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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. Ordinance No. 002-18 Page 2 of 8 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: Ordinance No. 002-18 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. Ordinance No. 002-18 Page 4 of 8 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, Ordinance No. 002-18 Page 5 of 8 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: Ordinance No. 002-18 Page 6 of 8 (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 ATTEST:SPONSOR:/ V / //.-n / V Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember i I SEAL : I APPROVED AS TO FORM: ccdz&Q. 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