HomeMy WebLinkAbout3545 Ordinance T
ORDINANCE NO. 3545
AN ORDINANCE of the City of Pasco, Washington, Amending
Title 2, Entitled "Administration and Personnel".
WHEREAS, significant changes have occurred since the enactment of
Title 2 of the Pasco Municipal Code entitled "Administration and Personnel" as
well as changes in individual sections which have resulted in inconsistencies,
outdated provisions and redundancies, and
WHEREAS, it is necessary to update this Title to eliminate such
inconsistencies and clarify the uniform application of these provisions, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 2.02.040, entitled "Preparation and Approval of
Minutes" shall be and hereby is amended and shall read as follows:
2.02.040 PREPARATION AND APPROVAL OF MINUTES. The City Clerk
shall prepare the minutes of all re lar and special City Council meetings. A
copy of the minutes shall be prepared for approval of the City Council at its
next regular business meetin .
ef them the . The minutes
need not be read in open meeting except that on motion of the Council, the
minutes of any previous meeting may be read in full. The minutes of each
meeting must be approved by the City Council. (Ord. 1807 Sec 3, 1976; prior
code Sec 1-3.16.)
Section 2. That Section 2.06.020, entitled "Specific Powers and Duties"
shall be and hereby is amended and shall read as follows:
2.06.020 SPECIFIC POWERS AND DUTIES. Powers and duties of the
City Manager shall be:
M (A) To have general supervision over the administrative affairs of the
City;
} u To appoint and remove at any time all department heads, officers
and employees of the city except members of the City Council, and subject to
the provisions of any applicable law, rule or regulation relating to civil service;
provided, that the Council may provide for the appointment by the Mayor
subject to the confirmation of the Council of the City Planning Commission and
other advisory citizens' committees, commissions and boards advisory to the
City Council, and provided further that the City Manager shall appoint the
pahee jttdge Municipal Judge subject to confirmation by the council. The
Council may cause an audit to be made of any department or office of the city
government and may select the persons to make it without the advice or
consent of the City Manager;
(3) (C) To attend all meetings of the Council at which his attendance may
be required by that body;
{4} D) 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;
{ } ) To recommend for adoption by the Council such measures as he
may deem necessary and expedient;
(6) (F) To prepare and submit to the Council such reports as may be
required by that body or as he may deem it advisable to submit;
{, (G) To keep the Council fully advised on the financial condition of the
City and its future needs;
f$ (H) To prepare and submit to the Council a tentative budget for the
fiscal year;
{% M To perform such other duties as the Council may determine by
ordinance or resolution. (Prior code Sec. 1-7.08.)
Section 3. That Section 2.06.030, entitled "Compensation and Bond"
shall be and hereby is repealed in its entirety.
2.06.030 COMPENSATION AND BOND. The Gffy Manager- shall Feeei
an annual salapy to be fixed by the G" Gettnefl from tifne te t4fne, and he sh
See.T712.}
Section 4. That Chapter 2.08.010, entitled "Duties" of the City
Attorney shall be and hereby is amended and shall read as follows:
2.08.010 DUTIES. The City Manager subject to confirmation by the
Council shall secure legal counsel for the City by appointment of such full-
time, part-time, and/or contractual professional services as best serves the
interests of the City. Those appointed shall be designated collectively or
individually as the Cily Attorney. The duties of the Cily Attorney shall include:
WA) Council Meetings Ordinances. The City Attorney shall attend all regular
or constituted meetings of the City Council at which attendance may be
required, advise the Council on all matters requested and draft the requested
ordinances.
V4 B) Council Committee Meetings. When requested by Council
committee chairman, the City Attorney shall attend Council committee
meetings.
{e} () Planning Commission Advisor. The City Attorney shall be
available and provide legal assistance to the Planning Commission.
{d} (D) Legal Business. The City Attorney shall attend to all legal
business of the City.
Ordinance Amending PMC Title 2
Page 2
the Pahee Gattf:lc w4ien requested to do so by the Gity Manet e.
(4E) Legal Opinions. The City Attorney shall furnish written legal
opinions to all City Officials in regard to City business when requested to do so
in writing.
eirzeftmstanees, atttheftze
sew-
Section 5. That Section 2.08.020, entitled "Compensation" of the City
Attorney shall be and hereby is repealed in its entirety.
2.08.020 COMPENSATION.
Section 6. That a new Chapter 2.09 entitled "Municipal Prosecutor"
shall be adopted and shall read as follows:
2.09.010 DUTIES. The Cily Manager shall secure le al services for the
prosecution of cases on behalf of the Ci1y in the Municipal Court by
appointment of such full time part time and or contractual professional
services as best serves the interest of the City.
Section 7. That Section 2.10.010 entitled "Duties" of the City Clerk
shall be and hereby is amended and shall read as follows:
2.10.010 DUTIES. The duties of the City Clerk shall be as provided in
this section:
M ) Seal - Acknowledgment. The City Clerk shall be custodian of the
seal of the City, and shall have authority to acknowledge the execution of all
instruments by the City, which require acknowledgment;
M u Custodian of Papers and Documents. The City Clerk shall be
custodian of all papers and all documents belonging to the City and shall file
them in the clerk's office under appropriate headings;
(G) JQ Minutes of Council Meetings. The City Clerk shall provide
competent stenographic assistance for the purpose of recording the minutes of
all meetings of the City Council;
r-equested to do so by the eemmi4ee ehaifman;
Ordinance Amending PMC Title 2
Page 3
(6} (D) Account of Licenses. The City Clerk shall keep an account in an
appropriate book of all licenses issued with the names of the persons to whom
issued, the date of issue, the time for which they were granted and the sums
paid therefore;
M ) Attestation of Documents. The City Clerk shall attest all deeds,
leases, contracts, bonds and other documents when authorized by the Council;
(F) Guardian of Official City records. The City Clerk shall be the
guardian of official city records.
(9) Natiee of Meetings. The City Glefk shafl notify the sever-a!
(10) Assist Mayor- and G" Managey. The G#y Gler4k shall previde the
as they may r-eqties-lrL
(I!) Assist Gwen._ The ry G sheAl assist the Ge iht
Ordinance Amending PMC Title 2
Page 4
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waFrants, bends, or band eettpons whieh ha-vxe been p&id. He shall peimferrn all
The duties of the Finance Manager shall include those provided herein:
A Receive Funds. Receive and safely kee12 all money which comes into
his hands as directed 12y the Cily Manager. Issue triplicate receipts for all
collections made by him and deliver one to the person making payment, one to
the Cily Clerk and keen one in his records. He shall receive all money due the
City and disburse it on checks issued and countersigned by the Cily Manager,
and not otherwise.
(B) Keep Record of Checks. Keep a record of all checks issued.
(C) Call and Pay Bonds. Call and pay all bonds or bond coupons in their
numerical order whenever funds are available for this purpose and cancel the
same when paid.
(D) Make Monthly Statements of Business of his Office. Make monthly_
statements of the business of his office and deliver same to the City Manager.
E Account of E enditures. The Finance Manager shall keep an
accurate account in a suitable book under the appropriate headings of all
expenditures.
F Other Duties Required by Law. The Finance Manager shall 12erform
all the duties which are now or may at any future time be required by the laws
of the State of Washington or the ordinances of the City. (Prior code Sec. 1-
5.12.)
Section 13.That Section 2.12.020 entitled "Oath of Office" of the Finance
Manager shall be and hereby is amended and shall read as follows:
2.12.020 OATH OF OFFICE. Before entering upon the duties of his
office, a Finance Manager shall take an oath of office. (Prior
code Sec. 1-5.16.)
Section 14.That Section 2.12.030 entitled "Deputies" shall be and
hereby is repealed in its entirety.
2.12.030 DEPUTIES.
be responsible for the payment of any sueh deputy or deptttAes unless the GAY
Gouneff shall have pre-Aded for stieh payment ef eaeh individtted deputy by
5.2G.)
Section 15.That a new Section 2.16.030 entitled "Bonds" of the Pasco
Municipal Code shall be adopted and shall read as follows:
2.16.030 BONDS.
Ordinance Amending PMC Title 2
Page 6
(A) Before entering into their respective duties, the following City officials
shall each execute a bond to the City conditioned for the honest and faithful
performance of their duties (including the same bond, the duties of all ex officio
offices occupied by that official) in the following penal sums:
Finance Manager _X500,000
City_ Manager _ 10,000
Chief of Police $10,000
City Clerk $10,000
B The official bonds p rovided above shall be issued by an authorized
surety insurer pursuant to RCW 48.28.010 or an authorized surety insurer as
a surplus line pursuant to RCW 48.15, or surety provisions in the above
amounts provided as a part of all risk insurance coverage to the_City.
(C) The fees for the bonds or insurance premiums set forth above shall be
paid by the City.
Section 16.That Section 2.16.040 entitled "City Finance Director Bonds"
shall be and hereby is repealed in its entirety.
2.16.040 CITY FINANCE DIRECTOR BONDS. The G" F4nanee Dir-eete
eembineel into a single ba"d ewering both henesty end faithful peffafmanee
Section 17. That Section 2.16.050 entitled "Police Chief, Clerk Bonds"
shall be and hereby is repealed in its entirety.
2.16.050 POLICE CHIEF, CLERK BONDS. ,
ef his d"44es, ineluding in the same bond the duties of ed! his ex off4eie effiees.
The bend shall be in the fellewing penal stims:
(1) GMef of Pehee $4 9,096-80�
(ag) G er-R:
.
Section 18. That Section 2.16.060 entitled "Approval of Mayor,
Attorney, Police Judge and Police Chief Bonds" shall be and hereby is repealed
in its entirety.
2.16.060 APPROVAL OF MAYOR, ATTORNEY, POLICE JUDGE AND
POLICE CHIEF BONDS. , the bend
Ordinance Amending PMC Title 2
Page 7
Section 19. That Section 2.16.065 entitled "Payment of Bond Fees"
shall be and hereby is repealed in its entirety.
2.16.065 PAYMENT OF BOND FEES. g4ie Fees f r the Lends set forth in
Seet4efts 2.16.040 and 2.16.960 shall be pa4d fef by the G". (Gr-d. 2623 See.
3�T,
Section 20. That Section 2.16.070 entitled "Approval of Clerk's Bond"
shall be and hereby is repealed in its entirety.
2.16.070 APPROVAL OF CLERK'S BOND. Before efl.tler;ng into his
duties, the bond of the G" Gler4i shall be appFawd by the G" Attet=aey
Ordinance Amending PMC Title 2
Page 8
Section 21. That Section 2.16.090 entitled "Subsistence Allowance for
Police" shall be and hereby is repealed in its entirety.
2.16.090 SUBSISTENCE ALLOWANCE FOR POLICE. Beginfting
seet4en 4s to g4ve Pollee Gffieia4s employed by the G" the tax benefits ppovided
Section 22.That Section 2.18.010 entitled "Members" of the Planning
Commission shall be and hereby is amended and shall read as follows:
2.18.010 MEMBERS. Pursuant to the authority conferred by RCW
35.63, there is created a City Planning Commission, consisting of nine
members, who shall be residents of the City
se. eyea of the , selected as follows: the Mayor shall appoint the
members with confirmation of the appointments by the City Council. (Ord.
1961 Sec. 1, 1978; Ord. 1558 Sec. 1, 1972.)
Section 23.That Chapter 2.20 entitled "Police Department" is hereby
repealed in its entirety.
2.20.010 PERSONNEL.
sergeant,
1481 See. i 19794
2.20.020 DUTIES. The dttties of eaeh eff4ee, position or vank and the-,
number- of personnel assigned ther-ete, end the methad of their seleetion sh&H
Washhng�eft. (E)Fd. 1481 See. 2, 197-G4
2.20.030 SALARIES.
. 8,
2.20.040 PART-TIME AND CLERICAL HELP.
(E)f d. 1431 See. 4, 1979.
2.20.050 CARE AND MAINTENANCE OF PARKING METERS. The ear-e,
a funet4en of the PeRee,departinent Geins shall be eolleszed a+ least enec er
Ordinance Amending PMC Title 2
Page 9
week and e-Ehettely after sueh reefleet#
2.20.060 STATE LAW ADOPTED. The G:.,;' Set-,4ee system set fefth
eeae See n n 0n )
2.20.065 POLICE CHIEF EXCEPTED. indMdttals appointed as Pekee
,
2.20.070 COMMISSION CREATED. ;
Section 24. That Chapter 2.22 entitled "Fire Department" shall be
amended to read "Fireman's Pension System."
Section 25. That Section 2.22.010 entitled "Departmental Positions" is
hereby repealed in its entirety.
2.22.010 DEPARTMENTAL POSITIONS. -her-e are established the
Section 26. That Section 2.22.020 entitled "Civil Service System" is
hereby repealed in its entirety.
2.22.020 CIVIL SERVICE SYSTEM. The GMI Senv4ee system set feAh in
RGW 41.08 adopted by the Gity, and eAl of the details and pfeiq4sians of RGW
41.08 are made pai4 of this ehapter- as ftilly as if ineefper-a+ed herein. (PAef
eade-See. 2
Section 27. That Section 2.22.025 entitled "Fire Chief Excepted" is
hereby repealed in its entirety.
2.22.025 FIRE CHIEF EXCEPTED.
after- 4a:nuary 26, 1994 shall be ex-eepted "m inelusien within the pef-v4ew e
the GMI Set-v4ee System ereated by this ehapter, (Or-d. 3075, See. 2, 1996.)
Section 28. That Section 2.22.040 entitled "Rectification and
Validation" is hereby repealed in its entirety.
2.22.040 RECTIFICATION AND VALIDATION. Any and ed! aet4ens of the
Ele-€aeto-GMI Sefviee-Eemmission for
Ordinance Amending PMC Title 2
Page 10
Gettneii is to make Seet4ens 2.22.020 2.22.040 retT-eaeti-ve to the sl�Eteenth
Section 29. That Section 2.22.080 entitled "Volunteer Fire Department
- State Law Adopted" is hereby repealed in its entirety.
2.22.080 VOLUNTEER FIRE DEPARTMENT - STATE LAW ADOPTED.
Section 30. That Section 2.22.090 entitled "Department Membership
Limited" is hereby repealed in its entirety.
2.22.090 DEPARTMENT MEMBERSHIP LIMITED. The membefship -of
x-7.08 )
Section 31. That Section 2.22.100 entitled "Board of Trustees Created -
Members" is hereby repealed in its entirety.
2.22.100 BOARD OF TRUSTEES CREATED - MEMBERS. Pur- ...,-nt t
Gempensat4en Fund to be known as 'qhe Petsee Beard of 4*ustees ef the
Depaftmet4 fer a tefm of ene ye" and annually thereafter-. (Prior- eede See. 2
7
Section 32. That Section 2.22.110 entitled "Powers and Duties of Board
of Trustees" is hereby repealed in its entirety.
2.22.110 POWERS AND DUTIES OF BOARD OF TRUSTEES. The Beaf!d
ef Ti=ustees shall have all of 64e powers and perf9i=r-m all the elut4es eenfeffed
and impesed upen it by e pmi4sions of the stFxtttti refeired te in Qeecii�i
2.22.080 and the statute is by feferen rated heFein and made a p—art
wee€.-(Prior Bede S
Section 33. That a new Section 2.33.050 entitled "Fire Chief Excepted"
shall be adopted and shall read as follows:
Ordinance Amending PMC Title 2
Page 11
2.33.050 FIRE CHIEF EXCEPTED. Any person appointed as Fire Chief
after Januga 25 1994 shall be excepted from inclusion within the Verview of
the Civil Service System created by this chapter. (Ord. 3075. Sec. 2 1995.)
Section 34. That a new Section 2.33.060 entitled "Police Chief
Excepted" shall be adopted and shall read as follows:
2.33.060 POLICE CHIEF EXCEPTED. Any person appointed as Police
Chief after January 25, 1994 shall be excepted from inclusion within the
perview of the Civil Service system adopted by this Chapter. (Ord. 3075. Sec.
1- 1995.1
Section 35. That Section 2.38.010 entitled "City Office Hours
Designated" shall be and hereby is amended and shall read as follows:
2.38.010 DESIGNATED. All City offices shall remain open for public
business fir-effi e*ht a.m. to five p.m. eaeh weekday, Monday thr-otigh Ff4day-,
.
2.04). as follows:
(1) City Hall: Monday through Friday 8:00 a.m. to 5:00 p.m.
(2) Cashier Monday through Friday 8:30 a.m. to 5:00 p.m.
3 Municipal Court: Monda y 8:30 a.m. to Noon: 1:00 to 4:30 p.m.
Tuesday 8:30 a.m. to 12:30 p.m.: 1:30 to 4:30 p.m.
Wednesday 8:30 a.m. to 4:30 p.m.
Thursday 8:30 a.m. to 12:3012.m.
Friday 8:30 a.m. to 12:30 p.m.
(4) Police Department:Monday through Friday 8:00 a.m. to 5:00 p.m.
All other city facilities as posted on site.
Section 36. That Section 2.52.040 entitled "Compensation" of the Police
Reserve Unit shall be and hereby is amended and shall read as follows:
2.52.040 COMPENSATION. Members of the Police Reserve Unit shall
serve at will, and shall receive no compensation and shall not be covered by the
City Civil Service. (Ord. 1572 Sec. 4, 1972.)
Section 37. That Section 2.52.050 entitled "Meetings" shall be and
hereby is amended and shall read as follows:
2.52.050 MEETINGS. The Police Reserve Unit shall hold regular
meetings at least once during each month upon the approval of the Police
Chief. The members of the unit may establish rules for the conduct of their
meetings and may provide for separation from the unit of absent members.
(Ord. 1572 Sec. 5, 1972.)
Section 38. That Section 2.54.030 entitled "Payment of Claims or
Ordinance Amending PMC Title 2
Page 12
Judgment Conditions of Representation" shall be and hereby is amended and
shall read as follows:
2.54.030 PAYMENT OF CLAIMS OR JUDGMENTS CONDITIONS OF
REPRESENTATION. Except as may be provided in any applicable municipal
policy of insurance, or coverage document from any municipal insurance pool
or entity, the City Attorney, or an attorney designated by the City Attorney,
shall at the request and on behalf of any official or employee of the City,
investigate and defend such claims or litigation, and if a claim is deemed by the
City Attorney to be a proper claim, or, if judgment is rendered against such an
official or employee, such claim or judgment shall be paid by the City; provided,
that:
0) tAl In the event of any incident or course of conduct giving rise to a
claim for damage and/or litigation, the official or employee involved shall, as
soon as practicable, give the City Attorney written notice thereof, identifying the
official or employee involved, and shall contain all information known to the
official or employee with respect to the date, time, place, and circumstances
surrounding the incident or conduct, as well as the names and addresses of all
persons allegedly injured or otherwise damaged thereby, and the names and
addresses of all witnesses;
Q ) Upon receipt thereof, the official or employee shall forthwith
deliver any demand, notice, summons or other process relating to any such
incident or conduct, to the City Attorney, and shall cooperate with the City
Attorney or an attorney designated by the City Attorney and, upon request,
assist in making settlements of any suits and in enforcing any claim for any
right of subrogation against any persons or organization that may be liable to
the City because of any damage or claim of loss arising from said incident or
course of conduct;
{$} (C) Such officials or employees shall attend interviews, depositions,
hearings and trials, and shall assist in securing and giving evidence and
obtaining the attendance of witnesses;
{Q D) Such officials or employees shall not accept nor voluntarily make
any payment, assume any obligation, or incur any expense other than for first
aid to others at the time of any incident or course of conduct giving rise to any
such claim, loss, or damage; and provided, further, that in the event that a civil
action is brought against any official pursuant to the provisions of the Public
Disclosure Laws of the State of Washington, RCW Chapter 42.17, and the
official has been found to be in violation thereof and such finding is not
appealed or such finding is upheld or affirmed through the appellate process,
such official shall reimburse the City for any and all costs to the City which
costs were related to the furnishing of representation to such official, and the
City shall have a claim against such official for any amount so expended. (Ord.
1865 Sec. 1 (part), 1977.)
(} 1M The claim or judgment arose out of the performance, purported
performance, or failure of performance, in good faith of duties for or
employment with, the City of Pasco. (Ord. 2611 Sec. 1, 1986.)
Ordinance Amending PMC Title 2
Page 13
Section 39. That Section 2.54.070 entitled "Conflict with Provisions of
Insurance Policies" shall be and hereby is amended and shall read as follows:
2.54.070 CONFLICT WITH PROVISIONS OF INSURANCE POLICIES.
Nothing contained in this chapter shall be construed to modify or amend any
provision of any policy of insurance or coverage document from any municipal
insurance pool or entity, wherein the City or any official or employee thereof is
the named insured. In the event of any conflict between this chapter and the
provisions contained within any policy of insurance or coverage document, the
specific provisions of the insurance policy or document shall be controlling.
(Ord. 1865 Sec. 1 (part), 1976.)
Section 40. This Ordinance shall take full force and effect five days
after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and
approved as provided by law this 20`h day of May, 2002.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Webster U. Jacksont City Clerk Leland B. Kerr, City Attorney
Ordinance Amending PMC Title 2
Page 14