Inquiry of the Week (4/27/98)

Question:

Can a mayor-council noncharter code city establish a "legislative department" and create staff positions with employees who work for the council?

Answer:

MRSC has consistently advised that a noncharter code city can establish legislative staff positions involving employees who will provide assistance to the city council, however, the authority to appoint and remove the person holding the position would remain with the mayor. A similar analysis appears to apply to a mayor-council noncharter code city.

RCW 35A.11.020 and RCW 35A.12.020 give the city council in a mayor-council code city broad authority to organize the council's internal affairs and to define the functions, authority, duties, and qualifications of city officers and employees. Under this authority, a city council could create a city "legislative department" and provide for council staff positions whose responsibilities were to provide research and assistance to city council members in performing their legislative functions. Although the city council could provide that such legislative staff members work under the direction of the elected council members, the authority to appoint and remove the person would still remain with the mayor under RCW 35A.12.090.

Even if the city council requires that persons appointed or hired for the position of council legislative staff be confirmed by the council, the authority to remove the person would still rest with the mayor and would not be subject to council review.

It does not appear possible for the council in a noncharter code city to provide for legislative staff positions that are subject to appointment and removal by the council members rather than the mayor. The only method for creating a form of government in which legislative staff members were appointed by the city council would be to adopt a charter under chapter 35A.08 RCW.