Blaine Municipal Code

Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Manager – Mayor

2.08 City Council

2.12 City Clerk

2.16 Repealed

2.18 Finance Director

2.20 Repealed

2.24 Emergency Organization

2.26 Public Safety Director

2.28 Repealed

2.32 Repealed

2.36 Repealed

2.40 Fair Housing Board

2.44 Park and Cemetery Board

2.46 Naming of Public Parks and Facilities

2.48 Housing Authority

2.52 Civil Service Commission

2.56 Planning Commission

2.58 Hearing Examiner

2.60 City Office Hours

2.61 Smoking Regulations

2.64 Officers’ Bonds

2.68 Salaries

2.76 Firemen’s Pensions – Volunteer Fire Department

2.78 Airport Manager

2.80 Repealed

2.84 Cemetery

2.86 Municipal Court

2.88 Economic Development Advisory Committee

2.90 Repealed

2.94 Personnel Rules and Policies

2.96 Community Trade and Economic Development (CTED) Grievance Procedure

Chapter 2.04
CITY MANAGER – MAYOR*

Sections:

2.04.010 Duties of mayor.

2.04.020 Mayor’s duties vested in city manager – Exceptions.

2.04.030 City manager as chief administrative officer and authorized signatory.

2.04.040 Specific powers and duties of city manager.

2.04.050 Statutory and council-prescribed duties of city manager.

* For the emergency organization of the city, see Chapter 2.24 BMC.

2.04.010 Duties of mayor.

The duties of the mayor shall be as defined in Chapter 35.24 RCW. (Prior code § 1-501)

2.04.020 Mayor’s duties vested in city manager – Exceptions.

For the purpose of the administration and enforcement of the city ordinances, resolutions, policies and regulations, wherever the word “mayor” is used in existing city ordinances, resolutions, policies and regulations, it shall be construed to mean the “city manager of the city of Blaine and his or her designee”; provided, however, that the word “mayor” shall mean “mayor” where used in existing city ordinances, resolutions, policies and regulations that unmistakably by their context prescribe a power or duty of the chairman of the city council or head of the city for ceremonial purposes or head of the city for purposes of military law in time of public danger. The mayor (city manager) shall also have the power to declare restrictions to include, but not limited to water use restrictions. (Ord. 2207 § 1, 1995; Ord. 1992 § 1, 1990; Ord. 1637 § 1, 1982)

2.04.030 City manager as chief administrative officer and authorized signatory.

The city manager shall be the chief administrative officer of the city and shall be the authorized official of the city to sign all contracts and agreements, applications and other official documents on behalf of the city. (Ord. 1636 § 1, 1982)

2.04.040 Specific powers and duties of city manager.

The city manager shall, consistent with applicable laws, have the following specific powers and duties:

A. Confer with the mayor and other members of the city council on administrative matters and policies pertinent to city business including, but not limited to, legal, engineering, maintenance, construction, communications, facilities, utilities, budgets, fiscal matters, planning and zoning;

B. Work closely with department heads and coordinate city activities and projects with other private and governmental entities including, but not limited to, school, fire, water, park and other federal, state and local agencies;

C. Be responsible for the hiring and supervision and disciplining of the administrative staff and the appointment of department heads, officials and other city employees;

D. Conduct extensive research needed for city activities;

E. Prepare reports concerning the departments and related problems for the city council, its mayor and other governmental agencies;

F. Propose ordinances relating to various city departments and activities and functions therein;

G. Revise or reaffirm staff recommendations;

H. Attend city council (including council committee) and staff meetings regularly;

I. Upon request, attend meetings of boards and commissions appointed by the city council;

J. Review plans and technical reports, budget submittals and other data relating to departmental programs, projects and performance;

K. Evaluate departmental preliminary budget proposals and prepare a preliminary annual budget for presentation and review by the city council, and prepare the city’s final budget and maintain budget control of all city expenditures. (Ord. 1636 § 2, 1982)

2.04.050 Statutory and council-prescribed duties of city manager.

The city manager shall have all those powers and duties set forth in Chapter 35A.13 RCW, as it exists as of the passage of the ordinance codified in this section and chapter or may thereafter be amended, and such other powers and duties as the city council may from time to time prescribe by ordinance or resolution. (Ord. 1636 § 3, 1982)

Chapter 2.08
CITY COUNCIL

Sections:

2.08.010 Time and place of council meetings.

2.08.020 Appointments to boards and commissions.

2.08.022 Vacancies on boards and commissions.

2.08.024 Terms for boards and commissions.

2.08.026 Removal from boards and commissions.

2.08.027 Excused absences.

2.08.028 Limited terms for boards and commissions.

2.08.030 Advertisement for boards and commissions.

2.08.032 Midterm vacancies.

2.08.010 Time and place of council meetings.

The regular meetings of the city council of the city shall hereafter be held in the council chambers of the City Hall, 344 H Street, on the second and fourth Mondays of each month at the hour of 7:00 p.m. (Ord. 2041 § 2, 1991)

2.08.020 Appointments to boards and commissions.

Appointments of noncouncil members to all city advisory boards and commissions shall be made by the city council. The city council shall cause openings for boards and commissions to be advertised and for applications to be accepted. The city council will then interview applicants and vote to make the appointment at their next regular meeting, unless a majority of the city council votes to make the appointment immediately. Mid-term vacancy appointments to advisory boards and commissions shall be made in the same manner and the person appointed shall serve out the remaining term. (Ord. 2612 § 1, 2005; Ord. 2024 § 1, 1991; Ord. 2016 § 1, 1991)

2.08.022 Vacancies on boards and commissions.

A. The city manager shall cause to be compiled and published annually by October 1st a listing of vacancies and anticipated vacancies on all citizen boards, committees and commissions, within the appointive jurisdiction of the council.

B. The listing shall state the title and term of office of each position, residency requirements, other requirements as delineated by resolution and ordinance, the appointing authority, and an address and telephone number for obtaining further information or for making applications. The listing shall include a brief description of the duties of each position and information on when regular meetings of the body in question are held.

C. The listing shall be posted in a conspicuous place in City Hall, provided to all council members and members of such boards and commissions, and be made available to the public and news media at no charge.

D. Persons expressing an interest in applying for appointment to a board, commission, or committee shall be given an application form to complete and file with the city manager, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the city manager’s office. (Ord. 2221 § 1, 1995; Ord. 2024 § 2, 1991; Ord. 2016 § 2, 1991)

2.08.024 Terms for boards and commissions.

Except as otherwise set by ordinance, all appointments to boards and commissions of noncouncil members made by the council shall be for a term of four years; provided, however, that vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. (Ord. 2221 § 2, 1995; Ord. 2024 § 3, 1991; Ord. 2016 § 3, 1991)

2.08.026 Removal from boards and commissions.

In circumstances where the council has the authority to remove from office a member of the board, committee, or commission, the council shall make such removal only upon the proper grounds specified in law. In the absence of such guidance in law, the council shall not remove a member from office without having given the member an opportunity to be heard by the council, if so requested. (Ord. 2221 § 3, 1995; Ord. 2073 § 1, 1992; Ord. 2024 § 4, 1991; Ord. 2016 § 4, 1991)

2.08.027 Excused absences.

A. Excused absences shall be defined as follows:

1. RCW 35A.12.060 provides that a council member shall forfeit his or her office by failing to attend three consecutive regular meetings of the council without being excused by the council.

2. Members of the council may be so excused by complying with this section. The member shall contact the city manager, city clerk, or presiding officer prior to the meeting. The city manager or city clerk shall convey the message to the presiding officer. Following roll call, the presiding officer shall inform the council of the member’s absence. The presiding officer shall ask for a motion to excuse the absent member. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the clerk shall make an appropriate notation in the minutes. When more than one council member is absent, each council member’s absence shall be voted on separately.

B. This policy shall apply to all regularly scheduled and noticed meetings of the city council, including regular meetings and special meetings.

C. Attendance Guidelines for Boards, Commissions and Committees. The city council requires that members of each board, commission or committee of the city council hereby have an annual attendance of 75 percent of the meetings and that three consecutive unexcused absences lead to automatic resignation from the board, commission or committee. (Ord. 2657 § 1, 2007; Ord. 2520, 2002; Ord. 2455, 2000; Ord. 2300 § 1, 1997)

2.08.028 Limited terms for boards and commissions.

No member shall serve more than two consecutive terms on any particular board or commission; provided, however, if a member does serve two consecutive terms on a particular board or commission, they must wait the equivalent of one full term before reapplying to serve on that particular board or commission. Board or commission members are allowed to serve consecutive terms on different boards or commissions. Concurrent service on more than one board or commission, however, is precluded. With the exception: Board and commission members appointed to fill midterm vacancies on all boards and commissions shall be allowed to be reappointed to the same board or commission for one additional term. An application for the new term must be filled out and submitted to be eligible for appointment. (Ord. 2533, 2002; Ord. 2221 § 4, 1995; Ord. 2024 § 5, 1991; Ord. 2016 § 5, 1991)

2.08.030 Advertisement for boards and commissions.

A. On or about October 1st, the city manager shall advertise vacancies and receive applications which shall consist of the official city of Blaine application form. The deadline for filing applications shall be November 1st. Candidates must complete a new application each time a vacancy opens.

B. On or about the second regular council meeting in November, the city council may interview the candidates in person in an open meeting. Public questions to the candidates may be solicited by the council. However, no appointments shall be made until the first regular meeting in December. Individual council members shall be authorized to contact candidates prior to final selection.

C. On the first regular council meeting in December, members of the city council shall nominate from the entire pool of applicants, candidates to fill all the vacancies on city of Blaine boards and commissions.

D. The council shall make appointments to boards and commissions for the expiring terms at this meeting. Such appointments shall be made by majority roll call vote of the council.

E. The city manager shall arrange orientation for appointed members. (Ord. 2221 § 5, 1995; Ord. 2024 § 6, 1991; Ord. 2016 § 6, 1991)

2.08.032 Midterm vacancies.

The procedure outlined in BMC 2.08.030 shall be followed in midterm vacancies; provided, however, the vacancy may be posted and advertised when the position becomes vacant and the vacancy filled by council as soon as practical thereafter. (Ord. 2221 § 6, 1995)

Chapter 2.12
CITY CLERK*

Sections:

2.12.010 Appointment.

2.12.020 Salary.

2.12.030 Administrative duties/responsibilities.

* Prior history; prior code §§ 1-1101, 1-1102; Ord. 1245.

2.12.010 Appointment.

The city clerk’s position shall be appointed as provided for under Chapter 35A.13 RCW by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2332 § 1, 1997)

2.12.020 Salary.

The salary of the city clerk shall be set annually as part of the budget process. (Ord. 2332 § 1, 1997)

2.12.030 Administrative duties/responsibilities.

The city clerk shall hereinafter assume the responsibility for defining and assuring compliance with all records management standards, systems and procedures of city departments. Maintains official personnel records. Controls processing of official correspondence and records with other governmental agencies. Assists other departments in preparation of and conformance with records requirements related to bonds, annexations, vacations, and other legal and financial proceedings, and other duties as assigned or amended by the city manager. (Ord. 2332 § 1, 1997)

Chapter 2.16
CITY TREASURER

(Repealed by Ord. 2239)

Chapter 2.18
FINANCE DIRECTOR

Sections:

2.18.010 Established.

2.18.020 Salary.

2.18.030 Administrative duties/responsibilities.

2.18.040 Blanket amendment.

2.18.010 Established.

Effective January, 1992, there was created within the city of Blaine the position of finance director. The position shall be appointed as provided for under Chapter 35A.13 RCW by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2331 § 1, 1997)

2.18.020 Salary.

The salary of the finance director shall be set annually as part of the budget process. (Ord. 2331 § 2, 1997)

2.18.030 Administrative duties/responsibilities.

The finance director shall hereinafter assume the responsibilities and duties of municipal financial matters under procedures which are established by the state and municipal statutes. These duties shall include, but shall not be limited to directing and controlling the financial, municipal court, purchasing and inventory activities of the city, including accounting, revenue collections, utility billing, investments, tax audit and payroll functions and other duties as assigned or amended by the city manager, and shall be available to consult with the city manager concerning the same. (Ord. 2331 § 3, 1997)

2.18.040 Blanket amendment.

All Blaine Municipal Code designations “city treasurer” or any variations therein shall be amended to read “finance director.” (Ord. 2331 § 4, 1997)

Chapter 2.20
OFFICERS PRO TEM

(Repealed by Ord. 2240)

Chapter 2.24
EMERGENCY ORGANIZATION

Sections:

2.24.010 Definitions.

2.24.020 Emergency management organization established.

2.24.030 Emergency and disaster powers of the city manager.

2.24.040 Violation – Penalty.

2.24.010 Definitions.

For the purpose of this chapter, the terms set out in this section shall have the following meanings:

A. “Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which:

1. Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or

2. Reaches such a dimension or degree of destructiveness as to warrant the city manager proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local or state statute; or

3. Affects seriously the safety, health, or welfare of a substantial number of citizens of this city, or precludes the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking state or county supplementation of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced.

B. “Emergency management” (synonymous with “civil defense”) shall mean the preparation for and the carrying out of all emergency function, as set forth in Chapter 38.52 RCW, other than functions for which the military forces are primarily responsible, to mitigate against, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or manmade. It does not include, nor does any provision of the chapter apply to, any condition relating to a labor controversy.

C. “Director” shall mean the Whatcom County sheriff.

D. “Emergency management council” shall mean the policy-making agency for the Whatcom County sheriff’s office division of emergency management. It shall be composed of the mayor or the executive head of each political subdivision contracting or signing an interlocal agreement with Whatcom County for emergency management, and the sheriff as the director of emergency management, who shall serve as vice chairman of the council.

E. “Division” shall mean the Whatcom County division of emergency management. (Ord. 2259 § 1, 1996)

2.24.020 Emergency management organization established.

The emergency management organization of the city of Blaine is hereby created in accordance with Chapter 38.52 RCW. The city is part of a joint local organization for emergency management known as the Whatcom County division of emergency management (“division”), as outlined in the Interlocal Cooperative Agreement for Provision of Emergency Management Services, hereinafter referred to as the interlocal agreement, dated January 1, 1990, to which this city is signatory. In accordance with the interlocal agreement, the emergency management organization of the city of Blaine shall consist of:

A. The city manager, who shall be responsible for the direction and control of the emergency management organization of the city. The city manager shall also serve as a member of the emergency management council, hereinafter referred to as the “council” and participate as a member of the council in:

1. Selecting annually one of the council’s members to act as chairman of the council;

2. Meeting once annually between July and October, and at such other times as necessary at the call of the chairman and/or the director of emergency management. At least one-half of the membership must be present to constitute a quorum. A quorum will be four;

3. Having the duty and being empowered to review and recommend adoption of mutual aid plans and agreements to the legislative bodies of the jurisdictions party hereto, and approving or confirming emergency management and disaster plans, rules and regulations, and other disaster related actions of the director of emergency management;

4. Adopting or causing to be adopted by the city such resolutions and rules and regulations as are necessary to implement adopted plans and agreements;

5. Establishing annually via majority vote of the council membership present at the annual meeting, broad policy guidelines and program priorities for the emergency management division to be implemented by the director of emergency management.

B. The director of emergency management, who is the Whatcom County sheriff and has been appointed by the joint action of the political subdivisions signatory to the interlocal agreement, hereinafter referred to as the “director”, shall:

1. Be directly responsible to the city manager in matters relating to emergency management within the city;

2. Serve as the chief advisor to the council concerning emergency management matters affecting the emergency management;

3. Provide assistance as required to the city;

4. Direct the activities of the emergency management division and the emergency operations center;

5. Maintain, review and update the Whatcom County emergency management operations plan, insuring conformance with the state plan and program;

6. Control and direct the effort of the Whatcom County emergency management organization, including the preparation of supporting plans and operating procedures;

7. Prepare and submit to the council an annual budget and program for the emergency management division;

8. Represent the emergency management division in all life and property issues of the people, and, with the concurrence of the city manager, bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

9. To require emergency services of any officer or employee of the city, with concurrence of the city manager, in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered civil defense workers;

10. To execute all of the special powers conferred upon him by this agreement or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the council or by any other lawful authority;

11. To requisition necessary personnel or material of any county department or agency, or of any city department or agency, with the concurrence of the city manager of that city;

12. In the event of major emergency within the city, the director will be empowered to take only those actions specifically requested and authorized by the city, and approved by the executive head of any other political subdivision affected by such actions.

C. The deputy director of emergency management, who is appointed by the director, is responsible for the day-to-day operation of the division.

D. The city coordinator shall be the director of public safety, and shall coordinate the city’s emergency management functions, and perform liaison with the division on matters involving the emergency management program for the city of Blaine.

E. Designated city employees, together with those volunteer forces enrolled to aid during disaster, and all groups, organizations and persons who may by agreement or operation of the law, including persons pressed into services under provision of the law, charged with duties incidental to the protection of life and property in time of disaster; such persons shall be entitled to all privileges, benefits, and immunities as a provided by state law for registered emergency workers. (Ord. 2259 § 2, 1996)

2.24.030 Emergency and disaster powers of the city manager.

In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a state of emergency by the Governor, the city manager is hereby empowered:

A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

B. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city of Blaine for the fair value thereof, and, if required immediately, to commandeer the same for public use;

C. To control and direct the efforts of the emergency management organization of the city of Blaine for the accomplishment of the purposes of this chapter;

D. To require emergency services of any city officer or employee, and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the city manager’s duties; such persons to be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency workers;

E. To requisition necessary personnel or material of any city department or agency;

F. To execute all of the special powers conferred upon the city manager by this chapter, or by any other statute, agreement, or lawful authority, as necessary;

G. To establish and maintain continuity of government so as to establish provided exemption to notice requirements of the Open Public Meetings Act, and ensure proper succession of authority as is established in the city of Blaine emergency operations procedures. (Ord. 2259 § 3, 1996)

2.24.040 Violation – Penalty.

It shall be a gross misdemeanor for any person during a disaster:

A. To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him/her by virtue of this chapter;

B. To commit any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the county, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the department of emergency management of the state. (Ord. 2362 § 1, 1998; Ord. 2259 § 5, 1996)

Chapter 2.26
PUBLIC SAFETY DIRECTOR

Sections:

2.26.010 Public safety director established.

2.26.020 Salary.

2.26.030 Character and conduct.

2.26.040 Scheduling and administrative duties – Responsibilities.

2.26.050 Blanket amendment.

2.26.010 Public safety director established.

There is hereby created within the city of Blaine the position of public safety director. The position shall be appointed by the city manager for an indefinite term and may be removed at will by the city manager. (Ord. 2179 § 1, 1995)

2.26.020 Salary.

The salary of the public safety director shall be set annually as part of the budget process. (Ord. 2179 § 1, 1995)

2.26.030 Character and conduct.

The public safety director shall maintain a high moral character, be free of moral turpitude, and shall at all times conduct him/herself with dignity becoming an employee of a municipal corporation. (Ord. 2179 § 1, 1995)

2.26.040 Scheduling and administrative duties – Responsibilities.

The public safety director shall hereinafter assume the responsibilities and duties previously assigned to the chief of police and the fire chief. These duties shall include, but shall not be limited to, preparing the salary schedules and preliminary budget estimates for both the police and fire departments and shall be available to consult with the city manager concerning the sane. The public safety director shall be the chief administrative officer for both the police and fire departments. (Ord. 2179 § 1, 1995)

2.26.050 Blanket amendment.

All Blaine municipal code designations “chief of police,” “fire chief” or any variations therein shall be amended to read “public safety director.” (Ord. 2179 § 1, 1995)

Chapter 2.28
FIRE MARSHAL

(Repealed by Ord. 2249)

Chapter 2.32
HEALTH OFFICER

(Repealed by Ord. 2232)

Chapter 2.36
CEMETERY BOARD

(Repealed by Ord. 2246)

Chapter 2.40
FAIR HOUSING BOARD

Sections:

2.40.010 Established – Composition – Appointment.

2.40.020 Investigatory and subpoena powers – Hearing records.

2.40.030 Hearings on complaints – Reports for prosecution.

2.40.040 Rules and regulations – Meeting scheduling.

2.40.010 Established – Composition – Appointment.

A. There is established a fair housing board to consist of three members to investigate complaints under this chapter. The members shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the fair housing board following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in four years, three years and two years, respectively. Thereafter, the term of office for each appointive member shall be four years. The board shall determine which member shall serve as chairperson. (Ord. 2025 § 2, 1991; Ord. 2020 § 2, 1991; Ord. 1542 § 2(a), 1979; prior code § 2-702(A))

2.40.020 Investigatory and subpoena powers – Hearing records.

The board shall have all powers necessary to investigate complaints, including subpoena and calling of witnesses. Records shall be kept of all hearings. (Ord. 1542 § 2(b), 1979; prior code § 2-702(B))

2.40.030 Hearings on complaints – Reports for prosecution.

Upon a complaint being filed, the board shall conduct such hearings as it deems necessary to make a determination. The board, if it determines probable cause exists to state that a violation has taken place, shall issue a report to the city attorney for prosecution. (Ord. 1542 § 2(c), 1979; prior code § 2-702(C))

2.40.040 Rules and regulations – Meeting scheduling.

The board shall have the power to adopt its own rules and regulations together with meeting schedules. (Ord. 1542 § 3, 1979; prior code § 2-703)

Chapter 2.44
PARK AND CEMETERY BOARD

Sections:

2.44.010 Definitions.

2.44.020 Composition – Terms – Appointment.

2.44.030 Officers – Meetings – Rules – Records.

2.44.040 Quorum – Majority rule.

2.44.050 Responsibility of board.

2.44.060 City power to acquire park lands.

2.44.070 Repealed.

2.44.080 Budget estimates.

2.44.010 Definitions.

Words used in this chapter and Chapter 3.54 BMC shall be defined as follows:

A. “Board” means the park and cemetery board.

B. “Park” means an area of land used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreational centers and all other recreational facilities for the use and benefit of the public, including municipal buildings so used.

C. “Cemetery” means any one, or a combination of more than one, of the following, in a place used, or intended to be used, and dedicated, for cemetery purpose:

1. A burial park, for earth interments;

2. A mausoleum, for crypt interments;

3. A columbarium, for permanent cinerary interments. (Ord. 2324 § 2, 1997; Ord. 2246 § 2(a), 1996; Ord. 1394 § 1, 1974; prior code § 2-201)

2.44.020 Composition – Terms – Appointment.

A. Seven board members shall constitute the park and cemetery board. They shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the park and cemetery board following the effective date of the ordinance codified in this section, the board members presently in office shall determine by lot whose terms shall expire in four years, three years, two years, and one year, respectively. Thereafter, the term of office for each appointive member shall be four years. The board shall determine which member shall serve as chairperson. (Ord. 2611 § 1, 2005; Ord. 2324 § 3, 1997; Ord. 2025 § 3, 1991; Ord. 2020 § 3, 1991; Ord. 1394 § 2, 1974; prior code § 2-202)

2.44.030 Officers – Meetings – Rules – Records.

The board shall annually elect its own chairman and create and fill such other offices as it may determine it requires. The board shall hold at least one meeting per month during 10 calendar months each year. It shall adopt rules for transaction of business, and it shall keep a record of its meetings, which record shall be open to public inspection. (Ord. 1394 § 3, 1974; prior code § 2-203)

2.44.040 Quorum – Majority rule.

Four members of the board shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any regular or special meeting shall be deemed as the action of the board. (Ord. 2611 § 1, 2005; Ord. 1394 § 3, 1974; prior code § 2-203)

2.44.050 Responsibility of board.

A. The board shall be entrusted with the responsibilities of advising and making recommendations to the city council for the management, control, improvement and beautification of all public squares, parklets and parks of the city and of all park drives, parkways, boulevards, play and recreation grounds and facilities. The board shall also periodically review whether the lands being used for park purposes are adequate and shall recommend to the council, when necessary, what additional lands and grounds should be acquired and used for park purposes, and shall share responsibility for total park design in Blaine.

B. The board shall also recommend to the council appropriate measures to ensure that the city has a well-integrated and complete program for this use of its parks and playgrounds and to accomplish this end the board shall from time to time meet with the appropriate city employees and with the officials of other groups who make use of city parks and playgrounds.

C. The board shall be entrusted with the responsibility of advising and making recommendations to the city council as to the management and control of the city’s cemetery property. (Ord. 2324 § 4, 1997; Ord. 2246 § 2(b), 1996; Ord. 1394 § 4, 1974; prior code § 2-204)

2.44.060 City power to acquire park lands.

The city shall have power, by ordinance, to acquire property for park purposes by gift, bequest, devise, donation, purchase, condemnation or other process, in accordance with law; provided, that any mortgage or other obligation given in payment for land for park purposes shall not be a personal or general liability against the city, but shall be and remain a liability against the property so acquired only. (Ord. 1394 § 6, 1974; prior code § 2-206)

2.44.070 Annual report.

Repealed by Ord. 2324. (Ord. 1394 § 7, 1974; prior code § 2-207)

2.44.080 Budget estimates.

The board shall submit to the city manager or his/her designee each year, on or before the last Monday in August, an estimate of the amount of money required by the department to carry on its activities for the ensuing year and recommendations for the development of the program and facilities as it may deem advisable, for the information and guidance of the city council in preparing the budget for the operation and maintenance of the city parks, recreational program, cemetery and necessary facilities and the acquisition of property needed therefor. (Ord. 2324 § 6, 1997; Ord. 1394 § 8, 1974; prior code § 2-208)

Chapter 2.46
NAMING OF PUBLIC PARKS AND FACILITIES

Sections:

2.46.010 Selection of name criteria.

2.46.020 Designation of name by city council.

2.46.030 Naming of interior features or facilities.

2.46.040 Renaming procedure.

2.46.050 Restriction on certain name proposals.

2.46.060 Signing.

2.46.070 Declining donations and/or proposals.

2.46.010 Selection of name criteria.

It is the policy of the city of Blaine to choose names for public parks and facilities based upon the site’s relationship to the following criteria:

A. Neighborhood, geographic or common usage identification;

B. A historical figure, place, event or other instance of historical or cultural significance;

C. Natural or geological features;

D. An individual (living or deceased) or a corporation or business who has made a significant land and/or monetary contribution to the park system or who has had the contribution made “in memoriam” and when the name has been stipulated as a condition of the donation; or

E. An individual who has contributed outstanding civic service to the city. (Ord. 2411 § 1, 1999)

2.46.020 Designation of name by city council.

The city council shall designate the names of public parks or facilities. The city council shall make its selection after receiving a written recommendation from the city of Blaine parks and cemetery board, based upon public input from individuals and organizations. Such written recommendation shall state how the proposed name(s) meet the five criteria in BMC 2.46.010. If a contest or competition is to be held to determine the name of a park or facility, the parks and cemetery board shall establish guidelines and rules for the contest. No city funds shall be used for any contest prizes. (Ord. 2411 § 1, 1999)

2.46.030 Naming of interior features or facilities.

The interior features and/or facilities of a park or facility may have names other than that of the entire park or facility. These names are subject to the criteria designated in BMC 2.46.010 and the selection process outlined in BMC 2.46.020. (Ord. 2411 § 1, 1999)

2.46.040 Renaming procedure.

A name once selected for a park or facility should be bestowed with the intention that it will be permanent, and changes should be strongly resisted. Name changes shall be subject to the procedures set forth in this chapter. (Ord. 2411 § 1, 1999)

2.46.050 Restriction on certain name proposals.

The parks and cemetery board shall wait at least six months between receipt of a name proposal and submittal of a final recommendation on its adoption in cases where the event or public service to be commemorated took place within the past year. (Ord. 2411 § 1, 1999)

2.46.060 Signing.

Following selection of a park or recreation facility name by the city council, the parks and cemetery board will identify the specific park or facility by appropriate signing specifying the name. (Ord. 2411 § 1, 1999)

2.46.070 Declining donations and/or proposals.

The city reserves the right to decline donations and/or all proposals for the naming of facilities. (Ord. 2411 § 1, 1999)

Chapter 2.48
HOUSING AUTHORITY

Sections:

2.48.010 Established – Appointment of commissioners.

2.48.020 Statutory powers and duties.

2.48.010 Established – Appointment of commissioners.

A. The housing authority of the city, as provided by Chapter 35.82 RCW, is created and authorized to transact business and execute its powers thereunder, there being a need for such authority to function in the city. The board shall consist of five members. The members shall be appointed by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the housing authority, following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in five, four, three and two years, and one year, respectively. Thereafter, the term of office for each member of the authority shall be five years. The board shall determine which member shall serve as chairperson. (Ord. 2025 § 4, 1991; Ord. 2020 § 4, 1991; prior code § 1-1302)

2.48.020 Statutory powers and duties.

See Chapter 35.82 RCW for statute relating to municipal housing authorities. (Prior code § 1-1301)

Chapter 2.52
CIVIL SERVICE COMMISSION

Sections:

2.52.010 Established powers – Purpose.

2.52.020 Membership.

2.52.030 Rules and regulations – Meetings – Powers.

2.52.040 Qualifications of police officers – Conditions of police service.

2.52.050 Benefits eligibility of existing police officers.

2.52.010 Established powers – Purpose.

Pursuant to the authority conferred by Chapter 13 of the Laws of 1937 of the State of Washington (Chapter 41.12 RCW) there is created a civil service commission to execute the powers and perform the duties established by such state law in connection with the selection, appointment and employment of police. (Ord. 2406 § 1, 1999; Ord. 1391 § 1, 1974; prior code § 2-601)

2.52.020 Membership.

A. The civil service commission shall be composed of three members. Members shall be appointed by the city manager. Members shall serve without compensation and shall have the qualifications described by Section 3 of the acts cited in BMC 2.52.010.

B. At the next regular meeting of the civil service commission following the effective date of the ordinance codified in this section, the commissioners shall determine by lot whose term shall expire in six years, four years, and two years respectively. Thereafter, the term of office for each appointive member shall be six years. The members of the commission shall determine which member shall serve as chairperson. (Ord. 2406 § 2, 1999; Ord. 2025 § 8, 1991; Ord. 2020 § 8, 1991; Ord. 1391 § 2, 1974; prior code § 2-602)

2.52.030 Rules and regulations – Meetings – Powers.

The civil service commission, upon appointment, qualification and organization, shall hold meetings, adopt rules and regulations, perform the duties and exercise the powers of such commission in compliance with the state law governing same. (Ord. 1391 § 4, 1974; prior code § 2-604)

2.52.040 Qualifications of police officers – Conditions of police service.

All applicants for employment with the police force of the city shall be required to have the qualifications, be subject to examinations, have a tenure in office, and be subject to removal, as provided by the civil service regulations adopted by the commission consistent with Chapter 13, Laws of 1937 of the state of Washington. (Ord. 1391 § 3, 1974; prior code § 2-603)

2.52.050 Benefits eligibility of existing police officers.

All members of the police force of the city as of the adoption of the ordinance codified in this chapter shall be eligible to the benefits accruing under Chapter 13, Laws of 1935 of the state of Washington and this chapter by compliance with the regulations of the commission and upon successfully qualifying for permanent appointment and promotion on merit, efficiency and fitness, which shall be ascertained by such qualifying examination and impartial investigation as the civil service commission may provide. (Ord. 1391 § 5, 1974; prior code § 2-605)

Chapter 2.56
PLANNING COMMISSION*

Sections:

2.56.010 Established – Membership.

2.56.020 Terms.

2.56.030 Residency.

2.56.040 Vacancies – Nonpartisanship – Compensation.

2.56.050 Duties.

2.56.060 Research and fact-finding.

2.56.070 Secretary.

2.56.080 Quorum – Valid action.

2.56.090 Expenditures – Employees.

* Prior ordinance history: Ord. 1608.

2.56.010 Established – Membership.

A. There is created a city planning commission consisting of seven members who shall be selected by the city council pursuant to Chapter 2.08 BMC, as adopted and amended.

B. At the next regular meeting of the planning commission following the effective date of the ordinance codified in this section, the commissioners presently in office shall determine by lot whose terms shall expire in four years, three years, two years, and one year, respectively. Thereafter, the term of office for each appointive member shall be set by BMC 2.56.020. The members of the commission shall determine which member shall serve as chairperson. (Ord. 2025 § 5, 1991; Ord. 2020 § 5, 1991; Ord. 1991 § 1, 1990; Ord. 1650 § 1, 1982; Ord. 999 § 1, 1948; Ord. 987 § 1, 1948; Ord. 985 § 1, 1948; prior code § 2-101)

2.56.020 Terms.

The term of office of the seven members appointed by the city council shall be six years. (Ord. 2025 § 5, 1991; Ord. 2020 § 5, 1991; Ord. 1650 § 1, 1982; Ord. 999 § 1, 1948; prior code § 2-102)

2.56.030 Residency.

Any member appointed to the planning commission shall reside within the city limits for the term of his office. (Ord. 1650 § 1, 1982; Ord. 1530 § 1, 1979; prior code § 2-111)

2.56.040 Vacancies – Nonpartisanship – Compensation.

Vacancies occurring otherwise than through the expiration of terms shall be filled by the mayor with the approval of the council, for inefficiency, neglect of duty or malfeasance in office. The members shall be selected without respect to political affiliations and they shall serve without compensation. (Ord. 1650 § 1, 1982; Ord. 985 § 1, 1948; prior code § 2-103)

2.56.050 Duties.

The planning commission, as required by this chapter, shall:

A. Hold public hearings and make recommendations to the city council on conditional use permit applications;

B. Review all planned unit developments and mobile home park proposals, and make recommendations to the council;

C. Review all proposed amendments to this chapter and make recommendations to the council;

D. Review and decide on shoreline substantial development permit applications and proposed amendments to the shoreline program, as required in the Shoreline Management Master Program. (Ord. 1650 § 1, 1982; Ord. 985 § 2, 1948; prior code § 2-104)

2.56.060 Research and fact-finding.

The planning commission may act as the research and fact-finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by the council. (Ord. 1650 § 1, 1982; Ord. 985 § 3, 1948; prior code § 2-105)

2.56.070 Secretary.

The planning commission may designate one of its members to act as secretary without salary or, if requested by the commission, the city manager shall designate a member of the paid staff of the city to serve as such secretary/transcriber. (Ord. 2325 § 1, 1997; Ord. 1650 § 1, 1982; Ord. 985 § 4, 1948; prior code § 2-106)

2.56.080 Quorum – Valid action.

A majority of the membership of the planning commission, not less than four appointed members, shall constitute a quorum for the transaction of business. Any action taken by a majority of those present when a meeting of the planning commission is held shall be deemed and taken as the action of the commission. (Ord. 1650 § 1, 1982; Ord. 985 § 5, 1948; prior code § 2-107)

2.56.090 Expenditures – Employees.

The expenditures of the commission shall be within the amounts appropriated for the commission by the city council. Within such limits the commission may employ such employees and expert consultants as are deemed necessary for its work. (Ord. 1650 § 1, 1982; Ord. 985 § 6, 1948; prior code § 2-108)

Chapter 2.58
HEARING EXAMINER

Sections:

2.58.010 Established.

2.58.020 Blanket amendment.

2.58.030 Purpose.

2.58.040 Salary.

2.58.050 Qualifications.

2.58.060 Appointment and removal.

2.58.070 Duties and powers.

2.58.080 Rules and regulations.

2.58.090 Department reports.

2.58.100 Changes in legislation.

2.58.110 Limited jurisdiction.

2.58.120 Final decision conditions.

2.58.130 Final decision – Findings and conclusions.

2.58.140 Time limitation on decision.

2.58.150 Review limited.

2.58.160 Appeal of hearing examiner decision.

2.58.010 Established.

Effective February 2002, the position of city of Blaine hearing examiner is created. The position shall be appointed as provided for under RCW 36.70.970 by the city council for a two-year term and may be removed at will by the city council. (Ord. 2507 § 2, 2002)

2.58.020 Blanket amendment.

All Blaine Municipal Code designations of “board of adjustment” or “board of appeals” or any variations therein shall be amended to read “hearing examiner.” (Ord. 2507 § 2, 2002)

2.58.030 Purpose.

The purpose for creating a hearing examiner function is:

A. To provide an efficient and effective system for deciding appeals from administrative decisions;

B. To help insure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements. (Ord. 2507 § 2, 2002)

2.58.040 Salary.

The hearing examiner shall be compensated on an hourly basis as established by resolution with an allocated budget set annually as part of the budget process. (Ord. 2507 § 2, 2002)

2.58.050 Qualifications.

The hearing examiner and his or her pro tempore shall be appointed solely with regard to their qualifications for the duties of their office, and shall have such training or experience as will qualify them to conduct administration of quasi-judicial hearings on the application of regulatory enactments and to discharge other functions conferred upon them, and shall hold no other appointed or elected public office or position in the city government, except as provided in this chapter. (Ord. 2507 § 2, 2002)

2.58.060 Appointment and removal.

The hearing examiner and one or more pro tem shall be appointed by a majority vote of the city council for a two-year period. The hearing examiner may be removed from office at any time by an affirmative vote of not less than two-thirds of city council members. (Ord. 2507 § 2, 2002)

2.58.070 Duties and powers.

The hearing examiner shall make a final decision upon the following matters:

A. Appeals from any final written orders, requirements, permits, decisions or determinations made by an administrative official in the administration of BMC Titles 8, 12, 13, 15, 16 and 17.

B. Appeals from SEPA determinations of significance, determinations of nonsignificance, and mitigated determinations of nonsignificance. (Ord. 2507 § 2, 2002)

2.58.080 Rules and regulations.

The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings before him, subject to approval by the city council, and also to issue summons for and compel the appearance of witnesses, to administer oaths and preserve order. The opportunity of cross-examination of witnesses shall be afforded all interested parties or their counsel in accordance with the rules of the hearing examiner. (Ord. 2507 § 2, 2002)

2.58.090 Department reports.

The hearing examiner may request reports from appropriate staff. (Ord. 2507 § 2, 2002)

2.58.100 Changes in legislation.

The hearing examiner may recommend changes in legislation to the community development department or city council. (Ord. 2507 § 2, 2002)

2.58.110 Limited jurisdiction.

The hearing examiner shall have no jurisdiction over any project that requires a legislative action, such as but not limited to regulatory amendments, regulatory map amendments, a comprehensive plan change, or a shoreline management program amendment. The approval or denial of such projects shall be solely within the discretion of the city council. (Ord. 2507 § 2, 2002)

2.58.120 Final decision conditions.

The hearing examiner’s final decision on all appeals shall either grant or deny the appeal. The hearing examiner may grant the appeal subject to conditions, modifications or restrictions that the hearing examiner finds necessary to make the proposed project compatible with its environment, and to carry out the objectives and goals of the comprehensive plan, the land use code, and other applicable official policies and objectives of the city. Performance bonds or other security, acceptable to the city, may be required to ensure compliance with the conditions, modifications and restrictions. (Ord. 2507 § 2, 2002)

2.58.130 Final decision – Findings and conclusions.

Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. (Ord. 2507 § 2, 2002)

2.58.140 Time limitation on decision.

Each final decision of the hearing examiner shall be rendered within 10 days following the conclusion of all testimony and hearings. (Ord. 2507 § 2, 2002)

2.58.150 Review limited.

No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as provided herein. (Ord. 2507 § 2, 2002)

2.58.160 Appeal of hearing examiner decision.

The decision of the hearing examiner shall be final unless appealed to the city council within 21 days of the issuance of the written decision. (Ord. 2507 § 2, 2002)

Chapter 2.60
CITY OFFICE HOURS

Sections:

2.60.010 Five-day week – Saturday closure.

2.60.010 Five-day week – Saturday closure.

As provided by state law, a five-day week shall be enforced for city offices, and such offices shall be closed on Saturday. (Ord. 1043, 1952; prior code § 1-1501)

Chapter 2.61
SMOKING REGULATIONS

Sections:

2.61.010 Smoking regulations.

2.61.020 Violation – Penalty.

2.61.010 Smoking regulations.

Smoking is not permitted in any of the city of Blaine facilities including but not limited to: City Hall, Fire Stations I and II, City Annex (police, community development), public library, wastewater treatment plant, public works facility, community/senior center, and all Blaine vehicles and mobile equipment. (Ord. 2380 § 1, 1998; Ord. 1774 § 1, 1985)

2.61.020 Violation – Penalty.

Any person intentionally violating this section by smoking, removing, defacing, or destroying a sign required by this chapter in the city of Blaine’s facilities and/or vehicles is subject to a civil fine of up to $100.00. Any penalty assessed and recovered in an action brought under this chapter shall be paid to the city of Blaine. (Ord. 2380 § 2, 1998)

Chapter 2.64
OFFICERS’ BONDS*

Sections:

2.64.010 Amounts required of city officials.

* Prior history: Ord. 681; prior code § 1-1001.

2.64.010 Amounts required of city officials.

The bonds of city officials of the city of Blaine are set as follows:

A. City manager: $50,000;

B. City clerk: $10,000;

C. Finance director: $100,000;

D. Deputy finance director: $100,000;

E. Senior accountant: $100,000;

F. Cashier: $50,000;

G. Payroll clerk: $50,000;

H. Billing clerks: $10,000;

I. Court clerk: $10,000;

J. Probation officer: $10,000;

K. Public safety director: $1,000;

L. Police officer(s): $1,000. (Ord. 2310, 1997; Ord. 2241, 1996; Ord. 1648 § 1, 1982)

Chapter 2.68
SALARIES*

Sections:

2.68.010 Councilmembers.

2.68.015 Mayor compensation.

2.68.020 Absences allowed.

2.68.030 Other officials and employees.

* Prior history: Prior code §§ 1-402 and 1-403; Ords. 564, 570, 682, 1369 and 1432.

2.68.010 Councilmembers.

The compensation of the councilmembers of the city of Blaine, to be paid to them as full compensation for the services rendered by them for and on behalf of the city in the performance of their respective duties, is fixed at $150.00 per regular meeting attended. (Ord. 2483, 2001; Ord. 2027 § 1, 1991)

2.68.015 Mayor compensation.*

The compensation of the mayor of the city of Blaine, to be paid to him or her as full compensation for the services rendered by him or her for and on behalf of the city in the performance of his or her respective duties, is fixed at $250.00 per regular meeting attended. (Ord. 2591 § 1, 2004)

* Code reviser’s note: Ordinance 2591 adds these provisions as Section 2.68.020. The section has been editorially renumbered to prevent duplication of numbering.

2.68.020 Absences allowed.

Each councilmember shall be allowed two paid absences per year. (Ord. 2027 § 1, 1991)

2.68.030 Other officials and employees.

The salary of all other officials and employees of the city shall be fixed by the annual budget of the city. (Ord. 2027 § 1, 1991)

Chapter 2.76
FIREMEN’S PENSIONS – VOLUNTEER FIRE DEPARTMENT

Sections:

2.76.010 Entitlement to benefits.

2.76.020 Board of trustees.

2.76.030 Size of volunteer fire department.

2.76.010 Entitlement to benefits.

All firemen, including volunteer and fully paid, if any, shall be entitled to the benefits of the death and disability and pensions and retirement provisions provided under Chapter 41.24 RCW. (Ord. 1654 § 1, 1982; Ord. 936 § 1, 1945; prior code § 3-301)

2.76.020 Board of trustees.

The city manager shall be chairman of the board of trustees and the city clerk shall be the secretary-treasurer of the board of trustees. The secretary shall keep public record of all proceedings, of all receipts and disbursements made by the board of trustees and shall make an annual report of its expenses and disbursements with a full list of the beneficiaries of the fund and such record is to be placed on file in the office of the city clerk. (Ord. 1654 § 2, 1982; Ord. 936 § 2, 1945; prior code § 3-302)

2.76.030 Size of volunteer fire department.

The volunteer fire department personnel of the city shall not at any time exceed 25 firemen for each 1,000 of population or fraction thereof; provided, that at no time shall the members of the fire department be less than 15 firemen. (Ord. 1654 § 3, 1982; Ord. 936 § 3, 1945; prior code § 3-303)

Chapter 2.78
AIRPORT MANAGER

Sections:

2.78.010 Airport manager established.

2.78.020 Powers.

2.78.022 Duties.

2.78.010 Airport manager established.

There is established an airport manager. There shall be an airport manager. The airport manager shall be the city manager for the city of Blaine. (Ord. 2711 § 1, 2008)

2.78.020 Powers.

The airport manager’s powers shall not exceed those listed in RCW 14.08.120, as adopted and amended. The airport manager’s primary duty, in consultation with the city attorney, shall be to oversee and pursue the permanent closure and termination of the Blaine Municipal Airport. All actions required by law to be taken by the city’s legislative or governing body shall be taken by the city council, and not the airport manager. Until such time as the Blaine Municipal Airport is fully and permanently closed and terminated, including all airport and airport-related operations, the airport manager shall operate, maintain, and regulate the Blaine Municipal Airport; provided, that any of the following shall be subject to the approval of the Blaine city council:

A. Adoption of all policies and regulations applicable to airport and airport-related operations.

B. The disposal of real and personal property not related to operation and maintenance of the existing Blaine Municipal Airport prior to the termination and closure of the Blaine Municipal Airport.

C. The expenditure of any sum of money included in the annual budget of the airport fund.

D. Any expenditure from the capital reserve of the airport fund.

E. Any other actions requiring approval of the city’s legislative or governing body. (Ord. 2711 § 1, 2008)

2.78.022 Duties.

Subject to the limitations in BMC 2.78.020, the duties of the Blaine airport manager, established in BMC 2.78.010, shall be to:

A. Oversee the permanent closure of the Blaine Municipal Airport, including all airport-related operations.

B. Oversee matters regarding the Blaine Municipal Airport prior to the permanent termination and closure of the Blaine Municipal Airport.

C. Carry out the operation and maintenance of the Blaine Municipal Airport for the safety and security of the Blaine Municipal Airport prior to the permanent termination and closure of the Blaine Municipal Airport.

D. Subject to city council approval, determine the rental rates or charges for use of any property owned or under the control of the Blaine Municipal Airport and for any services or accommodations provided by said airport, and terms and conditions under which such property may be used and such services may be provided.

E. Secure and enforce any liens as provided by law to enforce payment of any rental rates or charges established under subsection (D) of this section. (Ord. 2711 § 1, 2008)

Chapter 2.80
MUNICIPAL AIRPORT

(Repealed by Ord. 2692)

Chapter 2.84
CEMETERY

Sections:

2.84.010 Custodian – Position established – Duties.

2.84.020 Repealed.

2.84.010 Custodian – Position established – Duties.

The city clerk/designee is the custodian for the care of titles to graves and the sale and conveyance of lots in the Blaine City Cemetery. (Ord. 2326 § 1, 1997; Ord. 1197 § 1, 1963; prior code § 9-702)

2.84.020 Sexton – Compensation – Emoluments.

Repealed by Ord. 2326. (Ord. 1197 § 2, 1963; prior code § 9-702)

Chapter 2.86
MUNICIPAL COURT*

Sections:

2.86.010 Established – Jurisdiction.

2.86.020 Qualifications.

2.86.030 Term, appointment and removal.

2.86.040 Judges pro tempore, judicial vacancies and additional judges.

2.86.050 Salaries.

2.86.060 Municipal court facilities – Alternate locations – Hours of court.

2.86.070 Indemnification.

2.86.080 Administration.

* Prior ordinance history: Ord. 1725.

2.86.010 Established – Jurisdiction.

A court is now established in Blaine which shall be known as “the municipal court of Blaine” hereinafter designated and referred to as “the municipal court,” which court shall have jurisdiction and shall exercise all powers granted by RCW 3.50.010 et seq., as it now exists or may be hereafter amended, and vested in this court, together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. (Ord. 2509 § 1, 2002; Ord. 1836 § 1, 1987)

2.86.020 Qualifications.

Judges in the Blaine municipal court shall be licensed to practice law in the state of Washington and shall be citizens of the United States and Whatcom County. Judges appointed and confirmed shall take their appointment effective upon their taking their oath of office before the city council as administered by the city manager, the mayor or city clerk pursuant to RCW 3.50.097. Upon taking and executing the oath, the oath shall be filed with the Whatcom County auditor. (Ord. 2509 § 2, 2002; Ord. 2113 § 1, 1993)

2.86.030 Term, appointment and removal.

A. The term of office shall be four years. The municipal judge(s) holding office on the effective date of the ordinance codified in this chapter shall continue to hold office until expiration of his/her/their term(s) on January 1, 2006. The term of a successor(s) shall commence on January 1, 2006, and on January 1st of each fourth year thereafter, pursuant to appointment as provided below. Upon the expiration of his or her term, a municipal judge’s appointment shall not be automatically extended or renewed, unless said judge is reappointed.

B. The municipal judge(s) shall be appointed by the city manager subject to confirmation by the city council. The appointment shall be made on or before December 1st of each year next preceding the year in which the term(s) commences.

C. A municipal judge shall only be removed by a majority vote of the city council, and only upon a conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office upon a determination by the city manager and confirmed by the majority vote of the city council that such a disability exists. Any such vacancy shall be filled according to the terms of this chapter for the remainder of the unexpired term. (Ord. 2509 § 3, 2002)

2.86.040 Judges pro tempore, judicial vacancies and additional judges.

A. Any vacancy in the office of municipal judge due to death, disability, resignation or removal shall be filled by appointment by the city manager for the remainder of the unexpired term, with the appointment being subject to confirmation by the city council. The replacement judge shall be qualified to hold the position of municipal judge as provided in this chapter.

B. The city manager upon confirmation by the city council may designate in writing judges pro tem who shall act in the absence or disability of the regular judge or judges, or subsequent to the filing of an affidavit of prejudice. Judges pro tem shall not be subject to confirmation by the majority of the city council. A judge pro tem shall be qualified to hold the position of judge of the municipal court as provided in this chapter except that judges pro tem need not be residents of Whatcom County. The term of appointment for a judge pro tem shall be specified in writing, but in any event shall not extend beyond the term of the municipal court judge for whom he or she is substituting.

C. The city manager may appoint in writing one or more additional judge(s) whenever the public interest and the administration of justice so require. Additional judges appointed pursuant to this chapter may serve either as part-time or full-time judges as shall be designated by the city manager at the time of appointment. The appointment of additional judges shall be subject to confirmation by the majority of the city council. Additional judges shall be qualified to hold the position of municipal judge as is provided in this chapter. The term of an additional judge shall be specified by the city manager in writing, but in any event shall not exceed the remaining term of the regularly appointed judges with whom the additional judge serves. (Ord. 2509 § 3, 2002)

2.86.050 Salaries.

Salaries of the municipal court judge, judges pro tem and additional judges shall be fixed by ordinance. (Ord. 2509 § 3, 2002)

2.86.060 Municipal court facilities – Alternate locations – Hours of court.

The municipal court for the city of Blaine shall be held in the city council chambers, unless held in other locations as determined necessary by the municipal court judge and/or the city manager. Arraignments, other court hearings and trials may from time to time be held in other locations, such as the Whatcom County Jail, as determined by the municipal court judge to be necessary. The hours of the court shall be determined by the municipal court judge after consultation with and upon approval of the city manager. Either the city manager or the municipal court judge may change the time of the municipal court as determined to be necessary. (Ord. 2509 § 3, 2002)

2.86.070 Indemnification.

The city shall defend, indemnify and hold the municipal court judge, and all other city of Blaine judges pro tem and additional judges harmless from any and all claims arising out of the good faith performance of his/her duties and functions as the Blaine municipal court judge. (Ord. 2509 § 3, 2002)

2.86.080 Administration.

The municipal court judge and all other city of Blaine judges pro tem and additional judges shall report to the city manager. (Ord. 2509 § 3, 2002)

Chapter 2.88
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

Sections:

2.88.010 Duties and responsibilities.

2.88.020 Composition, terms and appointments.

2.88.030 Meetings, rules and records.

2.88.010 Duties and responsibilities.

A. The Blaine economic development advisory committee shall be advisory to the Blaine city council and have as its primary objective assisting the city council and the Blaine community in focusing on the important economic issues necessary to create a healthy and successful community.

B. The committee will serve to focus attention on economic development, educate the community regarding the importance of economic development and work with others to enhance the economy of Blaine, assist in the recruitment of new businesses and assist existing businesses in becoming more successful. (Ord. 2720 § 1, 2008)

2.88.020 Composition, terms and appointments.

A. The Blaine economic development advisory committee shall consist of up to 15 members.

B. Members need not reside in Blaine but must have a direct business relationship in the community or an interest and experience that will help achieve the stated purpose of the committee.

C. One member of the committee shall be a member of the Blaine city council and shall serve as the chair.

D. All members shall be nominated and approved by the Blaine city council.

E. Members shall serve four-year terms, except that after the adoption of this chapter the members shall, among themselves, determine who shall serve one-, two-, three- and four-year initial terms in order to achieve staggered terms. Thereafter, the full term of office for each appointive member shall be four years.

F. Members shall be limited to two full consecutive terms.

G. The committee may approve additional non-voting members and special advisors as it determines best for the functioning of the committee.

H. The committee shall select a vice-chair from its membership who shall serve in the chair’s absence and perform other duties as assigned by the chair.

I. The city manager or his/her designee shall serve as staff to the committee. (Ord. 2720 § 1, 2008)

2.88.030 Meetings, rules and records.

A. The committee shall meet at least six times annually.

B. The committee shall keep a written record of each meeting which shall be available to the public.

C. A quorum shall be a majority of the voting members, and action can be taken by a majority of those present.

D. The committee shall present a report to the city council of their activities on a quarterly basis. (Ord. 2720 § 1, 2008)

Chapter 2.90
SENIOR/COMMUNITY CENTER

(Repealed by Ord. 2258)

Chapter 2.94
PERSONNEL RULES AND POLICIES

Sections:

Article I. General Provisions

2.94.010 Purpose.

2.94.020 Applicability and authority.

Article II. Definitions

2.94.030 Exempt employee.

2.94.040 Nonexempt employee.

2.94.050 Regular employee (full-time).

2.94.060 Regular employee (part-time).

2.94.070 Temporary employee.

2.94.080 Special hourly employee.

Article III. Political Activities

2.94.090 Political activities.

Article IV. Conflict of Interest and Code of Ethics

2.94.100 Standards established for employees.

Article V. Prohibition of Employee Harassment

2.94.110 Prohibited acts.

2.94.120 Discrimination complaint procedure.

2.94.130 Employment of relatives.

Article VI. Salary Administration

2.94.140 Overtime and call out.

2.94.150 General salary practices.

Article VII. Employee Benefits and Time Off

2.94.160 Applicability.

2.94.170 Annual vacation.

2.94.180 Holidays.

2.94.190 Sick leave.

2.94.200 Coordination of sick leave with time loss payments.

2.94.210 Family leave.

2.94.220 Other leaves.

2.94.230 Social security.

2.94.240 Group insurance.

2.94.250 Pensions.

Article VIII. Employee Conduct and Dispute Resolution

2.94.260 Guidelines for appropriate conduct.

2.94.270 Corrective action procedure.

2.94.280 Complaint resolution procedure.

Article IX. Separation from Employment

2.94.290 Resignation in good standing.

2.94.300 Resignation not in good standing.

2.94.310 Discharge.

2.94.320 Layoff (reduction in force).

Article I. General Provisions

2.94.010 Purpose.

The intent of these policies is to accomplish the following:

A. To facilitate efficient and effective service to the public through the establishment of a uniform set of personnel policies for the employees of the city;

B. To promote open communication between managers, supervisors and employees;

C. To ensure that the city and the employees are in compliance with local, state and federal laws relevant to employment;

D. To ensure that employee selection, placement and treatment are based upon the individual’s qualifications and fitness for the position in which employed. (Ord. 2141 § 1.00, 1994)

2.94.020 Applicability and authority.

A. This chapter is applicable to all employees of the city except the city manager, who serves at the will of the city council. In cases where these policies are in conflict with local, state or federal law, the provisions of local, state or federal law will govern. Also, in the event of conflict between any provision of this chapter and any provision of a valid and effective collective bargaining contract or in cases where the application of these policies would conflict with police or fire civil service rules and regulations, the provisions of the labor contract and/or the civil service rules shall govern. In all other cases these policies shall apply. This chapter is not intended to be a contract, express or implied, or as a guarantee of employment for any specific duration.

B. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter will not be affected.

C. Authority to take personnel actions are vested in the city manager or his/her designee. This shall include but not be limited to hiring, upgrading, downgrading, evaluating, reclassifying and separating employees. In addition, the city manager or his/her designee shall serve as the coordinator for personnel actions of all departments. It is the policy of the city to delegate responsibility for personnel actions to immediate supervisors; however, coordination of all such actions through the city manager or his/her designee is required. (Ord. 2141 § 2.00, 1994)

Article II. Definitions

2.94.030 Exempt employee.

“Exempt employee” means an employee who acts in a bona fide executive, administrative or professional capacity as defined under the Fair Labor Standards Act (FLSA) or applicable state law. These employees are not entitled to receive overtime for hours worked in excess of 40 hours in a week. An exempt employee will not have deductions taken (either in pay or reductions to accumulated paid leave balances) for absences of less than a day in conformance with the FLSA. Unless deemed otherwise by the appropriate state or federal agency, the following positions shall be considered as exempt:

City Engineer Light Department Manager

Public Works Director Finance Director

Water/Sewer Manager Street Manager

Senior Accountant Fire Chief

Fire Marshall Police Captains

Police Chief Senior Planner

City Clerk Community Development Director

The city manager may, during the course of creating new positions or reorganizing city operations define other positions that would expand or reduce the list above in accordance with state and federal laws and regulations. (Ord. 2141 § 3.01, 1994)

2.94.040 Nonexempt employee.

“Nonexempt employee” means an employee who is required to be paid overtime at the rate of time and one half their regular rate of pay for all hours worked beyond 40 hours in a work week in accordance with the FLSA, applicable state laws or union contract. (Ord. 2141 § 3.02, 1994)

2.94.050 Regular employee (full-time).

“Regular employee (full-time)” means an employee who has been hired to work a 40-hour week in a regular position established by the city budget for a period of at least five consecutive months in a calendar year. (Ord. 2141 § 3.03, 1994)

2.94.060 Regular employee (part-time).

“Regular employee (part-time)” means an employee who has been hired to work more than 20 hours per week but less than 40 hours per week for a period of at least five consecutive months in a calendar year. (Ord. 2141 § 3.04, 1994)

2.94.070 Temporary employee.

“Temporary employee” means an employee who is employed for an indefinite, fluctuating or intermittent work schedule not to exceed 69 hours in a calendar month for more than four calendar months in any 12-month period. (Ord. 2141 § 3.05, 1994)

2.94.080 Special hourly employee.

“Special hourly employee” means an employee who is employed for an indefinite, fluctuating or intermittent work schedule with sufficient hours in a month that qualifies for participation in the Public Employees Retirement System (PERS) as provided by the state. Employee and employer contributions to PERS will be made for special hourly employees from the date of hire. The city manager shall make a determination at the time of hire as to whether the person hired shall be a temporary employee or a special hourly employee. (Ord. 2141 § 3.06, 1994)

Article III. Political Activities

2.94.090 Political activities.

While city employees have the right to participate in political or partisan activities of their choosing, all city employees are stewards of the public’s trust in matters of city government. Because of the nature of the services in which we are engaged, the following activities are prohibited:

A. City resources and property may not be utilized, and the activity may not adversely affect the responsibilities of the employees in their official duties. Employees may not campaign on city time or in city uniform or while representing the city in any way. Employees may not allow others to use city facilities or funds for political activities.

B. Use of official city authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office is prohibited.

C. Directly or indirectly coercing, attempting to coerce, or commanding a state or local officer or employee to pay, lend, or contribute anything of value to any party, committee, organization, agency, or person for political purposes is prohibited.

Violation of this section is sufficient cause for disciplinary action up to and including termination of employment. (Ord. 2141 § 4.00, 1994)

Article IV. Conflict of
Interest and Code of Ethics

2.94.100 Standards established for employees.

Due to the sensitive nature of being a public employee and the nature of the services provided by the city, the following standards are established for all city employees:

A. It is prohibited to receive or have any financial interest in any sale to the city of any service or property when such financial interest was received with the prior knowledge that the city intended to purchase such property or obtain such service.

B. It is prohibited to solicit or accept anything of economic value as a gift, gratuity, or favor from any person, firm or corporation involved in a contract or transaction which is or may be the subject of official action of the city; provided, that such prohibitions shall not apply to:

1. Attendance at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of city business or where attendance is appropriate as a staff representative;

2. An award publicly presented in recognition of public service.

C. It is prohibited to disclose confidential information, participate in the making of a contract, accept private employment or provide private services that would be in conflict or incompatible with the performance of official duties as a city employee.

Violation of this section is sufficient cause for disciplinary action up to and including termination of employment. (Ord. 2141 § 5.00, 1994)

Article V. Prohibition of Employee Harassment

2.94.110 Prohibited acts.

The city expressly prohibits any form of harassment of employees. Any interference with the ability of employees to perform their job is not tolerated. With respect to sexual harassment, the city expressly prohibits the following:

A. Unwelcome sexual advances; requests for sexual favors; and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

2. Submission to or rejection of such conduct is used, or threatened to be used, as the basis for decisions affecting an individual’s employment; or

3. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

B. Offensive comments, jokes, innuendoes, and other sexually oriented statements. (Ord. 2141 § 6.00, 1994)

2.94.120 Discrimination complaint procedure.

Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their co-workers and others.

A. If you experience any job related harassment based on your sex, race, national origin, marital status, disability or another factor, or believe you have been treated in an unlawful, discriminatory manner, promptly report the incident to your supervisor, who will investigate the matter and take appropriate action, including reporting it to the city manager.

B. If you believe it would be inappropriate to discuss the matter with your supervisor, you may bypass your supervisor and report the complaint directly to next highest manager or to the city manager who will undertake an investigation. Your complaint will be kept confidential to the extent possible.

C. It the city determines that an employee is guilty of harassing another employee, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment.

D. The city prohibits any form of retaliation against any employee for filing a good faith complaint under this policy or for assisting in a complaint investigation. Any employee who provides false information regarding a complaint may be subject to disciplinary action. (Ord. 2141 § 6.01, 1994)

2.94.130 Employment of relatives.

A. Members of the immediate family of city council members or of current city employees will not be hired if:

1. One member would have the authority or power to supervise, hire, remove or discipline the other;

2. One member would be responsible for financially auditing the work of the other;

3. One member would handle confidential material that creates improper or inappropriate exposure to that material by the other.

B. If two employees marry, become related or begin sharing living quarters with one another, and in the judgment of the city manager, the potential problems noted above exist or could exist, one of the employees will be required to terminate employment unless reasonable accommodation can be made to eliminate the problem. A decision as to which employee will remain must be made by the two employees within 30 days of the date they marry, become related or begin sharing living quarters.

C. The definition of immediate family for purposes of this section includes: parent, child, spouse, brother, sister, in-laws, step relations, cousins, aunts and uncles, nieces, nephews and grandparents. (Ord. 2141 § 6.02, 1994)

Article VI. Salary Administration

2.94.140 Overtime and call out.

A. All employees classified as nonexempt employees will receive compensation for approved overtime work in excess of eight hours in a day or 40 hours in a work week. (Alternative work schedules may also be implemented at the discretion of the department such as a 4 – 10 work week. In such cases, overtime will be paid for hours worked in excess of the normally prescribed work day; e.g., 10 hours and 40 hours in a work week.) Nonexempt employees will receive overtime pay at one and one-half the regular hourly rate of pay. All overtime must be authorized in advance by the employee’s supervisor.

B. All employees are subject to call out in emergencies or as needed by the city to provide necessary services to the public. Unless there are extenuating circumstances, such call out is mandatory. Employees who in their judgment consider themselves unfit for unscheduled call out or overtime should explain the circumstances to the supervisor who may grant exceptions on a case-by-case basis. There will be not less than a minimum of two hours call out pay for nonexempt employees. Employees called back to duty will be paid their regular rate of pay or their call back rate of pay as applicable. (Ord. 2141 § 7.01, 1994)

2.94.150 General salary practices.

A. Starting Rates of Pay. New employees normally start their employment at the first step of the play range for their classification. At the request of a department head, the city manager may approve compensation at higher than step one when qualified applicants cannot be recruited at that rate or if a department head determines that the best qualified applicant has experience and qualifications in excess of the entry level pay rate for a given position.

B. Step Increases. Employees are eligible for a salary step increase after successful completion of the position orientation period and thereafter annually to maximum of the established salary range; provided however, such step increases may be withheld or delayed for unsatisfactory performance by an employee. Such performance deficiencies must be discussed and documented with the employee far enough in advance of the performance evaluation date to allow the employee sufficient time to correct his/her performance.

C. Compensation Upon Promotion. Any regular employee who is promoted to a position within a classification with a higher salary range shall receive not less than the next highest available pay step above their current rate of pay.

D. Compensation Upon Termination. When an employee’s employment with the city is terminated the employee will receive regular wages for all his/her work up to the time of termination. This will include any pay not already paid, any overtime or holiday pay due, and payment of any accrued but unused vacation and compensatory time. (Ord. 2141 § 7.02, 1994)

Article VII. Employee Benefits and Time Off

2.94.160 Applicability.

Unless provided otherwise in applicable labor agreements, the following benefits apply. (Ord. 2141 § 8.00, 1994)

2.94.170 Annual vacation.

A. Regular full-time and part-time employees shall be given annual vacation. Regular part-time employees shall accrue vacation based on the ratio of hours actually worked to 2,080 hours. Temporary employees are not eligible for these benefits.

B. Vacation shall be accrued annually as follows:

1 through 2 years employment 13 days of vacation

After 2 years employment 14 days of vacation

After 3 years employment 15 days of vacation

After 4 years employment 16 days of vacation

After 5 years employment 17 days of vacation

After 8 years employment 18 days of vacation

After 10 years employment 19 days of vacation

After 12 years employment 20 days of vacation

After 15 years employment 22 days of vacation

C. The maximum number of vacation hours which may be carried over from December 31st of one year to January 1st of the next year is equal to one year’s accumulation plus 40 hours. In cases where city operations have prevented an employee from using vacation time, the department head with the approval of the city manager may allow unused accrual in excess of the amount specified above to be carried over. Unused vacation leave not used shall be forfeited unless in conformance with the above.

D. In the event of separation from service for any reason, the employee shall be paid for any accrued vacation earned and not taken. (Ord. 2141 § 8.01, 1994)

2.94.180 Holidays.

The following holidays are granted with full pay:

New Years Day January 1

Martin Luther King’s
Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day 1st Monday in September

Veteran’s Day November 11

Thanksgiving 4th Thursday in November

Day after Thanksgiving Day after Thanksgiving

Christmas December 25

Floating Holiday

A. The floating holiday is to be scheduled by mutual agreement of the employee and your supervisor. Employees shall not become eligible for the floating holiday until the successful completion of six consecutive months employment. Any floating holiday not used by an employee by the end of the year will be forfeited.

B. If a designated holiday falls on a Saturday, the preceding Friday shall be observed and if the holiday falls on a Sunday, the following Monday shall be observed.

C. Employees must be in a pay status on the work day prior to and the work day following a holiday to be eligible for holiday pay.

D. Regular part-time employees shall observe the established holidays and be compensated for the same in ratio of hours actually worked, providing the holiday falls on the employee’s regularly scheduled workday.

E. If an employee’s religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with approval of the department head, take the day off using vacation, compensatory time, or leave without pay. (Ord. 2141 § 8.02, 1994)

2.94.190 Sick leave.

It is recognized that there are times when an employee will need time off due to illness, injury and unforeseen emergencies. Therefore, a paid sick leave program is created to act as a type of insurance policy in the event you may not be able to work for certain periods of time. Use of sick leave is intended for when one is unable to come to work due to illness, injury, disability or exposure to contagious disease. Sick leave is earned and to be used under the following conditions:

A. Full-time regular employees shall accrue sick leave at the rate of eight hours each month worked to a maximum of 960 hours. Regular part-time employees shall accrue sick leave based on a pro-rated amount to reflect their normally scheduled work week as compared to a full-time work week of 40 hours.

B. Sick leave may be taken when one is ill, injured, disabled or has been exposed to a contagious disease in which the presence of the employee is considered a possible risk to the health of others, or for medical examination or treatment when such appointments can not be scheduled outside of working hours.

C. Sick leave is granted for family leave as provided below under BMC 2.94.210.

D. Department heads may require a doctor’s certificate or other evidence of illness at his/her discretion.

E. Employees are required to inform their supervisor of an inability to come to work. This should be done within reasonable time of the scheduled starting time.

F. Employees who use eight or less hours of sick leave for any reason in a calendar year shall be given one extra paid vacation day as an incentive for nonuse of sick leave. (Ord. 2141 § 8.03, 1994)

2.94.200 Coordination of sick leave with time loss payments.

In the event of an on-the job injury that causes a regular employee to take time off of work for treatment and/or recuperation (“time loss”), that time will be charged to the employee’s sick leave balance, if any, until the Washington State Department of Labor and Industries has determined whether the claim is covered under the worker’s compensation program. It the claim is covered, the sick leave account of the employee will be restored by the amount of the time loss award divided by the employee’s normal rate of pay computed on an hourly basis. In order to be eligible for this benefit, the employee must turn in all time loss payments from the state to the city. If and when sick leave is exhausted, this same procedure will be continued using the employee’s accrued vacation and/or compensatory time balance. Once all sick leave and vacation leave balances are depleted, the employee will be eligible for a salary equal to their time loss payments from the state. This provision shall not apply to those employees who are covered by the disability leave provisions of the LEOFF I retirement system. (Ord. 2141 § 8.04, 1994)

2.94.210 Family leave.

Sick leave accruals for family reasons may be used in the situations stated below. The same reporting requirements outlined under sick leave above apply to this type of leave.

A. Pregnancy. Female employees may use any or all of her sick leave during the time she experiences a medical disability related to pregnancy or child birth.

B. Maternity/Paternity Leave. An employee may use up to 80 hours of accrued sick leave in any two-year period for the care of a new born or newly adopted child. This leave is in addition to leave taken by a mother for a medical disability related to pregnancy or child birth. Employees that anticipate the need for paid and/or unpaid leave should inform their supervisor prior to the expected start of the leave so suitable arrangements for temporary replacement staff can be made.

C. Care for a Child or Spouse. A regular employee may use any or all of your sick leave accruals while caring for your child (natural, adopted, step or foster) if the child is under the age of 18 years and has a health condition that requires treatment or supervision. This provision shall also apply to the care of an employee’s spouse regardless of age.

D. Unpaid Leave for Family Reasons. All employees, including temporary employees, may request leave without pay for up to 12 weeks in any 12-month period (1) upon the birth or adoption of a child; (2) to care for a spouse, child or parent who has a serious health condition; (3) to care for self, if employee has a serious health condition that makes employee unable to perform the functions of the position. Employees facing any of these circumstances may take unpaid leave in addition to any paid leave time to which they may be entitled above. Under federal law, the city must maintain the employee’s health benefits during the 12-week period at the level and under the conditions coverage would have been provided if the employee had continued to work. The city may recover the cost of such benefits if the employee fails to return to work. (Ord. 2141 § 8.05, 1994)

2.94.220 Other leaves.

A. Medical Leaves of Absence. Unpaid leaves of absence of up to six months may be granted in the case of an employee’s sickness or disability when supported by a physician’s certificate of necessity and reasonable expectation of a timely return to duty. Prior to application for a medical leave of absence, an employee’s accrued sick leave, annual leave, compensatory time and floating holiday must be exhausted.

B. Continuation of Benefits. Employees on paid sick leave, vacation, military or jury duty leave shall continue to receive all benefits including the accrual of vacation, sick leave, holiday pay, pension, and all insurance benefits. Those in other than paid leave status shall not be entitled to and shall not accrue any of the benefits of the city.

C. Bereavement Leave. When a death occurs in the immediate family, full-time or part-time regular employees will be compensated for time lost from your regular work schedule in accordance with the following guidelines:

1. Employees are granted up to five days off work with pay in the event of the death of your spouse, child, parents, or siblings; up to three days in the event of the death of your grandparents, father-in-law, mother-in-law, or daughter-in-law; and one day in the event of the death of a relative not a member of your immediate family as defined herein. Requests for bereavement leave should be made to your immediate supervisor.

2. Part-time regular employees shall be entitled to a pro-rata share of bereavement leave, based upon their regular scheduled work hours.

D. Court and Jury Duty Leave. Employees called to jury duty are strongly encouraged to fulfill their civic responsibility. A regular employee will be granted leave at his regular rate of pay. Days during the period of summons where one is not required to report to the court are not covered by this leave. It is expected that employees are to report to work if such breaks in jury duty occur during the regular work shift. Employees are also permitted to retain the allowance you receive from the court for such service at the discretion of the city.

Employees who have been subpoenaed for a job related matter shall be compensated as normal.

E. Military Leave (Military Training). Any regular employee may take up to 15 work days per year for active duty training if he/she is a member of the Washington National Guard, the Army, Navy, Air Force, Coast Guard or Marine Corps Reserves of the United States. This leave is in addition to your regular vacation leave.

Employees will continue to receive their normal pay during such active duty, provided a written copy of their orders is submitted to the supervisor prior to leave and a written copy of the release is submitted upon return. If the active duty exceeds 15 working days, the employee will be required to take the excess time first as compensatory time, vacation, and then leave without pay.

F. Leave for Active Duty Military Service. Regular employees who are called to, or volunteer for active duty military service will be placed on an indefinite unpaid leave of absence for the entire time the employee is in an active duty status with any branch of the United States Armed Forces or state militia. The employee may, at his option, use any or all of accrued vacation leave prior to moving to the unpaid status. Any unused vacation or sick leave accruals remaining at the time the unpaid leave begins will be held for the employee until return to active employment with the city. The employee will not earn additional vacation or sick leave accruals during the time of the unpaid leave, nor will they be entitled to health and welfare benefits.

Reinstatement following active duty will be in compliance with state and federal laws at the time of a return to work.

G. Leave of Absence Without Pay. The city manager may grant regular full-time and part-time employees leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as prolonged illness, parenting, caring for an ill relative, other reasons which would be to the interest and welfare of the city and are not solely for the employee’s personal gain or profit, or fulfilling a military obligation in excess of 15 working days per year.

An employee on a leave of absence without pay does not accrue vacation or sick leave and all other benefits paid or unpaid cease. (Ord. 2141 § 8.06, 1994)

2.94.230 Social security.

Employees shall be covered by the Federal Insurance Contributions Act (Social Security) as provided for by federal law. (Ord. 2141 § 8.07, 1994)

2.94.240 Group insurance.

Regular employees and their dependents are eligible for medical, dental, vision, and life insurance paid on their behalf as defined by the city, applicable labor agreements or particular plan rules. Part-time regular employees and their dependents are eligible for the city’s contributions to such insurance on a pro-rata basis of hours actually worked to a work month. Temporary employees are not eligible for these benefits.

The city reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable with prior notice to all affected employees. (Ord. 2141 § 8.08, 1994)

2.94.250 Pensions.

The city shall contribute to the Washington State Public Employees Retirement System (PERS) or the Law Enforcement Officers Fire Fighters Retirement System (LEOFF) as prescribed by law. (Ord. 2141 § 8.09, 1994)

Article VIII. Employee Conduct
and Dispute Resolution

2.94.260 Guidelines for appropriate conduct.

All employees are expected to adhere to acceptable business principles in matters of personal conduct and exhibit a high degree of personal integrity at all times. This involves sincere respect for the rights and feelings of others in both their work and personal lives. It involves avoidance of any behavior that might be harmful to oneself, co-workers and/or the city, or conduct that might be viewed unfavorably by the public at large. Types of behavior and conduct that is considered inappropriate include but are not limited to the following:

A. Violating nondiscrimination and/or sexual harassment policies;

B. Arriving on the job under the influence of intoxicating beverages or drugs; or using intoxicating beverages or nonprescription drugs on the premises or during work time; or misuse of prescription drugs on the job that cause potential hazard to other employees or the public; or any other violation of the city’s drug free workplace rules;

C. Insubordination;

D. Excessive absence or tardiness for any reason; abuse of sick leave;

E. Violation of these policies or other city operating procedures or regulations;

F. Unauthorized absence from work;

G. Violation of safety rules or personal conduct at work which is potentially dangerous to others;

H. Interfering with or disrupting the work of other employees on the job;

I. Negligent or willful damage to the city’s property, waste of supplies and equipment such as personal use of fax machines, copiers, city vehicles, and long distance telephone calls, and/or theft of co-workers’ or city assets or property;

J. Falsifying employment or other city records or general dishonesty;

K. Fighting or using obscene, abusive, or threatening language or gestures;

L. Failing to maintain the confidentiality and privacy of city or individual private information;

M. Discourteous treatment of the public or other employees;

N. Unwillingness to maintain an acceptable level of work performance.

The above items are intended as examples of the high standards expected of city employees. They are meant to be examples only, and are not intended to be a complete list of all possible infractions. Should an employee’s performance, work habits, overall attitude, conduct, or demeanor become unsatisfactory based on violations either of this guideline or of any other policies, rules, or regulations, such employee may be subject to disciplinary action, up to and including dismissal. (Ord. 2141 § 9.01, 1994)

2.94.270 Corrective action procedure.

The city manager shall establish a corrective action procedure by administrative order based upon progressive discipline to facilitate the handling of disciplinary situations related to this chapter or other personnel rules promulgated by the city. (Ord. 2141 § 9.02, 1994)

2.94.280 Complaint resolution procedure.

It is natural to have misunderstandings and conflict in organizations. The purpose of this procedure is to provide a method, whenever possible, for the resolution of such matters in a positive and constructive manner and to give employees a means of airing complaints regarding their employment. Employees and supervisors are encouraged to resolve the causes of conflict or disputes between themselves informally whenever possible. If such efforts fail then you may file a complaint in a more formal manner following the procedure outlined below. No retaliation, disciplinary action or discrimination shall occur because of the filing of a good faith complaint under this procedure. The procedure should not however, be construed as preventing, limiting, or delaying the city from taking disciplinary action against any employee up to and including termination where disciplinary action is deemed appropriate. (This complaint resolution procedure does not apply to department heads because under the council/manager form of government such employees serve in their positions at the discretion of the city manager.)

Complaint Defined: A complaint is an action by an employee alleging that they have not been treated justly concerning the administration of the personnel policies, administrative rules or regulations. Disciplinary actions such as oral warnings or less shall not be considered eligible for resolution through this procedure. Complaints must be initiated within 30 days of the alleged act.

Step 1 – Discussion of the problem with your immediate supervisor is encouraged as a first step. However, if you do not believe that discussion with your supervisor is appropriate, you may proceed directly to Step 2. You may go directly to the city manager in cases of allegations of discrimination or sexual harassment if you desire.

Step 2 – If your problem is not resolved after discussion with your supervisor, you are encouraged to request a meeting with your department head. The department head or a designee will conduct an investigation and review the matter with appropriate persons. You should normally receive a response within 10 working days of your meeting. Sometimes investigations take longer due to factors beyond the control of the investigator. If this should be the case, you will be informed of the status of the investigation and provided with a revised estimated time of completion.

Step 3 – Disputes not settled at Step 2 may be referred to a dispute resolution committee. This committee will be composed of three employees, all of whom are not involved in the complaint. The committee shall be composed of the following: (a) one employee appointed by the complainant, (b) a second employee appointed by the city manager, and (c) a third employee selected by the other two appointees. The committee shall review the situation, conduct interviews of persons involved or knowledgeable of the complaint, and conduct further investigations as needed. A decision will be issued within 15 working days and shall be a recommendation to the city manager. The city manager shall review the recommendation and make a final decision. (Ord. 2141 § 9.03, 1994)

Article IX. Separation from Employment

2.94.290 Resignation in good standing.

Employees who want to resign in good standing must give their supervisor written notice stating the effective date of the separation at least 14 calendar days in advance. A written statement as to the reason for the resignation should be included in this notice. (Ord. 2141 § 10.01, 1994)

2.94.300 Resignation not in good standing.

Unauthorized absence from work for a period of three consecutive days will be considered as a voluntary resignation, unless the employee can provide a reasonable explanation to the department head. Failure to give advance notice of resignation can impact your ability to be re-hired. (Ord. 2141 § 10.02, 1994)

2.94.310 Discharge.

Any employee who is unable, or unwilling to meet stated performance standards for their position, and whose performance does not improve with additional training or other corrective action, may be discharged from employment. Also, at the discretion of the city an employee may be discharged for disciplinary reasons. (Ord. 2141 § 10.03, 1994)

2.94.320 Layoff (reduction in force).

The city may lay off employees where there are changes in duties, reorganization of work or positions, a position or service is abolished, when there is a lack of work or shortage of funding or for other legitimate business reasons as determined by the city council.

A. Whenever a layoff is anticipated, employees whose jobs may be affected will be notified of the situation and options available as soon as possible to allow time to make necessary arrangements.

B. Temporary employees performing similar work will be laid off first.

C. Regular employees will be retained on the basis of seniority within job classification and department when job performance and qualifications are equal.

D. Options such as part-time work schedules, job sharing and voluntary time and/or pay reductions may also be explored, at the discretion of the city manager. (Ord. 2141 § 10.04, 1994)

Chapter 2.96
COMMUNITY TRADE AND ECONOMIC DEVELOPMENT (CTED) GRIEVANCE PROCEDURE

Sections:

2.96.010 Submit complaints in writing.

2.96.020 Complaint not resolved.

2.96.030 Record of action.

2.96.010 Submit complaints in writing.

Submit complaints in writing to the city manager or his/her designated official representative for resolution. A record of the complaints and action taken will be maintained. A decision by the city manager or his/her designated official representative will be rendered within 15 working days. (Ord. 2648 § 1, 2006)

2.96.020 Complaint not resolved.

If the complaint cannot be resolved to the satisfaction of the complainant by the city manager or his/her representative, the complaint will be heard by the city council and discussed at an open, public meeting of the city council. A written decision will be made within 30 working days. The decision of the city council is final. (Ord. 2648 § 1, 2006)

2.96.030 Record of action.

A record of action taken on each complaint will be maintained as a part of the records of minutes at each level of the grievance process. (Ord. 2648 § 1, 2006)