HomeMy WebLinkAbout04/19/2011 04B-5 City Charter Amendment for August 16, 2011 Municipal Election BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No. L i 6 - S
For Meeting of April 19, 2011
ITEM TITLE: Resolution providing for submission to voters of a proposition for approval of
Amended Charter of the City of Yakima, to be scheduled for the general municipal election to
be held August 16, 2011; and approving ballot title.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON / TELEPHONE: Jeff Cutter, City Attorney - Phone (509) 575 -6030
SUMMARY EXPLANATION: The Resolution presents a proposed Amended Charter, with
amendments to Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV and XVI, with proposed
repeal of Article XV pertaining to City Emergency Hospital. The amendments conform the
Articles to state law, and provide ancillary and corrective amendments throughout (i.e.,
changing "City Commission" to "City Council," etc.). The Resolution incorporates the
proposed amended Charter as reviewed and recommended by the Council committee
appointed to review. The Resolution includes a ballot title for the proposition and directs the
County Auditor to place the proposition on the regular municipal election date of August 16,
2011.
0 Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source S
APPROVED FOR SUBMITTAL: S `\�. ( City Manager
STAFF RECOMMENDATION: Approve the Resolution.
BOARD /COMMISSION RECOMMENDATION: Proposed Amended Charter was reviewed by
the City Council committee appointed for such purpose. The committee recommends
approval for submission of the proposed Amended Charter to the voters of the City of Yakima.
COUNCIL ACTION: Adopt the Resolution.
0
O RESOLUTION NO. R- 2011 -_
• A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the
submission to the voters of the City of Yakima a Proposition on whether
Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, and XVI of the
Charter of the City of Yakima should be amended to make corrective
amendments throughout, conforming to state law provisions regarding
elections and compensation of elected officials, initiative and referendum,
purchase of supplies, material, equipment and services, limitation of
taxation, appointment of advisory boards, claims for damages, granting of
franchises; repeal of Article XV pertaining to City Emergency Hospital;
approving ballot title; making ancillary and corrective amendments
throughout the Charter; and requesting the Yakima County Auditor to
submit the Proposition to the voters on the regular municipal election to be
held August 16, 2011.
WHEREAS, Chapter 35.22 of the Revised Code of Washington (RCW) authorizes first
class cities of the State of Washington to amend and revise their charters upon approval by a
majority of the qualified voters of the city voting in a general or special election called for that
purpose; and
O WHEREAS, an amendment of the charter may be initiated by the City Council through
the approval of a resolution requesting that a proposition be submitted to the qualified voters in
the City to decide whether the City should adopt an amended Charter, with amendments to
Articles I, II, Ill, IV, VI, VII, VIII, IX, X, XI, XII, XIII, XIV and XVI, conforming to state law
provisions regarding elections and compensation of elected officials, initiative and referendum,
purchase of supplies, material, equipment and services, limitation of taxation, appointment of
advisory boards, claims for damages, granting of franchises; repeal of Article XV pertaining to
City Emergency Hospital; making ancillary and corrective amendments throughout the Charter;
and
WHEREAS, the City Council further finds and determines that such amendment should
include the repeal of Charter Article XV which provides:
ARTICLE XV .
City Emergency Hospital
The City shall have the power and authority to provide for the establishment,
.maintenance and operation of an emergency hospital, either in conjunction with
the County of Yakima, or separately; and the City Commission of said city, may
, in lieu thereof, designate some existing hospital within the city limits as a city
® emergency hospital, and provide by ordinance for the treatment of emergency
accident patients therein, at the expense of the City of Yakima.
1
As adopted by vote of the people, December 5, 1936;
which Article is superfluous to the needs, uses and purposes of the City of Yakima; and
WHEREAS, the City Council desires to hold an election in the City of Yakima on the
regular municipal primary election date of August 16, 2011, for the purpose of submitting to the
qualified voters of the City the proposition of whether the City of Yakima should approve the
amended Charter as described above, all as set forth in the proposed amended Charter
attached hereto as Exhibit "A;" and
WHEREAS, the City Council finds and determines that the best interests and general
welfare of the City of Yakima would be served by submitting to the qualified voters in the City
the proposition of whether the City of Yakima should approve the amended Charter as set forth
herein, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The proposition to be submitted at the August 16 regular municipal primary election
shall be in the form of a ballot title as follows:
PROPOSITION NO. 2
ADOPTION OF AN AMENDED CHARTER OF THE CITY OF YAKIMA
PROPOSITION NO. 2 concerns an amendment of the City of Yakima Charter.
This measure amends Charter Articles I, II, III, IV, VI, VII, VIII, IX, X, XI, XII, XIII,
XIV, and XVI, conforming to state law provisions regarding elections and
compensation of elected officials, initiative and referendum, purchase of
supplies, material, equipment and services, limitation of taxation, appointment of
advisory boards, claims for damages, granting of franchises; repeal of Article XV
pertaining to City Emergency Hospital; making ancillary and corrective
amendments throughout the Charter. Should this proposition be approved?
YES
NO r 1
2. The City Clerk is authorized and directed to file a certified copy of this resolution with
the Yakima County Auditor.
2
3. The Yakima County Auditor is requested to call and conduct an election to be
held in the City of Yakima on the regular municipal primary election day of
August 16, 2011, for the purpose of submitting to the qualified voters of the
City of Yakima the proposition set forth in Section 1 above.
4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this
resolution.
ADOPTED BY THE CITY COUNCIL this day of April, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jeff Cutter, City Attorney
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ARTICLE
• 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
1 would be lawful for said charter specifically to enumerate. All powers of the eCity,
whether express or implied, shall be exercised in the manner prescribed by this charter,
or if not prescribed herein; then in the manner provided bylaw, ordinance or resolution
41) 1 of the sCity sCouncilom sign.
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•
ARTICLE II
Officers -- Council- Manager Form of Government
SECTION 1. A. The elective officers of the City of Yakima shall consist of seven Council
members, who shall be residents of the City, who shall constitute the Council, and one
of whom shall be the Mayor chosen as provided by SECTION 3 of this Article II. One
Council member shall be elected from each of four separate districts of the City, and
three Council members shall be elected from the City at large without regard to
residence in any particular area of the City, by the qualified electors of the City, all at the
times and in the manner hereinafter provided. The Council members so elected shall
constitute the governing body of the City.
B. (1) The City shall be divided by ordinance of the City Council into four districts as
nearly equal in population as practicable based on 1970 federal census -d-ata -end -on
aetu_ egg- _ 'e- _e. of ar as a- - - e e •- _.. _= e ucnt to the 1970 federal
census whi -• _ _- _ e.-•e . - -e e - e e -• - ■e - . ' -- . •
e.. - - e -- •-_ •e. _ ....g. - _ 'e• e . -- e e. ..e • . • '. On the
publication of the results of each decennial federal census, the City shall be redivided
by ordinance of the City Council into four districts as nearly equal in population as
• practicable, which redivision shall be accomplished so as to be effective not less than
ninety days prior to the municipal primary election to be held next following the
publication of census results for nomination of candidates for "district positions" on the
Council, as defined in Subsection C (12) of this SECTION.
•
On the division or redivision of the City into districts as provided by this subsection, any
territory thereafter annexed to the City and contiguous to only one then existing district
shall be added to and constitute a part of that district; and if annexed territory is
contiguous to more than one then existing district, the annexed territory shall be divided
into segments, as nearly equal in population as practicable, according to the number of
then existing districts contiguous to the annexed territory and each segment shall be
added to and constitute a part of its then existing contiguous district.
(2) Whenever the population of any district exceeds the population of any other district
by more than ten percent, the City Council shall by ordinance redivide the City into four
districts as nearly equal in population as practicable; provided, that any such redivision
shall be accomplished so as to be effective not less than ninety days prior to any
municipal primary election for Council members to "district positions" as defined in
Subsection C (12) of this SECTION.
C. (1) -- - •
_. - - ' :- _ .- •-* - -- . - • -- __.. .. -. _-
G+tyT
(2)-Not less than ten days before the time for filing declarations of candidacy for the City
Council for the election to be held in the year 1979, the City Clerk shall designate by
consecutive numbers, commencing with the number one and ending with the number
four, the positions on the Council to be filled by candidates nominated from districts, and
such designations shall be thereafter permanently considered as separate offices for
election purposes as "district positions" according to their permanently designated
number. At the municipal election to be held in the year 1979, eight candidates shall be
nominated from the four districts, as follows: Candidates for "district positions" shall file
their candidacy for nomination by the electors of the district wherein each candidate,
respectively, resides. At the primary election, each qualified voter of each district may
cast only one vote for a candidate. The names of the two candidates from each district
for whom the largest number of votes are cast at the primary election shall appear on
the citywide general election ballot, and the one candidate from each district who
receives the highest number of votes, as cast by the citywide electorate at the general
election, shall thereby be declared as duly elected to each respective "district position"
as a member of the City Council.
(23) Not Tess than ten days before the time for filing declarations of candidacy for the
City Council for the election to be held in 1981, the City Clerk shall designate, by
consecutive numbers commencing with the number five and ending with the number
seven, the positions on the Council to be filled by candidates to be elected from the City
at large without regard to residence in any particular area of the City, and such
designations shall be thereafter permanently considered as separate offices for election
purposes as "at large positions" according to their permanently designated numbers.
• D. (1) Council members shall be elected for four -year terms. On the expiration of those
terms, succeeding elections shall be conducted so that three Council members are
elected at large without regard to residence in any particular area of the City and four
Council members elected to "district positions" in the manner provided by Subsection C
of this SECTION.
(2) In the event any Council member elected or appointed to an "at large position"
moves that member's place of residence outside the city boundary, or in the event any
Council member elected or appointed to a "district position" moves that member's place
of residence outside the district from which that member was nominated or appointed,
1 then that Council member shall thereby- forfeit the office of Council member and the
position held by that member shall be deemed to be vacant. In the event a vacancy
occurs for . any reason in the Council, the vacancy shall be filled by the . appointment of
some qualified person by a majority vote of the remaining members of the Council, but
such appointee shall hold office only until the next regular municipal election, at which
time a qualified person shall be elected to serve for the remainder of the unexpired term
for that position. If the vacancy occurs in.a position held by a Council member originally
nominated or appointed from a district, then the appointee shall be a resident of that
district and the Council member who is elected to serve for the remainder of that term
shall be a resident of that district and shall be nominated and elected in the manner
provided by Subsection C (12) of. this SECTION.
0 E. Provision for the time and manner of election of Council members, and the conduct
of such biennial elections shall be governed by general state laws, by this charter, and
by applicable ordinances of the City as they may be enacted from time to time. Al
SECTION 2. The Council shall constitute the legislative branchoepa-rment and authority
of the City government and shall have power to adopt rules of order and regulations for
the conduct of its business.
SECTION 3. The Council shall choose its own chairman at its first meeting and at the
first meeting after the subsequent biennial elections. The chairman shall have the title of
Mayor during the biennium for which he is chosen. The Mayor shall preside at all
meetings of the Council and shall also have the powers and perform the duties
conferred and imposed tien - him -by this charter and the ordinances of the City. $eThe
Mayor shall be recognized as the head of the City for all ceremonial purposes and by
the Governor for purposes of military law. I =leThe Mayor shall have no regular
administrative duties but in time of public danger or emergency shall, if so authorized
and directed by a majority vote of the Council, take command of the police, maintain
order and enforce the law. 1=leThe Mayor shall also have the rights, privileges and
immunities of a member of the Council with the right to vote as another member thereof.
If a vacancy occurs in the office of Mayor, or in case of histhe Mayor's absence or
disability, a Mayor pro tem shall be elected by the Council from its members to act as
Mayor for the unexpired term or during the continuance of the absence or disability. T-he
•
Mayor chall appoint one of the duly elected jucticcs of the peace in the City of Yakima
- -- - - e e- - e - . -- - - -- .
SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be
vested in the Council. The Mayor and beach member of the Council shall receive
compensation as established by Ordinancethe sum of $5.00 for each regular and
a -e- - - - e - e e. _ _ - ---e e -9.92 e • e �� -
-** - " • e - = • Members of the Council shall be
qualified electors of the City and any member ceasing to possess any of the
qualifications specified in general law or in this charter or convicted of crime involving
moral turpitude while in office shall immediately forfeit his office.
SECTION 5. The Council shall meet at the times and places fixed by ordinance, but
must hold at least two regular meetings each month. The Clerk shall call special
meetings of the Council upon request of the Mayor or any two members. Requests for
special meetings shall state the subjects to be considered and no other subject shall be
considered at a special meeting except by consent of all members of the Council. All
meetings of the Council and of committees thereof shall be open to the public, and the
rules of the council shall provide that citizens of the City shall have a reasonable
opportunity to be heard at any meetings in regard to any matter being considered
thereat.
SECTION 6. The Council shall choose such employees of its own body, as it may deem
IP
necessary. Employees of the Council shall not be chosen for a definite term but shall
continue to serve during the pleasure of the Council.
SECTION 7. The Council shall appoint an officer whose title shall be City Manager and
who shall be the chief executive officer and the head of the administrative branch of the
City government. The City Manager shall be chosen upon the basis of character and
ability with special reference to his actual experience in, or his knowledge of, accepted
practice in respect to the duties of thehis office as hereinafter outlined. Choice shall not
be limited by any residence or political qualification. No person elected to membership
on the Council shall, subsequent to such election, be eligible for appointment as City
Manager until one year has elapsed following the expiration of the term for which he
was elected. Before entering upon the duties of thehis office, such City Manager shall
take the official oath for the support of the National and State Governments and the
faithful performance of Ns- duties, and shall execute a bond in favor of the City in such
sum as may be fixed by the Council.
SECTION 8. The City Manager shall be appointed for an indefinite term and may be
removed by a majority vote of the Council. At least thirty days before the effective date
of his removal, the City Manager must be furnished with a formal statement in the form
of a resolution passed by a majority vote of the City Council stating the Council's
intention to remove the City Managerhim and the reasons therefor. Upon passage of the
resolution stating the Council's intention to remove the City Manager, the Council may
• by a similar vote suspend himthe City Manager from duty, but his paycompensation
shall continue until hiGthe removal becomes effective. The City Manager may, within
thirty days from the date of service upon the City Manages of a copy thereof, reply in
writing to the resolution of intent for removal - _ - - -e-'- . - - - . e - e - -- e . -
. In the event no reply is timely filed, the resolution shall upon the thirty -first day from
the date of such service constitute the final resolution removing the City Manager, and
the City Manager'shic services shall terminate upon that day. If a reply shall be timely
filed with its Clerk, the Council shall fix a time for a public hearing upon the question of
the City Manager's removal and a final resolution removing the City Manager shall not
be adopted until a public hearing has been helda4. The action of the Council in
removing the City Manager shall be final. In case of the absence or disability of the City
Manager, the Council may designate some qualified person to perform the duties of the
office during such absence or disability.
SECTION 9. The powers and duties of the City Manager shall be: (1) To have general
supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers and employees of
the City, except members of the Council, but the appointment and removal of those
department heads, officers and employees who are subject to Civil Service or merit
systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and
regulations of such City in existence at the effective date hereof: provided, that the
Council may cause an audit to be made of any department or office of the City
government and may select the persons to make it, without the advice or consent of the
ii City Manager;
(3) To attend all meetings of the Council at which his attendance may be required by
that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority .
which the Council may grant the Mayor to maintain law and order in times of
emergency;
(5) To recommend for adoption by the Council such measures as he may deem
necessary or expedient;
(6) To prepare and submit to the Council such reports as maybe required by that body
or as he may deem it advisable to submit;
(7) To keep the Council fully advised of the financial condition of the City or town and its
future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
(9) To perform such other duties as the Council may determine by ordinance or
resolution.
SECTION 10. Administrative departments shall be created by the City Council as the
public business may demand. Pending further action by the City Council, the
administrative departments now in existence shall be continued. The rights, powers and
duties of the departments shall be prescribed, distributed, assigned, established or
discontinued by ordinance. .
ill
SECTION 11. The City Manager may authorize the head of the department or office
responsible to the City Managerh m to appoint and remove subordinates in such
department or office. Any officer or employee who may be appointed by the City
Manager or by the head of a department or office, except one who holds thisa position
subject to Civil Service, may be removed by the City Manager or other such appointing
officer at any time. Subject to the provisions of SECTION 9 herein, the decision of the
City Manager or other appointing officer shall be final and there shall be no opportunity
for administrative appeal-therefrom.
SECTION 12. Appointments made by or under the authority of the City Manager shall
be on the basis of executive and administrative ability and of the training and
experience of the appointees in the work, which they are to perform. Residence within
the City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members shall direct or
request the appointment of any person to, or his removal from, office by the City
Manager or any of the City Manager'sh+s subordinates. Except for the purpose of
inquiry, the Council and its members shall deal with the . administrative service solely
through the City Manager and neither the Council nor any committee or member thereof
shall give orders to any subordinate of the City Manager, either publicly or privately:
Provided, however, that nothing herein shall be construed to prohibit the Council, while
in open session, from fully and freely discussing with the City Manager anything
pertaining to appointments and removals of City officers and employees and City affairs.
SECTION 14. The City Manager and other officers, assistants and employees, shall
receive such salary or compensation as the Council shall fix by ordinance and it shall be
payable at such times as the Council shall determine.
SECTION 15. Nothing in this Article shall affect the pension or Civil Service or merit
system of the City of Yakima in existence at the effective date hereof.
1 As amended by vote of the people November 4, 1958. Effective dates June 1, 1959.
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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. •
•- . a - • e • •. a •- e - - k.l . • • • ... •
e . • e e • - - - - - • - -. - , • _ - -- . - - . . e e-
rteTd- e-n -thc ccee - _ - e. • - ! = - - - - e • - -- •_ -e -
t e . -e •e - - - e - _ - •• . -- - -_ e• •- _ e• •- .e•e - e.
• apiati-Ga134 - - __ • •- _ e : •. _ -_ _. _• . _ •' - -_ -, __ _
•• • • - _ . - _• • _ • mis ion serving under the charter as now in force
shall by ordinance make all necessary arrangements for holding the primary and
cccond Tuesday in March, 1959, respectively. The terms of councilmen elected to office
on the second Tuesday in March shall begin on the first Monday in June following their
election.
. - - • _ - • : . , _ * * * * * * * * * * * * * * * * *4 "-Z. •- - •-•-••:,- ,
1958.
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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 ;on.
(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,mmisG+en within twenty days after receipt thereof, except as otherwise provided
in this Charter, shall either pass such ordinance without alteration, or refersubmit it to a
popular vote at a special election which must be held at the first available opportunity in
accord with the provisions of State law for special municipal electionswithin thirty days
after the date of the ordering thereof: Provided, however, that if any other municipal
election is to be held more than thirty days but within ninety days after the filing of the
petition, said proposed ordinance shall be submitted without alteration to be voted upon
at such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a petition signed
by qualified electors equal in number to ten per centum of the entire vote cast at the last
• preceding general city election shall be filed with the City Clerk, protesting against the
enactment of such ordinance, it shall be suspended from taking effect. Immediately
upon the filing of the petition the City Clerk shall do all things required in SECTION 2 (a)
and (b) of this article. Thereupon the City Councilmmiscion shall immediately reconsider ill
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 Councilmmn may call a special
election for that purposein accord with the provisions of State law for special municipal
elections; and such ordinance shall not take effect, unless a majority of the qualified
electors voting thereon at such election shall vote in favor thereof.
SECTION 4. The City Councilmmiss44 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.
1 SECTION 6. The City Councilm,,,,ission, by ordinance, shall make further regulations for
carrying out the provisions of this article not inconsistent herewith.
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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.
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ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1. At all meetings of the City Council every resolution and ordinance shall be
in writing and read aloud by title before a vote is taken thereon; provided, at the request
1 of a majority of cCouncil members present, a resolution and ordinance shall be read
aloud in its entirety before a vote is taken thereon. Upon every vote the yeas and nays
shall be called and recorded. All ordinances, except ordinances making appropriations
or codifying or rearranging existing ordinances, shall be confined to one subject, which
shall be clearly expressed in the title. Ordinances making appropriations shall be
confined to the subject of appropriations. The enacting clause of all ordinances shall be,
"Be it ordained by the City of Yakima."
• SECTION 2. Ordinances making the annual tax levy or relating to local improvements or
assessments therefore, or making appropriations, emergency ordinances, or ordinances
adopted by vote of the electors shall take effect at the time indicated therein; all other
ordinances shall take effect 30 days after the date of the publication thereof as herein
provided. An emergency ordinance is one to provide for the immediate preservation of
the public peace, property, health or safety. The unanimous vote of the
1 Counciloommission 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
Councilmmission, 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
Councilmm�oi of the City of Yakima, Washington, on the day of
X20 , 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 Councilmm n 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
Counciln ni4ssFen 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.
1 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 4-11.
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 Iaw0 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
0 exceedto any amount allowed by sState law. In the event of an emergency declared by
resolution of the City Council, any purchase of supplies, material, equipment or service
may be made without calling for bids.
A . - — • e . e. .e - e - - e - - • - *24.
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.
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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 Councilmmissien shall have power and authority to assess, levy
and collect taxes upon all the real and personal property (not exempt from taxation)
within the City for the corporate uses and purposes thereof and provide for the payment
of the debts and expenses of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated for City
purposes including funds for the library, parks and playgrounds, police and firemen's
relief shall be taken and apportioned by the City Councilmmis-sion from the current
expense fund which for any one year shall not exceed the statutory limits established by
State laweighteen mills on each dollar of assessed valuation of the property within the
City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City heretofore
or hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required by law;
(c) Such other levies as may have been heretofore or which may hereafter is required
by general law.
SECTION 4. No special levies shall be made for other purposes than those above .
specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council, ;,„ssie T; and
boards or committees selected by the City Councilm ais-sion to assist in the
management of any municipal activities, if any are selected, shall act in an advisory
capacity only.
SECTION 6. The City Councilmmi-ss+en shall make no appropriation in aid of any
corporation, person or society not expressly authorized by this charter.
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• ARTICLE VIII
Special Boards
SECTION 1. The City Councilmr ission 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 public
library, parks and playgrounds and city planning. The City Councilmniss-ioo shall have
full charge of the budgets for such purposes and shall be ordinance regulate the
organization and duties of such boards, and may provide that any monies acquired by
donation, bequest or from leases or concessions, fines, or penalties shall be used in
addition to the amount set aside in the annual budget out of the tax levy.
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ARTICLE IX
Public Utilities
SECTION 1. The City Councilmmission shall provide by ordinance rules and regulations
and make provisions for the control, management and operation of all public utilities
owned and operated by the City, or which may hereafter be acquired by the City in the
manner provided by law, or which the City may by law govern, control or regulate.
0 SECTION 2. The City Councilmmttnri ssivn 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.
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ARTICLE X
Claims .
SECTION 1. AtI- GClaims 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. • . G . • . _e•• • - e.. . - •- -- _ee - -• e- •-e- - - - -
•. - e--• - - • - - -. - ..... . . - - - ••• -, = ace, cause, nature
immediately prior e -- •••- - • -laim for damage° ccrued -- e- . - -e e
damages-awr aca � -a�n
such claimant, to the effect that • - - --- ' . -. ► e - • e _ e- ••-•• -••-: . . •
• #-he -Ga# 4o . - - -- e e -• - e es until 60 days have elapsed after the rejection of such
claim. Fail - e e - .a. - — .. •• a- - . - - e •• - •• - •
-- e e _. e- e. e . .. - -_.
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•
ARTICLE XI
Franchises
m.
SECTION 1. No exclusive franchise shall ever be granted. _.__ .. .., .._._- ...,,.w_...
SECTION 2. No franchise or right to occupy or use the streets, highways, bridges, or
public places of the City shall be granted, renewed or extended except by ordinance
which ordinance shall be su: - -'--: _ _ . _ - _ -- - -.. . -- _ ' - _ _--- _ _
- - _ e -e .ee• • - - •- ••••• -
authe-rity-wit- e - - - _- • _ - - e the doctors, to pas, an ordinance granting
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 ranted by the City for a longer term than twenty-five
g Y Y 9 Y
years.
SECTION 5. No franchise shall be renewed or extended earlier than three years prior to
its expiration.
SECTION 6. No franchise shall be granted without provision for proper compensation to
the City. Such compensation shall when feasible be a percentage upon the gross
earnings of the person or corporation to whom such franchise is granted arising from
the exercise of such franchise. When the determination of the gross earnings by the
exercise of the franchise is not feasible the ordinance granting said franchise shall
prescribe such other mode of determining the compensation to be paid the City by the
grantee as shall be deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City shall submit
to the City Councilmmission within sixty days after the first day of January of each year,
an annual report verified by the oath of such person or the president, treasurer or
general manager of such corporation, which shall contain such detailed information as
may be prescribed by the City Councilmmission to enable it to determine the amount of
compensation to be paid to the City for the use of said franchise during the preceding
year. Any such person, persons, or corporations which shall refuse or fail to make any
such report within the time specified shall be liable to a penalty established in accord
• 1 with State law, ordinance and specific franchise agreementsof one hundred dollars for
each and every day during which he or it shall fail to file such report, such penalty to be
sued for and recovered by the City in any court having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased, assigned or
1 otherwise alienated without the express consent of the City Councils 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.
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ii• ARTICLE XII
Power to Incur Indebtedness
T
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 Councilmmtssion by
ordinance may authorize any indebtedness and the issuance of bonds.
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ARTICLE XIII
Amendments
SECTION 1. This charter may be amended in the manner provided by the laws of the
State of Washington. In addition thereto the City Commission may provide by ordinance
for a special election to be held on the first Monday in December, 1931, at which time
amendments to this charter may be submitted: Provided, that if a petition for such
'e - -e e. -e - _!! e..' -e ,e - e -- .' . e- .e- . -e .e.
election. At the said special election the City Commission may submit other questions
.• • '_ee• - -• • e- a e- e- - -e e. •- _ -ee - -- - e - --
sSpecial elections for amending this charter may be called by the City Councils isrsion
or shall be called upon petition of qualified voters of the City of a number not Tess than
fifteen percent of the total number of votes cast at the last preceding general state
election, and otherwise as set forth in State law_ es : _ _ _ . • .
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ARTICLE XIV
Schedule
SECTION 1. Upon the taking effect of this charter all title, right and interest of the former
corporation in and to any and all property, real or personal, of whatever kind of
character, shall vest in and be owned by the corporation created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter shall go into
effect and not inconsistent herewith, shall remain in force until amended or repealed or
until they expire by limitation. All rights and obligations in favor of or against the City
existing at the time this charter shall go into effect shall continue without modification.
All street and other improvements, all vacations of public streets, alleys or places, all
assessments for improvements, all suits and actions in court, all fines, penalties and
forfeitures and all other matters relating to the City that may have been begun and not
completed, shall be completed according to the law and ordinances existing prior to the
time this charter shall go into effect, and all taxes and assessments levied and
remaining unpaid when this charter shall go into effect shall be collected as provided by
the law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or rejecting this
charter amendment, articles numbered I to XIV, inclusive, shall be submitted upon the
ballot as a complete charter and shall be included in the vote "For the Charter" and
"Against the Charter," and in the event that a majority of all votes cast thereon, shall be
"For the Charter" said charter shall be adopted.
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City Emergency Hospital
e. • • e - - , or separately; and the City Commie 'e • e .'e ' . ••
•e e..e- e e - - -- e e -- --
t�- _ - - - e e-ef the City of Yakima.
- s e e as - -: - •- - - - -
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ARTICLE XVf
• 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.
1 . SECTION 3. There is created a city civil service commission, which shall be composed
Y � p
of.three persons. The commission members shall be appointed by the City Council in
the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three
names submitted to the Council chosen by a referendum of city employees, excluding
police and firemen. The City Clerk shall conduct the referendum and shall formulate
proper rules and regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names submitted
to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a successor is
selected and qualified, except that the first three members of the commission shall be
appointed for different times, as follows:
The appointee from the employee referendum list shall serve for a period of six years,
the appointee at large as designated in subsection (a) above to serve for a period of
four years, and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be removed
from office for incompetence, incompatibility, or dereliction of duty, or malfeasance of
office, or other good cause; provided, that no member of the commission shall be
removed until charges have been preferred, in writing, due notice, and a full hearing
held before the City Council. Any vacancy in the commission shall be filled in the same
• manner as provided for selecting the commissioner previously filling the vacancy. Two
members of the commission shall constitute a quorum and the votes of any two
members concurring shall be sufficient for the decision of all matters and the transaction
of all business to be decided by the commission. No member of the civil service
commission shall engage in active partisan or non - partisan politics and hold any
salaried public office or engage in city employment, other than his commission duties.
The members of the commission shall serve without compensation..
SECTION 4. Immediately after appointment the commission shall organize by electing
one of its members chairman and shall hold regular meetings at least once a month,
and such additional meetings as may be required for the proper discharge of its duties.
All meetings of the commission shall be open to the public. It shall appoint a chief
examiner who shall also serve as secretary of the commission and such assistants as
may be necessary. The chief examiner shall keep the records for the commission,
preserve all reports made to it, superintend and keep a record of all examinations held
under its direction and perform such other duties as the commission may prescribe. The
chief examiner shall be appointed as a result of competitive examination, which
examination may be either original and open to all properly qualified persons, or
promotional and limited to persons already in the service of the City of Yakima,
Washington. The chief examiner shall be subject to suspension, reduction, or discharge
in the same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job descriptions
providing equal pay for equal work shall be devised by the chief examiner with the
cooperation and approval of the civil service commission which shall be submitted in
ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions hereof.
Such rules and regulations shall provide in detail the manner in which examinations
may be held, and appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges shall be made, and may also provide for any other matters
connected with the general subject of personnel administration, and which may be
considered desirable to further carry out the general purposes of this Article, or which
may be found to be in the interest of good personnel administration. The rules and
regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be changed
from time to time. Prior to adoption of new rules or changes in existing rules all
interested parties shall be given an opportunity to express opinions concerning the
proposed rules at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly determine
the capacity of persons examined to perform duties of the position to which appointment
is to be made. Such tests may include tests of physical fitness or manual skill or both.
(c) To make investigations and report upon all matters concerning the enforcement and
effect of the provisions of this Article, and the rules and regulations prescribed
hereunder; to inspect all departments, offices, places, positions, and employment
affected by this Article, and ascertain whether this Article and all such rules and
regulations are being obeyed. Such investigations may be made by the commission or
by any commissioner designated by the commission for that purpose. Not only must
• these investigations be made by the commission as aforesaid, but the commission must
make like investigation on petition of any citizen, duly verified, stating that irregularities
or abuses exist, and setting forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission, or the chairman or
chief examiner when authorized by a majority vote of the commission, may issue
subpoenas to compel the attendance at such place as may be designated in this City of
witnesses and the production of books and papers pertinent to any inquiry or
investigation authorized by this Article; or may take depositions of witnesses.
Subpoenas shall also be used at the request of the parties to the proceedings other
than the commission and the chairman. The commission or any member thereof, or the
chief examiner, when authorized by the commission, may administer oaths and take
testimony. The commission or the chief examiner may examine such public records, as
they require in relation to any matter, which they have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by the
rules of practice and procedure adopted by the commission, and in the conduct thereof
neither the commission, nor designated commissioner shall be bound by technical rules
of evidence. No informality in any proceedings or hearing, or in the manner of taking
testimony before the commission or designated commissioner, shall invalidate any
order, decision, rule, or regulation made, or confirmed by the commission; provided, that
no order, decision, rule or regulation made by any designated commissioner conducting
any hearing or investigation alone shall be any force or effect whatsoever unless and
until concurred in by at least one of the other two members.
0 (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;
0 (b) Members of boards and commissions and the City Manager;
(c) Employees under civil service coverage within the police and fire departments;
(d) All department heads; one confidential secretary and one administrative assistant for
the City Manager;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City
Council or a committee thereof, or by authority of the City Manager.
SECTION 7. All appointments to and promotions to positions in the classified civil
service of the City of Yakima shall be made solely on merit, efficiency, and fitness,
which shall be ascertained by open competitive examination and impartial investigation.
No person in the classified civil service shall be reinstated in or transferred, suspended,
or discharged from any such place, position, or employment, contrary to the provisions
of this Article.
SECTION 8. For the benefit of the public service and to prevent delay, injury, or
interruption therein by reason of the enactment hereof, all persons holding a position
which is deemed classified under SECTION 6 for a continuous period of six months
prior to the effective dates of this Article, and still currently employed, are eligible for
permanent appoint -ment under civil service to the offices, places, positions or
employment which they then held without examination or other act on their part, and not
on probation; and every such person is automatically adopted and inducted
permanently into civil service, into the office, place, position or employment which he
then held as completely and effectual to all intents and purposes as if such person had
been permanently appointed thereto under civil service after examination and
investigation.
SECTION 9. The tenure of every person holding an office, place, position or
employment under the provisions of this Article shall be only during good behavior, and
any such person may be removed or discharged, suspended without pay, demoted or
reduced in rank, for any of the following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous
treatment of the public, or a fellow employee, or any other act of omission or
commission tending to injure the public service; or any other willful failure on the part of
the employee to properly conduct himself; or any willful violation of the provisions of this
Article or of the rules and regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming
drug, liquid, or preparation to such extent that the use thereof interferes with the
efficiency or mental or physical fitness of the employee or which precludes the
employee from properly performing the function and duties of any position under civil
service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service commission is
el sufficient to show the offender to be an unsuitable and unfit person to be employed in
the public service.
SECTION 10. No person in the classified civil service who has been permanently
appointed or inducted into civil service under provisions of this Article, shall be removed,
suspended, or demoted except for cause, and only upon written accusation of the
appointing power or any citizen or taxpayer; a written statement of which accusation, in
general terms, shall be served upon the accused; and a duplicate filed with the
commission. Any person so removed, suspended, or demoted may within ten days from
the time of his removal, suspension, or demotion, file with the commission a written
demand for an investigation, whereupon the commission shall conduct such
investigation. The investigation shall be confined to the determination of the question of
whether the removal, suspension, or demotion was made in good faith for cause. After
such investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith or cause, shall order the immediate
reinstatement or reemployment of such person in the office, place, position, or
employment from which he was removed, suspended, or demoted, which reinstatement
shall, if the commission so provides be retroactive, and entitle such person to pay or
compensation from the time of the removal, suspension, or demotion. The commission
upon such investigation in lieu of affirming a removal, may modify the order by directing
a suspension without pay, for a given period, and subsequent restoration to duty, or
demotion in classification, grade, or pay. The findings of the commission shall be
certified, in writing to the appointing power, and shall be forthwith enforced by such
0 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 superiorcourt 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
0 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 where_ upon the appointment, employment, or
promotion shall be deemed complete.
SECTION 12. All offices, places, positions, and employment coming within the purview
of this Article shall be filled by the appointing power; nothing herein contained shall
infringe upon the authority that the City Council may have to fix the salaries and
compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City subject to this
Article shall approve the payment of or be in any manner concerned in paying, auditing,
or approving any salary, wage, or other compensation for services, to any person
subject to the jurisdiction and scope of this Article, unless a payroll, estimate, or account
for such salary, wage, or other compensation, containing the names of the persons to
be paid, the amount to be paid, and any other information which, in the judgment of the
civil service commission, should be furnished on such payroll, bears the certificate of
the civil service commission, or of its chief examiner or other duly authorized agent, that
the persons named therein have been appointed or employed in compliance with the
terms of this Article and the rules of the commission, and that the payroll, estimate, or
account is, insofar as known to the commission, a true and accurate statement. The
commission shall refuse to certify the pay of any public officer or employee whom it
finds to be illegally or improperly appointed, and may further refuse to certify the pay of
any public officer or employee who willfully or through culpable negligence, violates or
fails to comply with this Article or with the rules of the commission.
SECTION 14. The commission shall begin and conduct all civil suits, which may be
necessary for the proper enforcement of this Article and rules of the commission. The
commission shall be represented in such suits by the city attorney.
SECTION 15. The right of any person to an appointment or promotion or to any position
in classified service of the City shall not be withheld because of his race, color, religion,
• national origin, political affiliation or belief, nor shall any person be d ismissed, demoted,
transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall discharge, promote,
demote, or in any manner change the official rank, employment, or compensation of any
person under civil service or promise or threaten so to do for giving or withholding, or
neglecting to make any contribution of money, or services, or any other valuable thing,
for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper ways in
carrying out the provisions of this Article, and such rules and regulations as may, from
time to time, be prescribed by the commission and afford the commission, its members,
and employees, all reasonable facilities and assistance in the inspection of books,
papers, documents, and accounts applying or in any way appertaining to any and all
offices, places, positions, and employment, subject to civil service, and also shall
produce such books, papers, documents, and accounts, and attend and testify,
whenever required so to do by the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each fiscal year a
sum equal to one half of one per cent of the preceding year's total payroll of those
included under the scope of this Article. The funds so provided shall be used for the
support of the commission. The City Council may provide additional funds for such
purpose; any part of the funds so provided and not expended shall be placed in the
® current expense fund on the first day of January following the close of such fiscal year.
SECTION 19. This Article shall be full force and effect on and after the first Monday in
June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article should be
held to be invalid or unconstitutional, the validity or constitutionality thereof shall not
affect the validity or constitutionality of any other SECTION, sentence, clause, or phrase
of this Article.
As adopted by vote of the people March 10, 1959. Effective date June 1, 1959.
•