829 Add and Amend Certain OrdCity of Yelm
Ordinance No. 829
An ordinance repealing, replacing, adding and amending certain ordinances and sections of
~fitle 2 of the Yelm Municipal Code related to Administration and Personnel.
WHEREAS. it is necessary to periodically review provisions within the
Administration and Personnel section of the city~s municipal code.
NOW THEREFORE. the City Council of the City of Yelm do ordain as follows:
SECTION 1
Yel-n Municipal C ode. Title 2 -Administration and Personnel -cover page (table of
contents) is amended to read as follows:
Title 2
ADMINISTRATION AND PERSONNEL,
Chapters:
x.02 Mavor
2.04 City Council
2.06 Mayor Pro Tempore
2.08 Ofticial Newspaper
2.10 City Clerk/Treasurer
2.12 Auditing Officer
2 14 City Administrator
2.16 - Communit~Development Director
2.18 Police Chief
2.19 Public Works Director
2.20 City Employees
2.21 Reimbursement of Employee Expenses
2.22 Municipal C ourt
2.26 Hearing Examiner
2.28 Civil Defense
2 30 Cit~Attorney
2.32 Parks Advisory Committee
2.34 Tree Advisory Board
2.36 Planning Commission
2.44 Employees' Retirement System
2.48 Civil Service Commission for Police Department
2.50 Appointment and Training of Police Reserve Officers
2.51 Police Advisory Committee
2.52 State Environmental Policy Act Guidelines
2.~4 Lost and Unclai-~ed Property
2.58 City Services
2.62 Lihrary District
City of Yelm Ord. 829 Page 1 of 9
2.63 Yelm Library Advisory Board
2.66 Annexation Procedures
2.70 Leave Sharing Program
2.74 Credit Card Use
SECTION 2
Chapter 2.02 -Anew chapter is added as follows:
x.02 Ma.
02 Ol 0 Powers and duties ~e~nerally. The mayor shall be the chief executive and
administrative officer of the city in charge of all departments and employees, with authority
to desinate assistants and department heads The mayor shall appoint a chief administrative
otticer to be known as the city administrator if so provided by ordinance. The mayor shall
see that all laws and ordinances are faithfully enforced and that law and order is maintained
in the city and shall have ;general supervision of the administration of city government and
all city interests All oftcial bonds and bonds of contractors with the city shall be submitted
to the mayor or sucl~erson as maybe designated for approval or disapproval The mayor
shall see that all contracts and agreements made with the city or for its use and benefit are
faithfully kept and performed and to this end may cause any legal proceedin sg to be
instituted and prosecuted in the name of the city subject to approval ~ majority vote of the
council. The mayor shall preside over all meetings of the city council, when present, but
shall have a vote only in the case of a tie in the votes of the council members. "1'he maw
shall report to the council concerning the affairs of the city and its financial and other needs,
and shall make recommendations for council consideration and action. The mayor shall
prepare and submit to the council a proposed budget, as required by Chapter 35A.33 RCW.
The mayor shall have the power to veto ordinances passed by the council and submitted as
provided by RCW 35A.12.130. but such veto may be overridden by the vote of a majority of
all council members plus one more vote. The mayor shall be the official and ceremonial
head of the city and shall represent the city on ceremonial occasions, except that when illness
or other duties prevent the mayor's attendance at an official function and no mayor pro
tempore has been appointed by the council, a member of the council or some other suitable
person may be designated by the mayor to represent the city on such occasion.
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reg~-perta-i+~-i+~~--tc}c-i-ry-I-se~v+r~ate-I-~-ores
2.02.040 Ordinance powers and duties. Every ordinance which passes the council, in order
to become valid. must be presented to the mayor. If approved it shall be signed, but if not, it
shall be returned with the mayor's written objections to be entered at large upon the journal
and proceed to a reconsideration thereof. If, upon reconsideration, tive members of the
council votin~pon a call of yeas and naffs favor its passage. the ordinance shall become
valid notwithstandingthe mayor's veto. If the mayor fails fo-- 10 dais to either approve or
veto an ordinance. it shall become valid without approval.
City of Yelm Ord. 829 Page 2 of 9
St~:CT10N 3
Chapter 2.10 - Is amended to read as follows:
2.10 City Clerk/Treasurer
2.10.010 Duties. The duties of the city clerk/treasurer shall be those set forth in RCW
>5.27.220. as now or hereafter amended or codified, which Revised Code of Washington
section is incorporated by this reference. The city clerk/treasurer shall be in charge of all
em~loyees in the city clerk/treasurer's department and shall perform those duties and
responsibilities as may be determined from time to time bathe city administrator, and/or
mati'or.
SECTION 4
Chapter 2.14 -Anew chapter is added as follows:
2.14 Cit}~ Administrator
2.14.010 Position. The position of city administrator, shall be filled b~ppointment of the
mayor, subject to the confirmation by a majority vote of the city council, to serve at the
pleasure of the mayor. The city at its discretion ma~~ecify additional terms and conditions
ofemplovment in a written agreement executed by the mayor and approved by the city
cnuncil_
2.14.020 Scope of authority. Under the direction and authority of the Mayor, the city
administrator shall supervise, administer, and coordinate the activities and functions of all
city officers, departments, commissions and boards to implement city ordinances and policies
through the efitective use of city employees, funds, materials. facilities and time, and shall
direct and control the overall operations of the city to assure optimum services to the
COI71171unItV•
SEC"PION 5
Chapter 2.16 - Is hereby repealed:
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and replaced with:
Chapter 2.16 Community Development Director
2.16.010 Duties. The community development director shall have charge of the community
development department employees and shall perform those duties and have such
responsibilities as are prescribed by law and as may be determined from time to time by the
city administrator and/or ma.
Sf:C"LION 6
Chapter 2.18 - Is amended to read as follows:
2.18 Police Chief
?. 18.010 Powers and duties authorized. The chief of police shall be chief executive officer
of the department, responsible for the effectiveness thereof in the enforcement of local laws
City of Yelm Ord. 829 Page 3 of 9
and general protection and safety of the community, its residents and visiting public. The
police chief shall. subject to the approval of the mayor and/or •"~°~^~'~~~~~~~^+~•~° ~~+~~^°~ c
administrator, promulgate such rules and regulations pertaining to the administration of the
police department as he/she may deem necessary and proper.
"The police chief shall be in charge of all employees in the police department and shall
pertorm those duties and responsibilities as may be determined from time to time by the city
administrator, and/or mayoC•
SECTION 7
Chapter 2.19 -Anew chanter is added as follows:
2.19 Public Works Director
2.19.010 Duties. The Public Works Director shall be in charge of all employees in the
department of public works and shall perform those duties and responsibilities as may be
determined from time to time by the city administrator, and/or mayor.
ST~:C PION K
Chapter 2.20 - Is amended to read as follows:
2?0 City Employees
220.010 Appointive officers -Designated. The appointive officers of the city. ~"°'
~~~• ~~'°~'-~*~°^: ~~~°~ ~'~~° ~"~°'~^~~' ^ ~'~^° ~ ~~*~^°. shall be as follows: a city
administrator. a city attorney, a chief of police, a city clerk/treasurer, apublic works director
and a community development director, all of whom shall be appointed by and shall l
e serve at the pleasure of the mayor; provided that the city administrator shall be
appointed pursuant to Yelm Muncipa( Code 2.14.010;
F,.,.,,:.,~. *"° ~'~~*~°^ ~~*"° °+f~^°. and provided that the municipal jud~7e shall be appointed
and compensated pursuant to Yehn Municipal Code 2.22. T'he municipal court administrator
shall be appointed and shall serve at the pleasure of the municipal judo
2.20.050 Duties. The appointive officers identified in this chapter shall perform such duties
as may be prescribed by the laws of the state and ordinances of the city, or as may be
authorized and directed by the mayor of the city. The city at its discretion ma~pecify
City of Yelm Ord. 829 Page 4 of 9
additional terms and conditions of em~loyment in a written a~=reement executed by the mayor
and approved by the city council.
2?0.060 City clerk/treasurer's office location and hours. The office of the city
clerk treasurer shall be in the City Hall of the city and shall be open for public business
Monday through Friday of each week excepting legal holidays as prescribed by laws of the
state and/or by ordinances of the city. Hours of operation shall be as set by resolution of the
cite council from time to time.
SECTION 9
Chapter 2.22 - Is amended to read as follows:
2.22 Municipal Court
2?2.010 Created. .
by t~l~c~-pt-~I~+c-:-'mTd~~H-{~ '~--'~ There is established a municipal court entitled "The
Yelm Municipal Court," hereinafter referred to as "municipal court," which court shall have
jurisdiction and shall exercise all powers enumerated herein and in Chapter 3.50 RCW, as
presently existing or hereafter amended, together with such other powers and jurisdiction as
are generally conferred upon such court in this state either by common law or by express
statute.
2.22.015 Court of record. The Yelm Municipal Court shall herewith be desi~=Hated a court of
record under the statutes and court rules of the state of Washin tg on, pursuant to Article 4,
Section 1 I, ofthe Constitution of the state of Washington, RCW Section 2.04.190, RCW
Sections 3.02.020 through 3.02.040, RCW Section 3.50.010, and the Rules of Court, RALJ
5. I through 6.4. Furthermore. the Yelm municipal judge shall be an attorney.
2.22.020 Functions and duties transferred. All of the functions and duties of the existing
police court and all cases pending therein shall be. and the same are, transferred 1o the
municipal court, as reorganized in this chapter.
2.22.030 Jurisdiction. The municipal court shall possess such ,jurisdiction and shall exercise
such power and duties as are set forth in Chapter 3.50 RCW, as amended.
2?2.040 Judges and judges pro tem. A municipal court judge and judges pro tem shall be
appointed by the mayor pursuant to Chapter 3.50 RCW, as amended. Judges of the municipal
court shall possess such qualifications and shall exercise such .jurisdiction as provided for in
Chapter 3.50 RCW. as amended.
2.22.050 Salaries and costs. The salary of the municipal cou--t~ge and judges pro-tempore
shall be tixed by ordinance. However, any such compensation paid to such judge pro-
tempore shall be deducted from the re ug larly established compensation of the municipal
court jud eg except for those times of absence approved by the mayor. All costs of operating
the municipal court. including, but not limited to. salaries of judges and court employ
dockets. books of records, forms, furnishings and supplies. shall be paid wholly out of the
City of Yelm Ord. 829 Page 5 of 9
funds of the city The city shall provide a suitable place for holding court and pay all
expenses of maintaining
"~ 060 Municipal court employees All employees of the municipal court including the
court administrator shall for all purposes be deemed employees of the city. "t•hey shall be
appointed by and serve at the pleasure of the municipal judge.
SECTION 10
Chapter 2.24 - is repealed:
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SECTION I I
Chapter 2.30 -Anew chanter is added as follows:
2.30 City Attorney
2.30.010 Position. The~osition of city attorney shall be appointed by the mayor.
Compensation payable to the city attorney shall be established in each annual buds
2.30.020 Duties. The city attorney shall advise the city authorities and officers on all legal
matters pertainin; to the business of the city. The city attorney will represent the city in all
actions brought by or against the city or against city ofi7icials in their ofticial capacity and
perform such other duties as prescribed by statute. Nrovided however, the city attorney is
authorized to appoint special assistant city attorneys, including Rule 9 interns to assist with
municipal prosecution.
SECTION 12
Chapter 2.40 - Is hereby repealed:
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City of Yelm Ord. 829 Page 6 of 9
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SE-:C~fION 13
Chapter 2.48, Section 2.48.010 is amended to read as follows:
?.8.010 Established. In order to carry out the provisions of Chapter 41.12 RCW (Chapter
13. Laws of 1937), as amended, there is created and established in the city a classified civil
service for all full paid ~ police officers of the city. excluding the police chief:
and, Section 2.48.050 is amended to read as follows:
?.48.050 Eligibility. All full paid p~ police officers holding a position in the city
police department, ~ excluding the police chief, who have served in such positions
continuously for a period of six months last past. are automatically adopted and inducted
permanently into civil service and into such office, place, position or employment which any
such person has held as completely and effectually to all intents and purposes, as if such
person had been permanently appointed thereto under civil service after examination and
investigation. Nersons now holding any such position who have not served in such position
continuously for a period of six months last past shall be given credit for the time they have
held such position as a temporary or probationary appointment and shall be automatically
adopted and inducted permanently into civil service and into such position upon the
completion of six months' service, unless terminated prior thereto.
SF~:('"PION 14
Chanter 2.58 - Is hereby repealed:
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City of Yelm Ord. 829 Page 7 of 9
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and replaced with:
2.58.010 Public documents -Access to for inspection and copying.
Nonexempt public records shall be available for inspection and copyin~uring re~~ular
oltice hours. Requests for public records shall be in writing; on forms furnished by the
city. "fhe city shall honor requests received by mail for identifiable public records. To the
extent required to prevent an unreasonable invasion of personal privacy, the citesshall
delete identifti~in~; details when it makes available or publishes any public records:
however in each case the justification for the deletion shall be explained fully in writing
Criminal history record information consistin€' of non-conviction data shall be deleted
pursuant to RC W 10.97.060.
258.020 Fee schedule.
A. No fee shall be charged for the retrieval of public records.
E3. Un-codified ordinances are provided free of char
__ C. Char 7e~, s for public records shall be:
1. Ten cents per pale, or
2. Actual costs of reproducing said documents paid directly the
individual requestin t~copies, to the business contracted with to
perform the cop_~~7 services.
D. Costs for items available on CD or audio tape shall be $5.00 per
CD or tape and shall be paid at the time the co~y is requested.
2.58. 030 Disclosure for commercial purposes prohibited.
The city shall not give, sell or provide access to lists of individuals requested for
commercial purposes.
SEC"T•ION 15
Effective date. This ordinance will take effect five days after passage. approval and
publication.
SECTION I6
Saving clause. Ordinances repealed and amended by this ordinance, shall remain in force
and effect until the effective date of this ordinance.
SECTION 17
Scverability. If any section, subsection, paragraph. sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect
the validity of the remaining portion of this ordinance.
Passed by the Yelm City Council at a regular meeting thereof this 8`~' day of.lune. 2005.
City of Yelm Ord. 829 Page 8 of 9
Mayor
AUT NTICATED:
,.
~%'~~~~ ,
A s P. Bennick, City Clerk/Treasurer
Published: Nisqually Valley News, June 17, 2005
Effective Date: June 22, 2005
City of Yelm Ord. 829 Page 9 of 9