title as follows:
PROPOSITION NO. 2
ADOPTION OF AN AMENDED CHARTER OF THE CITY OF YAKIMA
PROPOSITION NO. 2 concerns an amendment of the City of Yakima
Charter. This measure amends Charter Articles I, II, III, IV, VI, VII, VIII, IX,
X, XI, XII, XIII, XIV, and XVI, conforming to state law provisions regarding
elections and compensation of elected officials, initiative and referendum,
purchase of supplies, material, equipment and services, limitation of
taxation, appointment of advisory boards, claims for damages, granting of
franchises; repeal of Article XV pertaining to City Emergency Hospital;
making ancillary and corrective amendments throughout the Charter.
Should this proposition be approved?
YES F ]
NO . U
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 an election to be
held in the City of Yakima on the regular municipal primary election day of
August 16, 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 19th day April, 2011.
ATTEST:
APP' • ED AS TO FORM:
Jeff t r City Attorney
2
Micah Cawley, IjGlayor
ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now
established, or as hereafter established, shall continue to be the body politic and
corporate by name of City of Yakima, and under that name shall have perpetual
succession; shall use a corporate seal; may sue and be sued; may acquire property
within or without its boundaries for municipal purposes by purchase, gift, devise, lease,
or condemnation, and may sell, lease, hold, manage and control such property as its
interests may require, except that property purchased for park purposes shall be within
the city limits; and except as prohibited by the constitution of the State of Washington,
or restricted by this charter, the City of Yakima shall have all municipal powers,
functions, rights, privileges and immunities of every name and nature whatsoever
pertaining to cities of the first class within the State of Washington.
SECTION 2. The enumeration of particular powers by this charter shall not be held or
deemed to be exclusive, but in addition to the powers enumerated herein, implied
hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may
exercise, all powers which under the constitution and laws of the State of Washington it
would be lawful for said charter specifically to enumerate. All powers of the City,
whether express or implied, shall be exercised in the manner prescribed by this charter,
or if not prescribed herein, then in the manner provided by law, ordinance or resolution
of the City Council.
ARTICLE II
Officers -- Council -Manager Form of Government
SECTION 1. A. The elective officers of the City of Yakima shall consist of seven Council
members, who shall be residents of the City, who shall constitute the Council, and one
of whom shall be the Mayor chosen as provided by SECTION 3 of this Article II. One
Council member shall be elected from each of four separate districts of the City, and
three Council members shall be elected from the City at large without regard to
residence in any particular area of the City, by the qualified electors of the City, all at the
times and in the manner hereinafter provided. The Council members so elected shall
constitute the governing body of the City.
B. (1) The City shall be divided by ordinance of the City Council into four districts as
nearly equal in population as practicable. 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 (1) 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 (1) of this SECTION.
C. (1) Not Tess than ten days before the time for filing declarations of candidacy for the
City Council for the election to be held in the year 1979, the City Clerk shall designate
by consecutive numbers, commencing with the number one and ending with the number
four, the positions on the Council to be filled by candidates nominated from districts, and
such designations shall be thereafter permanently considered as separate offices for
election purposes as "district positions" according to their permanently designated
number. 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.
(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 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 any Council member elected or appointed to an "at large position"
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 that Council member shall forfeit the office of Council member and the position
held by that member shall be deemed to be vacant. In the event a vacancy occurs for
any reason 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 (1) of this SECTION.
E. Provision for the time and manner of election of Council members, and the conduct
of such biennial elections shall be governed by general state laws, by this charter, and
by applicable ordinances of the City as they may be enacted from time to time.
SECTION 2. The Council shall constitute the legislative branch and authority of the City
government and shall have power to adopt rules of order and regulations for the
conduct of its business.
SECTION 3. The Council shall choose its own chairman at its first meeting and at the
first meeting after the subsequent biennial elections. The chairman shall have the title of
Mayor during the biennium for which chosen. The Mayor shall preside at all meetings of
the Council and shall also have the powers and perform the duties conferred and
imposed by this charter and the ordinances of the City. The Mayor shall be recognized
as the head of the City for all ceremonial purposes and by the Governor for purposes of
military law. The Mayor shall have no regular administrative duties but in time of public
danger or emergency shall, if so authorized and directed by a majority vote of the
Council, take command of the police, maintain order and enforce the law. The Mayor
shall also have the rights, privileges and immunities of a member of the Council with the
right to vote as another member thereof. If a vacancy occurs in the office of Mayor, or in
case of the Mayor's absence or disability, a Mayor pro tem shall be elected by the
Council from its members to act as Mayor for the unexpired term or during the
continuance of the absence or disability.
SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be
vested in the Council. The Mayor and each member of the Council shall receive
compensation as established by Ordinance. Members of the Council shall be qualified
electors of the City and any member ceasing to possess any of the qualifications
specified in general law or in this charter or convicted of crime involving moral turpitude
while in office shall immediately forfeit his office.
SECTION 5. The Council shall meet at the times and places fixed by ordinance, but
must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon request of the Mayor or any two members. Requests for
special meetings shall state the subjects to be considered and no other subject shall be
considered at a special meeting except by consent of all members of the Council. All
meetings of the Council and of committees thereof shall be open to the public, and the
rules of the council shall provide that citizens of the City shall have a reasonable
opportunity to be heard at any meetings in regard to any matter being considered
thereat.
SECTION 6. The Council shall choose such employees of its own body, as it may deem
necessary. Employees of the Council shall not be chosen for a definite term but shall
continue to serve during the pleasure of the Council.
SECTION 7. The Council shall appoint an officer whose title shall be City Manager and
who shall be the chief executive officer and the head of the administrative branch of the
City government. The City Manager shall be chosen upon the basis of character and
ability with special reference to actual experience in, or knowledge of, accepted practice
in respect to the duties of the office as hereinafter outlined. Choice shall not be limited
by any residence or political qualification. No person elected to membership on the
Council shall, subsequent to such election, be eligible for appointment as City Manager
until one year has elapsed following the expiration of the term for which elected. Before
entering upon the duties of the office, such City Manager shall take the official oath for
the support of the National and State Governments and the faithful performance of
duties, and shall execute a bond in favor of the City in such sum as may be fixed by the
Council.
SECTION 8. The City Manager shall be appointed for an indefinite term and may be
removed by a majority vote of the Council. At least thirty days before the effective date
of removal, the City Manager must be furnished with a formal statement in the form of a
resolution passed by a majority vote of the City Council stating the Council's intention to
remove the City Manager and the reasons therefor. Upon passage of the resolution
stating the Council's intention to remove the City Manager, the Council may by a similar
vote suspend the City Manager from duty, but compensation shall continue until the
removal becomes effective. The City Manager may, within thirty days from the date of
service upon the City Manager of a copy thereof, reply in writing to the resolution of
intent for removal. In the event no reply is timely filed, the resolution shall upon the
thirty-first day from the date of such service constitute the final resolution removing the
City Manager, and the City Manager's services shall terminate upon that day. If a reply
shall be timely filed with its Clerk, the Council shall fix a time for a public hearing upon
the question of the City Manager's removal and a final resolution removing the City
Manager shall not be adopted until a public hearing has been held. The action of the
Council in removing the City Manager shall be final. In case of the absence or disability
of the City Manager, the Council may designate some qualified person to perform the
duties of the office during such absence or disability.
SECTION 9. The powers and duties of the City Manager shall be: (1) To have general
supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers and employees of
the City, except members of the Council, but the appointment and removal of 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: provided, that the
Council may cause an audit to be made of any department or office of the City
government and may select the persons to make it, without the advice or consent of the
City Manager;
(3) To attend all meetings of the Council at which his attendance may be required by
that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority
which the Council may grant the Mayor to maintain law and order in times of
emergency;
(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 advised of the financial condition of the City or town and its
future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
(9) To perform such other duties as the Council may determine by ordinance or
resolution.
SECTION 10. Administrative departments shall be created by the City Council as the
public business may demand. Pending further action by the City Council, the
administrative departments now in existence shall be continued. The rights, powers and
duties of the departments shall be prescribed, distributed, assigned, established or
discontinued by ordinance.
SECTION 11. The City Manager may authorize the head of the department or office
responsible to the City Manager to appoint and remove subordinates in such
department or office. Any officer or employee who may be appointed by the City
Manager or by the head of a department or office, except one who holds a position
subject to Civil Service, may be removed by the City Manager or other such appointing
officer at any time. Subject to the provisions of SECTION 9 herein, the decision of the
City Manager or other appointing officer shall be final and there shall be no opportunity
for administrative appeal.
SECTION 12. Appointments made by or under the authority of the City Manager shall
be on the basis of executive and administrative ability and of the training and
experience of the appointees in the work, which they are to perform. Residence within
the City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members shall direct or
request the appointment of any person to, or removal from, office by the City Manager
or any of the City Manager's subordinates. Except for the purpose of inquiry, the
Council and its members shall deal with the administrative service solely through the
City Manager and neither the Council nor any committee or member thereof shall give
orders to any subordinate of the City Manager, either publicly or privately: Provided,
however, that nothing herein shall be construed to prohibit the Council, while in open
session, from fully and freely discussing with the City Manager anything pertaining to
appointments and removals of City officers and employees and City affairs.
SECTION 14. The City Manager and other officers, assistants and employees, shall
receive such salary or compensation as the Council shall fix by ordinance and it shall be
payable at such times as the Council shall determine.
SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit
system of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and method of
holding and calling municipal elections, both general and special, shall be according to
State law. All municipal elections shall be non-partisan and by the qualified electors of
the City.
ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation herein
before provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied by the
proposed legislation in the form of a proposed ordinance and requesting that such
ordinance be submitted to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number
of votes cast at the last general City election and the number of signers of such petition,
and shall present such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum
of the total number of votes cast at the last preceding general city election, the City
Council, within twenty days after receipt thereof, except as otherwise provided in this
Charter, shall either pass such ordinance without alteration, or refer it to a popular vote
at a special election which must be held at the first available opportunity in accord with
the provisions of State law for special municipal elections: Provided, however, that if any
other municipal election is to be held more than thirty days but within ninety days after
the filing of the petition, said proposed ordinance shall be submitted without alteration to
be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed
by qualified electors equal in number to ten per centum of the entire vote cast at the last
preceding general city election shall be filed with the City Clerk, protesting against the
enactment of such ordinance, it shall be suspended from taking effect. Immediately
upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a)
and (b) of this article. Thereupon the City Council shall immediately reconsider such
ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at
the next municipal election; or, the City Council may call a special election for that
purposein accord with the provisions of State law for special municipal elections; and
such ordinance shall not take effect, unless a majority of the qualified electors voting
thereon at such election shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or rejection at
any election any proposed ordinance in the same manner and effect as provided in this
article for submission on petition.
SECTION 5. There shall not be held under this article more than one special election in
any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for carrying
out the provisions of this article not inconsistent herewith.
ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed thereto,
may be removed from such office by recall proceedings as provided by the laws of the
State of Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city
office or employment within two years after such removal or resignation.
ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1. At all meetings of the City Council every resolution and ordinance shall be
in writing and read aloud by title before a vote is taken thereon; provided, at the request
of a majority of Council members present, a resolution and ordinance shall be read
aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and nays
shall be called and recorded. All ordinances, except ordinances making appropriations
or codifying or rearranging existing ordinances, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appropriations shall be
confined to the subject of appropriations. The enacting clause of all ordinances shall be,
"Be it ordained by the City of Yakima."
SECTION 2. Ordinances making the annual tax levy or relating to local improvements or
assessments therefore, or making appropriations, emergency ordinances, or ordinances
adopted by vote of the electors shall take effect at the time indicated therein; all other
ordinances shall take effect 30 days after the date of the publication thereof as herein
provided. An emergency ordinance is one to provide for the immediate preservation of
the public peace, property, health or safety. The unanimous vote of the Council shall be
necessary for the passage of an emergency ordinance. No measure making or
amending a grant, renewal or extension of a franchise or other special privilege shall
ever be passed as an emergency measure.
SECTION 3. Upon its final passage, each ordinance or resolution shall be authenticated
by the signature of the Mayor and attested by the City Clerk and recorded in a book
kept for that purpose. The number and title of each ordinance passed by the City
Council, with certificate as herein provided, attached thereto shall be published once in
the official newspaper of the city. Said certificate shall be signed by the City Clerk and
shall be in substantially the following form: "Ordinance No. bearing above title,
was duly and regularly passed by the City Council of the City of Yakima, Washington,
on the day of 20 , and is now on file with the undersigned at
the office of the City Clerk, where the same is open to the public inspection. Dated . City
Clerk."
SECTION 4. Members of the City Council shall be qualified electors of the City, and
shall not hold any other public office except that of Notary Public or member of the
military branch of the state or federal government. A member of the City Council
ceasing to possess any of the qualifications specified in this SECTION, or who may be
convicted of a crime involving moral turpitude while in office shall immediately forfeit his
office. A certified copy of the judgment of conviction filed in the office of the City Clerk
shall be prima facie evidence of forfeiture as above provided.
SECTION 5. No elective official, officer or employee of the City shall solicit or receive
any pay, commission, money or thing of value, or derive any benefit, profit or
advantage, directly or indirectly from or by reason of any improvement, alteration or
repair, or purchase of materials required by the City, or any contract to which the City
shall be a party, except his lawful compensation or salary as such officer or employee.
A violation of any of the provisions of this SECTION shall disqualify the offender to
continue in office or employment and he shall be forthwith removed.
SECTION 6. Any purchase of supplies, material, equipment or services, except for
public work or improvement, where the cost thereof exceeds a specific sum to be set by
ordinance within the limits established by State law shall be made upon call for bids in
the same method and under the same conditions as required herein on a call for bids
for public work or improvement. This monetary limit for the purchase of supplies,
material, equipment and services may be increased from time to time, but no more often
than one time in any twenty-four month period, by ordinance enacted by the vote of no
Tess than a two-thirds majority of the City Council members, up to, but in no case to
exceed any amount allowed by State law. In the event of an emergency declared by
resolution of the City Council, any purchase of supplies, material, equipment or service
may be made without calling for bids.
SECTION 7. In addition to the provisions of the general law the City Council may by
ordinance create and establish special funds into which all monies received for a special
or specific purpose may be placed: Provided, however, that such fund or funds shall be
other than those deriving revenue from taxation.
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of January and
end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and collect
taxes upon all the real and personal property (not exempt from taxation) within the City
for the corporate uses and purposes thereof and provide for the payment of the debts
and expenses of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall
be taken and apportioned by the City Council from the current expense fund which for
any one year shall not exceed the statutory limits established by State law on each
dollar of assessed valuation of the property within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore
or hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter is required
by general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. AH City funds shall be administered by the City Council; and boards or
committees selected by the City Council to assist in the management of any municipal
activities, if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any corporation,
person or society not expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1. The City Council may appoint advisory boards, committees and
commissions as may be deemed helpful and necessary to the City Council to assist in
administering the City's operation and programs, including but not limited to parks,
playgrounds and city planning. The City Council shall have full charge of the budgets for
such purposes and shall by ordinance regulate the organization and duties of such
boards, and may provide that any monies acquired by donation, bequest or from leases
or concessions, fines, or penalties shall be used in addition to the amount set aside in
the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the
financing and repair, replacement, rehabilitation or extension of any public utility owned
and operated by the City, provided, however, that such financing shall be arranged
upon the credit of the utility itself and not upon the issuance of general obligation bonds
of the City.
ARTICLE X
Claims
SECTION 1. Claims for damages and the filing of such claims against the City, its
officers, employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges, or
public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a provision
that the City may acquire the public utility for the exercise of which the franchise is
granted, either by agreement or by condemnation, and that upon such purchase by the
City, either by agreement or condemnation, no value of the franchise itself shall be
taken into account in fixing the price to be paid by the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than twenty-five
years.
SECTION 5. No franchise shall be renewed or extended earlier than three years prior to
its expiration.
SECTION 6. No franchise shall be granted without provision for proper compensation to
the City. Such compensation shall when feasible be a percentage upon the gross
earnings of the person or corporation to whom such franchise is granted arising from
the exercise of such franchise. When the determination of the gross earnings by the
exercise of the franchise is not feasible the ordinance granting said franchise shall
prescribe such other mode of determining the compensation to be paid the City by the
grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall submit
to the City Council within sixty days after the first day of January of each year, an
annual report verified by the oath of such person or the president, treasurer or general
manager of such corporation, which shall contain such detailed information as may be
prescribed by the City Council to enable it to determine the amount of compensation to
be paid to the City for the use of said franchise during the preceding year. Any such
person, persons, or corporations which shall refuse or fail to make any such report
within the time specified shall be liable to a penalty established in accord with State law,
ordinance and specific franchise agreements for each and every day during which he or
it shall fail to file such report, such penalty to be sued for and recovered by the City in
any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or
otherwise alienated without the express consent of the City Council by ordinance
passed for that purpose, and no rule of estoppel shall ever be invoked against the City
in case it shall assert the invalidity of any attempted transfer in violation of this
SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban railroad
or bus line shall provide that all United States mail carriers, city officials, policemen and
firemen shall at all time while in the actual discharge of their duties be allowed to ride
upon such cars or buses under said franchise without paying therefore, and with all
rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as granted by
any ordinance except when expressed therein in plain and unambiguous terms, and if
any ambiguity appears therein it shall be construed in favor of the city and against the
claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way,
subject, as to the amount and manner of incurring indebtedness, to the provisions and
limitations of the constitution and laws of the state and this charter; and subject to the
same provisions and limitations, the City may issue bonds to secure any existing or
contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by ordinance
may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of the
State of Washington. Special elections for amending this charter may be called by the
City Council or shall be called upon petition of qualified voters of the City of a number
not Tess than fifteen percent of the total number of votes cast at the last preceding
general state election, and otherwise as set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the former
corporation in and to any and all property, real or personal, of whatever kind of
character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go into
effect and not inconsistent herewith, shall remain in force until amended or repealed or
until they expire by limitation. All rights and obligations in favor of or against the City
existing at the time this charter shall go into effect shall continue without modification.
All street and other improvements, all vacations of public streets, alleys or places, all
assessments for improvements, all suits and actions in court, all fines, penalties and
forfeitures and all other matters relating to the City that may have been begun and not
completed, shall be completed according to the law and ordinances existing prior to the
time this charter shall go into effect, and all taxes and assessments levied and
remaining unpaid when this charter shall go into effect shall be collected as provided by
the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered I to XIV, inclusive, shall be submitted upon the
ballot as a complete charter and shall be included in the vote "For the Charter" and
"Against the Charter," and in the event that a majority of all votes cast thereon, shall be
"For the Charter" said charter shall be adopted.
ARTICLE XV
Civil Service
SECTION 1. The general purpose of this charter amendment is to establish for the City
of Yakima a system of personnel administration based on merit principles and
governing the appointment, promotion, transfer, layoff, removal, discipline and welfare
of its employees, and other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed as
follows:
(a) "Commission" means the civil service commission herein created, and
"Commissioner" means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city civil
service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person
to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those persons
listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be composed
of three persons. The commission members shall be appointed by the City Council in
the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three
names submitted to the Council chosen by a referendum of city employees, excluding
police and firemen. The City Clerk shall conduct the referendum and shall formulate
proper rules and regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted
to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be
appointed for different times, as follows:
The appointee from the employee referendum list shall serve for a period of six years,
the appointee at large as designated in subsection (a) above to serve for a period of
four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed
from office for incompetence, incompatibility, or dereliction of duty, or malfeasance of
office, or other good cause; provided, that no member of the commission shall be
removed until charges have been preferred, in writing, due notice, and a full hearing
held before the City Council. Any vacancy in the commission shall be filled in the same
manner as provided for selecting the commissioner previously filling the vacancy. Two
members of the commission shall constitute a quorum and the votes of any two
members concurring shall be sufficient for the decision of all matters and the transaction
of all business to be decided by the commission. No member of the civil service
commission shall engage in active partisan or non-partisan politics and hold any
salaried public office or engage in city employment, other than his commission duties.
The members of the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by electing
one of its members chairman and shall hold regular meetings at least once a month,
and such additional meetings as may be required for the proper discharge of its duties.
All meetings of the commission shall be open to the public. It shall appoint a chief
examiner who shall also serve as secretary of the commission and such assistants as
may be necessary. The chief examiner shall keep the records for the commission,
preserve all reports made to it, superintend and keep a record of all examinations held
under its direction and perform such other duties as the commission may prescribe. The
chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or
promotional and limited to persons already in the service of the City of Yakima,
Washington. The chief examiner shall be subject to suspension, reduction, or discharge
in the same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job descriptions
providing equal pay for equal work shall be devised by the chief examiner with the
cooperation and approval of the civil service commission which shall be submitted in
ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof.
Such rules and regulations shall provide in detail the manner in which examinations
may be held, and appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be
considered desirable to further carry out the general purposes of this Article, or which
may be found to be in the interest of good personnel administration. The rules and
regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be changed
from time to time. Prior to adoption of new rules or changes in existing rules all
interested parties shall be given an opportunity to express opinions concerning the
proposed rules at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine
the capacity of persons examined to perform duties of the position to which appointment
is to be made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and report upon all matters concerning the enforcement and
effect of the provisions of this Article, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employment
affected by this Article, and ascertain whether this Article and all such rules and
regulations are being obeyed. Such investigations may be made by the commission or
by any commissioner designated by the commission for that purpose. Not only must
these investigations be made by the commission as aforesaid, but the commission must
make like investigation on petition of any citizen, duly verified, stating that irregularities
or abuses exist, and setting forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission, or the chairman or
chief examiner when authorized by a majority vote of the commission, may issue
subpoenas to compel the attendance at such place as may be designated in this City of
witnesses and the production of books and papers pertinent to any inquiry or
investigation authorized by this Article; or may take depositions of witnesses.
Subpoenas shall also be used at the request of the parties to the proceedings other
than the commission and the chairman. The commission or any member thereof, or the
chief examiner, when authorized by the commission, may administer oaths and take
testimony. The commission or the chief examiner may examine such public records, as
they require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the
rules of practice and procedure adopted by the commission, and in the conduct thereof
neither the commission, nor designated commissioner shall be bound by technical rules
of evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any
order, decision, rule, or regulation made, or confirmed by the commission; provided, that
no order, decision, rule or regulation made by any designated commissioner conducting
any hearing or investigation alone shall be any force or effect whatsoever unless and
until concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions,
the rejection of an examinee, and such other matters as may be referred to the
commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a result
thereof establish eligible lists for the various classes of positions, and provide that
persons laid off because of curtailment of expenditures, reduction in force, and for like
causes, head the list in the order of their seniority, to the end that they shall be the first
to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing
authority, when a vacant position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. Any one of the three persons so
certified may be appointed. If there is no such list, to authorize a provisional or
temporary appointment list for such class. Such temporary provisional appointment(s)
shall not continue for longer than five months in any one fiscal year.
(h) To keep such records as may be necessary for the proper administration of this
Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be applicable
to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective
offices;
(b) Members of boards and commissions and the City Manager;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for
the City Manager;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City
Council or a committee thereof, or by authority of the City Manager.
SECTION 7. All appointments to and promotions to positions in the classified civil
service of the City of Yakima shall be made solely on merit, efficiency, and fitness,
which shall be ascertained by open competitive examination and impartial investigation.
No person in the classified civil service shall be reinstated in or transferred, suspended,
or discharged from any such place, position, or employment, contrary to the provisions
of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position
which is deemed classified under SECTION 6 for a continuous period of six months
prior to the effective dates of this Article, and still currently employed, are eligible for
permanent appoint-ment under civil service to the offices, places, positions or
employment which they then held without examination or other act on their part, and not
on probation; and every such person is automatically adopted and inducted
permanently into civil service, into the office, place, position or employment which he
then held as completely and effectual to all intents and purposes as if such person had
been permanently appointed thereto under civil service after examination and
investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior, and
any such person may be removed or discharged, suspended without pay, demoted or
reduced in rank, for any of the following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous
treatment of the public, or a fellow employee, or any other act of omission or
commission tending to injure the public service; or any other willful failure on the part of
the employee to properly conduct himself; or any willful violation of the provisions of this
Article or of the rules and regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming
drug, liquid, or preparation to such extent that the use thereof interferes with the
efficiency or mental or physical fitness of the employee or which precludes the
employee from properly performing the function and duties of any position under civil
service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in
the public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the
appointing power or any citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused; and a duplicate filed with the
commission. Any person so removed, suspended, or demoted may within ten days from
the time of his removal, suspension, or demotion, file with the commission a written
demand for an investigation, whereupon the commission shall conduct such
investigation. The investigation shall be confined to the determination of the question of
whether the removal, suspension, or demotion was made in good faith for cause. After
such investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith or cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which reinstatement
shall, if the commission so provides be retroactive, and entitle such person to pay or
compensation from the time of the removal, suspension, or demotion. The commission
upon such investigation in lieu of affirming a removal, may modify the order by directing
a suspension without pay, for a given period, and subsequent restoration to duty, or
demotion in classification, grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be forthwith enforced by such
officer. All investigations made by the commission pursuant to this SECTION shall be by
public hearing, after reasonable notice to the accused of the time and place thereof, at
which hearing the accused shall be afforded an opportunity of appearing in person and
by counsel, and presenting his defense. The subpoena provisions of SECTION 5 of this
Article shall apply to all such hearings. If the order of removal, suspension, or demotion
is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice appeal, stating the grounds thereof, and demanding that a certified transcript of
the record and of all papers on file in the office of the commission affecting or relating to
its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court.
The court shall thereupon proceed to hear and determine the appeal in a summary
manner. Such hearing shall be confined to the determination of whether the order of
removal, suspension, or demotion made by the commission, was or was not made in
good faith for cause, and no appeal shall be taken except upon such ground or grounds.
The decision of the superior court may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the
names and addresses of persons eligible for appointment thereto. The commission shall
certify the names of three persons highest on the eligible list for the class to which the
vacant position has been allocated, who are willing to accept employment. In case of
more than one vacancy in a particular class one additional name shall be certified for
each additional vacancy. If there is no appropriate eligible list for the class, the
commission shall certify the name of three persons standing highest on the list held
appropriate for such class. The appointing power shall forthwith make is appointment to
the vacant position from the list of person so certified. To enable the appointing power
to exercise a choice in the filling of positions, no appointment, employment, or
promotion in any position in the classified service shall be deemed complete until after
the expiration of a period of six months' probationary service, as may be provided in the
rules of the civil service commission, during which the appointing power may terminate
the employment of the person certified to him, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing
power deems him unfit or unsatisfactory for employment by the City of Yakima.
Thereupon the appointing power shall select from the three persons certified as
standing next highest on any such list and such person shall likewise enter upon said
duties for the probationary period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the appointment, employment, or
promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employment coming within the purview
of this Article shall be filled by the appointing power; nothing herein contained shall
infringe upon the authority that the City Council may have to fix the salaries and
compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this
Article shall approve the payment of or be in any manner concerned in paying, auditing,
or approving any salary, wage, or other compensation for services, to any person
subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or account
for such salary, wage, or other compensation, containing the names of the persons to
be paid, the amount to be paid, and any other information which, in the judgment of the
civil service commission, should be furnished on such payroll, bears the certificate of
the civil service commission, or of its chief examiner or other duly authorized agent, that
the persons named therein have been appointed or employed in compliance with the
terms of this Article and the rules of the commission, and that the payroll, estimate, or
account is, insofar as known to the commission, a true and accurate statement. The
commission shall refuse to certify the pay of any public officer or employee whom it
finds to be illegally or improperly appointed, and may further refuse to certify the pay of
any public officer or employee who willfully or through culpable negligence, violates or
fails to comply with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission. The
commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any position
in classified service of the City shall not be withheld because of his race, color, religion,
national origin, political affiliation or belief, nor shall any person be dismissed, demoted,
transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any
person under civil service or promise or threaten so to do for giving or withholding, or
neglecting to make any contribution of money, or services, or any other valuable thing,
for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may, from
time to time, be prescribed by the commission and afford the commission, its members,
and employees, all reasonable facilities and assistance in the inspection of books,
papers, documents, and accounts applying or in any way appertaining to any and all
offices, places, positions, and employment, subject to civil service, and also shall
produce such books, papers, documents, and accounts, and attend and testify,
whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a
sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the
current expense fund on the first day of January following the close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday in
June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be
held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase
of this Article.
As adopted by vote of the people March 10, 1959. Effective date June 1, 1959.
ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now
established, or as hereafter established, shall continue to be the body politic and
corporate by name of City of Yakima, and under that name shall have perpetual
succession; shall use a corporate seal; may sue and be sued; may acquire property
within or without its boundaries for municipal purposes by purchase, gift, devise,
lease, or condemnation, and may sell, lease, hold, manage and control such
property as its interests may require, except that property purchased for park
purposes shall be within the city limits; and except as prohibited by the constitution
of the State of Washington, or restricted by this charter, the City of Yakima shall
have all municipal powers, functions, rights, privileges and immunities of every
name and nature whatsoever pertaining to cities of the first class within the State of
Washington.
SECTION 2. The enumeration of particular powers by this charter shall not be held
or deemed to be exclusive, but in addition to the powers enumerated herein,
implied hereby or appropriate to the exercise thereof, the City of Yakima shall have,
and may exercise, all powers which under the constitution and laws of the State of
Washington it would be lawful for said charter specifically to enumerate. All powers
of the cCity, 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 GCouncilomm,ssior.
ARTICLE II
Officers -- Council -Manager Form of Government
SECTION 1. A. The elective officers of the City of Yakima shall consist of seven
Council members, who shall be residents of the City, who shall constitute the
Council, and one of whom shall be the Mayor chosen as provided by SECTION 3 of
this Article II. One Council member shall be elected from each of four separate
districts of the City, and three Council members shall be elected from the City at
large without regard to residence in any particular area of the City, by the qualified
electors of the City, all at the times and in the manner hereinafter provided. The
Council members so elected shall constitute the governing body of the City.
B. (1) The City shall be divided by ordinance of the City Council into four districts as
nearly equal in population as practicable
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
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"district positions" on the Council, as defined in Subsection C (12) 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 (12) 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
arca of the City.
(2) Not less than ten days before the time for filing declarations of candidacy for the
City Council for the election to be held in the year 1979, the City Clerk shall
designate by consecutive numbers, commencing with the number one and ending
with the number four, the positions on the Council to be filled by candidates
nominated from districts, and such designations shall be thereafter permanently
considered as separate offices for election purposes as "district positions"
according to their permanently designated number. At the municipal election to be
held in the year 1979, eight candidates shall be nominated from the four districts,
as follows: Candidates for "district positions" shall file their candidacy for
nomination by the electors of the district wherein each candidate, respectively,
resides. At the primary election, each qualified voter of each district may cast only
one vote for a candidate. The names of the two candidates from each district for
whom the largest number of votes are cast at the primary election shall appear on
the citywide general election ballot, and the one candidate from each district who
receives the highest number of votes, as cast by the citywide electorate at the
general election, shall thereby be declared as duly elected to each respective
"district position" as a member of the City Council.
(23) 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.
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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 any Council member elected or appointed to an "at large position"
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 that Council member shall thereby forfeit the office of
Council member and the position held by that member shall be deemed to be
vacant. In the event a vacancy occurs for any reason 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 (12) of this SECTION.
E. Provision for the time and manner of election of Council members, and the
conduct of such biennial elections shall be governed by general state laws, by this
charter, and by applicable ordinances of the City as they may be enacted from time
to time. As amended by vote of the people November 2, 1976.
SECTION 2. The Council shall constitute the legislative branchdepartment 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. The Council shall choose its own chairman at its first meeting and at
the first meeting after the subsequent biennial elections. The chairman shall have
the title of Mayor during the biennium for which he is chosen. The Mayor shall
preside at all meetings of the Council and shall also have the powers and perform
the duties conferred and imposed upon -him by this charter and the ordinances of
the City. HeThe Mayor shall be recognized as the head of the City for all ceremonial
purposes and by the Governor for purposes of military law. HeThe Mayor shall have
no regular administrative duties but in time of public danger or emergency shall, if
so authorized and directed by a majority vote of the Council, take command of the
police, maintain order and enforce the law. HeThe Mayor shall also have the rights,
privileges and immunities of a member of the Council with the right to vote as
another member thereof. If a vacancy occurs in the office of Mayor, or in case of
histhe Mayor's absence or disability, a Mayor pro tem shall be elected by the
Council from its members to act as Mayor for the unexpired term or during the
continuance of the absence or disability.
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SECTION 4. Except as otherwise provided in this charter, all powers of the City
shall be vested in the Council. The Mayor and Eeach member of the Council shall
receive compensation as established by Ordinancethe sum of $5.00 for each
Members of
the Council shall be qualified electors of the City and any member ceasing to
possess any of the qualifications specified in general law or in this charter or
convicted of crime involving moral turpitude while in office shall immediately forfeit
his office.
SECTION 5. The Council shall meet at the times and places fixed by ordinance, but
must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon request of the Mayor or any two members. Requests
for special meetings shall state the subjects to be considered and no other subject
shall be considered at a special meeting except by consent of all members of the
Council. All meetings of the Council and of committees thereof shall be open to the
public, and the rules of the council shall provide that citizens of the City shall have a
reasonable opportunity to be heard at any meetings in regard to any matter being
considered thereat.
SECTION 6. The Council shall choose such employees of its own body, as it may
deem necessary. Employees of the Council shall not be chosen for a definite term
but shall continue to serve during the pleasure of the Council.
SECTION 7. The Council shall appoint an officer whose title shall be City Manager
and who shall be the chief executive officer and the head of the administrative
branch of the City government. The City Manager shall be chosen upon the basis of
character and ability with special reference to hi -s --actual experience in, or #is
knowledge of, accepted practice in respect to the duties of thehs office as
hereinafter outlined. Choice shall not be limited by any residence or political
qualification. No person elected to membership on the Council shall, subsequent to
such election, be eligible for appointment as City Manager until one year has
elapsed following the expiration of the term for which he was elected. Before
entering upon the duties of thesis office, such City Manager shall take the official
oath for the support of the National and State Governments and the faithful
performance of ;i duties, and shall execute a bond in favor of the City in such sum
as may be fixed by the Council.
SECTION 8. The City Manager shall be appointed for an indefinite term and may
be removed by a majority vote of the Council. At least thirty days before the
effective date of his removal, the City Manager must be furnished with a formal
statement in the form of a resolution passed by a majority vote of the City Council
stating the Council's intention to remove the City Managerhicri and the reasons
therefor. Upon passage of the resolution stating the Council's intention to remove
6
the City Manager, the Council may by a similar vote suspend hirthe City Manager
from duty, but his paycompensation shall continue until hi -the removal becomes
effective. The City Manager may, within thirty days from the date of service upon
the City Managerh+m of a copy thereof, reply in writing to the resolution of intent for
removal _ _ - - _ _ . - - - _ - e _ . - - •• . In the event no reply is timely
filed, the resolution shall upon the thirty-first day from the date of such service
constitute the final resolution removing the City Manager, and the City Manager'ss
services shall terminate upon that day. If a reply shall be timely filed with its Clerk,
the Council shall fix a time for a public hearing upon the question of the City
Manager's removal and a final resolution removing the City Manager shall not be
adopted until a public hearing has been held. The action of the Council in
removing the City Manager shall be final. In case of the absence or disability of the
City Manager, the Council may designate some qualified person to perform the
duties of the office during such absence or disability.
SECTION 9. The powers and duties of the City Manager shall be: (1) To have
general supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers and
employees of the City, except members of the Council, but the appointment and
removal of 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: provided, that the Council may cause an audit to be made of any
department or office of the City government and may select the persons to make it,
without the advice or consent of the City Manager;
(3) To attend all meetings of the Council at which his attendance may be required
by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the
authority which the Council may grant the Mayor to maintain law and order in times
of emergency;
(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 advised of the financial condition of the City or town
and its future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
(9) To perform such other duties as the Council may determine by ordinance or
resolution.
SECTION 10. Administrative departments shall be created by the City Council as
the public business may demand. Pending further action by the City Council, the
administrative departments now in existence shall be continued. The rights, powers
and duties of the departments shall be prescribed, distributed, assigned,
established or discontinued by ordinance.
SECTION 11. The City Manager may authorize the head of the department or office
responsible to the City Managern4m to appoint and remove subordinates in such
7
department or office. Any officer or employee who may be appointed by the City
Manager or by the head of a department or office, except one who holds liisa
position subject to Civil Service, may be removed by the City Manager or other such
appointing officer at any time. Subject to the provisions of SECTION 9 herein, the
decision of the City Manager or other appointing officer shall be final and there shall
be no opportunity for administrative appeal then orn.
SECTION 12. Appointments made by or under the authority of the City Manager
shall be on the basis of executive and administrative ability and of the training and
experience of the appointees in the work, which they are to perform. Residence
within the City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members shall
direct or request the appointment of any person to, or '_ s- removal from, office by
the City Manager or any of the City Manager's subordinates. Except for the
purpose of inquiry, the Council and its members shall deal with the administrative
service solely through the City Manager and neither the Council nor any committee
or member thereof shall give orders to any subordinate of the City Manager, either
publicly or privately: Provided, however, that nothing herein shall be construed to
prohibit the Council, while in open session, from fully and freely discussing with the
City Manager anything pertaining to appointments and removals of City officers and
employees and City affairs.
SECTION 14. The City Manager and other officers, assistants and employees, shall
receive such salary or compensation as the Council shall fix by ordinance and it
shall be payable at such times as the Council shall determine.
SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit
system of the City of Yakima in existence at the effective date hereof.
1959.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and
method of holding and calling municipal elections, both general and special, shall
be according to State law. All municipal elections shall be non-partisan and by the
qualified electors of the City.
8
municipalities, or if same are not applicable in such manner as shall be provided by
rules for holding elections and arrangements therefor. The City Commission serving
respectively. The terms of councilmen elected to office on the second Tuesday in
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 herein
before provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied
by the proposed legislation in the form of a proposed ordinance and requesting that
such ordinance be submitted to a vote of the people shall be filed with the City
Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the
number of votes cast at the last general City election and the number of signers of
such petition, and shall present such certificate, petition and proposed ordinance to
the City Councilien.
(c) If such petition be signed by qualified electors in number equal to twenty per
centum of the total number of votes cast at the last preceding general city election,
the City Council,mmi&sion within twenty days after receipt thereof, except as
otherwise provided in this Charter, shall either pass such ordinance without
alteration, or refers -id -twilit it to a popular vote at a special election which must be
held at the first available opportunity in accord with the provisions of State law for
special municipal electionswithin 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 (a) and (b) of this article. Thereupon the City
Councils::., shall immediately reconsider such ordinance, and, if it does not
entirely repeal the same, shall submit it to popular vote at the next municipal
9
election; or, the City Councilremi-ssion may call a special election for that purposein
accord with the provisions of State law for special municipal elections; and such
ordinance shall not take effect, unless a majority of the qualified electors voting
thereon at such election shall vote in favor thereof.
SECTION 4. The City Councilmmission may submit to popular vote for adoption or
rejection at any election any proposed ordinance in the same manner and effect as
provided in this article for submission on petition.
SECTION 5. There shall not be held under this article more than one special
election in any period of six months.
SECTION 6. The City Councilmmission, by ordinance, shall make further
regulations for carrying out the provisions of this article not inconsistent herewith.
ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed
thereto, may be removed from such office by recall proceedings as provided by the
laws of the State of Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign
from such office pending recall proceedings against him shall not be eligible to hold
any city office or employment within two years after such removal or resignation.
ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1. At all meetings of the City Council every resolution and ordinance shall
be in writing and read aloud by title before a vote is taken thereon; provided, at the
request of a majority of :Council members present, a resolution and ordinance shall
be read aloud in its entirety before a vote is taken thereon. Upon every vote the
yeas and nays shall be called and recorded. All ordinances, except ordinances
making appropriations or codifying or rearranging existing ordinances, shall be
confined to one subject, which shall be clearly expressed in the title. Ordinances
making appropriations shall be confined to the subject of appropriations. The
enacting clause of all ordinances shall be, "Be it ordained by the City of Yakima."
As amended by vote of the people November 7, 1972.
SECTION 2. Ordinances making the annual tax levy or relating to local
improvements or assessments therefore, or making appropriations, emergency
ordinances, or ordinances adopted by vote of the electors shall take effect at the
time indicated therein; all other ordinances shall take effect 30 days after the date
of the publication thereof as herein provided. An emergency ordinance is one to
provide for the immediate preservation of the public peace, property, health or
safety. The unanimous vote of the Councilsemmissian shall be necessary for the
10
passage of an emergency ordinance. No measure making or amending a grant,
renewal or extension of a franchise or other special privilege shall ever be passed
as an emergency measure.
SECTION 3. Upon its final passage, each ordinance or resolution shall be
authenticated by the signature of the Mayor and attested by the City Clerk and
recorded in a book kept for that purpose. The number and title of each ordinance
passed by the City Council, with certificate as herein provided, attached
thereto shall be published once in the official newspaper of the city. Said certificate
shall be signed by the City Clerk and shall be in substantially the following form:
"Ordinance No. bearing above title, was duly and regularly passed by the
City Councilmen of the City of Yakima, Washington, on the day of
1920 , and is now on file with the undersigned at the office of the
City Clerk, where the same is open to the public inspection. Dated . City Clerk."
SECTION 4. Members of the City Council ,. -ss+, shall be qualified electors of the
City, and shall not hold any other public office except that of Notary Public or
member of the military branch of the state or federal government. A member of the
City Councils , = xsE r., ceasing to possess any of the qualifications specified in this
SECTION, or who may be convicted of a crime involving moral turpitude while in
office shall immediately forfeit his office. A certified copy of the judgment of
conviction filed in the office of the City Clerk shall be prima facie evidence of
forfeiture as above provided.
SECTION 5. No elective official, officer or employee of the City shall solicit or
receive any pay, commission, money or thing of value, or derive any benefit, profit
or advantage, directly or indirectly from or by reason of any improvement, alteration
or repair, or purchase of materials required by the City, or any contract to which the
City shall be a party, except his lawful compensation or salary as such officer or
employee. A violation of any of the provisions of this SECTION shall disqualify the
offender to continue in office or employment and he shall be forthwith removed
therirrcrefrom.
SECTION 6. Any purchase of supplies, material, equipment or services, except for
public work or improvement, where the cost thereof exceeds a specific sum to be
set by ordinance within the limits established by State law$2,000 shall be made
upon call for bids in the same method and under the same conditions as required
herein on a call for bids for public work or improvement. This monetary limit for the
purchase of supplies, material, equipment and services may be increased from time
to time, but no more often than one time in any twenty-four month period, by
ordinance enacted by the vote of no less than a two-thirds majority of the City
Council members, up to, but in no case to exceedto any amount allowed by &State
law. In the event of an emergency declared by resolution of the City Council, any
purchase of supplies, material, equipment or service may be made without calling
for bids.
As amended by vote of the people November 6, 184.
11
SECTION 7. In addition to the provisions of the general law the City
Councilmmission 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 Councihis on 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.
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 be taken and apportioned by the City Councilmmission from
the current expense fund which for any one year shall not exceed the statutory
limits established by State lam -kg -Moen mills on each dollar of assessed valuation of
the property within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City
heretofore or hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by
law;
(c) Such other levies as may have been heretofore or which may hereafter is
required by general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Councilmmission; and
boards or committees selected by the City Councilmmission to assist in the
management of any municipal activities, if any are selected, shall act in an advisory
capacity only.
SECTION 6. The City Councilmmission 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 Councilmen sion may appoint advisory boards, committees
and commissions as may be deemed helpful and necessary to the City Council to
12
assist in administering the City's operation and programs, including but not limited
to public library, parks, aplaygrounds and city planning. The City
Councilmmission shall have full charge of the budgets for such purposes and shall
bye 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 Councils-rr 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 Councilmmission shall have power to arrange by ordinance
for the financing and repair, replacement, rehabilitation or extension of any public
utility owned and operated by the City, provided, however, that such financing shall
be arranged upon the credit of the utility itself and not upon the issuance of general
obligation bonds of the City.
ARTICLE X
Claims
SECTION 1. All cClaims for damages and the filing of such claims against the City,
its officers, employees or volunteers acting in such capacity, are governed by State
law.
claimed to have been sustained. Such claims shall accurately statc the time, place,
claim in the manner or within the time in this SECTION provided shall be a bar to
any action against the City therefor.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
13
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
private-pfepeFty,
SECTION 3. No franchise shall be granted unless there be inserted therein a
provision that the City may acquire the public utility for the exercise of which the
franchise is granted, either by agreement or by condemnation, and that upon such
purchase by the City, either by agreement or condemnation, no value of the
franchise itself shall be taken into account in fixing the price to be paid by the City
for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than
twenty-five years.
SECTION 5. No franchise shall be renewed or extended earlier than three years
prior to its expiration.
SECTION 6. No franchise shall be granted without provision for proper
compensation to the City. Such compensation shall when feasible be a percentage
upon the gross earnings of the person or corporation to whom such franchise is
granted arising from the exercise of such franchise. When the determination of the
gross earnings by the exercise of the franchise is not feasible the ordinance
granting said franchise shall prescribe such other mode of determining the
compensation to be paid the City by the grantee as shall be deemed reasonable
and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall
submit to the City Councilmmission within sixty days after the first day of January of
each year, an annual report verified by the oath of such person or the president,
treasurer or general manager of such corporation, which shall contain such detailed
information as may be prescribed by the City Councilmmission to enable it to
determine the amount of compensation to be paid to the City for the use of said
franchise during the preceding year. Any such person, persons, or corporations
which shall refuse or fail to make any such report within the time specified shall be
liable to a penalty established in accord with State law, ordinance and specific
franchise agreementsof one hundred dollars for each and every day during which
he or it shall fail to file such report, such penalty to be sued for and recovered by
the City in any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or
otherwise alienated without the express consent of the City Councilmmission by
ordinance passed for that purpose, and no rule of estoppel shall ever be invoked
14
against the City in case it shall assert the invalidity of any attempted transfer in
violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban
railroad or bus line shall provide that all United States mail carriers, city officials,
policemen and firemen shall at aII time while in the actual discharge of their duties
be allowed to ride upon such cars or buses under said franchise without paying
therefore, and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as
granted by any ordinance except when expressed therein in plain and unambiguous
terms, and if any ambiguity appears therein it shall be construed in favor of the city
and against the claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way,
subject, as to the amount and manner of incurring indebtedness, to the provisions
and limitations of the constitution and laws of the state and this charter; and subject
to the same provisions and limitations, the City may issue bonds to secure any
existing or contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Councilrissie44
by ordinance may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of
the State of Washington.
Special elections for amending
this charter may be called by the City Councilmmission or shall be called upon
petition of qualified voters of the City of a number not less than fifteen percent of
the total number of votes cast at the last preceding general state election, and
otherwise as set forth in State Iaw500 qualified voters.
ARTICLE XIV
Schedule
15
SECTION 1. Upon the taking effect of this charter all title, right and interest of the
former corporation in and to any and all property, real or personal, of whatever kind
of character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go
into effect and not inconsistent herewith, shall remain in force until amended or
repealed or until they expire by limitation. All rights and obligations in favor of or
against the City existing at the time this charter shall go into effect shall continue
without modification. All street and other improvements, all vacations of public
streets, alleys or places, all assessments for improvements, all suits and actions in
court, all fines, penalties and forfeitures and all other matters relating to the City
that may have been begun and not completed, shall be completed according to the
law and ordinances existing prior to the time this charter shall go into effect, and all
taxes and assessments levied and remaining unpaid when this charter shall go into
effect shall be collected as provided by the law existing and in effect at the time the
same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered I to XIV, inclusive, shall be submitted upon
the ballot as a complete charter and shall be included in the vote "For the Charter"
and "Against the Charter," and in the event that a majority of all votes cast thereon,
shall be "For the Charter" said charter shall be adopted.
ARTICLE XV
City Emergency Hospital
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.
16
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city civil
service.
(c) "Appointment" includes all means of selecting, appointing, or employing any
person to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those
persons listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be
composed of three persons. The commission members shall be appointed by the
City Council in the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three
names submitted to the Council chosen by a referendum of city employees,
excluding police and firemen. The City Clerk shall conduct the referendum and shall
formulate proper rules and regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names
submitted to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a
successor is selected and qualified, except that the first three members of the
commission shall be appointed for different times, as follows:
The appointee from the employee referendum list shall serve for a period of six
years, the appointee at large as designated in subsection (a) above to serve for a
period of four years, and the third appointee to serve for two years. All
commissioners must be registered voters of Yakima County. Any member of the
commission may be removed from office for incompetence, incompatibility, or
dereliction of duty, or malfeasance of office, or other good cause; provided, that no
member of the commission shall be removed until charges have been preferred, in
writing, due notice, and a full hearing held before the City Council. Any vacancy in
the commission shall be filled in the same manner as provided for selecting the
commissioner previously filling the vacancy. Two members of the commission shall
constitute a quorum and the votes of any two members concurring shall be
sufficient for the decision of all matters and the transaction of all business to be
decided by the commission. No member of the civil service commission shall
engage in active partisan or non-partisan politics and hold any salaried public office
or engage in city employment, other than his commission duties. The members of
the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by
electing one of its members chairman and shall hold regular meetings at least once
a month, and such additional meetings as may be required for the proper discharge
of its duties. All meetings of the commission shall be open to the public. It shall
appoint a chief examiner who shall also serve as secretary of the commission and
such assistants as may be necessary. The chief examiner shall keep the records
for the commission, preserve all reports made to it, superintend and keep a record
17
of all examinations held under its direction and perform such other duties as the
commission may prescribe. The chief examiner shall be appointed as a result of
competitive examination, which examination may be either original and open to all
properly qualified persons, or promotional and limited to persons already in the
service of the City of Yakima, Washington. The chief examiner shall be subject to
suspension, reduction, or discharge in the same manner and subject to the same
limitations as are provided in the case of members of the classified service. A pay
and classification plan with job descriptions providing equal pay for equal work shall
be devised by the chief examiner with the cooperation and approval of the civil
service commission which shall be submitted in ordinance form to the City Council
for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions
hereof. Such rules and regulations shall provide in detail the manner in which
examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions, and discharges shall be made, and may
also provide for any other matters connected with the general subject of personnel
administration, and which may be considered desirable to further carry out the
general purposes of this Article, or which may be found to be in the interest of good
personnel administration. The rules and regulations and any amendments thereof
shall be printed, mimeographed, or multigraphed for free public distribution. Such
rules and regulations may be changed from time to time. Prior to adoption of new
rules or changes in existing rules all interested parties shall be given an opportunity
to express opinions concerning the proposed rules at the regular public meetings of
the commission.
(b) To give practical tests which shall consist only of subjects which will fairly
determine the capacity of persons examined to perform duties of the position to
which appointment is to be made. Such tests may include tests of physical fitness
or manual skill or both.
(c) To make investigations and report upon all matters concerning the enforcement
and effect of the provisions of this Article, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employment
affected by this Article, and ascertain whether this Article and all such rules and
regulations are being obeyed. Such investigations may be made by the commission
or by any commissioner designated by the commission for that purpose. Not only
must these investigations be made by the commission as aforesaid, but the
commission must make like investigation on petition of any citizen, duly verified,
stating that irregularities or abuses exist, and setting forth in concise language, in
writing, the necessity for such investigation. In the course of such investigation the
commission, or the chairman or chief examiner when authorized by a majority vote
of the commission, may issue subpoenas to compel the attendance at such place
as may be designated in this City of witnesses and the production of books and
papers pertinent to any inquiry or investigation authorized by this Article; or may
take depositions of witnesses. Subpoenas shall also be used at the request of the
parties to the proceedings other than the commission and the chairman. The
commission or any member thereof, or the chief examiner, when authorized by the
18
commission, may administer oaths and take testimony. The commission or the
chief examiner may examine such public records, as they require in relation to any
matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by
the rules of practice and procedure adopted by the commission, and in the conduct
thereof neither the commission, nor designated commissioner shall be bound by
technical rules of evidence. No informality in any proceedings or hearing, or in the
manner of taking testimony before the commission or designated commissioner,
shall invalidate any order, decision, rule, or regulation made, or confirmed by the
commission; provided, that no order, decision, rule or regulation made by any
designated commissioner conducting any hearing or investigation alone shall be
any force or effect whatsoever unless and until concurred in by at least one of the
other two members.
(e) To hear and determine appeals or complaints respecting the allocation of
positions, the rejection of an examinee, and such other matters as may be referred
to the commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a
result thereof establish eligible lists for the various classes of positions, and provide
that persons laid off because of curtailment of expenditures, reduction in force, and
for like causes, head the list in the order of their seniority, to the end that they shall
be the first to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing
authority, when a vacant position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. Any one of the three persons
so certified may be appointed. If there is no such list, to authorize a provisional or
temporary appointment list for such class. Such temporary provisional
appointment(s) shall not continue for longer than five months in any one fiscal year.
(h) To keep such records as may be necessary for the proper administration of this
Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be
applicable to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective
offices;
(b) Members of boards and commissions and the City 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,
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which shall be ascertained by open competitive examination and impartial
investigation. No person in the classified civil service shall be reinstated in or
transferred, suspended, or discharged from any such place, position, or
employment, contrary to the provisions of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a
position which is deemed classified under SECTION 6 for a continuous period of six
months prior to the effective dates of this Article, and still currently employed, are
eligible for permanent appoint-ment under civil service to the offices, places,
positions or employment which they then held without examination or other act on
their part, and not on probation; and every such person is automatically adopted
and inducted permanently into civil service, into the office, place, position or
employment which he then held as completely and effectual to all intents and
purposes as if such person had been permanently appointed thereto under civil
service after examination and investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior,
and any such person may be removed or discharged, suspended without pay,
demoted or reduced in rank, for any of the following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous
treatment of the public, or a fellow employee, or any other act of omission or
commission tending to injure the public service; or any other willful failure on the
part of the employee to properly conduct himself; or any willful violation of the
provisions of this Article or of the rules and regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming
drug, liquid, or preparation to such extent that the use thereof interferes with the
efficiency or mental or physical fitness of the employee or which precludes the
employee from properly performing the function and duties of any position under
civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which 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
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be confined to the determination of the question of whether the removal,
suspension, or demotion was made in good faith for cause. After such investigation
the commission may affirm the removal, or if it finds that removal, suspension or
demotion was not made in good faith or cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which
reinstatement shall, if the commission so provides be retroactive, and entitle such
person to pay or compensation from the time of the removal, suspension, or
demotion. The commission upon such investigation in lieu of affirming a removal,
may modify the order by directing a suspension without pay, for a given period, and
subsequent restoration to duty, or demotion in classification, grade, or pay. The
findings of the commission shall be certified, in writing to the appointing power, and
shall be forthwith enforced by such officer. All investigations made by the
commission pursuant to this SECTION shall be by public hearing, after reasonable
notice to the accused of the time and place thereof, at which hearing the accused
shall be afforded an opportunity of appearing in person and by counsel, and
presenting his defense. The subpoena provisions of SECTION 5 of this Article shall
apply to all such hearings. If the order of removal, suspension, or demotion is
concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall
be taken by serving the commission, within thirty days after the entry of its order, a
written notice appeal, stating the grounds thereof, and demanding that a certified
transcript of the record and of all papers on file in the office of the commission
affecting or relating to its order, be filed by the commission with the court. The
commission shall, within ten days after the filing of the notice, make, certify, and file
such transcript with the court. The court shall thereupon proceed to hear and
determine the appeal in a summary manner. Such hearing shall be confined to the
determination of whether the order of removal, suspension, or demotion made by
the commission, was or was not made in good faith for cause, and no appeal shall
be taken except upon such ground or grounds. The decision of the superior court
may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for
the names and addresses of persons eligible for appointment thereto. The
commission shall certify the names of three persons highest on the eligible list for
the class to which the vacant position has been allocated, who are willing to accept
employment. In case of more than one vacancy in a particular class one additional
name shall be certified for each additional vacancy. If there is no appropriate
eligible list for the class, the commission shall certify the name of three persons
standing highest on the list held appropriate for such class. The appointing power
shall forthwith make is appointment to the vacant position from the list of person so
certified. To enable the appointing power to exercise a choice in the filling of
positions, no appointment, employment, or promotion in any position in the
classified service shall be deemed complete until after the expiration of a period of
six months' probationary service, as may be provided in the rules of the civil service
commission, during which the appointing power may terminate the employment of
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the person certified to him, if during the performance test thus afforded, upon
observation or consideration of the performance of duty, the appointing power
deems him unfit or unsatisfactory for employment by the City of Yakima. Thereupon
the appointing power shall select from the three persons certified as standing next
highest on any such list and such person shall likewise enter upon said duties for
the probationary period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the appointment, employment,
or promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employment coming within the
purview of this Article shall be filled by the appointing power; nothing herein
contained shall infringe upon the authority that the City Council may have to fix the
salaries and compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to
this Article shall approve the payment of or be in any manner concerned in paying,
auditing, or approving any salary, wage, or other compensation for services, to any
person subject to the jurisdiction and scope of this Article, unless a payroll,
estimate, or account for such salary, wage, or other compensation, containing the
names of the persons to be paid, the amount to be paid, and any other information
which, in the judgment of the civil service commission, should be furnished on such
payroll, bears the certificate of the civil service commission, or of its chief examiner
or other duly authorized agent, that the persons named therein have been
appointed or employed in compliance with the terms of this Article and the rules of
the commission, and that the payroll, estimate, or account is, insofar as known to
the commission, a true and accurate statement. The commission shall refuse to
certify the pay of any public officer or employee whom it finds to be illegally or
improperly appointed, and may further refuse to certify the pay of any public officer
or employee who willfully or through culpable negligence, violates or fails to comply
with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission.
The commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any
position in classified service of the City shall not be withheld because of his race,
color, religion, national origin, political affiliation or belief, nor shall any person be
dismissed, demoted, transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank, employment, or
compensation of any person under civil service or promise or threaten so to do for
giving or withholding, or neglecting to make any contribution of money, or services,
or any other valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may,
22
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 employment, subject to civil service, and
also shall produce such books, papers, documents, and accounts, and attend and
testify, whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a
sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the
current expense fund on the first day of January following the close of such fiscal
year.
SECTION 19. This Article shall be full force and effect on and after the first Monday
in June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be
held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or
phrase of this Article.
As adopted by vote of the people March 10, 1959. Effective date June 1, 1959.
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ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as now
established, or as hereafter established, shall continue to be the body politic and
corporate by name of City of Yakima, and under that name shall have perpetual
succession; shall use a corporate seal; may sue and be sued; may acquire property
within or without its boundaries for municipal purposes by purchase, gift, devise, lease,
or condemnation, and may sell, lease, hold, manage and control such property as its
interests may require, except that property purchased for park purposes shall be within
the city limits; and except as prohibited by the constitution of the State of Washington,
or restricted by this charter, the City of Yakima shall have all municipal powers,
functions, rights, privileges and immunities of every name and nature whatsoever
pertaining to cities of the first class within the State of Washington.
SECTION 2. The enumeration of particular powers by this charter shall not be held or
deemed to be exclusive, but in addition to the powers enumerated herein, implied
hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may
exercise, all powers which under the constitution and laws of the State of Washington it
would be lawful for said charter specifically to enumerate. All powers of the City,
whether express or implied, shall be exercised in the manner prescribed by this charter,
or if not prescribed herein, then in the manner provided by law, ordinance or resolution
of the City Council.
ARTICLE II
Officers -- Council -Manager Form of Government
SECTION 1. A. The elective officers of the City of Yakima shall consist of seven Council
members, who shall be residents of the City, who shall constitute the Council, and one
of whom shall be the Mayor chosen as provided by SECTION 3 of this Article II. One
Council member shall be elected from each of four separate districts of the City, and
three Council members shall be elected from the City at large without regard to
residence in any particular area of the City, by the qualified electors of the City, all at the
times and in the manner hereinafter provided. The Council members so elected shall
constitute the governing body of the City.
B. (1) The City shall be divided by ordinance of the City Council into four districts as
nearly equal in population as practicable. 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 (1) 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 (1) of this SECTION.
C. (1) Not less than ten days before the time for filing declarations of candidacy for the
City Council for the election to be held in the year 1979, the City Clerk shall designate
by consecutive numbers, commencing with the number one and ending with the number
four, the positions on the Council to be filled by candidates nominated from districts, and
such designations shall be thereafter permanently considered as separate offices for
election purposes as "district positions" according to their permanently designated
number. At the municipal election to be held in the year 1979, eight candidates shall be
nominated from the four districts, as follows: Candidates for "district positions" shall file
their candidacy for nomination by the electors of the district wherein each candidate,
respectively, resides. At the primary election, each qualified voter of each district may
cast only one vote for a candidate. The names of the two candidates from each district
for whom the largest number of votes are cast at the primary election shall appear on
the citywide general election ballot, and the one candidate from each district who
receives the highest number of votes, as cast by the citywide electorate at the general
election, shall thereby be declared as duly elected to each respective "district position"
as a member of the City Council.
(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 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 any Council member elected or appointed to an "at large position"
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 that Council member shall forfeit the office of Council member and the position
held by that member shall be deemed to be vacant. In the event a vacancy occurs for
any reason 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 (1) of this SECTION.
E. Provision for the time and manner of election of Council members, and the conduct
of such biennial elections shall be governed by general state laws, by this charter, and
by applicable ordinances of the City as they may be enacted from time to time.
SECTION 2. The Council shall constitute the legislative branch and authority of the City
government and shall have power to adopt rules of order and regulations for the
conduct of its business.
SECTION 3. The Council shall choose its own chairman at its first meeting and at the
first meeting after the subsequent biennial elections. The chairman shall have the title of
Mayor during the biennium for which chosen. The Mayor shall preside at all meetings of
the Council and shall also have the powers and perform the duties conferred and
imposed by this charter and the ordinances of the City. The Mayor shall be recognized
as the head of the City for all ceremonial purposes and by the Governor for purposes of
military law. The Mayor shall have no regular administrative duties but in time of public
danger or emergency shall, if so authorized and directed by a majority vote of the
Council, take command of the police, maintain order and enforce the law. The Mayor
shall also have the rights, privileges and immunities of a member of the Council with the
right to vote as another member thereof. If a vacancy occurs in the office of Mayor, or in
case of the Mayor's absence or disability, a Mayor pro tem shall be elected by the
Council from its members to act as Mayor for the unexpired term or during the
continuance of the absence or disability.
SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be
vested in the Council. The Mayor and each member of the Council shall receive
compensation as established by Ordinance. Members of the Council shall be qualified
electors of the City and any member ceasing to possess any of the qualifications
specified in general law or in this charter or convicted of crime involving moral turpitude
while in office shall immediately forfeit his office.
SECTION 5. The Council shall meet at the times and places fixed by ordinance, but
must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon request of the Mayor or any two members. Requests for
special meetings shall state the subjects to be considered and no other subject shall be
considered at a special meeting except by consent of all members of the Council. All
meetings of the Council and of committees thereof shall be open to the public, and the
rules of the council shall provide that citizens of the City shall have a reasonable
opportunity to be heard at any meetings in regard to any matter being considered
thereat.
SECTION 6. The Council shall choose such employees of its own body, as it may deem
necessary. Employees of the Council shall not be chosen for a definite term but shall
continue to serve during the pleasure of the Council.
SECTION 7. The Council shall appoint an officer whose title shall be City Manager and
who shall be the chief executive officer and the head of the administrative branch of the
City government. The City Manager shall be chosen upon the basis of character and
ability with special reference to actual experience in, or knowledge of, accepted practice
in respect to the duties of the office as hereinafter outlined. Choice shall not be limited
by any residence or political qualification. No person elected to membership on the
Council shall, subsequent to such election, be eligible for appointment as City Manager
until one year has elapsed following the expiration of the term for which elected. Before
entering upon the duties of the office, such City Manager shall take the official oath for
the support of the National and State Governments and the faithful performance of
duties, and shall execute a bond in favor of the City in such sum as may be fixed by the
Council.
SECTION 8. The City Manager shall be appointed for an indefinite term and may be
removed by a majority vote of the Council. At least thirty days before the effective date
of removal, the City Manager must be furnished with a formal statement in the form of a
resolution passed by a majority vote of the City Council stating the Council's intention to
remove the City Manager and the reasons therefor. Upon passage of the resolution
stating the Council's intention to remove the City Manager, the Council may by a similar
vote suspend the City Manager from duty, but compensation shall continue until the
removal becomes effective. The City Manager may, within thirty days from the date of
service upon the City Manager of a copy thereof, reply in writing to the resolution of
intent for removal. In the event no reply is timely filed, the resolution shall upon the
thirty-first day from the date of such service constitute the final resolution removing the
City Manager, and the City Manager's services shall terminate upon that day. If a reply
shall be timely filed with its Clerk, the Council shall fix a time for a public hearing upon
the question of the City Manager's removal and a final resolution removing the City
Manager shall not be adopted until a public hearing has been held. The action of the
Council in removing the City Manager shall be final. In case of the absence or disability
of the City Manager, the Council may designate some qualified person to perform the
duties of the office during such absence or disability.
SECTION 9. The powers and duties of the City Manager shall be: (1) To have general
supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers and employees of
the City, except members of the Council, but the appointment and removal of 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: provided, that the
Council may cause an audit to be made of any department or office of the City
government and may select the persons to make it, without the advice or consent of the
City Manager;
(3) To attend all meetings of the Council at which his attendance may be required by
that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority
which the Council may grant the Mayor to maintain law and order in times of
emergency;
(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 advised of the financial condition of the City or town and its
future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
(9) To perform such other duties as the Council may determine by ordinance or
resolution.
SECTION 10. Administrative departments shall be created by the City Council as the
public business may demand. Pending further action by the City Council, the
administrative departments now in existence shall be continued. The rights, powers and
duties of the departments shall be prescribed, distributed, assigned, established or
discontinued by ordinance.
SECTION 11. The City Manager may authorize the head of the department or office
responsible to the City Manager to appoint and remove subordinates in such
department or office. Any officer or employee who may be appointed by the City
Manager or by the head of a department or office, except one who holds a position
subject to Civil Service, may be removed by the City Manager or other such appointing
officer at any time. Subject to the provisions of SECTION 9 herein, the decision of the
City Manager or other appointing officer shall be final and there shall be no opportunity
for administrative appeal.
SECTION 12. Appointments made by or under the authority of the City Manager shall
be on the basis of executive and administrative ability and of the training and
experience of the appointees in the work, which they are to perform. Residence within
the City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members shall direct or
request the appointment of any person to, or removal from, office by the City Manager
or any of the City Manager's subordinates. Except for the purpose of inquiry, the
Council and its members shall deal with the administrative service solely through the
City Manager and neither the Council nor any committee or member thereof shall give
orders to any subordinate of the City Manager, either publicly or privately: Provided,
however, that nothing herein shall be construed to prohibit the Council, while in open
session, from fully and freely discussing with the City Manager anything pertaining to
appointments and removals of City officers and employees and City affairs.
SECTION 14. The City Manager and other officers, assistants and employees, shall
receive such salary or compensation as the Council shall fix by ordinance and it shall be
payable at such times as the Council shall determine.
SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit
system of the City of Yakima in existence at the effective date hereof.
ARTICLE III
Elections
SECTION 1. Elections shall be general, primary or special. The manner and method of
holding and calling municipal elections, both general and special, shall be according to
State law. All municipal elections shall be non-partisan and by the qualified electors of
the City.
ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation herein
before provided, shall have direct legislation by the initiative and referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied by the
proposed legislation in the form of a proposed ordinance and requesting that such
ordinance be submitted to a vote of the people shall be filed with the City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the number
of votes cast at the last general City election and the number of signers of such petition,
and shall present such certificate, petition and proposed ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per centum
of the total number of votes cast at the last preceding general city election, the City
Council, within twenty days after receipt thereof, except as otherwise provided in this
Charter, shall either pass such ordinance without alteration, or refer it to a popular vote
at a special election which must be held at the first available opportunity in accord with
the provisions of State law for special municipal elections: Provided, however, that if any
other municipal election is to be held more than thirty days but within ninety days after
the filing of the petition, said proposed ordinance shall be submitted without alteration to
be voted upon at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed
by qualified electors equal in number to ten per centum of the entire vote cast at the last
preceding general city election shall be filed with the City Clerk, protesting against the
enactment of such ordinance, it shall be suspended from taking effect. Immediately
upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a)
and (b) of this article. Thereupon the City Council shall immediately reconsider such
ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at
the next municipal election; or, the City Council may call a special election for that
purposein accord with the provisions of State law for special municipal elections; and
such ordinance shall not take effect, unless a majority of the qualified electors voting
thereon at such election shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or rejection at
any election any proposed ordinance in the same manner and effect as provided in this
article for submission on petition.
SECTION 5. There shall not be held under this article more than one special election in
any period of six months.
SECTION 6. The City Council, by ordinance, shall make further regulations for carrying
out the provisions of this article not inconsistent herewith.
ARTICLE V
The Recall
SECTION 1. The holder of any elective office, whether elected or appointed thereto,
may be removed from such office by recall proceedings as provided by the laws of the
State of Washington for elective officers.
SECTION 2. An officer removed from office by recall election or who shall resign from
such office pending recall proceedings against him shall not be eligible to hold any city
office or employment within two years after such removal or resignation.
ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1. At all meetings of the City Council every resolution and ordinance shall be
in writing and read aloud by title before a vote is taken thereon; provided, at the request
of a majority of Council members present, a resolution and ordinance shall be read
aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and nays
shall be called and recorded. All ordinances, except ordinances making appropriations
or codifying or rearranging existing ordinances, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appropriations shall be
confined to the subject of appropriations. The enacting clause of all ordinances shall be,
"Be it ordained by the City of Yakima."
SECTION 2. Ordinances making the annual tax levy or relating to local improvements or
assessments therefore, or making appropriations, emergency ordinances, or ordinances
adopted by vote of the electors shall take effect at the time indicated therein; all other
ordinances shall take effect 30 days after the date of the publication thereof as herein
provided. An emergency ordinance is one to provide for the immediate preservation of
the public peace, property, health or safety. The unanimous vote of the Council shall be
necessary for the passage of an emergency ordinance. No measure making or
amending a grant, renewal or extension of a franchise or other special privilege shall
ever be passed as an emergency measure.
SECTION 3. Upon its final passage, each ordinance or resolution shall be authenticated
by the signature of the Mayor and attested by the City Clerk and recorded in a book
kept for that purpose. The number and title of each ordinance passed by the City
Council, with certificate as herein provided, attached thereto shall be published once in
the official newspaper of the city. Said certificate shall be signed by the City Clerk and
shall be in substantially the following form: "Ordinance No. bearing above title,
was duly and regularly passed by the City Council of the City of Yakima, Washington,
on the day of 20 , and is now on file with the undersigned at
the office of the City Clerk, where the same is open to the public inspection. Dated . City
Clerk."
SECTION 4. Members of the City Council shall be qualified electors of the City, and
shall not hold any other public office except that of Notary Public or member of the
military branch of the state or federal government. A member of the City Council
ceasing to possess any of the qualifications specified in this SECTION, or who may be
convicted of a crime involving moral turpitude while in office shall immediately forfeit his
office. A certified copy of the judgment of conviction filed in the office of the City Clerk
shall be prima facie evidence of forfeiture as above provided.
SECTION 5. No elective official, officer or employee of the City shall solicit or receive
any pay, commission, money or thing of value, or derive any benefit, profit or
advantage, directly or indirectly from or by reason of any improvement, alteration or
repair, or purchase of materials required by the City, or any contract to which the City
shall be a party, except his lawful compensation or salary as such officer or employee.
A violation of any of the provisions of this SECTION shall disqualify the offender to
continue in office or employment and he shall be forthwith removed.
SECTION 6. Any purchase of supplies, material, equipment or services, except for
public work or improvement, where the cost thereof exceeds a specific sum to be set by
ordinance within the limits established by State law shall be made upon call for bids in
the same method and under the same conditions as required herein on a call for bids
for public work or improvement. This monetary limit for the purchase of supplies,
material, equipment and services may be increased from time to time, but no more often
than one time in any twenty-four month period, by ordinance enacted by the vote of no
less than a two-thirds majority of the City Council members, up to, but in no case to
exceed any amount allowed by State law. In the event of an emergency declared by
resolution of the City Council, any purchase of supplies, material, equipment or service
may be made without calling for bids.
SECTION 7. In addition to the provisions of the general law the City Council may by
ordinance create and establish special funds into which all monies received for a special
or specific purpose may be placed: Provided, however, that such fund or funds shall be
other than those deriving revenue from taxation.
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of January and
end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess, levy and collect
taxes upon all the real and personal property (not exempt from taxation) within the City
for the corporate uses and purposes thereof and provide for the payment of the debts
and expenses of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the parks and playgrounds, police and firemen's relief shall
be taken and apportioned by the City Council from the current expense fund which for
any one year shall not exceed the statutory limits established by State law on each
dollar of assessed valuation of the property within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore
or hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter is required
by general law.
SECTION 4. No special levies shall be made for other purposes than those above
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council; and boards or
committees selected by the City Council to assist in the management of any municipal
activities, if any are selected, shall act in an advisory capacity only.
SECTION 6. The City Council shall make no appropriation in aid of any corporation,
person or society not expressly authorized by this charter.
ARTICLE VIII
Special Boards
SECTION 1. The City Council may appoint advisory boards, committees and
commissions as may be deemed helpful and necessary to the City Council to assist in
administering the City's operation and programs, including but not limited to parks,
playgrounds and city planning. The City Council shall have full charge of the budgets for
such purposes and shall by ordinance regulate the organization and duties of such
boards, and may provide that any monies acquired by donation, bequest or from leases
or concessions, fines, or penalties shall be used in addition to the amount set aside in
the annual budget out of the tax levy.
ARTICLE IX
Public Utilities
SECTION 1. The City Council shall provide by ordinance rules and regulations and
make provisions for the control, management and operation of all public utilities owned
and operated by the City, or which may hereafter be acquired by the City in the manner
provided by law, or which the City may by law govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance for the
financing and repair, replacement, rehabilitation or extension of any public utility owned
and operated by the City, provided, however, that such financing shall be arranged
upon the credit of the utility itself and not upon the issuance of general obligation bonds
of the City.
ARTICLE X
Claims
SECTION 1. Claims for damages and the filing of such claims against the City, its
officers, employees or volunteers acting in such capacity, are governed by State law.
ARTICLE XI
Franchises
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges, or
public places of the City shall be granted, renewed or extended except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted therein a provision
that the City may acquire the public utility for the exercise of which the franchise is
granted, either by agreement or by condemnation, and that upon such purchase by the
City, either by agreement or condemnation, no value of the franchise itself shall be
taken into account in fixing the price to be paid by the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term than twenty-five
years.
SECTION 5. No franchise shall be renewed or extended earlier than three years prior to
its expiration.
SECTION 6. No franchise shall be granted without provision for proper compensation to
the City. Such compensation shall when feasible be a percentage upon the gross
earnings of the person or corporation to whom such franchise is granted arising from
the exercise of such franchise. When the determination of the gross earnings by the
exercise of the franchise is not feasible the ordinance granting said franchise shall
prescribe such other mode of determining the compensation to be paid the City by the
grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall submit
to the City Council within sixty days after the first day of January of each year, an
annual report verified by the oath of such person or the president, treasurer or general
manager of such corporation, which shall contain such detailed information as may be
prescribed by the City Council to enable it to determine the amount of compensation to
be paid to the City for the use of said franchise during the preceding year. Any such
person, persons, or corporations which shall refuse or fail to make any such report
within the time specified shall be liable to a penalty established in accord with State law,
ordinance and specific franchise agreements for each and every day during which he or
it shall fail to file such report, such penalty to be sued for and recovered by the City in
any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or
otherwise alienated without the express consent of the City Council by ordinance
passed for that purpose, and no rule of estoppel shall ever be invoked against the City
in case it shall assert the invalidity of any attempted transfer in violation of this
SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or interurban railroad
or bus line shall provide that all United States mail carriers, city officials, policemen and
firemen shall at all time while in the actual discharge of their duties be allowed to ride
upon such cars or buses under said franchise without paying therefore, and with all
rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered as granted by
any ordinance except when expressed therein in plain and unambiguous terms, and if
any ambiguity appears therein it shall be construed in favor of the city and against the
claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any legal way,
subject, as to the amount and manner of incurring indebtedness, to the provisions and
limitations of the constitution and laws of the state and this charter; and subject to the
same provisions and limitations, the City may issue bonds to secure any existing or
contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council by ordinance
may authorize any indebtedness and the issuance of bonds.
ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of the
State of Washington. Special elections for amending this charter may be called by the
City Council or shall be called upon petition of qualified voters of the City of a number
not less than fifteen percent of the total number of votes cast at the last preceding
general state election, and otherwise as set forth in State law.
ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the former
corporation in and to any and all property, real or personal, of whatever kind of
character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go into
effect and not inconsistent herewith, shall remain in force until amended or repealed or
until they expire by limitation. All rights and obligations in favor of or against the City
existing at the time this charter shall go into effect shall continue without modification.
All street and other improvements, all vacations of public streets, alleys or places, all
assessments for improvements, all suits and actions in court, all fines, penalties and
forfeitures and all other matters relating to the City that may have been begun and not
completed, shall be completed according to the law and ordinances existing prior to the
time this charter shall go into effect, and all taxes and assessments levied and
remaining unpaid when this charter shall go into effect shall be collected as provided by
the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered I to XIV, inclusive, shall be submitted upon the
ballot as a complete charter and shall be included in the vote "For the Charter" and
"Against the Charter," and in the event that a majority of all votes cast thereon, shall be
"For the Charter" said charter shall be adopted.
ARTICLE XV
Civil Service
SECTION 1. The general purpose of this charter amendment is to establish for the City
of Yakima a system of personnel administration based on merit principles and
governing the appointment, promotion, transfer, layoff, removal, discipline and welfare
of its employees, and other incidents of city employment.
SECTION 2. The following terms, whenever used in this Article, shall be construed as
follows:
(a) "Commission" means the civil service commission herein created, and
"Commissioner" means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city civil
service.
(c) "Appointment" includes all means of selecting, appointing, or employing any person
to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" means all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those persons
listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall be composed
of three persons. The commission members shall be appointed by the City Council in
the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three
names submitted to the Council chosen by a referendum of city employees, excluding
police and firemen. The City Clerk shall conduct the referendum and shall formulate
proper rules and regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted
to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be
appointed for different times, as follows:
The appointee from the employee referendum list shall serve for a period of six years,
the appointee at large as designated in subsection (a) above to serve for a period of
four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed
from office for incompetence, incompatibility, or dereliction of duty, or malfeasance of
office, or other good cause; provided, that no member of the commission shall be
removed until charges have been preferred, in writing, due notice, and a full hearing
held before the City Council. Any vacancy in the commission shall be filled in the same
manner as provided for selecting the commissioner previously filling the vacancy. Two
members of the commission shall constitute a quorum and the votes of any two
members concurring shall be sufficient for the decision of all matters and the transaction
of all business to be decided by the commission. No member of the civil service
commission shall engage in active partisan or non-partisan politics and hold any
salaried public office or engage in city employment, other than his commission duties.
The members of the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize by electing
one of its members chairman and shall hold regular meetings at least once a month,
and such additional meetings as may be required for the proper discharge of its duties.
All meetings of the commission shall be open to the public. It shall appoint a chief
examiner who shall also serve as secretary of the commission and such assistants as
may be necessary. The chief examiner shall keep the records for the commission,
preserve all reports made to it, superintend and keep a record of all examinations held
under its direction and perform such other duties as the commission may prescribe. The
chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or
promotional and limited to persons already in the service of the City of Yakima,
Washington. The chief examiner shall be subject to suspension, reduction, or discharge
in the same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job descriptions
providing equal pay for equal work shall be devised by the chief examiner with the
cooperation and approval of the civil service commission which shall be submitted in
ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof.
Such rules and regulations shall provide in detail the manner in which examinations
may be held, and appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be
considered desirable to further carry out the general purposes of this Article, or which
may be found to be in the interest of good personnel administration. The rules and
regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be changed
from time to time. Prior to adoption of new rules or changes in existing rules all
interested parties shall be given an opportunity to express opinions concerning the
proposed rules at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine
the capacity of persons examined to perform duties of the position to which appointment
is to be made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and report upon all matters concerning the enforcement and
effect of the provisions of this Article, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employment
affected by this Article, and ascertain whether this Article and all such rules and
regulations are being obeyed. Such investigations may be made by the commission or
by any commissioner designated by the commission for that purpose. Not only must
these investigations be made by the commission as aforesaid, but the commission must
make like investigation on petition of any citizen, duly verified, stating that irregularities
or abuses exist, and setting forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission, or the chairman or
chief examiner when authorized by a majority vote of the commission, may issue
subpoenas to compel the attendance at such place as may be designated in this City of
witnesses and the production of books and papers pertinent to any inquiry or
investigation authorized by this Article; or may take depositions of witnesses.
Subpoenas shall also be used at the request of the parties to the proceedings other
than the commission and the chairman. The commission or any member thereof, or the
chief examiner, when authorized by the commission, may administer oaths and take
testimony. The commission or the chief examiner may examine such public records, as
they require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the
rules of practice and procedure adopted by the commission, and in the conduct thereof
neither the commission, nor designated commissioner shall be bound by technical rules
of evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any
order, decision, rule, or regulation made, or confirmed by the commission; provided, that
no order, decision, rule or regulation made by any designated commissioner conducting
any hearing or investigation alone shall be any force or effect whatsoever unless and
until concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of positions,
the rejection of an examinee, and such other matters as may be referred to the
commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a result
thereof establish eligible lists for the various classes of positions, and provide that
persons laid off because of curtailment of expenditures, reduction in force, and for like
causes, head the list in the order of their seniority, to the end that they shall be the first
to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing
authority, when a vacant position is to be filled, on written request, the names of the
three persons highest on the eligible list for the class. Any one of the three persons so
certified may be appointed. If there is no such list, to authorize a provisional or
temporary appointment list for such class. Such temporary provisional appointment(s)
shall not continue for longer than five months in any one fiscal year.
(h) To keep such records as may be necessary for the proper administration of this
Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall be applicable
to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elective
offices;
(b) Members of boards and commissions and the City Manager;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for
the City Manager;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City
Council or a committee thereof, or by authority of the City Manager.
SECTION 7. All appointments to and promotions to positions in the classified civil
service of the City of Yakima shall be made solely on merit, efficiency, and fitness,
which shall be ascertained by open competitive examination and impartial investigation.
No person in the classified civil service shall be reinstated in or transferred, suspended,
or discharged from any such place, position, or employment, contrary to the provisions
of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position
which is deemed classified under SECTION 6 for a continuous period of six months
prior to the effective dates of this Article, and still currently employed, are eligible for
permanent appoint-ment under civil service to the offices, places, positions or
employment which they then held without examination or other act on their part, and not
on probation; and every such person is automatically adopted and inducted
permanently into civil service, into the office, place, position or employment which he
then held as completely and effectual to all intents and purposes as if such person had
been permanently appointed thereto under civil service after examination and
investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior, and
any such person may be removed or discharged, suspended without pay, demoted or
reduced in rank, for any of the following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous
treatment of the public, or a fellow employee, or any other act of omission or
commission tending to injure the public service; or any other willful failure on the part of
the employee to properly conduct himself; or any willful violation of the provisions of this
Article or of the rules and regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming
drug, liquid, or preparation to such extent that the use thereof interferes with the
efficiency or mental or physical fitness of the employee or which precludes the
employee from properly performing the function and duties of any position under civil
service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
sufficient to show the offender to be an unsuitable and unfit person to be employed in
the public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the
appointing power or any citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused; and a duplicate filed with the
commission. Any person so removed, suspended, or demoted may within ten days from
the time of his removal, suspension, or demotion, file with the commission a written
demand for an investigation, whereupon the commission shall conduct such
investigation. The investigation shall be confined to the determination of the question of
whether the removal, suspension, or demotion was made in good faith for cause. After
such investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith or cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which reinstatement
shall, if the commission so provides be retroactive, and entitle such person to pay or
compensation from the time of the removal, suspension, or demotion. The commission
upon such investigation in lieu of affirming a removal, may modify the order by directing
a suspension without pay, for a given period, and subsequent restoration to duty, or
demotion in classification, grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be forthwith enforced by such
officer. All investigations made by the commission pursuant to this SECTION shall be by
public hearing, after reasonable notice to the accused of the time and place thereof, at
which hearing the accused shall be afforded an opportunity of appearing in person and
by counsel, and presenting his defense. The subpoena provisions of SECTION 5 of this
Article shall apply to all such hearings. If the order of removal, suspension, or demotion
is concurred in by the commission or a majority thereof, the accused may appeal
therefrom to the superior court of the county wherein he resides. Such appeal shall be
taken by serving the commission, within thirty days after the entry of its order, a written
notice appeal, stating the grounds thereof, and demanding that a certified transcript of
the record and of all papers on file in the office of the commission affecting or relating to
its order, be filed by the commission with the court. The commission shall, within ten
days after the filing of the notice, make, certify, and file such transcript with the court.
The court shall thereupon proceed to hear and determine the appeal in a summary
manner. Such hearing shall be confined to the determination of whether the order of
removal, suspension, or demotion made by the commission, was or was not made in
good faith for cause, and no appeal shall be taken except upon such ground or grounds.
The decision of the superior court may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall requisition the commission for the
names and addresses of persons eligible for appointment thereto. The commission shall
certify the names of three persons highest on the eligible list for the class to which the
vacant position has been allocated, who are willing to accept employment. In case of
more than one vacancy in a particular class one additional name shall be certified for
each additional vacancy. If there is no appropriate eligible list for the class, the
commission shall certify the name of three persons standing highest on the list held
appropriate for such class. The appointing power shall forthwith make is appointment to
the vacant position from the list of person so certified. To enable the appointing power
to exercise a choice in the filling of positions, no appointment, employment, or
promotion in any position in the classified service shall be deemed complete until after
the expiration of a period of six months' probationary service, as may be provided in the
rules of the civil service commission, during which the appointing power may terminate
the employment of the person certified to him, if during the performance test thus
afforded, upon observation or consideration of the performance of duty, the appointing
power deems him unfit or unsatisfactory for employment by the City of Yakima.
Thereupon the appointing power shall select from the three persons certified as
standing next highest on any such list and such person shall likewise enter upon said
duties for the probationary period, until some person is found who is deemed fit for
appointment, employment, or promotion whereupon the appointment, employment, or
promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employment coming within the purview
of this Article shall be filled by the appointing power; nothing herein contained shall
infringe upon the authority that the City Council may have to fix the salaries and
compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this
Article shall approve the payment of or be in any manner concerned in paying, auditing,
or approving any salary, wage, or other compensation for services, to any person
subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or account
for such salary, wage, or other compensation, containing the names of the persons to
be paid, the amount to be paid, and any other information which, in the judgment of the
civil service commission, should be furnished on such payroll, bears the certificate of
the civil service commission, or of its chief examiner or other duly authorized agent, that
the persons named therein have been appointed or employed in compliance with the
terms of this Article and the rules of the commission, and that the payroll, estimate, or
account is, insofar as known to the commission, a true and accurate statement. The
commission shall refuse to certify the pay of any public officer or employee whom it
finds to be illegally or improperly appointed, and may further refuse to certify the pay of
any public officer or employee who willfully or through culpable negligence, violates or
fails to comply with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission. The
commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any position
in classified service of the City shall not be withheld because of his race, color, religion,
national origin, political affiliation or belief, nor shall any person be dismissed, demoted,
transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any
person under civil service or promise or threaten so to do for giving or withholding, or
neglecting to make any contribution of money, or services, or any other valuable thing,
for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may, from
time to time, be prescribed by the commission and afford the commission, its members,
and employees, all reasonable facilities and assistance in the inspection of books,
papers, documents, and accounts applying or in any way appertaining to any and all
offices, places, positions, and employment, subject to civil service, and also shall
produce such books, papers, documents, and accounts, and attend and testify,
whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a
sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the
current expense fund on the first day of January following the close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday in
June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be
held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase
of this Article.
As adopted by vote of the people March 10, 1959. Effective date June 1, 1959.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. L% _S
For Meeting of April 19, 2011
ITEM TITLE: Resolution providing for submission to voters of a proposition for approval of
Amended Charter of the City of Yakima, to be scheduled for the general municipal election to
be held August 16, 2011; and approving ballot title.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON / TELEPHONE: Jeff Cutter, City Attorney — Phone (509) 575-6030
SUMMARY EXPLANATION: The Resolution presents a proposed Amended Charter, with
amendments to Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV and XVI, with proposed
repeal of Article XV pertaining to City Emergency Hospital. The amendments conform the
Articles to state law, and provide ancillary and corrective amendments throughout (i.e.,
changing "City Commission" to "City Council," etc.). The Resolution incorporates the
proposed amended Charter as reviewed and recommended by the Council committee
appointed to review. The Resolution includes a ballot title for the proposition and directs the
County Auditor to place the proposition on the regular municipal election date of August 16,
2011.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: `\� ( City Manager
STAFF RECOMMENDATION: Approve the Resolution.
BOARD/COMMISSION RECOMMENDATION: Proposed Amended Charter was reviewed by
the City Council committee appointed for such purpose. The committee recommends
approval for submission of the proposed Amended Charter to the voters of the City of Yakima.
COUNCIL ACTION: Adopt the Resolution.