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MRSC PUBLICATIONS › NEWS › Municipal Research News - September 1991
 

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Municipal Research News

Resources for Washington's Cities and Towns
September 1991

Articles

MRSC Hits the Road

The Municipal Research & Services Center has initiated a new field visit program. Our goal is to have staff members visit every municipality in the state by July 1993. Since June, staff members have visited over 40 cities, mainly in eastern Washington to take advantage of favorable mountain pass weather. We are very enthusiastic about this program which is being coordinated with the Association of Washington Cities' field program to avoid duplication of effort.

Our field visit program will improve MRSC's services to cities and towns by putting us into closer touch with your needs. Visiting staff members will explain MRSC services and they will solicit your ideas on ways we can improve those services. In a world of faceless high tech communications, we believe it important to maintain personalized services with our municipal officials.

The Center is also interested in your community. A site visit gives us a better understanding of your local area, its problems, and opportunities. While visiting, our staff members will be collecting information about your community and the services that are provided. We would like to create a profile for each city and town in the state. This profile will enable us to better understand problems facing Washington cities and towns, and also to learn about your innovative solutions so that we can share them with other municipalities.

A MRSC staff member will be contacting an official in your city or town to arrange a convenient time for a visit. If we are able to bring any publications or materials that are of special interest, let us know and we will provide them. We will answer your questions, where possible, and provide on-site consultation services for interested city officials. Questions that we cannot answer during the visit will be addressed once back in the office where they can be researched.

Our staff is very excited about this program. We look forward to getting to know you and your city better. Please let us know if you have ideas about how to make this program more effective.

Who is MRSC?

This is the third, and final installment of "Who is MRSC" begun in the March 1991 issue. This month's column features the Center's administrative and support staff.

Rich Yukubousky
Executive Director

Rich became the Executive Director of the Center in July 1990 after a career that included more than 20 years of state and local government experience and private consulting practice. He has a B.S. in Civil Engineering from the New Jersey Institute of Technology, M.S. from Rensselear Polytechnic and doctorate in Urban Planning from the University of Washington. Prior to joining the Center Rich worked for the city of Seattle from 1979 to 1990 in a variety of urban planning, policy analysis, and management positions. He was appointed the Director of the Land Use and Transportation Project in 1985, and the Director of Seattle's Office for Long-range Planning in 1987. Rich has also worked as a transportation planner for the N.Y. State Department of Transportation, consulted with Boeing Computer Services, and later formed his own firm, and taught courses at the University of Puget Sound and University of Washington.

Rich lives in Seattle with his wife, Bernadette, and sons, Michael and Matthew. His interests include hiking, biking, skiing, and music.

Marcie M. Klobucher
Controller

Marcie became a member of the MRSC staff in April 1990. She received a B.A. in Business Administration from Washington State University, passed the Uniform C.P.A. Exam, and subsequently completed the experience necessary to obtain her C.P.A. license. This experience includes 3 1/2 years of public accounting, specializing in auditing and tax preparation for nonprofit clients. Marcie is responsible for the Center's budgeting and finance. She is an avid Cougar fan, planning to marry a Husky fan on December 28 in Spokane. She intends to convert him.

Lisa Livingston
Executive Coordinator

Lisa joined MRSC in April 1987. She moved to the Seattle area in 1984 from Eastern Washington. As the Executive Coordinator, she is responsible for the supervision of administrative staff functions. She coordinates the conference preparation and other services that MRSC provides to professional associations such as WSAMA and WCMA. She is also the computer network supervisor responsible for the administration of a Novell network supporting twenty staff users. Lisa is also editor of the "Officials of Washington Cities" publication. Her interests include music, camping, swimming, and most other outdoor water sports. Lisa lives in Everett with her husband, Scott, and their daughter, Shayna.

Holly Martin
Word Processor

Holly joined MRSC in April of 1989. She is a native Washingtonian and lives in Everett. Holly began her computer career while still in high school at the Sno-Isle Vocational Skills Center. Holly has worked continually to maximize efficiency in word processing and to introduce word processing into other areas needing assistance. Among her many challenges was formatting the MRSCnewsletter without the aid of desktop publishing software.

During her off hours she free lances for a local engineering firm and continues to broaden her knowledge of current software programs and capabilities.

Holly enjoys spending her free time basking on the shores of Lake Chelan. Stop by for a few rays!

Sandy Dameron
Word Processor

Sandy began her career in the private sector with the Xerox Corporation in 1963, but switched to local government in 1973. She worked with city management in Westminster, California for 15 years. In 1989, she moved to the Seattle area when her husband accepted a job transfer. Sandy then joined MRSC in November of 1989 on a "temporary" assignment and continues to provide word processing services part-time. Sandy leads an active life which includes working at the Center, conducting occasional software training classes, and broadening her skills by taking computer classes at Bellevue Community College. Sandy lives quietly in Redmond with her husband, Al, now that their 21-year-old twins are both in college!

Nancy Lawlor
Administrative Secretary

Nancy joined MRSC in July 1990. She is originally from California, but moved to Washington in 1979. Among other duties, Nancy assists with conference preparations, as well as the printing and distribution of MRSC publications. She also performs general bookkeeping and clerical functions throughout the office. Nancy's interests include shopping and spending time with her friends. Nancy now lives in Bellevue with her two cats, Bartles and James.

Connie Elliot
Receptionist

Connie began working at MRSC in December 1989. She was raised in Yakima and graduated from Washington State University with a B.A. in Elementary Education. Following graduation, she taught one year in Mountlake Terrace and then moved to California where she taught for 16 years. After happily returning to the Northwest with her family, she worked part-time at various jobs until joining the MRSC staff. She now lives in Redmond with her husband, Greg, 10-year old son, Devin, and their dog, Tenda.

Salary Increases for Elective Officials

Recent controversies over salary increases for United States Senators and for state legislators have created renewed interest in this issue. Understandably, this is a matter likely to receive keen attention. Thus, it is no surprise that our legal staff frequently answers questions from cities and towns regarding allowable salary increases for elective officials. Often, salary increases for councilmembers will be passed by ordinance, only to discover that the increases cannot legally be effective until the next term of office. In this article, we will review the general legal restrictions that apply to increasing the salaries of city and town elective officials in Washington. Note that these rules apply only to elective officials, not to a municipality's appointed officers.

May a councilmember receive a salary increase immediately?

No. The general rule restricting salary increases is set out in the Washington State Constitution. Article XI, Section 8 prohibits increases in the salaries of municipal officials after election or during their term of office. This means that the city or town council can vote to increase salaries, but the new salaries may not take effect until after the next election, and even then would be effective only for those councilmembers who are up for re-election. In order for a salary increase to be effective, the ordinance establishing the increase must be passed prior to the actual election. An increase passed after the election, but before the swearing-in, may not take effect for that term of office. As long as the ordinance was passed prior to the election, though, councilmembers are eligible to receive the pay increase as soon as they begin a new term of office.

If councilmembers desire to increase their compensation and have the increase effective for newly elected and re-elected councilmembers in January, 1992, they must pass an ordinance prior to the election in November, 1991. An ordinance establishing a pay increase enacted after the November 1991 election cannot be effective for any councilmember prior to January 1994.

May a mayor in a mayor-council city receive a salary increase immediately?

Yes, in most circumstances. The state constitution does contain an exception allowing salary increases during an official's term in office if that official does not fix his or her own compensation.1 The exception cannot be triggered by an official abstaining from the vote for a salary increase because it is a councilmember's authority to fix compensation that is determinative.2 This exception would allow the salary of a mayor in a mayor-council city to be increased during his or her term of office, provided that the vote of the mayor is not necessary for the passage of the applicable ordinance. Because the positions of a mayor pro tem or a mayor in council-manager or commission forms of government are not distinguishable from their role as councilmember, this exception would not apply to a mayor under those circumstances.

May a person appointed to fill a council vacancy receive a salary increase immediately, if the increase was enacted prior to the appointment?

No, because the Washington Supreme Court has held that the constitutional provision forbidding change in the compensation of a public officer during a term of office refers to the term itself, not to the individual.3 Therefore, the salary increase is not effective for an officer appointed or elected to fill out the unexpired term, if the increase was voted on by his or her predecessor.

What about increases in other compensation?

The Office of the Attorney General has not limited the constitutional prohibition to salary increases, choosing to expressly include medical benefits and other forms of compensation, thus prohibiting mid-term increases in health care benefits for elective officials.4 Therefore, like salary increases, any increase in medical benefits will be effective only for subsequent terms of office. While there are statutory provisions for county elected officials exempting increases in medical benefits from the constitutional prohibition against salary increases, there is no such provision for city elective officers.

May future salary increases be tied to the Consumer Price Index or some other automatic indicator?

Yes, if the effective date of the increase is not until the new terms of office begin. As long as the "measuring stick" for increases is outside the control of the council, such as the Consumer Price Index, automatic increases are allowed. However, the increase attaches to the office; the constitutional prohibition still prevents any councilmember from receiving the increase during his or her term of office. Thus, the automatic increases would only affect the successor in office or the incumbent, if re-elected.

May an elective official receive a retroactive salary increase?

No. Where salary increases are not prohibited during a term of office, the salary increase must be effective on or after the date that the ordinance is passed. A retroactive pay increase would be viewed as an illegal gift of public funds, since the official's services were already rendered without expectation of additional renumeration. Therefore, the salary increase for a mayor whose vote was not necessary to pass the ordinance could not be made retroactive to a date prior to the ordinance.

Does state law set a maximum salary for elective officials?

No minimum or maximum salaries are provided by state statute for city officials. For newly formed code cities that have not had the opportunity to enact salary ordinances, the statute provides a salary schedule for officials, but the schedule is only in effect for the initial terms.5 The city is free to adopt any salary schedule, providing either greater or lesser compensation than the statutory schedule.

Does the prohibition on salary increases apply to reimbursement for expenses?

No. As long as a reasonable relationship exists between reimbursement received and actual expenses, expense reimbursements will not be considered as compensation and changes will not be subject to the constitutional prohibition. The Washington Supreme Court has held that reimbursements do not increase the compensation of the members of the legislature.6 The reimbursement plan may be for direct expense reimbursement or under a per diem or lump sum basis. Expenses paid on a per diem or lump sum basis, however, should bear a "rational, realistic, and proportional relationship" to the actual expenses incurred in order to survive constitutional challenge.7

May an elective official's salary be decreased during their term of office?

No. The state constitution prohibits not only increases in salary during a term of office, but also prohibits decreases in salary. Furthermore, decreases during a term of office are prohibited both forcouncilmembers and those officials such as mayors who may not be involved in fixing compensation. In other words, neither the salary of the mayor nor the councilmembers may be decreased during their term of office under any circumstances. This prohibition would prevent a councilmember from refusing or waiving his or her salary, since this would constitute an illegal salary decrease. While a councilmember could donate his or her salary to the city, it would nevertheless be reportable as income for tax purposes. It should be noted that changes in benefits that result in a decrease of the net compensation to an elective official are also prohibited during a term of office.

Could the prohibition against salary increases apply to changes in the form of compensation?

Possibly. Proposed changes in the form of compensation should be carefully evaluated to determine whether there is a net increase or decrease in benefits. For example, a change from a "per meeting" compensation scheme to a fixed salary, or vice versa, or increasing the maximum number of compensable meetings in a month, may be prohibited. If there is any doubt, it would be prudent to postpone the effective date of any such changes until the next term of office.

Conclusion.

In summary, the general rule is that salary increases, adopted by ordinance, may not raise the salaries of current councilmembers. Salary increases for councilmembers may not take effect until the next term of office, regardless of whether the person holding the office participated in voting to pass the ordinance. The salary of mayors may be raised during their term of office, provided that their vote was not required to pass the applicable ordinance. An abundance of caution is urged in evaluating any changes in compensation to ensure that no increase or decrease in the salary of councilmembers will result.

1Washington State Constitution, Article XXX, Section 1, as amended by Amendment 54.

2Attorney General's Opinion, AGO 1968 No. 36.

3State ex rel. Wyrick vs. Ritzville, 16 Wn.2d 36, 132 P.d 737 (1942).

4Attorney General's Opinions 1974 No. 9 and 1953-55 No. 355.

5RCW 35A.12.070 and RCW 35A.13.040.

6State ex rel. Todd vs. Yelle, 7 Wn.2d 443, 462, 110 P.2d 162 (1941).

7Hoppe vs. State, 78 Wn.2d 164, 469 P.2d 909 (1970).

Ask MRSC . . .

This column contains summaries of recent inquiries answered by MRSC consultants. The detailed legal analysis has been simplified; however, if a complete copy of the inquiry response is desired, please contact the Center.

ABSTENTIONS--How should abstentions be treated in city council vote?

The majority rule is that abstentions are treated as having voted with the majority. A minority rule is that abstentions are treated as equivalent to affirmative votes. However, since there are no statutory or case law requirements in this state as to how abstentions are to be treated, this is an issue for the city or town council to determine. Ideally, the council should have a policy regarding abstentions. (MRSC Inquiry No. 91-2863)

ANNEXATION--After annexation hearing has been conducted, may code city add property to area to be annexed?

No. RCW 35A.14.140 provides that following the annexation hearing, the council may pass an ordinance to "annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition." See RCW 35.13.150 for other classes of cities. Since the new parcels were not included in the petition that initiated this process, the council cannot now amend the petition to add the parcels. It could reject the annexation altogether and start the process over to include the new parcels. Another option would be to have a separate annexation for the new area. (MRSC Inquiry No. 91-3281)

CONFLICT OF INTEREST--Is it a conflict of interest for lessee of city property to be elected to city council?

There would be no conflict of interest, since the lease was entered into prior to the lessee becoming a city official. However, the lessee/councilmember could not renew the existing lease, renegotiate the lease, execute a new lease upon expiration of the existing lease, or exercise the option to purchase the property, without first resigning from the council. RCW 42.23.030(6) prohibits a city from leasing or selling property to a municipal officer. Renewal of the lease or exercise of an option to purchase, even if both lease renewal and the option to purchase are provided for in the existing lease, would be a conflict of interest. (MRSC Inquiry No. 91-3295)

EXECUTIVE SESSION--May council go into executive session at special meeting if executive session is not listed in notice of special meeting?

Yes, the council may meet in executive session at a special meeting, even if the executive session is not specified in the notice for the special meeting. The council may not, as a general rule, take final action at an executive session. Since Open Public Meetings Act only imposes the limitation that a "final disposition" may only take place concerning matters listed in the notice, the council could meet in executive session at the special meeting in the absence of notice of that session. However, to the extent possible, the notice should list any proposed executive session. (MRSC Inquiry No. 91-3351)

INCOMPATIBILITY--May a councilmember also serve on the planning commission?

In a code city a councilmember may not in our opinion serve on a planning commission (or similar body) because of the statutory prohibition against a councilmember holding any other public office within city government. RCW 35A.12.030. The nature and duties of the planning commissioner position are such that the position would be considered a public office, thus triggering the prohibition. (Note, however, that a code city is not required to establish a planning commission to carry out its planning functions.)

In towns and in other classes of municipalities a councilmember is not specifically prohibited from holding other offices. Indeed, in those municipalities that plan under ch. 35.63 RCW, there is specific statutory authorization for "ex officio members [on the planning commission] by virtue of office held in . . . [the] municipality." However, because of the seeming incompatibility of the offices of councilmember and planning commissioner and because of the inherent appearance of fairness problems that would result if one person held both offices, MRSC legal staff would strongly recommend against such dual office holding. (MRSC Inquiry No. 91-3843)

INTERLOCAL AGREEMENTS--Must an interlocal agreement be filed with the state?

Yes. RCW 39.34.040 provides that prior to the interlocal agreements going into effect, "an agree ment made pursuant to this chapter shall be filed with the city clerk and county auditor and with the secretary of state." See, also, RCW 39.34.120, relating to the submittal of certain agreements with the Office of Community Affairs [Department of Community Development]. The Interlocal Coop eration Act, ch. 39.34 RCW, however, does not provide any penalty if an agreement is not filed. (MRSC Inquiry No. 91-3280)

ORDINANCE PROCEDURE--When would vetoed ordinance go into effect, if code city council overrides veto?

The determination of an ordinance's effective date should probably begin by reference to the date of the council's override of the mayor's veto. RCW 35A.12.140 requires every ordinance be signed by the mayor to be valid. The mayor's signature would be the final act by the city in the enactment of the ordinance and prior to its publication. No ordinance may go into effect until five days after its date of publication, unless otherwise provided. If the council overrides the veto, that would be the final act in the legislative process. If the veto is overridden, the ordinance would then be published and would go into effect five days later, assuming that a different effective date was not provided for by the ordinance. (The same answer should apply in a third class city. See RCW 35.24.210). (MRSC Inquiry No. 91-3430)

PUBLIC DISCLOSURE--Must city provide names of city manager interviewees to requesting newspaper?

No. RCW 42.17.310(1)(t) exempts "all applications for public employment, including the names of applicants, resum‚s, and other related materials submitted with respect to an applicant," from publicdisclosure and copying. Although this section only makes reference to public employees, a review of its statutory history suggests that it also covers officials. Language included in a governor's veto of a related, referenced section, makes it clear that applications for appointment to an office, such as city manager, should likewise be exempt from inspection and copying. (MRSC Inquiry No. 91-3049)

QUALIFICATIONS FOR OFFICE--May person convicted of a felony seek term on city council?

Probably not. State eligibility statutes require that officers be registered voters of a municipality at the time of filing a declaration of candidacy. To be eligible to vote, one must be an elector. Article 8, Section 3 of the state constitution disqualifies certain persons from being an elector, including those "convicted of infamous crime unless restored to their civil rights." Conviction of a felony has been deemed by the courts to be an infamous crime and one which prevents a person from voting in this state. Thus, unless the governor has restored a person's civil rights, conviction of a felony would prevent the person from registering to vote and, consequently, from being elected to office. (MRSC Inquiry No. 91-3522)

REST PERIODS--Is it necessary that a city provide a coffee break (rest period) for employees?

Under Department of Labor and Industries regulations, a city must provide its employees with a "coffee break" or rest break of not less than 10 minutes, on the employer's time, for each four hours of working time. No employee may be required to work three hours without a rest period. If the nature of an employee's work allows him or her to take intermittent rest periods, scheduled rest periods are not required. A city has authority to adopt its own standards or regulations for rest periods for employees which would supersede the Department of Labor and Industries regulations. (MRSC Inquiry No. 91-2871)

TERMINATION HEARING--Must city provide pre-termination hearing before terminating appointive official or employee?

A pre-termination hearing is not required for non-civil service city officials and employees unless there is an implied or express agreement to the effect that the official or employee would be termi nated only for cause. See Thompson v. St. Regis Paper Company, 102 Wn.2d 219, 685 P.2d 1081 (1984). (MRSC Inquiry No. 91-2217)

TERMINATION PAY--Must an individual who is being terminated be paid immediately?

No. There is a specific statutory provision which covers this subject. RCW 49.48.010 indicates that a terminated employee must be paid at the end of the next regular pay period. This means that the individual can be paid his last check at the same time as other city employees receive their checks. It is not necessary to cut an immediate check and pay the individual on the day of his termination. (MRSC Inquiry No. 91-3363)

TIE BREAKING VOTE--May mayor of a code city vote to break a tie on passage of ordinance amending budget?

No. The mayor of a code city may not break a tie vote when the issue is the passage of an ordinance. The authority of the mayor to vote to break a tie in a code city is limited "to matters other than the passage of any ordinance, grant or revocation of a franchise or license, or any resolution for the payment of money." In addition, passage of an ordinance requires "the affirmative votes of at least a majority of the whole membership of the council."

In a code city with a five-member council, passage of an ordinance would require approval by at least three councilmembers (and the mayor is not a councilmember); it would be impossible to have a tie in this situation. Thus, since passage of an ordinance is necessary and a tie is impossible and the mayor would not be able to vote. (MRSC Inquiry No. 91-3381)

The Urban Forest: Preservation, Clearing, and Planting of Trees

A few years ago, the term "urban forest" was unknown. Though there were sophisticated databases containing references to all kinds of literature on trees, the term urban forest could not be searched. Today, the urban forest has become an important aspect of a community's quality of life. Emphasis is being placed on landscaping and buffers to mitigate the visual impact of new developments, more street trees are being planted in both residential neighborhoods and downtowns, and municipalities are seeking ways to identify and preserve significant trees. Looking ahead, a futurist envisions that one of the most dramatic changes to our nation's downtowns will be the planting of thousands of trees along streets and in parks, maintained by a permanent urban forestry corps.

The urban forest is composed of all trees and associated plants growing in an urban area. It includes street trees, vegetation in parks and other open spaces, and trees and other growth on private properties. Trees are important for their ability to reduce noise and air pollution, to assist with energy conservation and climate control, to serve as windbreakers, to screen sites, and to enhance the overall beauty of a city.

The Center offers municipal officials a variety of information sources relating to the urban forest including policies on grading and tree preservation, preservation of significant trees, landscaping requirements, landscaping for energy and water conservation, street trees, and overall policies relating to the enhancement of the urban forest. A sampling of the information available for loan to municipal officials upon request follows:

Land Clearing and Grading

A compilation of ordinance provisions from Anacortes, Auburn, Bellevue, Bonney Lake, Des Moines, Issaquah, Kent, Lacey, Lynnwood, Mercer Island, Mill Creek, Monroe, Mukilteo, Olympia, Redmond, Renton, and Tumwater.

General Urban Forest Management

A compilation of articles and ordinance provisions on urban forest planning/woodland preservation including ordinances from Bellevue, Ellensburg, Kirkland, Moses Lake, Pasco, Redmond, and Walla.

A community tree program: Colfax, Washington, prepared by Washington State University. Cooperative Extension. Pullman, Wash.: WSU Cooperative Extension, 1979. 50 p. [PL 5.7200 C66 1979].

Green City [motion picture]: the reforestation of Seattle. Olympia, Wash.: Washington State Department of Natural Resources, [198?]. Motion picture, 1 reel (15 min.); sd., col.; 16 mm. [PL 5.7200 G74 1983].

An introductory guide to community and urban forestry in Washington, Oregon and California. Produced by the World Forestry Center. Portland, Ore.: World Forestry Center, no date. 25 p.: ill. [PL 5.7200 I68].

A technical guide to community and urban forestry in Washington, Oregon and California, by James Asher [et al].

Portland, Ore.: World Forestry Center, no date. 49 p.: ill. [PL 5.7200 T43].

Shading our cities: a resource guide for urban and community forests. Edited by Gary Moll and Sara Ebenreck. Washington, D.C.: Island Press, 1989. 333 p. [PL 5.7200 S52 1989].

Trends in urban forestry management, by J. James Kielbaso. Washington, D.C.: ICMA, Jan/Feb 1988. 17 p. (Baseline data report. v. 20, no. 1). [G 0.0000 I5b v.20 no.1].

Urban forestry notebook, by Sue Ann Funk. Prepared by Puget Power, the Center for Urban Horticulture, and the Washington State Department of Natural Resources, 1990. [PL 5.7200 U73 1990].

Landscaping and Site Screening

A compilation of ordinance provisions on general provisions for landscaping including ordinances from Auburn, Bellingham, Everett, Issaquah, Kent, Kirkland, Mount Vernon, Olympia, Poulsbo, Redmond, and Renton.

Landscape planning for energy conservation. Edited by Gary O. Robinette. New York: Van Nostrand Reinhold, ©1983. 224 p. [PL 10.1200 L365 1983].

Landscape techniques. Edited by A. E. Weddle. Rev. ed. New York: VanNostrand Reinhold, 1983. 265 p. [PL 10.1200 L37 1983].

Preparing a landscaping ordinance, by Wendelyn A. Martz, AICP, with Marya Morris. Chicago, Illinois: American Planning Association, c1990. 26 p. (PAS Report No. 431). [PL 0.0000 A6pas no.431].

Community Excellence: AWC's 1991 Municipal Achievement Awards

The Municipal Achievement Awards is a program of the Association of Washington Cities. Cities and towns were invited to submit any project or program that has benefitted the community within the last two years. The awards were divided into five population categories: up to 1,499, 1,500 to 4,999, 5,000 to 14,999, 15,000 to 39,999, and over 40,000. Judges looked for innovation, outstanding results, and programs that could easily be used by other communities. Fifty municipalities participated with a total of 70 entries. Awards went to Milton, Long Beach, Sunnyside, Richland, and Everett. Honorable mentions went to Davenport, Issaquah, Olympia, Redmond, and Vancouver. AWC is preparing a catalog of the entries for the municipal achievement awards. In the meantime the information materials supporting the entries have been sent to MRSC's library so that they can be shared with other municipalities. Here are a few of the items available for loan.

  • City Hall at the Mall, City of Everett. 1 v. (Photographs, publicity, examples of letters, comments received, and actions taken.) A satellite of the downtown city hall, City Hall at the Mall was designed to make city services more accessible and information more available. It serves as a community center and a promotional vehicle for city programs, community events, and important issues.

  • Community Connection, City of Tacoma Public Utilities. 6 p. (A list of programs completed in 1991.) The Community Connection is an employee volunteer program of Tacoma Public Utilities. Its purpose is to encourage active and retired employees to participate in volunteer activities that benefit the community. It plans, organizes, coordinates, and promotes volunteer activities, and recognizes volunteers.

  • Community School, City of Richland. 1 v. (Information on setting up program, clippings, and the goals and objectives statement.) The community school is a community education project jointly sponsored by the city of Richland and Richland School District. By offering non-credit courses and activities, the project provides the unique opportunity for both the city and school district to serve their taxpayers cooperatively.

  • Learn-in-Libraries, City of Milton. 2 p. The Milton Memorial Library provided an after school reading improvement program which utilized volunteers from the adult and senior community as well as junior helpers from the senior high school and middle school.

  • Neighborhood Liaison Program, City of Vancouver. (Project summary, neighborhood newsletter, and clippings of activities.) The program is composed of city department heads and key staff personnel appointed by the city manager. Each neighborhood is assigned a city and police liaison. These persons listen to their assigned neighborhood's concern and needs.

  • Youth Link, City of Bellevue. 2 v. (Examples of newsletters and other promotional material and a copy of the committee workbook.) Examples of program materials and Committee Workbook. Launched in 1990, a product of city council and school board, Youth Link enlisted youth andcommunity leaders members to come up with a workable "action agenda" of programs and services for young people.

Thanks for the Team Work

At the time our last issue of this newsletter was going to press, the Senate had adopted a 1991-93 budget that reduced the Center's funds by $175,000. We are pleased to report that on the last day of the extra legislative session our budget was restored to the level originally approved by the House. We are grateful for the assistance given to us by those of you who contacted legislators in support of the program.

New Ordinances

The Center's Library staff prepares a monthly list of ordinances which is available on request by contacting MRSC. The ordinances listed below are excerpted from that list. As a reminder, all code cities pursuant RCW 35A.39.010 are directed to send copies of ordinances of general administration to AWC. While it is voluntary, we would appreciate all cities' and towns' cooperation in providing copies of ordinances to AWC or the Center so that they may be placed in the library reference files for the use of municipal officials.

AFFORDABLE HOUSING - Bellevue Ordinance No. 4269 amends land use code and city code relating to the implementation of affordable housing policies. Passed 7/91. (HO 4.4000)

BINDING SITE PLANS - Oak Harbor Ordinance No. 886 allows division of property into tracts, parcels, or lots by binding site plans under certain circumstances and for certain types of land uses such as commercial property, residential condominium uses, and boundary line adjustments. Passed 7/91. (PL 7.1300)

COUNCIL RULES--QUASI-JUDICIAL POLICIES - Redmond Ordinance No. 1630 sets forth additional policies and rules for council participation in quasi-judicial matters, adds a new section to the municipal code. Passed 6/91. (G 4.2100)

DAY CARE FACILITIES - Tumwater Ordinance No. 1288 establishes land use regulations and permit system for operation of child day care facilities and revises municipal code. Passed 6/91. (PL 8.3760)

ENVIRONMENTAL SERVICES COMMISSION - Bellevue Ordinance No. 4193 establishes an Environmental Services Commission, provides for its membership, sets forth its powers and duties, and adds a new chapter to the city code. Passed 6/91. (G 7.2000)

EXCAVATION--CITY UTILITIES - Winslow Ordinance No. 91-20 provides for inspection of work upon completion of construction affecting city utilities, establishes stop work order as penalty for failure to comply, and amends municipal code. Passed 3/91. (S 5.1000)

FALSE ALARMS - Redmond Ordinance No. 1609 provides administrative and legal remedies for the collection of false alarm fees and amends municipal code. Passed 2/91. (PS 7.4356)

GROUP HOMES--RESIDENTIAL CARE FACILITIES - Tumwater Ordinance No. 1289 relates to the siting of housing for the functionally disabled including Adult Family Homes and Residential Care Facilities and revises municipal code. Passed 6/91. (PL 8.3721)

HEARINGS NOTICE - Walla Ordinance No. A-3682 establishes requirements for notifying the public of upcoming hearings and the agenda of the council meetings and other matters properly related thereto. Passed 7/91. (G 4.2300)

HORSE TAXI - Edmonds Ordinance No. 2843 provides for the regulation of horse taxis. Passed 7/91. (LR 88.0000)

JUNK--STORAGE - Vancouver Ordinance No. 2939 prohibits the storage or keeping of junk and provides for property owners and occupants of property to remove junk. Ordinance No. 2940 pro hibits the storage or keeping of junk vehicles on private property and provides for notice to property owners and residents to remove such junk vehicles. Passed 4/91. (PS 9.1080)

JUNK VEHICLES - Bellevue Ordinance No. 4243 provides for elimination of junk vehicles from private property to preserve character and safety of neighborhoods, establishes penalties for refusal to comply, and adds a new chapter to the city code. Passed 4/91. (T 3.2100)

LANDMARK TREES - Olympia Ordinance No. 5181 provides for the regulation of landmark trees and establishes a landmark tree register. Passed 4/91. (PL 5.7210)

LIQUOR ESTABLISHMENT HOURS - Toppenish Ordinance No. 91-5 prohibits sale or service of alcoholic beverages, beer, and liquor between the hours of 2:00 a.m. and 8:00 a.m. Passed 6/91. (LR 54.3000)

NOISE--CONSTRUCTION - Issaquah Ordinance No. 1899 establishes designated hours for permitted residential and commercial construction within city limits, establishes minimum payment for the time of city inspectors called on outside of designated construction hours, and establishes penalties. Passed 7/91. (EN 7.3400)

PARKING ENFORCEMENT - Mill Creek Ordinance No. 91-253 regulates parking, provides for enforcement of parking regulations, authorizes immobilization and impoundment of vehicles, authorizes Police Dept. to administer a parking violations bureau and repeals a chapter of the municipal code. Passed 6/91. (T 1.0000)

PROCUREMENT RULES - Davenport Ordinance No. 91-3 establishes rules for employees makingpurchases of major and minor items. Passed 2/91. (F 8.1000)

PROFESSIONAL CONSULTANTS--SELECTION - Mukilteo Ordinance No. 704 revises selection procedure for major professional consultant services, amends number of consultants with whom discussions must be held, amends sections 2.88.030 (C) and (D) of municipal code. Passed 7/91. (F 8.8000)

PUBLIC BATH HOUSE - Lynnwood Ordinance No. 1832 defines public bathhouse and amends municipal code. Ordinance No. 1834 licenses and regulates public bathhouses and adds a new chapter to municipal code. Passed 7/91. (LR 14.0000)

SENSITIVE AREAS - Mukilteo Ordinance No. 692, Issaquah Ordinance No. 1886, Puyallup Ordinance No. 2243, and Black Diamond Ordinance No. 419 adopt various measures related to environmentally sensitive areas. (PL 5.4100)

TREE DAMAGE - Bellevue Ordinance No. 4247 establishes monetary penalties for damaging or removing trees and vegetation from city property and adds a new section to the city code, Civil Violations and Abatement. Passed 5/91. (PL 5.7200)

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.

  • Algona adopted a new logo in June which is a vignette of the great blue heron as the central figure encircled with the words "City of the Great Blue Heron." Ordinance No. 674 adopts the logo and provides regulations for its use.

  • Auburn received a 1991 joint APA/PAW Award for outstanding contributions to the planning field for its urban design program prepared by the Auburn Planning Department and MAKERS Architectural and Urban Design. MRSC's library has a copy of Downtown Auburn Design Master Plan for loan.

  • Mercer Island has provided MRSC with three items of interest. First is a copy of a Development Services Organization Redesign Communications Package developed by Phillips and Associates. This document details the recent reorganization and merging of the city's Engineering, Building, and Planning Departments. The sEcond item is the city's unprecedented AFSCME Labor Compact. The three year compact replaces the previous contract. City Manger Paul Lanspery noted that the principal goal for the partnership is that we learn together to manage beneficially the inevitable issues of change. The third document is the city's soon-to-be-implemented drug-free work place policy. Mr Lanspery notes that "these policies represent our commitment to an innovative approach in howwe provide service to our customers and each other."

  • Mill Creek's city manager prepared a State of the City report describing what was accomplished in 1990 with the public's support and tax dollars. The report provides a statistical analysis of the city's operations. A copy may be borrowed from the Center's Library.

  • Sunnyside placed an advertisement in the local paper containing a drug dealer coupon. Residents were asked to clip it, write in the name of a suspected drug dealer or user, and send it anonymously to the police department. The ad read, "If you suspect or know of illegal drug activity or other criminal activity, now is the time to do something . . . the neighborhood you save may be your own." Procedures have been established to handle the returned coupons. The program has had a lot of positive feedback. For further information contact Chief Wallace Anderson.

  • Tacoma has a new logo. The original logo dating to the early 1970's depicted a rainbow arcing over Mount Rainier and a seagull flying over Commencement Bay. The city wanted to update its image and reduce the costs of a four-color printing process. The new logo is a blue and black image of Mount Rainier as viewed from Tacoma. Tacoma News Tribune, June 26, 1991.

  • Yakima created a brochure on the Yakima City Councilmember qualifications and responsibilities. The brochure will be given to potential candidates if they call the City Clerk's Office, the County Elections Office, or when they file for office. A photocopy of the brochure will be provided by MRSC on request. Yakima received a 1991 Excellence in Planning award from APA/PAW for its video, Annexation: Entering Yakima, which provides answers to some commonly asked questions about annexation. A copy of the video is available for loan from MRSC.

  • Other Items Noted . . . postage meter tape, seen on an envelope from Lacey, reads "City of Lacey Happy 25th Birthday, 1966-1991 . . . the possible incorporation of Clallam Bay-Sekiu will be decided by the voters at the November 1991 elections . . . Grant County, which includes 15 municipalities, has opted to come under the Growth Management Act . . . as of August 1991, 19 municipalities have adopted the additional quarter of one percent real estate excise tax as authorized by the Growth Management Act . . . Gold Bar has become the center for bungee jumping activities in Washington . . . noted on a field visit, Roslyn has 25 cemeteries as part of its historical heritage from the coal mining days . . . Tumwater and Tenino have established a formal sister city partnership . . . finally, seen stamped on a Mercer Island envelope, RE-USE ENVELOPES - SAVE TREES.

Ernest Howard Campbell

Municipal Law Specialist, Emeritus
In Memorium
1910-1991

Dr. Campbell, known to many as "Ernie," passed away on Sunday, September 15, 1991. He devotedmost of his professional life and career to the service of his country and the people of the state of Washington in various military, academic, and public law positions. His career began with several academic degrees, including a JD from the University of Washington and a Ph.D in government and public law from Harvard.

Dr. Campbell's public service career began in 1935 as the Assistant Law Librarian at the Temple of Justice. He served as a law clerk for the State Supreme Court, 1937-1939. From 1943 to 1946 he was at Dartmouth College for Naval Officers' training and at the Bureau of Aeronautics in Washington, D.C. Dr. Campbell noted that the legal and administrative work afforded him con siderable insight into public service and administration at the federal level. He was separated from the service as a Lieutenant Commander in the U.S. Naval Reserve.

His service to Washington municipalities began under the Bureau of Governmental Research and Services at the University of Washington in 1946. He served as Associate Director and Acting Director of the Bureau, and as Legal Consultant to the Institute of Governmental Research. In 1969 the Bureau was abolished and the Municipal Research and Services Center of Washington was created to carry out the services to Washington municipalities previously provided by the Bureau. Dr. Campbell became Co-Director of the Center with John Lamb. He retired from the Center in 1983 as Municipal Law Specialist Emeritus. However, he continued to come to the office on a weekly basis to keep abreast of city happenings until the spring of 1990.

Dr. Campbell was instrumental in forming the Washington State Association of Municipal Attorneys (WSAMA) in June 1957, and served as its Executive Secretary until his retirement in 1983. He continued to attend its meetings until the fall of 1990. He documented the organization's history with the publication, History of the Washington State Association of Municipal Attorneys, in 1984.

While Dr. Campbell is gone, he leaves a rich legacy of publications, speeches, and advice to municipal governments. He had a unique career of devoted public service, he made outstanding contributions to municipal law and lawyers in this state, and he had an exemplary personal life which demonstrated the highest standards of the legal profession.

Growth Management Resources Update

The June issue of Municipal Research News described MRSC's expanded growth management services. A third edition of the growth management publications list is available from the Center's library. There is also a partial list in the Department of Community Development, Growth Management Division's Implementation Briefs distributed in August.

The Department of Community Development has continued the funding of Sue Enger, the Center's planning consultant for FY 91-92. Sue's duties include assisting both cities and counties with growth management questions. She has completed work on a publication on the designation of urban growth areas, which is under review by DCD. Sue will be working on a land use element handbook in thecoming months.

Library staff sent out postcards in July listing the planning documents currently on file for your muni cipality, and requesting updates if any exist. We were pleased with the response, and encourage the responsible persons to continue sending the Center copies of your documents whether you are planning under Growth Management Act or not. We would like to have zoning codes, comprehensive plans, special studies, reports, design proposals, contracts and intergovernmental agreements, feasibility studies, design proposals, and any other item that would provide examples or assist another municipality.

Bel-Red/Overlake Transportation Plan Implementation Report, prepared for the Bel-Red/Overlake Transportation Plan Implementation Committee by McConnell/Burke. Bellevue, 1990. 56 p. (T 4.0000 B44 B46 1990)

Clallam County Agricultural Resource Conservation Plan. Final report to the Agricultural Resource Lands Task Force. 15 p., appendix.

Clallam County Critical Areas Protection Plan. Final Report of the Critical Areas Task Force. 47 p., appendix.

Clallam County Forest and Mineral Resource Conservation Plan. Final Report of the Forest and Mineral Resource Lands Task Force. 14 p.

City of Tumwater 1991 Conservation Plan. 1991. 1 v. (various pagings).Oregon Growth Management Study, prepared for Oregon Department of Land Conservation and Development by ECO Northwest with David J. Newton & Associates, MLP Associates, November 1990. 11 vol. Includes: Case Study Report, Bend Case Study, Brookings Case Study, Medford Case Study, Portland Case Study, Annexation and Urban Growth Management Study, Annexation and Urban Growth Management Study Appendices, Local Government Infrastructure, Impact of 6% Tax Base Limitation, Property Tax Deferral Policy, Urban Growth Management Strategies-Other States. (PL 8.6200 U7)

Wetlands: Overview and Draft Policy Recommendations, prepared for the Spokane County Planning Department by Institute for Urban and Local Studies. Spokane, Wash., June 1991. (EN 6.4000 W475 1991)

What Color is Your Fire Engine?

In 1974 American City magazine reported that fire departments across the county were changing from the traditional red to yellow fire trucks. Because red is one of the least visible colors in the spectrum, particularly at night, it was felt that a more visible color would make fire apparatus safer. A number of fire companies started changing to yellow and lime yellow. The latter is considered sEcond only to white in its visibility; however, because of inclement weather--fog, snow--yellow was the color of choice. The article stated that correspondence with fire equipment manufacturers and other local governments point to the belief that all fire apparatus would be painted yellow by 1975.

However, the trend did not go as predicted. A recent Wall Street Journal article entitled, "More Towns Paint Fire Engines Red," stated that many of the cities and town that painted their equipment yellow are now returning to red. A maker of fire trucks is quoted as saying, "Studies show that lime yellow probably has more visibility than red. But from a kid on, a fire truck is red." The article notes that the proponents of yellow fire apparatus haven't given up. Research shows that red fire trucks are twice as likely to have intersection accidents as lime yellow trucks. It is also noted that the Federal Aviation Administration requires airports to use yellow fire apparatus, as do the Navy and Air Force.