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Plans of Government Available to Code Cities

Plans of Government Available to Code Cities

(Excerpt from Code City Handbook, MRSC Report No. 37, December 1996)

I. Plans of Government Available to Code Cities

The Optional Municipal Code specifically provides for two plans of government for noncharter code cities: the mayor-council plan and the council-manager plan. [See Chs. 35A.12 and 35A.13 RCW.] The code also allows for the continuation of an existing plan of government by noncharter cities [RCW 35A.02.020, 35A.02.030, and 35A.02.130.] (such as retention of commission plan) and for the adoption by charter of a new plan different from those set out by the code, as long as the plan selected is not inconsistent with the state constitution or with the general laws of the state.

    A. Mayor-Council Plan (CH. 35A.12 RCW)

    Under the code city mayor-council plan, both the councilmembers' and mayor's positions are elective. [RCW 35A.12.010.] The number of councilmembers will vary according to population or, in a charter code city, according to its charter. [Ibid.]

    B. Council-Manager Plan (CH 35A.13 RCW)

    Another plan of government available to a code city is the council-manager plan. The only elected officials under the council-manager plan, with the exception of judges, are the councilmembers.

    The city council may, by resolution, submit a proposition to the voters to designate the person elected to council position "one" as the chair of the council. If the proposition is approved, at all subsequent general elections the person elected to position one becomes the council chair and the city's mayor. Because the "mayor" continues to be a councilmember, however, the only elective position under a council-manager plan remains that of councilmember.

    Just as it is under the council-mayor plan, the number of councilmembers to be elected is dependent upon the population of the city, whether the city retains its previous plan of government under Title 35 RCW, and/or whether the city has a charter.

    The council appoints a person to the position of "city manager." The city manager is the chief executive officer and the head of the administrative branch of the city's government. [RCW 35A.13.010.] Appointments of department heads, officers, and employees are made by the city manager, subject to any applicable law, rule or regulation relating to civil service. [RCW 35A.13.080(2).]

    C. Retained Commission Plan

    An incorporated city or town may become a code city while still retaining the same general plan of government that it operated under prior to reclassification. Thus it is possible for a city to reclassify as a code city while still retaining a commission form of government.

    Under a commission plan of government, legislative powers and duties are exercised by a commission of three, consisting of a mayor, a commissioner of finance and accounting, and a commissioner of streets and public improvements. [RCW 35.17.010.] The mayor, as the presiding officer of the commission, [RCW 35.17.060.] has executive and administrative duties over the department of public safety. [RCW 35.17.010.] The commissioner of finance and accounting is the vice-president of the commission and administers the department of finance and accounting. The commissioner of streets and public improvements administers the department of streets and public improvements. [Ibid.]

    The commission, by majority vote, appoints the city clerk as well as such other officers and employees as are established by ordinance. [Ibid.]

    D. Retained Mayor-Council or Council-Manager Plans

    As was true with the commission plan of government (a plan not directly provided for by the Optional Municipal Code), a reclassifying city may choose to retain the Title 35 RCW mayor-council or council-manager plan of government under which it was organized prior to reclassification. [RCW 35A.02.020, 35A.02.030, and 35A.02.130. Retention of its previously existing plan of government by a city after it has reclassified as a code city is possible in any one of six different ways: (1) Petition (50%) of voters, passage of a resolution of intention by the city's legislative body, no referendum petition filed, and passage of an ordinance of reclassification. RCW 35A.02.020. (2) Petition (50%) of voters, passage of a resolution of intention by the city's legislative body, referendum petition filed , resolution confirmed by voters at election. RCW 35A.02.025. (3) Resolution by legislative body declaring intention to reclassify, no referendum petition filed, and passage of an ordinance of reclassification. RCW 35A.02.030. (4) Resolution by legislative body declaring intention to reclassify, referendum petition filed , resolution confirmed by voters at election. RCW 35A.02.035. (5) Petition (10%) of voters, submitted to electorate by legislative body and approved by voters. RCW 35A.02.060 and 35A.02.130. (6) Resolution by legislative body directly submitting reclassification issue to electorate, confirmed by voters . RCW 35A.02.070 and 35A.02.130.] The plan thus retained may differ in some respects from the similar plans authorized by the Optional Municipal Code. For example, under the Optional Municipal Code, a city electing to organize under a council-manager plan would have only five councilmembers if its population were 2,000 [RCW 35A.13.010.] whereas under Title 35 RCW, there would be seven councilmembers. [RCW 35.18.020(1)(b).] Retention of a Title 35 RCW plan, however, can cause confusion as to what powers the city possesses. See Ch. 2, Sec. II.B.3.

    E. Idividualized Plan of Government (Charter Code City)

    A city having a population of not less than 10,000 may become a charter code city pursuant to Ch. 35A.08. [While the Optional Municipal Code provides a method for unincorporated areas to become noncharter code cities and already-existing cities to reclassify as charter code cities, there appears to be no way that an unincorporated area can initially incorporate as a charter code city.] To become a charter code city, that issue along with a listof candidates for election to a 15-member charter commission is submitted to the electorate.

    If the issue whether to adopt a charter receives an affirmative vote, those elected to the charter commission meet to begin the process of drafting a charter. The charter may set out any plan of government deemed "suitable for the good government of the city." [RCW 35A.08.050.] Once framed, the charter is submitted to the city's legislative body which in turn submits the issue of the charter's adoption to the qualified electors of the city. [RCW 35A.08.080.] Under this process it is quite possible that the plan of government ultimately adopted will differ from the "pure" plans set out by the Optional Municipal Code or those that could be retained from Title 35 RCW.

    Provisions for the retention of a charter plan of government, following the reclassification of a charter city to that of charter code city, are set out under Ch. 35A.07 RCW.