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11/05/2019 15 Discussion on Mayor-Council Form of Government 1 ..)-Arlillil,\t`\ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15. For Meeting of: November 5, 2019 ITEM TITLE: Discussion on Mayor-Council Form of Government SUBMITTED BY: Ryan Bleek,Assistant City Attorney SUMMARY EXPLANATION: A presentation will be made by Executive Director Tracy Burrows of Municipal Research and Service Center and Anne Pflug, Senior Advisor of Eastern Washington City/County Management Association, regarding the different types of municipal governments. ITEM BUDGETED: NA STRATEGIC PRIORITY: NA //) APPROVED FOR // z./ SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Memo re Form of Cimernment 10/24/2019 Omer Memo D bios 11/1/2019 Cover Memo D Powerpoint 11/1/2019 Cover Memo D Differences between proposed charter amendments 10/24/2019 Backup Material D Resident draft resolution and charter amendments 10/28/2019 Backup Material O City Legal draft charter amendments 10/24/2019 Backup Material D Letter from ACLU 10/24/2019 Backup Material 2 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Sfre1Yaldna,Washiiga198301 (9J9)57S6030 Fax(50)57061W MEMORANDUM October 24, 2019 TO: The Honorable Mayor Coffey and members of the City Council; Cynthia Martinez, Interim City Manager FROM: Ryan Bleek, Assistant City Attorney SUBJ: Potential Charter Amendment Changing the Form of the City of Yakima Government to Mayor-Council Attached are two redline versions of proposed changes to the Yakima City Charter, one drafted by the City of Yakima Legal Department, and the other submitted to Council by a private resident. Also attached is a brief synopsis of the primary differences between the two draft Charter amendments, as well as a letter recently sent to the City by the ACLU. Additionally, for Council's general information, of the ten First Class cities in the State of Washington, six use the Mayor-Council form of city government, and the other four use the Council-Manager form. Of the 25 cities with populations greater than 50,000 (as of 2018), 10 use the Mayor-Council form of city government, and 15 use the Council-Manager form. According the Municipal Research and Services Center, about 60% of Washington's population that resides within incorporated cities is governed under the Mayor-Council form, and the other 40%under the Council-Manager form. 3 Anne Pflug Anne Pflug is retired after 30 years of service in local and state government. She currently teaches public management topics at Central Washington University in her home town of Ellensburg and at the University of Washington Evans School of Public Policy. Ms Pflug has worked in local government management positions in Washington and Oregon. She has served in local government as a City Manager, City Administrator, Finance Director and Planning Director. She currently serves as a senior advisor to City and County Managers for the International City County Management Association. Tracy Burrows Tracy has been the Executive Director of the Municipal Research and Services Center (MRSC) of Washington State since 2011. She has over 25 years of local government and non-profit experience, specializing in government performance, transportation, intergovernmental affairs, and city management issues. She has worked for the Seattle Department of Transportation and the City of Kirkland, Washington where she provided leadership on regional, state and federal issues related to transportation, public safety, and governance. 0 CO CC _� U TO o •p t.) = .= L co a< CL. o = o tko LE C.) = CD LE o co z CN ^' W = I— i S 2 .co e) �, W Q ai i U W © > U •— U. z = cu o Q U CD .= W © E CD = U = cn co W ,, w CO) cp = > (0 c..) 4- C) E cn LL CD CO i_ FORM OF GOVERNMENT CHOICE i • Choosing the form of government is not a matter of how much legislative and/or administrative authority the city will have . • The most significant differences stem from the distribution of authority between the legislative and executive officials . Authority Distribution between Forms e4 EXECUTIVE POWERS AND LEGISLATIVE POWERS AND AUTHORITY THAT POWERS AND AUTHORITY VARY BY FORM AUTHORITY Spokesperson Setting of policy agenda Adopts budgets, ballot Makes proposals to Chair of Council proposals and city the Council code/ordinances Selection of chief Proposes budgets administrative officer Directs executive to provide reporting Administers day to Executive veto power day operations Appointments to Boards Appoints and and Commissions dismisses Confirmation of key employees appointed positions Contracting and spending authority COUNCIL - MANAGER PLANorAi •''-. (YAKIMA AND RICHLAND BY CHARTER) Voters Elect r Council Appoints t:‘ City Manager Appoints and Directs „ore, @ c: mh 0Y k1N ski Department Department Department Head Head Head Typical Authority Distribution : Council — Manager Form rAl EXECUTIVE POWERS AND LEGISLATIVE POWERS AND AUTHORITY AUTHORITY No veto power Sets Policy agenda and priorities Spokesperson for city Mayor/Chair is elected from Council Makes proposals to the Council appoints City Manager Council Appoints Boards and Commissions Proposes budgets Sets Contracting and spending authority Administers day to day Adopts policy measures, budgets, contracts, operations of the city ballot proposals and city code/ordinances Appoints and dismisses employees Directs City Manager to provide reporting COUNCIL - MANAGER PLAN KITH ,,..•• DIRECTLY ELECTED MAYO1 1M (TACOMA, VANCOUVER, ABERQEEN CHARTER CITIES) Voters �4ii ,,aa mqr na � Elect oagbb jr; 2 0b0Q6a Gbib ii.. Mayor Council Appoints City Manager I Department Department Department Head Head Head Typical Authority Distribution : r Directly Elected Mayor, Council - Manager Form EXECUTIVE POWERS LEGISLATIVE POWERS AND AUTHORITY AND AUTHORITY No veto power Sets policy agenda — Mayor may have independent policy agenda Spokesperson role shared with Mayor Elected Mayor chairs council and votes Makes proposals to the Appoints City Manager Council Appoints Boards and Commissions Proposes budgets Sets Contracting and spending authority Administers day to day Adopts budgets, contracts, ballot proposals operations of the city and city code/ordinances Appoints and dismisses employees Directs Executive to provide reporting MAYOR-COUNCIL PLAN •--. �BREMERTC}N, BELLINGHAM CHARTER CITIES) w2 Voters • ma. ` Elect o. 4. k '. u 5 Council Mayor Appoints and �� 4 Directs Department Department Department Head Head Head Typical Authority Distribution : irmi Mayor - Council Form rS EXECUTIVE POWERS LEGISLATIVE POWERS AND AUTHORITY AND AUTHORITY Veto power Negotiates policy agenda with Mayor Sets policy agenda Council elects member as chair OR Mayor Appoints Boards and sits as chair and does not typically vote Commissions Sets contracting and spending authority Spokesperson for city Adopts budgets, contracts, ballot proposals Makes proposals to the Council and city code/ordinances Proposes budgets Directs Executive to provide reporting Administers day to day affairs of the city Appoints and dismisses employees T . T0 - 0i 1 - 1 1 TT ,,■.,.. CITY ADMINISTRATOR rAlly SPOKANE, EVERETT, SEATTLE CHARTER CITIES Voters 4ry�1 N As Elect :'.A. Mayor Council Appoints City Administrator I :,r vti,,,.w,-i .,,.,,. ,a a f' Department Department Department Head Head Head Typical Authority Distribution : Mayor-Council Form with City Administrato EXECUTIVE POWERS LEGISLATIVE POWERS AND AND AUTHORITY AUTHORITY Mayor appoints City Administrator Negotiates policy agenda with Mayor Veto power Council elects member as chair Policy agenda/priorities Elected mayor and/or administrator Appointments to Boards and attends council meetings with Commissions recommendations Spokesperson for city Sets Contracting and spending authority Make proposals to the Council and Adopts budgets, contracts, ballot proposals provide reports and city code/ordinances Propose operating and capital Direct Executive to provide reporting budgets Administer day to day affairs of the city Appoint and dismiss employees Choice of Form of Government rS Considerations : • Capacity to determine and implement vision and direction for the community • Responsiveness and accountability • Appropriate role of politics in administration • Professional management and stability • Facilitation of civic engagement • Effectiveness and efficiency • Political harmony r Transition to Mayor-Council Form What Shifts? • Selection of chief executive • Setting of policy agenda • Appointment of department heads • Responsibility for day to day operations • Development of budget and legislative proposals • Attending/voting members at council meetings • Veto authority COMPARISON OF SIMILAR SIZE CITIESTA CITY MANAGER/ FORM OF ADMINISTOR CITY POPULATION COUNTY GOVERNMENT POSITION Vancouver 185,300 Clark Council-Manager City Manager Bellevue 145,300 King Council-Manager City Manager Kent 129,800 King Mayor-Council City Administrator Everett 111,800 Snohomish Mayor-Council Deputy Mayor Renton 104,700 King Council-Manager City Manager Federal Way 97,840 King Mayor-Council Mayor Spokane Valley 96,720 Spokane Council-Manager City Manager Yakima 94,440 Yakima Council-Manager City Manager Bellingham 90,110 'Malcom Mayor-Council Deputy Administrator Kirkland 88,940 King Council-Manager City Manager Kennewick 83,670 Benton Council-Manager City Manager Auburn 81,720 King/Pierce Mayor-Council Mayor Pasco 75,920 Franklin Council-Manager City Manager Marysville 67,820 Snohomish Mayor-Council City Administrator ilitio Redmond 65,860 King Mayor-Council Deputy Mayor Of the 14 cities around Yakima's population, 50% have Council Manager and 50% have the Mayor — Council foiin of government r Changing the Form of Government • Any city may change its form of government . In Yakima , this requires amending the city charter. • Initiated either by a resolution adopted by the city council or by a petition process . • Followed by an election on the issue of reorganizing under a different form of government . Timing of Transition to New Form 4.° By state law, the effective date of a charter amendment is upon certification of the election . R . 22 . 190 provides that if a majority of the voters favor the charter amendment , it goes into effect immediately. Irm Timing of the Charter Amendment rS Three opportunities to vote on a Charter amendment in 2020 : • February • August • November Fast Track Scenario • Amendment approved by voters in February 2020 • Mayoral election scheduled for November 2020 (But, state law sets municipal elections for odd years. The initial Mayoral term of office could be either 1 or 3 years in order to get back on schedule. ) Irm Transition Considerations rS • Review of municipal code : roles and responsibilities, references to new form of government • Impacts on staffing • Establish the mayor's salary • Standards for communication between administration and council • Transfer of administrative tasks 22 Synopsis of the Primary Differences Between Draft Charter Amendments Article I Section 2: The version drafted by the City of Yakima Legal Department explicitly addresses the effective date of the Charter amendment to specify that the amendment will become effective upon the first swearing in of a Mayor.This is a critical issue, because the amendment to the Charter should not go into effect prior to the installation of a Mayor. Otherwise,the City will be left in limbo: without a City Manager or a Mayor and without a clear executive.The version drafted by a private resident does not fully address this issue. Article II Section 3: In Subsection D of Legal's version, it specifies that the Council President would serve as Mayor Pro Tempore in the event of a temporary disability or absence of the Mayor, while Section 7 of the private resident's version is silent on this issue and only speaks to a "vacancy" in the office of the Mayor(which as defined in the draft amendment does not include temporary absences). In subsection D, City Legal's version specifies what happens in the event of a tie and the Council is unable to agree on a replacement for a Council vacancy.The private resident's version is silent on this issue. Section 7: The private resident's version is not as specific as to what happens in the event of a vacancy in the office of Mayor(see subsection 3 D of City Legal's version). The private resident's version lays out the specific timing of the first Mayoral primary and election.Technically,this is dependent on Council passing the necessary resolutions calling for the required special elections subsequent to any passage of a Charter Amendment. Because the timing of a mayoral primary and election is dependent on future action of the Council, it is best not to specify the specific timing of such an election in the City Charter. City Legal's version generally provides that municipal elections shall be done in accordance with state law, and so it is not specific as to the timing of any special election. Section 8: In the private resident's version,the salary of the Mayor is set by the Charter and can only be increased in accordance with the CPI starting in 2022 or by a vote of the people to amend the Charter. Of the cities that have an elected Mayor and a city charter, only Aberdeen sets the Mayor's salary in the charter.All other such cities set it either by commission or by ordinance. Of the cities with a population within 10,000 people of Yakima's population,the salaries of the elected mayors are: Bellingham: $151,656: Federal Way: $137,616: Renton: $168,288 City Legal's version specifies that the Mayor's salary be set by ordinance and shall not be less than the salary of the highest paid employee, except the City Administrator or Municipal Court Judges. 23 Section 9: The private resident's version gives the Mayor authority to remove and appoint all officers and employees, including City Administrator and administrative heads.The City Legal version would require Council's consent for the appointment of an administrative head or assistant head. Article IV Section 4: Under City Legal's version, an emergency ordinance would not be subject to veto.This appears to be what the private resident's version contemplates, but it is not clear. 24 PRIVATE RESIDENT DRAFT 25 RESOLUTION NO. R-201 9-XXX A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima, at a special election to be held therein on February 11, 2020, of a Proposition on whether Articles Il, VI, and XV of the Charter of the City of Yakima should be amended to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government; and requesting the Yakima County Auditor to call a special election. WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW) authorizes first class cities of the State of Washington to amend and revise their charters to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government, upon approval by a majority of the qualified voters of the city voting in a general or special election called for that purpose; and WHEREAS, an amendment of the charter may be initiated by the City Council through the passing and approval of a resolution requesting that a proposition be submitted to the qualified voters in the City of whether the City should adopt an amended charter abandoning and abolishing the Council-Manager form of government and adopting the Mayor-Council form of government pursuant to amended Charter Articles II, VI and XV and WHEREAS,the City Council desires to hold a special election in the City of Yakima on February 11, 2020,for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government pursuant to amended Charter Articles I, VI and XV and WHEREAS,the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government,therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The proposition to be submitted at the special election shall be in the form of a ballot title as follows: PROPOSITION NO. 1 ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO ABANDON AND ABOLISH THE COUNCIL- MANAGER FORM OF GOVERNMENT AND ADOPT THE MAYOR- COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF YAKIMA 26 PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure would amend Charter Articles II, VI and XV to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government. Should this proposition be approved? YES.,.,._... .;1 1 NO I 1 2. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. 3. The Yakima County Auditor is requested to call and conduct a special election to be held in the City of Yakima on February 11, 2019, for the purpose of submitting to the qualified voters of the City of Yakima the proposition set forth in Section 1 above. 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ADOPTED BY THE CITY COUNCIL this Xth day of December 2019. 27 CHARTER ARTICLE I Name, Boundaries, Powers, Rights and Liabilities SECTION 1. The people of the City of Yakima, within the boundaries as now established, or as hereafter established, shall continue to be the body politic and corporate by name of City of Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for municipal purposes by purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as its interests may require, except that property purchased for park purposes shall be within the city limits; and except as prohibited by the constitution of the State of Washington, or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever pertaining to cities of the first class within the State of Washington. SECTION 2. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution and laws of the State of Washington it would be lawful for said charter specifically to enumerate. All powers of the City, whether express or implied, shall be exercised in the manner prescribed by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or resolution of the City Council. ARTICLE II Officers — Councii Manager Mayor-Council Form of Government SECTION 1. A. Beginning with the elections for the Yakima City Council to be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015 general election, all elections for the Yakima City Council will be conducted using a system in which each of the seven members 28 of the City Council is elected from a single-member district. Each Council member must reside in his or her district, and only residents of a given district may vote for the Council member position for that district. B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered by the Court in United States District Court for the Eastern District of Washington Case No. 12-CV- 3018-TOR("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and tables showing the boundaries of the seven single-member districts and their populations were attached as Exhibit A to the Final Injunction. C. The City shall take all steps necessary to implement the seven single-member district plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in order to allow single-member district based elections to proceed in 2015 and thereafter, provided that the City of Yakima may revise those districts based on annexations, de-annexations, and population changes reflected in the decennial census and at appropriate times in the future when necessary to conform to state and federal law. D. In order to preserve the staggered election plan for members of the City Council, in elections held for the City Council in 2015 the odd numbered districts were set for a four-year election cycle and even numbered districts were set initially for a two-year term and are set thereafter for a four-year election cycle. E. Future redistricting shall be done in a manner that complies with the terms and intent of the Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12-CV-3108- TOR, continues to provide for single-member districts, and complies with Section 2 of the Voting Rights Act. F. At the primary election, each qualified voter of each district may cast only one vote for a candidate. The names of the two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the general election ballot for that district. G. In the event any Council member elected or appointed to a district position moves that member's place of residence outside the district boundary from which that member was nominated or appointed, then that Council member shall forfeit the office of Council member and the position held by the member shall be deemed to be vacant. In the event a vacancy occurs for any reason in the Council, the vacancy in the district shall be filled by the appointment of some qualified person who is a resident of that district by a majority vote of the remaining members of the Council, but such appointee shall hold office only until the next regular municipal election, at which time a qualified person who is a resident of that district shall be elected to serve for the remainder of the unexpired term for that position. SECTION 2. The Council shall constitute the legislative branch h IW of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 3. 29 The Council shall choose its own chairman at its first meeting and at the first meeting after the subsequent biennial elections. The chairman shall have the title of\favor Council President during the biennium for which chosen. The N. Council President shall preside at all meetings of the Council and shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the City. ' • .. • The or Council President shall also have the rights, privileges and immunities of a member of the Council with the right to vote as another member thereof If a vacancy occurs in the office of Myor Council President, or in case of the Council. President's absence or disability, a ilayor Council President pro tem shall be elected by the Council from its members to act as ; ar Council President for the unexpired term or during the continuance of the absence or disability. SECTION 4. Except as otherwise provided in this charter, all legislative powers of the City shall be vested in the Council. The • ar Council President and each member of the Council shall receive compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ceasing to possess any of the qualifications specified in general law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon request of the;l • tr Council President or any two members. Requests for special meetings shall state the subjects to be considered and no other subject shall be considered at a special meeting except by consent of all members of the Council. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meetings in regard to any matter being considered thereat. SECTION 6. The Council shall choose such employees of its own body, as it may deem necessary. Employees of the Council shall not be chosen for a definite term but shall continue to serve during the pleasure of the Council. SECTION 7. x cutise oilicer and the.head ol'the. administrative branch ol'the City gc sern}nent. The Cit\ 30 „ „ , „ , „ , • , " , , „ „ experizlice in; or knowledge of, accepted practice in respect the duties ofthe office as . . „ . person elechml to membership on the Council shall, sulyEkquent to such ekction; be eligible for , „ „ • , , „ • . • , , , , , ' , „ . of duties; and shall exxute a bond in favor ofthe City in such sum as may b„,2: ifixkd by the Council. rho Mayor shall be the chief executive officer and head of the administrative branch of the City government. A. Except as otherwise provided in this charter; all executive powers ofthe City shall be vested in the Mayor. 13 Abe Mayor shall appoint a City Administrator, who shall assist the Mayor, shall supervise the administrative offices and shall perform other duties as are delegated by the Mayor. C. The Mayor shall be recognized as the head of the City for all ceremonial purposes and by the Governor for purposes of military law. D. The Nlayor shall be elected by majority vote of the qualified electors of the City; at the times and in the manner provided in this charter and by the laws of the State of Washington. E. The first primary election for Mayor shall be held in August 2020; the first general election for Mayor shall be held in November 2020. The first mayoral term shall be three years. 'thereafter, the mayoral term shall be four years. F. The Mayor shall be a qualified elector of the City. G. The office of Mayor shall be deemed vacant if any of the following occur: failure to qualify within ten days after certification of election or as otherwise provided by state law, or death, or resignation; or removal from office by recall, or failure to maintain any of the qualifications specified in general law or in this charter; or absence of the Mayor and/or his representative from four consecutive regularly scheduled meetings of the city council without being excused by the council, or conviction of a felony or a crime of moral turpitude; or judicially declared incompetency. IL In the event of a vacancy in the office of Mayor, the members of the Council shall elect one of their number to serve as Acting Nlayor until the next regular municipal election, at which time a new Mayor shall be elected to serve for the remainder of the unexpired term., if any. I. The Acting Mayor shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the City upon the Nlayor. The Acting Mayor shall also have the rights, privileges and immunities ofthe Mayor. SECTION 8. _ . , , • , — , „. • . , , . • . „ • •. „ , , „ 31 , ., • . -ponstat . 0 , . , . , • , ., ., th• 0 , , . . , th ' . , ,• , . . „" , . ; . . , „• , . „ , 0 • „ • , , hut , . „ • , ., „ „ , , „ , : . „ , „ , y, thirty days from the date of service upon the City Manag,.)r°fa copy ther‘mA, reply in writing to ,. . In tho vnt no . ;ha!l upon nt.n1 for , , • y - .„ . • ,,. , ,., . .• „ ,, • „. , , y Manager, and the City Manager's services shall terminate upon that day. I IN „ f a reply shall ) , upon th. qu. ;ti on _ - y . . , , .-, - , , - , .,,. • . ,• , . „ „ , . . . „optuntpu ; a.. , ; , ,. • ., t . „. ; . , . , . 0 . 0 Manag,.)r shall be final. In case ofthe absence or disability of the City Manager, the Council may . The salary of the Mayor shall be Si 20,000 per year and shall be adjusted annually beginning January 2022 in accord with the annual change in the June U.S. Department of Labor; Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-L) West Region, but only if said calculation results in an increase. The Mayor shall also receive health insurance, life insurance and other employee benefits commensurate \\Ali the health insurance, life insurance and other employee benefits provided to City senior management employees. SECTION 9. . . . • , ,• — , ." havo , , ,. , . .. . ..• . ., : „ . , . . ., th mun , y, appoint ,nd / jo at„ • : • „ I'J " J„and / j „ ofth/ • ',/ . I ,ihmids, Officers and,.)mploys who are subject to Civil S,wvice or merit systems of the City of pursuant , Civil ,, . .• . . , „ .„ • , , Citj • cuc I j 0 ' „ . „ „ „ • ,..,. / „ • / ' j ' „ , / '. . /'• dopam/ nt or „ ,, olth : City govornmont and j, ,„ , „ without the advice or consent ofthe City Manager; / . „.„ ,, „ •that a!l ' ,nd ,n. o„ J . . authority . , the Council may grant the Mayor to maintain law and onkr in times of enhwio,oncy; ,.)xNdient; .opar and uhniit to , Council , *; * ; y h rquirod j • : or ‘ \, , : / ' • .•,.• / ,Y J• (7) To L., .1) the Council fully advis,A of the financial condition of the City or town and its . \ . . . J ,. , / J / ' a; / ' , may . ,n;o or J„ . , In addition to the poNA ers and duties granted a chief executive and/or administrative ()nicer under the laws of the State of Washington, the Mayor shall have the folliwing pONA ers and duties: 32 1. The duty to see that all laws and ordinances are faithfully enforced; and that law and order are maintained in the City. 2. The power to appoint and remove all officers and employees of the City of Yakima; including a City Administrator and the administrative heads in each department of the City government; except City Council members and except; in the instance of removal, an officer or employee who holds a position subject to Civil Service. 3. The power to make all other appointments required by the laws of the State of Washington. 4. The duty to attend; or assign a representative to attend; all meetings of the City Council as may be required by that body. The Mayor or the assigned representative shall have no vote on any matter beforethe Council. 5. The duty to communicate during the City Council's first meeting every February a statement of the conditions and affairs of the City. 6. The duty to submit reports on City matters when so requested by the City Council. 7. The duty to present to the City Council in a timely manner a budget for its consideration and a budget message setting forth the programs proposed for the next year. 8. The power to recommend to the City Council for adoption such measures and ordinances as may be deemed expedient and to make other recommendations to the City Council concerning the affairs of the City as may seem desirable. 9. 'the power to veto ordinances passed by the Council; provided that the City Council may override the veto by enacting the ordinance with a minimum of a majority plus one affirmative votes. 10. The power to investigate the affairs of the City under the supervision of the Mayor or any department or division; or the proper performance of any contract or obligation running to the City of Yakima. SECTION 10. Administrative departments shall be created by the City Council as the public business may demand. Pending further action by the City Council,the administrative departments now in existence shall be continued. The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established or discontinued by ordinance. SECTION 11. The City Manager Mayor may authorize the head of the department or office responsible to the City\ianag;,r Mayor to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the City Manager Mayor or by the head of a department or office, except one who holds a position subject to Civil Service, may be removed by the City Aianag;,r Mayor or other such appointing officer at any time. Subject to the provisions of SECTION 9 herein,the decision of the City Manag:r Mayor or other appointing officer shall be final and there shall be no opportunity for administrative appeal. SECTION 12. 33 Appointments made by or under the authority of the City Manayx r Mayor shall be on the basis of executive and administrative ability and of the training and experience of the appointees in the work, which they are to perform. Residence within the City shall not be a requirement. SECTION 13. Neither the Council, nor any of its committees or members shall direct or request the appointment of any person to, or removal from, office by the £ tN§ate Mayor or any of the City Manag r'>Mayors subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager Mayor and neither the Council nor any committee or member thereof shall give orders to any subordinate of the City Nlanag.r Mayor, either publicly or privately: Provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the `,i • ilayor anything pertaining to appointments and removals of City officers and employees and City affairs. SECTION 14. The Citti Manager and oth,r City officers, assistants and employees, other than the Mayor, shall receive such salary or compensation as the Council shall fix by ordinance and it shall be payable at such times as the Council shall determine. SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima in existence at the effective date hereof. ARTICLE III Elections SECTION 1. Elections shall be general, primary or special. The manner and method of holding and calling municipal elections, both general and special, shall be according to State law. All municipal elections shall be non-partisan and by the qualified electors of the City. ARTICLE IV Legislation by the People SECTION 1. The people of Yakima, in addition to the method of legislation herein before provided, shall have direct legislation by the initiative and referendum. 34 SECTION 2. The initiative shall be exercised in the following manner: (a) A petition signed by registered and qualified electors of the City, accompanied by the proposed legislation in the form of a proposed ordinance and requesting that such ordinance be submitted to a vote of the people shall be filed with the City Clerk. (b) Within two days from the filing of such petition the City Clerk shall certify the number of votes cast at the last general City election and the number of signers of such petition, and shall present such certificate, petition and proposed ordinance to the City Council. (c) If such petition be signed by qualified electors in number equal to twenty per centum of the total number of votes cast at the last preceding general city election, the City Council, within twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass such ordinance without alteration, or refer it to a popular vote at a special election which must be held at the first available opportunity in accord with the provisions of State law for special municipal elections: Provided, however, that if any other municipal election is to be held more than thirty days but within ninety days after the filing of the petition, said proposed ordinance shall be submitted without alteration to be voted upon at such election. SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten per centum of the entire vote cast at the last preceding general city election shall be filed with the City Clerk, protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or,the City Council may call a special election for that purpose in accord with the provisions of State law for special municipal elections; and such ordinance shall not take effect, unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. SECTION 4. The City Council may submit to popular vote for adoption or rejection at any election any proposed ordinance in the same manner and effect as provided in this article for submission on petition. SECTION 5. There shall not be held under this article more than one special election in any period of six months. SECTION 6. The City Council, by ordinance, shall make further regulations for carrying out the provisions of this article not inconsistent herewith. 35 ARTICLE V The Recall SECTION 1. The holder of any elective office, whether elected or appointed thereto, may be removed from such office by recall proceedings as provided by the laws of the State of Washington for elective officers. SECTION 2. An officer removed from office by recall election or who shall resign from such office pending recall proceedings against him shall not be eligible to hold any city office or employment within two years after such removal or resignation. ARTICLE VI Additional Powers and Limitations on Officers SECTION 1. A. At all meetings of the City Council every resolution and ordinance shall be in writing and read aloud by title before a vote is taken thereon; provided, at the request of a majority of Council members present, a resolution and ordinance shall be read aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and nays shall be called and recorded. All ordinances, except ordinances making appropriations or codifying or rearranging existing ordinances, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The enacting clause of all ordinances shall be, `Be it ordained by the City of Yakima." 13. Every ordinance, except emergency ordinances, passed by the City Council shall, within five days thereafter, be presented to the Mayor. C. Within ten days after its presentation; the Mayor shall either sign the ordinance and return it to the City Clerk. or veto the ordinance and return it to the City Clerk with a written. and signed statement of the reasons for the veto. If an ordinance is not returned by the Mayor within ten days alter its presentation, it shall be deemed enacted without the Mayors signature. Within thirty days after an ordinance has been vetoed and returned, the City Council may override the veto by enacting the ordinance with a minimum of a majority plus one affirmative votes. D. Every ordinance passed by the City Council shall be signed by the itayor, or the Council President or two City Council members in the event of prior Mayoral veto, attested by the City Clerk and recorded in a book kept for that purpose. 36 SECTION 2. A. Ordinances making the annual tax levy or relating to local improvements or assessments therefore, or making appropriations, emergency ordinances, or ordinances adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances shall take effect 30 days after the date of the publication thereof as herein provided. B. An ordinance which is subject to the veto power of the Mayor and which is not vetoed shall be deemed enacted on the date that it is approved by; or ten days alter it is presented to, the Mayor. An ordinance which is vetoed shall be deemed enacted on the date that the City Council overrides the veto. C. An emergency ordinance is one to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the Council shall be necessary for the passage of an emergency ordinance. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. SECTION 3. Upon its final passage, each ordinance or resolution shall be authenticated by the signature of the Mayor and attested by the City Clerk and recorded in a book kept for that purpose. The number and title of each ordinance passed by the City Council, with certificate as herein provided, attached thereto shall be published once in the official newspaper of the city. Said certificate shall be signed by the City Clerk and shall be in substantially the following form: "Ordinance No. bearing above title, was duly and regularly passed by the City Council of the City of Yakima, Washington, on the day of 20 , and is now on file with the undersigned at the office of the City Clerk, where the same is open to the public inspection. Dated . City Clerk. SECTION 4. Members of the City Council and the Mayor shall be qualified electors of the City, and shall not hold any other public office except that of Notary Public or member of the military branch of the state or federal government. A member of the City Council ceasing to possess any of the qualifications specified in this SECTION, or who may be convicted of a crime involving moral turpitude while in office shall immediately forfeit his office. A certified copy of the judgment of conviction filed in the office of the City Clerk shall be prima facie evidence of forfeiture as above provided. SECTION 5. No elective official, officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly from or by reason of any improvement, alteration or repair, or purchase of materials required by the City, or any contract to which the City shall be a party, except his lawful compensation or salary as such officer or employee. A violation of any of the provisions of this SECTION shall disqualify the offender to continue in office or employment and he shall be forthwith removed. 37 SECTION 6. Any purchase of supplies, material, equipment or services, except for public work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within the limits established by State law shall be made upon call for bids in the same method and under the same conditions as required herein on a call for bids for public work or improvement. This monetary limit for the purchase of supplies, material, equipment and services may be increased from time to time, but no more often than one time in any twenty-four month period, by ordinance enacted by the vote of no less than a two-thirds majority of the City Council members, up to, but in no case to exceed any amount allowed by State law. In the event of an emergency declared by resolution of the City Council, any purchase of supplies, material, equipment or service may be made without calling for bids. SECTION 7. In addition to the provisions of the general law the City Council may by ordinance create and establish special funds into which all monies received for a special or specific purpose may be placed: Provided, however,that such fund or funds shall be other than those deriving revenue from taxation. SECTION 8. There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement in quality and value of City street infrastructure, of no less than Two Million Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two Million Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. SECTION 9. There shall be a dedicated public parks and recreation capital fund, reserved for the construction and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. ARTICLE VII Limitation of Taxation SECTION 1. 38 The fiscal year of the City shall commence on the first day of January and end on the last day of December each year. SECTION 2. The City Council shall have power and authority to assess, levy and collect taxes upon all the real and personal property (not exempt from taxation) within the City for the corporate uses and purposes thereof and provide for the payment of the debts and expenses of the City; provided that after January 1, 2014, any new councilmanic tax may be assessed, levied or increased only by a minimum affirmative vote of five members of the City Council. SECTION 3. The aggregate of all the property taxes levied or appropriated for City purposes including funds for the parks and playgrounds, police and firemen's relief shall be taken and apportioned by the City Council from the current expense fund which for any one year shall not exceed the statutory limits established by State law on each dollar of assessed valuation of the property within the City except as follows: (a) The levies for redemption of and interest on the bonded debt of the City heretofore or hereafter authorized in the manner provided by law; (b) The levy for local improvement district assessment guaranty fund as required by law; (c) Such other levies as may have been heretofore or which may hereafter is required by general law. SECTION 4. No special levies shall be made for other purposes than those above specified except those, which may be authorized at an election. SECTION 5. All City funds shall be administered by the City Council; and boards or committees selected by the City Council to assist in the management of any municipal activities, if any are selected, shall act in an advisory capacity only. SECTION 6. The City Council shall make no appropriation in aid of any corporation, person or society not expressly authorized by this charter. ARTICLE VIII Special Boards SECTION 1. 39 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 40 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. 41 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. 42 Upon the taking effect of this charter all title, right and interest of the former corporation in and to any and all property, real or personal, of whatever kind of character, shall vest in and be owned by the corporation created by this charter. SECTION 2. All ordinances and resolutions in force at the time this charter shall go into effect and not inconsistent herewith, shall remain in force until amended or repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this charter shall go into effect shall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to the City that may have been begun and not completed, shall be completed according to the law and ordinances existing prior to the time this charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this charter shall go into effect shall be collected as provided by the law existing and in effect at the time the same were levied. SECTION 3. At the election to be held for the purpose of adopting or rejecting this charter amendment, articles numbered Ito XIV, inclusive, shall be submitted upon the ballot as a complete charter and shall be included in the vote "For the Charter" and"Against the Charter," and in the event that a majority of all votes cast thereon, shall be "For the Charter" said charter shall be adopted. ARTICLE XV Civil Service SECTION 1. The general purpose of this charter amendment is to establish for the City of Yakima a system of personnel administration based on merit principles and governing the appointment, promotion, transfer, layoff, removal, discipline and welfare of its employees, and other incidents of city employment. SECTION 2. The following terms, whenever used in this Article, shall be construed as follows: (a) "Commission"means the civil service commission herein created, and "Commissioner" means any one of the three members of any such commission. (b) "Appointing power" -- Appointing power means the officer or person, board or committee who is empowered to make appointments for employment in the city civil service. (c) "Appointment" includes all means of selecting, appointing, or employing any person to any office, place, position, or employment in civil service. (d) "City"means the City of Yakima, Washington. 43 (e) "Employees"mean all persons regularly employed by the City of Yakima, Washington, either on a part-time or full-time basis with the exception of those persons listed in SECTION 6. SECTION 3. There is created a city civil service commission, which shall be composed of three persons. The commission members shall be appointed by the City Council in the following manner: (a) One member shall be appointed by the City Council. (b) The second member shall be appointed by the City Council from a list of three names submitted to the Council chosen by a referendum of city employees, excluding police and firemen. The City Clerk shall conduct the referendum and shall formulate proper rules and regulations for said referendum. (c) The third shall be appointed by the City Council from a list of three names submitted to the council by the other two civil service commissioners. (d) The term of office of the commissioners shall be for six years or until a successor is selected and qualified, except that the first three members of the commission shall be appointed for different times, as follows: The appointee from the employee referendum list shall serve for a period of six years,the appointee at large as designated in subsection (a) above to serve for a period of four years, and the third appointee to serve for two years. All commissioners must be registered voters of Yakima County. Any member of the commission may be removed from office for incompetence, incompatibility, or dereliction of duty, or malfeasance of office, or other good cause; provided, that no member of the commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing held before the City Council. Any vacancy in the commission shall be filled in the same manner as provided for selecting the commissioner previously filling the vacancy. Two members of the commission shall constitute a quorum and the votes of any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided by the commission. No member of the civil service commission shall engage in active partisan or non-partisan politics and hold any salaried public office or engage in city employment, other than his commission duties. The members of the commission shall serve without compensation. SECTION 4. Immediately after appointment the commission shall organize by electing one of its members chairman and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties. All meetings of the commission shall be open to the public. It shall appoint a chief examiner who shall also serve as secretary of the commission and such assistants as may be necessary. The chief examiner shall keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction and perform such other duties as the commission may prescribe. The chief examiner shall be appointed as a result of competitive examination, which examination may be either original and open to all properly qualified persons, or promotional and limited to persons already in the service of the City of Yakima, Washington. The chief examiner shall be subject to suspension, reduction, or discharge in the same manner and subject to the same limitations as are provided in the case of members of the classified service. A pay and classification plan with job descriptions providing equal pay for equal work shall be devised 44 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 45 any force or effect whatsoever unless and until concurred in by at least one of the other two members. (e) To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee, and such other matters as may be referred to the commission. (f) To provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position, and as a result thereof establish eligible lists for the various classes of positions, and provide that persons laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed. (g) It shall be the duty of the Civil Service Commission to certify to the appointing authority, when a vacant position is to be filled, on written request, the names of the three persons highest on the eligible list for the class. Any one of the three persons so certified may be appointed. If there is no such list, to authorize a provisional or temporary appointment list for such class. Such temporary provisional appointment(s) shall not continue for longer than five months in any one fiscal year. (h) To keep such records as may be necessary for the proper administration of this Article. As amended by vote of the people November 8, 1983. SECTION 6. The classified civil service and provisions of this Article shall be applicable to and shall include all employees of the city except the following: (a) Officers elected by the people and persons appointed to fill vacancies in elective offices. (b) Members of boards and commissions and the City Administrator; (c) Employees under civil service coverage within the police and fire departments; (d) All department heads; one confidential secretary and one administrative assistant for the City Manag;r Mayor; one confidential secretary and one administrative assistant for the City ldministrator; (e) Judges, City Attorney and all assistant city attorneys; (f) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the City Council or a committee thereof, or by authority of the City Manayx:r Mayor. SECTION 7. All appointments to and promotions to positions in the classified civil service of the City of Yakima shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person in the classified civil service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment, contrary to the provisions of this Article. SECTION 8. For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment hereof, all persons holding a position which is deemed classified under SECTION 6 for a continuous period of six months prior to the effective dates of this Article, and 46 still currently employed, are eligible for permanent appointment under civil service to the offices, places, positions or employment which they then held without examination or other act on their part, and not on probation; and every such person is automatically adopted and inducted permanently into civil service, into the office, place, position or employment which he then held as completely and effectual to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. SECTION 9. The tenure of every person holding an office, place, position or employment under the provisions of this Article shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank, for any of the following reasons: (a) Incompetency, inefficiency, or inattention to, or dereliction of duty; (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this Article or of the rules and regulations to be adopted hereunder; (c) Mental or physical unfitness for the position which the employee holds; (d) Dishonest, disgraceful, or prejudicial conduct; (e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid, or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee or which precludes the employee from properly performing the function and duties of any position under civil service; (f) Conviction of a felony, or a misdemeanor involving moral turpitude; (g) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. SECTION 10. No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this Article, shall be removed, suspended, or demoted except for cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused; and a duplicate filed with the commission. Any person so removed, suspended, or demoted may within ten days from the time of his removal, suspension, or demotion, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether the removal, suspension, or demotion was made in good faith for cause. After such investigation the commission may affirm the removal, or if it finds that removal, suspension or demotion was not made in good faith or cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position, or employment from which he was removed, suspended, or demoted, which reinstatement shall, if the commission so provides be retroactive, and entitle such person to pay or compensation from the time of the removal, suspension, or 47 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. 48 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 49 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. 50 CITY LEGAL DRAFT 51 RESOLUTION NO. R-2019- A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima, at a special election to be held therein on February 11, 2020, of a Proposition on whether Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV of the Charter of the City of Yakima should be amended to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government; making ancillary and corrective amendments throughout the Charter to accommodate the change in the form of government; and requesting the Yakima County Auditor to call a special election. WHEREAS, Chapters 35.18 and 35.22 of the Revised Code of Washington (RCW) authorizes first class cities of the State of Washington to amend and revise their charters to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government, upon approval by a majority of the qualified voters of the city voting in a special election called for that purpose; and WHEREAS, an amendment of the charter may be initiated by the City Council through the passing and approval of a resolution directing that a proposition be submitted to the qualified voters in the City on whether the City should adopt an amended charter abandoning and abolishing the Council-Manager form of government and adopting the Mayor-Council form of government pursuant to amended City Charter Articles I, II, IV, VI, VII, VIII,XIII, XIV, and XV, with ancillary amendments throughout the City Charter to accommodate the change in the form of government; and WHEREAS, the City Council desires to hold a special election in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified voters of the City the proposition of whether the City of Yakima should abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government pursuant to amended Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV, with ancillary amendments throughout the City Charter to accommodate the change in the form of government; and WHEREAS, the City Council finds and determines that the best interests and general welfare of the City of Yakima would be served by submitting to the qualified voters in the City the proposition of whether the City of Yakima should abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The proposition to be submitted at the special election shall be in the form of a ballot title as follows: PROPOSITION NO. 1 ADOPTION OF AMENDMENTS TO THE CHARTER OF THE CITY OF YAKIMA TO ABANDON AND ABOLISH THE COUNCIL-MANAGER FORM OF GOVERNMENT AND ADOPT THE MAYOR-COUNCIL FORM OF GOVERNMENT WITHIN THE CITY OF YAKIMA, AND MAKE FURTHER AMENDMENTS COMMENSURATE THEREWITH 1 52 PROPOSITION NO. 1 concerns an amendment of the City of Yakima Charter. This measure would amend Charter Articles I, II, IV, VI, VII, VIII, XIII, XIV, and XV to abandon and abolish the Council-Manager form of government and adopt the Mayor-Council form of government.Adoption of the proposition will also make ancillary amendments throughout the Charter to accommodate the change in the form of government. Should this proposition be approved? YES f NO f 2. The City Clerk is authorized and directed to file a certified copy of this resolution with the Yakima County Auditor. 3. The Yakima County Auditor is requested to call and conduct a special election to be held in the City of Yakima on February 11, 2020, for the purpose of submitting to the qualified voters of the City of Yakima the proposition set forth in Section 1 above. 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ADOPTED BY THE CITY COUNCIL this_ day of , 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk APPROVED AS TO FORM: Jeff Cutter, City Attorney 2 53 ARTICLE I Name, Boundaries, Powers, Rights and Liabilities SECTION 1 . The people of the City of Yakima, within the boundaries as now established, or as hereafter established, shall continue to be the body politic and corporate by name of City of Yakima, and under that name shall have perpetual succession; shall use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for municipal purposes by purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as its interests may require, except that property purchased for park purposes shall be within the city limits; and except as prohibited by the constitution of the State of Washington, or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever pertaining to cities of the first class within the State of Washington. SECTION 2. This entire charter amendment and each article, section and subsection thereof inclusive shall become effective and enforceable on behalf of the City of Yakima upon the first swearing in of a duly elected Mayor following the election enacting this charter and shall continue to be so until further amendment is adopted. If any provision or part of this proposed charter amendment, or its application to any person or circumstance is held invalid, the remainder of the proposed revisions or parts thereof, or the application of the provision or parts to other persons or circumstances, is not affected, and to this end the provisions and/or parts of this proposed charter amendment are declared to be severable. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby or appropriate to the exercise thereof, the City of Yakima shall have, and may exercise, all powers which under the constitution and laws of the State of Washington it would be lawful for said charter specifically to enumerate. All powers of the City, whether express or implied, shall be exercised in the manner prescribed by this charter, or if not prescribed herein, then in the manner provided by law, ordinance or resolution of the City Council. Furthermore, all powers of the City, unless otherwise provided in this charter, shall be exercised by the Mayor and City Council in a Mayor-Council form of government. They shall be subject to the control and direction of the people at all times by the initiative, referendum and recall provided for in this charter. ARTICLE II f;6 crs Elective Officials, Qualifications, Authorities and Responsibilities — Mavor-Council ag:, Form of Government SECTION 1 . A. The elective officials of the City of Yakima shall consist of a Mayor and seven Council members, who shall all be residents and qualified electors of the City and shall not hold any other public office while serving as an elective official of the City except that of Notary Public or member of the military branch of the state or federal government. The Mayor shall be the chief executive officer of the City. Beginning with the elections for the Yakima City Council to be held in 2015, and including the August 4, 2015 primary election and the November 3, 2015 general election, all elections for the Yakima 3 54 City Council will be conducted using a system in which each of the seven members of the City Council is elected from a single-member district. Each Council member must reside in his or her district, and only residents of a given district may vote for the Council member position for that district. B. In the Final Injunction and Remedial Districting Plan ("Final Injunction") entered by the Court in United States District Court for the Eastern District of Washington Case No. 12-CV-3018-TOR ("Case No. 12-CV-3018-TOR") on February 15, 2015, maps and tables showing the boundaries of the seven single-member districts and their populations were attached as Exhibit A to the Final Injunction. C. The City shall take all steps necessary to implement the seven single-member district plan attached as Exhibit A to the Final Injunction in Case No. 12-CV-3018-TOR in order to allow single-member district based elections to proceed in 2015 and thereafter, provided that the City of Yakima may revise those districts based on annexations, de- annexations, and population changes reflected in the decennial census and at appropriate times in the future when necessary to conform to state and federal law. D. In order to preserve the staggered election plan for members of the City Council, in elections held for the City Council in 2015 the odd numbered districts were set for a four-year election cycle and even numbered districts were set initially for a two-year term and are set thereafter for a four-year election cycle. E. Future redistricting shall be done in a manner that complies with the terms and intent of the Final Injunction and Judgment and the Court's August 22, 2014 Order in Case No. 12-CV-3108-TOR, continues to provide for single-member districts, and complies with Section 2 of the Voting Rights Act. F. City Council Election: At the primary election, each qualified voter of each district may cast only one vote for a City Council candidate. The names of the two candidates from each district for whom the largest number of votes are cast at the primary election shall appear on the general election ballot for that district. Mayoral Election: At the primary election, each qualified voter of the City may cast one vote for a Mayoral candidate. The names of the two Mayoral candidates for whom the largest number of votes are cast at the primary election shall appear on the general election ballot for City-wide vote. G. In the event the Mayor, as an elected official of the City, moves their place of residence outside of the City, or any Council member elected or appointed to a district position moves that member'Gtheir place of residence outside the district boundary from which that person was nominated or appointed, then the Mayor o Council member shall forfeit the office of Mayor or Council member and the position held by the Mayor or member shall be deemed to be vacant. A Council member shall not be disqualified from his or her current term of office if district lines are changed, thereby causing the Council member to live outside his or her respective district. When this change in district lines affects a current Council member, that person shall be allowed to complete his or her current term of office. the Council, but such appointee shall hold office only until the next regular municipal- 4 55 SECTION 2. The Council shall constitute the legislative branch and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 3. A. One of the seven elected Council members shall be the Council President, chosen as provided by Section 4 A of this Article II. Any elective official that ceases to possess any of the qualifications specified in general law or in this charter or is convicted of a felony or of a crime involving moral turpitude while in office shall immediately forfeit that official's office. B. Provision for the time and manner of election of the Mayor and Council officials, and the conduct of such biennial elections, shall be governed by general state laws, by this charter, and by applicable ordinances of the City as they may be enacted from time to time. C. The annual salary of the Mayor shall not be less than an amount equal to the salary of the highest paid City employee other than the City Administrator and any Municipal Court judge who is paid more than the City Administrator, and shall be specifically provided by ordinance. The annual salaries of the Council President and each Council member shall be as set forth in City ordinance. The salaries of the office of Council President and each Council member may be increased or decreased from time to time by ordinance, but any change in the compensation attached to that office shall not be applicable to the term then being served by the incumbent. D. The office of Mayor, Council President or any Council member shall be deemed vacant if any of the following occur: 1 . failure to qualify within ten days after certification of election or as otherwise provided by state law, or 2. death, or 3, resignation, or 4. removal from office by recall, or 5. failure to maintain residency requirement of the office, or 6. absence from four consecutive regularly scheduled meetings of the city council without being excused by the council, or 7. conviction of a felony or a crime of moral turpitude, or 8. judicially declared incompetency In the event of a vacancy in the office of Mayor, the members of the Council shall elect one of their number to the vacant office of Mayor for the unexpired term and shall then follow the procedure set forth in this Section to appoint a person to the Council position left vacant by the person assuming the office of Mayor. In the case of the temporary absence or disability of the Mayor, the Council President shall be the Mayor Pro Tempore and perform the duties of Mayor. The Mayor Pro Tempore shall not have the power to appoint or remove any officer, or to veto any acts of the City Council. In the event a vacancy occurs in the City Council positions for any reason, the vacancy in the district shall be filled by the appointment of some qualified person who is 5 56 a resident of that district by a majority vote of the remaining members of the Council, but such appointee shall hold office only until the next regular municipal election, at which time a qualified person who is a resident of that district shall be elected to serve for the remainder of the unexpired term for that position, lf, after 30 days have passed since the occurrence of a vacancy, the Council is unable to agree upon a person to be appointed to fill a vacancy in the Council, the Mayor shall make the appointment from among the persons nominated by members of the Council. SECTION 4. A. The Council shall choose its own chairman Council President at its first meeting and at the first meeting afterof the newly elected Council following eacheubeeguont biennial elections. The Council President chairman Mayor during the biennium for wHch chocen. Tho Mayor shall preside at all meetings of the Council and shall also set the Council Agenda for each meeting held by the Council. The Council President shall be a member of the City Council with equal rights and privileges and shall be entitled to vote on all matters coming before the Council. The Council President shall not possess any veto power. The Council President shall have the powers and perform the duties conferred upon him by this charter, the City Council and the ordinances of the City. and by the Governor for purposes, of military law. The Mayor shall have no regular . .. . momber of the . . If a vacancy occurs in the office of Mayo-Council President, or in case of the Mayor's Council President's absence or disability, a Mayor Council President pro tem shall be elected by the Council from its members to act as Mayor Council President for the unexpired term or during the continuance of the absence or disability. In the case of a permanent vacancy, the Council shall then follow the procedure set forth at Section 3 D to appoint a person to the Council position left vacant by the person assuming the office of Council President pro tem. B. Four Council members shall be a quorum for the transaction of business. In the absence of a quorum the members present at a meeting may adjourn the meeting to a later date. . . compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ccosing to imos-es-any of the qualifications simecified n gonoral aw or n tHe charter or convctod of crime invoMng moral turpitude whHo in . . office. SECTION 5. The Council shall meet at the times and places fixed by ordinance, but must hold at least two regular meetings each month. The Clerk shall call special meetings of the Council upon written request of the Mayor, the Council President, or any 6 57 twea maiority of the Council members. Requests for special meetings shall state the subjects to be considered and no final action may be taken with respect to any other subject shall be considered atdurinq a special meeting except by consent of all members of the Council. All meetings of the Council and of committees thereof shall be open to the public, and the rules of the council shall provide that citizens of the City shall have a reasonable opportunity to be heard at any regular meetings in regard to any matter being considered thereat. SECTION 5. The Council shah choose such employees of its own body, as it may SECTION 7. The Council shall appoint an officer whose title shall se City Manager the City government. The City Manager shall be chosen upon the basic of charcicte;-and • • • • • • • • • • • • • • • • vote sus.end the City Manager from duty, but com.ensation shall continue until the removal becomes effective. The City Manager may, within thirty days from the date of for removal. In the event no reply is timely filed, the resolution shall upon the thirty first • • • SECTION 9. The powers and duties of the City Manager shall be: 7 58 systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and • • pe lient� or as he may deem it advisable to submit; 47) To keep the Council fully advised of the financial condition of the City or town and its future needs; SECTION 61-9. Administrative departments shall be created The Mayor shall appoint a City Administrator to assist in the general administration of the City. The specific responsibilities of the City Administrator shall be determined by the Mayor. Administrative departments shall be created and discontinued by the City Council as the public business may demand. Pending further action by the City Council, the administrative departments now in existence shall be continued. The rights, powers and duties of the departments shall be prescribed, distributed, assigned, established or discontinued by ordinance. SECTION T11 . The Mayor shall be the chief executive officer of the City. The position of Mayor is a full-time position. The Mayor shall not accept or hold employment preventing the Mayor from being available at City offices during the hours the offices are open to the public or that would prevent the Mayor from regularly attending Council meetings and other meetings as may from time to time be required. In addition to the powers and duties granted a chief executive and/or administrative officer under the laws of the State of Washington, the Mayor shall have the following powers and duties: A. The power to appoint and remove the administrative heads and assistant administrative heads in each department of the City government, provided the appointment, but not the removal, of an administrative head and assistant administrative head shall be subject to the approval of the City Council and, further provided, that the head or assistant head of any department shall not be deprived by any such removal of any standing under the civil service provisions of this charter which the employee may have had before appointment as head or assistant head of a department. City residency shall not be a requirement for these positions. 8 59 B. The power to appoint and remove a city clerk, provided such appointment, but not removal, shall be subject to the approval of the City Council. City residency shall not be a requirement for this position. C. The power to appoint and remove a city attorney, provided such appointment, but not removal, shall be subject to the approval of the City Council. City residency shall not be a requirement for this position. D. The power to appoint and remove, subject to the civil service provisions of this charter, all other officers and employees of the City of Yakima or to authorize the head of a department or officer responsible to the Mayor to appoint and remove subordinates in such department or office. E. The power to make all other appointments required to be made by the Mayor by the laws of the State of Washington and in the manner provided hereby. F. The power to appoint and remove a City Administrator, provided such appointment, but not removal, shall be subject to the approval of the City Council. Residency within the City shall not be a requirement for this position. The City Administrator, under the general supervision of the Mayor, shall assist the Mayor, and in the discretion of the Mayor shall supervise the administrative offices and shall perform such other duties as are delegated to the position by the Mayor from time to time. The salary of the City Administrator shall be fixed in the discretion of the Mayor but shall not exceed one hundred ten percent of the salary of the highest paid employee of the City (other than the Mayor, the municipal court judges or said City Administrator) or such higher amount as set by the City Council, from time to time. G. The power to appoint and remove an executive secretary and assistants who are not subject to civil service. City residency shall not be a requirement for these positions. H. Whenever the City Council shall be required to appoint any member of a board, committee, commission or other body, unless the appointee must be a Council member, it shall be the duty of the Mayor to nominate a suitable person for such appointment. City residency may be required for these positions and shall be specifically stated in statute andior ordinance. If the City Council refuses to appoint any nominee of the Mayor, then the Mayor shall, within forty five days thereafter, nominate another person to fill the office, and may continue to nominate until Council appointment. If the Mayor fails to make another such nomination within forty five days, then the City Council shall select a suitable person to fill the office. I. The power to remove a Council appointee, other than a Council member appointee, from a board, committee or commission. Upon such removal, the vacancy for the unexpired term, if any, shall be filled by appointment in the same manner as if at the beginning of the term, except as otherwise provided in this charter. J. The duty to see that all laws and ordinances are faithfully enforced and that law and order are maintained in the City. K. The duty to annually, at the first meeting of the City Council in October, communicate by message to the City Council a statement of the conditions and affairs of the City, and to recommend the adoption of such measures he or she 9 60 may deem expedient and proper. The Mayor shall make special communication to the City Council from time to time as he or she may deem useful and proper, and shall submit reports on City matters when so requested by the City Council. L. The duty to prepare and present to the City Council a budget and a budget message setting forth the programs proposed for the City during the next fiscal year. Budget preparation and presentation shall comply with applicable state statutes, City Charter and City Ordinance provisions and shall generally include a budget forecast presented to the Council by mid-October, a preliminary budget presented to the Council before November 1 and a final budget presented to Council no later than the final December City Council meeting of each year. M. The power to recommend to the City Council for adoption such measures and ordinances as may be deemed expedient and to make such other recommendations to the City Council concerning the affairs of the City as may seem desirable. N. The power to veto ordinances or parts of ordinances passed by the Council and submitted to him or her as provided herein; provided that such veto may be overridden by the vote of a majority of all Council members plus one more vote. O. The power to make investigation into the affairs of the City under the supervision of the Mayor or any department or division, or the proper performance of any contract or obligation running to the City of Yakima. P. The power to make recommendations in connection with the awarding of public contracts and see that all contracts made by the City of Yakima are faithfully performed. Q. The duty to approve for payment and submit to the City Council at each meeting for its allowance all claims and bills. To the extent specifically approved and provided for in ordinance the Mayor may have limited authority to pay claims and bills in amounts less than or equal to those specifically provided by ordinance without first obtaining Council approval. R. The authority to execute contracts and execute settlement agreements on behalf of the City so long as said contracts and settlement agreements have been previously approved by Council. To the extent specifically approved and provided for in ordinance the Mayor may have limited authority to execute contracts and settlement agreements in amounts less than or equal to those specifically provided by ordinance without first obtaining Council approval. S. The Mayor shall not vote on any matters before the Council for consideration. T. The Mayor shall have no authority to increase or reduce taxes; the Mayor shall possess no taxing authority on behalf of the Citythe hoad of the depadment or office roeponeibbtotho City Manager to appoint Civilwho may bo appointed by the Ofty Manager or by the hoad of a depament or pro • . ty Managor or othor apponbng officer chaff be final and there chaff be no opportunity for adminictratr.'o appeal. 10 61 City sha!l not be a requirement. 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 8 . Nothing in this Article shall affect the pension or Civil Service or merit system of the City of Yakima in existence at the effective date hereof. ARTICLE III Elections SECTION 1 . Elections shall be general, primary or special. The manner and method of holding and calling municipal elections, both general and special, shall be according to State law. All municipal elections shall be non-partisan and by the qualified electors of the City. 11 62 ARTICLE IV Legislation by the People SECTION 1 . The people of Yakima, in addition to the method of legislation herein before provided, shall have direct legislation by the initiative and referendum. SECTION 2. The initiative shall be exercised in the following manner: (a) A petition signed by registered and qualified electors of the City, accompanied by the proposed legislation in the form of a proposed ordinance and requesting that such ordinance be submitted to a vote of the people shall be filed with the City Clerk. (b) Within two days from the filing of such petition the City Clerk shall certify the number of votes cast at the last general City election and the number of signers of such petition, and shall present such certificate, petition and proposed ordinance to the City Council. (c) If such petition be signed by qualified electors in number equal to twenty per centum of the total number of votes cast at the last preceding general city election, the City Council, within twenty days after receipt thereof, except as otherwise provided in this Charter, shall either pass such ordinance without alteration, or refer it to a popular vote at a special election which must be held at the first available opportunity in accordance with the provisions of State law for special municipal elections: Provided, however, that if any other municipal election is to be held more than thirty days but within ninety days after the filing of the petition, said proposed ordinance shall be submitted without alteration to be voted upon at such election. SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed by qualified electors equal in number to ten per centum of the entire vote cast at the last preceding general city election shall be filed with the City Clerk, protesting against the enactment of such ordinance, it shall be suspended from taking effect. Immediately upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a) and (b) of this article. Thereupon the City Council shall immediately reconsider such ordinance, and, if it does not entirely repeal the same, shall submit it to popular vote at the next municipal election; or,the City Council may call a special election for that purpose as such elections are permitted by state statute for special municipal cloctiono; and such ordinance shall not take effect, unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. SECTION 4. The City Council may submit to popular vote for adoption or rejection at any election any proposed ordinance in the same manner and effect as provided in this article for submission on petition. SECTION 5. There shall not be held under this article more than one special election in any period of six months. SECTION 6. The City Council, by ordinance, shall make further regulations for carrying out the provisions of this article not inconsistent herewith. 12 63 ARTICLE V The Recall SECTION 1 . The holder of any elective office, whether elected or appointed thereto, may be removed from such office by recall proceedings as provided by the laws of the State of Washington for elective officers. SECTION 2. An officer removed from office by recall election or who shall resign from such office pending recall proceedings against him shall not be eligible to hold any city office or employment within two years after such removal or resignation. ARTICLE VI Ordinances; Additional Powers and Limitations on Officers SECTION 1 . A. At all meetings of the City Council every resolution and ordinance shall be in writing and read aloud by title before a vote is taken thereon; provided, at the request of a majority of Council members present, a resolution or ordinance shall be read aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and nays shall be called and recorded. All ordinances, except ordinances making appropriations or codifying or rearranging existing ordinances, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The enacting clause of all ordinances shall be, "Be it ordained by the City of Yakima." B. Every ordinance, except those which become emergency ordinances, passed by the City Council shall, within five days thereafter, be presented to the Mayor. C. Within ten days after its presentation, the Mayor shall either sign the ordinance and return it to the City Clerk, or veto the ordinance and return it to the City Clerk with a written and signed statement of the reasons for the Mayor's veto, or sign and partially veto an appropriation ordinance and return it to the City Clerk with a written and signed statement of the reasons for the partial veto. If an ordinance is not returned by the Mayor within ten days after its presentation, it shall be deemed enacted without the Mayor's signature. Within thirty days after an ordinance has been vetoed and returned or partially vetoed and returned, the City Council may override the veto or partial veto by enacting the ordinance by an affirmative vote of the majority plus one vote. D. Every ordinance enacted by the City Council shall be signed by the Mayor, or the Council President or two City Council members in the event of prior Mayoral veto, attested by the City Clerk and recorded in a book kept for that purpose. SECTION 2. A. Ordinances making the annual tax levy or relating to local improvements or assessments therefore, or making appropriations, emergency ordinances, or ordinances adopted by vote of the electors shall take effect at the time indicated therein; all other ordinances shall take effect 30 days after the date of the enactment and publication thereof as herein provided. B. An ordinance which is subject to the veto power of the Mayor and which is not vetoed, or the approved portions of an ordinance which has been partially vetoed, shall 13 64 be deemed enacted on the date that it is approved by, or ten days after it is presented to, the Mayor. An ordinance which is vetoed, or the vetoed portions of an ordinance, shall be deemed enacted on the date that the City Council overrides the veto or partial veto. An ordinance which is not subject to the veto power of the Mayor shall be deemed enacted on the date it is approved by the City Council. C. An emergency ordinance is one to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of an emergency ordinance, which shall not be subject to veto by the Mayor. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. SECTION 3. Upon its final passage, an a book kept for that purpose. Tthe number and title of each ordinance enanctedpassed by the City Council, with certificate as herein provided, attached thereto shall be published once in the official newspaper of the city. Said certificate shall be signed by the City Clerk and shall be in substantially the following form: "Ordinance No. bearing above title, was duly and regularly passed by the City Council of the City of Yakima, Washington, on the day of 20 , and is now on file with the undersigned at the office of the City Clerk, where the same is open to the public inspection. Dated . City Clerk." 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 SECTION 46. No elective official, officer or employee of the City shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly from or by reason of any improvement, alteration or repair, or purchase of materials required by the City, or any contract to which the City shall be a party, except his lawful compensation or salary as such officer or employee. A violation of any of the provisions of this SECTION shall disqualify the offender to continue in office or employment and he shall be forthwith removed. SECTION 56. Any purchase of supplies, material, equipment or services, except for public work or improvement, where the cost thereof exceeds a specific sum to be set by ordinance within the limits established by State law shall be made upon call for bids in the same method and under the same conditions as required herein on a call for bids for public work or improvement. This monetary limit for the purchase of supplies, material, equipment and services may be increased from time to time, but no more often than one time in any twenty-four month period, by ordinance enacted by the vote of no less than a 14 65 two-thirds majority of the City Council members, up to, but in no case to exceed any amount allowed by State law. In the event of an emergency declared by resolution of the City Council, any purchase of supplies, material, equipment or service may be made without calling for bids. SECTION 6.. In addition to the provisions of the general law the City Council may by ordinance create and establish special funds into which all monies received for a special or specific purpose may be placed: Provided, however, that such fund or funds shall be other than those deriving revenue from taxation. SECTION 7 . There shall be a dedicated street overlay and reconstruction fund, reserved for the enhancement in quality and value of City street infrastructure, of no less than Two Million Dollars annually in the City's General Fund budget. This dedicated fund base amount of Two Million Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. SECTION 8Q. There shall be a dedicated public parks and recreation capital fund, reserved for the construction and rehabilitation of City public parks and recreation facilities, of no less than Seven Hundred Fifty Thousand Dollars annually in the City's General Fund budget. This dedicated fund base amount of Seven Hundred Fifty Thousand Dollars shall be adjusted annually in accord with the annual change in the June U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) West Region. The City Council shall make no other use of this fund than as is provided in this Section. ARTICLE VII Limitation of Taxation SECTION 1 . The fiscal year of the City shall commence on the first day of January and end on the last day of December each year. SECTION 2. The City Council shall have power and authority to assess, levy and collect taxes upon all the real and personal property (not exempt from taxation) within the City for the corporate uses and purposes thereof and provide for the payment of the debts and expenses of the City; provided that after January 1 , 2014, any new councilmanic tax may be assessed, levied or increased only by a minimum affirmative vote of five members of the City Council. The Mayor shall have no authority to assess or levy any taxes on behalf of the City. SECTION 3. The aggregate of all the property taxes levied or appropriated for City purposes including funds for the parks and playgrounds, police and firemen's relief shall be taken and apportioned by the City Council from the current expense fund which for any one year shall not exceed the statutory limits established by State law on each dollar of assessed valuation of the property within the City except as follows: 15 66 (a) The levies for redemption of and interest on the bonded debt of the City heretofore or hereafter authorized in the manner provided by law; (b) The levy for local improvement district assessment guaranty fund as required by law; (c) Such other levies as may have been heretofore or which may hereafter bets required by general law. SECTION 4. No special levies shall be made for other purposes than those above specified except those, which may be authorized at an election. SECTION 5. All City funds shall be administered by the City Council; and boards or committees selected by the City Council to assist in the management of any municipal activities, if any are selected, shall act in an advisory capacity only. SECTION 6. The City Council shall make no appropriation in aid of any corporation, person or society not expressly authorized by this charter. ARTICLE VIII Special Boards SECTION 1 . The City Council may appoint advisory boards, committees and commissions as may be deemed helpful and necessary to the City Council to assist in administering the City's operation and programs, including but not limited to parks, playgrounds and city planning. The City Council shall have full charge of the budgets for such purposes and shall by ordinance regulate the organization and duties of such boards, committees and commissions, and may provide that any monies acquired by donation, bequest or from leases or concessions, fines, or penalties shall be used in addition to the amount set aside in the annual budget out of the tax levy. ARTICLE IX Public Utilities SECTION 1 . The City Council shall provide by ordinance rules and regulations and make provisions for the control, management and operation of all public utilities owned and operated by the City, or which may hereafter be acquired by the City in the manner provided by law, or which the City may by law govern, control or regulate. SECTION 2. The City Council shall have power to arrange by ordinance for the financing and repair, replacement, rehabilitation or extension of any public utility owned and operated by the City, provided, however, that such financing shall be arranged upon the credit of the utility itself and not upon the issuance of general obligation bonds of the City. ARTICLE X 16 67 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. 17 68 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 18 69 repealed or until they expire by limitation. All rights and obligations in favor of or against the City existing at the time this charter shall go into effect and shall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines, penalties and forfeitures and all other matters relating to the City that may have been begun and not completed, shall be completed according to the law and ordinances existing prior to the time this charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this charter shall go into effect shall be collected as provided by the law existing and in effect at the time the same were levied. SECTION 3. At the election to be held for the purpose of adopting or rejecting this charter amendment, articles numbered Ito XIV, inclusive, shall be submitted upon the ballot as a complete charter and shall be included in the vote "For the Charter" and "Against the Charter," and in the event that a majority of all votes cast thereon, shall be "For the Charter" said charter shall be adopted. ARTICLE XV Civil Service SECTION 1 . The general purpose of this charter amendment is to establish for the City of Yakima a system of personnel administration based on merit principles and governing the appointment, promotion, transfer, layoff, removal, discipline and welfare of its employees, and other incidents of city employment. SECTION 2. The following terms, whenever used in this Article, shall be construed as follows: (a) "Commission" means the civil service commission herein created, and "Commissioner" means any one of the three members of any such commission. (b) "Appointing power" -- Appointing power means the officer or person, board or committee who is empowered to make appointments for employment in the city civil service. (c) "Appointment" includes all means of selecting, appointing, or employing any person to any office, place, position, or employment in civil service. (d) "City" means the City of Yakima, Washington. (e) "Employees" means all persons regularly employed by the City of Yakima, Washington, either on a part-time or full-time basis with the exception of those persons listed in SECTION 6. SECTION 3. There is created a city civil service commission, which shall be composed of three persons. The commission members shall be appointed by the City Council in the following manner: (a) One member shall be appointed by the City Council. (b) The second member shall be appointed by the City Council from a list of three names submitted to the Council chosen by a referendum of city employees, excluding police and firemen. The City Clerk shall conduct the referendum and shall formulate proper rules and regulations for said referendum. 19 70 (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 20 71 regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from time to time. Prior to adoption of new rules or changes in existing rules all interested parties shall be given an opportunity to express opinions concerning the proposed rules at the regular public meetings of the commission. (b) To give practical tests which shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical fitness or manual skill or both. (c) To make investigations and to report upon all matters concerning the enforcement and effect of the provisions of this Article, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, positions, and employments affected by this Article, and ascertain whether this Article and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of any citizen, duly verified, stating that irregularities or abuses exist, and setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission, or the chairman or chief examiner when authorized by a majority vote of the commission, may issue subpoenas to compel the attendance at such place as may be designated in this City of witnesses and the production of books and papers pertinent to any inquiry or investigation authorized by this Article; or may take depositions of witnesses. Subpoenas shall also be issuedusect 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. 21 72 (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 ManaggerAdministrator; (c) Employees under civil service coverage within the police and fire departments; (d) All department heads; one confidential secretary and one administrative assistant for each of the Mayor and City ag.. Administrator; (e) Judges, City Attorney and all assistant city attorneys; (f) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the City Council or a committee thereof, or by authority of the City ManagerMayor. SECTION 7. All appointments to and promotions to positions in the classified civil service of the City of Yakima shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person in the classified civil service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment, contrary to the provisions of this Article. SECTION 8. For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment hereof, all persons holding a position which is deemed classified under SECTION 6 for a continuous period of six months prior to the effective dates of this Article, and still currently employed, are eligible for permanent appointment under civil service to the offices, places, positions or employment which they then held without examination or other act on their part, and not on probation; and every such person is automatically adopted and inducted permanently into civil service, into the office, place, position or employment which he then held as completely and effectual to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. SECTION 9. The tenure of every person holding an office, place, position or employment under the provisions of this Article shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank, for any of the following reasons: 22 73 (a) Incompetency, inefficiency, or inattention to, or dereliction of duty; (b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this Article or of the rules and regulations to be adopted hereunder; (c) Mental or physical unfitness for the position which the employee holds; (d) Dishonest, disgraceful, or prejudicial conduct; (e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid, or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee or which precludes the employee from properly performing the function and duties of any position under civil service; (f) Conviction of a felony, or a misdemeanor involving moral turpitude; (g) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. SECTION 10. No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this Article, shall be removed, suspended, or demoted except for cause, and only upon written accusation of the appointing power or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused; and a duplicate filed with the commission. Any person so removed, suspended, or demoted may within ten days from the time of his removal, suspension, or demotion, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether the removal, suspension, or demotion was made in good faith for cause. After such investigation the commission may affirm the removal, or if it finds that removal, suspension or demotion was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position, or employment from which he was removed, suspended, or demoted, which reinstatement shall, if the commission so provides be retroactive, and entitle such person to pay or compensation from the time of the removal, suspension, or demotion. The commission upon such investigation in lieu of affirming a removal, may modify the order by directing a suspension without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer. All investigations made by the commission pursuant to this SECTION shall be by public hearing, after reasonable notice to the accused of the time and place thereof, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his defense. The subpoena provisions of SECTION 5 of this Article shall apply to all such hearings. If the order of removal, suspension, or demotion is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of the county wherein he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of 23 74 the record and of all papers on file in the office of the commission affecting or relating to its order, be filed by the commission with the court. The commission shall, within ten days after the filing of the notice, make, certify, and file such transcript with the court. The court shall thereupon proceed to hear and determine the appeal in a summary manner. Such hearing shall be confined to the determination of whether the order of removal, suspension, or demotion made by the commission, was or was not made in good faith for cause, and no appeal shall be taken except upon such ground or grounds. The decision of the superior court may be appealed to the Supreme Court. SECTION 11 . Whenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall requisition the commission for the names and addresses of persons eligible for appointment thereto. The commission shall certify the names of three persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment. In case of more than one vacancy in a particular class one additional name shall be certified for each additional vacancy. If there is no appropriate eligible list for the class, the commission shall certify the name of three persons standing highest on the list held appropriate for such class. The appointing power shall forthwith make its appointment to the vacant position from the list of persons so certified. To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment, or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of six months- probationary service, as may be provided in the rules of the civil service commission, during which the appointing power may terminate the employment of the person certified to him, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory for employment by the City of Yakima. Thereupon the appointing power shall select from the three persons certified as standing next highest on any such list and such person shall likewise enter upon said duties for the probationary period, until some person is found who is deemed fit for appointment, employment, or promotion whereupon the appointment, employment, or promotion shall be deemed complete. SECTION 12. All offices, places, positions, and employments coming within the purview of this Article shall be filled by the appointing power; nothing herein contained shall infringe upon the authority that the City Council may have to fix the salaries and compensation of all employees employed hereunder. SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this Article shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services, to any person subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or account for such salary, wage, or other compensation, containing the names of the persons to be paid, the amount to be paid, and any other information which, in the judgment of the civil service commission, should be furnished on such payroll, bears the certificate of the civil service commission, or of its chief examiner or other duly authorized agent, that the persons named therein have been appointed or employed in compliance with the terms of this Article and the rules of the commission, and that the payroll, 24 75 estimate, or account is, insofar as known to the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who willfully or through culpable negligence, violates or fails to comply with this Article or with the rules of the commission. SECTION 14. The commission shall begin and conduct all civil suits, which may be necessary for the proper enforcement of this Article and rules of the commission. The commission shall be represented in such suits by the city attorney. SECTION 15. The right of any person to an appointment or promotion or to any position in classified service of the City shall not be withheld because of his race, color, religion, national origin, political affiliation or belief, nor shall any person be dismissed, demoted, transferred or reduced in grade for such reason. SECTION 16. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service or promise or threaten so to do for giving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. SECTION 17. All officers and employees of the City shall aid in all proper ways in carrying out the provisions of this Article, and such rules and regulations as may, from time to time, be prescribed by the commission and afford the commission, its members, and employees, all reasonable facilities and assistance in the inspection of books, papers, documents, and accounts applying or in any way appertaining to any and all offices, places, positions, and employments, subject to civil service, and also shall produce such books, papers, documents, and accounts, and attend and testify, whenever required so to do by the commission or any commissioner. SECTION 18. The City Council shall provide in the city budget for each fiscal year a sum equal to one half of one per cent of the preceding year's total payroll of those included under the scope of this Article. The funds so provided shall be used for the support of the commission. The City Council may provide additional funds for such purpose; any part of the funds so provided and not expended shall be placed in the current expense fund on the first day of January following the close of such fiscal year. SECTION 19. This Article shall be full force and effect on and after the first Monday in June, 1959. SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be held to be invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase of this Article. 25 76 As adopted by vote of the people on February 11 , 2020. Effective January 1 of the year immediately following the first swearing in of a duly elected Mayor following the election enacting this charter. 26 77 SENT VIA ELECTRONIC MAIL October 22, 2019 City Council Members City of Yakima 129 N. 2nd Street Yakima, WA 98901 Re: Request to Reject Proposed Charter Change Abandoning Manager- Council Form of Government and Implementing a Strong Mayor System AMERICAN CIVIL LIBERTIES UNION FOUNDATION Dear Members of the Yakima City Council, -Washington It has come to our attention that the Yakima City Council is considering a measure to abandon the City's current Council-Manager governance 901 fill Ave, Suite Sea ttl V!A'z.? 6.4 system and replace it with a Mayor-Council structure. It appears that the (.,21-,N3)624-2184 Council is poised to rush this significant change to the City's charter through the political process,on the heels of resolving a multimillion- dollar lawsuit regarding the City's unlawful election system. For the Tana 1,..,f1) ettiari:i e'S t reasons stated below,council action to place the proposed charter change on the ballot opens the City up to legal liability and the immense costs of defending litigation once again. We write to urge the City of Yakima to Eiscuttfirs Driecti r reconsider. EmiY oir3c tor The issue of at-large seats has already been litigated in Yakima: in 2014, the U.S. District Court of Eastern Washington determined that such seats An t 0 tte Davis violate the Voting Rights Act. Monies v. Yakima,40 F. Supp. 3d 1377 r),..7;,/Trainer (E.D. Wash. 2014). The Court found that Yakima's election system ratrA ttc.,71.,?ys "which essentially converts each of the seven city council seats to a city- wide majority-takes-all election, has the effect of denying Latinos the schu s ter equal opportunity to participate in the political process and to elect Sttiff A ticutrit,iys candidates of their choice." Monies v. Yakima,No. 12-cv-3108,2015 WL 11120964 at *2 (ED. Wash. Feb. 17,2015). Legal'Feitioiiiv The Court not only determined that the City's election scheme as a whole violated the Voting Rights Act, but concluded that an election system that retained any at-large seat in Yakima would be "flawed in the same manner as the current electoral system because it dilutes the Latino vote against the majority population."Id. at *7.The Court further concluded that Latinos are excluded from an equal opportunity in city-wide seats, which "effectively preserve[s] the status quo that the Court has concluded violates Section 2 as it continues to allow non-Latino candidates to dominate those elections on a city-wide majority-takes-all basis." Id. at *8. As a result,the Court permanently enjoined the City of Yakima from administering, implementing, or conducting any future elections for the 78 Yakima City Council in which members are elected on an at-large basis. Id. at *10. The Montes ruling was supported by an extensive record regarding Yakima's voting population; a history of voting discrimination and suspect voting practices or procedures; marked disparities in socio- economic status; and the fact that not one Latinx person had ever been elected to a City-wide position. See Montes, 40 F. Supp. 3d at 1408-141 a. The Court's findings apply equally to any City-wide election,whether it is for City Council or Mayor. The City is still bound by this order, the proposal directly violates it,and the ACLU-WA is prepared to ensure that Yakima complies with it. See Montes, 2015 WL 11120964 at *11. In addition to opening itself up to expensive and time-consuming litigation, there is no evidence that a strong-mayor system is something Yakima residents actually want. In fact, voters in Yakima have already spoken on a strong-mayor system, striking down a similar proposal in 2011. Voters could have petitioned the Council for such a charter amendment in the 8 years since, but no such petition has surfaced. Thus, is it unclear why the City Council is considering such a monumental and costly charter change to the ballot now,let alone rushing it ough the political process with minimal legal analysis or constituency engagement. The City should put a Mayor-Council proposal on pause to allow for a comprehensive legal analysis and meaningful community engagement or reject the proposal outright. Sincerely, Breanne Schuster Staff Attorney ACLU of Washington Price, CaIIY To: Subject: Distribute Meeting All City Council comments received re elected mayor (aka strong mayor) November 5 Trixanna Koch, Yakima, trixannakoch gmail.con- I have been trying to write a letter -to -the -editor for an entire week, but I could not condense my thoughts into 200 words. Happily, I can E-mail my comments to the council, so here is a more -than - 200 -word comment. TK Cathy Coffey thinks we need an strong mayor because of the discord caused by the council's "district - centric mentality." Actually, before the ACLU stepped in, councils were more discordant; whereas healthy disagreement cause today's discord, past councils brought it on by deceit and dirty tricks. In 2007, there was "Blogger-gate," starring Rick Ensey, Bruce Smith's candidate; Councilman Incumbent, Ron Bonlender: and Rick Insey's wife, the blogger who libeled Bonlender. Headline: AP-- Newly Elected Yakima Councilman Urged to Resign Over Political Dirty Trick/ Wife smeared opponent in blogs. Nov 22, 2007 Then in spring of 2009. Council members "did this very political, two-faced kind of thing," according to Tim Schoenrock, the attorney who took them to court. Everett Herald (AP) May 8, 2009: "E-mails influenced Yakima budget talks..." "YAKIMA — Four Yakima City Council members worked together outside the public eye to agree to change the city's budget policy... " "The Yakima Herald -Republic said Friday that e-mails it obtained show that two council members, Rick Ensey and Kathy Coffey, worked with Bruce Smith, publisher of the Yakima Valley Business Times, to make sure they had support from a third councilman." (They were already county on Micah Cawley.) "'I want to make sure that we go in with an agreed-upon motion and an agreed-upon defense of the motion' Ensey wrote ... to Smith and Coffey." "Two days later, Ensey moved to approve the change. Council members Bill Lover, Cawley and Coffey" voted for the change." Unaware the vote was planned, one council member was so upset he refused to vote and resigned immediately. Motion passes, 4-2. YH-R Headline (4-15, 2009): Yakima City Council Member Neil McClure Resigns Mid -meeting November 4 Richard Stolz, Seattle, richo weareoneamerica.or. The undersigned organizations endorse the letter sent by the ACLU -Washington dated October 22 with regard to legal concerns over the proposed Mayor -Council form of government. These organizations join the ACLU -Washington in urging the Council to reject proposals to establish a Mayor -Council form of government. In addition, OneAmerica is very concerned that the recommendation before the Council does not appear to be the result of a comprehensive review of the Charter, nor does it appear to be the product of a robust community engagement process that would be commensurate to a change of this significance. Furthermore, rather than pursue a Mayor -Council proposal, OneAmerica urges the Council to examine how the City may ensure full representation in a manner consistent with the federal court order that established single member Council districts in the City of Yakima. If you have any questions, please send them to Rich Stolz, Executive Director of OneAmerica (rich v eareoneamericaror+ (206) 723-2203). Rich Stolz, Executive Director 1 OneAmerica Additional signatories to the ACLU -Washington Letter: Dori Peralta Baker, Chair Asian Pacific Islander Coalition -Yakima Cindy Black, Executive Director Fix Democracy First Annie Benson, Senior Directing Attorney Washington Defender Association Paul Benz, Co -Director for Policy & Programs Faith Action Network Cheryl Berenson National Council of Jewish Women (NCJW) WA State Policy Advocate Shannon Murphy, President Washington Conservation Voters Darcy Nonemacher, Government Affairs Director Washington Environmental Council Marcos Martinez, Executive Director Casa Latina Karl Eastlund, CEO Planned Parenthood of Greater Washington and North Idaho Alissa Haslam, Executive Director WinIWin Action Faaluaina Pritchard, Executive Director Asian Pacific Cultural Center Diane Sosne, President SEIU Healthcare 1199NW George Cheung, Director More Equitable Democracy Anita Quintana Yakima Community Integration Committee Member Rick Polintan, Board President Asian Pacific Islander American for Civic Engagement (APACE) Rocio Carri�n, Executive Director I AM Empowerment LLC Estela Ortega, Executive Director El Centro de La Raza Aaron Ostrom, Executive Director FUSE Washington Criss Bardill, President Yakima County League of Women Voters Isabel Garcia, Yakima, chabeli5314qmail.com I am writing in opposition of the proposed Strong Mayor proposal due to lack of representation of our community. Our City population demographic is 50% Caucasian and 50% or higher Latino being the higher minority (majority) group. A Strong Mayor will not be representative of our community population and only benefit special interests. This proposal will further divide our city and may cost additional unnecessary legal fees paid by tax payers. What is wrong with the current system we have? Why the need to change now? What is the urgency? There has not been transparency behind the decision to make the proposal and I have not heard one good reason to change our form of government. Please reconsider your proposal and think of a solution to benefit the entire community not just a few. Thank you October 23 Jonah Christian, Yakima, rebosarAymail.com Thank you for serving our city! I thank you for what I imagine must be a thankless job. My wife and I love this city and hope to see it thrive! My wife and I are utterly grateful for representing us. You've sacrificed something to perform this essential duty in our local government! I am writing because I am troubled by recent developments to move our city toward a costly lawsuit through the strong mayor proposal. Please use your good judgement and thoughtfulness when moving forward on this issue. I am confident you will do what is in the best interest of Yakima. I suggest that you consider not spending my taxes on a ballot question. October 22 Mike Gempler, Yakima, mike erri ler # msn,corn I am writing as a resident of the City of Yakima, District 7, to support the City Manager form of government in Yakima.. The City Manager form of government is more representative of the residents of Yakima and I believe it to be more responsive to the residents' needs. The city manager form of government also avoids placing an entire new layer of politics on top of what already exists. I urge you to support our current form of city manager government, and to reject the strong mayor system. The strong mayor system is not a panacea, as some people in our community seem to believe. Cally Price Assistant to the City Manager City Manager, Mayor, and Council office 129 North 2nd Street Yakima, WA 98901 Phone: 509-575-6040 Fax: 509-576-6335 www.yakimawa.gov 3 Columbia Legal Services Working for Justice Since 1967 columbialegal.org November 4, 2019 Yakima City Council 129 North Second Street Yakima, WA 98901 Re: Reject Council Initiated Proposed Charter Change — Strong Mayor Will Erode Equal Opportunity of Protected Class to Choose Government of Their Choice Dear Yakima City Council Members: We write to urge the Council to reject the proposed change in City Charter which would erode the equal opportunity of Latinx voters to elect district leaders of their choice, as required by Montes v. City of Yakima, who then choose the city executive. The voters may request such a change in governmental structure, but there is no such push from the broader community. In fact, the voters rejected a similar proposal in 2011. While a strong mayor system may work for other communities, given the City's history of voting rights act violations and ongoing issues outlined below which trigger additional factors above and beyond the court findings in Montes, Council action at this juncture is likely to trigger new civil rights litigation. Many, if not all, of the factors recognized in Montes continue to burden our city today including: the history of voting -related discrimination; racially polarized voting; and the effects of past discrimination in areas such as education, employment and health which hinder the ability of the Latinx community to effectively participate in the political process. See Montes, 40 F.Supp.3d 1377, 1409-13 (2014). Since Montes the Washington voting rights act of 2018 was passed, incorporating similar factors to establish voting rights act violations and providing for attorney's fees. RCW § 29A.92.030 & .130. In addition to the ongoing concerns documented in Mantes, there are three factors which present serious risk of voting rights act violations stemming from possible Council action on the strong mayor proposal. These are: 1) the use of overt or subtle racial appeals in political campaigns; 2) the extent to which elected officials have been responsive to the particularized needs of the minority group; and 3) the policy underlying the challenged practice or procedure. See 40 F.Supp.3d at 1388 (summarizing the "Senate Factors"). While the Court in Montes determined there was a violation without relying on evidence of race -based appeals, that evidence is abundant in the current District One campaign. The Montes Court did not analyze the second and third factors, which as examined here, present strong additional evidence in support of voting rights act violations. Olympia 711 Capitol Way 5, Suite 706 Olympia, WA 98501 (800) 260-6260 Tri -Cities 7103 W Clearwater Ave, Suite C Kennewick, WA 99336 (888) 201-9735 Seattle 101 Yesler Way, Suite 300 Seattle, WA 98104 (800) 542-0794 Wenatchee 300 Okanogan Ave, Suite 2A Wenatchee, WA 98801 (800) 572-9615 Yakima 600 LarsonaBuiidirg 6 South Second Street Yakima, WA 98901 (800) £31-1323 Yakima City Council & Interim City Manager November 4, 2019 Page 2 of 3 There is Evidence of Racial Appeals in City Council District One Campaign This letter does not provide an exhaustive analysis of the racial appeals factor, but even a cursory review of the campaign in District One demonstrate appeals to race that would support voting rights act violations. Mr. Gartrell was engaged in an altercation on election night in November 2018, in which racial slurs were reported. In addition, in a recent social media post, Mr. Gartrell made a veiled reference to his opponent in the District One race and current representative of that district, both Latinas, as "haters and political takers." Current City Council member Jason White has made explicit appeals to race alleging on social media an "all out race war" and advocating for "a caucasian" to win to destroy "their narrative." This limited examination demonstrates appeals to race, which could be used to establish this factor in support of voting rights act violations. Council Has Been Unresponsive to Concerns of Latinx Community We highlight just two examples of how the Council has been unresponsive to the particularized needs of the Latinx community: 1) rejection of the welcoming city and inclusive policing initiatives; and 2) refusal to stop ICE flights at the Yakima airport. In early 2017, the City Council voted against a proposed welcoming city on a 4-3 vote with the then three Latina council members in the minority and all four white council members against. The debate related to these issues continued into the summer of 2017 with strong community participation and interest. In an attempt to quell community discussion, the Council voted to end consideration of the issues while Council Member Mendez was absent. As a result of a threatened lawsuit by our firm, the Council took another vote on the issue, but the inclusive policing discussion did not continue, and no legislation ultimately passed. This issue was subsequently addressed by the State legislature with the passing of Keep Washington Working (SB 5497) in May 2019 which prohibits law enforcement from questioning individuals about their immigration status. Earlier this year in July, there was significant community outrage and pleas to stop the ICE flights which were transferred to Yakima after King County refused to provide services to aid immigration enforcement authorities. The Council voted against the proposal to stop the flights, 4-3, after over an hour of public comment in which the vast majority of those commenting spoke against the flights. Council members Funk, Gutierrez and Mendez were in the minority, with the remaining four white council members voting against. This issue has continued to be a focus of the District One campaign. These two prominent examples of lack of responsiveness to the needs of the Latinx community may be used as evidence to demonstrate voting rights act violations. Yakima City Council mInterim City Manager November 4,xuo Page 3 of 3 Policy Justification for Change is Tenuous and Procedure Deviates from Past Practices The Montes court did not examine this factor, but it would be analyzed in a voting rights act challenge based on a Council initiated change in government. As stated above, there is no community groundswell for this change. The City has not established a committee to review this issue and has not held a public hearing. This lack of process deviates significantly from procedures recommended and followed in the past. When a similar proposal was advanced in 2010-11 the Council gave notice and convened a public hearing about the possibility of changing to a Mayor -Council form of government. In addition, the acting city manager at the time also recommended that a Charter Committee review the proposa and make a recommendation regardin amending the City charter. Here, neither step has been examined, proposed or executed. The Council has not permitted all voices reflective our diverse community to be heard. The lack of justification for the change as well as procedural deviations may be used as evidence to demonstrate voting right act violations. Considering the unique history of voting discrimination in Yakima and the reasons above,we urge the Council to allow the citizens of Yakima to decide whether a change in the City charter should be submitted to the voters and avoid the polarization and expense of civil rights litigation when our community has so many urgent, unmet needs including affordable housing, basic infrastructure and ensuring access to our representational government free from discrimination. Respectfully submitted, COLUMBIA LEGAL SERVICES Alfredo Gonzalez Bertez Lori Jordan Isley Attorneys at Law C: Cynthia Martinez, Interim City Manager UCLA November 5, 2019 Latino Policy & Politics Initiative Dear Yakima City Councilmembers, 1,t'SKIN SCI1001. 0I, PI -131,1C ANVAlltS UCLA Voting Rights Project 32=i0 flaits Building 1,0s ,A ngcl es , ( 9()0)3 -1656 The UCLA Voting Rights Project ("VRP"), a program of the UCLA Latino Policy and Politics Initiative ("LPPI"), as part of its mission to engage the university and its faculty and students in important legal issues affecting the right to vote, is aware of the issues raised by the Columbia Legal Services ("CLS") as described in their letter of yesterday. Our project consisting of faculty, students and legal professionals, have given careful consideration to the conditions in Yakima including the historical conditions that give rise to the Council's consideration of changes to the City's Charter. We share the concerns of CLS and others that proceeding with these Charter changes would violate state and federal law. The Council should not proceed to implement the Charter changes that are clearly designed to deprive racial minorities from reasonable voting power recently granted them under the Montes decision, under federal Voting Rights Act, The Council should make itself aware of the case of Pasadena, Texas that recently tried similar maneuvers to deprive Latino citizens of the right to vote. In Pasadena, after a long and expensive lawsuit, the federal court ultimately ruled against Pasadena and ordered the city to obtain preclearance of any arid all voting changes in the future. See, Voting Rights Act, Section 4. The UCLA VRP will continue to monitor the City of Yakima, in partnership with the Columbia Legal Services and other stakeholders, and will proceed as is necessary to prevent any attempts to weaken or dilute the votes of any citizens in Yakima. Sincerely, Matt A. Barreto, Ph.D. UCLA Professor Political Science & Chicano Studies Faculty Director, Latino Policy and Politics Initiative (LPPI) ) ) ti,„14,11, Chad W. Dunn, JD Director of Litigation, UCLA Voting Rights Projects Distributed at thee , Ay Meeting i/.�iq /.� FiA Elected/Executive/"Strong" Mayor Proposal Kay Funk, MD Yakima City Council, District 4 November 5,2019 A Few Thoughts About Politics "No-one pretends that democracy is perfect or all-wise,"Winston Churchill observed in 1947. "Indeed,it has been said that democracy is the worst form of Government except all those other forms that have been tried..." "...being the managers rather of other people's money than of their own,it cannot well be expected that they should watch over it with the same anxious vigilance with which[managers will]...frequently watch over their own. ...Negligence and profusion, therefore,must always prevail..." —Adam Smith,The Wealth Of Nations(1776) "There is no Democratic or Republican way to pick up garbage."-Fiorello LaGuardia. Montes, et al. v. City of Yakima "In the final analysis, there is only one rational conclusion to be drawn from the undisputed evidence recounted above:that the non-Latino majority in Yakima routinely suffocates the voting preferences of the Latino minority. In reaching this conclusion, the Court does not mean to suggest that non-Latinos are deliberately conspiring to outvote their Latino colleagues, or that the City has engaged in any wrongdoing. To reiterate, intent is not a relevant consideration..." --Hon.Thomas O. Rice,United States District Judge,August 22,2014 Public Concern Letter: To avoid waste and corruption, Yakima needs to reject strong mayor form of government To the editor—Strong mayor forms of government are well known for scandals and dysfunction.Check out the political histories of Seattle, Spokane, Lynnwood and Wapato over the past 15 years,for example.Union Gap improved significantly after changing to a city manager. Cities that embrace a high quality of life tend to prefer the city manager form of government,like Bellevue, Kirkland,Vancouver, Richland and Walla Walla,to name a few.Yakima's current elected City Council can save local citizens tens of thousands of dollars by avoiding an unnecessary ballot issue.Thousands more in precious private donations won't be wasted on ads and arguments raging between aspiring politicians who often favor wealthy donors above ordinary citizens.Smart cities know that professionalism is a much higher standard than cronyism. Professionally qualified managers regularly apply to work in communities that are committed to spending their resources on services for deserving taxpayers rather than the special needs of politicians. Sending a strong message in the form of a resounding no to strong mayor will assure the best opportunity for Yakima to avoid needless waste and achieve a successful future. JO N. MILES, Yakima Letter: Before Yakima goes to a strong mayor, it needs to reflect on what happened in Wapato To the editor—As Yakimans consider whether the city should have a'strong"mayor,they should look to the city of Wapato for a cautionary tale. • Consider the mayoral candidacy of Keith Workman, who has served on the Wapato City Council since 2016. In an interview reported by the Oct. 19 YH-R, he was asked what his first priority would be should he win election. He answered, "My first priority should I be elected will be getting an accurate accounting of where Wapato stands financially." He has served on the council for three years, and he doesn't have an accurate accounting of Wapato's finances? How can that be? The city of Wapato has a"strong mayor,"and it's clear that the mayor,both the current one and her predecessor, have kept the council in the dark.The council has been helpless in efforts to rein in her excesses.The council doesn't know what's going on. Should Yakima approve a strong mayor,be assured the city council will comparably be left in the dark. ROGER CARLSTROM, Yakima Letter: Yakima voters already rejected a strong mayor government; it's time to move on To the editor—I am wondering what it is about democracy the Yakima City Council doesn't understand.The citizens of Yakima have already voted down a strong mayor form of government,and now it is the responsibility of the City Council to move forward with more pressing issues. If we are revisiting past"no"votes,any chance the council will reconsider the plaza?Not likely!Any council member who wants the taxpayers to fund another redundant and costly election while pretending that a balanced budget is their highest priority is, in my opinion, simply a hypocrite. If someone thinks a strong mayor system would be an improvement,they should consider a professional selection process where the candidates qualify by kissing the most babies.The city will continue to get the"leftovers"of the city manager candidate pool as long as our City Council is unwilling to embrace and endorse the city manager position. No wonder our assistant city manager—who,by the way.is doing a great job—isn't interested in the manager position. Would you apply for a city job the City Council wants to eliminate?It's that simple. Let's move forward. MIKE HILER, Yakima Letter: Yakima City Council needs to kill strong mayor proposal To the editor—Thank you, Ed Stover,for your Oct. 23 letter exposing the power grab behind the move to adopt a strong mayor system in Yakima.Apparently,the troubles in neighboring Wapato,where a helpless City Council watched in dismay as a strong mayor brought the city to its knees,encouraged Bruce Smith and his acolytes to bring the idea back to Yakima. What explains Smith's preoccupation with the form of government in our fair city?Business interests? Not good enough. Being a kingmaker and controlling City Hall?Much more likely. As Stover said,this is a very bad idea.The current City Council should starve it of oxygen and get on with governing our city. PHILIP TRAUBE, Yakima Letter: Strong mayor proposal needs to be revised To the editor—A federal court ruled that each city council district shall elect its own council member. Before that, district voters nominated two candidates.Then the entire city voted in the general election to choose the district's council member.To be elected, candidates had to emphasize the issues more relevant to the west side of town. As a former council member, I can say issues affecting Yakima's east side often took a back seat. Over the years,an attitude of"why bother" grew on the east side, resulting in a very low percentage of its citizens voting. Malcolm Gladwell's book"Talking to Strangers"points out one characteristic of a high-crime spot: It's more likely to have residents who don't vote. Electing mayors citywide has an appeal. However,the current proposal provides the mayor veto power,and overturning a veto would require five out of seven council members. City managers must maintain the confidence of four council members.Mayors only need three votes out of seven.The five-out-of-seven requirement sets an exceptionally high bar,once again risking one interest dominating while other interests take a back seat. Revisions need to be made before going forward. • DON HINMAN, Yakima Letter: Strong mayor, big money have been bad for Spokane To the editor—Yakima residents,please don't rush to adopt a strong-mayor form of government.As a former resident of Yakima. I still follow closely all that happens in your city and fear big money will try to buy City Hall. After experiencing a strong-mayor system in Spokane, I can testify that you don't want it.Since switching away from a city manager over two decades ago,Spokane has suffered a string of politicians running the city,all with little or no experience leading a business or government entity. Adopt a strong mayor system and you'll have what we are now facing:a million-dollar campaign for our next mayor.The two candidates competing to run Spokane are awash in campaign contributions from either the left or right in what has become the biggest money race in this city's history.Whoever wins will be beholden to their donors. A city the size of Yakima with its many departments and employees needs a professional manager in charge,not a politician. TOM LEE, Spokane i Distributed at the PETITION OPPOSING THE STRONG MAYOR Meeting -05- Bel We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing— why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 1. �/ �c/ K , vta C\ 2. Vae/km44.1 �. 17, Li__ 4. 5. /6 \I 66 M.LN 6. 7. 8. 9. 10. PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects 'needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing — why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 2. . 3. ("l�lZC��C� �1 �l( ' VIA off. 4. C11 CPA Cl` i akl ort 5. 104100 ` 1t2 6. 7. WV V—l/ CI4 R; vuxdsk It- Z 8. c, e� J ( q9 )-e n G►r re 9. - - r -- 10. PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it (Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. (There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing — 'why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 1. / "�'� i/x 71 2. ')// of 3. d c()(7,46-0 4. d CW1M-k "tZ 5. C5pAre-4-0,-- beti 544 11 6. eAs-- c). -\,(?\) A, c) 0 \ rxk(. ‘" 1-0--. D -rtr('-(6 7. i\(\ek\rk' (`'c� S4,a_w\l {e- 44t• vv (1`- D ,5 vk . CV �b CA �8. =z 9• PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing — why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # VCirS 2. CORA4 Yck,V r ttt 4. /U rjeS Z f fvuA //y 5. r s//r) Ork-/ m 4 6. 3 JC(_ Cis )/d F915 rnq # 7. !4\1(5 e-- 8. 01 0/SA A(r—)(10-11V 9. so. , PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District #2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima-debt burden, unmet infrastructure and neighborhood needs, housing- why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 1. 16:f—e0_>Gr d 1-2- Y4 ki M G� i / 2. kt. o��-, r.x / Q ici AA c>k .a 3. Cecil VIc - .yam W1 °141 a- 4. t 1/975)4,,,,,,y•.. \Pti ii,e-- q ------ 5. _ i _✓✓r1G% 6-it 0 c.Z, Ya / ;,-)1 C oC. 6. &_0_ d:,,v/ a (11.-4. 0 CS/- - Vat K k vv_i4 , -Z________________ 7. it) CI l eA-' 7:4C-0 (---,-- (._( 7.6/� 8. \(\i\-AAJIA - v c) ,. 9. ckr\ (A ( kc ,A(\V din 4 2_ io. c).--)A\--);Atri2 q).--4\1,:tb N1\6(.,-k_A _L. ' 2 PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing— why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # ,_ 1. Ped -)-, . /() re.- - 8460(\ tivo 1 2 . 2. t (-/;3 5 01 )71C he VA 1 NA of J . \) (m/0 ryl os ,,---- ktc.(1-L.f%',6 J 4. (_r M P-I(OL K: M 0 7- 5. Cg4A4 .-- 61•11,/dZ / .7 ,CrA.fry.A 2 .I ,, 6. MY .() cMOO( k a. L Ck A kf ry-) a c2 7 -ems v\N‘C r.V it rno. -4. 8. \(`9.,.�ot ._ v...-w-sc`c\s \r-\my- 9. 'OwNai ?U(C_--/---- 1 ck k\ 11n.C (D-- 10. e< „,‘r,.. b c .1;\Cti yCI Ili c m.A 2_ r I /I PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District #2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing— why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # — (� r. 1. 5Cv V X0(�X U /1 k . ,M C� 2. V1 V6C S1.1 K tivi 3. 104\rixe/— 5. L a, e!o C'j [-4 ('DVN C S C( r rY) (A.... 6. ct) riser 7 8. 9. 10. 1 PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing— why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). „‘\ Signature City District # • 1. tel M; VRA C)(rt-E O-l-nflQL 2. 71')W 0efr//. /71a_ g/c1 l vy A 14. 4. 5. r.R e t a (j ("k 6. tl - � -- 761 7 /( i.. (4. Z i 8. LAAtcra lath 9. 0 , ,,?t, 10. v c), \-e G PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing — why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 1. EdLL�t .1 rd zv4" ,I G 14-1 MG o2 2. 3. /d / .PX &I ( 4. -10St 3 ckr 3IOYZCrrl0 lCtL1rnc> 5. ictoc N- 50o r ZanO \kxk-‘m c� 6. /"`-'I./J7iZ-r."t LlX �Cz 't 7. j Cfi C-°t [y Fari q s yeliCrn'►a 8. !< reri tCI - o,dO ` A% , CI}+ io' 9. Ore/;a aIrc - � � - yo(ooIrad YYI Gt PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima-debt burden, unmet infrastructure and neighborhood needs, housing - why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # 1. talk, 2. /1-46t-co._ k(0..`Vcx rrp 3 4.11, 0, 0. , Et_ •ktiv6 2---- 6. 7. 8. 9. 10. 9 PETITION OPPOSING THE STRONG MAYOR • We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. 1Ne have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. . I The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing— why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District # • r1 2. 1-d---)WIA, VI 3. lamytkICS- 4. ,l�i \ 15., G 1)'e.A G.J .s,�-a�C.•� bit II— 5. 6. 7. 8. 9. 10. PETITION OPPOSING THE STRONG MAYOR We the undersigned residents of District#2, do hereby certify that by signing this petition. We are asking Council Member Jason White who represents District#2, to vote NO for a charter Change (Strong Mayor) Also, your Refusal Not to Fund The Henry Beauchamp community Center for improvements is unacceptable, it Helps the most vulnerable neighborhoods in our city, economically, educationally and socially. We have been not see you advocating for a new pool project next to WA Middle school, is one of the projects needed in District#2 instead of seconding a motion to bring back a Charter Change. The Federal Judge found the city of Yakima was upholding Institutional Discrimination against the Latino Community in Yakima with the city-wide elections. . It will lead to more expensive, unnecessary litigation. There are more pressing issues facing Yakima—debt burden, unmet infrastructure and neighborhood needs, housing — why is Council wasting time on this issue now, even going so far as to waste tax payer money on a special election? Council Member White as my representative we urge you to vote a NO on Charter Change. (Strong Mayor). Signature City District# 1. /-7 ,46 A-cjc.f Wil(( yvvot 2 3. 4. 5. 6. 7 8. 9 10.