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HomeMy WebLinkAbout4340 OrdinanceORDINANCE NO. Lf~'-f 0 AN ORDINANCE of the City of Pasco, Washington, Amending Section 2.18.030 "Vacancies and Removal from Office"; Amending Section 2.36.020 E) "Removal of Commissioners"; Creating Chapter 2.58 "Board and Commission Officer"; and Amending Section 11.04.020 "Operation of Code Enforcement Board" WHEREAS, the City of Pasco has found that there is a benefit to the public in the consistent and diligent perfonnance of its appointed officers of City Boards and Commissioners; and WHEREAS, the City has found that appointed officers of Boards and Commissioners cannot properly perform their duties when they are consistently absent from the meetings or hearings for which they serve as an officer or commissioner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. That Section 2.18.030 entitled "Vacancies and Removal from Office" regarding Planning Commission of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 2.18.030 MISCELLANEOUS PROVISIONSVACANCIES AND REMOVAL FROM OFFICE. Vacancies occuning otherwise than through the expiration of terms shall be filled for the unexpired terms. Members may be removed, after public hearing by the Mayor, with the approval of the City Council , for inefficiency, neglect of duty'~ or malfeasance in office. The members shall be selected without respect to political affiliations, and they shall serve without compensation. (Ord. 1558 Sec. 3, 1972.) Section 2. That Section 2 .36.020, entitled "Operation of Joint Housing Authority'', Subsection E) entitled "Removal of Commissioners" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: E) Removal of Commissioners. The legislative authority of Franklin County may remove from office the commissioners holding positions number 2 , 4, and 5. Grounds for removal shall include inefficiency or neglect of duty, misconduct in office. A commissioner shall be removed only after he/she shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. The appointing authority for the position shall hear the matter and shall keep a record of the proceedings, together with the charges aHd the findings thereon , which record shall be filed in the office of the Pasco City Clerk or the clerk of the legislati\·e authority of Franklin County as the case may be. Transcription of this record for any purpose shall be the responsibility of the person requesting said transcription, inclt1ding the commission whose removal is sought. Removal of a City appointed commission shall be pursuant to PMC 2.58.010 . In the event of the Ordin ance -Board Att endance -I removal of any commissioner, the legislative authority of Franklin County or the Pasco C it y Council , whichever shall be the appoi nting au th ority for that position, sha ll give written noti ce to the other of such removal and shall as soon as practicable select a new commissioner. Section 3. That a new Ch apter 2.58 entitled "Board and Commission Officer" of the Pasco Municipal Code, shall be and h ereby is adopted and shall read as follows : C hapt er 2.58 BOARD AND COMMISSION OFFICER Sections: 2.58.010 Vacanci es and Removal from Office. 2 .58 .010 VACANCIES AND REMOVAL FROM OFFICE. T he follow ing provis ions sha ll apply to a ll City appo inted members or officers of any board or commission. Vacancies occurring otherwi se than through the exp iration of terms shall be filled for the unexpired terms, in accordance with any app li ca bl e laws, by the 01iginal appointing authority. Members may be removed for incompetency, incompatibility, dereliction of duty, malfeasance in office, inefficiency, neglect of duty, or for other good cause, and membership sha ll be forfeited in the event the member has four ( 4) absences from regular meetings within a tw e lve (12) month period of tim e, or absences for three (3) co nsecutive regular meetings. Section 4. That Section 11 .04 .020 ent itled "Operation of Code Enforcement Board" of the Pasco Municipal Code, shall be and hereby is amended and shall read as fo ll ows : 11 .04.020 OPERATION OF CODE ENFORCEMENT BOARD . T he membership of the Pasco Code Enforcement Board sha ll be as fo llows: (1) The Board shall consist of five (5) voting members; (2) All positions on the Board shall be filled by persons appo inted by the City Counci l; (3) All members of th e Board shall be residents of the City of Pasco, both at the time of their appoi ntment and for the full term of their appointment; (4) The CEB members who are first appo inted shall serve terms as designated in 11.04.020(a), but thereafter board members shall be appoi nted for a term of four (4) yea rs and shall commence on the first day of January of the year of the appointment ; (a) The term for the first appoi nted board members sha ll commence and terminate as follows : Position 1 -January 1, 1997 to J anuary 1, 1999 Ordinance -Board Attendance -2 Position 2 -January 1, 1997 to January 1, 1999 Position 3 -January 1, 1997 to January 1, 2000 Position 4 - J a nuary 1, 1997 to January 1, 2000 Position 5 -January 1, 1997 to January 1, 2000 (5) The appointing authority ma y remove by majority vote any person it appointed for lack of due diligence or for other good cause, including those stated in PMC 2.58.010. Any vacancy created by removal from office, resignation, and change in re s idency to outside the City limits of Pasco, or for any other reason , shall be filled by the appointing authority for that position for the remainder of that te1m. (Ord . 3189 Sec. 1, 1996 .) Section 5. This Ordinance shall take full force and effect five (5) da ys after its approval, passage and publication as required by law . PASS ED by the City Council of ljhe City of Pasco, Washington, and approved as provided by Jaw thi s 2011-ci ay of fUC/<.rc.J-.,... , 2017. Matt Watkins, Mayor ATTEST: Ordinance -Board Attendance -3 APP:::D: TO FORM: \.~~~ Leland B . Kerr, City Attorney