002-18 - Ordinance - Amending Section 2.08 Appointive OfficersORDINANCE NO. 002-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 2.08 ("APPOINTIVE
OFFICERS") OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed
to that of Non-Charter Code City; and
WHEREAS, the reclassification of the city necessitated certain revisions to the Port
Orchard Municipal Code ("POMC"); and
WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC
"Appointive Officers" to list all appointed officers; and
WHEREAS, the City Council has determined that it is in the best interests of the city
to amend certain provisions of Chapter 2.08 POMCto adoptthe necessary revisions to that
section of the POMC that resulted from the reclassification; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The title to Port Orchard Municipal Code Chapter 2.08 are hereby
adopted to read as follows:
Chapter 2.08
APPOINTIVE OFFICERS*
Sections:
2.08.010 Appointment and removal of appointive officers.
2.08.020 City clerk.
2.08.025 Compensation of city clerk.
2.08.030 Finance director.
2.08.035 Compensation of finance director.
2.08.040 Public works director.
2.08.045 Compensation of public works director.
2.08.050 City Engineer.
2.08.055 Compensation of city engineer.
2.08.060 Community development director.
2.08.065 Compensation of community development director.
2.08.070 Police Chief.
2.08.075 Compensation of police chief.
2.08.080 City attorney.
2.08.085 Compensation of city attorney.
2.08.090 Municipal judge.
2.08.095 Compensation of municipal judge.
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2.08.100 Code enforcement officer.
2.08.105 Compensation of code enforcement officer.
2.08.110 Hearing examiner.
2.08.115 Compensation of hearing examiner.
*Generally-See RCW 35A.12.020; 35A.12.090.
SECTION 2. The title to and provisions of Port Orchard Municipal Code Section
2.08.010 is hereby adopted to read as follows:
2.08.010 Appointment and removal of appointive officers. The mayor of the city
may appoint or remove the city clerk, finance director, public works director, city
engineer, development director, city attorney, police chief, municipal judge, code
enforcement officer, and hearing examiner subject to any applicable law,
ordinance, rule, or regulation, including those relating to civil service. All
appointments of city officers shall be made on the basis of ability and training or
experience of the appointees in the duties they are to perform, from among
persons having such qualifications as may be prescribed by ordinance, and in
compliance with provisions of any merit system applicable to the city.
Confirmation by the city council of appointments of officers shall be required
only when the city council, by ordinance, provides for confirmation of such
appointments. Confirmation of mayoral appointments by the council may be
required by the council in any instance where qualifications for the office or
position have not been established by ordinance. Appointive offices shall be
without definite term unless a term is established for such office by law or
ordinance.
SECTION 3. The title to and provisions of Port Orchard Municipal Code Section
2.08.020 are hereby adopted to read as follows:
2.08.020 City Clerk. There is created the position of city clerk. The city clerk shall
be appointed by the mayor and confirmed by the city council subject to all
provisions of Chapter 2.08, and shall serve at the pleasure of the mayor.
Powers and Duties. The city clerk shall administer the operation of the clerk's
office. The duties of the city clerk are as detailed in, but not confined to those
contained in, the job description on file in the office of the finance department
and may be updated from time to time. The city clerk shall have all the powers
granted and duties imposed by authority of the laws of the state, resolutions, and
ordinances of the city now existing or hereinafter adopted, subject to the general
supervision and control of the mayor or the mayor's designee.
SECTION 4. The title to and provisions of Port Orchard Municipal Code Section
2.08.025 is hereby adopted to read as follows:
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Page 3 of 8
2.08.025 Compensation of city clerk. The compensation of the city clerk shall be
the amount established by the city council in the annual budget or as established
by contract.
SECTION 5. The title to and provisions of Port Orchard Municipal Code Section
2.08.030 are hereby adopted to read as follows:
2.08.030 Finance director. There is created the position of finance director. The
finance director shall be appointed by the mayor and confirmed by the city council
subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the
mayor.
Powers and Duties. The finance director shall administer the operation ofthe
finance department. The duties of the finance director are as detailed in, but not
confined to those contained in, the job description on file in the office of the
finance department and may be updated from time to time. The finance director
shall have all the powers granted and duties imposed by authority of the laws of
the state, resolutions, and ordinances of the city now existing or hereinafter
adopted, subject to the general supervision and control of the mayor or the
mayor's designee.
SECTION 6. The title to and provisions of Port Orchard Municipal Code Section
2.08.035 is hereby adopted to read as follows:
2.08.035 Compensation of finance director. The compensation of the finance
director shall be the amount established by the city council in the annual budget
or as established by contract.
SECTION 7. The title to and provisions of Port Orchard Municipal Code Section
2.08.040 are hereby adopted to read as follows:
2.08.040 Public works director. There is created the position of public works
director. The public works director shall be appointed by the mayor and confirmed
by the city council subject to all provisions of Chapter 2.08, and shall serve at the
pleasure ofthe mayor.
Powers and Duties. The public works director shall administer the operation of
the public works department. The duties of the public works director are as
detailed in, but not confined to those contained in, the job description on file in
the office of the finance department and may be updated from time to time. The
public works director shall have all the powers granted and duties imposed by
authority of the laws of the state, resolutions, and ordinances of the city now
existing or hereinafter adopted, subject to the general supervision and control of
the mayor or the mayor's designee.
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SECTION 8. The title to and provisions of Port Orchard Municipal Code Section
2.08.045 is hereby adopted to read as follows:
2.08.045 Compensation of public works director. The compensation of the public
works director shall be the amount established by the city council in the annual
budget or as established by contract.
SECTION 9. The title to and provisions of Port Orchard Municipal Code Section
2.08.050 are hereby adopted to read as follows:
2.08.050 City engineer. There is created the position of city engineer. The city
engineer shall be appointed by the mayor and confirmed by the city council
subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the
mayor.
Powers and Duties. The duties of the city engineer are as detailed in, but not
confined to those contained in, the job description on file in the office of the
finance department and may be updated from time to time. The city engineer shall
have all the powers granted and duties imposed by authority of the laws of the
state, resolutions, and ordinances of the city now existing or hereinafter adopted,
subject to the general supervision and control of the mayor or the mayor's
designee.
SECTION 10. The title to and provisions of Port Orchard Municipal Code Section
2.08.055 is hereby adopted to read as follows:
2.08.055 Compensation of city engineer. The compensation of the city engineer
shall be the amount established by the city council in the annual budget or as
established by contract.
SECTION 11. The title to and provisions of Port Orchard Municipal Code Section
2.08.060 are hereby adopted to read as follows:
2.08.060 Community development director. There is created the position of
community development director. The community development director shall be
appointed by the mayor and confirmed by the city council subject to all provisions
of Chapter 2.08, and shall serve at the pleasure of the mayor.
Powers and Duties. The community development director shall administer the
operation of the community development department. The duties of the
community development director are as detailed in, but not confined to those
contained in, the job description on file in the office of the finance department and
may be updated from time to time. The community development director shall
have all the powers granted and duties imposed by authority of the laws of the
state, resolutions, and ordinances of the city now existing or hereinafter adopted,
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subject to the general supervision and control of the mayor or the mayor's
designee.
SECTION 12. The title to and provisions of Port Orchard Municipal Code Section
2.08.065 is hereby adopted to read as follows:
2.08.065 Compensation of community development director. The compensation
of the community development director shall be the amount established by the
city council in the annual budget or as established by contract.
SECTION 13. The title to and provisions of Port Orchard Municipal Code Section
2.08.070 are hereby adopted to read as follows:
2.08.070 Police chief. There is created the position of police chief. The police chief
shall be appointed by the mayor and confirmed by the city council subject to all
provisions of Chapter 2.08, and shall serve at the pleasure of the mayor.
Powers and Duties. The police chief shall administer the operation of the police
department. The duties of the police chief are as detailed in, but not confined to
those contained in, the job description on file in the office of the finance
department and may be updated from time to time. The police chief shall have all
the powers granted and duties imposed by authority of the laws of the state,
resolutions, and ordinances of the city now existing or hereinafter adopted, subject
to the general supervision and control of the mayor or the mayor's designee.
SECTION 14. The title to and provisions of Port Orchard Municipal Code Section
2.08.075 is hereby adopted to read as follows:
2.08.075 Compensation of police chief. The compensation of the police chief shall
be the amount established by the city council in the annual budget or as
established by contract.
SECTION 15. The title to and provisions of Port Orchard Municipal Code Section
2.08.080 are hereby adopted to read as follows:
2.08.080 City attorney.
(1) Appointment and Removal of the City Attorney. There is hereby created the
position of city attorney. The mayor may appoint or remove the city attorney
with confirmation by a majority vote of the city council. In lieu of the city
attorney being a city employee, the city may enter into a professional services
contract with a law firm or an individual upon agreement by the mayor and
confirmation by a majority vote of the city council.
(2) Duties. The city attorney shall:
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(a) Advise mayor, city council, and departments heads in all legal matters
pertaining to the business of the city. Requests for legal opinions shall
be directed to the city attorney through a tracking system maintained
by the city clerk;
(b) Approve all ordinances as to form and content;
(c) Prosecute and/or defend, in courts of original jurisdiction, and on
appeal, all civil actions brought by or against the city, or against
officials, officers, and employees in their official capacity, including
condemnation proceeding, provided where insurance counsel also
defends the city, the main burden of such actions may be left to such
counsel;
(d) Prosecute in Port Orchard Municipal Court violations of city
ordinances, provided the city council may by contract delegate this
responsibility to another individual, law firm or governmental entity;
(e) Attend all regular and special council meetings;
(f) Attend other city commission and/or board meetings as requested by
the mayor or responsible department head;
(g) Draft all ordinances, leases and conveyances, and such other
instruments as may be required by the business of the city, when
requested to do so by the city council or the mayor;
(h) Provide legal advice or assistance on issues related to labor law and
provide labor negotiations services when requested by the mayor and
city council;
(i) Perform such other duties as the city council may direct by
ordinance,
resolution or contract;
(j) Review and advise the city on all documents and advice provided by
the city's bond counsel.
SECTION 16. The title to and provisions of Port Orchard Municipal Code Section
2.08.085 is hereby adopted to read as follows:
2.08.085 Compensation of city attorney. The city attorney shall receive
compensation in such amounts as the city council may, from time to time,
establish by budget ordinance and contract.
SECTION 17. The title to and provisions of Port Orchard Municipal Code Section
2.08.090 are hereby adopted to read as follows:
2.08.090 Municipal judge. There is created the position of municipal judge. The
municipal judge shall be appointed by the mayor and confirmed by the city council
subject to all provisions of Chapter 2.08.
Powers and Duties. The municipal judge shall administer the operation ofthe
municipal court. The duties ofthe municipal judge as detailed in, but not confined
Ordinance No. 002-18
Page 7 of 8
to those contained in, the job description on file in the office of the finance
department and may be updated from time to time. The municipal judge shall
have all the powers granted and duties imposed by authority of the laws of the
state, resolutions, and ordinances of the city now existing or hereinafter adopted.
SECTION 18. The title to and provisions of Port Orchard Municipal Code Section
2.08.095 is hereby adopted to read as follows:
2.08.095 Compensation of municipal judge. The compensation of the municipal
judge shall be the amount established by the city council in the annual budget or
as established by contract.
SECTION 19. The title to and provisions of Port Orchard Municipal Code Section
2.08.100 are hereby adopted to read as follows:
2.08.100 Code enforcement officer. There is created the position of code
enforcement officer. The code enforcement officer shall be appointed by the
mayor and confirmed by the city council subject to all provisions of Chapter 2.08,
and shall serve at the pleasure of the mayor.
Powers and Duties. The duties of the code enforcement officer are as detailed in,
but not confined to those contained in, the job description on file in the office of
the finance department and may be updated from time to time. The code
enforcement officer shall have all the powers granted and duties imposed by
authority of the laws of the state, resolutions, and ordinances of the city now
existing or hereinafter adopted, subject to the general supervision and control of
the mayor or the mayor's designee.
SECTION 20. The title to and provisions of Port Orchard Municipal Code Section 2.08.105
is hereby adopted to read as follows:
2.08.105 Compensation of code enforcement officer. The compensation of the code
enforcement officer shall be the amount established by the city council in the annual
budget or as established by contract.
SECTION 21. The title to and provisions of Port Orchard Municipal Code Section 2.08.110
are hereby adopted to read as follows:
2.08.110 Hearing examiner. There is created the position of hearing examiner.
The mayor may appoint or remove the hearing examiner with confirmation by a
majority vote of the city council. In lieu of the hearing examiner being a city
employee, the city may enter into a professional services contract upon
agreement by the mayor and confirmation by a majority vote of the city council.
Powers and Duties. The duties of the hearing examiner are as detailed in, but not
confined to those contained in, the job description on file in the office of the
Ordinance No. 002-18
Page 8 of 8
finance department and may be updated from time to time. The hearing examiner
shall have all the powers granted and duties imposed by authority of the laws of
the state, resolutions, and ordinances of the city now existing or hereinafter
adopted.
SECTION 22. The title to and provisions of Port Orchard Municipal Code Section
2.08.115 is hereby adopted to read as follows:
2.08.115 Compensation of hearing examiner. The compensation of the hearing
examiner shall be the amount established by the city council in the annual budget
or as established by contract.
SECTION 23. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful 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 Ordinance.
SECTION 24. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 25. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23rd day of January 2018.
Robert Putaansuu, Mayor
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Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember
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APPROVED AS TO FORM:
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ron Cates, City Attorney
PUBLISHED:
EFFECTIVE DATE:
February 2, 2018
February 7, 2018
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held January 23, 2018.
ORDINANCE NO. 002‐18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 2.08 (“APPOINTIVE
OFFICERS”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 002‐18 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 002‐18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, February 2, 2018