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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"Administration and Personnel" as well as changes in individual sections which have resulted in inconsistencies, outdated provisions and redundancies, and WHEREAS, it is necessary to update this Title to eliminate such inconsistencies and clarify the uniform application of these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 - r 1 i 1 - -t s ! • . . . -: - : - : . p -- - : - - - - - : - - - : : - • OJP vi . � 1 - • i 1' 1 - -t • • t • - :.- . y- -Q -- - IT_ - - _ - - - - -: mop_ - : :.-- • -: : - Will — - -: : : :.�- :.- -: - M- :.- :■ . :. • • •• - - -- - - - - I• I - . �• 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