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Municipal Research News
Resources for Washington Cities and Towns
December 1991
Articles
- Welcome to City Hall
- Who Governs MRSC?
- Trends in Forms of Government in Washington Cities
- Ask MRSC
- Budget Note: Utility Reimbursment
- Notes From the Field...
- Washington News Clips
- From the Library
- UW's Cascade Center for Public Service Offers Training Courses
- State Holidays for 1992
Welcome to City Hall
On November 5, 267 Washington municipalities went to the polls to elect new city officials. Waitsburg, operating under a territorial charter will not elect new officials until April. The staff of the Center extends a hearty welcome to the new members of the municipal family.
Now that you have been elected, there are many issues to address and problems to solve. One of your greatest needs will be information and technical assistance. Two organizations stand ready to meet your needs: the Municipal Research & Services Center of Washington (MRSC) and the Association of Washington Cities (AWC).
For those of you unfamiliar with the services of the two organizations: MRSC is a nonprofit corporation, under contract with the Municipal Research Council, a state agency, to provide cities and towns with a technical, consultative, and field services program. The program, whose principal components are an inquiry service and publications, is funded through the cities' share of the motor vehicle excise tax. AWC is also a nonprofit organization, funded primarily through service fees paid by the 268 member cities. AWC provides legislative services, workshops and conferences, and publications. It also gives technical assistance, principally in the areas of energy, transportation, and personnel.
AWC will be holding workshops around the state for the newly elected officials: January 17 in Tacoma, January 18 in Everett, January 24 in Spokane, and January 25 in Yakima. For those who cannot attend the workshops, AWC has produced two videos that may be helpful: The Council's Choice and Doing the Right Thing. There is also a publication titled, Welcome to City Hall.
The Center automatically provides copies of its publications to each municipality upon publication. Among the MRSC publications available to you are: Knowing the Territory: Basic Legal Guidelines for Municipal Officials; Local Ordinances: The Drafting, Compilation, Codification, and Revision of Ordinances; Bidding & Award Procedures; and Budget Suggestions, an annual publication containing information useful in the preparation of budgets. There is a handbook for code, third, and fourth class cities. First check with the clerk's office; if copies cannot be located, the Center has a limited number still available.
MRSC offers an inquiry program where you may call or write with questions or requests for information on all aspects of municipal government including finance, public works, planning, public policy, and municipal law. The service is available from 7:00 a.m. to 5:00 p.m. The Center has a toll-free number, 1-800-933-MRSC, to use if your call is long distance. Appointments may also be made with staff members for consultation at the Center. Materials can be faxed to the Center 24 hours a day at (206) 827-5002. Phone messages may be left after 5:00 p.m. for a return call the followingmorning.
The Center also has a library containing sample ordinances, various studies, reports and other documents from Washington municipalities, periodicals, and standard reference works related to municipal government. Library materials are used most often in conjunction with the inquiry service to municipal officials. However, the library is also open to any municipal official who wishes to visit.
Should you not be attending AWC's Newly Elected City Officials Workshops, we will provide you with an information packet on the Center's services, including a list of publications.
Who Governs MRSC?
Past issues of the newsletter have introduced the staff of MRSC, including its director. This column will give brief introductions to persons on the governing board of the Center. Many of these persons are already very familiar to you because of their long association with municipal government activities.
Warren A. Bishop began as a research associate for Bureau of Governmental Research in 1951. While at the Bureau, he was on the Edmonds city council. In 1957 he became Governor Rosellini's chief-of-staff, and the state budget director (1959-1965). In 1965 Bishop went to Washington State University where he served as vice president for university development and vice president for business and finance until retirement in 1979. He is currently chair of the Nuclear Waste Advisory Council under the Department of Ecology. Bishop has been president of MRSC's board since 1977.
Harry A. Pryde began as a research specialist at the Bureau of Governmental Research, following completion of a MPA at the University of Washington. Now active in real estate development, he is President of Pryde Corporation. Pryde is currently serving a sEcond three-year term on the Board of Directors of the National Institute of Building Sciences. He is a past president of the National Homebuilders Association and was inducted into the National Housing Hall of Fame in 1989. He is vice president of the MRSC board.
Lloyd W. Peterson became the senior assistant attorney general and chief legal counsel to the Uni versity of Washington in 1988. He has served the AG's office in several positions including deputy attorney general, division chief and legal counsel to DHSH, and he was the first attorney general to serve as resident legal council at Washington State University. While in Pullman Peterson was elected to the city council, served on Pullman's Fair Housing Commission, the Whitman County Park and Recreation Board, and the Whitman County Regional Planning Council. Peterson serves as secretary of the MRSC board.
Dr. John D. Ishii has held numerous government posts during his career including working for the Foreign Service as an Area Specialist on Northwest and Southeast Asian Affairs. From 1965 to 1973, he served as an advisor to the Prime Minister of Malaysia. He returned to his alma mater, SaintMartins College in 1973 as an associate professor in political science and retired in 1985 as the college's president. He is currently involved in a number of organizations and activities related to international trade, education, including the YMCA. Dr. Ishii is treasurer of the MRSC board.
Fred H. Andrews served for 25 years as city attorney of Yakima. He served on the Citizen's Advisory Committee to the Municipal Code Committee that drafted legislation for the Optional Municipal Code. Andrews is past president of the Washington State Association of Municipal Attorneys (WSAMA). He is currently serving as an assistant pastor at the First Presbyterian Church of Yakima.
Wayne C. Booth is a partner in the firm of Beresford, Booth, Baronsky & Trempeter, specializing in business, estate planning, and probate. He is past president of the Seattle Bar Association. Booth served 10 years on the Seattle Public Library Board during the period of construction of the downtown library. He received an outstanding citizenship award from the Municipal League of Seattle-King County; and was honored by AWC in 1967 for his work on the Committee for Community Betterment, the sponsor of Initiative 226 which provided for the allocation and distribution of a portion of the sales tax to cities and towns.
Betty Drumheller has been active in municipal government affairs since the early 1960s. She was a member of the Citizen's Advisory Committee to the Municipal Code Committee that drafted the Optional Municipal Code. In 1971 she was appointed by Governor Evans to the Municipal Research Council. She served as district assistant for Senator Magnuson (1975-1979), assisted with Senator Jackson's presidential efforts, and served eight years on the Democratic National Committee. Drumheller is a representative in general securities at InterPacific Investors Services Inc.
Nan Henriksen is the mayor of Camas, vice president of the Clark County Intergovernmental Resource Center, on the board of the Columbia River Economic Development Council, and a member of the Governor's Advisory Commission on Intergovernmental Relations. She is past president of the Association of Washington Cities. Henriksen has also served on the Washington State 2010 Commission on Ecology and the Governor's Growth Strategies Commission.
Al Koetje served as an Oak Harbor city councilmember before being elected mayor in 1971. He is a past president of AWC, is a member of its legislative committee, and a member of the National League of Cities Small Cities Steering Committee. Koetje is president of the Koetje Agency, an insurance and real estate company. He is active in the Navy League and is a national director and a past president of the Oak Harbor Council of the Navy League. He has been active in the Rotary Club, Chamber of Commerce, and was named Oak Harbor Citizen of the Year in 1968.
G. Eldon Marshall was city supervisor of Olympia from 1954 to 1982. He was a charter member of the Washington City Management Association and the Washington Finance Officers Association and served as president of both. Marshall was also regional vice president of the International City Management Association, 1981-1982. He has served on numerous state advisory committees and has been active in the local community. Currently he is president of Marshall, Hubert, Marshall, a public relations and graphic design firm.
L. Joe Miller has held many positions associated with city government beginning with assistantexecutive secretary of AWC in 1950. He was an assistant to the municipal manager and public works director of the government-owned, unincorporated city of Richland. Miller became the assistant city manager after the 1958 incorporation. He was city manager of Bellevue for 17 years, city manager of Rochester, New York, assistant superintendent and acting superintendent of Seattle City Light, and manager of METRO's downtown transit project. He is a past president of the Washington City Management Association and International City Management Association.
Betty Jane Narver is director of the University of Washington's Institute for Public Policy and Management in the Graduate School of Public Affairs. She is past president of the Municipal League of King County, a member of the Educational Working Committee of the Washington Roundtable, a member of the Parent-Child Health Advisory Council, and a board member of the Seattle Public Library Foundation.
Margery Price has been the city clerk of Kennewick for the past 17 years. She is past president of the Washington Municipal Clerks Association and is immediate past president of the International Institute of Municipal Clerks Association. Price is one of two city clerks in the United States who is a Registered Parliamentarian. In June 1991 she was presented with the Silver Knight of Management Award from the National Management Association.
David W. Stevens joined the Bureau of Governmental Research as a municipal research specialist following completion of a MPA in 1957. He served two years as assistant city manager of Tacoma. In 1968 Stevens went to the Planning and Community Affairs Agency. He served as energy assistant under Dan Evans, spent 1977-1979 with National Governors Association Energy Program, was Energy Coordinator under Governor Spellman, and in 1983 became director of Nuclear Waste Office. He is now engaged in private consulting on environmental issues and dispute resolution, and is the energy policy coordinator for DOT.
Donald H. Stout is general counsel for the Seattle City Attorney's Office. He has a master's degree in physical chemistry and applied mathematics, as well as a law degree from the University of Colorado. Stout is a Marine Corps veteran, having served during the early years of the Vietnam war. He began working for the Seattle City Attorney's Office in 1969 following graduation from law school. Stout was active in democratic politics in the 1970s. He is a member of the Tax and Intellectual Properties section of the Washington Bar and past president of WSAMA, the municipal attorneys association.
Joseph H. Street was elected to the Pullman city council in 1947 and served until 1951 when he was appointed city administrator. He also served as the city administrator of Kent from 1968 until his retirement in 1980.
Trends in Forms of Government in Washington Cities
by Byron Katsuyama, Public Policy Consultant
Historically there have been three basic forms of municipal government found in Washington cities: the mayor-council form, the council-manager form, and the commission form. Each alternative form represents a different approach to the political and administrative organization of municipal government. At one time or another, citizens of every city and town in Washington have taken up the question of which form of government would be best for their community. In our most recent state election, competing ballot propositions representing proposals for each of the three basic forms of government were debated and voted on in at least two cities.
Table 1
Washington Cities by Population and Form of Government 1991
|
Form of Government [No. And % of (A)] |
||||
|
Population Group |
All Cities (A) |
Mayor-Council |
Council-Manager |
Commission |
|
Total - all cities |
268 |
228 (85) |
37 (14) |
3 (1) |
|
250,000 - 500,000 |
1 |
1 (100) |
--- |
--- |
|
100,000 - 250,000 |
2 |
--- |
2 (100) |
--- |
|
50,000 - 100,000 |
4 |
1 (25) |
3 (75) |
--- |
|
25,000 - 50,000 |
15 |
8 (53) |
7 (47) |
--- |
|
10,000 - 25,000 |
19 |
5 (26) |
13 (68) |
1 (6) |
|
5,000 - 10,000 |
25 |
17 (68) |
7 (28) |
1 (4) |
|
2,500 - 5,000 |
40 |
36 (90) |
3 (7) |
1 (3) |
|
1,000 - 2,500 |
62 |
60 (97) |
2 (3) |
--- |
|
0 - 1,000 |
100 |
100 (100) |
--- |
--- |
CURRENT PICTURE
Table 1 shows the distribution of Washington cities by population and form of government. Currently, of Washington's 268 cities and towns, 228 (85%) operate under the mayor-council form, 37 (14%) have adopted the council-manager form, and three (1%) operate under the commission form.
The great majority of Washington's 268 municipalities are small mayor-council cities and towns. Of the 228 mayor-council municipalities in the state, 196 have populations of under 5,000, including 100 small mayor-council municipalities that have fewer than 1,000 residents. Some of the state's largest cities, having populations greater than 25,000, also operate under the mayor-council form, including the city of Seattle, with over 500,000 residents.
Most council-manager cities, 30 out of 37, fall within the 5,000 to 100,000 population range. In fact, mayor-council and council-manager cities in this population group are just about evenly split, with 31 cities operating under the mayor-council form and 30 cities under the council-manager form.
The three cities operating under the commission form of government are Wenatchee (22,080 population), Shelton (7,310 population), and Raymond (2,890 population).
HISTORICAL TRENDS
Mayor-Council - The mayor-council form is the oldest form of government found in Washington cities and was the only practical choice available to most cities from statehood in 1889 until 1910 when the commission form was introduced.
This form consists of an elected mayor (elected at-large) who serves as the city's chief administrative officer and a council (elected either at-large or from districts) which is responsible for formulating and adopting city policies. The mayor-council form is characterized by a separation of executive and legislative powers and a system of checks and balances patterned after our traditional national and state governments.
Mayor-council governments have generally been classified as either a "strong-mayor" or "weak-mayor" type depending upon the degree of executive authority that is concentrated in the office of mayor.
Under the "weak-mayor" form, the mayor has relatively limited authority, lacks the veto power, and must share control over administrative departments with several other elected officials. The designers of this form sought to decentralize the exercise of executive and policy making authority in order to avoid concentrating too much authority into any one office or body. The "weak-mayor" form was the dominant form of municipal government from the earliest part of the country's history at a time when most of the tasks of local government were still relatively simple. But as the functions of local governments gradually increased in their number and complexity, this early mayor-council form proved to be too cumbersome and inefficient to meet the needs of many growing cities.
To overcome some of the inadequacies of the "weak-mayor" form, from the mid-to-late 1800s, government reformers pushed for a more centralized system of administrative control leading to the development of the "strong-mayor" form of mayor-council government. Under this form an independently-elected mayor had greater powers of appointment and removal of subordinates, a higher degree of administrative control over departments, and the power to veto council legislation. The resulting government structure limits the council's role to policy making and oversight, and reserves administrative power and responsibility for the mayor.
In Washington the legislature basically provided for the "strong-mayor" type of government. Except in towns of the fourth class, the mayor was given the veto power.
By the time of statehood in 1889, there were 32 cities in Washington operating under the mayor-council form of government. From that time the number of cities operating under this form steadily increased, to 190 in 1920 and 208 by 1940, becoming the most popular form among Washington cities, particularly among those cities and towns under 5,000 population.
Progressive Reform Movement - On the national scene, the progressive reform movement of the early 1900s resulted in the development of two new forms of government, the commission form and the council-manager form. Concerned with the excesses of "political machines" operating in many of the country's cities and dissatisfied with the poor quality of many municipal services, government reformers of this period sought to induce positive change by introducing the values of efficiency and professionalism borrowed from the model of America's successful business organizations.
Commission Form - Initially introduced at Galveston, Texas in 1901, the commission form was the first major alternative to the mayor-council form and was widely adopted in the United States during the early 1900s. The commission form featured a small council whose members functioned collectively as the city legislative body and individually as city department heads. In theory, combining executive and legislative responsibility in one small elected body was supposed to result in increased political accountability and a more efficient and responsive city government.
Tacoma and Spokane were the first cities to adopt the commission form in Washington, both in 1910. As first class cities, Tacoma and Spokane were able to adopt the commission form through their charter authority. For other classes of cities, enabling legislation authorizing adoption of the commission form was enacted in 1911. Other cities adopting this form included Yakima, Walla Walla, and Chehalis in 1911, and Centralia in 1912.
Council-Manager Form - Sumter, South Carolina has been credited as the first city to adopt the council-manager form of government in 1912. The council-manager form consists of an elected city council, which is responsible for policy making, and a professional city manager, appointed by the council, who is responsible for administration. The city manager is directly accountable to, and can be removed by the council.
It was not until 1943 that the enabling legislation for the council-manager form was enacted by the Washington legislature. First class cities had the authority to adopt this form under their charters, but none had successfully done so (reformers in Seattle made several early, but unsuccessful, attempts). The first city in Washington to successfully adopt the council-manager form was the city of Sunnyside in 1948.
Table 2
Forms of Government and Percentage of Incorporated Population of Washington Cities 1940 - 1990.
|
Mayor-Council |
Council-Manager |
Commission |
||||||
|
Year |
No. |
% of Inc. Pop. |
No. |
% of Inc. Pop. |
No. |
% of Inc. Pop. |
Total No. of Cities |
Total Inc. Pop. |
|
1940 |
208 |
65% |
0 |
0 |
13 |
35% |
221 |
1,060,518 |
|
1950 |
221 |
61% |
2 |
1% |
15 |
38% |
238 |
1,422,983 |
|
1960 |
234 |
60% |
18 |
32% |
9 |
8% |
261 |
1,705,986 |
|
1970 |
233 |
57% |
24 |
37% |
8 |
6% |
265 |
1,907,182 |
|
1980 |
230 |
55% |
29 |
40% |
6 |
5% |
265 |
2,125,392 |
|
1990 |
228 |
54% |
37 |
45% |
3 |
1% |
268 |
2,287,498 |
MODERN TRENDS
Table 2 (page 11) shows the number of Washington cities adopting the mayor-council, council-manager, and commission forms of government from 1940 to 1990. Also included in Table 2 is the percentage of incorporated population governed by the three basic forms of government over the same period.
Since statehood the number of mayor-council cities increased steadily until it peaked in 1962 at 238, and then declined slightly, reflecting a growing number of Washington cities that were beginning to adopt the council-manager plan. Since 1940, 40 cities have incorporated under the mayor-council form and four cities have changed from another form to the mayor-council form. In 1990, Washington's mayor-council cities accounted for 54 percent of the state's incorporated population.
Nationally, the mayor-council form is used in a majority of larger cities over 250,000 population and small cities under 10,000. This form accounts for roughly 53 percent of all U.S. cities over 2,500 population.
Although the commission form enjoyed an initial period of popularity in Washington, the number of adoptions peaked in the early 1940s at 15 cities. In 1944 Shelton was the last city to adopt the commission form. At the height of its popularity, 38 percent of the state's incorporated population lived in cities operating under the commission form. Since that time the number of commission cities has steadily decreased, until today only three cities, Wenatchee, Shelton, and Raymond, continue to operate under this form, accounting for less than one percent of city residents. Of the 12 cities that abandoned the commission form, 10 changed to the council-manager form and two to the mayor-council form. Nationally, the commission form is used in only one percent of U.S. cities over 2,500 population.
The number of adoptions of the council-manager form in Washington has increased steadily since the time of its introduction. After Sunnyside first blazed the trail in 1948, the city of Ellensburg followed quickly, adopting the plan in the following year. Other cities have followed over the years with 14 adoptions in the 1950s, seven in the 1960s, seven in the 1970s, and seven in the 1980s. Washington's two newest cities, SeaTac and Federal Way, both adopted the council-manager plan when they incor porated in 1990. Only two cities, Bonney Lake (1973) and Anacortes (1982), have abandoned the council-manager plan, both changing back to the mayor-council form.
Today the 37 Washington cities operating under the council-manager form of government range in population from 2,210 in Ocean Shores to 170,700 in Spokane. The total population in council-manager cities in 1990 was slightly over one million residents, accounting for approximately 45 percent of the state's incorporated population.
On the national level, the council-manager plan is found in roughly 37 percent of U.S. cities over 2,500 population. This form is used in a majority of medium- to large-sized municipalities between 10,000 and 250,000 population.
MERGING FORMS?
A growing number of mayor-council cities have begun adding a new professional position of city administrator or chief administrative officer (CAO) in the mayor's office. CAOs serve under the mayor and assist with the mayor's administrative and policy-related responsibilities. Typically, this position may be responsible for budget preparation, personnel administration, and the daily supervision of departments. In theory, the appointment of a CAO frees the mayor from the need to attend to administrative details and allows the mayor to focus greater attention on policy development and political leadership roles.
This form is really a hybrid of the council-manager and mayor-council forms, since it borrows some of the characteristics of each. There is a single elected executive to represent the community and provide political leadership--assisted by a professional manager. Some local government observers have suggested that this trend actually represents a converging of the two dominant forms of government.
In Washington, this variation on the mayor-council plan has been growing in popularity over the past 10 to 20 years, particularly among cities and towns under 10,000 population. In a 1985 survey, the Municipal Research Center identified 65 mayor-council cities and towns that had established a position of city or town administrator, or other similar position. The Officials of Washington Cities 1990-1991 currently lists 85 cities that have established some type of CAO position. In addition, each of the three commission cities have also created city administrator type positions.
While there continues to be a wide variation in levels of responsibility among CAOs, their numbers are significant and represent an important trend toward the further integration of professional man agement into Washington local government. It is interesting to note that mayor-appointed city admini strators and supervisors today comprise more than half of all the members of the Washington City-County Management Association.
CONCLUSION
Reflecting national trends, the mayor-council form remains the most common form of government found in Washington cities and towns particularly among the smaller jurisdictions and in the very largest. The trend toward professional management in local government introduced through the council-manager plan during the 1940s has had a major influence on the structure of Washington local governments. The continuing popularity of professional management reflects not only the growth in the number and complexity of local government services, but also the growing demands placed on local governments, both large and small, in the form of federal and state mandates and reporting requirements. The growth in external demands, in particular, may be one reason that increasing numbers of smaller mayor-council cities have also hired professional managers.
UW's Cascade Center for Public Service Offers Training Courses
The Cascade Center for Public Service at the University of Washington has two programs of interest to municipal officials: The Cascade Management Series and the Cascade Public Executive Program--training programs for mid- and senior-level public sector managers.
The Cascade Management Series is six courses, each a week long, designed to meet the needs of mid-level public managers. The courses are for both seasoned and new managers who implement pro grams and deliver services. Persons promoted to management from a technical or staff specialty will find the courses especially beneficial for this transition. The courses are non-residential and will all be held in the Seattle area.
The first series course for the 1992 term will be held January 13-17 and is titled "Policy and Program Development and Analysis: From Concept to Service." The course will be taught by Richard Elmore. The other five courses will be offered throughout the year.
The Cascade Public Executive Program is a 10-day residential program for senior officials from local government jurisdictions in the Northwest. Its intensive curriculum and residential format were designed to help public officials anticipate and effectively manage the range of complex issues they face.
The 1992 program will be held April 28 through May 8 at the resort at Port Ludlow.
Applications for these programs are now being accepted. Additional information, schedules, and application materials can be obtained by calling the Cascade Center for Public Service at (206) 685-0523.
Ask MRSC
This column contains summaries of recent inquiries answered by MRSC consultants. The detailedlegal analysis has been simplified; however, if a complete copy of the inquiry response is desired, please contact the Center.
ASSUMPTION OF OFFICE--May new council wait until sEcond week in January to be sworn in?
Councilmembers serve for four-year terms which are to begin immediately after December 31, thus, on January 1 (RCW 29.04.170). The statutes clearly contemplate that the new council shall come into office on January 1 and, in fact, provide for early swearing-in of officers to allow the term to begin January 1. Officers may be sworn in at the last council meeting in December or up to ten days before the scheduled day of assuming office, January 1. (See RCW 29.04.170(3).)
However, if for some reason the newly-elected councilmembers do not take office on January 1, the "old" council will continue in office as "holdovers." The relevant statutes specify that the outgoing officer serves until the successor is elected "and qualified." The last step in "qualifying" for office is being sworn in. (See RCW 29.04.170(3) and RCW 29.01.135(4).) Thus, until the newly-elected person is sworn in, he or she is not yet "qualified" and the outgoing officer remains in office. The holdover councilmember would continue to exercise all of the same authority and power as he or she did during the regular four-year term.
At some point the newly-elected councilmember must be sworn in or otherwise have his or her position declared vacant. See RCW 42.12.010(6). Possibly a delay could be considered "non-feasance." A delay of a week or so, for a good reason, for example being out of the country, would not likely create any problems. (MRSC Inquiry No. 91-5206)
BUDGET ADOPTION--What happens if city does not have budget in place by January 1?
This question has both legal and practical implications. By law, a city must have its budget adopted prior to the beginning of the next fiscal year.
RCW 35A.33.160 and RCW 35.33.170 impose criminal penalties on any city official who "knowingly failing, or refusing, without just cause, to perform any duty imposed on such officer or employee by" the budget chapter. A person convicted of violating either section is guilty of a misdemeanor and subject to a fine of not more than $500 for each separate violation. In all likelihood no criminal complaint would ever be filed against a mayor and council who are performing legislative, policy-related tasks. Nevertheless, every effort should be made to have a budget in place on January 1.
From a practical standpoint, if government continues to operate without a budget in place, its payment of bills or salaries would be contrary to statutes. The state budget statutes provide that no warrant be issued unless funds have been appropriated for the underlying purpose. (MRSC Inquiry No. 89-3588)
COUNCIL QUALIFICATIONS--Would council be involved in challenge to member's qualifications?
All relevant statutes provide that the council shall be the judge of the qualifications of its members.In addition, it would be possible for a challenge to be made against the person in superior court. See ch. 7.56 RCW. (MRSC Inquiry No. 89-2368)
COUNCIL QUALIFICATIONS--What problems, if any, would exist if ineligible councilmember was seated on council?
An act by an ineligible officer, -where it is known that the officer is ineligible, may not be valid. See 3 McQuillin Municipal Corporations, Section 12.106. It might be desirable to determine the eligibility of the person at the earliest possible date so as to avoid any potential challenges to legislation, should he or she become a member of the council. (MRSC Inquiry No. 89-2368)
EXECUTIVE SESSIONS--Who may attend an executive session of the city council?
The question of who may attend an executive session, other than the council and the mayor, is determined by the council. Where appropriate, the council may invite other city officials, employees, or individuals to attend executive sessions. (MRSC Inquiry No. 90-0340)
OATH OF OFFICE--Who may administer an oath of office?
RCW 29.01.135(4) provides that "this oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths." An oath of office may be administered by the following: a notary public, a judge, a justice of the peace, a city or town clerk, a city or town mayor, a court commissioner, every judicial officer, every court, a clerk of the court, a county auditor or deputy auditor, or a county legislative authority. (MRSC Inquiry No. 89-3627)
REAPPOINTMENTS--Must mayor reappoint appointive offices in a code city?
No, RCW 35A.12.090 provides in part:
The mayor shall have the power of appointment and removal of all appointive officers and employees subject to any applicable law, rule, or regulation relating to civil service . . . Appointive offices shall be without definite term unless a term is established for such office by law, charter or ordinance.
Accordingly, unless an ordinance has set a term of office for a particular appointive position, the office's "term" would be indefinite and the incumbent does not need to be reappointed. (MRSC Inquiry No. 89-4037)
SELECTION OF MAYOR--Must council selection of chairman (mayor) in a council-manager city be by majority vote?
The statutes do not specify that the choosing of the chairman/mayor must be by majority vote. The relevant statutes require the new council at the first meeting to choose a chairman from among their number, unless the chairman/mayor is elected. Thus, if the council is voting among three candidates, one candidate may get more votes but still not receive a majority. This lack of a majority would notprevent the top vote getter from becoming chairman, if the council decides not to require a majority. (MRSC Inquiry No. 90-0031)
VETO POWER--Does the mayor in a code city have a veto power?
Under RCW 35A.12.100, the mayor has the power to veto ordinances passed by the city council, al though a mayor's veto may be overridden by a majority of the council plus one. This is not a "line item veto," but rather a veto power over an entire ordinance only. (MRSC Inquiry No. 89-4026)
VOTING--May councilmember who intends to resign vote on his replacement?
No. Until the councilmember resigns, there is no vacancy to fill. Once there is a vacancy, the resigning councilmember will have resigned and no longer would have a vote.
The Attorney General has concluded (AGO 1978 No. 20) that a city council may not appoint someone to succeed a resigning councilmember until the effective date of the anticipated resignation. (MRSC Inquiry No. 90-4498)
VOTING--May councilmember vote on issue, if public hearing not attended, but record was reviewed?
Yes. Court cases in this state have indicated that a councilmember who familiarizes himself with the record may vote on an issue, even if he was absent at a public hearing. See -Johnston v. Grays Harbor County, 14 Wn. App. 378 (1975) and Bowing v. Board of Trustees, 85 Wn.2d 300 (1975).
Budget Note: Utility Reimbursement
Chapter 152 of Washington Laws of 1991 added a new section to chs. 35.33, 35.34, 35A.33, and 35A.34 RCW. It provides that whenever any municipality apportions a percentage of the city's administrative time for administration, oversight, or supervision of a utility operated by that city, or provides services to the utility, the utility budget may identify such services and budget for reimburse ment to the city's general fund for the value of such services.
Notes From the Field . . .
City of Winslow/Bainbridge Island "Call for Participation"
by Shelagh Hornung, City of Winslow
In mid-November 1990, after the annexation of all of the unincorporated territory of BainbridgeIsland to the city of Winslow, the city prepared and sent out a "Call for Participation" to solicit volunteer help. A form was sent to all organizations on Bainbridge Island, was made available to the public at city hall and the Chamber of Commerce, and was presented in the local newspaper.
Citizens were asked to give their time, talent, and expertise in a variety of fields. Areas of interest included water resources, waste management, wetlands, zoning, public safety, health and human services, grant writing, and arts/culture.
Three hundred forms were returned indicating a willingness to volunteer. Frequently, resumes were attached to the forms. City staff were impressed with the enthusiasm and commitment. The forms were hand sorted by specialized field and placed in a binder. The binder was found too cumbersome to work with. One of the would-be volunteers was recruited to computerize the data. Approximately 125 volunteers have been asked to serve, either on committees or to help on an individual basis. Mayor Sam Granato reviews the "Blue Book," as the city calls it, and then appoints members to committees with specific charges. The charge is usually to review a particular need and then present recommendations to the mayor.
Volunteers serve on the city of Winslow Planning Agency, the Comprehensive Plan Advisory Committee, Land Use Transition Advisory Committee, Waste Management Committee, Environmentally Sensitive Areas Protection Ordinance and Land Clearing and Grading Ordinance Advisory Committee, Community Pride Committee, Request for Proposals Committee, Electric Power Undergrounding Committee, City Hall Planning Committee, and School Impact Fee Advisory Committee.
Individuals have also helped on special projects such as a city newsletter and the collection of past mayors' and councilmembers' pictures.
The cost of this project was minimal: photocopying the form and postage. The effects have been spectacular. The community greatly benefits from citizens serving on its committees. They make recommendations and involve themselves in projects with the understanding of the community's needs and wishes. The city benefits by having a tremendous amount of work done by volunteer experts in distinct fields. The volunteer benefits by seeing the results of his/her efforts knowing he/she played an integral role in what we all believe will be a success story of a "little" city that grew to be a "big" city in one enormous leap. The "Blue Book" has become as important to the city as the Revised Code of Washington. This is most definitely a "win, win, win" situation.
Winslow provided the Center with a notebook of "Achievements of the City of Winslow" containing descriptions of recent programs to share with other cities. Contents include: Tax and Appeal Resolution and Workshop, Adopt-a-Road Program, Recycling Program, Island Services Fair, DARE program, crime prevention, marine patrol, "Bus Stop Buddies," permit review efficiency, and items from the Achievements Committee.
Ritzville Enters the 1990s With a Totally Renovated Infrastructure
by Roy H. Peterson, MRSC Public Works Consultant
While most other cities face the increasing costs of updating and improving their cities' infrastructure, the city of Ritzville enters the 1990s with the enviable position of having a totally renovated infrastructure.
Visitors to Ritzville, 60 miles west of Spokane just off Interstate 90, are amazed by the clean look of the city. What they are seeing is the visual impact of new sidewalks and street pavement which followed a major upgrade to the water, sanitary sewer, and storm sewer systems under the streets.
With Farmers Home Administration assistance in 1984, the city constructed a new one-million gallon water standpipe and a water system loop around the city.
To improve the water distribution system in the downtown area, the city formed a downtown and south area LID. Financing of the improvements was also assisted by a $300,000 GO bond supported by the entire city because the voters recognized that the entire city benefitted from the downtown improvements.
The LID and GO bonds were approved by the voters in 1985 after an intensive information program that included numerous public hearings preceded by a mailing of the estimated program costs to every affected property owner.
The newspaper supported the proposed program by providing a forum for the distribution of information to the residents of Ritzville.
The downtown water distribution system was replaced and all storm sewers under the pavement were replaced before new sidewalks, curbs and gutters, and street pavements were constructed.
In 1986 and 1987, with the assistance of HUD Block Grant funds, the city followed this program with the rehabilitation of the water, sanitary sewer, and stormwater systems in the north area of Ritzville. New street pavement was necessitated by these utility improvements.
Credit must also be given to the State DOT for their financial assistance in the upgrading of Ritzville's 1st Avenue, which received funding under the arterial street program.
At this time only about four to five blocks of the city street program remain to be upgraded and funds are being budgeted to complete this remaining upgrade.
Pamela McBroom, the city clerk, reports that very few property owners are in arrears on their assess ments, and all residents are very proud of the appearance of their city.
On your next trip along I-90 stop in Ritzville for a cup of coffee and compliment the residents on their city infrastructure!
Washington News Clips
This column reports on activities of Washington's cities and towns that are of general interest. Most of this issue's news items have been excerpted from newspaper clippings. It is hoped that you will provide new items for the next issue.
Bellingham is considering fluoridating its drinking water. According to the state Department of Health there are currently 130 water systems in the state that add fluoride to the drinking water.
The Chewelah Chamber of Commerce, Economic Development Committee with the cooperation of the city prepared a video and brochure entitled, "Chewelah: A Place For All Seasons." In 1989 the Chamber began advertising with the video and brochure to show the natural beauty and Economic advantages of the city. In the past two years, nearly 25 retirement-age couples have moved to the area around Chewelah. MRSC has a copy of the video and brochure available for loan.
Kent recently adopted an ordinance requiring all telephone systems installed in new construction to include both an interface with the Enhanced 911 system (E-911) and provide selective routing of 911 calls to the appropriate jurisdiction. Ordinance No. 3012 addresses problems caused by Private Branch Exchanges (PBX) and Centron/Centrex's (CTX) which display the location and phone number identification of the PBX/CTX system to the public safety answering point, and not that of the caller. The latter can be life-threatening when the caller is unable to verbally provide the exact location of the emergency and the emergency dispatcher is unable to pinpoint the exact location of the caller because the PBX/CTX system is not at the same location as the caller. The ordinance also addresses systems that are sold without selective routing. A copy of the ordinance is available from MRSC.
Langley has imposed an additional one-quarter of one percent real estate excise tax as authorized by the Growth Management Act.
Mill Creek, population 7,780, received a plaque from the American Automobile Association (AAA) in recognition for four years of no pedestrian fatalities. While the award only covered a four year period, the city has had no pedestrian fatalities since its incorporation eight years ago.
Newport is considering sponsoring a municipal bingo game to raise funds for a civic center. Currently Mossyrock is the only known community to sponsor bingo as a source of municipal revenue. In 1991 Mossyrock expected receipts of $35,800.
Seattle and Bellingham were listed by the Center for Strategic Planning as being two of 125 cities in 35 states that had completed or were undertaking long-range strategic plans to guide their municipal organizations through the 1990s. The survey conducted by the Center was designed to network those cities wishing to undertake a strategic plan with those that have already completed a plan. A copy of the survey may be obtained from Roger L. Kemp, President, Center for Strategic Planning, PO Box 1101, Clifton, New Jersey 07014-1101.
Winslow voters approved changing the name of their city to Bainbridge Island effectiveJanuary 1, 1992. Winslow, incorporated in 1947, was named for Winslow Hall, one of the founders of Hall Brothers Marine Railway and Shipbuilding Co., the area's major industry.
There are 24 cities and two counties participating in the Sister Cities International Program: Auburn, Bellevue, Bellingham, Bingen, White Salmon, Bremerton, Brewster, Camas, Edmonds, Kelso, Kent, Moses Lake, Olympia, Port Townsend, Puyallup, Renton, Seattle, Spokane, Tacoma, Tukwila, Van couver, Walla Walla, Wenatchee, Yakima, King and Clallam County.
From the Library
The future of our cities and towns is dependent upon the actions of today's municipal officials. It is dependent upon the ability to visualize the future, set goals, develop policies, and communicate effec tively. The publications and videos listed below are items selected from the MRSC library related to looking at the future and strengthening leadership. They are available for a two-week loan.
Visualizing the Future
Designing the preferred future, by Glen Hiemstra. Redmond, Wash.: Hiemstra International, 1991. Videocassette; 65 min. (G 9.2100 D455 1991)
Forces shaping local government in the 90's, address by Dr. James Crupi, President International Leadership Center, Dallas, at the 76th annual International City Management Association Conference, Fort Worth, Texas, September 23-27, 1990. Videocassette. (G 9.1250 F65 1990)
Managing for tomorrow: Global change and local futures, edited by Amy Cohen Paul. Washington, D.C.: International City Management Association, 1990. 188 p. (G 9.2000 M355 1990)
Strategies for cities and counties: A strategic planning guide, by Donna L. Sorkin, Nancy B. Ferris, and James Hudak. Washington, D.C.: Public Technology, 1984. 76 p. (G 9.2150 So68)
Taking charge: How communities are planning their future, by Ronald L. Thomas, Mary C. Means, and Margaret A. Grieve. Washington, D.C.: International City Management Association, 1988. 86 p. (G 9.2150 I5 1988)
Goal Setting, Leadership Skills, and Communication
Building city council leadership skills: A casebook of models and methods, edited by Stephen W. Burke and James F. Wolf. Washington, D.C.: National League of Cities, 1981. 158 p. (G 4.000 B868)
Community leadership action pak for local government advisory boards. Washington, D.C.: International City Management Association, 1989. Kit: manuals and videocassette. (G 9.1200 I51989)
Developing work procedures: A guide for local governments, by Mary L. Walsh. Washington, D.C.: International City Management Association, 1987. 108 p. (G 4.1100 D48 1987)
Doing the right thing: Legal dos and don'ts for elected city officials, by Association of Washington Cities and Washington State University Program for Local Government, 1991. 1 videocassette; 2 hours. (G 8.0000 D655 1991).
Effective communication: Getting the message across, edited by David S. Arnold, Christine S. Becker, and Elizabeth K. Keller. Washington, D.C.: International City Management Association, 1983. 229 p. (G 9.3000 E55 1983)
Elected officials handbooks. 3rd ed. Washington, D.C.: International City Management Association, 1988. 5 vol. (G 4.1100 E125 1988). Handbook 1: Setting goals for action. Handbook 2: Building a policy-making team. Handbook 3: Setting policies for service delivery. Handbook 4: Setting policies for internal management. Handbook 5: Pursuing personal effectiveness.
State Holidays for 1992
The following are state legal holidays for 1992. Cities and towns do not have to follow this holiday schedule. The MRSC office will be closed these days.
Holiday/Date of Holiday
- New Year's Day, Wednesday, January 1
- Martin Luther King's Birthday, Monday, January 20
- President's Day, Monday, February 17
- Memorial Day, Monday, May 25
- Independence Day, Friday, July 3
- Labor Day, Monday, September 7
- Veteran's Day, Wednesday, November 11
- Thanksgiving Day, Thursday, November 26
- Day after Thanksgiving Day, Friday, November 27
- Christmas Day, Friday, December 25
- Floating Holiday, Optional